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Home My WebLink About10-04-2011 CCMPCity of Lake Elmo 3800 Laverne Avenue North October 4, 2011 6:30 p.m. Workshop: Meet with Scout Troop to answer questions for Citizenship Badge 700 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: JohnstonPearson Emmons Park 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 September 20, 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. I. 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. Lions Shelter Roof 4. Authorize signatures for payment of Funds from the Lake Elmo Bank 5. Acceptance/Approval of DNR "Volunteer Assistance Award" and Budget Adjustment 2011-007 . REGULAR AGENDA: 6, PUBLIC HEARING: 2010 Street and Water Quality Improvements Assessment Hearing 7. PUBLIC HEARING: Kindred Court Drainage Correction 8. Resolution No. 2011-044 Consolidating and Ordering Improvements 9. Confirming Sale, Prescribing the form and details and providing for the payment of $845,000 General Obligation Improvement Bonds, Series 2011A ; Resolution No. 2011-045 10, PUBLIC HEARING: Consider petition from Alan Kupferschmidt, 2769 Legion Avenue N., vacate a portion of existing dedicated roadway for access to community septic system; Resolution No. 2011-042 11. PUBLIC HEARING: Delinquent Surface Water Utilities 12, Special Event Permit Ordinance - Revised Ordinance Limiting Scope to Larger Events Only 13. Downtown District Sidewalk Maintenance - Reconsider Project, Increase the Scope of Work and Award of Contract 14, Kindred Court Drainage Corrections - Award Contract 15. Appointments to Lake Elmo Library Board 16, Well No. 2 Chlorination System Addition - Reject Quotes and Consider Project with City staff coordinating the equipment purchase and installation 17. Library Updates 18. Discussion/Action on Personnel Matters 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 City of Lake Elmo City Council Meeting Minutes September 20, 2011 Mayor Johnston called the meeting to order at 7:00 p.m, PRESENT: Mayor Johnston and Council Members Emmons, Park (arrived 7:06 p. Pearson and Smith Also Present: Administrator Messelt, Attorney Snyder, City Engineer Griffin, Planning Director Klatt, Finance Director Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA: MOTION; Council Member Smith moved to amend the Seppt mber 20, 2011 agenda by moving Item #10 to 8 p.m, and Item #11to 8;30 p.m, Council Member Park seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: The September 20, 2011 City Council minutes were accepted as amended by consensus of the City Council. PUBLIC INQUIRIES: CONSENT AGENDA: MOTION: Council Mernber:St.nith*ved to approve Agenda Items #2 and #4 on the Consent Agenda.,:rCouncil MeMber Paik seconded the motion, The motion passed 5-0, • Approve:Final Payment to All Weather Services for the 2011 Street Ram Project I the amount of $25,837; to be paid from the Surface Water Fund • Approve the proposed Easement Encroachment Agreement for 9630 Whistling Valley Trail REGULAR AGENDA: Approve payment of disbursements and payroll A question was raised on claims for Focus Engineering and TKDA claims, The City Engineer explained the TKDA invoices were for past work done by TKDA LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2011 MOTION: Council Member Smith moved to approve payment of disbursements and payroll in the amount of $176,671.14. Council Member Pearson seconded the motion. The motion passed 5-0. Authorize City Staff to prepare a City Letter to residents an businesses further explaining the preliminary 2012 Levv and Budget The City Council requested they review the materials before this information is mailed out. Council Member Pearson did not want to spend $1,500, but rather address questions through email, phone, etc. MOTION: Council Member Smith moved to table this item to October 4, 2011 City Council meeting. Council Member Emmons seconded the motion. The motion passed 4- 1 (Council Member Pearson voting against.) Consider a Variance to allow Holding Tanks to be installed 2860 Lake Elmo Avenue North Jpore than 12 months at The City Council reviewed the variance request for two:holding tankstobe installed at 2860 Lake Elmo Avenue North at the August 23 Clity— Council meetingAt the August 23"Imeeting, the Council requested the applicaneiekew-ch:=4dditional alternatives to the two holding tanks being requested. The Council wa§:iriOV'Comfortable with installing holding tanks. The applicants brought forward additional �ptions:TEqijais and Soil Investigation & Design, they have since explored. - The Council would consider4variance;lyut the property has to perk and then options evaluated, MOTION: Council: einberSinith'Oloyed to table and to require the applicants come back with a recornMendation'On ,optiOns. Council Member Park seconded the motion. The motion pasSed.;5,-0, Reconsideration of an -Iiiterim:Use Permit (JUP) application from Country Sun Farm and Greenhouses Inc. to alloWAlie sale of agricultural produce at 11211 60111 Street N Following the discussions between the applicant and the City, the City Council reconsidered the Interim Use Permit application from Country Sun Farm Greenhouse. The request is to reconsider an application for an IUP, now updated, to allow an Agricultural Sales Business for Country Sun Farm & Greenhouses Inc. The application was originally denied at the August 23"I City Council Meeting, Keith Bergman noted proposed changes for vehicular access has been discussed toward resolving the Council concerns on safety with MnDOT. There will not be jumping inflatables nor gem mining activities until they can apply and receive approval for a Special Event Permit. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2011 2 MOTION: Council Member Smith moved to approve Resolution No. 2011-040 approving the Interim Use Permit for an Agricultural Sales Business for two years and to authorize the Mayor to execute the Consent Agreement presented to the City Council related to an interim use permit at 11211 60th Street N. Council Member Pearson seconded the motion, The motion passed 5-0. Conditional Use Permit Amendment: Rockpoint Church -Overflow Parking Lot Expansion Update This item was tabled due to concerns expressed by the City Council on potential impacts from vehicular traffic visiting the site. Staff met with the City Engineer and applicant to review the concerns. Bob Bridges, Exec, Pastor, explained they have looked at the parOrig lot meeting City's lighting requirements and have reduced the sky glow with fullOhielded lights, eliminated height of fixtures and all lights are tuned offby fl p4,n, He said the only residential they are interested in is located in the Preliminary Plat Of Deer Glen. MOTION: Mayor Johnston moved to adopt Resolution No.4011-041 approving a Conditional Use Permit amendment for Rockpoint Church at 5825 Kelvin Avenue North to allow the expansion of an overflow parking lot, COUnCil Member Pearson seconded the motion. The motion passed 5,70, Downtown District Sidewalk Mairitenancel:Award 664tract The City Council considered the award Of a contract to Sheehy Construction in the amount of $48,923 for the Downtown District Sidewalk Maintenance Project ; and to further consider the scope ofProposed work*,be completed south of the UP railroad Tracks along the west side of Lake Elmo Avenue. South of the Union Pacific Railroad tacks: In addition to the downtown district sidewalk maintenance project, 4iiff asked Council direction to (1) complete sidewalk maintenance repaiii for the adje' ent sidewalk areas south f the UP Railroad tracks and west along Lake Elmci'Aventie or (2) to allow Washington County to remove the sidewalk in this area. Washington County has agreed to contribute up to half the cost for the repairs, but declined to help with this $8,000 extended sidewalk maintenance project. Ryan Stempski, City Engineer, reported there were five different companies that attended the pre -bid meeting, and of those, only one contractor submitted their quote by the September 151h deadline; Sheehy Construction's submitted bid for $49,000 for the sidewalk repairs was somewhat higher than the engineer's estimated bid, Staff did receive a proposal from another contractor for $12,000 less than Sheehy's price, but it came in after the deadline, LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2011 City Engineer Griffin said the narrow time frame where weather would be suitable for an outdoor construction project this year was likely a culprit in deterring proposals from other contractors. He didn't think that waiting would guarantee lower price estimates and would bring on additional costs because staff would have to repeat the process of soliciting price bids and meeting with contractors again. MOTION: Council Member Smith moved to go out for bids for the entire sidewalk maintenance project next spring, Council Member Pearson seconded the motion. The motion passed 3-2 (Council Member Park and Mayor Johnston voting against.) Trunk Highway 36 Corridor — Discussion on Access Management Planning and the Mn/DOT Hilton Trail Interchange & J-Turn Projects City Engineer Griffin gave an overview on the City's long term corridor access management plan. The City Council received a presentation by MnDOT representatives Adam Josephson and Paul Cakalmeyer on the Trunk Highway 36 Corricief including a -status report from Mn/DOT on the Hilton Trail Interchange project,* an explanation on i'proposed J- Turn project. The J-Turn project is a proposed interim solution to provide better access for the Highlands Trail and DeMontreville Trail intersections at Trunk Highway 36. Mayor Johnston commented on his dislikea tifeJbacktracking that comes from the J- Turn but didn't see a better option. . = ' „ .... Council Member Smith asked that thershort tern solution be exactly that and asked -...7: i MnDOT to work on a long,teini solution -of installing a frontage road. She also asked for advanced warning lights for the,;stoplight,W,Josephson responded that accident rates go up with warning lights,and they ire phasing out these lights. Council Member:Einmons asked if MnDOT would help fund the activity of a frontage road. Mr. Josephson stated that City, County and State funds have been secured. Mr. Josephson asked thattheity define what Lake Elmo wants to see for the Trunk Highway 36 Corridor Planiand insert this plan in the City's Comprehensive plan. Update Re: Library Service Considerations Administrator Messelt provided library considerations for Council discussion, The Council was in thvor of the offer the State Librarian and Director of MELSA to facilitate discussion between Washington County and Lake Elmo regarding cooperative arrangements that would advance other organizations' of efficient and affordable library services for their respective citizens. The Council requested the Mayor send a letter to the State librarian indicating Council's acceptance of such offer. LAKE ELMO CITY COUNCIL MINUTES SEPTE BER 20, 2011 4 Mayor Johnston submitted his summary of the meeting he and Council Member Smith attended with the State Librarian and Director of MELSA. Sarah Linder and Judy Gibson, residents and Friends of the Library, reported on their personal library priorities and input on library priorities from 40 voters at the Fall Festival. Paul Pallmeyer, Lake Elmo resident, requested access to the library system and didn't want to pay the $60 per household, REPORTS: Highway 36 Corridor in Comprehensive Plan The Council authorized City Engineer Griffin to work on planni* rocess with the help of a traffic transportation expert and come back with informatioil'at a future Council meeting, The Council adjourned the meeting at 11:05 p.m. Respectfully submitted by Sharon Lumby, City Clerk.. -':- .-.. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2011 5 CITY OF LAKE -1AELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 10/04/2011 CONSENT ITEM #: 2 MOTION as part of Consent Agenda Approve Disbursements in the Amount of $ 103,046.37 Tom Bouthilet, Finance Director Bruce Messelt, City Administrator City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S103,046.37 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 ACH ACH DD3575 — DD3590 37556 — 37561 37562 37596 $ 6,668.90 Payroll Taxes to IRS 09/22/2011 1,198.75 Payroll Taxes to MN Dept. of Revenue 09/22/2011 $ 4,044.10 Payroll Retirement to PERA 09/22/2011 $ 21,541.95 Payroll Dated 09/22/2011 (Direct Deposit) $ 3,005.91 Payroll Dated 09/22/2011 (Payroll) $ 66,586.76 Accounts Payable Dated 10/04/2011 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 page 1 -- City Council Meeting 1 Approval of Disbursements October 4th, 2011 Consent Agenda Item #2 RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $103,046.37 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 September, 2011, Disbursements, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 10/04/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion ..... ..... ................... ............... ............ Mayor & City Council Facilitates Action on Motion Mayor & City Council -- page 2 -- Accounts Payable To Be Paid Proof List User. joan z Printed: 09/29/2011 - 1:50 PM Batch: 004-09-2011 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 10 STAR 10 Star Horne Builder Chk Req 09/20/2011 803-000-0000-22900 Deposits Payable Chk Req Total: 10 STAR Total: 5,000.00 0.00 10/04/2011 Escrow Return 8945 27th St .47877 5.000.00 5,000.00 No 0000 ACEHARD Ace Hardware, Inc 111401 08/15/2011 57.40 0.00 10/04/2011 Hardware for tool mounting No 0000 101-420-2220-44040 Repairs/Maint Eqpt 111401 Total: 57_40 ACEHARD Total: 57.40 ALERTALL Alert -All Corp 211080320 08/25/2011 1,342.50 0.00 10/04/2011 Fire Prevention items No 0000 101-420-2220-42090 Fire Prevention 211080320 Total: 1,342.50 ALERTALL. Total: 1,342.50 ARAM Aramark, Inc. 629-7326556 09/15/2011 21.29 0.00 10/04/2011 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7326556 Total: 21.29 629-7331385 09/22/2011 21.29 0.00 10r04r2011 Uniforms No 0000 101-430-3100 44170 Uniforms 629-7331385 Total: 21.29 629-7333179 09/26/2011 128.53 0,00 10/04/2011 Linen City Hall No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7333179 Total: 128.53 ARAM Total: 171.11 AP - To Be Paid Proof List (09/29/11 - 1:50 PM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ASPENMI Aspen Mi1ls4 Inc. 112335 09/13/2011 128.48 0.00 10/04/2011 Jacket, narne tag No 0000 101-420-2220-44170 Uniforms 112335 Total: 128.48 ASPENMI Total: 128.48 BATTYPL Batteries Plus Woodbury, Corp 32-735902 09/19/2011 20.27 0.00 10/04/2011 Legion Lift Station battery No 0000 602-495-9450-44030 RepairskMaint Imp Not Bldgs 32-735902 Total: 20.27 BATTYPL Total: 20.27 BIFFS Biffs Inc. Multiple 09/21/2011 632.89 0.00 10/04/2011 Portable tearooms No 0000 101-450-5200-44120 Rentals - Buildings Multiple Total: 632.89 B1FFS Total: 632.89 CTYOAKDA City of Oakdale 20110922945 09/22/2011 409.95 0.00 10/04/2011 Repair, LI, PTO pump No 0000 101-420-2220-44040 Repairs/Maint Eqpt 20110922945 Total: 409.95 CTYOAKDA Total: 409_95 EMERGAPP Emergency Apparatus Maint. INC 20003 09/28/2011 59.30 0.00 10/04/2011 Repair rear strobe on CV1 No 0000 101-420-2220 14040 Repairs/Maint Eqpt 20003 Total: 59.30 57101 09/15/2011 3,189.04 0.00 10/04/2011 L1 Repairs - No 0000 101-420-2220-44040 Repairs/Maint Eqpt 57101 Total: 3,189.04 57103 09/14/2011 2,177.60 0.00 10/04/2011 E2 Repairs No 0000 101-420-2220-44040 Repairs/Maint Eqpt 57103 Total: 2,177.60 EMERGAPP Total: 5,425.94 FASTENAL Fastenal MNT1128016 09/07/2011 101-430-3100-42210 Equipment Parts MNT1128016 Total: AP - To Be Paid Proof List (09/29/11 - 1:50 PM) 55,12 0.00 10/04/2011 Hardware 55.12 No 0000 Page 2 Invoice # Inv Date FASTENAL Total: FOCUS Focus Engineering, Inc. 22 & 23 09r29/2011 101-410-1930-43030 Engineering Services 22 & 23 Total: 24 09/29/2011 101-420-2400-43030 Engineering 24 09/29/2011 101-410-1910-43030 Engineering Services 24 09/29/2011 409-480-8000-43030 Engineering Services 24 09/29/2011 404-480-8000-43030 Engineering Services 24 09/29/2011 101-430-3100-43030 Engineering Services 24 09/29/2011 601-494-9400-43030 Engineering Services 24 09/29/2011 602-495-9450-43030 Engineering Services 24 09/29/2011 603-496-.9500-43030 Engineering Services 24 Total: 25 09/29/2011 203-490-9070-43030 Engineering Services 25 Total: 26 09/29/2011 417-480-8000-43030 Engineering Services 26 Total: 27 09/29/2011 409-480-8000-43030 Engineering Services 27 Total: 28 09/29/2011 4 I 8-480-8000-43030 Engineering Services 28 Total: 29 09/29/2011 409-480-8000-43030 Engineering Services 29 Total: 30 09/29/2011 409-480-8000-43030 Engineering Services 30 Total: 31 09/29/2011 413-480-8000-43030 Engineering Services 31 Total: AP - To Be Paid Proof List (09/29/11 - 1:50 PM) Amount Quantity Pmt Date Description Reference 55.12 8,581.59 8,581.59 1,996.14 1,903.78 4,794.28 315.00 365.50 2,137.00 180.00 1,899.50 13,591.20 0.00 10/0412011 General Engineering 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 General Engineering-V RA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VR.A. General Engineering-VRA 3,534.03 0.00 10/04/2011 Development -Whistling Valley 3,534.03 1,521.00 0.00 10/04/2011 Lake Elmo 2010 Street & Water Quality 1,521.00 292.50 0.00 10/04/2011 2011 Seal Coat Project 292.50 1,960_82 0.00 10/04/2011 2011 Street Improvement/Water Quality 1,960.82 1,451.'17 0.00 10/04/2011 Lake Elmo court Drainage Correction 2,729.27 0.00 10/04/2011 Lake Elmo District Sidewalk Maint, 59.00 0.00 10/04/2011 1-94 to 30th Sreet - Village Sanitary 1,451.77 2,729.27 59.00 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 3 Invoice # Inv Date 32 09/29/2011 602-495-9450-43030 Engineering Services 32 Total: 33 09/29/2011 601-494-9400-43030 Engineering Services 33 Total: FOCUS Total: FOREMOST Foremost Promotions 133953 09/16/2011 101-420-2220-42090 Fire Prevention 133953 Total: FOREMOST Total: Fresh FI Fresh Fields bakery & Cafe 10101 09/09/2011 204-450-5200 14300 Miscellaneous 10101 Total: Fresh Ft Total: GARELICK Gorelick Steel Co, Inc 213840 09/20/2011 410-480-8000-45800 Other Equipment 213840 Total: GARELICK Total: HARTMAN Han -man Homes Chk Req 09/20/2011 803-000-0000-22900 Deposits Payable Chk Req Total: HARTMAN Total: HAWK Hawk Labeling Systems. 184253 09/16/2011 101-420-22.20-42000 Office Supplies 184253 Total: HAWK Total: AP - To Be Paid Proof List (09/29/11 - 1:50 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 277.00 0.00 10/04/2011 10th Street Infrastructure Planning 277.00 95250 0.00 10/04/2011 Supply Well & Pumphouse 4 952.50 34,950.68 719,17 0.00 10/04/2011 Fire Prevention Items 719.17 719.17 526.00 526.00 526.00 /0.65 81.65 81.65 3,000.00 3,000.00 3,000.00 79.68 79.68 79.68 0.00 10/04/2011 Bakery Goods For Fall Festival 0.00 10/04/2011 Bollards Sunfish Parking Lot 0.00 10/04/2011 Escrow Return 10150 Tapestry Bend #76g9 0.00 10/04/2011 Tapes for labeling Machine No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 Page 4 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task Type PO # Close POLine # HAWKINS Hawkins, Inc. 3264085 09/15/2011 370.32 0.00 10/04/2011 Pump Repair & Valve 601-494-9400-44030 Repairs Wlaint Imp Not Bldgs 3264085 Total: 370.32 HAWKINS Total: 370.32 KELCO Keleo Company Chk Req 09/27/2011 803-000-0000-22900 Deposits Payable Chk Req Total: KELCO Total: MARVS ivlary's Professsional Tools 241490 09/29/2011 601-494-9400-42400 Small Tools & Minor Equipment 241490 Total: MARVS Total: 3,000.00 0.00 10/042011 Escrow Return Whistling Valley #7583 - 3,000.00 3,000.00 18.90 0.00 10104/2011 Driver Set 18.90 18.90 MENARDSO Menards - Oakdale 15162 09/29/2011 51.99 0.00 10/04/2011 E1ec. Connectors, Soap, Winshield 101-430-3100-42150 Shop Materials Wash 15162 Total: 51.99 16404 09/19/2011 30.81 0.00 10/04/2011 City Hall Bldg Supplies 101-410-1940-44010 Repairs/Maint Contractual Bldg 16404 Total: 30.87 17275 09212011 39.88 0.00 10/04/2011 Paint for Bollards SunGsh parking Lot 404-480-8000-45300 Improvements Other Than Bldgs 17275 Total: 39.88 MENARDSO Total: 122.74 MENARDST Menards Stillwater 11555 09/022011 4.92 0.00 10/04/2011 Kitchen Supplies I 01-420-2220 14300 Miscellaneous 11555 09/02/2011 29.44 0.00 10/04/2011 Supplies for fall festival 204-450-5200-44300 Miscellaneous 11555 Total.: 34.36 MENARDST Total: 34.36 MILLSCOL Mills Cole 09/26/11 09/26/2011 55.00 0.00 10/04/2011 Cabled Live Mtg - Planning 101-410-1450-43620 Cable Opertions Commission AP - To Be Paid Proof -List (09/29/11 - LSO PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # Inv Date 09/26111 Total: M1LLSCOL Total: Amount Quantity Pint Date Description Reference 55.00 55.00 MN NATIV Minnesota Native Landscapes 7209 09/15a011 1,075.00 404-480-8000-45300 Improvements Other Than Bldgs 7209 Total: 1,075.00 MN NATIV Total: 1,075.00 MNLABOR DEPT of LABOR & INDUSTRY ABR00298191 09/08/2011 601-494-9400.-44300 Miscellaneous ABR0D298191 Total: ABR00298621 09/08/2011 101-420-2220-44300 Miscellaneous ABR00298621 Total: ABRO030181 I 09/08/2011 101-430-3100-44300 Miscellaneous ABR00301811 Total: ABR00303101 09/08/2011 101-430-3100-44300 Miscellaneous A13R00303101 Total: MNLABOR Total: NAPA NAPA Auto Parts 683406 09/23/2011 101-420-2220-4404D Repairs/Maint Eqpt 683406 Total: NAPA Total: NEXTEL Nextel Communications 761950227-102 09/18/2011 101-410-1940-43210 Telephone 761950227-102 09/18/2011 101-420-2220-43210 Telephone 761950227-102 09/1812011 101-420-2400-43210 Telephone 761950227-102 09/18/2011 101-430-3100-43210 Telephone 761950227-102 09/18/2011 101-450-5200-43210 Telephone 761950227-102 Total: AP -To Be Paid Proof List (09/29/11 - 1:50 PM) 0.00 10/04/2011 Weed Control & Site Visit - Sunfish Park 10.00 0.00 10/04/2011 Pressure Vessel Permit 10.00 0.00 10/04/2011 Pressure Vessel Permit 10.00 0.00 10/04/2011 Pressure Vessel Permit 10.00 0.00 10/04/2011 Pressure Vessel Permit 10.00 10.00 10.00 10:00 40.00 3,20 0.00 10/04/2011 Light Bulb 3.20 3.20 17.80 79.45 17.48 34.96 102.77 252.46 0.00 10/04/2011 0.00 10/04/2011 0.00 10/04/2011 0.00 10.'04/2011 0.00 10/04/2011 Cell Phone Service - Administration an Phone Service - Fire Dept Cell Phone Service - Building Dept Cell Phone Service - Public Works Cell Phone Service - Parks Dept Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date Amount Quantity Prnt Date Description Reference Task Type PO # Close POLine # NEXTEL. Total: 252.46 POMPS Pomp's Tire Service, Inc. 673053 08/31/2011 155.50 0.00 10/04/2011 Repair Flat Tire on T2 101-420-2220 11040 Repairs/Maint Eqpt 673053 Total: 155.50 POMPS Total: 155.50 PRESSA Anastasia Press 09/20/11 09/20/2011 101-410-1450-43620 Cable Operations 09/20/11 Total: 09/27/2011 09/27/2011 101-410-1450-43620 Cable Operations 09/27/2011 Total: PRESSA Total: No 0000 55.00 0,00 10/04/2011 Cabled Live - CC meeting 9/20/11 No 0000 55.00 55.00 0.00 10/04/2011 Cabled CC Meeting - Special 9/27/11 No 0000 55.00 110.00 ROGERS Rogers Printing Services, Corp 18109 09/14/2011 247.68 0.00 10/04/2011 Forms & Envelopes Utility Billing No 0000 601-494-9400-42030 Printed Forms 18109 Total: 247.68 ROGERS Total: 247.68 ROTARYLE Lake Elmo Rotary Club 09/28/2011 09/29/2011 1,176.00 0.00 10/04/2011 Return Silent Auction Receipts -Fall No 0000 204-450-5200 11300 Miscellaneous Fest 09/28/2011 Total: 1,176.00 ROTARYLE Total: 1,176.00 ROWEKAMP Rowekamp Associates Inc, 2011071 05/17/2011 2,142.50 0.00 10/04/2011 Sign Inventory Software - No 0000 101-430-3100-42260 Sign Repair Materials 2011071 Total: 2,142.50 ROWEKAMP Total: 2,142.50 TASCH T.A. Schifsky & Sons Inc 52014 09/06/2011 471.28 0.00 10/04/2011 Asphalt - No 0000 101-430-3120-42240 Street Maintenance Materials 52014 Total: 471.28 AP - To Be Paid Proof List (09/29(11 - 1:50 PM) Page 7 Invoice # lnv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 52065 09/13/2011 127.07 0.00 10/04/2011 Asphalt - No 0000 101-430-3120-42240 Street Maintenance Materials 52065 Total: 127.07 52109 09/20/2011 474.46 0.00 10/04/2011 Asphalt No 0000 101-430-3120-42240 Street Maintenance Materials 52109 Total: 474.46 TASCH Total: 1,072.81 TW[NGAR Twin City Garage Door Corp. 356098 09/16/2011 110.00 0.00 10/04/2011 Repair Garage Door opener No 0000 101-420-2220 44010 Repairs/Maint Bldg 356098 Total: 110.00 TW1NGAR Total: 110.00 WASRADIO WASHINGTON COUNTY 70461 09/19/2011 101-420-2220-43230 Radio 70461 09/19/2011 101-420-77,0-43230 Radio 70461 Total: WASRADIO Total: 3,800.76 0.00 10/04/2011 1/4rly user fee for 800 MHz radios 38.00 0.00 10/04/2011 Radio repair/maintenance fund 3,838.76 3,838.76 YOCUM Yocum Oil Company, Inc. 204222 09/20/2011 160.69 0.00 10/04/2011 Bulk Oil Tanks 101-430-3100-44010 Repairs/Maint B1dg 204222 Total: 160.69 YOCUM Total: 160.69 Report Total: 66,586.76 AP - To Be Paid Proof List (09/29/11 - 1:50 PM) No 0000 No 0000 No 0000 Page 8 CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION 10/04/2011 AGENDA ITEM: Authorization to Proceed with Re -Roofing of Lions Park Shelter SUBMITTED BY: Mike Bouthilet THROUGH: Bruce Messelt ,32 REVIEWED BY: Bruce Messelt, Tom Bouthilet, Carol Kreigler SUMMARY AND ACTION REQUESTED: The Public Works Department is requesting authorization to contract replacement of the roof shingles on the Lions Park Shelter. No specific motion is needed, as this is recommended to be part of the approval of the Consent Agenda. BACKGROUND INFORIVIATION: The roof shingles need to be replaced due to age, curling and falling off the building. Once shingles are removed roof boards condition will be evaluated. This is a CIP budgeted item, STAFF REPORT; Pursuant to State Statute and City Council procurement policy, quotes were solicited from four contractors to replace the roof shingles. The price from the low bid contractor included: • Remove all existing roofing materials and nails. • Re -nail loose roof boards. • Replace rotten or broken boards up to 5% of roof area, $1.00 sq/ft after the 5%. • Furnish and install GAF weather watch and ice shield 6up all eaves. Furnish and install 15# underlayment over remaining roof • Furnish and install GAF Royal Sovereign 25 yr. 3 tab shingles. • Furnish and install new GAF Cobra ridge vent. • Furnish and install all Boston style ridging. • Clean up and remove all roofing debris. • 10 year warranty on labor, 25 year warranty on material. -- page 1 -- City Council Meeting Authorization to Proceed th Re -Roofing of Lions Park Shelter October 4th, 2011 Consent Agenda Item # 4 The four quotes were from: • All Seasons Roofing and Construction._ , $5,270.00 • Central Plains Restoration....... ....... ...„ ...„ .„ $5,912.78 • Galvin Homes Renovations.. , , ....... ..... ,.$6,000,00 • Engel Homes., „.... ,.......... ........... .....$6,000,00 RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda contracting with All Seasons Roofing and Construction to replace the Lions Shelter Roof for $5,270.00 and $1.00 sq/ft of boards above the 5% of roof, if deemed necessary by the Public Works Superintendent. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda 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 proceed as directed at tonight's meeting." ATTACHMENTS: None 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 Facilitates - Action on Motion .................... Mayor & City Council -- page 2 -- CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/04/2011 CONSENT ITEM #: 4 MOTION as part of Consent Agenda AGENDA ITEM: Authorize Signatures for payment of Funds from the Lake Ehno Bank SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION, REOUESTED:, As part of its Consent Agenda, the City Council is asked to approve Resolution 2011- 047 authorizing Mayor Dean Johnston & City Clerk Sharon Lumby as primary signatures on checks for payment of claims and withdraw funds on deposit with the Lake Elmo Bank. The City Council is also asked to approve Council Member Anne Smith and Finance Director Thomas Bouthilet as secondary signatures on checks for payment of claims and withdraw funds in the event of absence of one of the primary signature or an urgent special check is required. BACKGROUND INFORMATION: City policy requires two signatures on all checks drawn from the Lake Elmo Bank. Please note that the City has no other Checking Accounts at the Lake Elmo Bank, or at any other financial institution. STAFF REPORT: In January, 2011 the City Council approved the practice of one Council Member and one Staff Member as Primary Signatures. Such practice advances desired checks and balances and separation of duties for financial management and control. RECOMMENDATION: It is recommended that the City Council approves Resolution 2011- 047 authorizing, Mayor Dean Johnston and City Clerk Sharon Lumby as the primary signatures, along with Council Member Anne Smith and Finance Director Thomas Bouthilet as the secondary signature, on checks drawn from the Lake Elmo Bank; or a facsimile signature from all signers. -- page 1 -- City Council Meeting Authorize Signatures ayments From the Lake Elmo Bank October 4th, 2011 Consent Agenda Item # 4 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda 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 Resolution 2011- 047, Authorizing Mayor Dean Johnston and City Clerk Sharon Lumby as Primary Signatures and Council Member Anne Smith and Finance Director Thomas Bouthilet as secondary signature for all payments of money and withdraw funds on deposit with the Lake Elmo Bank. Presented [and modified] herein." ATTACHMENTS: 1, Resolution 2011 - 047 SUGGESTED ORDER OF BUSINESS (ff removed from the Consent Agenda): 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 WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011- 047 A Resolution Authorizing Signatures for Payment of funds from the Lake Elmo Bank WHEREAS, on January 4, 2011 the City designated the Lake Elmo Bank as one of the official depository for funds of the City of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council hereby approves the following: 1. Mayor Dean Johnston and City Clerk Sharon Lumby shall be the primary signatures on all checks and order for payments and withdraw funds on deposit with the Lake Elmo Bank. 2. Council Member Anne Smith and Finance Director Thomas Bouthilet shall be the secondary signature on all checks and order for payments and withdraw funds on deposits with the Lake Elmo Bank, in the event absence of one of the primary signatures or an urgent special cheek is required. Mayor Dean Johnston's, Council Member Anne Smith's, City Clerk Sharon Lumby's, and Finance Director Thomas Bouthilet's facsimile signature may be used to sign all checks and orders for payment of money and withdraw funds on deposit with the Lake Elmo Bank, 4. This Resolution shall continue to be in effect until expresses written notice of its rescission or modification has been received and recorded by the Lake Elmo Bank. ADOPTED, by the Lake Elmo City Council on this, the 4th day of October, 2011. Dean Johnston, Mayor ATTEST: Bruce Messelt City Administrator LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/04/201 I CONSENT ITEM #: MOTION AGENDA ITEM: Acceptance/Approval of DNR "VOLUNTEER ASSISTANCE AWARD" and Budget Adjustment 2011-007 SUBMITTED BY: Fire Chief Greg Malmquist THROUGH: City Administrator Bruce Messelt 51), REVIEWED BY: Finance Director Tom Bouthilet SUMMARY AND ACTION REQUESTED,: The City Council is respectfully requested to accept/approve as part of tonight's Consent Agenda the $1,500, 50/50 matching grant from the DNR and to approve a budget adjustment to the CIP to allow the purchase of leather turnout boots for the Lake Elmo Fire Department. BACKGROUND INFORMATION & STAFF REPORT: Based on the recommendation of the dept. equipment Capt and a review by the officers of the dept., we would like to move ahead with the purchase of leather turnout/firefighting boots. We have been looking into this change over for many years and until now, we didn't feel that the quality was there and it was cost prohibitive. There are several reasons for this change. For the last several years we have been experiencing problems with the quality and durability of the traditional rubber boots we have been using. They also do not offer the fit and support that the leather boots do. The boots we are recommending are certified for structural and wildland firefighting. With the fit and support they offer, we believe we will decrease the chance of slips and falls resulting in firefighter injury that we have experienced in the past. The selection process conducted by the equipment Capt. involved getting sample boots from four different manufacturers/vendors into the stations. Members from the department tried all the samples on and offered opinions. Neighboring departments that are using leather boots were contacted for feedback. As a result of this research, Globe boots were selected. Globe is the only vendor that offers both men's and women's sizes, not just one size fits all. Globe is the boot of choice for all the departments we contacted and was recently selected by the JPA in the West Metro. -- page 1 -- City Council Meeting cept/Approve DNR "VOLUNTEER ASSISTAI CE AWARD" & Budget Adjustment October 4th, 2011 Consent Agends Item # 5 We realize that this is a significant expenditure at $370/pair x 22 pairs totaling $8140, but we feel the benefit outweighs the cost, The cost of $8140 will be reduced by $1500 with the DNR grant to $6640-, This balance will be paid from the funds remaining in the E2 upgrade project which was originally budgeted at $32,000 in the CIP. The actual cost of the project is $15,741.20, with $16,258.80 in savings. RECOMMENDATION; Based on the recommendation of the equipment officer, the officers of the department and the extensive research conducted, the City Council is requested to affirmatively consider accepting the DNR Grant for $1500 and approving a Budget Adjustment to cover the $6640 balance to purchase leather turnout boots. Alternatively, the City Council may remove this item from the Consent Agenda and further deliberate and discuss prior to taking action (or tabling this item). The suggested motion following this action would be: 'Move to approve the $1,500, 50/50 'notching grant from the DNR and Budget Adjustment 2011-007 to allow the purchase of leather turnout boots for the Lake Elmo Fire Department." ATTACHMENTS: 1. DNR Grant Contract 2. Budget Adjustment 2011-007 3. Original Requisition, (adjusted to include new Firefighters 4. Recommendation Letter SUGGESTED ORDER OF BUSINESS removed from the Co Questions from Council to Staff ..... ....... .,...............,...., Call for Motion Discussion ......... „..„,...., ....... .......... Actionon Motion........ ..... . .......... ..,„..,...... ......... ........., nsent Affenda): ......... Mayor Facilitates Mayor & City Council ,........Mayor Facilitates Mayor & City Council 1 MinnesotaDepartment of Natural Resources 402 SE 11 Street • Grand Rapids, MN • 55744 September 16, 2011 RE: 2012 VOLUNTEER FIRE ASSISTANCE AWARD (VFA) Minnesota DEPARTMENT OF NATURAL RESOURCES Please find enclosed the grant contract for your "Volunteer Fire Assistance" matching grant award. The amount of the grant is indicated on the grant contract under "Consideration of Payment". Start and end dates are found under "Terms of Grant". On page five, please sign, as the Grantee, by two people who are delegated the authority to sign a legal and binding contract. Returned by December 15, 2011 to: Kristie Prahl DNR Fire Center 402 Southeast Eleventh Street Grand Rapids, Minnesota 55744 After the State Agency signs the contract, I will forward a signed copy back to you. If you need to talk with me, my number is (218) 327-4572. Thank you. Kristie Prahl VFA Grant Contract Specialist Kristie.prahl @state. mn. us www.mndnr.gov/grants/ruralfire enc IlffED ON RE www,mnfir.gov AN EQUAL OPPORTUNITY EMPLOYER 0 PAPER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE Vendor # 0000201630 Contract # 32554 PO#3000006916 Speed Chart R2933793X 3000/R2933793/R293211 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division or Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ("State") and LAKE ELMO FIRE DEPT, 3510 LAVERNE AVE N, LAKE ELMO, MN 55042 ("Grantee"). Recitals Under Minn. Stat. 84.085 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money for the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub -grants of any money received to other agencies, units of local government, and private nonprofit corporations; and Minn. Stat. 88.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire fighting entity located in a rural area; and the State is empowered to enter into this grant. 2. The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective date: This grant will cover expenses beginning September 5, 2011, although no payments can or will be made until the grant is fully executed and as date signed by the Minnesota Commissioner of Natural Resource or his delegate under Minnesota Statutes Section 16C.05, subdivision 2. 1.2 Expiration date: Work on this project must be completed on or before June 1, 2012. The State is to be invoiced on or before June 15, 2012 or the contract will be canceled without further notification. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 18. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Complete work specified in the Project Proposal attached hereto as Exhibit A. This Project Proposal shall be a part of this grant. Highest priority is indicated in the office use only box of Exhibit A; however, any of the listed projects or a combination of the listed projects on Exhibit A, may also qualify for this grant with written approval from the State of Minnesota. 2. Insure all equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Report GPS locations of dry hydrants or water facilities constructed under this grant to Kristie Prahl, Rural Fire Programs Assistant, .402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744. Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Grant (Rev. 11/08) Vendor # 0000201630 Contract # 32554 Speed Chart R2933793X )P010000006916 3000/R2933793/R293211 4 Consideration and Payment 4.1 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be paid in the amount not to exceed $1500.00, based on the following computation: The State shall reimburse Grantee for up to 50% of the reasonable net cost of items purchased or expenditures made, in accordance with the approved project proposal. This reimbursement shall not exceed the total amount of this grant. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result- of this grant contract will not exceed $0.00 provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $1500.00; 4.2. Payment . (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion by June 15. 2012. (2) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Volunteer Fire Assistance Program, Title 7, CFDA number 10.664 of the Forestry Stewardship Act of 1990. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee' s failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract Must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Ronald Stoffel, Wildland Suppression Supervisor, DNR Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744, 218-327-4587 or his/her successor, and has the responsibility to monitor the Grantee' s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. Grant (Rev. 11/08) Vendor # 0000201630 Contract # 32554 PO#3000006916 Speed Chart R2933793X 3000/R2933793/R293211 The Grantee's Authorized Representative is the Fire Chief at (651) 770-5006. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a miniinum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights Not Applicable 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 1 2. 1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or Grant (Rev. L 1/08) Vendor # 0000201630 Contract # 32554 Speed Chart R2933793X PO#3000006916 3000/R2933793/R293211 jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Grant (Rev. 11/08) 4 Vendor # 0000201630 Contract # 32554 PO#3000006916 Speed Chart R2933793X 3000/R2933793/R293211 L STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ' 16A.15 and 16C.05. Signed: 3. STATE AGENCY By: (with delegated authority) Title; Date: 9/16/201 I Date: Grant contract No. 32554 Purchase Order No. 3000006916 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: Agency Grantee - LAKE ELMO FIRE DEPT State's Authorized Representative - Photo Copy Grant (Rev. I I/08) 1 I1 1 11 II I II 111 Complete Mail or email to: GRANT PROJECT PROPOSAL Kristie Prahl MN Interagency Fire Center 402 SE 11th Street Grand Rapids, Minnesota 55744 kristie.arahl(&,state.mn.us (218) 327-4572 mil POSTMARKED NO LATER THAN............... JUNE 1 En Fire Department: Lake Elmo Fire Department Official FD Mailing Address: 3510 Laverne Ave. No. City, State, Zip: Lake Elmo, MN 55042 1. Population directly benefiting from the project: 83130 2, Fire Department's protection area (square miles): 32 Name & Title of person filling out form: Greg Malmquist, Fire Chief Telephone: Day: 651-770-5006 Night: Cell: 651-775-1137 Fire Hall: 651-770-5006 gmalmquist@lakeelmo.org e-mail: 3 Number of fire incidents for the previous year: wildland 6 4 Insurance Services Office rating (ISO). 6/9 5. Fill in the estimated total cost of the project(s) with the dollar amount. $ XXXX Wildland Personal Protective Equipment Excess Property Equipment Conversion Wildland equipment Foam unit Slip -on -unit I PUMPS Dry Hydrant or water storage system I Other miscellaneous projects (please describe) Greg Malmquist, Fire Department Chiefs Signature: Chief OFTICE USE ONLY: 'PPROVED UP T /DATE: Modified Project: Exhibit A excluding mutual aid area) structural 6 other 2 Hose, nozzles, water movetnent items Radios/pagers Breathing apparatus Structural Turnout Gear Cascade system Structural Equipment (be specific) Wildland/Structural Leather Firefighting Boots Digilatty Meted by Drepatattequiel. Chief oniaareg Mithmuf Chet netlike Ellie Fire Department, au, emanteanakemiletelaimettennen. einni Dane 2011.04.12 18:12,4e AMP RIORITY IS FOR CONT CT R ApproiTarittate: Date: 4 CITY OF LAKE ELMO BUDGETADJUSTMENT - 2011 DATE: October 4th, 2011 ACTIVITY # 2011-007 DESCRIPTION: Allocate surplus CIP funds from E2 project to leather boot purchase. TYPE OF ACTIVITY: TRANSFER OF FUNDS FROM ACCOUNT # TO ACCOUNT # PURPOSE: BUDGET ADJUSTMENT/DESIGNATION FROM ACCOUNT # PURPOSE: DESIGNATION/NEW ACCOUNT# OTHER AMOUNT: AMOUNT: AMOUNT: $ FROM ACCOUNT # 2011 CIP — Undesignated AMOUNT: $6.640 PURPOSE: Purchase leather turnout boots boots (internal CIP desianation) City Approval: Honorable Dean Johnston, Mayor Bruce Messelt, ?kat inistrator (on Behalf of City Council) (Attest) REQUISITION FOR PURCHASE / REPAIR Department: Equipment and/or Repair Needed: Fire Department Date: her turnout boots Reason for Repair / Replacement upgrade current boots for durability and safety reasons. Mileage/Hour Meter Vendor #1 Name: Price Vendor *2 Name: Price Vendor *3 Name: Price Estimated Costs: Metro Fire $7,400.00 0 her Info Other Info Other Info $ , Phone Phone* Phone* 5/3/2011 Notes: All brands of bootse e ched are carried by only one vendor. Metro is the vendor for Glober. Required Signatures Department Head: City Administrator: Financial Director: Budget Code CIP-Equipment Based on the recommendation of the dept. equipment Capt and a review by the officers of the dept., we would like to move ahead with the purchase of leather turnout/firefighting boots. We have been looking into this change over for many years and until now, we didn't feel that the quality was there yet and it was cost prohibitive. There are several reasons for this change. For the last several years we have been experiencing problems with the quality and durability of the traditional rubber boots we have been using. They also do not offer the fit and support that the leather boots do. The boots we are recommending are certified for structural and wildland firefighting. With the fit and support they offer, we believe we will decrease the chance of slips and falls resulting in firefighter injury that we have experienced in the past. The selection process conducted by the equipment Capt. Involved getting sample boots from four different manufacturers/vendors into the stations. Members from the department tried all the samples on and offered opinions. Neighboring departments that are using leather boots were contacted for feedback. As a result of this research, Globe boots were selected. Globe is the only vendor that offers both men's and women's sizes, not the one size fits all. Globe is the boot of choice for all the departments we contacted and was also recently selected by the JPA in the West Metro. We realize that this is a significant expenditure at $370/pair x 20 pair, but we feel the benefit outweighs the cost. The upfront cost of $7400 will be more than covered by the savings we are predicting on the E2 upgrade project which we believe will come in at approx. a 50% reduction from the $32,000 budgeted. We are also proposing that upon approval of this purchase we would apply for a 50/50 matching grant from the MN DNR. Based on the recommendation of the equipment officer, the officers of the department and the extensive research conducted, I recommend moving forward with this purchase. Chief Malmquist I researched several different boot brands and models. The department looked at Globe's, Lion, Thorogood, and Haix. The hoots that 1 recommend are Globe's. The reasons for choosing globe's are comfort. They also offer men's and women's sizing and fit, which no other boots offer. They also offer pull -on or zippered boots. I have decided on the zippered models because it offers more ankle support and you have less skin exposed. I also like that fact that you can tuck your wild land coveralls into the boots and then zip them up. The pricing for boots are S370.00 per pair and we are looking to buy 20 sets of boots. These boots are recommend for wild land, Structural firefighting, and hazardous incidents. They Offer excellent ankle support and traction. They also offer more warmth than the current boots we have for winter operations. They are the most lightweight are comfortable boot that we tried. They are recommended by other departments that have been using them for years. I recommend that we apply for the DNR grant which is a 50 50 match to help us purchase these boots. ""LAKE ELMO 1 MAYOR & COUNCIL COMMUNICATION DATE: PUBLIC HEARING ITEM #: MOTION 10/4/2011 6 Res. No. 2011-048 AGENDA ITEM: 2010 Street & Water Quality Improvements — Final Assessment Hearing SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administrator, REVIEWED BY: Jack Griffin, City Engineer Tom Bouthilet, Finance Director Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: The Council is respectfully requested to conduct the Final Assessment Hearing for the 2010 Street & Water Quality Improvements. Pursuant to Minnesota Statutes, Section 429, the Council must conduct a final assessment hearing to declare the amounts to be assessed to the benefitting properties. The Council will also present and hear any objections to the proposed assessment, whether presented verbally or in writing. Following the completion of the Public Hearing, the City Council is respectfully requested to consider the following motion: "Move to Approve Resolution No. 2011 — 048, A Resolution Adopting the Final Assessment Roll for the 2010 Street & Water Quality Improvement Project." STAFF REPORT: On September 6, 2011, the City Council approved Resolution No. 2011-35 declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the 2010 Street & Water Quality Improvements. The Project has been completed and the total project costs are known. Pursuant to Minnesota Statutes, Section 429, the Council must declare the amount to be assessed against the benefiting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has enclosed a Final Assessment Roll, as adopted by the City Council. -- page 1— City Council Meeting 2010 Street & Water Quality Inq,. - Final Assessment Hearing October 4th, 2011 Agenda Item # 6 The final assessments for each benefiting property are: • Jane Road North (Concrete Curb): $2,900 per Unit • Isle Avenue North (Concrete Curb): $2,700 per Unit • 53RD Street North (Bituminous Curb): $3,000 per Unit • 57TH Street North (Bituminous Curb): $4,900 per Unit Mailed notice has been provided to each assessed property and notice of the public hearing has been duly noticed. RECOMMENDATION: Based upon the above information, it is recommended that the City Council move to approve the costs to be assessed for the 2010 Street & Water Quality Improvements by undertaking the following action: "Move to Approve Resolution No. 2011 - 048; a Resolution Adopting the Final Assessment Roll for the 2010 Street & Water Quality Improvement Project." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action, If done so, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2011 - 048; a Resolution Adopting the Final Assessment Roll for the 2010 Street & Water Quality Improvement Project [as amended and/or modified at tonight's meeting]." ATTACHMENTS: (2) 1. Resolution No. 2011 - 048 2. Final Assessment Roll SUGGESTED ORDER OF BUSINESS.' Introduction of Item. ...... ....... , ............ .. ..... „.. ........ City Administrator Report.. ..................... ..... , ........... ...... ..,..., ..... . ........ ... City Engineer Questions from Council to staff ....... ......,.. ....... ..... ........ ...Mayor Facilitates Public Hearing ..... .......... ....... ......... Mayor Facilitates Call for Motion ......... ......... .................. ,........ ..... Mayor & City Council Discussion ..... ..... . ............. . ...... ................. ..... , ....Mayo r Facilitates Action on Motion Mayor & City Council -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2011-048 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 2010 STREET & WATER QUALITY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2010 Street & Water Quality Improvements; NOW, THEREFORE, BE IT RESOLVED, I. Such proposed assessment, a copy of which is attached hereto and made a part hereof is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby ,found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable an or before the first Monday in January, 2012, and shall bear interest at the rate of 5.00% percent per annum from the date of the adoption of the assessment resolution, To the first installment shall be added interest 012 the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one ,year on all unpaid installments. 3 The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2011-048 Date: October 4, 2011 CITY OF LAKF ELMO By: Dean A. Johnston Mayor ATTEST: Bruce A. Messelt City Administrator Resolution No. 2011-048 2 FINAL ASSESSMENT ROLL JANE ROAD NORTH NO. NAME 1 THOMAS C SKALBECK 2 RICHARD A & CATHERINE WEIL 3 JUSTIN W & DANA N BLOYER 4 PATRICK M MCALLISTER & DERVAL F HAYES MCALLIST 5 MANFRED E & ANKE RIECHERT 6 WILLIAM W & LOWELLA M STEVENSON 7 STEVEN R & SHAUN M COLLIER 8 MARK A & SHANNON GD HELS 9 JOHN F & VIRGINIA SCHNEIDER 10 WILLIAM F & VALERIE B BRASS 11 JEFFREY P &JOAN M WIEDEN 12 SUZANNE & ROBERT HORNING ADDRESS 8879 JANE ROAD N LAKE ELMO 55042 8880 JANE ROAD N LAKE ELMO 55042 8881 JANE ROAD N LAKE ELMO 55042 8883 JANE ROAD N LAKE ELMO 55042 8884 JANE ROAD N LAKE ELMO 55042 8895 JANE ROAD N LAKE ELMO 55042 8896 JANE ROAD N LAKE ELMO 55042 8903 JANE ROAD N LAKE ELMO 55042 8919 JANE ROAD N LAKE ELMO 55042 8930 JANE ROAD N LAKE ELMO 55042 8955 JANE ROAD N LAKE ELMO 55042 8991 JANE ROAD N LAKE ELMO 55042 PID 0902921110023 0902921110020 0902921110006 0902921110008 0902921110002 0902921110009 0902921110022 0902921110010 0902921110011 0902921110016 0902921110012 0902921110013 TOTAL UNITS AMOUNT 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 1 $2,900 12 $34,800 FINAL ASSESSMENT ROLL ISLE AVENUE NORTH NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 13 14 15 16 NAME DANNY M & GAIL L COLLYARD MARY P & SAMUEL R DINER RICHARD C GUSTAFSON III & JEANNE TREPANIER PAUL & ANNE GELBMANN JOHN & EUGENIA CHERNY DANIEL R & SUZANNE A STARKS KAREN M MAGILL THOMAS W & LINDA L S BOCHE JAMES E & LISA M CIHON CRAIG T & MAUREEN D FALZONE LAURA A EASTMAN & DEBRA K NELSON PHILIP & THERESA LYNN CRAMPTON MICHAELJ & SALLY E MUELLER MICHAELJ & SALLY E MUELLER (DEFERRED) MICHAELJ & SALLY E MUELLER (DEFERRED) THOMAS M & MARY JO JASICKI JAMES A & EILEEN H BLASKO ADDRESS 5011 ISLE AVENUE N LAKE ELMO 55042 5014 ISLE AVENUE N LAKE ELMO 55042 5025 ISLE AVENUE N LAKE ELMO 55042 5034 ISLE AVENUE N LAKE ELMO 55042 5040 ISLE AVENUE N LAKE ELMO 55042 5065 ISLE AVENUE N LAKE ELMO 55042 5072 ISLE AVENUE N LAKE ELMO 55042 5085 ISLE AVENUE N LAKE ELMO 55042 5121 ISLE AVENUE N LAKE ELMO 55042 5124 ISLE AVENUE N LAKE ELMO 55042 5158 ISLE AVENUE N LAKE ELMO 55042 5171 ISLE AVENUE N LAKE ELMO 55042 5200 ISLE AVENUE N LAKE ELMO 55042 5200 ISLE AVENUE N LAKE ELMO 55042 5221 ISLE AVENUE N LAKE ELMO 55042 5180 JAMACAAVENUE N LAKE ELMO 55042 PID 0902921110004 0902921110001 0402921440015 0402921440011 0402921440016 0402921440017 0402921440012 0402921440018 0402921440019 0402921440013 0402921440014 0402921440020 0402921410001 0402921410001 0402921440001 0402921440021 0402921440008 TOTAL UNITS AMOUNT 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 1 $2,700 2 $5,400 1 $2,700 1 $2,700 18 $48,600 FINAL ASSESSMENT ROLL 53RD STREET NORTH NO. 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 NAME JEROD F & SUSUAN C DREIS MARY LOU KERAN DOUGLAS RICHARD & KAREN PEPIN STEVEN 1 & HEIDI MOELLER WILLIAM D & RAE ANN MICHEL ROBERT E & REBECCA L KOHLER GREGG A &JULIE A NIELSEN TIMOTHY & CONSTANCE KERAN KIRBY R &JULIE R SPIKE ROGER C & JERI L STODDARD DARRELL 1 & CONNIE M OMAN EDWARD 1 & VIRGINA HILDEBRANT ROBERTA &JOANNE F LEMONDS WILLIAM J & CHONG H WEINBERGER GERARD T & DEBORAH M COONS REXFORD K & LYNN B CATTANACH DANIELJ &JULIE LHOPKINS JOHN P MEUWISSEN BRUCE R & LEANN M KAUFENBERG CHANG HA & KIMBERLY M CHO 9480 9535 9571 9580 9605 9618 9636 9655 9670 9710 9715 9765 9768 9805 9834 9855 9890 9895 9940 9945 ADDRESS 53rd STREET N LAKE ELMO 53rd STREET N LAKE ELMO 53rd STREET N LAKE ELMO 53rd STREET N LAKE ELMO 53rd STREET N LAKE ELMO 53rd STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 53RD STREET N LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PID 0302921310003 0302921420014 0302921420013 0302921420008 0302921420012 0302921420007 0302921420006 0302921420011 0302921420005 0302921420004 0302921420010 0302921420009 0302921420003 0302921410010 0302921410006 0302921410009 0302921410005 0302921410008 0302921410004 0302921410007 TOTAL UNITS AMOUNT 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 1 $3,000 20 $50,000 FINAL ASSESSMENT ROLL 57TH STREET NORTH NO. 1 2 3 4 5 NAME BRADLEY L & MARCIA A BERGIE GREGORY J STEELE ERIK E & DENISE JOSTES JOHN E & PATRICIAJ JESKA JOHN H & LISA L BURBAN ADDRESS 9481 57TH STREET N LAKE ELMO 9543 57TH STREET N LAKE ELMO 9568 57TH STREET N LAKE ELMO 9605 57TH STREET N LAKE ELMO 9612 57TH STREET N LAKE ELMO 55042 55042 55042 55042 55042 PID 0302921130006 0302921130007 0302921130005 0302921130008 0302921130004 TOTAL UNITS AMOUNT 1 $4,900 1 $4,900 1 $4,900 1 $4,900 1 $4,900 5 $24,500 C TY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: PUBLIC HEARING AGENDA ITEM: Public Hearing: Kindred Court Drainage Correction SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator' REVIEWED BY: Dave Snyder, City Attorney 10/04/2011 7 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to conduct a Public Hearing, as required under Minnesota Statues, Chapter 429, regarding Kindred Court Drainage Improvements, which are expected to be consolidated with the 2011 Street and Water Projects and financed via bond issuance. BACKGROUND INFORMATION: City's Public Works department and the City's Engineer has analyzed drainage conditions near the driveway of 3720 Kindred Court N. and determined that improvements are necessary, cost-effective and feasible, Staff proposes to finance the Improvements by the issuance of General Obligation Improvement Bonds, Series 2011A, This portion of the Improvement is estimated at a cost of not to exceed $44,200. This Improvement is not assessable to any property owners, STAFF REPORT: The Kindred Court Drainage Correction, as an addition to the 2011 Street and Water Project, is proposed to be financed through the issuance of General Obligation Improvement Bonds, Series 2011A. The Bonds are issued under Minnesota Statues, Chapter 429, which requires a Public Hearing, This portion of the Improvement is not assessable to any property owners, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council conduct a Public Hearing under Minnesota Statues, Chapter 429, regarding the Kindred Court Drainage Correction project. ATTACHMENTS: None -- page 1 -- City Council Public Kindred Court Drainage Cnrruobno October 4th, 2011 Regular Agenda Item # 7 SUGGESTED ORDER OF BUSINESS.' .Introduction VfItem/Presentation ........................................................ City Staff Questions from Council to' Staff .............................................. Mayor Facilitates Public Hearing ,,,,.,,,,,.,,,,,,,,,,,,,,~,___._,..,..Mnvor}zacilitatcS Call for Motion ............................................................... Mayor & City Council Discussion ................................................................................ Mayor Facilitates — page 2— CITYQF - LAKE ELMO AyoR & COUNCIL COMMUNICATION DATE: 10/04/2011 REGULAR ITEM #: 8 MOTION Resolution: 2011-044 AGENDA ITEM: Resolution No. 2011-044 Consolidating and Ordering Improvements SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: ' ' Bruce Messelt, City AdministratorN0./\., REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider Resolution 2011-044 Consolidating and Ordering Improvements to the 2011 Street and Water Quality Project. The suggested motion is as follows: "Move to approve Resolution 2011-044 Consolidating and Ordering the 2011 Street and Water Quality Project Improvements." BACKGROUND INFORMATION: The City Council authorized a 5-year Street Improvement Plan in February, 2009. On December 7, 2010 the City Council ordered the preparation of Plans and Specification for the 2011 Street and Water Improvements. At the February 1, 2011 Council Meeting, Council authorized Plans and Specification for 50th Street and Kimbro "Shape and Pave" improvement. STAFF REPORT: On June 6, 2011 the City Council ordered Plans and Specifications for the Kindred Court Drainage Correction as an addition to the 2011 Street and Water Quality Project, Tonight's action will consolidate these projects and allow for financing these Improvements by the issuance of General Obligation Improvement Bonds, Series 2011A, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve Resolution 2011-044 undertaking the following action; "Move to approve Resolution 2011-044 Consolidating and Ordering the 2011 Street and Water Quality Project Improvements." -- page 1 -- City Council Meeting Resolution No. 2011-044 CoiJ1idating and Ordering Improvements October 4th, 2011 Regular Agenda Item # 8 Alternatively, the City Council may elect o table this item or modify the proposed action. If the latter, the suggested motion would be: "Move to approve Resolution 2011-044 Consolidating and Ordering the 2011 Street and Water Quality Project Improvements, as directed [or modified] at tonight's meeting." ATTACHMENTS: 1. Resolution No. 2011-044 SUGGESTED ORDER OF BUSINESS; Introduction of Item ........... .............,.................. ...... ............ City Administrator Report/Presentation .......... ,...„........,......„„.„.....,.......„..........„..Finance 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 -- CERTIFICATION OF MINUTES Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on October 4, 2011, at 7:00 o'clock P. M. at the City Hall in Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO: 2011-044 CONSOLIDATING AND ORDERING IMPROVEMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to the topic of this resolution; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law, WITNESS my hand officially as such recording officer October 2011. City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmernber RESOLUTION NO: 2011-044 CONSOLIDATING AND ORDERING IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the City), as follows: 1, The City has, pursuant to Minnesota Statutes, Chapter 429, undertaken proceedings relating to improvements collectively designated the "2011 Street and Water Quality Improvements," and by resolution adopted on December 7, 2010, has ordered said 2011 Street and Water Quality Improvements. The City has further, pursuant to said statutory provisions, undertaken proceedings relating to improvements collectively designated the "50th Street and Kimbro Avenue Street Improvements," and by resolution adopted on February 1, 2011, has ordered said 50th Street and Kimbro Avenue Street Improvements. 2, The City's Public Works department has analyzed drainage conditions near the driveway of 3720 Kindred Court in the City, and has requested that City engineers prepare plans for the correction thereof (the Kindred Court Improvements). Such engineers have determined that the Kindred Court Improvements are necessary, cost-effective and feasible. 3. The City has, on the date hereof, held a public hearing with respect to the Kindred Court Improvements, pursuant to duly published notice. 4, The City finds that the 2011 Street and Water Quality Improvements, the 50th Street and Kimbro Avenue Street Improvements and the Kindred Court Improvements (collectively, the Improvements) could be more economically completed if consolidated and joined as one project, The City proposes to finance the Improvements by the issuance of its General Obligation Improvement Bonds, Series 2011A. The Kindred Court Improvements are hereby ordered', and the Improvements are hereby consolidated pursuant to Minnesota Statutes, Section 435,56. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 2 cITY TAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 10/04/2011 REGULAR ITEM #: 9 MOTION Resolution: 2011-045 AGENDA ITEM: Confirming Sale, Prescribing the Form and Details and Providing for Payment of $845,000 General Obligation Improvement Bonds, Series 2011A, SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Resolution 2011-045 confirming sale, prescribing the forms and details and for providing for the payment of $ 845,000 General Obligation Improvement Bonds, Series 2011A. the recommended motion is as follows: "Move to approve Resolution 2011-045, confirming sale, prescribing the forms and details, and providing for the payment of the $845,000 General Obligation Improvement Bonds Series 2011A. BACKGROUND INFORMATION: The City Council authorized a 5 year Street Improvement Plan in February, 2009. On December 7, 2010 the City Council ordered the preparation of Plans and Specification for the 2011 Street and Water Improvements. At the February 1, 2011 Council Meeting, Council. authorized Plans and Specification for 50th Street and Kimbro "Shape and Pave" improvement, On June 6, 2011 the City Council ordered Plans and Specifications for the Kindred Court Drainage Correction as an addition to the 2011 Street and Water Quality Project. The 2011 street portion of the plan is nearing completion and funding for the project is being proposed through the issuance of General Obligation Improvement Bonds. STAFF REPORT: The 2011 street portion of the plan is nearing completion and the funding for the project is being proposed through the issuance of General Obligation Improvement Bonds. Proceeds from this bond issue will be used to fund the City's 2011 Street Improvement Projects. The estimated project cost total of $808,500, plus financing costs, results in a financing requirement of $845,000. The attached Set Sale Summary Plan provides details of the bond issuance. -- page 1 -- City Council Meeting Confirming Sale & Prov—i g Payments for $845,000 G.O. Bond October 4th, 2011 Regular Agenda Item # 9 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve Resolution 2011-045 by undertaking the following action; "Move to approve Resolution 2011-045, confirming sale, prescribing the forms and details, and providing for the payment of the $845,000 General Obligation Improvement Bonds Series 2011A. Alternatively, the City Council may further discuss, table or modify the proposed action. If the latter, the suggested motion would be: "Move to approve Resolution 2011-045, confirming sale, prescribing the fornts and details, and providing for the payment of the $845,000 General Obligation Improvement Bonds Series 2011A, as presented [and modified] at tonight's meeting." ATTACHMENTS: 1. Resolution No, 2011-045 2. Finance Plan Summary 2011A SUGGESTED ORDER OF BUSINESS: Introduction of Item ...., ........... ....... .......... ......... „.....„ ....... City Administrator Report/Presentation..,..„....,...„...., ................. ,Paul Donna, Northland Securities Questions from Council to Staff..............................................Mayor Facilitates - Public Input, if Appropriate ......... ......... .............Mayor Facilitates Call for Motion ............. .......... ...... Mayor & City Council - Discussion.... ................. ...... ..... ,....... ....... Facilitates Action on Mayor & City Council page 2 -- CERTIFICATION OF MINUTES RELATING TO $845,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on October 4, 2011, at 7:00 p.m., at City Hall, Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 2011-045 RESOLUTION CONFIRMING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $845,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 2011. City Administrator 10 Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 2011-045 RESOLUTION CONFIRMING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $845,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota (the City), as follows: SECTION 1, AUTHORIZATION AND SALE. 1.01. Authorization. This Council, by resolution duly adopted on September 6, 2011 (the Preliminary Resolution), authorized the issuance and sale of its General Obligation Improvement Bonds, Series 2011A (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475, with proceeds of the Bonds to be used to finance various improvement projects in the City (the Project). 1.2. Ratification of Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. The Preliminary Resolution authorized the officers of the City to negotiate with Northland Securities, Inc. (the "Purchaser") for the sale of the Bonds, to approve the sale of the Bonds in an aggregate principal amount not to exceed $875,000 and to execute a bond purchase agreement for the purchase of the Bonds with the Purchaser, provided that the true interest cost of the Bonds not exceed 3.50%. The sale of the Bonds in the principal amount of $845,000 to NSI at a true interest cost of % for a price of $ , plus accrued interest to the date of delivery, is hereby ratified and confirmed, and the Bonds shall be issued on the terms provided herein. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the fonii and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of October 1, 2011, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from their date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2013 $75,000 2018 $85,000 2014 80,000 2019. 85,000 2015 80,000 2020 90,000 2016 80,000 2021 90,000 2017 85,000 2022 95,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein, provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2012, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the month immediately preceding the Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Bonds maturing in 2019 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2018, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redeiiiption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] 2 [Bonds maturing on February 1, 20_ and 20_ (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20— Year Principal Amount The remaining stated principal amount of such Bonds shall be paid at maturity on February 1, 20 . Term Bonds Maturing February 1, 20-- Year Principal Amount The remaining stated principal amount of such Bonds shall be paid at maturity on February 1, 20_. Notice of redemption shall be given as provided in the preceding paragraph. 2.05. Appointment of Initial Registrar. The City hereby appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Imnroner or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of the principal of and interest on the Bond and for all other purposes, and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charaes, For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. 5 "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof, DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. 6 (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Administrator is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution, In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates, 2.09. Form of Bonds, The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2011A No. R- Interest Rate Maturity Date Date of Original Issue CUSIP No, February 1, 20 October 1, 2011 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS CITY OF LAKE ELMO, State of Minnesota (the City) acknowledges itself to be ,indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 2012 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the 7 principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Northland Trust Services, Inc., Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of $845,000 issued pursuant to a resolution adopted by the City Council on October 4, 2011 (the Resolution), to finance various improvement projects in the City and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2019 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2018, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered holders of any Bonds, at the holders' addresses as they appear on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20 and 20_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-7 Sinking Fund Aggregate Sinking Fund Aggregate - Payment Date Principal Amount _ Payment Date Principal Amount $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attomey duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations, Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes upon all taxable property in the City and special assessments upon property specially benefited by the local improvements financed by the Bonds, which taxes and special assessments will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such special assessments and taxes to its General Obligation Improvement Bonds, Series 2011A Bond Fund for the payment of principal and interest; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the improvements financed by this Bond have been or will be taken according to law; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Lake Elmo, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Administrator, CITY OF LAKE ELMO, MINNESOTA (facsimile signature — Mayor) (facsimile signature — City Administrator) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: NORTHLAND TRUST SERVICES, INC., as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA ......... .......... as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Unifoini Transfers to Minors Act . ......... .... (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. 10 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an igible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A CONSTRUCTION FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Improvement Bonds, Series 201 1A Construction Fund (the Construction Fund), to be held and administered by the City Administrator separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the sum of $ from the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Project until completion and payment of all costs of the Project. The Construction Fund shall be used solely to defray expenses of the 1 1 Project, including but not limited to the transfer to the Bond Fund, created in Section 4 hereof, of amounts sufficient, with other amounts on hand in the Bond Fund, for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Project. Upon completion and payment of all costs of the Project, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements ordered pursuant to Minnesota Statutes, Chapter 429 or any project permitted pursuant to Minnesota Statutes, Section 475.60, as directed by the City Council, and in each case in compliance with the hereinafter -referenced Code, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. SECTION 4, GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A BOND FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Improvement Bonds, Series 2011A Bond Fund (the Bond Fund). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) capitalized interest, accrued interest and unused bond discount, if any, received from the Purchaser upon delivery of the Bonds, (c) any special assessments and taxes collected pursuant to Sections 5 or 6 hereof, except as otherwise provided in Section 3 hereof and (d) any other funds appropriated by the City Council for the payment of the Bonds. The money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The Bond Fund shall be maintained until the City has paid, or made provision for the payment of, all of the principal of and interest on the Bonds. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 1 and ending on the following January 31), as monies are received into the Bond Fund, the City Administrator shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Administrator shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable there from, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 12 In order to ensure compliance with the Code and applicable Regulations (all as defined in Section 8.01 hereof), the Finance Director, upon allocation of any funds to the Bond Fund, shall ascertain the balance then on hand in the Bond Fund. If it exceeds the amount of principal and interest on the Bonds tobecome due and payable through the next following February 1, plus a reasonable carryover equal to 1/12th of the debt service due in the following bond year, the excess shall (unless an opinion is received from bond counsel stating that another use shall not interfere with the tax exemption of the bonds) be used to prepay or purchase Bonds, or be invested at a yield which does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code. SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the Project, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of the Project financed by the Bonds. The City estimates it has levied or will levy special assessments in the original aggregate principal amount of $193,505. It is estimated that the principal and interest on such special assessments will be levied beginning in 2011 and collected in the years 2012-2021 in the amounts shown on Appendix I attached hereto. The principal of the special assessments shall be made payable in annual installments, with interest as established by this City Council in accordance with law on installments thereof from time to time remaining unpaid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Council or by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively come due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate ainounts which, together with the collections of special assessments as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions ofMinnesota Statutes, Section 475.61. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their te -111S by depositing with the Registrar on or before that date an 13 amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of bond counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS: ARBITRAGE MATTERS AND CONTINUING DISCLOSURE, 8,01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. The Project is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non- governmental person relating to the use of the Project, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 8.02. Arbitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 8.03. Arbitrage Rebate. It is hereby found that the City has general taxing powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity 14 bonds) issued by the City and all subordinate entities thereof during the year 2011 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code, If, however, the arbitrage rebate provisions of Section 148(f) of the Code apply to the Bonds, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 8.04, Reimbursement, The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(0(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Project as defined in Section 1.150-24)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 8.05. Oualified Tax -Exempt Obligations. The Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) which will be issued by the City and all subordinate entities during calendar year 2011 does not exceed S10,000,000. 8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds, The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made, If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution, As used in this section, Owner or Bond owner means, in respect of a 15 Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed, The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following infolination at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2011, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies there from and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Economic and Financial Information, Summary of Debt and Debt Statistics and General Information — "Major Employers." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board ("MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in 16 the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Infoimation is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events: (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of Bond holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayrnent of the Bonds, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of 17 applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. • For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D), any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. anner of Disclosure. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term: Amendments: Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of bond counsel to the effect that, because of legislative action or final judicial or administrative actions or 18 proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of bond counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. (3) If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder, This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule, SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County and obtain a ceiiificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Auditor's bond register. 9.02. Authentication of Transcrint. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, bond counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and 19 certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Preliminary Official Statement relating to the Bonds, dated , 2011, prepared and distributed by Northland Securities, Inc., is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and deliver within seven business days from the date hereof a final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 9.04. Pavrnent of Issuance Costs. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Northland Trust Services, Inc. on the closing date for further distribution as directed by Northland Securities, Inc. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the Resolution was declared duly passed and adopted. 20 APPENDIX I City of Lake Elmo, Minnesota General Obligation Improvement Bonds, Series 2011A Payments on Special Assessments Year of Collection Principal Interest 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total 24,019.28 24,019.10 24,018.94 24,019.10 24,018.60 24,019.44 24,018.44 24,018.44 24,019.04 24,018.86 PROJECTED TAX LEVIES Year of Collection Levy 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total WASHINGTON COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Washington County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on October 4, 2011, by the City Council of the City of Lake Elmo, Minnesota, setting forth the form and details of an issue of $845,000 General Obligation Improvement Bonds, Series 2011A, dated as of October 1, 2011 and levying taxes for their payment. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand officially this day of , 2011. Washington County Auditor (SEAL) 4811-0433-025014 9/28/2011 2:24 PM City of Lake El o, Minnesota $845,000 General Obligation Improvement Bonds, Series 2011A Prepared by: NORTHLAND ECURITIES 45 South 7th Street Suite 2000 Minneapolis, MN 55402 612-851-5900 800-851-2920 September 6, 2011 City of Lake Elmo, Minnesota $845,000 General Obligation Improvement Bonds, Series 2011A PURPOSE Proceeds from 'this bond issue will be used to fund public infrastructure improvements related to the 2011 Street, and Water Improvement Projects, the 50th and .Kirribro Avenue :Project and the Kindred Court Drainage Project. The project costs total $808,00,0. To that amount we have added the estimated financing costs to arrive at a total bond issue of $845,000. A detailed illustration of the sources and uses of funds is as follows: Sources & Uses Dated 10/01/2011 I Delivered 10/01/2011 Sources Of Funds Par Amount of Bonds Tutal Sources Uses Of Funds Total Underwriter's Discount (1,960%) Costs ollssuance 201 I Street -and Water 50015Ln:et Kindred court Rounding Amount Total U5es FINANCING $84500000 $845,000.00 16,562.00 19,720.00 483,000.00 281,000.00 44.500,00 218.00 S845,000.00 The estimated principal and interest is illustrated as Exhibit B. The principal is scheduled to be repaid annually over a ten year period 2013 — 2022. Interest will be paid semi-annually beginning on August 1, 2012. The interest estimate is based on an assumed rate of 2.65% The are a general obligation of the City Whereby the City pledges it's full faith and credit to repay the bonds. In addition, special assessments .against benefitted properties will also be pledged to the payment on the Bonds. The principal payment structure is based on the expected assessment revenue stream and a desire to maintain a level debt service levy. We understand special assessments totaling S193,505 will be filed in 2011 over a term of ten years at a rate of 5,00%. The estimated average annual tax levy for the combined projects will be approximately $75,887 at the 105% required level. The summary cash flow analysis detailing the expected assessment revenues and the tax levy component is illustrated in Exhibit B. NORTHLAND Page 2 ECUR1T1L.'S RELATED CONSIDERATIONS Bank Qualified - We understand the City (in combination with any subordinate taxing jurisdictions or debt issued by the City on behalf of any 501c3 corporations) does not anticipate issuing more than a total of $10,000,000 in tax-exempt debt during this calendar year. Therefore the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law, Arbitrage Compliance — o Project / Construction Fund — All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. The rebate exemption the City expects to qualify for is the "small issuer exemption". o Debt Service Fund — The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction in the debt service fund.. The City should become familiar with the arbitrage compliance rules. We are happy to help in this regard. The Bonds will be global hook entry with a hank. designated as the paying agent. As "paperless" bonds, you will avoid the cots of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semiannually and on an annual. basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank, This cost of services has been capitalized into the bond issue. Because this issue is less than $1,000,000, it is not subject to the Securities and Exchange Commission's continuing disclosure requirements. NORTHLAND S1CUR1T1ES Page 3 Summary of Recommended Te is: . Type of Bond Sal.e 2, Pricing 3, Council Consideration 4. Statutory Authority 5. Repayment Term 6. .Secu 7. Prepayment Feature Negotiated Sale with Northland Securities Wednesday, September 14, 2011 Tuesday, September 20, 2011 The Bonds are being issued pursuant "to Minnesota Statutes 429 and 475. TheBonds will mature annually each February 1, 2013 - 2022 Interest on the Bonds will be payable on August 1, 2012 and semiannually thereafter on each February '1 and August 1. General obligation pledge of the City. The City expects to fund debt service from a combination of special assessments and property tax collections. The Bonds maturing.on or after Februaryl, 2019 will be.subject to prepayment on February 1, 2018 and any day thereafter at a:price of -par -plus accrued interest. 8. Tax Status Tax exempt opinion:provided by Dorsey .& Whitney, LLP 9. Credit Rating The City currently has a Moody's Investor Services "Aa2" rating on their outstanding general obligation bonds. We believe a credit rating will be cost effective therefore, we recommend the City apply for a credit rating on this issue. Page 4 NORTHLAND S;CURITIES EXHIBIT A Debt Service Schedule Date Principal Coupon Interest Total P 41 Fiscal Total 10/01/2011 - • 08/01/2012 13,575.00 13,575,00 02/01/2013 75,000.00 0.600% 8,145.0n 83,145,00 96,720.00 08/01 /201 3 7,920.00 7,920.00 02/01/2014 80.000.00 0.850% 7,920,00 87,920.00 95,840.00 08/01 /2014 7,580,00 7,580,00 02/01/2015 80,000.00 I.100% 7,580.00 87,580,00 95,160.00 08'01 /2.01 5 7,140,00 7,140,00 02/01 /2016 80.000,00 1,400% 7,140.00 87,140.00 94,280.00 08101/201 6 6,580,00 6,580.00 02/01/2017 85,000.00 1,750% 6,580.00 91,580.00 98,160.00 08/01/2017 5,836.25 5,836.25 02/01/2018 85,000.00 2.100% 5,836.25 90,836.25 96.672,50 08/01/2018 4,943.75 4,943.75 02/01/2019 85,000,00 2.400% 4,943.75 89,943.75 94,887.50 am /2019 3,923.75 3,923.75 02/01a020 90,000,00 2,650% 3,923.75 93,923.75 97,847.50 08/01a020 2,73125 2,731.25 02/01 /2021 90,000,00 2.850% 2,731.25 92, 73 1,25 95.462.50 08d0 1 /2021 - 1,448.75 1,448.75 02/01 /2022 95,000,00 3,050% 1,448.75 96.448.75 97,897.50 Total $845,000.0 0 - 5117,927.50 $962,927.50 Yield Statistics Bond Year Dollars Average Lire Average Coupon Net Interest Cost (NIC) True Interest Cost (11C) All Inclusive Cost (Ale) $5,0/16.67 6,020 Years 2.31 83650"to 2.6439613% 2.6557205% 3.0941703% NO RT H LAN . ;CURIT1 ES Page 5 EXHIBIT B Revenue vs Less: Equals: Scheduled Assessment Levy Collection Payable Date P+I Revenues* Clty Levy las% Levy Year Year Year 02/01/2012 02/01/2013 96,720.00 24,019.28 72,700.72 76,335,76 2011 2012 2013 02/010114 95,840.00 24,019.10 71,820.90 75,411.95 2012 2013 2014 02/01 /2015 95,160.00 24,018,94 71,141.06 74,698.11 2013 2014 2015 02/01 /2016 94,280,00 24,019.10 70,260.90 73,773.95 2014 2015 2016 02/01/2017 98,160.00 24 ,0 1 Ei..60 74,14 1.40 77,848.47 2015 2016 2017 02/01 /2018 96,672,50 24,019.44 72,653.06 76,285,71 2016 2017 2018 02/01t201 9 94,887.50 24,018.44 70,869.06 74,412.51 201.7 2018 '2019 02/01 /2020 97,847.50 24,018,44 73,829.06 77,520.51 2018 2019 2020 02/01 /2021 95,46250 24,019.04 71,443.46 75,015,63 2019 2020 2021 02./0112022 97,897.50 24,018,86 73,878.64* 77,572,57 2020 2021 2022 Total $962,927.50 .$240,189.24 $962,927.50 *Assumes assessments filed in 2011 for $193,505 for at term.of 10 years et- rat rate of5.00%. NORTHLANI: t, ,E 'URITIES Page 6 crryoF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/04/11 REGULAR ITEM: 10 PUBLIC HEARING MOTION Res. No. 2011-042 AGENDA ITEM: Platted Road Right -of -Way Vacation Request and Rededication of Applicable Easements SUBMITTED BY: Kelli Matzek, Planner THROUGH: Kyle Klatt, Planning Director REVIEWED BY: Bruce Messelt, City Administrato Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is asked to consider a request from Alan and Ralea Kupferschmidt, 2769 Legion Avenue North to vacate a publicly dedicated road right- of-way adjacent to the applicant's property, Lot 9, Block 2 of the Myron Ellman Subdivision, The applicant has requested this vacation and has proposed dedicating easements back to the City for access and maintenance of existing infrastructure in that area. The applicant is interested in vacating this dedicated right-of-way because their property is considered a corner lot, due to the unimproved right-of-way, and is, therefore, subject to a 25 foot setback from the south property line. The property owner's existing screen porch is only 17 feet from that property line (the home is 25 feet) and they have expressed an interest in expanding this structure towards the unimproved street right-of-way. With the current configuration of the lot and street right-of-way in this location, the proposed expansion cannot proceed without either a variance or a vacation of the street, as presently requested, Due to the city infrastructure located within the area proposed for vacation,and other reasons stated in the attached report, the City Engineers are recommending against the vacation. The Public Works Department, who utilize this site almost daily, have also expressed concern in vacating this platted right-of-way. In addition, the applicant could still pursue a variance to expand the porch, should the right-of-way not be vacated by the City. Given the concerns expressed by various City Departments, Staff is recommending against vacating this property via the following motion: "Move to adopt Resolution No. 2011-42 denying the vacation of a dedicated right-of- way south of Lot 9, Block 2, Myron Ellman Subdivision" -- page 1 -- City Council Meeting Public He g - Kupferschmidt Right -of -Way Vacation October 4th, 2011 Regular Agenda Item # 10 BACKGROUND INFORMATION: The unimproved, but dedicated road right-of-way was platted to the west and east borders of the Myron Ellman Subdivision in 1969. At that time, the land to the east was not developed, but by dedicating that right-of-way, it left open the possibility of a future connection. Since that time, the property to the east was developed as an Open Space Preservation neighborhood — Heritage Farms — and no connection was made to this unimproved right-of-way. Instead, the City has utilized this land as an access to an otherwise landlocked property used as a community septic system (201 system). Because various City Departments have expressed concern regarding the vacation of the right-of-way for various reasons, including necessary setbacks for infrastructure and unknown future access needs to the City -owned, landlocked parcel, Staff is recommending denial of the applicant's request as submitted, Please note that, prior to taking action on a request to vacate a road right-of-way, the City Council must conduct a public hearing in accordance with State Statutes. Notice of a public hearing has been published in the local newspaper and was mailed to all property owners within the Myron Ellman Subdivision as well as property owners adjacent to the land proposed for vacation. Under Minnesota State Statutes, a municipality may vacate public rights -of -way when it can be found that there is no longer any public interest in retaining said right-of-way. In this case, Staff is suggesting that there is still a substantial public interest in maintaining the existing platted 12th Street right-of-way for the following reasons: • There is a significant amount of infrastructure installed within this right-of-way, including a lift station, pipes leading to the drainfield to the east, and a paved turn -around area. • The 12th Street right-of-way is the City's only access to the public drainfields located to the east of the applicant's property. • Although the granting of an easement could maintain the City's existing rights to utilize the right-of-way property, it would also eliminate any required setbacks to this easement, Any potential buildings constructed close to this easement could greatly limit (or raise the cost of) the City's ability to do future work within the right-of-way. RECOMMENDATION: Based upon the above background information and findings documented in the attached Resolution No. 2011-42, it is recommended that the City Council deny the request to vacate the existing right-of-way south of Lot 9, Block 2 of the Myron Ellman Subdivision via the following motion: "Move to adopt Resolution No. 2011-42 denying the vacation of a dedicated right-of- way south of Lot 9, Block 2, Myron Ellman Subdivision" Alternatively, the City Council may table this item or consider approval of the request. if it can make findings that the proposed vacation and rededication of an easement is in the public interest. If the latter, it is recommended the City Council direct staff to prepare a Resolution approving the requested vacation for future Council action via the following motion: --page2-- City Council Meeting Public Hearing - Kupferschrnidt Right -of -Way Vacation October 4th, 2011 Regular Agenda Item # 10 "Move to direct City staff to prepare a Resolution approving the proposed Vacation for future Council consideration, based upon the findings offact presented and discussed tonight." ATTACHMENTS: 1. Engineer's Report 2. Resolution No. 2011-42 - Denial 3. Applicant's Submittals a. Application Form b. Petition of Neighbors c. Right -of -Way and Replacement Easement Descriptions (to be vacated and proposed) 4. Map of Right -of -Way to be Vacated SUGGESTED ORDER OF BUSINESS; Introduction of Item/Presentation ...... .................. ..... .„ City Administrator/Staff 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 3 To/ KeIll Matzek, City Planner [C, Kyle K|ott, Planning Director Jack Griffin, P.E.,City Engineer From: Ryan Stempski, P.E. ENGINEERING, inc. Cara GehewnP.E. Jack Griffin, P.E. Ryan Stempski, P.E. s��0.426z 6s�00,4264 651.300.,4267 RE: City pfLake Elmo StreetVacation Review Petition by 2769 Legion Avenue N. We have reviewed the application for a Twelfth Street R/W Vacation Petition located on the south end ofLegion Avenue North. The petition was submitted bythe property owner etZ768Legion Avenue North, The application included a legal description and drawing of the proposed Street Vacation, The engineering department recommends denial of this request for the fcvllowlnR reasons: 1> Protection of city infrastructure for public health and safety. There is a significant amount of public infrastructure Installed within this right-of-way (F/VV), including a lift station, newer forceroa|n, ounnectingvvatennaln, and paved turn -around area.''This R/VV is critical to access, maintain, improve, and ultimately replace City assets. Z\ Although the granting of an easement could maintain the City's existing rights to utilize the right- of-waypruperty it would also eliminate any required setbacks to this easement or may prohibit any future use or expansion of these facilities. Any potential buildings constructed close to this easement could greatly limit (or raise the cost of) the City's ability to do future work within the r)eht'of-xxay. 3) Twelfth Street R/W is currently the only public access to the adjacent City Drainfield located directly tothe east ofthe Myron E|bnonsuhdivioion. Removing the current R/VVmay reduce or STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2011-42 A RESOLUTION DENYING VACATION OF A PLATTED RIGHT-OF-WAY AND DEDICATION OF A NEW EASEMENT SOUTH OF LOT 9, BLOCK 2 OF THE MYRONELLMAN SUBDIVISION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received a request for a Right -of -Way Vacation from Alan and Ralea Kupferschmidt, 2769 Legion Avenue North, to remove the existing road right-of-way and to replace it with an easement to the City; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the existing road right-of-way south of Lot 9, Block 2 of the Myron Ellman Subdivision, described as follows: That part of Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB- DIVISION, Washington County, Minnesota which lies easterly of the southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION. WHEREAS, an associated request has been made to the City Council to dedicate a new drainage and utility easement in replacement of the proposed right-of-way dedication, described as follows: An easement for drainage and utility purposes over, under and across that part of vacated Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota which lies easterly of the southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION. WHEREAS, an associated request has been made to the City Council to dedicate a new access easement in replacement of the proposed right-of-way dedication, described as follows: An easement for access purposes over and across that part of vacated Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota which lies easterly of the southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION. WHEREAS, the City Planner reviewed and examined the signatures on said request and determined that such signatures constituted the majority of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public hearing to consider the vacation and rededication of the drainage and utility easement and access easement was held on the 4' day of October 2011 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within Myron Ellman Subdivision by the City Planner on the 22nd September, 2011 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the vacation will not benefit the public interest because: 1) The proposed vacation would limit the potential future uses for City. 2) The property proposed for vacation is the only dedicated access to a land -locked piece of property owned by the City. 3) The City Engineers have expressed concern regarding the potential impact of a reduced or eliminated setback to the City infrastructure located in that area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing right-of-way and dedication of a new drainage and utility easement and access easement is hereby denied in accordance with the property descriptions provided above. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 4th day of October 2011, Effective Date: Dean A. Johnston, Mayor Brett Emmons, Council Nicole Park, Council Steve DeLapp, Council Anne Smith, Council AYES NAYS Approved: Dean A. Johnston, Mayor Attested by: Bruce Messelt, City Administrator City of Lake Elmo DEVELOPMENT APPLICATION F Fee IV1 E Comprehensive Plan Amendment E Zoning District Amendment E Text Amendment E Flood Plain C.U.P. Conditional Use Permit .Conditional Use Permit C.U.P.) APPLICANT: I1L1N (Name) TELEPHONES: 65/- 7 (Home) FEE OWNER: TELEPHONES: (Name) (Home) PROPERTY LOC 7 - Variance (See below) El Minor Subdivision E Lot Line Adjustment Residential Subdivision Sketch/Concept Plan El Site & Building Plan Review CLAN/dr- (Mailing Address) / 21275i] ( rk) (Mailing Address) (Work) Address and Complete 5c0 C/t DETAILED REASON FOR REQUEST: 4 040 3 4-1//// .41F zo7? *VARI E E UESTS: As outlined in Section 301.060 C. ofthe Lake Elmo Municipal Code, the Applicant must demon ate a hardship before a variance can be granted. The hardship related to this applicatiows: (Mobile) (IViobile) Description .4e_2 Residential Subdivision Preliminary/Final Plat 0 01 — 0 Lots 0 11 — 20 Lots 0 21 Lots or More T Excavating & Grading Permit Appeal E PUD 4.,:thkr>53, (Zip) (Fa) (Fax) (Zip) 04) aft)7/9 Fr/ 9c-5.f /.)/Se 7747-Z TIE ii)7)649-46 S L' —9 am In signing this appIication f hereby acknowledge that I have read and fully understand the a plicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further ackno diI1ee6ielinlanation ds outlined in the application procedures and hereby agree to pay all statements received from the Citv-p—e'rt—aiiiirirtntl----: additional apn1icatiorvx Signature of Appl 10/1/2003 Date of Applicant City of Lake Elmo • 3800 Laverne Avenue North • Lalcc Elmo • 55042 651-777-5510 • Fax 651-777-9615 My name is Alan Kupferschmidt, and I live at 2769 legion ave n in lake Elmo , I am taking down a old three season porch and have applied for a building permit. To build a four season porch. There is a old street easement that will never be, which is causing trouble with are building permit there is a 24 ft set back from street easement. We are requesting a street vacation by resolution, I am petitioning for this. Will you sign in support. This means there will never be a street built. -PO c-)67 c) / 0 7 23 September 2011 To the city of lake Elmo, This is description of the street that is the cause, of are building permit on hold, The street is called twelfth st on and old map, this is located between lot 0001 and 0017 my house 2769 legion ave n. I have petition to have the street vacated by resolution and abandon. The street is also by 0027, this street bas never been develop or never will be. I have petition to have the street vacated by resolution and abandon, This will free up any trouble with other home owners, on the sale of there house, or building permits. Thank you Alan Kupferschmidt TREET 'VACATION (PROPOSED STREET VACATION) That part of Twelfth Street as dedicated on the plat of MYRON ELLM4N SUB-D[V|S|ON. Washington County, Minnesota which lies easterly of the southerly extension ofthe west line nfLot 9. Block 2, said wYKONELUNAN SUB -DIVISION, (PROPOSED EASEMENT) Aneasement for drainage and utility purposes over, under and across that part ofvacated Twelfth Street as -dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota which lies easterly of the southerly extension ofthe west line of Lot 8. Block 2. said MYRON ELLMAN5UO-D|V|S|0N. (PROPOSED EASEMENT) An easement for access purposes over and across that part of vacated Twelfth Street as dedicated on the plat of MYKDN [LLMANSUB-U|V|S0N,Washington County, Minnesota which lies easterly of the southerly extension of the west line of Lot Q. Block 2, said w\YRON BLLK4AN SUB -DIVISION. ' PROPOSED STREET VA[AT|OM `-' ` TWELFTH ST / PROPOSED [)RA|NACE&-�=�--' UT|L|TYEAGEMENT � `' `r 2769 LEGION AVE. N | ` L J PROPOSED .. ACCESS EASEMENT /`-5OUYH LNE OF LOT q j TWELFTHST ` \ /--SOUTH LINE OF THE \/ PLAT OF NYRDN ELLMAN 5U8-0|YI51Om �2' l"=S(7 0 • 92, _ b1A70— .927.7 \ 123 —� rpa9x1125°13DD2 m LEGION POND MtNN DNR DIV OF WATERS aOTED WETLANDS AREA 92.492W 927.3 + 920.0 Mir « 927.6 AV * 931.E r,., * 933.4 24-O2t 3-O 8 • 923.0 927.4 • e2s.11 THIS DA.AWWG IS THE RESULT OF A COMPILATION AND REPRODUCTION Of LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COUNTY OFFICES. WASHINGTON COUNTY IS NOT REEPONSISLE FOR ANY' UGICCURACIES. PROPERTY LINES AS SHOWN ARE FOR REFEREACE PURPOSES AND MAY NOT REPRESENT ACTUAL LOCATIONS. MAP LAST UPDATED: M9+ch 31, 2001 NO ADDMONAL CHANGES HAVE BEEN REPORTEDTO DATE DATE OFPNOTOORAPHY: Apd, 2000 CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/04/2011 REGULAR ITEM #: 11 PUI3LIC HEARING MOTION Res. No. 2011;046 AGENDA ITEM: DELINQUENT SURFACE WATER UTILITIES SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Cathy Bendel, C & J Consulting SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct a Public Hearing and, upon its completion, affinnatively consider approval of Resolution 2011-046, authorizing certification to the Washington County Auditor for unpaid surface water Utility bills. The recommended motion to act on this is as follows: "Move to approve Resolution 2011-046, authorizing certification to the Washington County Auditor for unpaid surface water utility bills." BACKGROUND INFORMATION: The City of Lake Elmo has the authority by, Minn. State Statue 444.075, subd.3 and City Ordinance to assess property owners for unpaid surface water utilities and services. Affected homeowners with past due balances were sent notification of the proposed assessment. A Notice of Public Hearing for unpaid surface water utilities was published in the Oakdale/Lake Elmo Review on September 28, 2011. Homeowners will have until October 14, 2011 to pay the balance without additional fees. STAFF REPORT: The City operates the water, sewer and surface water under its Enterprise funds. Enterprise funds account for specific City operations that are financed and operated similar to a private business. Generally, the services are provided to identifiable beneficiaries, as well as the general public, and all or most of the costs come from user's fees. The user feeds collected are utilized to operate the City's respective water, sewer and surface water systems. The certification process to assess property owners, listed on exhibit A (attached), for unpaid services will assure collection of charged fees. The deadline to certify the unpaid surface water utility to the County is October 15, 2011. -- page 1 -- City Council Meeting Public Hearing - Delinquent Surface Water Utilities October 4th, 2011 Regular Agenda Item # 11 RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council authorize certification to the Washington County Auditor by undertaking the following action: "Move to approve Resolution 2011-046, authorizing certification to the Washington County Auditor for unpaid surface water utility bills." Alternatively, the City Council may further discuss, table or modify this item, If the latter, the suggested motion would be: "Move to approve Resolution 2011-046, authorizing certification to the Washington County Auditor for unpaid surface water utility bills, as presented [and modified] at tonight's meeting," ATTACHMENTS: 1. Resolution 2011-046 2. Exhibit A 3. Public Notice Hearing, September 28, 2011 SUGGESTED ORDER OF BUSINESS: Introduction of Item .....„......,.........,.......,....... ................ ....... City Administrator Report/Presentation ........ „,.....,.....,........ ............ ....... .......... Finance Director Questions from Council to Staff Mayor Facilitates Public Hearing ....,...„„ ..... ,........... ................... , ...... ,.......„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 RESOLUTION NO. 2011 — 046 RESOLU HON AUTHORIZING CERTIFICATION TO WASHINGTON COUNTY AUDITOR FOR UNPAID SURFACE WATER UTILITY BILLS WHEREAS, Minn, Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1, The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made a part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, and one installment with interest as provided in Exhibit A, 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The Deputy Clerk shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED, by the Lake Elmo City Council on the 4th day of October, 2011, Dean Johnston, Mayor ATTEST: Bruce Messelt, City Administrator City of Lake Elmo 2011 Proposed Assessment Roll As of 9/30/2011 EXHIBIT A Billing Address Amount Fee Total P1D 796 LARPENTEUR AVE 413,55 25,00 438.55 302921220002 796 LARJ'ENTEUR AVENUE 63.82 25.00 88.82 302921220005 5222 KEATS AVENUE N 92.24 25.00 117.24 302921430002 5222 KEATS AVENUE N 102,12 25,00 127.12 302921440003 8465 DEMONTREVILLE TRAIL N 221.33 25.00 246.33 402921130002 10472 STILLWATER LANE N 116.19 25.00 141.19 1402921310001 10350 STILLWATER LANE N 136.14 25,00 161.14 1402921310002 10350 STILLWATER LANE N 542,65 25,00 567.65 150292 1410001 10472 STILLWATER LANE N 343.92 25.00 368.92 1502921420004 1011210TH STREET N 25.51 25.00 50.51 2602921330004 12415 55TH STREET N 165.00 25,00 190,00 102921 130003 12415 55TH STREET N 165.00 25.00 190.00 102921140002 12415 55TH STREET N 165,00 25.00 190,00 102921 140003 1696 IVY AVE N 156,73 25.00 181.73 2802921110003 11330 SOTH STREET N 165.00 25.00 190.00 102921340002 5414 LAKE ELMO AVENUE N 165.00 25.00 190.00 202921410009 5760 KIRKWOOD AVENUE N 165,00 25.00 190.00 202921420003 9918 59TH STREET COURT N 165.00 25.00 190.00 302921110021 9605 57TH STREET N L22.65 25.00 147,65 302921 130008 9990 IUCHMOND AVE 0400 S 82.50 25,00 107,50 302921 130014 9873 55TH STREET N 115.50 25.00 140.50 302921 140010 9696 55TH STREET N 122,65 25.00 147.65 3029212100(14 5427 JAMACA AVENUE N 165.00 25.00 190.00 302921320018 622 CALLE WEIALOO 165,00 25.00 190.00 302921320020 . 9765 53RD STREET N 88,00 25.00 113.00 302921420009 9548515T STREET N 88,00 25.00 113.00 302921430010 9884 51ST STREET N 122.65 25,00 147,65 302921440011 8648 DEMONTREV1LLE N 123,75 25,00 148,75 402921120014 841059TH STREET N 165.00 25,00 190,00 402921210011 8390 S9TH STREET N 88.00 25.00 113.00 402921210012 835059TH STREET N 21.67 25.00 46.67 402921210014 3521 SETTLERS WAY I 65.00 25.00 190.00 4.02921230016 8036 so-n-1 STREET N 13.85 25,00 38.85 402921330015 8076 HILL TRAIL N 165.00 25.00 190.00 402921330038 PO BOX 165 165,00 25.00 190.00 402921330051 5850 HYTRAIL AVE N 88.00 25.00 113.00 502921 110011 5480 HIGHLANDS TRL N 165.00 25.00 190.00 502921 130004 7970 DEMONTREVILLE TRL N 165.00 25.00 190.00 502921140006 5431 HILLTOP AVE N 88,00 25,00 113.00 502921420022 773050TH ST N 88 00 25.00 113.00 502921430002 14810 30TH STREET N 165.00 25.00 190,00 602920220001 5651 MANNING AVE N 165,00 25.00 190.00 602920230001 12404 MARQUESS WAY N 122.65 25.00 147.65 602920310016 12362 MARQUESS WAY N 68.75 25.00 93.75 602920310018 12497 MARQUESS WAY N 66,00 25.00 91.00 602920310034 12521 MARQUESS WAY N 88.00 25.00 113,00 602920310035 5091 MARQUESS TRL CIR N 122,65 25,00 147.65 602920320057 5049 MARQUESS TRL CIR N 122.65 25.00 147.65 602920330023 4596 LILAC LN 165.00 25.00 190.00 7029202.30012 5011 ISLE AVE N 88.00 25.00 113,00 902921110004 4990 JAMACA AVE NO 165.00 25,00 190,00 902921110019 8554 HIDDEN BAY TRL N 122.65 25,00 147,65 902921 130001 23995 HINTON AVE 165.00 25.00 190.00 902921130004 8027 N 50TH ST 165.00 25.00 190.00 902921220014 8027 N 50TH ST 14,05 25.00 39.05 902921220023 8450 HIDDEN BAY TRL N 122,65 25.00 147,65 902921240003 4385 JACK PINE TRL. N 122,65 25.00 147,65 902921310009 8206 DEER POND TRL. IN' 165,00 25.00 190,00 902921320003 8162 HIDDEN BAY TRL 165.00 25,00 190,00 902921320026 4415 OLSON LAKE TRAIL. N 158.90 25.00 183,90 902921320031 8234 39TH STREET N 122.65 25.00 147,65 902921330001 8340 LAKE JANE TRL 122.65 25.00 147,65 902921340008 8690 LAKE JANE TRL N 122.65 25.00 147,65 902921420014 4150 IRISH CT 165.00 25.00 190,00 902921430018 8625 42ND STREET N 88.00 25.00 113.00 902921430025 4033 ISLE AVENUE N 71.50 25.00 96.50 902921440014 4120 ISLE AVENUE N 88,00 25.00 113.00 902921440026 9330 JANE COURT N 14.87 25,00 39,87 1002921210007 9477 JANE ROAD N 165,00 25.00 I 90.00 10(12921240012 9404 LAKE JANE TRAIL N 88.00 25.00 113.00 1002.921240014 3124 HUMBOLDT AVENUE S 23.91 25.00 48.91 1002921430005 3124 HUMBOLDT AVE S 122.65 25.00 147.65 1002921410003 10133 47TH STREET N I 65.00 25.00 190,00 1102921230003 4424 KIM BRO AVE N I 65.00 25.00 190.00 1102921310002 4258 KINDRED WAY 122.65 25.00 147,65 1102921310010 4037 KINDRED WAY 88.00 25.00 113.00 1102921340012 3580 LINDEN AVE 68,75 25.00 93,75 1102921340026 4227 KIRKWOOD LN N 122.65 25,00 147,65 1102921420008 4835 LILAC PL N 88.00 25.00 113,00 1202921110020 4943 LILAC WAY N 88.00 25.00 113.00 1202921110030 ONE VETERANS DR /173 165.00 25.00 190,00 1202921120017 4938 LILY AVE N 88.00 25.00 113,00 1202921120020 1311 50TH ST N 122,65 25.00 147,65 1202921210003 4779 LAKE ELMO AVE 122,65 25.00 147,65 1202921220005 11857 44TH ST LN N 122,65 25,00 147.65 1202921410019 11820 LITTLE BLUESTEM CT N 88.00 25.00 113,00 1202921410030 11598 44TH ST IN 122.65 25.00 147,65 120292142010 9 4488 LILY AVE N 122.65 25.00 147,65 1202921420024 4442 LILY AVE N 122.65 25.00 147,65 1202921420026 4354 LITTLE BLUESTEM TRL N 122.65 25.00 147.65 1202921420038 11912 STILLWATER BLVD 165.00 25,00 190.00 1202921440002 3699 LAVERNE AVE N 165.00 25.00 190.00 1302921230008 PO BOX 180 165,00 25.00 190.00 1302921230(156 3624 LAYTON AVE N 165,00 25,00 190,00 1302921240005 11008 32ND STREET N 10.68 25.00 35.68 1302921320075 3258 LAKE ELMO AVE 165.00 25,00 190.00 1302921320084 PO BOX 166 122,65 25,00 147.65 1302921320089 3010 LISBON AV E,NUE N 165.00 25.00 190.00 1302921430007 3030 LISBON AVENUE N 88,00 25,00 113,00 1302921430009 3778 KINDRED COURT N 165,00 25.00 190.00 1402921210013 10032 STILLWATER LANE N 24.81 25,00 49.81 1402921320006 10902 33RD STREET LANE N 88,00 25,00 113,00 1402921410016 10961 32ND STREET N 88.00 25,00 113,00 1402921440010 10949 32ND STREET N 105,00 25,00 130,00 1402921440011 10941 32ND STREET N 122.65 25.00 147.65 1402921440012 3733 JAMACA AVENUE N 10.32 25.00 35.32 1502921220002 3733 JAMACA AVENUE N 10,48 25,00 35.48 1502921220005 9089 JAM ACA COURT N 16.27 25.00 41.27 1502921320003 9089 JAMACA COURT N 128.70 25,00 153.70 1502921320022 8708 INDIAN BLVD S 122 65 25.00 147.65 1502921320031 9260 31ST STREET N 14.67 25.00 39.67 1502921330017 3030 JANERO AVENUE N 122,65 25.00 147.65 1502921330027 2994 JAMLEY AVENUE N 88.00 25.00 113.00 1502921330039 9260 31ST STREET N 165.00 25.00 190,00 1502921340002 9495 STILLWATER BOULEVARD 122,65 25.00 147.65 1502921340000 9447 STILLWATER BOULEVARD 122.65 25.00 147.65 1502921340007 8321 38TH STREET N 165.00 25,00 190.00 1602921210012 8110 38TH STRF,E1'N 165.00 25.00 190,00 1602921220030 3033 INWOOD AVENUE N 88,00 25.00 113.00 1602921430010 8659 STILLWATER BOULEVARD 165,00 25.00 190,00 2102921120004 8659 STILLWATER BOULEVARD 165.00 25,00 190,00 2102921120007 8748 IRONWOOD TRAIL N 122.65 25.00 147,65 2102921120038 8655 27TH STREET N 88.00 25.00 113,00 2102921130002 8685 27TH STREET N 122.65 25.00 147,65 2102921 130004 3555 WILLOW LAKE BOULEVARI 122.65 25,00 147.65 2102921210023 2841 IMPERIAL AVENUE N 88.00 25.00 113,00 2102921220009 2580 IMPERIAL AVENUE N 88,00 25.00 113,00 2102921230007 8154 26TH STREET N 122.65 25.00 147,65 2102921230013 2621 INNSDALE AVENUE N 165.00 25.00 190,00 2102921240006 8180 21ST STREET N 88,00 25.00 113.00 2102921330014 2809 JAMLEY AVENUE N 165.00 25.00 190,00 2202921220014 2035 COUNTY ROAD D EAST SUI' 88,00 25.00 113,00 2202921230012 2769 LISBON AVENUE COURT N 88.00 25.00 113.00 2402921110012 10746 MANNING Tn. CT N 122.65 25.00 147.65 2402921210009 11407 24T1-! STREET COURT N 122.65 25.00 147.65 2402921310004 11108 I 2TH STREET N 105,00 25.00 130.00 2502921330005 PO BOX 882 77.00 25.00 102.00 2602921110001 1756 LAKE ELMO AVENUE N 165.0D 25.00 '190.00 2602921110002 10072 I OTH STREET N 165.00 25.00 190.00 2602921330001 10112 10TH STREET N 165.00 25,00 190.00 2602921330002 4505 WHITE BEAR PKWY 61400 165.00 25.00 190,00 2702921340005 4505 WHITE BEAR PKWY 01400 122.65 25.00 147.65 2702921420004 9654 WHISTLING VALLEY ROAD 165,00 25.00 190.00 2702921420013 9634 WHISTLING VALLEY ROAD 82,50 25.00 107.50 2702921430010 9155 16TH STREET N 82.50 25.00 107.50 2802921130012 1625 IVY AVE N 122.65 25.00 147.65 2802921140008 820 JEWEL AVE 82.50 25,00 107.50 3402921120004 9106 9TH ST N 122.65 25.00 147.65 3402921220002 605 JULEP CE N 928 LAKE ELMO AVE N 10699 I0TH STREET N 760 LAKE ELMO AVE N 10483 IOTH STREET N 220 LAKE ELMO AVE N 5412 LAKE ELMO AVE N 12415 55TH ST N 971 SIBLEY MEMORIAL FIWY 12415 55TH ST N 12415 55TH ST N 971 SIBLEY MEMORIAL HWY 12415 55TH STREET N 12415 55TH ST N 11693 56TH STREET N 5734 LILY AVE N. 4828 BALD EAGLE AVE 4828 BALD EAGLE AVE 4828 BALD EAGLE AVE 8950 LAKE JANE TRL N 971 SIBLEY MEMORIAL HWY 4828 BALD EAGLE AVE 2507 PRAIRIE OAK TRAIL 8950 LAKE JANE TRL N 8950 LAKE JANE TRL N 971 SIBLEY MEMORIAL HIGH WA 8950 LAKE JANE TRL N 8950 LAKE JANE TRL N 11771 56T1-1 STREET NI 971 SIBLEY MEMORIAL HICIHWA 4828 BALD EAGLE AVE 275 3RD ST S P302 45805 CAMBRIDGE WAY 2480 7TH AVENUE E 10977 57TH STREET N 705 SE RIVERSIDE DR 8036 50TH ST N 8017 N 50TH ST 4415 OLSON LAKE TRL 800 NJCOLLET MALL N 8200 HIDDEN BAY TRL N 23995 HINTON AVE / 621 SANDHURST DR 9393 JANE RD N 9906 TAPESTRY ROAD N 18328 MINNETONKA BLVD 10150 TAPESTRY BEND 10178 TAPESTRY HILL 10079 TAPESTRY HILL 1299 NORELL AVE N 6715 PENN AVE SO 122.65 122.65 165.00 88,1/0 122,65 165.00 88.00 165.00 165.00 165.00 165.00 165.00 I 65.00 165.00 95.66 122.65 I 65.00 165,00 165.00 122,65 165,00 165.00 165.00 122.65 122,65 165.00 122,65 122,65 165.00 165.00 165.00 165.00 165,00 88.00 122.65 165.00 165.00 122.65 88,00 88.00 413,22 40.58 165,00 165,00 62,23 122,65 122.65 122.65 122.65 165,00 88.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25,00 25.00 25,00 25,00 25.00 25.00 25,00 25.00 25,00 25.00 25.00 25,00 25,00 25.00 25.00 25.00 25.00 25.00 25,00 25.00 25,00 25.00 25.00 25.00 25,00 25.00 25.00 25 00 25,00 25.00 25,00 25 00 25,00 25.00 25.00 25,00 25,00 25.00 25.00 25 00 147.65 3402921240012 147,65 3502921111)004 190.00 3502921120004 113.00 3502921140003 147,65 3502921210001 190.00 3502921440007 113.00 1302921320081 190.00 102921110008 190.00 102921110013 190.00 102921110015 190.00 102921110016 190.00 102921110017 190.00 102921120007 190.00 102921120011 120.66 102921130007 147,65 102921130011 190.00 102921130012 190.00 102921130015 190,00 102921130019 147,65 102921130021 190.00 102921130022 190.00 102921130023 190.00 102921130024 147,65 102921130025 147.65 1I/2921130028 190,00 102921130029 147,65 102921140014 147.65 102921140015 190.00 102921140016 190,00 102921140021 190,00 102921140023 190.00 1(12921440005 190,00 202921120001 113.00 202921140017 147.65 202921140025 190.00 302921140001 190.00 402921330014 147.65 802921110009 113.00 802921140056 113.00 802921410002 438.22 902921130009 65.58 902921240018 190,00 902921340016 190.00 1002921240008 87.23 1002921410013 147.65 110292132(1025 147,65 1102921320026 147,65 1102921330010 147.65 1102921330017 190,00 1302921320041 113,00 1302921320076 6715 PENN AVE SO 3459 LAKE ELMO AVENUE N PO BOX 25071 3575 LAKE ELMO AVENUE N 3575 LAKE ELMO AVENUE N 3575 LAKE ELMO AVENUE N 3536 KELVIN COURT N 3575 LAKE ELMO AVENUE N 561 1 HUGO ROAD PO BOX 1245 7975 AFTON RD N 7975 AFTON RD N 7975 AFTON RD N 2936 JONQUIL TRAIL N 2966 JONQUIL TRAIL N 7975 AFTON RD N 5294 MARQUESS TRAIL N 2231 MANNING TRAIL N 2813 LAKE ELMO AVENUE N 972 EVERGREEN LN 4505 WHITE BEAR PKWY 01400 4505 WHITE BEAR PKWY #1400 I 02 BRIDGEWATER DR 4505 WHITE BEAR PKWY 01400 4505 WHITE BEAR PKWY 01400 4505 WHITE BEAR PKWY #1400 4505 WHITE. BEAR PKWY #1400 9590 WHISTLING VALLEY TRAIL 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PK VVY 41400 4505 WHITE BEAR PKWY 01400 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PKWY #1400 9550 WHISTLING VALLEY TRAIL 4505 WHITE BEAR PKWY#1400 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PKWY #1400 4505 WHITE BEAR PKWY 01400 4505 WHITE BEAR PKWY #1400 10 SECOND ST NE #401 350 HWY 212 14949 62ND STREET N 14949 62ND STREET N 401 DEMERS sT 401 DEMERS ST 401 DEMERS ST 2520 WHITE BEAR AVENUE 10941 32ND STREET N 10941 32ND STREET N 88 00 122,65 111.38 98.54 165.00 1 1 1,38 157,66 98,54 122.65 165.00 122,65 122,65 122,65 1 16,15 122,65 122.65 122.65 145.46 88.00 10,79 122,65 122.65 88.00 122.65 122.65 165.00 165.00 158,33 122.65 122.65 122.65 122.65 165 00 165,00 165,00 I55.00 122,65 122.65 122.65 122.65 122.65 165.00 2,459.45 1,960,34 6.16.60 74.1 1 95.62 16.77 46.55 47.12 47.12 25.00 25.00 25,00 25 00 25.00 25,00 25 00 25.00 25.00 25 00 25,00 25.00 25 00 25.00 25.00 25.00 25.00 25,00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25,00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25,00 25,00 39,94 31.83 25.00 25.00 25.00 25,00 25.00 25.00 25.00 1 13,00 1302921320080 147,65 1302921320085 136.38 1402921230004 123.54 1402921230005 190,00 1402921230006 136.38 1402921230009 182,66 1402921230010 123.54 1402921230011 147.65 150292131 0007 190.00 1502921430006 147,65 2202921210005 147,65 2202921210010 147,65 2202921210016 141.15 2202921220026 147,65 2202921220030 147,65 2202921220034 147.65 23029211 10003 170,46 2402921130004 113.00 2402921220003 35,79 240292132001 I 147.65 2702921410003 147,65 270292 1410004 1 13,00 2702921410010 147,65 2702921420002 147.65 270292 1420003 190.00 2702921420007 190.00 2702921420008 183,33 270292142(1012 147.65 2702921430004 147,65 2702921430005 147.65 270292 1430006 147.65 270292143(1007 190,00 270292143001 1 190.00 270292)430012 190,00 2702921430013 180.00 2702921430016 147.65 2702921440005 147,65 2702921440006 147.65 27()292 1440007 147.65 2702921440008 147.65 2702921440009 190,00 34029211 10006 2,499.39 3302921440036 1,992,17 602920310060 661.60 1302921210010 99.1 1 1302921230025 120.62 1302921230054 41.77 1302921230055 71.55 130292 1320006 72.12 1302921320048 72.12 1302921320049 • 8975 HIGHWAY 5 8975 HIGHWAY 5 8975 HIGHWAY 5 8975 HIGHWAY 5 8975 HIGHWAY 5 10021 47TH STREET N 1524 PASCAL ST N 595 LAKE RIDGE DR 5750 MEMORIAL AVE N 10112 10TH STREET N 10112 10TH STREET N 34.22 34.22 34,22 20,02 20.02 543.47 40,01 1,949,52 856.7C 522,43 444,90 40,953,41 25.00 25,00 25.00 25.00 25.00 25.00 25.00 25.00 25,00 25.00 25,00 6,546,77 59.22 1602921410016 59.22 1602921410017 59,22 1602921410018 45,02 161)2921410029 45.02 1602921410031 568.47 1602921420002 65,01 3302921440029 1,974,52 3402921340004 881,70 602920210001 547.43 3402921130001 469.90 3502921220001 47,500.18 CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CURRENT MUNICIPAL SERVICES AND/OR MUNICIPAL UTILITIES TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Lake Elmo, Minnesota, will meet in the Council Chambers in the City of Lake Elmo, Minnesota, on the 4th day of October, 2011 at 7:00 p.m. to consider, and possibly adopt the proposed assessment for unpaid municipal services or municipal utilities. You may prior to certification of assessment to the County Auditor, pay the entire assessment. If the assessment is not prepaid before October 13, 2011, the rate of eight percent (8%) interest or a charge of $25.00, whichever is greater, will be applied to the assessment balance, The assessment will be due in full for the taxes payable 2012 calendar year. The proposed assessment roll is on file for public inspection at the Finance Director's office. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment to the affected owners as it deems advisable. Sharon Lumby, City Clerk Publish in the September 28, 2011 Oakdale -Lake Elmo Review I car OF LAKE - ELMO AYOR & COUIVCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: ,9/.6 REGULA1( ITEM II: 12 MOTION Special Event Permit Ordinance — Revised Ordinance Limiting Scope to Larger Events Only Kyle Klatt, Planning Director Bruce Messelt, City Mministrat David Synder, City Attorney Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider and adopt a new ordinance to regulate special events within the City of Lake Elmo, A draft ordinance concerning special events, as recommended by the Planning Commission, was presented to the City Council on December 7, 2010 but was not acted upon by the Council at this time, After subsequent discussion by the Council, it was decided to revisit this ordinance with the direction that the regulations should only apply to larger events. Based on the work that was done with the Planning Commission late last year, Staff is recommending that that the City Council reconsider the ordinance as originally drafted by the Planning Commission, but with a specific notation that a special event would only include those events at which more than 100 people in a given day would be present. Should the Council decide that a "larger event" comprises more people than this (or if the Council would like to consider an alternate definition for a larger event), the proposed ordinance could be revised accordingly, The recommended motions to act on this are as follows: "Move to adopt Ordinance No. 08-053 adding provisions to the Lake Elmo City Code to regulate special events within the City of Lake Elmo" "Move to adopt Resolution No. 2011-36 authorizing summary publication o Ordinance 08-053" BACKGROUND INFORMATION: A Special Event Permit is intended to provide some regulation of temporary events on a case -by -case basis and is intended to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate -- page 1 -- City Council Meeting Special Event Ordinance 9/6/11 Regular Agenda Item # provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Based on the direction from the Council as noted above, Staff has attached the proposed draft ordinance in addition to the Staff report presented to the Council back in December of 2011. This report contains a summary of the Ordinance, some of the background concerning its preparation, and the Nanning Commission's recommendation to approve the Ordinance. RECOMMENDATION: Based upon the above background information and Staff report, the Planning Commission and Staff recommend .that the City Council adopt the proposed Special Event Permit Ordinance, which has been drafted to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods, by undertaking the following action: "Move to adopt Ordinance No. 08-053 adding provisions to the Lake Elmo City Code to regulate special events within the City of Lake Elmo" "Move to adopt Resolution No. 2011-36 authorizing summary publication of Ordinance 08-053" Alternatively, as this is a City -initiated action, the City Council may make changes to the document as drafted by the Planning Commission or may table taking action of the request to solicit additional feedback from Staff. The Council may also choose to not adopt the proposed ordinance if it finds that Special Events should not be regulated within the City of Lake Elmo. ATTACHMENTS 1. Ordinance 2011-053— Special Event Pe iiits 2. Resolution 2011-36 (Authorizing summary publication 3. City Council Report Dated 12/7/10 SUGGESTED ORDER OF BUSINESS... Introduction of Item Report/Presentation . Questions from Council to Staff Public Input, if Appropriate .......... .............. ......... ............ Call for Motion Discussion....,.„... ...... ......... ............. ........ ..... Action on Motion ....... ............. ....... ,.,..„.„... ....... City Administrator Planning Director Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council ........ Mayor Facilitates — page 2 City Caunci! Draft, 10/4/i 7 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-054 AN ORDINANCE ADDING TO THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING TO CHAPTER 110 OF THE BUSINESS REGULATIONS: BUSINESS REGULATIONS TO PROMOTE THE ORDERLY, COMPATIBLE AND SAFE USE OF PROPERTY FOR TEMPORARY SPECIAL EVENTS AND TO ASSURE ADEQUATE PROVISION OF PARKING, TRAFFIC, SANITARY FACILITIES, UTILITIES, PEACE AND TRANQUILITY OF RESIDENTIAL NEIGHBORHOODS AND SAFETY SERVICES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 110 — General Licensing Provisions, by adding the following language: § 110.070 SPECIAL EVENT PERMITS. (A) Purpose and intent, The purpose of this Chapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services. (B) A Special Event shall include the following: (1) Any temporary, privately -sponsored event, typically conducted outdoors, open to the general public, held on public or privately owned property that will be attendedby.over 100 people within a. 24.4i6ur period where such event would not otherwise be permitted under the City's zoning regulations. (2) An Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three (3) months in any calendar year. A Special Event Permit for an Agricultural Sales Business may be issued once per year and for no more than two consecutive years. (C) Exceptions: "Special Event" shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to Minn. Stats. Chapter 38. (2) Special events or activities permitted or permitted by other State laws or regulations of the City of Lake Ehno, including publicly -sponsored activities in the local park system and any other lawfully established event for which the City Council has expressly Ordinance 08-054 City Council Draft: 104/11 granted approval prior to adoption of this ordinance, unless said event is expanded or enlarged, in which case a Special Event Permit will be required. (3) Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, etc. (4) Garage sales (5) National Night -Out or Night -to -Unite established through the City of Lake Elmo. (D) Permit Required (1) No person on or after the effective date of this Chapter shall conduct or allow to be conducted any special event as defined in this ordinance without first obtaining a Special Event Permit. (E) Requirements for Issuance of a Permit (1) The following standards shall apply to all special events: (a) Maximum Number of People. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event pennit. (b) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of Lake Elmo. (c) Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event. (d) Security. The permitee shall employ at his/her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless Washington County Sheriffs Department is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (e) Food Service. The operator of the special event shall be responsible for securing any permits, if necessary, from the Washington County Health Department for any food services that are made available on the premises. 2 Drdiriance 08-054 Coumll Ord: 0/4/1 (0 Fire Protection. The pennitee shall, at his/her own expense, take adequate steps to insure fire protection as determined by the City of Lake Elmo Fire Chief. (g) Duration of Special Event. The permitee shall operate the special event only on those days and during the hours specified on the permit. (h) Cleanup Plan. The special event applicant is responsible for clean up of the site upon completion of the special event, and shall specify the amount of time anticipated to restore the site to its pre -event condition as part of an application. Any clean up or restoration work required by the City may be charged to the applicant. Any City service that requires overtime will be at the expense of the applicant. (i) Waiver. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may grant a waiver from the requirements of this Chapter in any particular case where the applicant can show that strict compliance with this Chapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this Chapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations. (1) Insurance. Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Administrator if reasonably determined necessary. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten (10) days before the expiration or cancellation of said insurance. (k) Miscellaneous. Prior to the issuance of a perinit, the City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. (2) In addition to the requirements listed above, the following shall also apply to a Special Event Permit for an Agricultural Sales Business: (a) All performance standards as specified in Section 154.110 for Agricultural Sales Businesses. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event. (F) Application Procedures. (1) A written application for a Special Event Permit shall be filed on forms provided by the City with the City Administrator not less than thirty (30) days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or Ordinance., 09-054 City Council Draft; 10/4/11 parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a Special Event Permit, City staff will review the request and advise the applicant of the need for additional information, if any. (G) Fees (1) The fee for a Special Event Permit shall be as established by the City Council. (H) Granting a Permit (1) Administrative Review and Approval. The City Administrator, or his/her designee, shall review and determine whether or not a request for a special event and/or street closing is acceptable. The City Administrator shall have the authority to issue Special Event Permits for those events that meet the criteria of this Ordinance. In the event the City Administrator determines the activity does not meet these criteria, such applications shall be referred to the City Council for consideration. (2) City Council Review and Approval. The City Administrator shall refer any application for a Special Event Permit that may adversely affect the safety, health and welfare of the citizens of Lake Elmo due to the size, location, or potential impacts of the event to the City Council for final action. (J) Denial of Pennit (1) The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of Lake Elmo or if other criteria herein are not met. The applicant shall be notified of such denial and may appear before the City Council to appeal such denial. (K) Transferability (1) No permit granted under this Chapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore. (L) Enforcement and Penalties (1) The City Administrator and other such officers, employees, or agents as the City Council or City Administrator may designate, shall enforce the provisions of this Chapter in accordance with Section 10.99 of the City Code. (2) The holding of a special event in violation of any provision of this Chapter shall be deemed a public nuisance and may be abated as such. (3) Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 4 OrdinancE, 06-054, City Council )ran: 10/47-,' (M) Revocation of Permit (1) The permit for a special event may be revoked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this Chapter are violated. 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. 08-054 was adopted on this 46 day of October, 2011 by a vote of Ayes and Nays. Mayor Dean A. Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-054 was published on the day of , 2011. 5 CITY OF LAKF ELMO RESOLUTION NO. 2011-043 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-054 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-054, an ordinance to regulate Special Events within the City of Lake Elmo to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following suminary of Ordinance No. 08-054 to be published in the official newspaper in Lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-054. The ordinance amends Title XI of the City Code, Business Regulations, and adds a new section concerning Special Events to Chapter 110 — General Licensing Provisions. Any activity defined as a Special Event will need to secure a Special Event Permit from the City in accordance with the ordinance. The Ordinance defines a Special Event as either: 1) any temporary, privately -sponsored event, typically conducted outdoors, open to the general public and held on public or privately owned property, that will be attended by over 100 people within a 24-hour period, where such event would not otherwise be permitted under the City's zoning regulations, or 2) an Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three months in any calendar year. Other provisions in the Ordinance include a list of exceptions, permit requirements, application procedures, process for granting a pemilt, and enforcement and penalties. The full text of Ordinance No.08-054 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean A. Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 2011. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. (UY Gf. LAKE' lAYOR COUNCI OM DATE: REGULAR ITEM if: MOTION UIWCA DON 12/07/2010 14 Resolution No, 2010-073 Ordinance No. 08-034 AGENDA ITEM: Consider Adoption of Special Event Permit Ordinance SUBMITTED BY: THROUGH:: REVIEWED BY: Kyle Klatt, Planning Director Bruce Messelt, City Administrato David Synder, City Attorney Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED; The City Council is respectfully requested to review and, if appropriate, affirmatively consider a now ordinance to regulate special events within the City of Lake Elmo. A Special Event Permit is intended to provide some regulation of temporary events on a case -by -case basis, is intended to promote the orderly, compatible, and safe use of property for temporary special events, and is designed to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Should the City Council wish to go further than a review at tonight's meeting, the recommended motions to act approve the proposed Ordinance are as follows: SUGGESTED "Move to adopt Ordinance No, 08-034 adding provisions to the Lake MOTIONS: Elmo City Code to regulate special events within the City of Lake Elmo "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance. 08-034" BACKGROUND INFORMATION: This ordinance was first brought forward as a follow-up to several requests for events within the City of Lake Elmo that would normally not be allowed under the City's zoning regulations. The most significant of these events was a Rowing Regatta on Lake Elmo that was ultimately permitted in the absence of any formal regulations concerning such events (and also due to the fact that the event took place on a public water body and within the regional park preserve). City Council Meeting Consider Adoption of Special Event Permit Ordinance Dtcomber 7th, 201.0 Reg,ular Agenda item # 14 Staff has over the past several years also received requests for a "pet carnival" and other such events, as well as promotions by local businesses. This ordinance is very similar to a document that was reviewed by the Planning Commission more than a year ago, but never further refined or adopted. by the City. One of the more significant changes to the proposed ordinance since tbe version previously reviewed by Planning Commission has been the addition of a new category of special events for Agricultural Sales Businesses. Specifically, the Ordinance now includes a provision that would allow an Aglicultural Sales Business that is conducted for a period of three months or less to be permitted, by a Special Event Permit, The ordinance would allow such a permit to be issued for two consecutive years; otherwise, any agricultural sales businesses operating for a longer term would need to obtain an Interim. Use Permit in accordance with recent amendments to the City Code, The Agricultural. Sales provision is a direct resell of recent discussions and. action by the Planning Commission and City Council regarding' agricultural businesses. The proposed ordinance would provide an alternate to a full interim use permit. in cases where a grower or importer would like to sell agricultural products for a limited time As an example of how this permit would be applied is a situation in which a grower needs to supplement the sales of their produce grown on -site, due to the loss of a crop due to bad weather or other unforeseen circurnstan.ces. The proposed ordinance does include several exemptions for events sponsored by a public entity, events that take place in an athletic field, family gatherings, and other such klaiVitiCS. ADDITIONAL INFORMATION: The model used for the draft ordinance was taken from the City of North St. Paul. This ordinance was chosen as it was fairly broad in terms of its coverage, while some other examples staff researched were very specific to certain types of events. This broad and simple ordinanee will be easier to administer, as Lake Elmo currently has just a few events to which the permit may pertain. .History - in 2006 the Council approved an ordinance allowing Commercial Social Outdoor Events as a conditimal use in the agricultural zoning district, which it then repealed in April of 2007, A Special Event Permit is different than the Commercial Social Outdoor Events in the following ways: 1) A Special Event Permit would he required and reviewed for each event and would not guarantee a. future pewit would be received by the applicant or property owner, A Commercial Social Outdoor event was established as a Conditional Use Permit (CUP) and would have run with the property in perpetuity. City Council would have the discretion to deny a Special Event Permit. If a CUP was received and the conditions of a Commercial Social Outdoor Event were being met, the -City would have a difficult time revoking the permit. -- page 2 -- 14.1.40419.0 . , City Council Meeting Consider Adoption of Special Event Permit Ordinance December '701, 2010 Regular Agenda item ft 14 3) A Special Event Permit would not necessarily be based or 8, zoning district. A CUP for a Cortunercial Social Outdoor Event was allowed only in the Agricultural zoning district. 4) Special Event Permit could be intended to regulate temporary, outdoor privately. sponsored events open to the general public, held on public or privately -owned property, and impacting city facilities or services, The draft ordinance provided identifies specific gathering types that would not require a permit, such as a wedding. The only application received by the City to implement the Commercial Social Outdoor Event ordinance was to hold weddings on a. property in the city. Should the City Council adopt the propose ordinance, as prepared by the Planning Commission, the Council will need to determine the fees for this type of permit, Because the 2011 Fee Schedule will be considered by the Council at its next meeting, Staff is recommending that the fees for Special Events be addressed with other fees at. the Councils subsequent meeting. Part of the justification for requiring a Special Event Permit for certain events is to help ensure that any potential public costs associated with the event, are properly addressed. As noted in the attached ordinan.ce, the City may Charge for any required clean-up from the event, and provisions are included that require the applicant to provide adequate police, fire, and sanitary services during the duration of the event. PLANNING COMMISSION REPORT; The Planning Col -mission coniduc.,-ted, a public hearing regarding the proposed Special Event Permit Ordinance at its November 8, 2010 meeting. No public comments were received at the meeting; however, the Commission tabled taking action on the Ordinance and requested that Staff review the Ordinance with the City Attorney before making its recommendation to thc City Counc;iI. Staff reviewed the proposed ordinance with the City Attorney and City Administrator in order to provide some clarity concerning the intent of the ordinance, and hase4 on these disc-ussions, suggested that the following modifications be made to the ordillanCe: That special events that last less than three consecutive days be permitted through an adrainisuutive review process rather than requiring action by the City Council, That a special event permit -be required for lion -profit organizations in addition to other property owners. The intent of the proposed ordinanct.t, is to ensure that larger events do not create any problems that may negatively impact the public or result in costs that must be born by the City. Whether an event is sponsored by a private business or non-profit entity, requiring a special event permit can help the City reduce the potential for any unforeseen costs or impacts, The Attorney has offered an opinion that private clubs should not be regulated differently than a tbr-profit business. — page 3 -- City Council Meting -December 7th, 2010 . k.MM.160 Consider Adoption of Special Event Permit Ordinance Regular Agenda Item # 14 That the provisions related to exceptions specifically state that only activities that have been previously authorized by the City are exempt from the ordinance, and that if expanded or enlarged, these events would need to secure a permit. The Commission considered these changes, and ultimately reuommended further modifications to allow the City Administer to approve all Special Event Permits, with a provision that allows the Administrator to refer permits to the Council as neeessary, Staff has further clarified the review requirements in the draft ordinance so that all denials must he made by the City Council, The City Attorney has noted that the City could try to define a threshold for small events based on experience, such as by referenee to an event that is known to bring in less than 30 people but does riot nnplicate public infrastructure, traffic, etc, in looking back at. previous events that were conducted in the City that would be considered a special event under the proposed ordinanee, Staff has been unable to identify any specific type of activity that would seem to have met this threshold. The Attorney has also suggested that the Planning Commission and City Council may want to consider special events that have occurred in the past to determine if they can he used as a. guide concerning any problems that arose and how these issues may have been addressed. Some typical problems include traffic back-ups, informal road closures, late night noise, minor trespassing, insufficient resboorns, and other similar occurrences. Staff has made other minor revisions to the ordinance based on comments from the Planning Conunissions, and all changes and revisions recommended by the Planning Commission are included in the attached ordinance. The Planning Commission unanimously reeontraerided approval of the Special Event Ordinance at its November 22, 2010 meeting. RECOMMENDATION: Based upon the above background information and Staff' report, the Planning Commission and Staff recommend that the City Council review the proposed Ordinance at tonight's meeting. If appropriate, the Council may also consider adoption of the proposed Special Event .Permit Ordinance, which has been drafted to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary fae,ilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Should the City Council wish to go further than a review at toni motions to act approve the proposed Ordinance are as follows: ling, the recommended SUGGESTED "Move to adopt Ordinance No, 08-034 adding provisions to the Lake MOTJONS: Elena City Code ro regulate special events within the City of Lake Elmo -- page 4 -- no* City- C D 1111C 11 Meting December 7tli, 2010 Consider -Adoption of Special Event Permit Ordinance Regular Agenda limn 14 "Wove to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 08-034" Alternatively, as this is a City -initiated. action., the City Council may make changes to the document as drafted by the Planning Commission or may table taking action of the request to solicit addition& feedback from the community and staff. The Council may also choose to not adopt the proposed ordinance, if it finds that Special Events should not be regulated within tbe City of Lake Elmo. Should. any changes be made during tonight's review, the recommended revised motions for consideration would be: "Move to adopt Ordinance No. 08-034 adding provisions to the Lake Ehno City Code to regulate special events within the City of Lake Elmo las amended at tonight's meetingf." "Move to adopt Resolution No. 2010-073 authorizing sunintary publicedion of Ordinance 08- 034 [as' amended at tonight's meeting]," AT' AcIWENI:'S I. Ordinance. 2008-034 -- Special Event Permits 2, R.esolution 2010..073 (Authorizing StMimary publication) stypp.E5TE1) ORDER OF BUSINESS,Introduction of Item City Administrator Report/Presentation „ • • „ . „..,....... „ Planning Director Questions from Council to Staff ...... Mayor Facilitates Public Input, if Appropriate .„ ....... ,........,......... ......... Mayor El EI cilitates Call for Motion ...... .„,...,.., Mayor & City Council Discussion , ...... ,.„,,,...„.... ....... .„...,.„..... Mayor Facilitates Action on ..... Mayor & City Council -- page 5 -- A4AYOR & COUNCIL COMMUNICA PON AGENDA ITEM: SUBMITTED BY; THROUGH: REVIEWED BY; David Synder, City Attorney Kelli Matzek, City Planner DATE: REGULAR ITEM #: MOTION 12/07/20 ] 0 14 Resolution No. 2010-073 Ordinance No. 08-034 Consider Adoption of Special Event Permit Ordinance Kyle Klatt, Planning Director Bruce Messelt, City Administrator9. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to review and, if appropriate, affinnatively consider a new ordinance to regulate special events within the City of Lake Elrno, A Special Event Permit is intended to provide some regulation of temporary events on a case -by -case, basis, is intended to promote the orderly, compatible, and safe use of property for temporary special events, and is designed to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods, Shoul.d the City Council wish to go further than a review at tonight's meeting, the recommended motions to act approve the proposed Ordinance are as follows: SUGGESTED "Move to adopt Ordinance No, 08-034 adding provisions to the Lake MOTIONS: Elmo City Code to regulate special events within the City of Lalce Elmo "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 08-034" BACKGROUND INFORMATION This ordinance was first brought forward as a follow-up to several requests for events within the City of Lake Elmo that would normally not be allowed under the City's zoning regulations, The most significant of these events was a Rowing Regatta on Lake Elmo that was ultimately permitted in the absence of any formal regulations concerning such events (and also due to the fact that the event took place on a public water body and within the regional park preserve), -- Page — City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 Staff has over the past several years also received requests for a "pet carnival" and other such events, as well as promotions by local businesses. This ordinance is very similar to a document that was reviewed by the Planning Commission more than a year ago, but never further refined or adopted. by the City-. One of the more significant changes to the proposed ordinance since the version previously reviewed by Planning Commission has been the addition of a new category of special events for Agricultural Sales Businesses. Specifically, the Ordinance now includes a provision that would allow an Agricultural Sales Business that is conducted for a period of three months or less to he permitted by a Special Event Permit. The ordinanee would allow such a permit to be issued for two consecutive ye-irs; otherwise, any agricultural sales businesses operating for a longer term would need to obtain an Interim. Use Permit in accordance with recent amendments to the City Code. The Agricultural Sales provision is a direct result of recent discussiOns and, action by the Planning Commission and City Council regarding agricultural businesses. The proposed ordinance would provide an alternate to a full interim use permit in cases where a grower or importer would like to sell agricultural products for a. limited time, As an example of how this permit would be applied is a situation in which a grower needs to supplement the sales of their produce grown on -site, due to the loss of a crop due to bacl weather or other unforeseen cireurnstances, The proposed ordinance does include several exemptions for events sponsored by a public entity, events that take place in an athletic field, family gatherings, and other such activities. ADDITIONAL INFORMATION: The model used for the draft ordinance was taken from the City of North St, Paul, This ordinance was chosen as it was fairly broad in terms of its coverage, while some other examples staff researched were very specific to certain types of events. This broad and simple ordinanee will be easier to adrninister„ as Lake Elmo currently has just a few events to which the pen -nit may pertain, City History - in 2006 the Council approved an ordinanee allowing Commercial Social Outdoor Events as a conditional use in the agricultural zoning district, which it then repealed in April of 2007. A Special Event Permit is different than the Commereial. Social Outdoor Events in the following ways: 1) A Special Event Permit would be required and reviewed for each event and would not guarantee a future perrnit would be received by the applicant or property owner, A Commercial Social Outdoor event was established as a Conditional Use Permit (CUP) and would have run with the property in perpetuity. 2) The City Council would have the discretion to deny a Special Event Permit. If a CUP was received and the conditions of a Commercial Social Outdoor Event were being met, the City would have a difficult time revoking the permit, City Council Meeting Consider Adoption of Special Event Permit_ Ordinance December 7th-, 2010 Regular Agenda Item # 14 3) A Special Event Permit would not necessarily be based on a zoning district. A CUP for a Commercial Social Outdoor Event was allowed only in the Agricultural zoning district. 4) Special Event Permit could be intended to regulate temporary, outdoor privately - sponsored events open to the general public, held on public or privately -owned property, and impacting city facilities or services, The draft ordinance provided identifies specific gathering types that would not require a permit, such as a wedding. The only application received by the City to implement the Commercial Social Outdoor Event ordinance was to hold weddings on a property in the city. Should the City Council adopt the propose ordinance as prepared by the Planning Commission, the Council will need to determine the fees for this type of permit, Because the 2011 Fee Schedule will be considered by the Council at its next meeting, Staff is recommending that the fees for Special Events be addressed with. other fees at the Council's subsequent meeting. Part of the justification for requiring a Special Event Permit for certain events is to help ensure that any potential public costs associated with the event are properly addressed. As noted in the attached ordinance, the City may charge for any required clean-up from the event, and provisions are included that require the applicant to provide adequate police, fire, and sanitary services during the duration of the event, PLANNING COMMISSION REPORT,: The Planning Commission conducted a public hearing regarding the proposed Special Event Permit Ordinance at its November 8, 2010 meeting. No public comments were received at the meeting; however, the Commission tabled taking action on the Ordinance and requested that Staff review the Ordinance with the City Attorney before making its recommendation to the City Council. Staff reviewed the proposed ordinance with the City Attorney and City Administrator in order to provide some clarity concerning the .intent of the ordinance, and based on these discussions, suggested that the following modifications be made to the ordinaneC: That special events that last less than three consecutive days be permitted through an administrative review process rather than requiring action by the City C:ouneil. That a special event permit be required for non-profit organizations in addition to other property owners. The intent of the proposed ordinance is to ensure that larger events do not ereate any problems that may negatively impact the public or result in eosts that must be born by the City. Whether an event is sponsored by a private business or non-profit entity, requiring a special event permit can help the City reduce the potential for any unforeseen costs or impacts. The Attorney has offered an opinion that private clubs should not be regulated differently than a for -profit business. -- page 3 — City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 That the provisions related to exceptions specifically state that only activities that have been previously authorized by the City are exempt from the ordinance, and that if expanded or enlarged, these events would need to secure a permit. The Commission considered these changes, and ultimately recommended further modifications to allow the City Administer to approve all Special Event Permits, with a provision that allows the Administrator to refer permits to the Council as necessary, Staff has further clarified the review requirements in the draft ordinance so that all denials must be made by the City Council. The City Attorney has noted that the City could try to define a threshold for small events based on experience, such as by reference to an event that is known to bring in less than 30 people but does not implicate public infrastructure, traffic, etc. In looking back at previous events that were conducted in the City that would be considered a special event under the proposed ordinance, Staff has been unable to identify any specific type of activity that would seem to have met this threshold, The Attorney has also suggested that the Planning Commission and City Council may want to consider special events that have occurred in the past to determine if they can be used as a guide concerning any problems that arose and how these issues may have been addressed. Some typical problems include traffic baele-ups, informal road ;closures, late right noise, minor trespassing, insufficient restTooms, and other similar ocourrences. Staff has made other minor revisions to the ordinance based on comments from the Planning Commissions, and all changes and revisions recommended by the Pluming Commission axe included in the attached ordimmee, The Planning Cormnission unanimously recommended approval of the Special Event Ordinance at its November 22, 20l 0 meeting. RECOMMENDATION: Based upon the above background information and Staff report, the Planning Commission arid. Staff recommend that the City Council review the proposed Ordinance at tonight's meeting. If appropriate, the Council may also consider adoption of the proposed Special Event Permit Ordinance, which has been drafted to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Should the City Council wish to go further than a review at tonight's meeting, the recommended motions to act approve the proposed Ordinance are as follows SUGGESTED "Move to adopt Ordinance No. 08434 adding provisions to the Luke MOTIONS: Einzo City Code to regulate special events within the City of Lake Elmo -- page 4 — City Council Meeting Consider _Adoption of Special Event Permit Ordinance December 7th, 20 I() Regular Agenda Item "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 06-034" Alternatively, as this is a City -initiated action, the City Council may make changes to the document as drafted by the Planning Commission or may table taking action of the request to solicit addition.al feedback from the community and staff. The Council may also choose to not adopt the proposed ordinance, if it finds that Special Events should not be regulated within the City of Lake Elmo, Should any changes be made during tonight's review, the recommended revised motions for consideration would be: "Mow to adopt Ordinance No. 08-034 adding provisions to the Lake .Elmo City Code to regulate special events within the City of Lake Einto [as amended at tonight's meeting]." "Move to adopt Resolution NO. 2010-073 authorizing summary publication of Ordinance 08- 034 [as amended at tonight's meeting]." ATTACHMENTS 1. Ordinance 2008-034 — Special Event Permits 2, Resolution 201.0-073 (Authorizing summary publication SUGGESTED ORDER OF BUSINESS,. Introduction of Item City Administrator Report/Presentation ..... ....... .„.............. ..... 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 Mayor & City Council page 5-- CITY OF . LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/4/2011 REGULAR ITEM Ai: 13 MOTION AGENDA ITEM: Downtown District Sidewalk Maintenance — Reconsider Project, Increase the Scope of Work, and Award of Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to reconsider the Downtown District Sidewalk Maintenance work and award a contract to Parkos Construction in the amount of S43,600.45. This includes an expanded work scope with an additional 240 feet of sidewalk maintenance south of the UP Railroad Tracks along the west side of Lake Elmo Avenue. BACKGROUND INFORMATION AND STAFF REPORT: The City Council rejected the bids for the Downtown District Sidewalk Maintenance work on September 20, 2011, and expressed an interest in expanding the scope of work to include the additional 240 feet of sidewalk south of the UP Railroad Tracks. It was anticipated that staff would obtain quotes for reconsideration of the expanded project with the work to be completed in the spring of 2012. The bid rejected was from Sheehy Construction in the amount of $48,923. Staff provided the council a rough estimate for the expanded work scope of $8,000+/-. Following the September 20th Council Meeting, staff contacted a few contractors regarding the project work and schedule. It was clarified with interested contractors that if a contract were awarded on October 4, 2011, the project could be completed this year. With that information, staff updated the contract documents to include the additional work scope and changed the project completion date from October 21st to October 28th, Contractor quotes were requested and two quotes were received. Parkos Construction submitted a quote in the amount of $43,600.45 which includes $6,782.76 for the additional work. Sheehy Construction submitted a quote in the amount of $49,367.00 which includes $6,866.00 for the additional work. Should the Council choose to award the project; staff will issue the Notice to Proceed to the selected Contractor. Downtown Businesses will be notified of the start of work and a Pre- -- page 1 -- City Council Meeting October zith, 2011 DowntownDowntowi jistrict Sidewalk Maintenance Project Reconsider Project, Increase the Project Scope, and Award of Contract Regular Agenda Item # 13 Construction Meeting will be held with the Contractor to coordinate the project schedule and logistics. The updated completion date for this Contract is October 28, 2011. The Downtown District Sidewalk Maintenance work consists of various existing sidewalk safety and maintenance improvements along both sides of Lake Elmo Avenue from approximately 240 feet south of the Union Pacific (UP) Railroad tracks to Trunk Highway 5. The work will serve to mitigate several safety hazards, drainage corrections, and pavement distresses. Several sidewalk panels are uneven, which creates an unsafe tripping hazard for pedestrians, Some panels contain distresses that require complete replacement. The sidewalk in front of 3476 Lake Elmo Avenue has shifted and now directs water to the basement of the building. The proposed repairs will consist of crack sealing sidewalk panels, saw cutting trip hazards to a smooth edge, patch spawl areas, remove and replace complete panels, and panel overlays, FUNDING: If a contract is awarded, this project will be jointly funded by the City and Washington County. Washington County has agreed to reimburse the City for 50% of the total project costs, except for the added work south of the UP Railroad. The total estimated project cost is $55,000, with a County participation amount estimated to be roughly $24,000. The City share would be funded through the Infrastructure Reserve Fund. RECOMMENDATION: Based upon the above staff report, the City Council is respectfully requested to consider awarding a Construction Contract to Parkos Construction. The suggested motion to approve this action is as follows: "Move to Approve the Award of a Contract to Parkos Construction in the amount of $43,600.45 for the Downtown District Sidewalk Maintenance Project." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Approve the Award of a Contract to Parkos Construction in the amount of $43,600.45 for the Downtown District Sidewalk Maintenance Project [as amended and/or modified at tonight's meeting]." ATTACHMENTS: 1. Parkos Construction Quote 2, Sheehy Construction Quote 3. Project Manual (available upon request at City Hall) — page 2 — City Council October � Meeting Downtown District Sidmpll(MaiuteoanuuProject Reconsider Project, Increase the Project Scope, and Award nfContract Regular Agenda Item # 13 SUGGESTED ORDER OF BUSINESS,: � Introduction nfltcD) .......................................................... City Engineer Questions from Council k}staff Mayor Facilitates Public lnnuf(if Mayor Facilitates Call for Motion ............................................................... Mayor & City Council Discussion Mayor Facilitates — page 3— .. • State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE DOWNTOWN DISTRICT SIDEWALK MAINTENANCE PROJECT This Contract, made this 27th clay of • September 2411, by the City of Lake E1111D, Minnesota (herinatter called the "Owner") and Pa rk0S COns truct (litreinafter called the "Contractor"). WITNESSETH that the parties hereto agree as follows', (A) The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, povvor, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of. the work as described herein: DESCRIPTION OF WORK: The scope of work under this contract is for a complete project in accordance with the plans and specifications for the Downtown District Sidewalk Maintenance Project, dated September•6, 2011. The work is to be done on the existing sidewalks in the Downtown Area located tilong Lake Elmo Avenue and in accordance with the project manual Location Maps. An additional 240 feet of sidewalk located south of the Union Pacific Railroad Tracks and along the west side of Lake Elmo Avenue has been added to the scope of work. (not shown ia the Location Maps), The project maintenance work includes crack sealing, sawing of trip hazards, spawling repair, panel replacement, and concrete overlay per the attached specifications and drawings. All disturbed areas are to be restored to preconstruction conditions and all construction debris is to be removed after completion of the project. Contractor must keep working areas clean and maintain access to property owners at all times. Actual quantities will be measured and paid per the unit price provided in the quote form completed by the Contractor. No additional work in excess of the estimated quantities listed on the quote form will be paid unless approved by the City of Lake Elmo, prior to the work being completed. All work shall be completed within the specified timeframe and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract The contractor shall complete the proposed work by October 28, 2011. The Owner will make payment for the whole contract upon acceptance by the Owner of all work required hereunder and in compliance with all the terms and conditions of this contract. 43 C000,5" TOTAL PROJECT COST (INSERT FROM QUOTE FORM): Thi WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. Park.os, Construction \(Contractor) City of Lake Elmo, Minnesota (City of take Elmo) General Conditions for Small Contracts Page 1 of 2 GENERAL CONDITIONS CHANGES IN WORK, - The Owner may at any time, make changes in.the drawings and specifications, -within the general scope thereof, If such changes cause an increase or decrease in the automat due under this contract or in the time required for its performance, an equitable, adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will. be allowed unless the same has heen ordered an such contract ebange order by the Owner and the price therefore stated in the order, 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. 111. COMPLETION OF WORK, If the Contractor refuses or fails to complete the. work Within the time specified in paragraph 13 of this eontract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed, In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will he liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such. materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor maybe required to pay to the Owner the suni of $100 as liquidated damages for each ealendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the pontractor to proceed will not he terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligenee. IV, RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the. Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereuuder will ben valid, only if in writing. VII, CLEANING UP, - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII. WARRANTY, - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any wotic is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IDEMN/FICATICN. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officera, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract X. WORKERS' COMPENSATION INSURANCE. Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualifteation as a self -insurer of workers' compensation, XL LIABILITY INSURANCE REQUIREMENTS. — A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (COL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate ihnit of not less than S2,000,000. The CGL insurance shall cover liability ,arising from premises, operations, independent oontractors, suboontractors, products -completed operations, personal injuly and advertising injury, and oontractually-assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shell cover liability arising out of any auto, including owned, hired, and non -owned autos. City of Lake Elmo, Minnesota General Conditions for Small Contracts Page 2 of 2 CITY, Of LAKE ELMO DOWNTOWN SIDEWALK MAINTENANCE September 23, 2011 QUOTE FORM FOR ESTIMATED QUANTITIES SAW CUT PANEL PANEL CRACK TRIP HAZARD SPAWL REPLACEMENT OVERLAY ADDRESS SEAL (LF) (LP) PATCH {SF) (SF) (SF) 3610 LAKE ELMO AVENUE 10 30 81 SS4OLAKEELMOAVENUE 31 1B 72 3537 LAKE ELMO AVENUE 36 28 6 3621 LAKE ELMO AVENUE a 13 2 63 3515 LAKE ELMO AVENUE 39 16 1 77 3611 LAKE ELMO AVENUE 7 25 24 436 3479 LAKE ELMO AVENUE 22 5 96 3476 LAKE ELMO AVENUE 3459 LAKE ELMO AVENUE 9 30 :1442 LAKE ELMO AVENUE 60 3394 LAKE ELMO AVENUE 26 2 16 3390 LAKE ELMO AVENUE 7 ADDED WORK 8 OF UP RR TRACKS 42 10 284 178 LF TOTAL ESTIMATED OLJANTIT'f 237 LF UNIT PRICE PROVIDED Y CONTRACTOR) ITOTAL ESTIMATED COST i(FOR EACH TYPE OF CORRECTION) TOTAL ESTIMATED COST FOR PROJECT (INSERT TOTAL PROJECT COST ON PAGE 1 OF THE CONSTRUCTION CONTRACT) 118 SF 1066 SF 4 1 19.26 37.12 I 20.78 I 13,07 31142Z,t '11(ot-15.45- I 3r2tr- 4,380 22,567 I 7820 585 585 SF TKDA ProIed No, 14816.00b State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE DOWNTOWN DISTRICT SIDEWALK MAINTENANCE PROJECT This Contract, made this 26 day of September 2011, by the City of Lake Elmo, Minnesota (herinufter called the "Owner") and Sheehy 'Construction (hereinafter called the "Contractor"), lArITNESSETH that the parties hereto agree as follows: (A) The.Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, beat,telephone, water, sanitary thcilities, tern pormy facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion ofthe work as described herein: DESCRIPTION OF WORK: The scope of work under this contract is for a complete project in accordance with the plans and specifications for the Downtown District Sidewalk Maintenance Project, dated September 6, 2011. The work is to be done on the existing sidewalks in the Downtown Area 'located along Lake Elmo Avenue and in accordance with the project manual Location Maps. An additional 240 feet of sidewalk located .south of the Union Pacific Railroad Tracks and along the west side of Lake Elmo .Avenue has'been added to the .scope of work (not shown in the Location Maps). The .project maintenance work includes crack sealing, sawing of trip hazards, spawning repair, panel replacement, and concrete overlay per the attached specifications and drawings; Ali disturbed areas are to be restored to preconstruction conditions and all construction .debris is to be removed after completion. of the project. Contractor- must keep working areas clean .and maintain access to property owners at all times, Actual quantities -will be measured and paid per the unit price provided in the quote form completed by the Contractor. No .additional work .in excess of the estimated quantities listed on the quote form will be paid unless approved by the City of Lake Elmo, -prior to the work being completed. All work shall be completed within .the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract. The contractor shall complete the proposed work by October28, '2011. The Owner will make payment for the whole contract upon acceptance by the Owner ef.all work required hereunder and in compliance with allthe terms and conditions of this contract. TOTAL PROJECT COST (INSERT FROM QUOTE FORM): $49,367.00 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. IF Lel ((.ontraelot) Darde3. MKreue President City of Lake Elmo, Mmnasont (City °flake El)flo) Groncrat Conditions for Small Contract5 Page 1 of 2 GENERAL CONDITIONS T. CHANGES 1N WORK, - The Owner may at any time, make change in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order, 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspeetion, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. COMPLETION OF WORK. - If the Contractor refines or fails to complete the work within the time specified in paragraph B of this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS, - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attaohed to or may subsequently attach to the property, or interest of the Owner, NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only If in writing. VIE, CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials, VIE WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IDEMNIF1CATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS' COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation, XL LIABILITY INSURANCE REQUIREMENTS. — A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance polioies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if neeessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000, The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. City of Lake Elmo, Minnesota General Conditions for Small Contracts Page 2 of2 CITY OF LAKE ELMO DOWNTOWN SIDEWALK MAINTENANCE QUOTE FORM FOR ESTIMATED QUANTITIES September 23, 2011 SAW CUT PANEL PANEL CRACK TRIP HAZARD SPAWL REPLACEMENT OVERLAY ADDRES0 3 6 81 (SF) 70 (LF) PATCH (SF) (SF) 3549 LLAKE ELMO AVENUE AKE ELMO AVENUES SEAL (LF 972 3537 LAKE ELMO AVENUE 36 28 5 3521 LAKE ELMO AVENUE 8 13 2 63 3515 LAKE ELMO AVENUE 39 16 1 77 3511 LAKE ELMO AVENUE 7 25 24 438 3479 LAKE ELMO AVENUE 22 5 96 3476 LAKE ELMO AVENUE 3459 LAKE ELMO AVENUE 9 30 3442 LAKE ELMO AVENUE 60 3394 LAKE ELMO AVENUE 26 2 16 3390 LAKE ELMO AVENUE 7 ADDED WORK S OF UP RR TRACKS 42 16 264 TOTAL ESTIMATED QUANTITY 237 LF 178 LF 118 SF 1086 SF 5B5 SF $49.00 LFI $20.00 LFI $54.00 SFI $17.00 SFI $16.00 SF UNIT PRICE (PROVIDED BY CONTRACTOR) 'TOTAL ESTIMATED COST (FOR EACH TYPE OF CORRECTION) TOTAL ESTIMATED COST FOR PROJECT (INSERT TOTAL PROJECT COST ON PAGE 1 OF THE CONSTRUCTION CONTRACT) $49,367,00 585 I L.$ $3,560.00 $6,372.00 $18,462.009.360.00 TKDA Project No. 14816.005 AYOR & Compwcommuvp1TigN, DATE: REGULAR ITEM #: MOTION AGENDA ITEM: Kindred Court Drainage Corrections — Award Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Superintendent Tom Bouthilet, Finance Director 10/4/2011 14 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider the award of a contract for the Kindred Court Drainage Corrections. Contractor quotes will be received by the City Engineer on Monday, October 3, 2011, Quotes have been requested from T.A. Schifsky & Sons, Inc. and Hardrives, Inc. and a recommendation for award may be presented at the October 4, 2011 City Council Meeting. BACKGROUND INFORMATION AND STAFF REPORT: The Kindred Court Drainage Corrections are needed to restore positive drainage to a section of roadway that retains storm water runoff. The storm water ponding along the roadway edge has created significant deterioration of the street and results in an icing safety hazard during the winter months. The ponding is a result of a localized roadway settlement in a relatively flat graded area. At the June 7, 2011, City Council Meeting, the City Engineer was authorized to prepare Plans and Specifications and to obtain quotes to correct this issue, The Plans and Specifications were completed and distributed to local qualified contractors. An onsite meeting was held with T.A. Schifsky & Sons, Inc, and Hardrives, Inc, to review the project scope and identify expectations for the project. Both contractors expressed interest in the project and expressed the ability to complete the work this year. A project budget was provided at the June 7 City Council meeting in the amount of $44,500. The post design Engineer's Estimate for construction is $27,000. The engineering for design and construction services is estimated at $6,200. Should the city receive favorable quotes and the Council chooses to award the project; staff will immediately issue a Notice to Proceed and conduct a preconstruction meeting to initiate the construction work, The completion date for this Contract is November 4, 2011, page 1 -- City Council Meeting ) ,..Kindred Court Drainage Corrections October 4th, 2011 Award Contract Regular Agenda Item # 14 The Kindred Court Drainage Correction work includes the reconstruction of the roadway segment to restore positive drainage to the intended outlet. This work consists of removal of the pavement and aggregate base in sections of the street, testing of the underlying soils (and correction of the soils if necessary), and lowering the street outlet and gutterline of the curb to gain an approximate 1% grade. The street will then be rebuilt with aggregate base and a 3-inch bituminous surface, including new bituminous curb. The corrective work is to be done on approximately 190 feet of the southern cul-de-sac of Kindred Court, CONSIDERATION OF RAIN GARDENS: Consideration was given for an alternative solution using a localized ram garden and curb cut to drain the ponded street segment together with additional rains gardens to capture a significant portion of the contributing runoff, By draining the street at the new low point the street base and subgrade could be left in place, leaving only the need to restore the bituminous surface. The rain gardens would require excavation in the boulevard, the center island, and at the discharge outlet with a series of catch basins, storm sewer and under drains. City staff contacted the property owner where the rain garden would be installed and the resident communicated no interest at this location. In addition, this location presented several difficult challenges with mature trees, existing sidewalk and existing utilities all competing for the limited boulevard. A preliminary cost estimate indicated no savings over the street reconstruction alternative. Due to these reasons this alternative was not further pursued. FUNDING: As presented by the City Engineer at the June 7, 2011 City Council Meeting, the Kindred Court Drainage Corrections are considered a maintenance activity. Therefore, no property assessments are recommended. Funding for this project has been added to the bond issuance for the 2011 Street and Water Quality Improvements. RECOMMENDATION: Based upon the above staff report, the City Council is respectfully requested to consider awarding a Construction Contract for the Kindred Court Drainage Corrections, The suggested motion to approve this action is as follows: "Move to Approve the Award of a Contract for the Kindred Court Drainage Corrections to ,Inc. in the amount of $ Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Approve the Award of a Contract for the Kindred Court Drainage Corrections to ,Inc. in the amount of $ Ins amended and/or modified at tonight's meeting'," -- page 2 -- City Council Meeting October 4th, 2011 ATTACHMENTS: 1, Contract Sent to Contractors 2. Quote Form Sent to Contractors SUGGESTED ORDER OF BUSINESS.' Introduction of Item ............ „.„ Report.......... ....... , ...... ...... . Questions from Council to staff Public Input (if appropriate) Call for Motion Discussion ......... ..„.„„.........„.... Action on Motion .„..., ......... KindreL :lurt Drainage Corrections Award Contract Regular Agenda Item # 14 ...... ......... . ..... „...,......... City Administrator ........... ........ ......... ...... ............. City Engineer Mayor Facilitates ... ..,...... ........ ...... Mayor Facilitates Mayor & City Council ............ ,,,,........„ ....... Mayor Facilitates ..... ..... Mayor & City Council -- page 3 -- State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE KINDRED COURT DRAINAGE CORRECTIONS PROJECT This Contract, made this day of 2011, by the City of Lake Elmo, Minnesota (herinafter called the "Owner") and (hereinafter called the "Contractor"). WITNESSETH that the parties hereto agree as follows: (A) The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: The goal of this project is to correct a pothole that holds water in the streets and to achieve positive drainage from STA 1+22 to STA 2+53 per the attached plan and profile dated September 29, 2011. The scope of work under this contract is for a complete project in accordance with the plan dated September 29, 2011, for the Kindred Court Drainage Corrections Project. The major work items include the removal and disposal of bituminous pavement, common excavation, localized subgrade correction, placement of aggregate, bituminous paving (including 4" or 6" bituminous curb), concrete driveway construction, and sodding. The work is to be done on Kindred Court and contained within the half of the street as identified on the attached plan. All disturbed areas are to be restored to preconstruction conditions and all construction debris is to be removed after completion of the project. Contractor is to provide 48 hour notice to impacted residents prior to closing off access during construction of concrete driveways. Access shall be allowed to residents at all other times during the project. Actual quantities will be measured and paid per the unit price provided in the quote form completed by the Contractor. No additional work in excess of the estimated quantities listed on the quote form will be paid unless approved by the City of Lake Elmo, prior to the work being completed. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract. The contractor shall complete the proposed work by November 4, 2011. The Owner will make payment for the whole contract upon acceptance by the Owner of all work required hereunder and in compliance with all the terms and conditions of this contract. TOTAL PROJECT COST (INSERT FROM QUOTE FORM): IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Contrac(or) (City o City of Lake Elmo, Minnesota General Conditions for Small Contracts Page 1 of 2 GENERAL CONDITIONS CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order", No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction, 111. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in paragraph B of this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work; in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII, CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII, WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX. IDEMNIFICATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS' COMPENSATION INSLTRANCE. - Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. XI, LIABILITY INSURANCE REQUIREMENTS. — A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000, The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. City of Lake Elmo, Minnesota General Conditions for Small Contracts Page 2 of 2 r: CITY OF LAKE ELMO KINDRED COURT DRAINAGE CORRECTIONS QUOTE FORM FOR ESTIMATED QUANTITIES ITEM NO, ITEM UNIT KiNkiRE6cdpORT DRAINAGE cprikkqT!ON,, September 29, 2011 UNIT PRICE TOTAL AMOUNT MOBILIZATION LS 1 $0.00 2 SILT FENCE LF 25 $0.00 3 SAWCUT PAVEMENT (ALL TYPES) LF 251 $0,00 4 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT SY 262 $0.00 5 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (FLUME) EA 1 $0.00 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS) SY 60 $0,00 7 COMMON EXCAVATION (CV) CY 8 SUBGRADE CORRECTION SY 109 83 9 SUBGRADE PREPARATION RS 10 2360 TYPE LV3 BITUMINOUS NON -WEARING OURSE TN 11 2360 TYPE LV4 BITUMINOUS WEARING COURSE TN 12 BITUMINOUS MATERIAL FOR TACKCOAT GAL 13 3"CONCRETE DRIVE 14 CLASS 5 AGGREGATE 15 CLASS 3 RIP RAP VV/GEOTEXTILE FABR 16 DITCH GRADING 17 TOPSOIL BORROVV 18 SODDING 2 36 22 13 $0.00 $0.00 $0.00 $0.00 $0.30 $3.30 SY 60 $3.03 TN 91 $3.00 CY 4 $0.03 LF 26 $0.03 CY 30 $0.00 SY 121 $0.00 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: Bruce Messelt, City Administrato REVIEWED BY: Sharon Lumby, City Clerk DAIE: 10/4/2011 REGULAR ITEM #: 15 MOTION Appointments to Lake Elmo Library Board SUMMARY AND ACTION REQUESTED: It is respectfully requested that the City Council approve appointments to the Lake Elmo Library Board. BACKGROUND INFORMATION: At July 19th meeting, the City Council approved Resolution No. 2011-029, establishing a public library system, authorizing a library levy, and establishing a public library board for the City. Pursuant to Minnesota Statues 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. • The initial Library Board will have two residents of the City each appointed for a one- year tem, 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. • Said appointments will be effective on January 1, 2012, or a date to be determined by the City Council. • All terms will be for three years, commencing on October 10 of the year the term begins with Library Board member allowed to serve no more than three consecutive three-year terms. STAFF REPORT: Staff has received letters/indications of interest from the following: Judy Gibson Rosemary Meier Jenna Weis Paul Ryberg Steve DeLapp Larry Green Judith Blackford Sarah Linder -- page 1 -- City Council Meeting Appointments to Library Board October 4th, 2011 Regular Agenda Item # 15 RECOMMENDATION: Based upon express desire to serve and a random selection to vacant positions (pursuant to Statutes), it is recommended that the City Council appoint: two residents for a one-year term, two residents for a two-year term and one resident for a three-year term and one Council member. "Move to appoint Steve DeLam and Sarah Linder for one-year terms on the Library Board" "Move to appoint Larry Green and Jenna Weis for two-year terms on the Library Board" "Move to appoint Judv Gibson for a three-year term on the Library Board" It is also recommended that the following individuals be appointed as Alternates to the Library Board: "Move to appoint Rosemary Meier, Paul Rvberg and Judith Blackford as Alternates to the Library Board." The City Council may also appoint up to one position on the Library Board. Alternatively, the Council may wish to appoint a Council Liaison to the Library Board. Move to appoint Council Member ATTACHMENTS: None as City Council Liaison to the Library Board" SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... . ..... ..................... ...... ...,..... ..... ...... .....,... City Clerk Call for Motion ............. . ...... ....... „„..... ....... Mayor & City Council Discussion ..... ,...,........ ..... ....................................... ,...„..„.,..Mayor Facilitates Action on Motion. Mayor & City Council page 2 — cmOF LAKE ; ELMO MAYOR & COUNCIL, cOMMUNICATION, DATE: REGULAR ITEM #: MOTION 10/04/2011 16 AGENDA ITEM: Well No. 2 Chlorination System Addition — Reject Quotes and Consider Project with City staff coordinating the Equipment Purchase and Installation SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Bruce A Messelt, City Adrninistrato REVIEWED BY: Ryan Stempski, Assistant City Engineer Mike Bouthilet, Public Works SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to reject the quotes received on September 1, 2011, and consider authorizing staff to proceed with the purchase and coordination work for the installation of a new chlorination system for Well No. 2, in an estimated material and installation amount of $30,000. BACKGROUND INFORMATION AND STAFF REPORT: Over the course of the past year, the Well No. 2 water supply system returned periodic positive tests indicating a presence of coliform bacteria in the water supply. In each case, the Lake Elmo Public Works staff has worked diligently with the Minnesota Department of Health to quickly correct the problem. As a long-term response to this issue, it is staff s recommendation to voluntarily chlorinate the water supply at Well No. 2 on a more permanent basis. Wellhouse No. 2 was initially designed and constructed with the anticipation that chlorination addition would someday be required. Therefore, the existing facility already has a chorine ready room and requires only the purchase and installation of the chemical feed equipment at this time. To meet recent safety standards implemented by OSAH additional safety equipment is necessary for a compliant project. Specifically the work includes furnishing and installing chlorination feed equipment, combination emergency shower and eye wash unit, water tempering equipment and electric hot water heater, and all piping, plumbing, electrical work and controls for a complete functioning system. On September 1, 2011, staff received three Contractor quotes to furnish and install all the equipment and components required for a complete, functional chlorination system in Wellhouse No, 2. These quotes were based upon the Plans and Specifications prepared by TKDA and dated -- page 1 -- City Council Meeting Well No. 2 Chlorination System Addith— Accept Quotes and Award Contract October 4th, 2011 Regular Agenda Item # 16 August 19, 2011. Three quotes were received from qualified Contractors in the amounts of $43,334, $53,650, $54,700. In staffs opinion, the low quote remained substantially higher than anticipated for the project. Therefore, staff did not immediately bring these quotes forward for consideration by the Council. After reviewing the project scope in detail and contacting various contractors and suppliers it is staffs opinion that the work can be accomplished more economically by having City staff coordinate the purchase and installation work by acquiring quotes directly from the equipment suppliers and various contractors. The work includes a Chlorination System with booster pump, electrical, plumbing, controls, and safety equipment to meet State OSAH requirements and the requirements of the Minnesota Department of Health (MDH). The work also requires staff to submit and receive a permit for the project through the Minnesota Department of Health. The attached work plan provides an outline of the major equipment needs together with the various equipment quotes received to date. RECOMMENDATION: Based upon the above staff report, the City Council is respectfully requested to reject the quotes received on September 1, 2011, and consider authorizing staff to proceed with the purchase and coordination work. The proposed motion to approve this action is as follows: "Move to reject all quotes received on September 1, 2011 for the Well No. 2 Chlorination System Addition Project, and authorize staff to proceed with the purchase and coordination work for the installation of a Chlorination System for Well No, 2, in an estimated material and installation amount of $30,000." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action, If done so, the appropriate action of the Council following such discussion would be: "Move to reject all quotes received on September 1, 2011 for the Well No. 2 Chlorination System Addition Project, and authorize staff to proceed with the purchase and coordination work for the installation of a Chlorination System for Well No. 2, in an estimated material and installation amount of $30,000." [as amended and/or modified at tonight's meeting]." ATTACHMENTS: . Well No. 2 Chlorination System Addition — Proposed Work Plan -- page 2 -- City Council Meeting October 4"I, 2011 11 No. 2 Chlorination System Addition — Accept Quotes and Award Contract Regular Agenda Item II 16 SUGGESTED ORDER OF BUSINESS: Introduction of Item/Report ..... City Engineer/Public Works Superintendent 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 3 -- CITY OF i&k'E ElMU \ � FOCUSENGINEERING, ^ WELL NO, 2CHLORINATION SYSTEM /\OD|TON PROPOSED WORK PLAN RE: September 29,ZOl1 CHLORINATION FEED EQUIPMENT * Vacuum Operated Gas Feed System w/4wtonoa1ioSm/bchmver • Vacuum Regulator • Automatic SvvitchoverModule 0 Automatic Gas Control Valve • Ejector w Tubing and Fittings v Dual Electronic Cylinder Chlorine Scale * Booster Pump, piping &fittings CoraGeheren P.E. Jack Griffin, P.E Ryan Stempski, P.E. CHLOR|NEGAS DETEC70R $ 1,631 AUTOMATIC FLOW PROPORTIONAL CONTROL VALVE $ 2,250 AUTOMATIC CONTROL VALVES FOR CHLORINE CLYINDERS Optional Not Included: * Electrical • Wiring otBooster Pumps • 115VP|ug-in for Gas Detector " 115VP|ug'1n for Flow Proportional Control Valve w SCA0#(Telemetnd w Signal wire tu Booster Pump m Signal wire toGas Detector • Signal wire toFlow Proportional Control Valve ° NNXSC • Sales Taxes on Equipment (if applicable) m Taps on Main Discharge Line = Added Tubing and Fittings � ?? � 7Y EMERGENCY PLUMBING FIXTURES 8,990 * Combination emergency shower and eyewash unit * Water Tempering Equipment w Electric Hot Water Heater * Piping and Fittings (core and sea] walls) p Water Supply toExisting Eyewash (Fluoride Room) * Install floor drain (Chlorine Room) Estimated Total Equipment Purchase and Installation Costs: $19,231 * Plus Electrical (estimated —noquote received) $ 2,000 ° Plus SC4D4(estimated — quote pending) $ 3,000 = Plus MiSC(estimated —npquote received) $ 2,080 ° Contingency Fund —2QY6 $ 2,500 TOTAL ESTIMATED INSTALLATION COSTS $28,800 651.300.4261 651.300.4264 651.300.4267 CITY LAKE ELMO AYOF? & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: DISCUSSION/ACTION Update Re: Library Establishment — Discussion/Action City Council (Follow-up from September 27th Meeting) Bruce A. Messelt, City Administrator NA - 10/04/2011 17 SUMMARY AND ACTION REQUESTED: 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. City Council action on specific items may be requested (on the attached), depending upon the status of research and preparation efforts BACKGROUND INFORMATION & STAFF REPORT: On September 20th and 27th, 2011, the Lake Elmo City Council directed City staff to undertake certain actions in preparation of establishing a municipal library, effective January 1st, 2012. A current listing of these action items is attached. 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 addressed the County Library Budget on August 16th, 2011 but did not provide a formal response to its request for clarification regarding both resident access to County libraries and contracting for library services. On September 13th, 2011, the Lake Elmo City Council voted to include in its Preliminary 2012 Levy a Library Levy in the amount of S260.078. Washington County passed its Preliminary -- page 1 -- City Council Meeting Upue Re: Library Service Considerations October 4th, 2011 Regular Agenda Item # 17 2012 Levy without inclusion of the same amount, which would have been collected from Lake Elmo property tax owners, Immediately prior to and subsequent to this action, meetings have been held to further define the options available to the City and steps now required to establish and/or maintain library services in Lake Elmo. Prior to these actions, several formal meetings and informal discussions among City and County officials have led to an understanding that long-term County provision of full 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, 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 Council direction is also recommended, should the City Council wish to proceed with specific actions. -- page 2 -- City Council Meeting Update Re: Liorary Service Considerations October 4th, 2011 Regular Agenda Item # 17 ATTACHMENTS: Task Listing SUGGESTED ORDER OF BUSINESS: Introduction of Item & Brief Staff Report .„„„.... ..... ..... City Staff Questions from Council to Staff ..... Mayor & City Council Public Input, if Appropriate ........ ...... ............. . ..... „Mayor Facilitates Discussion Mayor & City Council Action ...... „.. ............ ...... , ....... „, ..... ...... ,„,.„Mayor Facilitates -- page 3 -- LIBRARY CONSIDERATIONS — Septe' Proposed Mission Elements for Lake Elmo Library and Programs To provide Library materials and services for Lake Elmo Residents i. Emphasis on Children's and Adult/Senior Collection ii. Emphasis on current periodicals and Best Sellers iii. To facilitate community -based programming opportunities To provide Electronic Library Services for Lake Elmo Residents i, Emphasis on Computers and Internet Access ii. Emphasis on E-books, DVDs, CDs, Books on Tape, etc. iii. To facilitate other E-based programming opportunities To provide full Integrated Library Services to requesting Lake Elmo Residents i. Preliminary Plan — Reimbursement for Non -Resident access to MELSA iL Full Plan — Integrated Library Services at Lake Elmo Library 11. Start-up Considerations itktitbnrilation4o4rOceett 4 COMParisonfand,asSOCiatedneed costs for speoific facihty options i. Rented facility — Existing Library Building ii. City -owned facility — Lake Elmo Arts Center - Library Board: Completion of solicitation of Interested Citizens Applications October 4-th ii. Drafting of Bi-Laws CoJlection orizgim- o sodonation of books,.:11.16 a shelves, i. Use of Friends of Library to facilitate ii. Begin collection cataloguing ir iiicing--of":`,Opening_Day'r'.;:CollectiOn of current periodicals and books iv. Use of willing partners to augment with additional donations IT: Authorization to proceed with pricingof Internet;:COMPluterS;'SOftware i, Recommend new computers ii. Consider local cataloguing system versus ILS system iii. Contact possible corporate partners Technical Support -rAult paze solicitation of technical support Quotes for consultant ii. Continue to explore partner/contract options iii. Consider staff needs from January 1st on iv. Prepare Volunteer staffing plan ngs - 113Udget:_ Continue_foRefine/Prepare Budget i. Prepare Accounting System for Library Activities for Council review ii, Prepare Cash -flow plan for Library budget for Council review 11. Other Considerations - Request State Librarian/MELSA Facilitation with Washington County D_raft - Request clarification from Washington County on process for ILS access '-'COMPleted - Consider alternative options for contracting/affiliation/association - Timeline for Above Tasks: October 4th, 2011 for Council Update/Action CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 10/04/20 11 REGULAR & CLOSED SESSION ITEM #: 18 DISCUSSION/ACTION AGENDA ITEM: Discussion/Action on Personnel Matters SUBMITTED BY: Request of Mayor and City Council THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: This item has been scheduled as a follow-up to recent Mayor and City Council discussions regarding personnel matters. It is respectfully requested that the City Council address the following topics: 1. Update/Direction on Interim City Administrator/City Administrator Search 2. Closed Session Re: Personnel Matter/Finance Departrnent/Springsted Study BACKGROUND INFORMATION & STAFF REPORT: This item has been scheduled at the request of the City Council to address certain personnel matters, Specific Council action or direction emanating from this Agenda Item will be discussed at the Meeting. Additional information will also be distributed prior to or at the time of the Meeting. RECOMMENDATION: It is respectfully requested that the City Council discuss, provide direction, and/or act upon certain personnel matter, to be presented at tonight's meeting. ATTACHMENTS: None, Additional information will also be distributed prior to or at the time of the Meeting. SUGGESTED ORDER OF BUSINESS: - Introduction/Presentation of Item ............. ...... .......... °City Clerk/City Attorney - Discussion Mayor & City Council -- page 1 -- / City Council onPersonnel K0attxr October 4th, 2011 Regular Agenda Item # 18 Public Input, if Appropriate Discussion ooItem #} ..... Direction/Action 0nItem #1 Motion 1oClose Session ... Direction/Action on Item #2 Motion to Open Session ..... - Summary ofClosed Session Mayor Facilitates Mayor Facilitates _,.~_,,~,._,,,,,,,,,. Mayor & City Council .,,,.,,,,,,._,,,,,,,,,,.Mavor & City Council Mayor Facilitates ........................................... Mayor & City Council City Clerk/City Attorney — page 2—