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10-19-2010 Packet
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota October 19, 2010 6:45 p.m. Interview Ap licant for Park Commission 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: - - C. ATTENDANCE: Johnston DeLapp 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. APPROVE MINUTES: la. Approval of the Minutes from the October 5,2010 _ Meeting lb. Approval of the October 5, 2010 City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion: Items may be removed at City Council's request.) 2. Approval of Payment of Disbursements and Payroll 3. Easement Encroachment Agreement for 4861 Lilac Place N. 4. Consideration of Appointment of Pam Hartley to Parks Commission 5. 42nd Street Mill and Overlay Final Payment 6. Fire Department Shared Service Assessment - Resolution No 2010-059 REGULAR AGENDA: 7. Zoning Text Amendment — Interim Use Permit General Requirements, Ordinance No, 08-032 Resolution No. 2010-053 8 Zoning Text Amendment - Holding Districts, Resolution No. 2010-054, Ordinance No. 08-033 9 Interim Use Permit — Cranky Ape, Resolution No. 2010-055 10 Blue Star Project — Resolution No. 2010-056 — Authorization Project Submittal 11 FY 2010 Third Quarter Financial Report 12 2010 Street Improvement Bond Financing; Resolution No. 2010-057 13 Recommendation for 2004 Bond Refinancing; Resolution No. 2010-058 K. REPORTS AND ANNOUNCEMENTS: :(These erbaLupdates and do not have to -be fOrmally added to the-agenda;)-7 • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting. _ - City of Lake Elmo City Council Minutes October 5, 2010 Mayor Johnston cal ed the meeting to order at 7:12 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park andSmith Also Present: Administrator Messelt, City Engineer Griffin, Attorney. Snyder, Attorney Baker, Planning Director Klatt, Project Asst. Kriegler, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: CouncilMember Smith moved to approve the Octohcr 5. 2010 City Council agenda as amendedbyadding 2a. Approval of supplemeliial claims* Council Member Park seconded the motion. The motion passed 5-0. APPROVED MINUTES: „ The 'September 21, 2010 City Council minutes are a.pproved by consensus. •.PUBLIC COMMENTS/INQUIRIES: None!, CONSENT AGENDA: MOTION: Council Member-T5eLap o4hprove the Consent Agenda. Council Member Smith seconded theiitOtio#':::T e biz passed 510. • Approve payment u „en ts and payroll in the amount of S281,307.62 • Approveplayment of diOursenients and payroll in the amount of $1,538.07 • AuthorizeSartial Paym4it No. 2 to T.A. Schifsky in the amount of S178,076.80 to be paid frditithe PrOj4ct Fund for the 2010 Street & Water Quality , Improvements Project • Award a contract f6r the 2010 Crack Seal Project to Gopher State Sealcoat, Inc. in the amount of $12,420 Authorize American Engineering Testing, Inc. to perform Geotechnical Services for the 2011 Street and Water Quality Improvements in the amount of $5,600 • Authorize American Engineering Testing, Inc. to perform Geotechnical Services for the 2011 Municipal State Aid Improvements in the amount of $4,500 • Approve the proposed CIP Program Adjustment for vehicle replacement, as recommended by the Maintenance Advisory Committee (reprogram the replacement of the Fire Duty car to 2010 and simultaneously reprogram the replacement of the Public Works pick-up truck to 2011.Approve updating city's vehicle inventory and utilization data, etc. and prepare a report for MAC consideration and Council review and affirmation LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 • Request for Street Assessment Deferred, Jim Fish, 2267 Legion Lane REGULAR AGENDA: Sunfish Lake Park Area Imnrovements/Eagle.Scout nroiect nresentation The City Council was asked to authorize expenditures related to Sunfish Lake Park parking area improvements. Two Eagle Scout candidates, Kyle Yarusso and Chris AmundsOri; :are proposing construction of information kiosks. The Park Commission unanimously supported the proposed improvements and associated expenditures. MOTION: Council Member Smith moved to authorize expenditures related to Sunfish Lake Park parking area improvements and 'construction of two information kiosks at DeMontreville Wildlife Area at a cost not to exceed $22,440.00, ;f:.t.`*:Ouncil Member „Emmons seconded the motion. The motion passed 5-0. Lake Elmo Inn Zoning Text Amendment. front and sidesetbacks, Cieneral BuSiness in Old Village Area: Resolution No. 2010-049, Ordinandf No. 08-030 The City Council was asked to consider zoning te,44171,ndrh, Onts to the General Business District regulationin the Zoning Ordinance. This ibq't.IpSt originated as a variance applicationfrom the Lake Elmo Inn to allow theconstriiction of a new enclosed patio seating structure in place of the easting fabric tentthatcurieritly exists in front of -the restaurant, but has been revised instead to amend zoning regulations for all properties in the Old Village area zoned GB. Thebusiness IStistrict, nor would additional parking be provided for the additionalieiting ar ,The proposed zoning zoningstext amendnients would specifically amend the General Business District as follows,: " Creating 6];Second front!.*Th d side yard setback requirements f 0 feet (no special setback reqilirOd) for properties located south of Minnesota State Highway 5 in the Old Village Allowing the Zoning Administrator to.Waive the parking requirements for proeprties located in the Old Village area south of CSAH 5. Referencing the distraction of the "Old Village District" used in the Sign Ordinance. MOTION: Council Member DeLapp moved t adopt Ordinance No. 08-030 amending the GB -General Business District regulations for parking and setbacks I the Old Village District. Mayor Johnston seconded the motion. The motion passed 5-0. MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-049 authorizing summary publication of Ordinance 08-030. Mayor Johnston seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 2 Avricultural Sales Business — Consideration of Ordinance Amendment Alternatives., Resolution No. 2010-050. Ordinance No. 08-031 The City Council was asked to consider a recommendation from the Planning Commission to amend certain sections of the City Code pertaining to Agricultural Sales and Agricultural Entertainment Businesses. The Commission is recommending that these types of activities be regulated as an interim use via and interim use permit in the zoning districts in which they are allowed, and that the Council consider several other revisions to the agricultural use standards in the code:as outlined in the ordinance: The Planning Director presented the three alternative ordinances as a potential response to the issues associated with the City's current agricultural sales and agricultural entertainment regulations. Mayor Johnston notes that, while alorriaal public hearing,:at the Planning Commission, the City Council normally provides time ,for''Comtne . . Neil, John and Deb Krueger, 4452 Lake Elmo AYOSife and owners- of Krifegers' Christmas Tree Farm, thanked the Council for the pen discussion, review of options and ,.„. recommended -Council approval of Option L CounCAFgOnsideration.was asked for Item #14,,.pg 3, regarding Christmas tree lnspectlons and inclii‘on- of some sort of Green Acres requirement. Questions were raised from the following residents regarding Option 1: Renewal of permits, definition of auxiliary andiiow does the adoption of Option 1 affect Country Sun Farms. Keith Bergmann, 5833 Lake Greenhouse venue N., Co-owner of Country Sun Faun & Anthony Sanders, Institute fOrr, Aistice;kttorney Carl Myhra, 456‘anning Aver* Kaye Hilpisch, 10732S: tillwate014, Attorney Snyder explainathere is an application process for an Interim Use Permit; staff would discuss particulars of each specific case, based upon the criteria allowed by the ordinance, if the proposed changes were approved. Mayor Johnston emphasized that, while not a public hearing, public comment was to provide for additional comment and input, not to answer case -specific questions. Rather, these should be addressed to City staff and, ultimately, to the City Council via an Interim Use Permit application. MOTION: Council Member DeLapp moved to adopt Ordinance 08-031A by the City Council at tonight's meeting - including the specific Findings of Fact and changing Item No. H from 20 acres to 40 acres - thereby amending the City's agricultural use definitions and regulations. Included in this Motion is adoption of Resolution No. 2010- 050 for Summary Publication. Council Member Smith seconded the motion. LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 Administrator Messelt recommended not including Findings of Fact No. 14 and former Item No. S relating to Christmas Tree certification. Staff will continue to review issues regarding such certification processes and related health and safety standards for all agricultural products. Staff could also continue to research Green Acres provision options. .MO1 ION: Council Member Emmons moved to amend the motion as follows: 1) Item No. L - Strike words "25% of the site ot" [sic] and "whichever is less"; 2) Delete Item No. S of the draft version published on October 1st, relating to Christmas Tree certification and inspection; and 3) Delete Findings ofFact #14, page 3 relating to Christmas Tree certification and inspection. Council Member DeLapp seconded the motion: The motion to amend passed 5-0. MOTION: The motion to adopt Ordinance No. 08-031A andResoluhon No. 2010-050, as amended, then passed 5-0.. The Administrator noted that the Interim Use Permit-*e structure, whieh will include a one-year phase in fee, will come to the Council fpr 4pprovat b th*nning of 2011. 'VP Old Village Water Ouality Plantings at 351-0:Laveme .Avenue N. The City Council was asked to consider auto in the amount of $515 to provide water quality plantingsat 3570 Laverne: -Avenue N. The water quality plantings are recommended by Valley l3ranch Waersbedipistrict and Washington Conservation District in an effort to partially mitigate a re7occurring drainage issue on this Old Village Area property MOTION: CouncV'Mthnhcr DeLapp.inm'cd to authorize payment by the City of Lake Elmo in the amp* of $1,0304n wateii''quality plantings for the property at 3570 Laverne Avenue N with a0_0% ($515) reirnbursement by the VBWD at project completion. Council Member Path,seconded the motion: The motion passed 5-0. Revisions to 1-94 Corridor Joint Powers Agreement MOTION; Council Member Emmons moved to adopt Resolution No. 2010-051 authorizing revisions to the 1-94 Corridor Joint Powers Agreement. Council Member Smith seconded the motion, MOTION: Council Member DeLapp moved to amend Resolution No. 2010-051 by eliminating certain WHEREAS clauses and replacing them with new language. The motion to amend failed for' lack of a second. The original Motion passed 4-1 (Council Member DeLapp voting no). LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 4 The Council adjourned the meeting at 8:30 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 5 City of Lake Elmo City Council Minutes October 5, 2010 — Special Meeting Mayor Johnston called the Special Meeting of the Lake Elmo City Council to order at 6:30 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith Also Present: Administrator Messelt, City Attorney Snyder, Attorney Baker and Planning Director Klatt City Attorney Synder explained the Agenda and purpose of theNecial Meeting was to meet in Executive Session pursuant to Minnesota State StatuteSio discuss litigation strategies relating to Bergmann et al versus the City of Laket ing,et al. APPROVAL OF AGENDA: MOTION Council Member DeLapp moved to approve ille agenda ofthe October 5, 2010 City Council Special Meeting and to enter into Exeeutive Session. Council Member Smith seconded the motion. The motion PaSse' 5-0 DISCUSSION: Discussion ensued itaxecutive Session regarding current litigation proceedings and litigation -strategies rlating toergmann et al versus the City of Lake Elmo et al. T..- MOTION: Counci . Emmons moved to close the Executive Session. Council Member Smith seconded the niption'the motion passed 5-0. The Special Meetiri and Exe‘tive Session of the Lake Elmo City Council ended at 7:03 PM. SUMMARY OF EXECUTIVE SESSION: Legal Counsel John Baker summarized the proceedings of the Executive Session held at 6:30 PM regarding legal strategies relating to Bergmann et al versus City of Lake Elmo et al. The City Council received an update on the current status of legal proceedings and discussed legal strategies. No specific action or direction was provided to Legal Counsel during or following the Executive Session, The Council adjourned the meeting at 8:30 p.m. Respectfully submitted by Bruce Messelt, City Administrator LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 Special Meeting CITYOF i LAKE : ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/19/2010 CONSENT ITEM 4: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 219,288.99 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED -BY: City Staff SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the. City Council is asked to approve disbursements and payroll in the amount of $ 219,288.99. 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 Elrno has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. titait Dcscription 36209 S 175.00 MN State Fire Chief Assoc. Special Run Check 36210 — 36254 $ 219,113.99 Accounts Payable Dated 10/19/2010 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll October 19th, 2010 Consent Agenda Item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $ 219,288.99. 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 October 19th,-2010 Disbursement and Payroll, as Presented [and modified.' herein." ATTACHMENTS: 1, Accounts Payable Dated 10/19/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Affenda): Questions from Council to Staff „...... ..... ..............., ......... ....... Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... .......„...... ............. . ....... ..... ...... . ..... Mayor & City Council Action on Motion__ ..... ..... ............ ...... „Mayor Facilitates -- page 2 -- Accounts Payable To Be Paid Proof List User: Joan z Printed: 10/14/2010 - 1:02 PM Batch: 004-10-2010 invoice # Inv Date Amount Quantity Pmt Date Description Reference A1RGAS Airgas North Central 105285974 09/3012010 13.02 0.00 10/19/2010 Oxygen Tank Lease 101-430-3100-43150 Contract Services I 05285974 Total: 13.02 A1RGAS Total: 13.02 Task Type PO # Close POLine # No 0000 ARAM Aramark, Inc. 629-7086789 09/30/2010 22.97 0.00 10/19/2010 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7086789 Total: 22.97 629-7088598 10/04'2010 63.11 0.00 10/19/2010 Monthly Rug Service - Station 41 No 0000 101-420-2220-44010 Repairs/Mai nt Bldg 629-7088598 10104/2010 65.71 0.00 10/19;2010 Monthly Rug Service - Station #2 No 0000 101-420-2220-44010 Repairs/Main t Bldg 629-7088598 Total: 128.82 629-7088599 10/04;2010 98.92 0.00 10/19/2010 Linen City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7088599 Total: 98.92 629-7094984 10/11/2010 46.68 0.00 10/1 9/2010 Linen City Hall No 0000 101-410-1940-44010 - Repairs/Maint Contractual Bldg 629-7094984 Total: 46.68 ARAM Total: 297.39 ASPENMI Aspen Mills, Inc. 100953 09/29/2010 54.03 0.00 10/19/2010 Uniform Nametags No 0000 101-420-2220-44170 Uniforms 100953 Total: 54.03 ASPENM! Total: 54.03 BERKLEY INSURANCE TRUST LEAGUE OF lvfN CITIE 18802 ow 1 sin 1 a 77.00 0,00 10/19/2010 Workers Comp Premium Adjustment - No 0000 101-410-1320-41510 Workers Compensation AP - To Be Paid Proof List (10/14/10 - 1:02 FM) Page 1 Invoice # Inv Date 18802 09/15/2010 101410-1450-41510 Workers Compensation 18802 09/15/2010 101-410-1520-41510 Workers Compensation 18802 09/15/2010 101-410-1910-41510 Workers Compensation 18802 09/15a010 101-420-2220-41510 Workers Compensation 18802 09/15/2010 101-420-2400-41510 Workers Compensation 18802 09/15/2010 101-430-3100-41510 Workers Compensation 18802 09/15/2010 101-450-5200-41510 Workers Compensation 18802 09/15/2010 601-494-9400-41510 Workers Compensation 18802 09/15/2010 602-495-9450-41510 Workers Compensation 18802 09/15/2010 603-496-9500-41510 Workers' Compensation 18802 Total: BERKLEY Total: BURBBLAC Burberl Black Dirt, Inc. 13210 10/06/2010 101-450-5200-42250 Landscaping Materials 13210 Total: BURBBLAC Total: CENCOLLE Century College 391729 10/07/2010 101-420-2220-44370 Conferences & Training 391729 Total: CENCOLLE Total: CLAREYS Clarey's Safety Equipment Inc. 135261 I 0/05/2010 101-420-2220-44040 RepairsfMaint Eqpt 135261 Total: CLAREYS Total: AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Amount Quantity Pmt Date Description Reference 27.00 6,00 20.00 430.00 214.00 439.00 298.00 162.00 43.00 53.00 1,769,00 1,769.00 0.00 10/19/2010 0.00 (maim 0.00 10/19/2010 0.00 10/19/2010 0.00 10/19/2010 0.00 10/19/2010 0.00 10/19/2010 0.00 10/19/2010 0.00 10/1912010 0.00 I0119/2010 Workers Comp Premium Adjusanent Workers Comp Pterniuin AdjuStment Workers Cony Premium Adjustment Workers Comp Premium Adjustment Workers Comp Premium Adjustment Workers Comp Premium Adjustment Workers Comp Premium Adjustment Workers Cornp Premium Adjustment Workers Comp Premium Adjustment Workers Comp Premium Adjustment 25.65 0.00 10/19/2010 Black Dirt 25.65 25.65 3,871.04 0.00 10/19/2010 FFI & Haz Ma ops for 3 3,871.04 3,871.04 333.45 0.00 10/19/2010 Replacement sensors for gas monitors 333.45 333.45 Task Type PO # Close POLine # No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No 0000 0000 0000 Page 2 Invoice # Inv Date Ainoun( Quantity Pmt Date Description Reference Task Type PO # Close POLine # COMCAST COMCAST 09/27/2010 09/27/2010 7.89 0.00 10119/2010 Monthly Service 0000 101-420-2220-44300 Miscellaneous 09/27/2010 Total: 7.89 COMCAST Total: 7.89 CTYBLOOM City of Bloomington September 2010 09/30/2010 40.00 0.00 10/19/2010 Lab Bacteria Tests No 0000 601-494-9400-42270 Utility System Maintenance September 2010 Total: 40,00 CTYBLOOM Total: 40.00 CTYOAKDA City of Oakdale 10000460-01 10/29/2010 13,257.45 0.00 10/19/2010 Water Service 1-94 No 0000 601-494-9400-43820 Water Utility 10000460-01 Total: 13,257.45 CTYOAKDA Total: 13,257.45 CTYROSEV City of Roseville 0210151 11/01/2010 1,551.58 0.00 10/19/2010 Monthly IT Service,s - October 2010 No 0000 101-410-1450 43 180 .Information Technology/Web 0210151 Total: 1,551_58 CTYROSEV Total: 1,551.58 ECKBERG Eckberg Lamers Briggs Wolff 09-2010 09/30/2010 3,756.26 0_00 10/19/2010 Legal Services - Criminal No 0000 101-420-2150-43045 Attorney Criminal 09-2010 Total: 3,756.26 107290 09/30/2010 4,820.00 0.00 10/19/2010 Legal Services - Civil - No 0000 101-410-1320-43040 Legal Services 107290 Total: 4,820.00 ECKBERG Total: 8,576.26 EMMONS A Emmons Alex 10/05/2010 10/05/2010 55.00 0.00 10/19/2010 Cabled CC Meeting - l0r5/20 o No 0000 101-410-1450-43620 Cablc Operations 10/05/2010 Total: 55.00 EMMONS A Total: 55.00 AP - To Be Paid Proof List (10114/10 - 1:02 PM) Page 3 Invoice # Inv Date ENVENTIS ENVENT1S 737500 10/13/2010 101-430-3100-43210 Telephone 737500 Total: 738507 10/13/2010 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: EXCELLCO EXCELLCOM 11076004597 10/01/2010 101-430-3100-43210 Telephone 11076004597 Total: EXCELLCO Total: FERGUSON Ferguson Waterworks S01271059.001 10/06/2010 601-494-9400-42300 Water /vleters & Supplies S01271059.00 Total: SO1272747.001 09/03/2010 601-494-9400-42300 Water Meters & Supplies 501.272747.001 Total: S01275417.001 09/27/2010 601-494-9400-42300 Water Meters & Supplies S01275417_001 Total: FERGUSON Total: HARDDR1V Harddrives, Inc_ 09/20/2010 09/20/2010 409-480-8000-45300 Improvements Other Than 09/20/2010 Total: liARDDRIV Total; HERITAGE Heritage Printing 20069 10/0732010 101-420-2220-42000 Office Supplies 20069 Total: HERITAGE Total: AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Amount Quantity Pint Date Description Reference Task Type PO # . Close POLine # 452.41 0.00 10/19/2010 Telephone/Data Service-PW Oct '10 452_41 564.00 564.00 1.016,41 0.00 10/19/2010 Telephone/Data Service -CH Oct '10 24.99 0.00 10/19/2010 Phone Case 24.99 24.99 5,271_49 0.00 10/19/2010 Water Meters 549.48 0-00 10/19/2010 Water Meters 115.64 0.00 10/19/'20 I 0 WaterMeters 5,27149 2,549.48 115.64 7,936_61 49,534.55 Bldgs 49,534.55 49,534.55 0.00 10/19/2010 Mill & Overlay 42nd Street 73.74 0.00 10/19/2010 Restock Carbonless paper 73.74 73.74 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 0000 Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # KDV Kern DeWerner Viere Ltd 116486 09/30/2010 3,388.50 0.00 10/19/2010 Financial Services - September 2010 No 0000 101-410-1520-43150 Contract Services 116486 Total: 3,388.50 KDV Total: 3,388.50 LEREUEF Lake Elmo Fire Relief Assn. 10/12/2010 10/12/2010 101-420-2250 14920 Fire State Aid 10/12/2010 10112/2010 101-420-2250-44925 City Contribution 10/12/2010 Total: LEREL1EF Total: 36,153_00 0.00 10/19/2(110 State Aid Fire Relief Contribution 17,928.00 0.00 10/19/2010 City's portion of Contr Fire Relief Pens 54,081.00 54,081.00 LINKER Linnet Electric Company, Inc. 21233 10/01/2010 4,428.95 0.00 10/19/2010 Electric Work Council Chambers 411-480-8000-45700 Office Equipment & Furnishings 21233 Total: 4,428.95 UNNER Total: 4,428.95 No 0000 No 0000 ;NJ o 0000 LOFF Leffler Companies- Inc- 1170i531 10/04/2010 257.44 0.00 10/19/2010 Copy MachMes Overage & Base - Oct No 0000 101-410-1940-44040 Repairs/Maint Contractual. Eqpt '10 1170631 Total: 257.44 LOFF Total: 257_44 1v1ARVS Marv's Professsional Tools 230024 10/07/2010 52.19 0.00 10/19/2010 Cut offwheel, pry bar No 0000 101-430-3100-42400 Small Tools & Minor Equipment 230024 Total: 52.19 MARVS Total: 52.19 MENARDSO Menards - Oakdale 6795 09/30/2010 22.61 0.00 10/19/2010 Bang Board Paint No 0000 101-450-5200 14030 Repairs/Maint Imp Not l3ldgs 6795 Total: 22.61 9397 10/0812010 8.42 43_00 10/19/2010 .113 Weld Tire Repair - No 0000 101-450-5200-42150 Shop Materials 9397 Total: 8.42 AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Page 5 Invoice # Inv Date Aniount Quantity Putt Date Description Reference Task Type PO # Close POLine # MENARDSO Total: 31.03 MENARDST Menards - Stillwater 31465 10/05/2010 37.30 0.00 10/19/2010 Restock Flor-Dri 101-420-2220-42400 Small Tools & Equipment 31465 Total: 37.30 MENARDST Total: 37.30 MESSELT M -cselt Bruce 10/05/2010 10/05/2010 46_78 0,00 10/19/2010 Assessment Sub Committee Meeting I01-410-1320-44300 Miscellaneous 10/05/2010 Total: 46.78 MESSELT Total: 46.78 No 0000 No 0000 METCOU Metropolitan Council 0000942778 11/01/2010 1,374.96 0.00 10/19/2010 Monthly Wastewater Service -Nov 2010 * - No 0000 602-495-9450-43820 Sewer Utility - Met Council 0000942778 Total: 1,374.96 METCOU Total: , 1,374.96 METROFIR Metro Fire 39145 09/29/2010 42.85 0.00 10/19/2.010 Helmet Shield No 0000 101-420-2220-42400 Small Tools & Equipment 39145 Total: 42_85 METROFIR Total: 42.85 MILLEREX Miller Excavating, Inc_ 15085 09/30/2010 370.80 0_00 10/19/2010 Grading Gravel Roads No 0000 101-430-3120-43150 Contract Services 15085 Total: 370.80 MILLEREX Total: 370.80 MNFIAM MnFIAM 1030 10/06/2010 269.33 0.00 10/19/2010 6 Books for Fire Ground control No 0000 101-420-2220-44350 Books 1030 Total: 269.33 MNFIAM Total: 269.33 AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine ON ECALL Gopher State One Call 0090637 09/30/2010 210.25 0.00 10/19/2010 Line Locates - September 2010 No 0000 101-430-3100-43150 Contract Services 0090637 Total: 21025 ONECALL Total: 210.25 OVERHEAD Overhead Door Company 66283 09/17/2010 526.30 0.00 10/19/2010 Garage Door Repair (Insurance Claim) - 1 01 -430-3 100-4401 0 Repairs/Maint Bldg 66283 Total: 52630 OVERHEAD Total526.30 PLANTE PLANT HEALTH ASSOCIATES, INC 1023-10 10/11,2010 2,400.00 0.00 10/19/2010 Forester Services - September 2010 101-430-3250-4315.0 Contract Services 1023-10 10/11/2010 72.00 0.00 10/1912010 Forester Services - Development 203-490-9070-43150 Contract Services I 023-10 Total: 2,472.00 PLANTH 2,472.00 PRESSA Anastasia Press 10/12/2010 10/12/2010 101-410-1450-43620 Cable Operations 10/12/2010 Total: PRESSA Total: 41.25 0.00 10119/2010 Cabled CC workshop meeting 10112/10 - 41.25 41.25 No 0000 No 0000 No 0000 No 0000 RIVRCOOP River Country Cooperative 09/30/2010 09/30/2010 319.25 0.00 10/19/2010 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids 09130/2010 Total: 31925 RIVRCOOP Total: 319.25 RID Prince-Rud Diane 10/13/2010 10113/2010 320.00 0.00 10/19/2010 Cleaning City Hall & Annex No 0000 101-410-1940 44010 Repairs/Maint Contractual Bldg 10/13/2010 10/13/2010 240.00 0.00 10/19/2010 Cleaning Fire Hall No 0000 101-420-2270-44010 Repairs/Maint Bldg 10/13/2010 Total: 560.00 RUD Total: 560.00 AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Page 7 Invoice 14 Inv Date Amount Quantity Pmt Date Descrijturn Reference Task Type PO fi Close POLine SAMSCLUB Sam's Club 09/16/2010 09/16/2010 930.04 0.00 10/19/2010 Fall Festival Supplies & Auction Items 204-450-5200-44300 Miscellaneous 09/16/2010 09/16/2010 -15.47 0.00 10/19/2010 Returned Merchandise 204-450-5200-44300 Miscellaneous 09/16/2010 Total: 914.57 2247 10/08/2010 23.88 0.00 10/19/2010 Restock Bottled Water 10 I -420-2220-44300 Miscellaneous 2247 Total: 23.88 SAMSCLUB Total: 938.45 TASCH T.A. Schifsky & Sons Inc 50083 09/30/2010 133.00 0.00 10/19/2010 Asphalt 101-430-3120-42240 Street Maintenance Materials 50083 Total: 133.00 TASCH Total: 133.00 TENNISRO Tennis Ro1l Off, LLC 439560 10/08/2010 1,730.10 0.00 I 0/19/2010 Dumpsters - Code Violation Clean -Up 101-420-2400-44300 Miscellaneous 439560 Total: 1,730.10 TENNISRO Total: 1,730,10 TKDA TKDA, Inc. 000201002824 10114/2010 203-490-9070-43030 Engineering Services 000201002824 Total: 000201002825 10/14/2010 203-490-9070-43030 Engineering Services 000201002825 Total: 000201002826 10114/2010 203-490-9070-43030 Engineering Services 000201002826 Total: 000201002827 1 0/ / 4/20 I 0 203-490-9070-43030 Engineering Services 000201002827 Total: 000201002828 10/14/2010 413-480-8000-43030 Engineering Services 000201002828 Total: 000201002829 10/14/2010 415-480-8000-43030 Engineering Services 000201002829 Total: AP -To Be Paid Proof List (10/14/10 - 1:02 PM) No 0000 No 0600 No 0000 No 0000 No 0000 653.22 0.00 10/19/2010 Development - Whistling Valley III No 0000 653.22 256.53 0.00 10/1912010 Tapestry at Charlottes Grove No 0000 256.53 47.68 0,00 10/19/2010 Lake Elmo Farms No 0000 47.68 232.93 0.00 10/19/2010 Sanctuary No 0000 232.93 7,628,07 0,00 10/19/2010 1-94 to 30th Street - Village Sanitary No 0000 7,628.07 572.05 0.00 10/19/2010 2009 Street Improvement - Final - No 0000 Design 572.05 Page 8 Invoice # lnv Date 000201002830 10/14/2010 417-480-8000-43030 Engineering Services 000201002830 Total: 000201002831 10/14/2010 101-430-3100-43030 Engineering Services 000201002831 10/14/2010 101-410-1930-43030 Engineering Services 000201002831 10/14/2010 101-4-10-1910-43030 Engineering Services 000201002831 Total: 000201002832 10/14/2010 101-420-2400-43030 Engineering 090201002832 10/14/2010 101-410-1910-43030 Engineering Services 000201002832 10/14/2010 409-480-8000-43030 Engineering Services 000201002832 10/14/2010 404-480-8000-43030 Engineering Services 000201002832 10/14/2010 603-496-9500-43030 Engineering Services 000201002832 10/14/2010 601-494-9400-43030 Engineering Services 000201002832 10/14/2010 602-495-9450-43030 Engineering Services 000201002832 Total: 000201002833 10/14/2010 417-480-8000-43030 Engineering Services 000201002833 Total: 000201002834 10114/2010 409-480-8000-43030 Engineering Services 000201002834 Total: 000201002835 10/14/2010 601-494-9400-43030 Engineering Services 000201002835 Total: TKDA Total: VEOLIA Veolia Environmental Services G50001395988 09/25/2010 101-430-3100-44380 Clean-up Days G50001395988 Total: VEOLIA Total: AP - To Be Paid Proof List (10/14/10 - 1:02 PM) Amount Quantity Plitt Date Description Reference 1.8,846.38 0.00 10/19/2010 Lake Elnio 2010 Street & Water Quality 405.21 0.00 10/19/2010 General Engineering 18,846.38 3,304.31 0.00 10/19/2010 General Engineering 286.03 0.00 10/19/2010 General Engineering 3,995.55 1,508.70 720.25 7,447.91 762.75 466.11 297.80 884.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10/19/2010 10/19/2010 10/19/2010 10/19/2010 10/19/2010 10/19/2010 10/19/2010 General Engineering - VRA General Engineering - VRA General Engineering - VRA 'General Engineering, VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA 12.088.1.6 1,741.88 0.00 10/19/2010 TH 5 & Jamaca Ave Roundabout 1,741.88 23835 0.00 10/19/2010 Lake Elmo 2010 Sealcoat 238.35 3,678.46 0.00 10/19/2010 Lake Elmo Water Systems Strategies 3,678.46 49.979.26 103.27 0.00 10/19/2010 Clean up Days 103.27 103.27 Task Type PO # Close PO No No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 9 Invoice # Inv Date Amount Quantity Prat Date Description Reference Task Type PO # Close POLine # VISA-SL VISA 10/26/2010 10/26/2010 1,021.40 0.00 10/19/2010 Airfare - Mayor Johnston No 0000 101-410-1910-44370 Conferences & Training 10/262010 10/26/2010 50001 0.00 10/19/2010 MNAPA - Planners No 0000 101-410-1910-44370 Conferenc & Training 10/26/2010 10/26/2010 76.00 0.00 10/19/2010 Sensible 1.and Use CoaL - Planners - No 0000 101-410-1910-44370 Conferences & Training 10/26/2010 Total: 1,597.40 V ISA-SL Total: 1,597.40 VISALE40 VISA 8040 0950/2010 353.70 0.00 10/19/2010. Lodging for Two - Planners No 0000 101-410-1910-44370 Conferences & Training Conference 8040 09/30/2010 555.00 0.00 10/19/2010 Lodging & Meals Fire Conference - No 0000 101-420-2220 44370 Conferences & Training 8040 Total: 908.20 VISALE40 Total: 908.20 WAS-TRAN Washington County 67292 09/282010 755.00 0,00 10/19/2010 Street Striping 101-430-3120-43150 Contract Services 67292 Total: 755.00 WAS-TRAN Total: 755 00 XCEL Xcel Energy 51-4504807-7 10/14/2010 45,50 0.00 10/19/2010 Lights at Legion Park 101-450-5200-43810 Electric Utility 51-4504807-7 10/14/2010 84.32 0.00 10/19/2010 Lift Station 602-495-945043810 Electric Utility 51-4504807-7 10/14/2010 31.95 0.00 10/19/2010 Traffic Lights 101-430-3160438 I 0 Street Lighting 51-4504807-7 Total: 161.77 51-4576456-3 10/14/2010 264.16 0.00 10/19/2010 Fire Station 2 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 264.16 51-4580376-5 10/14/2010 470.22 0.00 10/192010 City Hall 101-410-1940-43810 Electric Utility 51-4580376-5 10/14/2010 27.48 0.00 10/19/2010 Traffic Lights 101-430-3160-43810 Street Lighting 51-4580376-5 Total: 497.70 51-4733556-8 10/14/2010 14.82 0.00 10/19/2010 Tennis Courts 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 14.82 AP - To Be Paid Proof List ( I 0/14/10 - 1:02 PM) No 0000 No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 Page 10 Invoice It Inv Date Allionnt Quantity PnIt Date Description Reference Task Type PO # Close POLine # 51-5044219-0 10/14/2010 4194 101-450-5200-43810 Electric Utility 51-5044219-0 Teta!: 42.94 51-5275289-3 10/14/2010 15..02 101-450-5200-43810 Electric Utility 51-5275289-3 Total: 15.02 51-5356323-8 10/14/2010 2,147.98 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 2,147.98 51-5522332-2 10/14/2010 40.55 101-430-316043810 Street Lighting 51-5522332-2 Total: 40.55 51-5747685-4 10/14/2010 111.11 101-450-5200-43810 Electric Utility 51-57476854 Total: 11111 51-5916043-7 10/14/2010 17.71 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 17.71 51-6433976-2 10/14/2010 293.40 101420-222043810 Electric Utility 51-6433976-2 Total: 293.40 5 1-667_5457 - 1 10/14/2010 31.07 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 31.07 51-6736544-2 10/14/2010 1,763.86 101-430-3160-43810 Street Lighting 51-6736544-2 Total: 1,763.86 51-6928283-3 10/34/2010 28.62 101430-316043810 Street Lighting 51-6928283-3 Total: 28.62 51-69562014 10/14/2010 46.18 101-450-5200-43810 Electric Utility 51-6956201-4 Total: 46.18 51-7538112-1 10/14/2010 514.97 101-430-3100-43810 Electric Utility 5I-7538112-1 Total: 514.97 .51-8126093-5 10114/2010 18.91 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 18.91 51-8711719-3 10/14/2010 10.30 101-430-3160-43810 Street Lighting 51-8711719-3 Total: 10.30 XCEL Total: 6,021.07 AP - To Be Paid Proof List (10/14/10 - 1:02 PM) 0.00 10/19/2010 Parks Building No 0000 0.00 10/19/2010 Pebble Park No 0000 0.00 10/19/2010 Wells 1 & 2 No 0000 0.00 10/19/2010 Traffic Lights No 0000 0.00 10/19/2010 ArtsCenter No 0000 0.00 10/19/2010 Lift Station No 0000 0.00 10/19/2010 Fire Station #1 No 0000 0.00 10/19/2010 Legion Park - No 0000 0.00 10/19/2010 Street Lights No 0000 0.00 10/1912010 Traffic Lights No 0000 0.00 10/19/2010 VFW Ballfield lights No 0000 0.00 10119/2010 Public Works No 0000 0.00 10/19.02010 Water Tower 2 - No 0000 0.00 10/19/2010 Speed Sign Hwy5 No 0000 Page I I Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # Report Total: 21%113.99 AP - To Be Paid Proof List (10/14/10 - I:02 PM) Page 12 4TY(IF LAKE ELMO AYOR & COUNCIL COM UNICAT ON DATE: CONSENT ITEM #: APPROVAL 10/19/2010 AGENDA ITEM: Easement Encroachment Agreement — 4861 Lilac Place North SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's Consent Agenda the execution of an easement encroachment agreement. The city has received a fence permit application in which the property owners are seeking to put a fence in the backyard at 4861 Lilac Place North. Approval of the requested agreement would allow the property owners to construct the requested improvements within the City's drainage and utility easements located on their private property. BACKGROUND INFORMATION: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the city. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, the City Engineer reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If the engineer determines that the improvement will not negatively impact the functionality of the easement, an approved building or fence permit (if applicable) and an Easement Encroachment Agreement is needed before the work may commence. Of Note: The City Council has reviewed and approved easement encroachment agreements at the April 20, 2010 regular meeting. At that time, the City Council agreed to place future applications on the consent agenda; unless unique circumstances occur in which case the agreement will be placed on the regular agenda. -- page 1 -- City Council Meeting Easement Encroachment Agreement October 19th, 2010 Consent Agenda Item # 3 STAFF REPORT: The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning and engineering staff. The proposed fence meets all city code requirements and Staff would have otherwise issued the fence permit, if it did not encroach into a drainage and utility easement. LEGAL CONSIDERATIONS: The Easement Encroachment Agreement is a legal document which has been signed by all property owners seeking to install an improvement within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. The City Attorney has drafted this legal document and suggested the City Council should authorize the Mayor to sign the agreements prior to issuing a building or fence permit for the proposed improvements. RECOMMENDATION; Based upon the above background information and staff report, it is recommended that the City Council approve the Easement Encroachment Agreement as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss, table, deliberate and, 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 proposed Easement Encroachment Agreement for 4861 Lilac Place North, as presented [and modified/amended/ at tonight's meeting." ATTACHMENTS; . Proposed Easement Encroachment Agreement for 4861 Lilac Place North SUGGES'I'ED ORDER OF BUSINESS (if removed from the Consent Akenda): Questions from Council to Staff ..... . ..... . ...... ............. ........... Mayor Facilitates Call for Motion ...... ....... ....... ........... .............. ......... ,....... Mayor & City Council Discussion., ......... . ...... .......... ......... . ...... .....,. ......... ...... Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- Return to: Eokberg, Lammers, Briggs, Wolff & Vierling, P.L,L.P. 1809 Northwestern Ave. Stillwater, MN 55082 ENCROACHMENT AGREEMENT THIS AGREEMENT is made this day of , 2010, by and between the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter "City"), and Terry Wojtowicz, a single person, (hereinafter "Owner"), and his successors in title. WHEREAS, the City has an easement for drainage and utility purposes over that part of the property legally described on the attached Exhibit A, located in Washington County, Minnesota; WHEREAS, Owner is desirous of constructing a fence ("The Improvements") within the Easement; and, WHEREAS, the permission granted herein is limited to The Improvement proposed within the easement. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement area as set forth herein and subject to the conditions set forth below: 1 Owner and successors in title may install and maintain The Improvements in the configuration directed by the City and in accordance herewith. 2. Owner must notify the City at least forty-eight (48) hours before construction, repair and/or maintenance work commences within the easement. No such work shall take place without the City staff being given the opportunity to be present at the site. Further, if the City determines in its reasonable estimation that any proposed work may potentially cause an unsafe condition or damage or impair the City's easement area, the City shall have the authority to prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in the event of an emergency situation and/or the existence of an unsafe condition of Owner land, the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the event of such situation, said waiver shall not relieve Owner from their obligation to notify the City in a timely and practical manner. The City shall have no obligation to notify Owner of their intent to do work. 3 To the fullest extent permitted by law, Owner, their successors and assigns agree to release, defend, protect, indemnify, ave and hold harmless the City, its agents, directors, employees and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of The Improvements permitted hereunder, regardless of whether such harm is to Owner, the City, the employees or officers of either or any other person or entity, except shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence or intentional acts of the indemnified parties. 4. The permission granted herein is limited exclusively to the proposed improvement within the City's easement. Owner shall not alter the grade, perform any other site disturbing 2 activities, or permit such alteration anywhere upon the land upon which the City has reserved its easement without proper express written consent of the City. Owner shall construct and maintain The Improvements in compliance with all applicable laws and in good repair. Owner shall, at all times, use best efforts to conduct all of activities on said easement area in such a manner as to not interfere with or impede the operation of the City's easement and related activities in any manner whatsoever and shall remove The Improvements at no cost to the City when directed by the City The work shall be done and The Improvements maintained in conformance with the direction of the City. [SIGNATURES ON FOLLOWING PAGES] CITY OF LAKE ELMO By By Dean Johnston, Mayor Bruce Messelt, City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) • On this day of , 2010, before me, a Notary Public, personally appeared Dean Johnston, Mayor of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public, personally appeared Bruce Messelt, City Administrator of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. B y [Terry Wojtowicz] STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) Notary Public 4 On this day of Oet\ 06er , 2010, before me, a Notary Public, personally appeared Tti fq jrbLQ property owner, who signed the foregoing instrument and acknowledged said instrumentbe his free act and deed. THIS INSTRUMENT DRAFTED BY: David K. Snyder Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 10/19/2010 CONSENT ITEM #: 4 ACTION AGENDA ITEM: Appointment of Ms. Pam Hartley to the Parks Commission SUBMITTED BY: Sharon Lumby, CiC1er THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: - NA - SUMMARY AND ACTION REOUESTED: A vacancy exists on the Parks Commission and the City has advertised for residents interested in serving on the Parks Commission. Following a 6:45 PM interview and assuming Council consent, the City Council is respectfully requested to appoint Ms. Pam Hartley to the Parks Commission as part of approval of tonight's consent Agenda. BACKGROUND INFORMATION A vacancy exists on the Parks Commission. The City has advertised this vacancy and has solicited an application from an interested, qualified candidate. STAFF REPORT: The application is attached for Council consideration. A Council interview of the Applicant is scheduled for 6:45 PM in the Council Chambers. City staff offers no opinion or recommendation on appointments to Commissions made by the City Council. RECOMMENDATION: Based upon the above background information, it is recommended that the City Council hold the scheduled interview for the position of Parks Commissioner. Assuming Council Consensus, the appointment can then be undertaken as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and table, further discuss, and/or direct City staff to seek additional applicants through additional advertising and solicitation. The City Council may also, if appropriate, amend the recommended motion prior to taking action, If done so, the appropriate action of the Council following such discussion would be: -- page 1 -- City Council Meeting Appointment to the Parks Commission October 19th, 2010 Consent Agenda Item # 4 "Move to appoint Ms. Pam Hartley to the Parks Commission, as presented [and modified/amended] at tonight's meeting." ATTACHMENTS: 11. Application for Parks..Co ission Appointment — Ms. Pam Hartley SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): — - - Questions from Council to Staff/Applicant • Wayor Facilitates - Call for Motion Mayor & City Council - Discussion ........ .......... ......... ..... Mayor & City Council - Action on Motion.. ............... ...... . ........... .......... ....... Mayor Facilitates -- page 2 -- City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 FAX: 777.9615 RE OVED UGI -4 2010 CITY OF LAKE ELMO APPLICATION FOR PARK COMMISSION APPOINTMENTS CITY OF LAKE ELMO Date: 10 04 / 10 Name: Pam Hartley Address_10010 Tapestry Road P-hone,Number W) -651-26-6215 - 651-490,68W' E-mail address: hartleypm@goldengate.net How long have you lived in Lake Elmo: 1 year_ Why are you interested in serving on the Lake Elmo Park Commission? What personal interests and expertise will you bring? I am interested in preservation and restoration of existing parks, new areas that could be used as parks or trails, and the protection of the trees, shrubs and herbaceous plants in those areas. My expertise is in the horticulture area. I am a landscape designer, a Master Gardener and a Treecare Advisor for the Univeristy of Minnesota Extension. I am also a First Detector for the Minnesota Department of Agriculture in the detection of Emerald Ash Borer. We moved into a new home in Lake Elmo last year, and on our property I am utilizing many native grasses and forbes, and are restoring the prairie with one of our neighbors. While living at our last home in Lino Lakes, I served on the Environmental Board. 2. How will those skills and interests be of service to the development and management of the City's parks, trails and natural areas? I think all of my interests and skills can be put to good use in volunteering on the parks board, and on behalf of the city of Lake Elmo. . What do you see as the role and function of the Park Commission? How does this relate to the roles and responsibility of the City Council in park matters? I believe that the Parks Commission provides needed advice and council to the Council members in regards to the parks and trails. If the Council has questions, the Park Commission members can provide research to assist the Council in making decisions that will benefit the parks in Lake Elmo. 4, What value do parks and trails have to our citizens? What role or function do they provide? The parks provide great areas for residents to enjoy and interact with nature and the outdoors, and provide a destination for group events such as picnics and biking. Residents can learn from the parks, where they can see what a prairie restoration looks like, or a raingarden project, and maybe pursue that for their own property. 5, How much time do you have or are you wiling to devote to Park Commission activities? I am self-employed and what I call semi -retired. Most of my time is spent volunteering and working on my own prairie, so I have ample time available to volunteer for the city in this capacity. Please complete and return to the City.office, Thank you foryour interest in the Lake Elmo Park Commission. AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 10/19/2010 CONSENT ITEM It: 5 MOTION as part of the Consent Agenda 42" Street Mill and Overlay Project — Payment No. 1 (final) Ryan Stempski, Assistant City Engineer Bruce A. Messelt, City Administrator Mike Bouthilet, Public Works Director Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve Payment No. 1(final) to Hardrives, Inc., the Contractor for the 421'd Street Mill and Overlay Project. The Contractor submitted an invoice in the amount of $49,534.55. No specific motion is needed, as this is recommended to be part of the approval of the Consent Agenda. STAFF REPORT: This request has been reviewed by your City Staff and payment is recommended in the amount requested. FINANCIAL/LEGAL CONSIDERATIONS: The work completed will carry a one-year warranty against defective work and the one-year warranty period will begin on October 19, 2010 and end on October 18, 2011. A warranty inspection will be completed in September 2011. RECO1VIMENDATION: Based upon the above information, it is recommended that the City Council approve as part of tonight's Consent Agenda Payment No. 1(final) in the amount of $49,534.55. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or 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: — page 1 -- City Council Meeting 42nd Street Mill and Overlay Payment No. 1(final) October 19th, 2010 Consent Agenda Item # 5 "Move to authorize Payment No. 1 (final) in the amount of $49,534.55 to be paid from the Street Maintenance Fund for the 42nd Street Mill and Overlay Project [as amended and/or modified at tonight's meeting]." ATTACHMENTS: 1. Engineers Acceptance Memo Dated October 6, 2010 2. Invoice - Payment No. 1 (final) SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion .......... ............... ....... ..... ....... Mayor & City Council - Discussion Mayor & City Council Action on Motion Mayor Facilitates --page2-- TKDA 11:%11t1[1114q :11401 The right time. The right people, The right =army MEMORANDUM To: Tom Bonthilet, Finance Director Copies To: Bruce Messelt, City Administrator Mike Bouthilet, Public Works From: Ryan W. Stempski, P.E. Date: October 6, 2010 444 Cedar Street, Sulle 1600 Saint Paul, MN 65101 (651)262-4400 (651) 292.00133 Fax www,1kda.cam Reference: 42 Street Mill and Overlay Project ]?roj.No.: Routing: 14575.001 TKDA solicited quotes to complete the 421Ed Street Mill and Overlay project. Two quotes were received by contractors and Hardrives Inc, submitted the low quote of $49,959,55 to complete the work. The work has been completed the contractor has fulfilled the contract and all punch list items. Hardrives Inc, has submitted an invoice for $49,534,55 equating to a savings of 3425, please find the attached invoice for reference. I hereby declare the project to be complete and payment is recommended in the amount of $49,534.55. The work will carry a one-year warranty period against any defective work. The contractor shall repair any areas that do not meet the warranty. The one-year warranty period will begin on October 19, 2010 and end on October 18, 2011. At1 Employee Owned Company Promoting Affirmative Action and Equal Opportunity .3, r.a)/ zeu la 12:4I bb1436651.5 TOWER ASPHALT HARDRIVESI INC. •Beg Date of Period; Mild 10 Mill Bit Surface 1,6" SY 20 Tack GAL 30 LV4 2360 Bit Wear TON 40 Adi Cstg EA 4000 Extra EA Totals For Contract: 3UQ5I Lke Elmo- 42nd St N Total This Period: . Total J ob-te-dete: NIonsEr'..r YijruiIut Invoice Ending Date of Period: 9/20/10 Progress Unit Progress Units UtIA PrlDe Revenue 8107.30 400,01:1 793,00 2,00 0,00 Qnto ;11'll'ii111111.11,1 11111111 roil.11; SY GAL TON EA EA $0,66 $2.00 $55.00 $20D $1.00 Est Revenue 49,930.55 Progress Revenue 49,534.55 48,534.56 JO $5,209,55 $B00,00 $43,0E35.00 $400.00 $0,00 PAGE 02/02 Job Bflling OverlUnder Revenue Revenue 0.00 (49,634.53) 14476 duiram Drive -Floger, MN • 55374-9461 e•••••••••-• .0—••••S ie••••• r•••••,, P.O, Box 579 + St. Cloud, MN 55302-0579 ••••. • - • 4 Cilia ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/19/2010 CONSENT ITEM 6 MOTION AGENDA ITEM: Approve Resolution 2010-059 for Shared Fire Services Study Grant Application SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: City Attorney Dave Snyder Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED,: The City Council is respectfully requested to approve Resolution No. 2010-059 as part of tonight's Consent Agenda, authorizing City of Lake Elmo participation in a joint grant application to assess possibilities for shared public safety and emergency services. BACKGROUND INFORMATION: On December 4, 2009, Governor Pawlenty created a "Fire and Rescue Shared Services Task Force" through Executive Order #09-13. The Task Force was assigned to investigate issues and the comparative benefits attendant to different models for shared fire and rescue service delivery. The Task Force has developed "A Blueprint for Shared Services" document, which contains several Minnesota fire service models of shared services, and has obtained grant funding through the Fire Service Advisory Committee/Department of Public Safety for outside consulting services to explore shared services models for multiple fire services. The grants will be administered by the Department of Public Safety through the State Fire Marshal Division, Shared Services refers to any number of methods where fire and rescue service organizations are working together to become more effective or more efficient. The shared service concept does not necessarily mean a savings in terms of money, but may rather increase efficiency or effectiveness or enhance public safety and services, STAFF REPORT: On October 13, 2010, Chief Malmquist met with Stillwater Chief Stu Glaser, Mahtomedi Chief Terry Fisher and Bayport Chief Mike Bell to discuss the possibility of a joint application for a shared services grant regarding ways to work jointly and to improve -- page 1 -- City Council Meeting Shared Fire Services Study Grant Application] October 19th, 2010 Consent Agenda Item # 6 services. The respective Chiefs agreed that this was a good project and support moving ahead with a proactive approach to this opportunity. Also discussed was that the main focus would be on how to deliver better, more efficient services with limited resources. FINANCIAL/LEGAL CONSIDERATIONS: It is anticipated that multiple fire service agencies will jointly apply for grant funding to study ways of increasing efficiency, effectiveness, and/or cost savings through voluntary and cooperative shared services. Available funding will pay for 5 to 8 grants of between $25,000 and S40,000. A local match of at least 10% of the grant award is required. Local .match may include administrative costs to manage the consultant contract. The expected outcome of the study will include a report delivered to the State Fire Marshal which outlines possible alternatives for the parties to share fire and rescue services. For the local application, it is anticipated that Stillwater Fire would serve as the overall coordinating department. The local match for Lake Elmo is estimated to be less than $1500 and would come from existing budgeted resources. Any specific budgetary adjustment would be forwarded for Council approval once the grant application has been submitted and accepted. RECOMMENDATION: Based upon the above information, it iS reebrninerfded -that the City — Council approve as part of tonight's Consent Agenda a joint Shared Service grant application. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or 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 2010-059 regarding City of Lake Elmo participation in a joint grant application to assess possibilities for Shared Public Safety and Emergency Services [as amended and/or modified at tonight's meeting]." ATTACHMENTS: Resolution No. 2010-059 SUGGESTED ORDER OF BUSINESS (if removed from the Consent iteenda): Questions from Council to Staff Mayor Facilitates Call for Motion ..... ........... ........... .......... ...... ..... ...... ..... Mayor & City Council Discussion Mayor & City Council Action on Motion.... ....... ........ . ........ ..... ............................ Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUIION NO. 2010-059 A RESOLUTION SUPPORTING PARTICIPATION IN THE "FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT PROGRAM" WHEREAS: The Lake Elmo City•Council, by resolution, supports the application for and participation in the "Fire and Rescue Shared Services Feasibility Study Grant Program" as administered by the Minnesota State Fire Marshal, and WHEREAS: The City of Lake Elmo recognizes the City of Stillwater as the lead jurisdiction in the grant application, and WHEREAS: The City of Lake Elmo also recognizes the City of Stillwater as the lead jurisdiction to enter into the grant agreement on behalf of all participating agencies, and NOW, THEREFORE BE 11 RESOLVED, that the City_oftake Elmo authorizmthe Lake Elmo Fire Department to act on the City's behalf and participate in the shared services study process. ADOPTED: This day, October 19th, 2010. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: MOTION 10/19/2010 7 Ordinance No. 08-032 Resolution No. 2010-053 Consider Zoning Text Amendments to Revise the General Requirements of the Interim Use Permit Ordinance Section 154.019 Kelli Matzek, Planner Bruce Messelt, City Administrato Dave Snyder, City Attorney Kyle Klatt, Planning Director • , • SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider revisions to the Interim Use Permit (IUP) ordinance Section 154.019. The primary revisions proposed eliminate duplication of requirements, allows the City. Council to set the termination of the use to a -certain date or event; and allows an administrative extension of 30 days to eliminate a potential time gap in a renewal application. The proposed changes allow the city additional flexibility in utilizing IUP's in specifically -designated zoning districts. The recommended motion to act on this is as follows: Move to approve Ordinance No. 08 — 032 revising the Interim Use Permit ordinance Section 154.019, and Resolution No. 2010-053 Authorizing Summary Publication" BACKGROUND INFORMATION: An Interim Use Permit (IUP) is an important zoning tool because, unlike conditional use permits (CUPs), an IUP can be eliminated once a specific trigger occurs. Typically IUP's will terminate on a specific date, at the occurrence of a specific event, or when changes in zoning regulations no longer permit such a use. In contrast, a CUP cannot be terminated, provided the conditions of approval continue to be met. STAFF REPORT: The city adopted the general requirements allowing Interim Use Permits in the City in December of 2007. Since then, two IUP's have been permitted. The proposed changes would update this section of the Code and allow greater use of and flexibility in using IUP's. These proposed changes will be presented at a Public Hearing and reviewed by the -- page 1 -- City Council Meeting Zoning Text Amendment: Interim Use Permit October 19th, 2010 Regular Agenda Item # 7 Planning Commission at its Monday meeting, with their report and recommendation presented to the City Council at tonight's meeting, Of Note: The compressed timeline between the Planning Commission's meeting and Public Hearing and tonight's action is recommended to facilitate timely consideration of an Interim Use Permit application for a new business seeking to relocate to Lake Elmo and establish itself as soon as practicable. Approval of an Interim Use Permit for this business is scheduled at Item #9 on tonight's- Agenda, - - Also of Note: After consultation with the City Attorney and, based upon previous Council discussion, your City staff will be recommending that certain interim and other pre -defined uses identified as being one-time, of limited annual duration (e.g. parades, festivals, etc), or lasting one year or less, be considered a Special Event and administratively processed through a Special Event Permit. With Council consent tonight, City staff is currently drafting & Special Event Permit and associated ordinance and will present for Planning Commission and Council consideration at a later date. : • . ' RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council approve the zoning text amendments by undertaking the following action "Move to approve Ordinance No. 08 — 032 revising the Interim Use Permit ordinance Section 154.019, and Resolution No. 2010-053 Authorizing Summary Publication" Alternatively, the City Council does have the authority to table, deny, or further discuss, deliberate and, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate actions of the Council following such discussion would be: "Move to approve Ordinance No. 08— 032 revising the Interim Use Permit ordinance Section 154.019, and Resolution No. 2010-053 Authorizing Summary Publication" jas amendeVmodified at tonight's meeting" ATTACHMENTS: 1. Proposed Ordinance 08 — 032 to revise regulations, governing the issuance of interim use permits, 2. MN Statute 462.3597 which authorizes interim uses 3. Resolution 2010 — 053 for summary publication page 2 -- City Council Meeting Zoning Text Amendment: Interim Use Permit October 19th, 2010 Regular Agenda Item # 7 SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ ........ ..... ...... City Administrator Report/Presentation............, ..... ..... ,................,........... Kelli Matzek, Planner Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion .. .......... ..... ........... ....... ....... ...... Mayor & City Council Discussion.......... ...... „................. ............ ,.„, ............. ...... Mayor & City Council Action on Motion Mayor Facilitates -- page 3 — CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-032 AN ORDINANCE AMENDING THEINTERIM USE PERMIT REQLTIREMENTS OF- SECTION-154.019.:AND ADDING A DEFINITION - • - OF- AN INTERIM -USE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definition: Interim Use — a temporary use of 'property until a particular date. until the occurrence of a particular event, or until zoning regulations no longer permit it. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the amending the following language: § 154.019 INTERIM USE PERMITS. (A) Purpose and intent. The purpose and intent of allowing interim uses are: - (1) To allow a use for a limited period of time that reasonably utilizes the property where such use is not consistent with the Future Land Use Map in the Comprehensive Plan; and (2) To allow a use that is presently acceptable, but that with anticipated development or redevelopment or other significant changs will not be acceptable in the future or will be replaced by a permitted or conditional use allowed within the respective district; and an area end which is in eomplianao with the Comprehensive Plan provided that said use trign . . uses and is in keeping with the architectural character arid design standards cf eiicti (B) General standards. An interim use permit may be granted only if the City Council finds as follows: Ordinance 08-032 City Council; 10-19-10 (1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. (2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. (3) The use will not adversely impact implementation of the Comprehensive Plan. (4) The date or event that will terminate the use is identified with certainty. —(5) -tenant and/or has no entitl we.l cs agreeing that 11le-interim-use-will-net-impeae-addition-al-eests-owthe-publie-if-44 (6) (5) The user agrees to all conditions that the City Council deems appropriate for permission of the use. This may include including the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing OD the site, upon the expiration of the interim use permit. (-7) (6) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. (8) (7) The term date or event terminating ef-the interim us& does not c*c�d2 years shall be set by the City Council at the time of annroval. (C) Recordkeeping. The Zoning Administrator shall maintain a record of all applications and 'all interim use permits issued, including information on the use, location, conditions imposed by the community, time limits, review dates, and such other information as may be appropriate. (D) Application, Applications for an interim use permit shall be made by the fee owner or authorized representative of the fee owner of the property upon which the interim use is proposed. All applications shall include the following: (1) A completed application form signed by the fee owner of the property or by the fee owner's authorized representative; --- (2) :ApplicatiOrifee;-- - Proof of ownership consisting of an abstract of title or registered property certificate ration for . n which the interim use is requested; (4) Development -Plans for the proposed use showing all information deemed necessary by the Administrator to ensure the community can determine whether the proposed development 2 Ordinance 08-032 City Council; 10-19-10 use and/or improvements will meet all applicable development standards. Such information may include but shall not be limited to the following: (a) Site plan drawn to scale showing parcel and existing topography; (b) Location of all buildings and their size, including square footage; (c) Curb cuts, -driveways, access roads, parking spaces, off-street loading areas, and sidewalks; (d) Landscaping and screening plans, including species and size of trees and shrubs ' proposed; (e) Finished grading and drainage plan sufficient to drain and dispose of all surface Water accumulated; (f) Type of business or activity and proposed number of:employees; (g) Proposed floor plan and elevations of any building with use indicated; (h) Sanitary sewer and water plan with estimated flow rates; (i) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, -a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made part ofthe application,'and - community; A map Oup 3 aocura:.,•y by tho applicant. A certified list of property owners located within 350 feet of the subiect property obtained from and certified by a licensed abstractor., (5) (8) A letter from the applicant explaining the proposal and stating the date or event that will terminate the use; Ordinance 08-032 City Council; 10-19-10 9 A signed consent agreement, subi ect to review and a-nproval by the City Council ocumenting: (a) That the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit; (b) That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the -fiiture; and - (c) That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit. (7) A location map showing the general location of the proposed 1.13C within the community; A map showing all principal (40)—(10) and any other information that may be reasonably required by the city to evaluate the application. (E) Planning Commission reviewandpublic hearing. The Zoning Administrator shall refer completed applications to the Planning Commission for consideration and' Publie hearing at the next available regular meeting as determined by staff. Prior to the meeting, the Zoning Administrator shall complete the following. (1) Distribute the application to appropriate city departments and commenting agencies to receive feedback; (2) Publish notice of the purpose, time and place of the public hearing in the official newspaper of the community, and mail notices to all property owners located within a minimum of 350 feet of the property described in the application, at least 10 days prior to the date of the hearing. A copy of the notice and.a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings:Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bone fide attempt to comply with the provisions of this section has been made. (3) Prepare a staff report analyzing the request under city code requirements for consideration by the Planning Commission. (4) After considering the application, the staff report, testimony from the applicant and the public and any other relevant information; the Planning Commission shall recommend 4 Ordinance 08-032 City Council; 10-19-10 approval, approval with conditions, or denial. The recommendation of the Planning Commission shall be forwarded to the City Council as soon as practical, and in a manner which allows the City Council time to make a final determination on the request within the state mandated timelines for reviewing land use applications. (F) City Council action. After considering the application, recommendation of the Planning Commission, any staffreports, testimony from the public hearing and, any other relevant information; the City Council shall take action on the application through -approval, - approval with conditions, or denial; Should the CityCouncil approve the application, the City Council shall make findings on conformance to the IUP general standards, specify the term of the interim use permit, the event(s), circumstances or conditions that shall cause termination, and any conditions of approval. ' - • .• . . ,Tehnination.An interim use shall terminate on the happening of any pftbq,following •events, whichever occurs first: (1) The date or event stated in the permit; (2). Upon: vioiation.9feonditions.,under-wineli-the-pennit,w.asdasneck - - (3) Upon.change in the city's zoning regulations which ren.ders _the. use noneonforming;-, or (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed withirt_the respective zoning district. (H) Suspension and revocation. The City Council may suspend or revoke an interim use permit upon finding that the activities allowed under the permit adversely affect the public health, safety, or welfare in ways not anticipated during approval of the permit. A suspension or revocation of an interim use permit shall be preceded by written notice to the permittee and a hearing. The notice shall provide at least 10 days notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may, at the City Council's option, be before the City Council or in accordance with M.S. §§ 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, may provide an -adequate basislotirnposition-cfsanctions. - - . - - Amendments....-. All requested:amendments lo :exi sting. interimus cpermit all- b processed in -the same -manner 4 a new -application. (J) Renewal. The following process may be used to renew an active interim use permit that is set to expire. Terminated or suspended interim use permits cannot be renewed unless the City Administrator has received and approved a one-time 30 dav extension to continue processing the renewal application. Ordinance 08-032 City Council; 10-19-.10 (1) Application. Application requirements for renewal of an existing interim use permit be the same as for a new application. (2) Review. Upon receiving a completed application for an interim use permit renewal, the Zoning Administrator shall send notice of the requested renewal to all property owners within 350 feet of the parcel(s) containing the interim use. If any objections are raised within 10 days of the mailed notice, the application shall be processed in the manner of a new application. If no objections are raised, the Zoning Administrator shall prepare a resolution of approval outlining the conditions and stipulations of the renewal for .consideration by the City Council. Council —at its discretion may approve or deny the request with findings. Denial of.a renewal request does not constitute termination of the existing interim use permit. SECTION 3. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, SECTION 4. Adoption Date This Ordinance No. 08-032 was adopted on this 19th day of October 2010, by a vote of Ayes and Nays. ATTEST: Bruce Messelt City Administrator This Ordinance No 08-032 Mayor Dean A. JOhnStoti `.• as published on the day of , 2010. 6 2009 Minnesota Statutes Resources Topics Land Use P Zoning 462.3597 nnina USES. Subdivision 1.Definition. An "aaaeS" is a temporary , of property until a particular d he occurrence of a particular event, or -until: zoning regulations no. longer permi Subd. 2.Authority. Zoning regulations may permit the governing body to allow `ram uses The regulations may set conditions on ;•"uses. The governing body may grant permission for an i of property if: (1) the n +i conforms to the zoning regulations; (2) the date or event that will terminate the nSe carp be identified with certainty; 131, permission of the us willnot impose additional costs on the public if "zt is necessary for the public to take the property in the future; and. (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. Any r° use may be terminated by a change in zoning regulations. Subd. 3Public hearings. Public hearings on the granting of i i use permits shall be held in the manner provided in section 462.3 57, subdivision 3. History: 1989c200s CITY OF LAKE ELMO RESOLUTION NO. 2010-053 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-032 BY TITLE AND SUMMARY WHEREAS, the City Council of the Ci 0 ake Elmo has adopted Ordinance No. 08-032, an ordinance to regulate signage within the City of Lake Elmo; and WHEREAS, the Ordnance 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 summary of Ordinance No. 08-032 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, 08-032. The ordinance eliminates duplication of requirements, allows the City Council the ability to set the termination of the use to a date or event, and allows an administrative extension of 30 days to eliminate a potential time gap in a renewal application. The full text of Ordinance No.08-032 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: , 2010. Mayor Dean Johnston Bruce Messelt City Administrator (SEAL) Thernotion for the adoption of the foregoing resolution was duly seconded liy:rnernber -- :_ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against sane: Whereupon said resolution was declared duly passed and adopted. CITY�F LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 10/19/2010 REGULAR ITEM #: 8 MOTION Ordinance No. 08-033 Resolution No. 2010-054 Consider Zoning Text Amendments to Revise the Holding District Zoning Requirements to Replace Conditional Uses with Interim Uses Kelli Matzek, Planner Bruce Messelt, City Administrato Dave Snyder, City Attorney Kyle Klatt, Planning -Director -- 'SUMMARY AND ACTION REQUESTED: The City Council is respectfUlly requested to consider revisions to nineteen zoning districts established in 2007 for areas guided for future sewered development. The primary amendment proposed for these holding districts would revise current language allowing the property owner(s) to apply for future conditional use permits until the land is developed with -city -sewer- and is in conformance with the City's Comprehensive Plan. Instead, the proposed code amendments would allow those uses previously identified as conditional uses to, alternatively, be permitted as an interim use. The recommended motion to act on this is as follows: "Move to approve Ordinance No. 08 — 033 Revising the Holding Districts and Resolution No. 2010,054 AuthorizingSummary BACKGROUND INFORMATION: This- item is part of the City's overall review of certain land use regulations. Of particular focus tonight are the zoning districts created_ by the City. in _ 2007 to guide future sewered development. These districts utilize predominantly permitted and conditional uses to regulate land use activities, until such time as municipal sanitary sewer is made available and rezoning is undertaken. For discussion tonight is the enhanced use of interim use permits (IUP) in these districts. An IUP is an important zoning tool because, unlike conditional use permits (CUPs), an IUP can be eliminated, once a specific trigger occurs. Typically, IUP' s will terminate on a pre -determined -- page 1 -- " City Council Meeting Holding District Zoning Requirements for Interim Uses October 19th, 2010 Regular Agenda Item # 8 date, at the occurrence of a specific event, or when zoning regulations would no longer permit such a use. In contrast, a CUP cannot be terminated and remains with the property regardless of future zoning, provided the conditions of approval continue to be met. Of Note: The city adopted the general requirements allowing Interim Use Permits in the city in December of 2007. Since then, two IUP's have been permitted. STAFF. REPORT: The. proposed changes to these holding districts :Wonld allow ,greater.use of and flexibility inusing IUP's. These proposed changes will be presented at a Public Hearing and reviewed by the Planning Commission at its Monday meeting, with their report and recommendation presented to the City Council at tonight's. meeting.. A brief, analysis of the, recommended changes to the ' operative provisions Of the holding diSticts follows: • Permitted Uses - Those uses identified as permitted (requiring .a site plan review or no review by the. city) are proposed to continue to be allowed , as permitted uses on the property, until such time the use is developed in conformance with the Lake Elmo Comprehensive Plan. . . . - • Conditional Uses — Existing conditional use permits will continue to be valid with the property until such time the use is discontinued for a year or the- conditions of approval are not met. • Interim _Uses — Allowable interim uses will be expanded to include, all former conditional uses for these holding districts. Of Note: The :compressed timeline between the Planning .Comtnission!,s _meeting and Public Hearing and tonight's action is recommended to facilitate timely consideration of an Interim Use Permit application for a new business seeking to relocate to Lake Elmo and establish itself as soon as practicable. Approval of an Interim Use Permit for this business is scheduled at Item #9 on tonight's Agenda. RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council approve the zoning text amendments to revise the holding district zoning requirements to replace conditional uses 'with interim uses by undertaking the following action: "Move to approve Ordinance No. 08 — 0 3 Revising the Holding Districts and Resolution No. 2010-054 Authorizing Summary Publication" Alternatively, the City Council does have the authority to table, deny, or further discuss, deliberate and, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate actions of the Council following such discussion would be: --page2-- City Council Meeting Holding District Zoning Requirements for Interim Uses October 19th, 2010 Regular Agenda Item # 8 "Move to approve Ordinance No. 08 — 033 Revising the Holding Districts and Resolution No. 2010-054 Authorizing Summary Publication [as amended/modified at tonight's meetingJ" -ATT CHMENTS:-- -- Proposed Ordinance 0S — 033 .to revise the holding district requirements Resolution._2010- 054 for- summary;:publication SUGGESTED ORDER 4F BUSINESS: - Introduction of Item City Administrator Report/Presentation Kelli Matzek, Planner Questions from Council to Staff .......... ..:...........:...... ............ ... Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates — Call for Motion Mayor & :CityCouncil Discussion Mayor & City Council Action on Motion:. . Mayor Facilitates-.:- -- page 3 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-033 AN ORDINANCE AMENDING THE HOLDING DISTRICTS To PERMIT THOSEITSES-PREVIOUSLY,IDENTIFIED AS -CONDITIONAL USES TO BE PERMITTED AS INTERIM USES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by amending the following language: § 154.034 HD -A -BP - AGRICULTURAL BUSINESS PARK HOLDING DISTRICT. (A) Purpose. The Agricultural Business Park Holding District (HD -A -BP) is intended to regulate land use within agricultural areas planned and staged for business park development with access to regional sewer service. Areas zoned HD -A -BP will be rezoned at -such time -the . . . use becomes consistent with the Staging Plan" "Future Land Use Plan" contained in the Lake Elmo :Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan guidance of the property for Business Park use. (B) General regulation. All regulations governing the Agricultural (A) zoning district shall also apply to properties zoned Agricultural Business Park Holding District (HD -A -BP) except as --outlined in this section.„ _ , _ - _ (C) Permitted uses: The permitted uses in the HD -A -BP zoning district shall be the same as in the Agricultural (A) zoning district except that non -farm dwellings_shall_beLprohibited, , r - Use permitted by interim use permit.. The following uses _may apply for be permitted as an interim use permit in the HD -A -BP zoning district: () Non-agricultural IOW impact uses under the same regulations' as in the Agricultural (A) district with the following reouirements: a. The Non-Ag Area shall not exceed 5% of the property owner's contiguous agricultural zone gross lot area. b. A non-agricultural low impact u bus/truck terminal provided the use is located on a parce Interstate Highway 94. may include in 1,000 feet of Ordinance 08-033 City Council; 10-19-10, (2) Those uses identified as permitted bv Conditional Use Permit in the Agricultural (A) zoning district except that Open Space Development Projects shall be prohibited. -(F) (E) Accessory uses and structures, Regulations governing accessory uses and structures in the HD- A -BP zoning district shall be the same as in the Agricultural (A) zoning district. fG (F) Minimum district requirements. 'The minimum district requirements in .the Agricultural Business Park Holding District (HD -A -BP) shall be the same as in the Agricultural (A) zoning district. . (-14-) (G) Cluster development. Cluster development in the HD -A -BP zoning district is prohibited. ----N.thi-akii6iiltural low impact use standards. Regulations governing non-agriCultural low impact use standards in the HD -A -BP zoning district shall be the 'same as the Agricultural (A) zoning district. § 154.035 HD-A-SRD - AGRICULTURAL SEWERED RESIDENTIAL HOLDING— •JMSTRICT. DISTRICT. (A) Purpose, The Agricultural 'Sewered Residential 'Holding .District '(1-11D-A-SRD) is intended to regulate land use within agricultural areas planned and staged . for_ .residential developnrient with access to regional sewer Service. Areas zoned HD-A-SRD will be rezoned at such time the use becomes consistent with the "Development Staging Plan" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will The cOnsistent with the comprehensive plan guidance of the property for Sewered Residential use. (B) General regulation.' All regulations governing the Agricultural (A) zoning district shall also apply to properties zoned Agricultural Sewered Residential Holding District (HD-A-SRD) except as outlined in this section. (C) Permitted uses. The permitted uses in the HD-A-SRD zoning district shall be the same as in the Agricultural (A) zoning district except that non -farm dwellings shall be prohibited. —(D)' Uses perini.'-ttcd by conditional US C permit: The uses porinitted:by conditionai - - permit in thc HD A RD zoning district shall be the same as in thc Agricultural (A) zoning (D) Use permitted bv interim use vermit. The following uses mav be permitted as an interim use permit in the HD -A -BP zoning district: (1) Those uses identified as permitted bv Conditional Use Permit in the Agricultural (Al zoning district except that Open Space Development Projects shall be prohibited. 2 Ordinance 08-033 CO Council; 10-19-10 (E) Accessory uses. The accessory uses in the HD-A-SRD zoning district shall be the same as in the Agricultural (A) zoning district. (F) Minimum district requirements. The minimum district requirements in the Agricultural Sewered Residential Holding District (HD-A-SRD) shall be the same as in the Agricultural (A) zoning district. Cluster--?development-in-jhe-HD-A-S zoning7distnet is..... . . prohibited. (H) Non-agricultural low impact use standards. Regulations governing non-agricultural low impact use standards shall be the same as the Agricultural (A) zoning district. § 154:037 HD -RR -BP - RURAL RESIDENTIAL BUSINESS PARK HOLDING DISTRICT. (A) Purpose. The Rural Residential Business -Park Holding District (HU-RR-13P) is intended to regulate land use within rural residential areas planned and staged for business park development- -AreaS'-zoned -HD4tR-BP--will be vrezoned at such time -the .use.becornes upon tbe nvailability of ewer uervioe-and-wheft consistent with -the "Development Staging Plan"- -"Futiire. Land Use Plan" contained in the Lake E1mi Comprehensive Plan. The future zoning -district regulations willbe"consistentWith-the comprehensive plan guidance of the property for Business Park use. (B) General regulation. All regulations governing the Rural Residential (RR) Zoning District shall also apply to properties zoned Rural Residential Business Park Holding District (HD -RR -BP) exeept as outlined in thiS seetion. ' _ (C) Permitted uses. Permitted uses and the general requirements of such in the HD -RR -BP zoning district shall be the same as in the Rural Residential (RR) Zoning District. T- - (D) Uscs- permitted by conditional use permit. Conditionally permitted usesand the general requirements of such in the HD RR BP Zoning District shall be the same as in the Rural Residential (RR) Zoning District el::,•ept that opcn space development projects shall be (D) Uses permitted b-11 interim use permit. The following uses may:be Permitted a an interim use permit in the HD -RR -BP zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the Rural Residential (RR) zoning district except that open space development nroiects shall be prohibited. Ordinance 08-033 City Council; 10-19-10 (E) Accessory uses and structures. Regulations governing accessory uses and structures in the HD -RR -BP Zoning District shall be the same as in the Rural Residential (RR) Zoning District. (F) Minimum district requirements. The minimum district requirements in the Rural Residential Business Park Holding District (HD -RR -BP) shall be the same as in the Rural Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a' nominal 20 acres -(a -20-acre parcel not reduced by more. than'10%landior 'a 20-acre parcel located - on a corner ot abutting a street on 2 sideS -not reduced by more.than 15%7due to road right -of way,and survey -variations). Lots thatwere in existence prior to 7-1-07 which are :conforming to: the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as conforming to minimum lot size. (G) Special requirements. All building permits in the Ritral Residential Business Park- HOlding District (HD -RR -BP) shall, prior to the issuance of such perinitprOvide-a - sketch subdivision plan which illustrates roadway and setback locations -should the property be re -subdivided in the future. - -CliiSferLdeVelopment—CluSter -developmentin -the 1-ID-RR-BP ',Zoning-, Di stri ctis- prohibited. § 154:038 HD-RW,LB — RURAL RESIDENTIAL LIMITED BUSINESS HOLDING DISTRICT. (A) Purpose. The Rural Residential Limited Business Holding District (HD -RR -LB) is intended to regulate land use within rural residential areas planned and staged for limited business development, Areas •-zoned :HD -RR -LB will be rezoned at such time the use becomes tipen the .av consistent with the "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan :guidance :of The property for Limited Business use. (B) General regulation. All regulations governing the Rural Residential (RR) Zoning District shall also apply to properties zoned Rural Residential Limited Business Holding District (HD -RR -LB) except as outlined in this section. (C) Permitted uses. Permitted uses and the -general_ requirements,of-suchinthelID-RR-LB - - Zoning District shall be the same -as in -the Rural -Residential -(R.11.) Zoning District. _ requirements of such in the HD RR LB Zoning District hall bc the same as in the Rural Residential (RR) Zoning Dist-ri ojectri shall be prhibited: (D) Uses vermitted by interim use vermit. The following uses may be Permitted as an interim use nermit in the HD -RR -LB zoning district: 4 Ordinance 08-033 City Council,10-19-1 0 (1) Those uses identified as permitted bv Conditional Use Permit in the Rural Residential (RR) zoning district except that Open Space Development Projects shall be prohibited. (E) Accessory uses and structures. Regulations governing accessory uses and structures in the HD -RR -LB Zoning District shall be the same as in the Rural Residential (RR) Zoning District. .:(F Minimurn-idistrict „requirements.: -,The-AninimurnAistrictirequirements, Residential Limited Business. Holding District (HD -RR -LB) shall be the same as in the Rural Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a _ nominal 20 acres (a 20-acre parcel not reduced by more than 10% and/or a 20-acre parcel located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right-of- way and survey variations). Lots that were in existence prior to 7-1-07 which are conforming to the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as conforming to minimurnlot- size.- - - - - - (G) - - Special requirements; . All building permits in the RuralResidential Limited. -Business - - -.Bolding .-District.,(HD-41R-LB):shall-i-prior -to..the issuance :of such a:building permit, provide -a.-. sketch subdivision plan-whichillustrates -roadway . and setback locations:Should the propertrbe-- re-subdivided in,the Ititure. (H) .. :Cluster :development -cluster: development e HDRR4B:ZoningDisthct is prohibited. - _ - § 154.039 HD-RR-RAD RURAL RESIDENTIAL AG DENSITY HOLDING DISTRICT. (A).. - Purpose,— The -RuralzResidenti -A-g.-Density - -Holding Di s et:- (HD-RR-RAD ) is intended to regulate land use within rural residential areas. planned and, staged for Rural Agricultural Density development Areas .zoned HD-RR-RAD will..berezoned-. at such -time the use becomes unon thc avuilabthtv consistentmitliffie.aDn,eapaicit Staging Plan" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan guidance of the property for Rural Agricultural use. • . : (B) General .regulation. All regulations governing the Rural -Residential (RR) Zoning. District shall also apply to properties zoned Rural Residential Ag Density Holding Distriet--(HD-.. -RR-RAD)'except.as outlined .,..- in this .section. ... .-.. -----,--- ---"-----,,, .. _ . ... _ . (C) Permitted uses. Permitted uses and the general requirements of such in the HD-RR- RAD Zoning District shall be the same as in the Rural Residential (RR) Zoning District. (D) Uses permitted by conditional use permit. Conditionally pormittod uses and the general requirements of such in the HD RR RAD Zoning District shall be the :Jame as in the Rural prohibited:. 5 Ordinance 08-033 City Connell; 10-'19-10 (D) Uses nermitted by interim use permit. The following uses may be permitted as an interim use permit in the HD-RR-RAD zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the Rural Residential (RR) zoning district except that open space development proiects shall be prohibited. '(4) AccessoryUSes and structure:s'. Regulations governing accessory uses and structures in the' HD-RR-RAD „Zoning,Distriet7shall :be fthe -same as in-lhes Rural Residential r(RR:),Zoning District: --(F) - Minimum diStria --requitenierits . The -minimum diStrict : requirements -the 'Rural - - - Residential Ag Density Holding District (HD-RR-RAD) shall be the same as in the Rural Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a nominal 20_acres,(a 20-acre parcel:net 'reduced by:rriore than 710% andtor_a20aere paitendcated - on:a_ corner or -abutting:a:street on 2:sides:net-reduced by -more than--15%-dile to road ,right -of ' way and survey variations). Lots that -were in existence prior to 7-1-07 which are conforming to the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as conforming to minimum lot size: — , (G) Special- requiretnents.: All building permits in the Rural Residential Ag Density Holding District (HD-RR-RAD) shall, prior to the issuance of such a building permit, provide a 'sketch subdivision plan -which illustrates,roadWay and _setback ID:Cations should rthe property be re -subdivided in the future. (H) Cluster development. Cluster development in the HD-RR-RAD Zoning District is prohibited. -§ 154-4040 ---HD-RR-SRW-',.RURAL- RESIDENTIAL SEWERED 'RESIDENTIAL-. - - HOLDING DISTRICT. (A) - Purpose. The Rural Residential Sewered Residential HoldingDistrict (HD-RR-SRD) is intended to regulate land use within rural residential areas planned and staged for sewered residential development. Areas zoned HD-RR-SRD,will be rezoned at such time the use becomes consistent with the IlDevelorfrn 'Future Land Use plan" contained in :the_ Lake Elmo Comprehensive Plan: .:Thc,.future ;zoning „. district regulations will be consistent with the comprehensive plan guidance of the property for Sewered ResidentiaLuse. — - - (B) General regulation. - All_ regulations governing the- Rural_ Residential-IRR) Zoning District shall also apply to properties zoned Rural Residential Sewered Residential Holding District (HD-RR-SRD) except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the HD-RR- SRD Zoning District shall be the same as in the Rural Residential (RR) Zoning District. 6 Ordinance 08-033 City Council; 10-19-10 Residential (RR) Zoning District except that open space development project; shall —be prohibited, (D) Uses vermitted by interim use permit. The following uses mav be permitted as an • n - interim use -nermi tin the '''' ' ,T :". • - , ,•;;•. ;•••.;•'-•-:•', • . . :(1)-- Those -uses identified as -Permitted bv Conditional Use Permit in the Rural Residential. _ • (RR) .-zoning district except that -open- space development proiects_shall .„-- . _ . • (E)- -Accessoryuses and-structures.Regulations--governing accessory uses and structures in the HD-RR-SRD Zoning District shall be the same as in the Rural Residential (RR) Zoning '-(F) • Minimum .district requirements: The Minimtirn 'district requirements in the Rural Residential Sewered Residential Holding-District--(ID-RR-SRD) shall -be :the:-sarne as in -the Rural: Residential:;(RR).•-ZoningDi gl-tittex cept 'for Tninimuni - of .a nominal 20 acres (a -20-acre parcelnot reduced by more than -1•0%-;and/Orrar4adre'pardel" ''' --- ,--located-orre-corneror abutting a street on 2 -sidesLnot -reduced bY:more -than ,15Wdue,-to Toad -- • • .right-of-way and -survey:.variations)....Lets. :that ....were .in . existence prior are 7 •- • • - • . ..conforming te.the-ininimum lot size standard of the „Rural. Residential ;(RR).Zoning:Distrid.shall be viewed as conforming to minimum lot size. (G) Special requirements. All building permits in the Rural Residential Sewered Residential Holding District (HD-RR-SRD) shall, prior to the issuance of such a building permit, provide a sketch subdivision plan which illustrates roadway and,:Setbadk.- locations should the ,--r.----propertyb.e,re-subdivided_in,the-future: (H) Cluster development; Cluster -development in -the HD-RR-SRD, Zoning District is Trohibitect _ - -.7. • § 154.042 HD-R1-RAD - ONE FAMILY AG DENSITY HOLDING DISTRICT. , (A) . . Purpose. The . One f District (HD-R1 -RAD) is- intended to regulate land use :within-- single -family7residential areas, planned- and: staged :for sewered -residential .development. Areas, zoned -HD-RI-RAlfYwill be rezoned -at -such time theuse bedomes - - z.,.nd when consistent with the 'Development Staging Plan" "Future-Land-Use-glan”._contained-rin-Ahe.,Lake-Ehno -Comprehensive P.-lanAlejtiture-zoning district regulations will be consistent with the comprehensive plan' guidance of the property for Rural Agricultural use. (B) General regulation. All regulations goveming the One Family Residential (R-1) zoning district shall also apply to properties zoned One Family Ag Density Holding District (HD-RI-RAD) except as outlined in this section. 7 Ordinance 08-033 City Council,' 10-19-10 (C) Permitted uses. Permitted uses and the general requirements of such in the HD-RI- RAD zoning district shall be the same as in the One Family Residential (R-1) Zoning District. (D) general requirements of such in the ND RI RAD zoning district shall be the same as in thc One Family Reaidential (R 1) Zoning District. .(D) Uses vermitted 1,interim use permit. The followin,tises May be- nermitted as an: - interim use nermitin the HD-RI-RAD zonin2 district: (1) Those uses identified as permitted bv Conditional Use Permit in the One 'Family Residential (R-1) zonine district. (E) 1—Accessory uses and structures. —Regulations. governing accessory uses arid- Strtiatiires in the HD-R1 -RAD Zoning -District shall be the same as in the One 'Family Residential (R-1) Zoning District: -(F) Minimum disfrict -requirementS. minimum:dig-hitt :requirements -in -the Ag--DenSitY Holding District .--(11D-R1 -RAD) .shall be -the -.same :as. in_theDne,FarriilyResi dential - .(R-1)- Zoning- Distfict except for minimum lot size which -shall be a;minirriiiin- :of :-a:morninal 20 acres.. (a 20-acre. parceL-not--reduce&by more than-10%..andior, al0-acre -pareetiocated,On-a 'comer .orabutting a street' on .2 -sides notreduced by more -than -1 5%,•dueto TO ad ofvvity-and 7,'survey - variations): tots:that were -in existence prior to 7-1-07 which are conforming- to -the minimum lot size standard of. the Rural Residential (RR) Zoning District. shall be viewed .as , conforming to minimum lot size. § 154.043 HD-Rl-SRD - ONE -FAMILY SEWERED RESIDENTIAL HOLDING DISTRICT. (A) Purpose. The One -Family Sewered Residential Holding District (HD-RI-SRD) is: intended to regulate land use within single family residential areas planned and staged for sewered residential development. Areas zoned HD-R1-5RD will be rezoned at such time the use becomes upon the availability of sower service and when consistent with the "Development Staging Plan" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent' with the comprehensive ,plan :guidance .of the _property for Sewered Residential use. (B) General regulation. All regulations governing__the One -Family- Residential (R-1) Zoning District shall also apply toproperties -zoned-One-Family Sewered-Residential Holding District (HD-R1- SRD) except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the HD-R1- SRD Zoning District shall be the same as in the One -Family Residential (R-1) Zoning District. 8 Ordinance 08-033 City Council; I 0-19-10 (D) Uses ',ermined by interim use vermit. The following uses may be nermitted as an interim use permit in the HD -RI -SRD zoning district: identified as.,perrnitted: by :Conditional Use Pemit in the OneFrni1:,. --- • Residential(R-1) zoning -district. - - (a. -Accessory USes and'structureS: Regulations'governing accessory -uses and -structures - the HD-R1-SRD Zoning District shall be the same as in the One -Family Residential (R-1) Zoning District. Minimumriis-erict-requirements:'-.The minimum,di gni ct reqUireMents-in-the:One-Farnily.--: Sewered Residential Holding District (HD-RI-SRD) shall be the same as in the One -Family Residential (R-1) Zoning District .except for minimum lot size which shall be a minimum of a - noininal'.20'acrega 20,jacre parcelnot teducedby---more:thatIO%andlor-a-204-creparcel located - on a -corner or abutting .vstreet-on 2 sides not reduced bY-more,than..1.5.Wduefto...roadsighth.of-......: wayand -survey,variations).:,-Lots thatwere in existeneetpriorAo.-714--07;Which:areiconforming_tO tbe rninimum lot.size_.-standard-of --the----One±Family.--ResideritialJR4WrZoning.:District shall be .- viewed -.as conforming tomimmum lot size. • -.7. , § 154.046 MANUFACTURED HOME PARK URBAN RESIDENTIAL HOLDING DISTRICT. (A)- Purpose:: :The Manufactured llome'Park -Urban Re Sidetitial-Hol ding District (HD-R3- - -URD) is intended to regulate land use within manufactured home -park areas -planned and 'staged for. sewered urban residential development. Areas zoned HD-R34URD will be rezoned at such-. time the use becomes upon the availability of sewer service and when...consistent with .the - - _Plan" "Future Land Use -in the - Lake: Elmo Comprehensive. Plan. The future- zoning district regulations will be consistent with the comprehensive plan guidance of the property for Urban Residential use. , - (13) General regulation,. A11reguiations -governing the ,Manufa.ctured,Home...Park: (R-3) . Zoning.District .shalFalsO apply -to properties zoned Manufactured Home Park 'Urban'Residential. . Holding -District (HD-R3-URD): except as:outlined inthis-section. = Permitted -uses. Permitted uses. and: the general requirements: of;suchin the -F1D-R37 URD Zoning District shall be the same as in the Manufactured Home Park (R-3) Zoning District. Connection to the municipal sanitary sewer system and municipal water supply shall be required. requirements of Such in th© HD R3 URD Zoning District shall be the same as in the Manufactured Home Park (R 3) Zoning District. 9 Ordinance 08-033 City Council; 1049-10. (D) Uses vermitted by interim use permit, The following uses may be permitted as an interim use permit in the HD-R3-URD zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the Manufactured Home Park (R-3) Zoning District. (E) Accessory uses and Regulations governing accessory uses and structures the -HD-R3-URD Zoning District shall,be,thesame -as iti,the -Manufactured Home -Park-- (R-3): .= Zoning=District, -(F). Minimum--;district—requirements;---The minimum -district-requirements- --in- -the Manufactured Home Park Urban Residential Holding District (HD-R3-URD) shall be the same as in the Manufactured Home Park (R-3) Zoning District except for minimum lot size which shall -be. a minimum lef. a nominal 20- acres -(a .20-acre parcel- not rediided- bymiere- than 10% . • - and/or a -20-acre,parcellocated,On-4,Cenfer-br abutting,a'street-oit,•SideS-4iet.':,redifeed,by'inere:- _ than 15% clue talroad:right,OPway -and-survey variations).• Lots that 'were inexistence -prior to 7- 1A07. which are conforming to -the minimum lot size -standard of the Manufactured Horne Park . (R-3) Zoning ;District .shall•be-viewed _as -conforming. to 'minimum -let — § 154.049 HD -RE -LE-- RESIDENTIAL -ESTATES LIMITED BUSINEgS HOLDING : - * ±(A)- :Purpose.- •The•Residential'Estates:Limited .BusineSs -Holding District(HD-RE-LB)is intended to regulateland-tse-Withiri-reSidential .-estateyarea-s-plarined-and ':staged lot sewered limited business. development. Areas zoned HD -RE -LB will be rezoned at such- time the use becomes pon the availability of sewer servioe an.d when consistent with the .'1-Development Staging -Plan". '!Future-Land-Useln ,4:•-contained-in.s-theLake:Elmo.:COmpreherisiVeTlail--The- - - future zoning district regulations -will be -consistent with the-comprehensiveplan•guidanceof the property for sewered Limited Business use. (B) - -General regulation:TAR .regulations - governing the Residential Estates-JRE) Zoning District shall also apply to properties zoned Residential Estates Limited Business Holding District (HD -RE -LB) except as outlined in this section. (C) Permitted uses: Permitted uses and the general requirernentsofsuch in the HD -RE -LB. Zoning District Shall,be the same as in the Residential'Estates ,(RE) Zoning District.' • • (D) Uscs perrnittcd by condiona ing Di (D) Uses vermitted by interim use permit. The following uses may be permitted as an interim use permit in the HD -RE -LB zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the Residential Estates (RE) zoning district except that Open Space Development Proiects shall be prohibited. . • 10 Ordinance 08-033 City Council; I 0-19-1 0 (E) Accessory uses and structures. Regulations governing accessory uses and structures in the HD -RE -LB Zoning District shall be the same as in the Residential Estates (RE) Zoning District. (F) Minimum district requirements. The minimum district requirements in the Residential Estates Limited Business Holding District (HD -RE -LB) shall be the same as in the Residential Estates(E) ZOning District exceptfor the following:: • • - (1): e - :Minimum lot size shall be a nominal 20 acres. (a 20-acre parcel not reduced by more .•• •than 1 0% und/or.a 20-acre parcel located on korneror abutting a. Sfreet,on:2.sideS:'notitedUCed:: 7-by-more-than-15%due-to,-road-right-of-way- and -survey .v-ariations-Lots..-that-were in -existence- - prior to 7-1-07 which are conforming to the minimum lot size standard of the Residential Estates (RE) Zoning District shall be viewed as conforming to minimum lot size. ,(2).,----Subdivision-r-derisity.shall-bebasettorra-2&.:acreraverage-;-.-and.nwnutlots-arelo- -- remainin the.Subdivision. § 154.050 .HD-RE-SRD --RESIDENTIAL ESTATES SEWERED RESIDENTIAL HOLDING DISTRICT. - - -:(A) :Purpose. The Residential Estates Sewered-Residential Ho1dingDisftict(HDRES) is intended to regulate land -use within residential estate areas planned and staged for sewered residential development: Areas zoned HD-RE-SRD will be rezoned atehtimelihe use becomes -Consistent --With the "DeVelOpment Staging Plan"',:_ "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan guidance of the property for • E • (B) General regulation, ---All regulations governing the Residential_ EStates- RE Zoning District shall -also apply to properties zoned Residential .Estates--iSewered-ReSidelitial 'Holding Di stria (HD:RE-SRD) exceptas..outlinedin.this..section.; - • (C) Permitted uses. Permitted uses and the general requirements of such in the HD-RE- SRD Zoning District shall be the same as in the Residential Estates (RE) Zoning District. requirements of such in the HD RE SIRD (D) Uses permitted by interim use permit. The following uses may be permitted as an interim use permit in the HD-RE-SRD zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the Residential Estates (RE) zoning district except that open space development projects shall be prohibited. 11 Ordinance 08-033 City Council,. 10-19-1 0, (E) Accessory uses and structures. Regulations governing accessory uses and structures in the HD-RE-SRD Zoning District shall be the same as in the Residential Estates (RE) Zoning District. (F) Minimum district requirements. The minimum district requirements in the Residential Estates Sewered Residential Holding District (HD-RE-SRD) shall be the same as in the Residential Estates,(RE) Zoning District. eicept forthe following; (1) Minimum lotsize shall be a nominal 20 acres (a 20-acre parcel not reduced by more than.10% and/or a.20-acre ,parcel located on a corner or abutting a street -on:2 sides not reduced by more than 15% due t& road right-of-way and survey variations). Lots that were -in existence prior to 7-1-07 which are conforming to the minimum lot size standard of the Residential Estates (RE) Zoning District shall be viewed as conforming to minimum lot size. • . „ -(2)- - -Subdivision.density,shall- be ,based --on a 20 acres -average; -and,no-putlots - are to remain in the subdivision. - 154;052 GENERAL BUSINESS -BUSINESS PARK HOLDING-. DISTRICT. .• (A) .Puipose..- The...Gerieral..Business -:-,-Business .Park _lioldingzDistrict ,(}ID-GB7BP) is - - - • intended ' to re.gulate -land 'use..within-general 'business -areas-planned: and -.stagedfor sewered -business-park-Tdevelopment.: Areas:72oneth.HD..,GB-BPHwill,be--rezoned-Tat:suchAime..Ithe-.use.-_,:•-•-,-'. - .. . . becomeS''- - .. avai1abiht • . . of .. ,..-consistent:iwiththe': Staging Plan" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district regulations will be consistent with the comprehensive plan guidance of the property -for -Business Parkuse.. (B) General regulation. All regulations governing the General Business (GB) Zoning District shall also apply to properties zoned General Business - Business Park,Holding District (HD -GB -BP) except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the HD -GB -BP Zoning District shall be the same as in the General Business (GB) Zoning District. (D) Uses permitted by oenditionat:usc perinit, Cenditionally permitted Aies aia the general (D) Uses vermitted by interim use vermit. The following uses may be permitted as an interim use permit in the HD -GB -BP zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the General Business (GB) ZoningDistrict. 12 Ordinance 08-033 City Council; 10-19-10 (E) Accessory uses. Accessory uses and the general requirements of such in the HD -GB -BP Zoning District shall be the same as in the General Business (GB) Zoning District. (F) Minimum district requirements. The minimum district requirements in the General Business — Business Park Holding District (HD -GB -BP) shall be the same as in the General Business (GB) Zoning .District except for minimum lot size which shall be a minimum of a .201cres(a10-acte Pared: not :redneed,bYlnore than.'10%ind/ori 20-aCreparCellocated . - on :comer ,or „abutting,.a _street on .2..sides _not .reduced ..by..more than:I-5% _due:AO --way and survey variations). Lots -that -were in existence prior:to 7 -1-0.7---which-are;conformingto the theGeneral.ALiSiness,,,:(0B).1Zoning District shall be -viewed : as.,„.. - - • - -conformingtamiminiun lot -size. ----- _ (G) Performance standards. Performance standards governing construction and development in the General Business — Business " Park -Holding District (HD -GB -BP) shall be the. .same -asinthe--General Busines“GB).-ZdningDistricty-Further-d.e-velopm-entshall..conform.-with .all standards necessary to facilitate a future hook up to the regional sewer system. 154-‘053- :11D-GB-C --GENERAL--BtSINESS:-COMMERCIALBOLDINGDISTRICT... (A) Purpose. -The General Business Commercial Holding District (HD-GB-C)..is intended to regulate . us e:. within.general _businessLareasTlanned,and_staged-for.-sewered -commercial- . development. . Areas -„zoned HD-GB-C _wiibe :rezoned at -such time:the: use 'becomes ....consistent with -the `Puture - - Land Use Plan" contained in the: Lake 'Elmo '-iCompreherisive,rPlan The futuie zonrng district- - regulations will be consistent with the comprehensive plan guidance of the property for - Commercial use. „._ (B) General regulation: All regulations governing the General Business (GB) Zoning District shaltalso-applytoproperties-zoned.GeneraLBusiness CommercialHokling.District (HD - except .as outlined in (C) Permitted uses. Permitted uses and the general requirements of such in the HD-GB-C Zoning District shall be the same as in the General Business (GB) Zoning District, (D) Uses permitted by conditional uses and the general - (GB) Zoning-Dishict_ . . _ . (D) Uses permitted by interim use nermit. The followina-uses may -be nermitted as an interim use in the HD-GB-C zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the General Business (GB) zoning district. (E) Accessory uses. Accessory uses and the general requirements of such in the HD-GB-C Zoning District shall be the same as in the General Business (GB) Zoning District. 13 Ordinance 08-033 City Council; 10-19-10 (F) Minimum district requirements. The minimum district requirements in the General Business Commercial Holding District (HD-GB-C) shall be the same as in the General Business (GB) Zoning District except for minimum lot size which shall be a minimum of a nominal 20 acres (a 20-acre parcel not reduced by more than 10% and/or a 20-acre parcel located on a comer or abutting a street on 2 sides not reduced by more than 15% due to road right-of-way and survey variations). Lots that were in existence prior to 7-1-07 which are conforming to the minimum lot size standard of -the 'General BusinessJGB) Zoning District shall be yiewed as confornfing to - .(Q) Performance - standards.-- Perforrnance standards - governirig construction__ and -development the" General Business -Comthercial _Holding DiStriet the_ same as in the General Business (GB) Zoning District. Further development shall conform with all standards necessary to facilitate a future hook up to the regional sewer system. _ §,154.054.-,11D-GB-SRD - GENERAL_BVSINESS,SWERED_RESIDENTJAL HOLDING DISTRICT. (A) Purpose. The General .Business Sewered Residential Holding Pistrict (HD-GB-SRD) is intended to regulate land use within general business areas planned and staged for sewered residential development Areas zonedlID-GR-SRD -will be rezoned.at such time the use becomes. consistent with :the "Development :Staging Plan" "Future Land Use Plan" contained in the Lake 1 Elmo Comprehensive Plan...The _future zoning district regulations: will -be- consistent with the comprehensiye plan -gtfidance,of theliroperty for sewered residential use. - - - (B) General regulation. All regulations governing the General Business (GB) Zoning District shall also apply to properties zoned General Business Sewered Residential Holding District (HD-GB-SRD) except as outlined in this section. (C) Permitted uses,- Permitted uses and the general requirements -of such -in the HD-GB- SRD Zoning District shall the same as in the General Business (GB) Zoning District. (D) Uscs permitted by condi fequir-ements-ef-stiela-ki-the-14D-G13-SR14-Zenifig-Distfiet-shall-ls*--the same as in the General Business (GB) Zoning Diatrict. . . ", . .• . • :Uses. vermitted..hv .interim -use..vermit—The -foiiowjng_usesrnay.. be p emitted --as -an-7 interim use permit in the HD-GB-SRD zoning district: (1) Those uses identified as permitted by Conditional Use Permit in the General Business (GB) zoning district. (E) Accessory uses. Accessory uses and the general requirements of such in the HD-GB- SRD Zoning District shall be the same as in the General Business (GB) Zoning District. 14 Ordinance 08-033 City COtillCi 1; 10-19-10 (F) Minimum district requirements. The minimum district requirements in the General Business Sewered Residential Holding District (HD-GB-SRD) shall be the same as in the General Business (GB) Zoning District except for minimum lot size which shall be a minimum of a nominal 20 acres (a 20-acre parcel not reduced by more than 10% and/or a 20-acre parcel located on a comer or abutting a street on 2 sides not reduced by more than 15% due to road right-of-way and survey variations). Lots that were in existence prior to 7-1-07 which are conforming to the minimuni lot size standard Pfthe-General:Business(GB) Zorting.District shall _ _ , bc,„viewed, as conforming to:minimum lotrsize„.. , _ _performance :standards.. .Performance --standards „governing. %construction and - development in the GcneraLBUsiness Sewered Residential Holding District (HD-GB-SRDyshall_. _ 1. _ be the same as in the General Business (GB) Zoning Distriet. Further development Shall confonn with all standards necessary to facilitate a future hook up to the regional sewer system. -§:154.059—V-R-A..-.:VILIAGE..aESIDENTIA1,;-AGRICULTUREHOLDING:DISTRICT-.1 . . (A) Purpose. The Village, Residential Agriculture District (VR-A) is intended to regulate • land use within agricultural areas- .,planned and staged for .;-development ;in „accordance- with the :Village Plan..Areaazoned.VR-A.willbe.rezoned inaccordance_with the guided Jand,use..outlined- - : . . T.in_the.Villageflanat.stich time as regional owe 1ab1to bjtpropy (B) :Genera/ .regulation.-. All -regulationsgoverning. the Agricultural '(A) Zoning .District shall also -.apply-to properties zoned- VillageResidentialAgriculture-DistrictAR--A),,pccept"..as _ - 7 outlined inthis , ; - • - - - (C) Permitted uses. The permitted uses in the VR-A Zoning District shall be the same as in the Agricultural (A) Zoning District except that .non -farm dwellings, shall be. prohibited. ; , T VR that Opon Spar. (D) Uses permitted by interim use permit. The following uses mav be nermitted as an interim use permit in the VR-A zoning district: ..... (1)- -Those -uses.identified as permitted bv:Conditional-Use.:PerMitririAheAgricultura zoning_di strict,ex Cent that Dpen .S13 ace. Develonment-Proi ects - shall be-prohibited,.*::..---;..,,„„..;- (E)-Accessory_uses. The_accessory uses_intlieNRAZoning,Pistrictshal-lbethe.same as in the Agricultural (A) Zoning District. (F) Minimum district requirements. The minimum district requirements in the Village Residential Agriculture District (VR-A) shall be the same as in the Agricultural (A) Zoning District. (G) Cluster development. Cluster development in the VR-A Zoning District is prohibited. 15 Ordinance 08-033 City Council; 10-19-10, (H) Non-agricultural low impact use standards. Regulations governing non-agricultural low impact use standards in the VR-A Zoning District shall be the same as the Agricultural (A) Zoning District. § 154.060 VR-GB - VILLAGE RESIDENTIAL GENERAL BUSINESS HOLDING DISTRICT. (A) PurpoSe. -The Village Residential-, General:Business District :(VR-GB):is intended tO regulate land use within general business areas .planned and staged for development in • accordance -with-the 'Village -Plan._ -Areas. zoired-VR-GB. will be rezoned in -accordance with the_ guided land use outlined in the:Village Plan at uoh time argior - (8) General regulation. All regillatioriS--governing the General Business -(GB) •ZOtting • ----District.•shatralSolipPly to piopOrtieg.zcined,Village-Resideritiat•GerteraTBUsineSs'•Distriet-(VR7:-' GB) except as outlined in this section. • -..(C) Permitted-uses:-Permitted-usesand the:general requirements ,of-suchin the VR-GB —Zoning District shall be the same as in the-General7Business-:(GB) Zoning•District. (D) ' . . -eV R GB Zoning District. '31011 b (D) Uses permitted by interim use vermit. The following uses may be permitted as an interim use permit in the VR-GB zoning district: (1) Those uses identified as permitted bv Conditional Use Permit in the General Business (GB) zonina district. (E) Accessory uses.: -Accessory uses and the general requirements of such in the VR-GB Zoning District shall be the same as in the General Business (GB) Zoning Dishict. (F) Minimum district requirements. The minimum district requirements in the Village Residential General. Business District (VR-GB) shall be the same as in the General Business - (GB)_Zoning District except -for -minimum lcit size which shall be -a. ininimumi-Ofa,nominal 20 acres (a 20-acre parcel,not redueed by more than10%undfor a 2Q-acre parcel located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right-of-way and survey variations), Lots -that werein existence ptiorto 7-4-07 which are-conforthing tO the minifinimlot size standard of the General Business (GB) Zoning District shall be viewed as conforming to minimum lot size. (G) Performance standards. Performance standards governing construction and development in the Village Residential General Business District (VR-GB) shall be the same as in the General Business (GB) Zoning District. Further development shall conform with all standards necessary to facilitate a future hook up to the regional sewer system. 16 Ordinance 0a-o33 City Council; 10-19-10 § 154.061 VR-Rl - VILLAGE RESIDENTIAL ONE -FAMILY HOLDING DISTRICT. (A) Purpose. The Village Residential One -Family District (VR-R1) is intended to regulate land use within single-family residential areas planned and staged for development in accordance with the Village Plan. Areas zoned VR-RI will be rezoned in accordance with the guided land use outlined in the Village Plan (B) General regulation. All regulations governing the One -Family Residential .(11-1) -Zoning Distriot shall also apply to:properties-. zonedVillageResidential One -Family District -111) exceptAs_outlined in. this...section . . . . . . (C) Permitted uses. Permitted uses and the general requirements of such in the VR-RI - " Zoning District shall be the same- as the One -Family Residential <11.-4-ZQPing,Distirict coc andthe general requirements of. such in the VR Rl Zoning District shall, be the same as in the,. One Family • (i)) _.Uses ipermitted bv interim...use permit.. The following uses may be pemiitted-as .An • interim :use permit in the fVR-111.---zoning district.- • -:Those uses identified ---As- permitted .by Conditional Use Permit in the zoning- district. (E) Accessory uses and structures. Regulations governing accessory uses and structures in the VR-Rl Zoning District shall be th,e same as, in the...One-Family .Residential (R-1) Zoning District. (F) Minimum district requirements. The minimum district requirements in the Village Residential One Family District (VR-R1) shall be the same as in the One -Family Residential (R- 1) Zoning District except for minimum lot size which shall be a minimum a a nominal 20 acres (a 20-acre parcel not reduced by more than 10% and/or a 20-acre parcel located on a comer or abutting a street on 2 sides not reduced by more than 15% due to road right-of-way and survey variations). Lots that were -in -existence prior to 771-07..which are .conforming,to _the, minimum lot size standard of the One -Family Residential (R=1) Zoning District sh 1 be viewed as conforming to minimum lot size. - _ § 154,062 VR-RR.- VIL1AGE -RURAL RESIDENTIALHOLDINGDISTRICT- '-- • • (A) Purpose. The Village Rural Residential District (VR-RR) is intended to regulate land use within rural residential areas planned and staged for development in accordance with the Village Plan. Areas zoned VR-RR will be rezoned in accordance with the guided land use outlined in the Village Plan at such time a r3gional sewer service is available to the subject property. 17 Ordinance 08-033 City Council; 10-10-10. (B) General regulation. All regulations governing the Rural Residential (RR) Zoning District shall also apply to properties zoned Village Rural Residential District (VR-RR) except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the VR-RR Zoning District shall be the same as in the Rural Residential (RR) Zoning District. (D) U3C3 permitted by conditional WC pcnnit, Conditionally pennittcd,usos and the general requirement of uoh in the VR RRZonin (D) Uses nermitted by interim use permit. The following uses may be permitted as an interim use Permit in the VR-RR zoning district: - :(1 1.; Those-uses:identified:as Permitted bonditional Use Tertnit in --the Rural Residential (RR) zoning district-excent that open -space -development proiects shall he prohibited:, . „ (E) • Accessory uses and structures. Regulations- governing. accessoryfuses and structures in the VR.-RR..ZoningDistrict.shall be the.-.same.as in -the -Rural Residential .(RR) -Zoning District. .,. district -requirements, The, minimum_.-disffict_requirements- in -,the Village Rural Residential--District'-.(VR-RR) shall:he -the same _as -in the Rural Residential (RR) _Zoning - District except for minimum .:.lotr-size--which- shall;:beaininimum:.of-a'nominal-20-:aeres.:_(a 20-acre •not reduced by imorejhart-LITA- andlorta,2:Q.kere-pareel: ,loq:ated:or,a;,emier :Or street on 2sides not reducedby more than 15% due to road right-of-way and survey variations). Lots that were in existence prior to 7-1-07 which are conforming to the minimum lot size standard of the Rural Residential (RR). Zoning District _shall -b-e...viewed....as...confonning . to minimumlot size.. (G) Special requirements. All building permits in the Village Rural, Residential District (VR-RR) shalli_prior_toAhe issuance...of _such :a buildingpemit, providoa:plceteksubdivision plan. which illustrates roadway and setback locations should the property be re -subdivided -in the future. (H) „. Cluster development. Cluster development in the VR-RR ZoningDistrict is prohibited. § 154:066 HD-LB-SRD LIMITED BUSINESS SEWERED RESIDENTIAL HQLDIN DISTRICT. (A) Purpose. The Limited Business Sewered Residential Holding District (HD -LB SRD) is intended to regulate land use within limited business areas planned and staged for sewered residential development. Areas zoned HD-LB-SRD will be rezoned at such time the use becomes consistent with the "Development Staging Plan" "Future Land Use Plan" contained in the Comprehensive Plan. The future zoning district regulations will be consistent with the Comprehensive Plan guidance of the property for sewered residential use. 18 Ordinance 08-033 City Council; 10-19-1 0 (B) General regulation. All regulations governing the Limited Business (LB) Zoning District shall also apply to properties zoned Limited Business Sewered Residential Holding District (HD-LB-SRD) except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the HD-LB- SRD Zoning District shall be the same as in the Limited Business (LB) Zoning District. HD L . _ (D1 Uses Dermitted by interim use nermit. The folloWina uses may be permitted as an interim use permit in the HD-LB-SRD zonina district: (1-1.-Those uses identified -as permitted bv. Conditional Use Permit in ,the Limited Business (LB) zoning district. .(E) .._Accessory.uscs. Accessory-mses and the general requirements:of -LB- SRD -•- • Zoning -District -shall be the same -as4nthe..Limited_Business._(LB):Zoning -(F) ---Minimum district,requirements. The minimum district requirements in the Limited - Business SeWeredResidential Holding District (HD-LB-SRD) sliall:be the same -as in the Limited BusinessALB)-Zoning:Distriet except for minimum -lot size which: shall be a minimum - - of anominal 20.-acres:(a:26-acTe parcel -not reduced -by rnOre than--10% a,nd/or-a20-acre-parcel - - located on a comer or abutting a street on 2 sides not reduced by more than 15°/0 due to road right-of-way and survey variations). Lots that were in existence prior to July 1, 2007 which are - conforming to dip-minimum:Jot sizestandard of the Limited J3usiness:(LB),Zoning-District shall be viewed as conforming to minimum lot size. (G) Performance standards. Performance standards governing construction and development in the Limited Business Sewered Residential Holding District,(FID-LB-SRD), shall be the same as in the Limited Business (GB) Zoning District. Further development shallconform with all standards necessary to facilitate a future hook up to the regional sewer system. - --- SECTION 2; Effective Date ThiS ordinance shall become effective immediately upon adoptionand publication in the official newspaper of the City of Lake Elmo, SECTION 3. Adoption Date This Ordinance No. 08-032 was adopted on this 19th day of October 2010, by a vote of Ayes and Nays. 19 Ordinance 08-033 Gity Council; 0- Mayor Dean Johnston ATTEST: BruceMesselt City Administrator This Ordinance,Ng QS-032 was puhlished- °Tithe —day of- 2010. 20 Ordinance 08-033 City Council; 10-19-10 . ..." . • CITY OF LAKE ELMO RESOLUTION NO. 2010-054 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-032 BY TITLE AND SUMMARY WHEREAS, the City Connell of the'City.of Lake Elmo has adOpted Ordinance No. 08-032, an ordinance to regulate signage within the City of Lake Elmo; and 'WHEREAS, the ordinance s lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case oflengthy 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, BET!RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the foliowing summary of Ordinance No. 08-032 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. 08-032. The ordinance revises nineteen holding zoning district requirements to eliminate the property owners' ability to apply for future conditional use permits until the land is developed with city sewer in conformance with the'City's Comprehensive Plan; Instead, the cede ainendments allow those uses preVionsly identified as a conditional use to alternatively be permitted as an interim use. The full -text of Ordinance No.08-032 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean 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: Mayor Dean Johnston -ATTEST: Bruce Messelt City Administrator SEAL} The motion for the adoption of the foregoing resolutionwas duly seconded by meinber 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. LAKE ' AYOR COUNCIL COMMUNICATION DATE: 10/ 19/2010 REGULAR ITEM:. -. ...... 9 MOTION Resolution No. 2010-055 AGENDA ITEM: Interim Use Permit: Consideration of an Application from Midwest Recreational Clearinghouse, LLC to Allow an Open Sales Lot for the Outdoor Display of Merchandise at 9200 Hudson Boulevard. SUBMITTED BY:- -Kyle=Klatt;_Planning-Director_ THIROUGH:- Bruce Messelt, City.Administrato -REVIEWED BY: Planning Commission Kelli-Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respecifiiily'requested to consider an interim use application from Midwest Recreation Clearinghouse, LLC (Cranky Ape .Powersport Auctions) to allow the outdoor .display of merchandise for public -viewing at 9200 Hudson Boulevard North. The Planning-- Commission -has-previously reviewed and recommended approval of a Conditional Use Permit for the exact same use on this property, but will review and consider an Interim Use Permit on Monday, October 18th, 2010. The recommended motion to act on this is as follows: "Move to approve Resolution No. 2010-055 granting an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape PowersportAuctions) to establish an open sales lot for the outdoor display of merchandise at 9200 Hudson Boulevard and approving a. -- consent agreement for the interim use" BACKGROUND INFORMATION: The applicants run an online auction for recreation vehicles and this site would be one in which potential buyers could view before they bid as well as pick it up when it is bought. The products are reclaimed items such as motor homes, boats, ATV's and RVs that are acquired from entities such as banks or insurance companies and then prepared for sale. The specific details concerning the use proposed at 9200 Hudson Boulevard North have not changed from the Conditional Use Permit reviewed by the Planning Commission last month and submitted to the Council, and therefore, Staff has not included all of the materials previously submitted for review. -- page 1 -- City Council Meeting Cranky Ape Open Sales Lot Interim Use Permit October 19th, 2010 Regular Agenda Item: # 9 However, based upon Council action and direction, effort has been made to revise the City's zoning text for this and other properties located within identified holding districts in order to utilize Interim Use Permits (IUP), in lieu of Conditional Use Permits (CUP). This action was undertaken for the following reasons: • The City Council tabled the Conditional Use Permit application at its September 21, 2010 meeting. • The City Council has directed Staff to prepare amendrrierit§ to the City's holding districts to change conditional uses to interim uses and to amend the general standards for interim uses. • The Planning Commission has drafted and recommended adoption of several interim use ordinance amendments at its October 18th meeting, • Upon further discussions with Staff regarding the status of the Conditional Use Permit; the applicant has agreed tO Stibriiit an application for an Interim Use Perriiit for the proposed open sales lot activity at 9200 Hudson Boulevard North. • If the conditiOns and restrictions of the Interim. Use Permit are found to.beacceptable to .. the applicant, theConditional Use Permit request will be withdrawn. The new request ..is.:consistent with the .proposed -amendments to the.,City"s- holding-4istricts„n_ --Whiolrare' intended To- ide'the City With inOre -discretion --OVer-tlie—fiittire'ilie§*-:tfiat-Willlie- located in areas subject to new development or land use changes, The City Council is also requestedio consider and authorize execution of a.Consent agreement associated with the proposed interim use... This agreement. specifies the tetrus and conditions, including the termination date/event, for the interim use. _ LEGAL CONSIDERATIONS: Because the application has been submitted now as an interim use, the City's Interim Use standards need to be used to evaluate the request, rather than the Conditional Use requirements. The primary difference between these two permits is the underlying -rights that are granted by the permit. In the. case of a'Ccifiditional Use PerMit, the permit runs with the land and can only be terminated once the. use is vacated for a period of .at least one year or the operator violates one of the conditions of approval. .„. An interim use must specify a certain event or date that will end the use, 'and. there are no inherent rights that run with the land. Given these limitations, the proposed zoning amendments that have been drafted by Staff would provide additional flexibility for extending an interim use permit over a longer period of time, The 9.95 acre parcel under consideration is located along Hudson Boulevard and is guided for future sewered development in the Lake Elmo Comprehensive Plan. This property is unique in that it is one of just a few properties utilized for commercial purposes, but is in a holding district — page 2 -- City Council Meeting Cranky Ape Open Sales Lot Interim Use Permit October 19th, 2010 Regular Agenda Item: # 9 expected to be developed for sewered residential uses. The zoning district HD-GB-SRD (Holding District -General Business-Sewered Residential Development) specifically allows properties to continue the uses allowed in the General Business zoning district, both permitted and interim uses (as proposed; currently all conditional uses are also allowed), including an open sales lot. With the proposed zoning changes to this district, the open sales lot would only be allowed as an interim use. The applicant is not proposing to make any external changes to the site. Becausethe City Council has not already considered the Conditional Use Permit, the applicant will need to withdraw the CUP -request in order to proceed with an interim Use Permit. Staff is anticipating that the CUP request may be withdrawn before the Council meeting. If it is not, the Council may need to bring the CUP back for formal action in the near future. The deadline for action (if needed) on the CUP is November 19, 2010. STAFF REPORT: _ _Although similar to the required findings for a =Conditional Use Permit (which were considered as part of the analysis during the previous reviewoffhe'applicatit's site), an Interim Use Permit must meet the generalstandards listed -below in order to be 'granted. Please note that these standards have been pulled from the draft ordinance and may be subject to change by the City Council. Staff' s comments regarding each &these standards are included as follows: - , - .1) The usei allowed_ as an interim use in:die,respective zoning:distriet,4nd: Conforms 2-staiidard:lening regnlatioriS. eirOPOsed HD-GB4RD: hiddint-diS trict -amendments • - , would allow an open sales lot as an interim use. • 2) The use will not- adversely impact nearby properties through nuisance, poise, traffie,Austi orunsightliness and will not-OfheriViSe-_adVersel y impact the'healtIVSafety, and welfare of the community. This finding- has been previously made:thy the -Planning Commission as partiof-its :Conditional UseTermit :review. The proposed use will operate in a manner very similar to the historic use of this site as a boat and marine dealership. The exterior storage of vehicles and equipment will have a very minimal affect on surrounding properties, and any unsightliness will be .mitigated by appropriate landscaping, screening, and buffering. 3)The use will not adversely impact implementation Of the 'CoinprehenSiVe Plan: There are no new buildings propOsed- as part of the interim use, and no otheri4te.changes other -than: the use of previous storage areas- for outdoor display. The cOnsignmeni sales - --- business will not alter the site or surrounding area in any permanent manner beyond the current situation: •„ 4) The date or event that will terminate the use is identified with certainty. Staff is suggesting that the termination date for the permit be set at five years from the date of approval or upon the sale or transfer of ownership in the property, whichever occurs first 5) The interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. As noted above, the Interim -- page 3 -- City Council Meeting t Cranky Ape Open Sales Lot Interim Use Permit October 19th, 2010 Regular Agenda Item: # 9 Use will not result in any permanent alterations (other than interior remodeling work) beyond the improvements that are currently located on the site. The goods being displayed for sale can be moved off the site once the interim use permit terminates. Interior building improvements can be performed without any special approval from the City through administrative approvals or standard building permits. 6) The user agrees to all conditions that the City Council deems ,appropriate for permission of the use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the - _interim - use ancl:__any interim istructnres, not_ currently- existing ou;Jhe, site, upon_ the expiration of the interim use permit. The proposed conditions of approval are included in the attached draft resolution of approval and are restated in the draft agreement. Staff is not recommending any financial guarantee because there are no permanent site alterations being proposed as part of the applicant's request. 7) There are no. delinquent property taxes; special assessments, interest, orcity utility fees - due upon the subject parcel. None have been found on -this property. 8) The term of the interim use shall be set bthCityiunci1 at the :fief approval. A draft consent agreement is attachedfor review by the Planning CoinniiSSion and could be executed by the Council at the time -it decides _on_7the Interim Use Permit, This agreement specifies a five year term for thefiermit, whieh,iookgbe„renewed prior:to the expiration date. Based on the above fiiidings;'Staffrecornifiends-apprOVaf'Ofthe Interirn-tse-Perrnit,----Althoughit- - - is unusual to be reviewing two applications for the same property at the same time, the City is currently in the midst of a transition concerning zoning in the various holdingdistricts. The applicant certaifily`lias'ihe nhIt Conditional USe'liiiinif:andrequ'est a decision •, from the City Council on this application.- However, the Council may not ultimately support approval of aconditienallisePertnit, given the land use and zoning district changes that have been proposed. The proposed amendments should provide some additional flexibility for the City to consider interim uses over a longer period of time, while still providing the current applicant, and future applicants, with additional assurances regarding the amount of time and conditions under which they may operate. • - PLANNING COMMISSION REPORT: Staff will -present .a verbal update -to -the -City Council regarding the Planning Commission recommendation and public .hearing .fromits- October meeting. RECOMMENDATION: Based upon the above background information, staff report, and Planning Commission recommendation (pending), it is recommended that the City Council approve the Interim Use Permit request from Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow an open sales lot for the outdoor display of merchandise at 9200 Hudson Boulevard, with the conditions listed in draft Resolution No. 2010-055. It is also -- page 4 City Council Meeting Cranky Ape Open Sales Lot Interim Use Permit October 19th, 2010 Regular Agenda Item:11 9 recommended that the City Council authorize the execution of a consent agreement for the interim use. Both actions can be undertaken by the following action: "Move to approve Resolution No. 2010-055 granting an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot for the outdoor display of merchandise at 9200 Hudson Boulevard, and approving a consent agreement for the inter:1M Alternatively, the City- Council does -have the authority- to table, deny, or further discuss, . deliberate and, if appropriate, amend the recommended motions priot to taking action. If the latter us undertaken, the appropriate action for the Council following such discussion would be: "Move to approveResolution No. 2010-055 granting an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot for the outdoor display of merchandise at 9200 Hudson Boulevard [as amended' and approving a consentagreementfor-the interim use [as amendedJ" ATTACHMENTS:. 1. Resolution. No. 2010L055 • 2.. Interim.Use Consent Agreement 4. Proposed Site Plan StlqGESTEpORD ER OF BUS-WESS,:. „-„ Introduction . . — Report/Presentation • • • • • .. • . • Questions from Council to Staff ...... ...... . .......... .......... Public/Applicant Input, if Appropriate ........... ......... .... CityMiiinistrator .. ...... Planning Director ...... Mayor Facilitates .. ........ Mayor Facilitates Call for Motion .... . .. .. . ... .,,„........................ Mayor & City Council .. „ .. ... . . . - Action on Motion *Mayoi Facilitates .. -- page 5 -- CITY OF LAKE. ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-055 A RESOLUTION GRANTING AN INTERIM USE PERMIT TO ALLOW AN OPEN SALES LOT AT 9200 HUDSON BOULEVARD NORTH AND APPROVING A CONSENT AGREEMENT FOR THE INTERIM USE. WHEREAS, Midwest Recreational Clearinghouse, LLC, 6352 320th Street Way, Cannon Falls, MN; has requestedin Intei1m (Jse:Permit to establishan oPen sales lot:: . use at 9200 HudSoll BoUle-Vaid:Nbrth,.which*Ill allOw the sale.of-consignment recreation vehicle and motor sports equipment and display of such merchandise in a HD-GB-SRD zoning district. WHEREAS, noticehas-been publishedrmalled and:po6ted pursuant to. the Lake -Elmo Zoning Ordinance, Section 154.019; and VVHEREAS,-the take- Elrno.--Planning Commission held a Public Hearing on October 18, 2010, and reviewed and recommended approval of the Interim Use Permit for an open sales lot; and WHEREAS, the Lake Elmo Planning CommissiOn'haS submitted its report and recommendation to the City Council as part of 6 Staff Memorandum dated October 19, -- WHEREAS; Section 154:019;-Subd,- (B; 5j of the-City`Cdtie- requires the applicant to enter into a consent agreement with the City the specifies the terms and conditions of .the_interim use; and WHEREAS, the Lake Elmo City Council reviewed the interim use permit request and consent agreement at its October 19, 2010 meeting. NOW, THEREFORE, based on the testimony elicited, and information received, the City Council makes the following findings: 1) That the procedures for obtaining said Interim Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.019. 2) That all the submission requirements of said Section 154,019 have been met by the Applicant, - 3) That the proposed Interim Use Permit is to establish an open sales lot, which will allow the sale of consignment recreation vehicle and motor sports equipment and display of such merchandise in a HD-GB-SRD zoning district. 4) That the proposed use will be located on property legally described as; Part of the West Half of the East Half (W1/2 of E1/2) of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of Section Thirty -Four (34), Township Twenty -Nine (29) North. Range Twenty -One (21) West, Washington County, Minnesota, containing 9.95 acres, more or less, subject to the right-of-way of U.S. Highway No. 12. More commonly known as 9200 Hudson Boulevard North. 5) That the use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. The HD-GB-SRD holding district allows an open sales lot as an interim use. -6) That the use will_not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and.will not otherwise adversely impact the health, safety, and welfare of the community. The proposed use will operate in a manner very similar to the historic use of this site as a boat and marine . . dealership. The exterior storage of vehicles and equipment will have a very__ minimal affect on surrounding properties, and any unsightliness will be mitigated by appropriate landscaping, screening and buffering. 7) That.the use will not adversely impact implementation of the Comprehensive - Plan. -There are no new buildings proposed as part of the interim ifSe; and no other site changes other than the use of previous storage areas foroutdoor display.. The consignment sales -business will not alter the site or surrounding area in any permanent manner beyond the current situation. . 8) That the date or event that will terminate the use is identified with certainty: The consent agreement establishes a termination date for the permit be set at five years from the date of approval or upon the sale or transfer of ownership in the property, whichever occurs first. - 9) That the interim use will. not impose additional costs on the public if it is - necessary for the public to fully or partially take the property in the future. The Interim Use will not result in any permanent alterations (other than interior "remodeling work) beyond the improvements that are currently located on the site. The goods being displayed for sale can be moved off the site once the interim use permit terminates. interior building improvements can be performed without any special approval from the City through administrative approvals or standard building permits. 10) That there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. NOW, THERFORE, BE IT FURTHER RESOLVED that the Lake Elmo City Council hereby approves an Interim Use Permit at 9200 Hudson Boulevard North to establish a open sales lot use and authorizes the execution of the consent agreement for this interim use subject to the following conditions: 1) That the applicant signs the approved consent agreement with the City in accordance with Section 154.019, Subd. (B, 5) of the City Code. 2) Additional landscaping must be added by the applicant to comply with the original landscaping plan approved for the property. A revised landscape plan shall be submitted for review and approval by the Planning Director. No parking or storage of vehicles shall be permitted within the rear portion of the property (north of any buildings on the site) until the landscaping has been installed per the approved plan and be in compliance with the review provided by the City Forester. 3) All exposed soils and eroded areas on the site must be corrected and restored properly. 4) All silt fencing shall be removed from the site. 5) - Merchandise being displayed on the exterior portions of the site shall be arranged in a neat and orderly manner, 6) Applicant shall not acdumulate or store junk vehicles or equipment outside of any - buildings on the property. This resolution was adopted by the City Council of the City of Lake Elmo on the 19th day - of October 2010, by a -vote of- Ayes -and - Nays. - - - Dean A. Johnston, -Mayor - *. ATTEST: Bruce Messlet, City Administrator —" (SEAL) - • _ CONSENT AGREEMENT INTERIM USE PERMIT 1,0 Parties. This Consent Agreement/Interim Use Permit ("Agreement") is entered into by and between the City of Lake Elmo, a Minnesota statutory ("City"); and Midwest Recreational Clearinghouse, LLC, a Minnesota limited liability corporation ("Applicant"). 2.0 Recitals. A. Applicant- is the -record -fee -owner -of-the-following•described property situated in Lake Elmo, MN ("Property"): Part of the West Half of the East Half (W1/2 of E1/2) of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of Section Thirty -Four (34), Township Twenty -Nine (29) North. Range _Twenty -One (21)__West, _Washington County, Minnesota, containing 9.95 acres, more or less, subject to the right-of-way of U.S. Highway No. 12. More commonly known as 9200 Hudson- Boulevard North. Thafroperty is zoned17,1D7GB-SRD. • C. Interim. usesLare allowed in:thejF4D;GB,SRD_zoning-Aistrict aubject-slolhe- - regulations contained in Lake Elmo City Code Section 154.019. D. Applicant hasrequested that the City allow the Property to be used as an open sales lot as illustrated on the Site Plan attached as Exhibit A (Site Plan): E. On the 14th day of October 2010, Applicant submitted a completed application for an Interim Use Permit. F. On the 18th day of October, 2010, the Lake Elmo Planning Commission, at a public hearing, reviewed the Interim Use Permit application, city staff comments and .reports,- Applicants comments and reports, public comments, and recommended approval of the interim open ales: lot use _ subject to certain conditions. G. On the 19th day of October, 2010, the Lake Elmo City Council reviewed the Interim Use Permit application, city staff comments and reports, Applicant's comments and reports, public comments, and the recommendations of the Lake Elmo Planning Commission, and agreed to authorize the interim use subject to the terms and conditions as specified in Section 154.019 of the Zoning Ordinance and Resolution 2010-055 approving the interim use permit. 3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself, and its successors and assigns, agree that the interim open sales lot use shall be subject to the following conditions: A. The Applicant, and its successors and assigns, shall have no entitlement to future re -approval of the Interim Use Permit. p,:4plicpnt and its successors and assigns, agreejhat inthe eventof.- . a full or partial taking of the Property ,by a governmental unit that the value ofthe Property taken will be based on its highest and best :use as it, existed :prior to the approval of.theintetirp.UsePermit. C. The interim use shall allow an open sales lot, which allows the display of goods for sale, rent, lease, or trade, where the goods are notenclosed within.a building in accordance with the, Site Plan. Additional landscaping must be added by the applicant to* comply with the original landscaping plan approved fOr the property. A revised landscape -plan -shall be sUbMitted 16r-review arid approval by the Planning Director. No parking or storage of,vehicles shall be permitted within the rear portion of the property (north :of any buildings on the site) until the landscaping has been installed per the approved plan and be in ,compliance with the review provided by the City Forester. E. All exposed soils and eroded areas on the site must be corrected and restored properly, F. All silt fencing shall be removed from the site. G. Merchandise being displayed on the exterior portions of the site shall be arranged in a neat and orderly manner: H. Applicant shall not accumulate or store junk vehicles or equipment outside of any buildings on the property. The Interim Use Permit is valid until any one o the events listed below occurs: 1. For ten (10) years from the date of he approval Of the - Interim Use Permit (October 19, 2010); - - 2. Upon the sale of the property or a transfer of ownership (the City will review said Permit with prospective and/or new owner(s) for potential renewal without new application). Until a violation of the conditions of this Consent Agreement; 4. Until a change in the City's zoning regulations, which renders the interim use non -conforming; or 5. Until the redevelopment of the Property for a permitted or conditional use as allowed by the City's zoning regulations. 4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the Council upon the occurrence of either events listed in Section (I, 1) and (I, 2) above. With the exception of (I, 2), a renewal application shall be requested- in accordance with Section 154.019 (J) of the City Code. 5.0 Rescission of the Conditional Use-. Any Conditional -Use Perrhi that was previously issued for the Property is hereby rescinded and replaced by this Consent Agreement/Interim Use Permit. 6.0 Acknowledgement and Consent. Appligant' adkribvviedgers that -this iS a legally binding agreement and that Applicant has had an opportunity to review the Agreement with legal counsel,_Applicant consents to the terms of this Agreement and its restrictions on the use of the Property and the Interim Use -Area: 7.0 Effective -Date, This Consent-Agreement/Interim Useyermiti'shallnsba--.effective upon execution by all parties. Date; 10/13/10 CITY OF LAKE ELMO By: -- Dean Johnston Mayor Midwest Recreational - Clearinghouse, LLC By: Its: Brian Livingston S;\Land Use\Interim Use\9200 Hudson Blvd N\Interlm Use Agreement - Cranky Ape.doc dwelt Recreational Clearinghouse usiness Activ Midwest Recreational Clearinghouse (MRC) has been in business since 2001. The company has warehouses in Arizona, California, Indiana, Georgia, Florida, Minnesota, Nevada, Texas, and Wisconsin. MRC is a re -marketer of insurance repairable and bank -repossessed powersport/recreational equipment. The Crankyape.com website provides these items for purchase by the general public via an online electronic bidding system. Common inventory items found on the auction site include Motor Homes, automobiles, ATVs, snowmobiles, watercraft, and trailers. - • - - • The basic business process for MRC involves taking physical possession of an assigned unit and selling it on the CrankyApe.com auction site. The consigning company (typically a bank, insurance company, or registered dealer) will submit an assignment- to MRC• via telephone or -oventheinternet onour vendor=site,,MRC--- - - will schedule to pick the unitup wherever it is located, and -transport it-back.to our nearest warehouse. The:unit is then prepped and displayed -for aUction/sale. The auction unit will remain on the CrankyApe.com website for 5-10 days, with a specified date and time that the electronic auction closes. At the time of closing, the unit is deemed sold to the current high bidder. The high bidder then has 3 days to, remit payment to MRC's Minnesota location, and retrieve the auction unit from the MRC location it is being displayed at. The available units are displayed at the physical locations and are available for viewing leading up to and during the actual auction. If r ; ! Plant Schedule Wry C114•1111141 WOMMISIN4' .oe ---- • < •006116.14 414oboollo mods I -1-+-F 111 11 --I I 1- I1 1 11 4K0o4laboo Kim Ilpsobi Me" flor A PM Maple Aar RAN. LC win I a I - - 6 I *POoLdla inootIolIon IC *Arlo I & 11 — 30 C 14444111146414** Al loudom. monk.. tloolollbe LC vole, I 4 I C. IN lino Illom RUMP. 4•6' wirloo III I 1 M*. Ono Mow ompbco 4• 6 M. 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' - ' .2.Erbsioptootrol measures will be established prior to construction - " The contramMr shall be responsible to review the ske. The contractor shall establish the ...-._ :::•_----. ..._,.reMovals end vegetation -clearing and.grubbing that k required to construct the plen, Soli conditions on site may vary • the contractor k responsible to establkh that proper subgrade compaction has been achieved prior to hstalkation of class S. bituminous paving, concrete curb and gutter and concrete paving S. The chair Nnk fence and gate materlas and installation dem& shall be established by the ovmar. ‘, A4 non -paved anus will be seeded with an approved MnDot bluegrass / ryegrass / fescue mix. NOT FOR CONSTRUCTION deverpo ever 0' 1 TIPIAMPIK1161001 4. 1141.W11144 Preliminary Site & Landscape Plan /_ fr , ---—------ 1 I -1 1 1 1 I I I I 1 • 1 1 . C..hoo4c.4 Vroych., pokr.. 4400..6•1114.4.3A 71,orrolbale 4' WHO. "fib. 1,0141.411,11014 et *Kid Mealredmr/1.4.1olle to. VrICHSIER HEARIJD ARCH/TILTS .est 5 41 WI LAKE ELMO AVENUE POWIT1 P.0,00X I 07 LA/41 LIMO MN 00042 Mom 111-217-7064 Fax 011-177-0011 6471411 da16444601,11011t46 owl ---. Oc-4 TameLj - pis leck,A1 __ nt Oa .401001,..1,01 Re glevi l'or keg • lo WO 0E14 et* 2R el Neill T %rub Plumes Dcl Boulder /Mining Well LI IM60110 00•140 coNacroolut9.24 I hereby or* II* two plow Will p ',Opel* by me. or LrOor or firm oupaYmion. rot Ken I on duly voiburol lonampo Arr. In iho low MIIMINSIN Poll W. Flier. OWN,. Arcihno hal. bIroortr Pap km 36,10 446.111•116.. "4.1,1P•0••••• #41r ,,•,, /A IMMO S. • +11. 41.4.•,, ,,, e.v.• ** *0..00 01•10 neer 6.7r • ...... 4.1146.404.444- e.011... ar•Nho 0. swum Son irt FINS / INtlet Ng rth SHEET LI CITY Of LAKE - .:ilitELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/19/2010 REGULAR ITEM #: 13 MOTION Resolution: 2010-058 _ AGENDA ITEM: _Bond Refinancing Resolution No, 2010-058 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Resolution 2010-058 authorizing issuance, awarding sale, prescribing the forms and details, and providing for the payment of $ 1,975,000 General Obligation Capital Improvement Plan Refunding Bonds Series 2010B. -"Move to -approve Resolution 20.10-0581authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the General Obligation Capital Improvement Refunding Bonds Series 2010B. • . - BACKGROUND INFORMATION: The City issued a General Improvement Bonds Series 2004A for a new Public Works Facility and City Hall. Due to the economy, the funds originally intended for a New City Hall are currently being used_ for improvements to existing public facilities, including upgrades for OSHA compliance and to buy down remaining debt on the original issuance and projects. STAFF REPORT: Staff has explored several options to refinance the debt on the G.O. Capital Improvement Bonds issued in November, 2004 and has concluded that issuance of the refunding bond would save the City approximately $197,500 in the long term. Mr, Paul Donna from Northland Securities will present the details and answer any questions. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve Resolution 2010-058 by undertaking the following action; -- page 1 -- City Council Meeting Resolution Authorizing 2004A Bond Refunding October 19th, 2010 Regular Agenda Item # 13 'Move to approve Resolution 2010-058 authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the General Obligation Capital Improvement Refunding Bonds Series 2010B. Alternatively, the City Council does have the authority table this item for future consideration, or 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 lelapprove Resolution 2oia-_oss [as amended at tonight's meetingLauthorizing _ — - issuance, awarding sale prescribing the forms and details an d for providing the payment of the General Obligation Capital Improvement Refunding Bonds Series 201013. ATTACHMENTS: I . Resolution No. 2010,058 2. Finance Plan Summary - SUGGESTED ORDER OF BUSINESS; ---- ,,,,,,,,,,,,,,,,,,, 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 ........ ................. ......... ........ Mayor & City Council Action on Motion....... . .......... ....... ........ ............,.. Mayor Facilitates — page 2 -- CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, SERIFS 2010B Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held October 19, 2010, at 7:00 p.m. at City Hall, Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including: - - - RESOLUTION NO. ;Lb I 0 53. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,975,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT_ PLAN_REFUNDING BONDS, SERIES 2010B I, the undersigned, being the duly qualified and acting recording officer of the Public -Corporation issuing the bonds referred lo 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 thegoverning 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 requiredhy law. WITNESS my hand officially as such recording officer on October , 2010. City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. Dok RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, _ PRESCRIBING THETORM AND -DETAILS AND -PROVIDING FOR THE PAYMENT OF $1,975,000 GENERAL OBLIGATION CAPITAL. IMPROVEMENT PLAN REFUNDING BONDS, SERIES 2010B - „ - BE IT RESOLVED by theCity Council (the "Council") of City of:Lake Elmo; Minnesota (the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. By a resolution, duly adopted on September 7, 2010, this Council - called for the sale ort-the-date hereofof approximately '$3,150,000 -aggregate 'principal amount of - General Obligation CapitalImprov.ement Plan Refunding -Bonds, Series 2010B, pursuant to -Minnesota Statutes, Chapter 475, the proceeds ofwhich will'be used along with available funds of the City to refund on February .1, 2013 (the "Crossover Date") the 2014 through 2025 . maturities, aggregating $2,845,000 in principal amount, of the City'S14,090;000 General -. Obligation Capital Improvement Plan Bonds, Series 2004A, dated November 1 ;-2004 :(the . - -"Refunded Bends'.?)'._ The Crossover Date is the earliest date on.which the Refunded Bonds may . be redeemed without payment of premium. It ishereby-determinedthatas-ofthecrossover': Date, (i) the present Value of the debt service onthe BOnds, computed to their stated maturity dates, after deducting any premium, using the yield of the Bonds as the discount rate, plus (ii) anyexpenSes- of the refimding payable from. a source. other than the proceed 's the i3Onds or . - • investment earnings thereon, is lower by % (notless than-3%);thanthepresentvalue of the debt service on the Refunded Bonds, exclusive of any premium;- computed totheir- stated.- maturity dates, using the yield of the Bonds as the discount rate, The maximum debt service payments to become due in any year on all outstanding capital improvement plan bonds of the City, including the Bonds •($ )' is-lessthan .716% of the taxable market value of the - property within the City ($ ). This Council hereby finds that the general obligation capital improvement plan bonds may be issued without an election pursuant to Minnesota Statutes, Section 475.521, subdivision 2. 1.02. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (5), the requirements as to pUblio' sale do not applY to the issuance of the Bonds. .A proposal. has been received from Northland Securities, -Inc., Minneapolis, Minnesota (the'Purchaser"). In accordance with the terms of offering for the Bonds, it is hereby determined to issue the Bonds in the principal amount of $1,975,000 at a price of $ plus accrued interest of $ , and upon the further terms and conditions set forth herein. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of the proposal, 1.03. 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 Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. SECTION 2.- BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Maturities: Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of November 15, 2010, 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 date of original 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 • 2014 $135,000. 2015 150,000 2016 150,000 2017 155,000 2018 •160,000_ --- - 2019 160,000 2020 - _ $165,000— . % 2021 17.0,000 - • 2022 175,000 . . _185,000 - . •• ,..• - ,[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon .surrender.ofeach Bond,the principal ,amount thereof shall be payable by.check„or :draft issued by - - theRegistrardescribed.hereini provided -that, so. long,a.sifthe Bonds:.are-registeredin the name of a securities depository, or a nominee thereof, in accordance with Section 2.07 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. •• . _ •-.. ._.; _ • . 2.02. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.06 and upon any subsequent transfer or exchange pursuant to Section 2.05, the date of authentication shall be noted on each Bond so delivered, exchanged or_transferred. Interest on the Bonds shall be pa- yable on February 1 and August .1, commencing August 1, 2011, each such date being referred to herein as an Interest Payment Date, to the person in .whose name the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such 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. 2.03. Redemption. Bonds maturing in 2020 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, 2019, and on any date thereafter, at a price equal to the 2 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, but no defect in or failure to give such mailed notice of redemption shall affect the validity of:proceedings:fat...the redemption of any:B_ondiaot uffectedbrsuchdefect 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 awl after such -date (unless the Cityshallslefault inthepayment of the — rederription.piice), such Bonds..or_portionslofBonds shall.eease 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] maturing9n February .1, 20. and 20 . (the Tenn -Bonds) shall be subject to mandatory redemption priorto.maturity pursuant to the sirildrigfund requirements ofthis Section, 2.04 at a redemption price _equal to the stated principal amount thereof -phis -interest accrued ,,„ - • , -thereon totheredemptiondate,.withoutpremiura.. The Registrar shall,-selectfor redemption, by ._ lot or -.other manner.deemed fair, -on February-1 in eaph.olthefollowing years -the following -stated,prindipalumounts.of such - . - TerniBonds Maturing Februarvi:2 - • ' " . 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 Arnount 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.] 2,04. 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 lawto -conduct::such business-,-such..corporatioirshallbe:authorizedto: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, effectivoupon..not.less.than thirtrdays-'-writtennotice and upon the appointment and acceptance. of a-successorRegistra4 in:which-event the predecessorRegistrar.shallAeliver:all.cashand- . - - Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.05. 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 bond register in which the Registrar shall for the registration:of ownership:of. Bonds and theregistration of transfers and .exchanges of Bonds-entitled.to_beregistered; .transferred,orexchanged.. .-„. - . - (b) TranSfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly -executed by the owner -thereof or by -an attorney duly authorized by the registered owner in writing, the Registrar shall - authenticate :and deliver; in the name of the designated transferee -or transferees; one or more new Bonds °fa 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. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. . (d) Cancellation. All Bonds surrendered upon any ,transfer or exchange shall be promptly canceled by the Registrar -and thereafter disposed of as directed by the City, (e) Improper 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. 4 • - . (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 any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a:charge upOrt the- ownerthereof-sufficient to reimburSethe kegisfrar for any tax, fee orother " governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilate& 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 of the - - Registrar itreonneptiOn therewith, and, in the .case of a:Bend'deStroyed, stolen or -lost, Upowfiling with the Registrar of evidence satisfactory to it that the Bond waS destroyed, - - stolen or -lost; and ofthe 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 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. 106. :Execution. Authentication and -Delivery. - The Bonds shall -be prepared Wider. the direction of the City Administrator and shall be executed ow:behalf of the Citybythe signatures " of the Mayor and 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 the Bonds shall cease to be such officer before the delivery of any 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 delivery. 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 has been 5 duly 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 each Bond shall be conclusive evidence that it has been 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. _ 2.07. 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. _ "DTC" shallmean The Depository Trust_Company of -New York.,, New York. - .`Participant",-shaltmeananybroker-deater,:bank-or other financial institution for which DTC holds,Bonds :as securities:depoSitory: . •_.— • _ " •.. , "Representation.-Letter"-shall;mean the Representation Letter pursuant to whieh the sender agrees to comply with DTC's OperationalArrangementS, — )r.::TheSonds,'shallbeinitially-issuedr-as :separately antlieriticated'fiillYtegiStered.honds; 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 personwhichis•not shown on the bond 4egisteris,being'a registered owner of any Bonds, with respect to the accuracy of any records maintained by 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, 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 6 and effective to filly 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 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-beable to .obtain:Bonds in the form of bond certificates; the City may notify DTCand — the Registrar, whereuponDTC shall notifY the PartiCipants'oltheaVailability 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. - - - (d)-The-eXecution and-deliVeryOfthe'R-epresentation-Letter ta-DTC`by the Mayor or City Administrator, if not previously, filed, is hereby authorizedand direeted • .•... . • :(e), In -the event that-any:transfer or;ex-change;of,Bonds permittedlinder:paragraph:(b) or (c) hereof, such transfer orexchange shall -be acconnpliShed upon receiptbytheRegiStiar of. -- the Bonds to be transferre&or-exchariged and appropriate instruments Of transferto the. permitted transfereein -accordanee:With.the provisions of this re-§Olution. 'In the event Bonds'in-the form of certificatesare iSsued tb oWners other than Cede & Co., its successor as nOrnineefor DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions resOlvtioirShall alSOapplyto'all,tnatteifieratirigthereto;thchidirig;'w.itliditfliinitation,-the.' - printing of such Bonds intheform ofbond certificat&S and the method of payment of principal of and interest on such Bonds.in the form of bond certificates. . - 2.08. Form of Bonds;-, The Bonds shalrbe prepared -in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON GENERAL OBLIGATION CAPITAL IMPROVEMENT,PLAN REFUNDING BONDS, - - SERIES 2010B - = No. R- $ Rate Maturity Date Date of Original Issue CUSIP No. February 1, 20 November 15, 2010 7 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CU Y OF LAKE ELMO, MINNESOTA (the "City"), acknowledges itself to be indebted and hereby promises.to pay to the registered.o.wner named above,. or registered assigns, the.principal amount specified above on the maturity date specified above and promises to.p_ay interest thereon from the date of original issue specified aboVeor from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on_February 1 and August 1 of each-year,,commencing.. August 1, 2011 -,(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 immediately preceding -month.. :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 principal:office of the Registrar. described blow,i the:principal hereof are payable in lawful.money-ofthe-UnitedStates of America.hycheck:or„draftdrawn on Northland -Trust :Services-, ine.-,-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 fullTayMent.of such:princip al:and-interest ;as -the_. s ame -respectively become due, -the -fitll faith:andereditand. taxing -powers .of the:City havehemandare herebyirrevocably . . This Bond is one of an'iSsue in the aggregate prinCipal amount of $1;975,000 issued pursuant to a resolution adopted by the City Council on October 19, 2010 (the "Resolution"), to ,-:_provide funds; togetherwith otheravailable.:fimds of the City4o refundlhe20.14Ahrough2025 - maturities,:aggregating $24845,000 in principal amount, -oftheCity's:$4,090,000 General Obligation Capital Improvement Plan Bonds, Series 2004A, dated November:1., 2004., This Bond is issued by authority of and in strict accordance with the provisions of the Constitution and laws of theState of Minnesota thereunto enabling, including Minnesota Statutes, Section 475.521 and Chapter_475. The Bonds are -issuable only in fitlly. registered form, in denominations of $5,000 or any multiple thereof, of single maturities, Bonds maturing in 2020 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;4*Febtuary 1, .2019, and on any d.ate 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 8 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 inthe-years 20 and 20 ,:shallbe.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: Temi Bonds Maturina in 20-- Term Bonds Maturing in 20-- Sinking Fund_ _ Aggregate_ . Sinking Fund, Aggregate , Palm -lent Date Principal Amount_ Pavnient Date ., PrincipalAmoUnt - ,- - Notice of redemption shall be given as provided in thC_Precedingparagraph. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section, of the Internal Revenue Code of 19$0, as amended. _ _ Notwithstanding any other proVisions of this Bond so long as this Bond is tgiteredin 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 sectuities 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. The City -and- the Registrar may deem and -treat theperson in whose name thisBond is registeredas the absolute owner hereof, whether this Bond is -overdue -or not, for the purpose of - receiving payment and for all otherpurposes, and neither the.Citynorthe_Registrar shailbe.„.; ffeeted bY any notioeto ' • 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 preliminary 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 teiius, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City has levied ad valorem taxes on all taxable property in the City, which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five 9 percent in excess of the principal of and interest on the Bonds when due, and has appropriated the taxes to its General Obligation Capital Improvement Plan Refunding Bonds, Series 2010B 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; 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 deliverydoes.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 the Mayor and City Administrator. CITY -OF LAKE ELMO,.MINNESOTA , (Facsimile Signature-Citv Administrator)_, Signature-Mavor) CERTIFICATE:OF AUTHENTICATION This is one olthe Bonds, deliveredpursuant to stheResolution mentioned,within„ . - - Dated NORTHLAND 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 TEN ENT -- as tenants by the entireties UTMA ..... . ..... .....„,. as Custodian for ............. (Cust) (Minor) under Uniform Transfers to Minors Act ......... ....... 10 JT TEN -- as joint tenants with right of survivorship and not as tenants in common (State) Additional abbreviations may also be used: ASSIGNMENT .„._ -For value reeeived, the undersigned hereby sells.,-.assigns-andtransferslmte'--- - - - - „. the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to „transfer thesaid_Bond- on.. the books kept for registration -of the within.Bond,.with full_ power of substitution in the premises. - Dated: Signature Guaranteed: ' . NOTICE: The assignor's signature to this .:assigmnent must:correspond with. the:name- as it appears upon the face of the within Bonci in every particular, without alteration or enlargement or any - Change whatsoeVer,1 Signature(s) must be guaranteed by an "eligible _guarantor institution" meeting the requirements _ of the Registrar, Which requirements Mande membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to:er 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 form of bond] 11 SECTION 3. USE OF PROCEEDS. Upon payment for the Bonds by the Purchaser, the Registrar shall deposit the proceeds of the Bonds and certain amounts with respect to the Refunded Bonds in accordance with the Escrow Agreement dated as of November 1, 2010 (the "Escrow Agreement"), between the City and Northland Trust Services, Inc., as escrow agent (the "Escrow Agent"). The funds so deposited with respect to the refunding of the Refunded Bonds shall be invested in sectuities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, to pay all interest to become due on the Bonds to and including the Crossover Date and to pay and redeem the outstanding principal of the Ref-unded Bonds on the Crossover Date (and the amounts in such account are irrevocably appropriated to such purposes). The Mayor and City Administrator are hereby authorized to - enter into the Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. SECTION 4.- GENERAL OBLIGATION CAPITAL IMPROVEMENT -PLAN REFUNDING BONDS. SERIES 2010B BOND FUND. The Bonds shall be payable from a separate General . Obligation Capitalimprovement Plan Refunding Bonds, Series .2010B Bond Fultd-(the "Bond Fund") of the City, which Bond Fund the City agrees to maintain until the Bonds have been paid in full. - If the money in the Bond Fund should at any time be insuffici entnto pay principal and interest due on the Bonds, such amounts shall be paid from other morieysonhand_in other funds ofthe City,7which-other funds shall reimbursed;therefor -when-sufficient-money-becomes available in the Bond Fund,. The moneys on hand in the Bond Fundfrom tirne to time shall be - .used only to pay the principal of and -interest on the Bonds.Antothe Bond Fund shall be paid:' (a) the amounts appropriated thereto pursuanttothe Escrow Agreement;.(b) all'receiptsof-. prindipal and interest on the investments held iiithe'eScroW-ade6tirif eStabifshed-Piirstilant to - Section 3 to and including the Crossover Date (other than the sum of $2,845,000 received from maturing investinents -on theCrossover Dateto be:Used tOretire the.Refithded Bonds);(e alt- - taxes collected pursuant to Section 5; and (d) any other funds appropriated by the Council for the payment of the Bonds, . . SECTION 5. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate 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 to be levied and collected in the following years and amounts: Levv Years Collection Years Amount See attached Schedule I The 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 the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. 12 SECTION 6. BOND FUND BALANCE RESTRICTION. In order to ensure compliance with the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations thereunder (the "Regulations"), upon allocation of any funds to the Bond Fund, the balance then on hand in the Fund shall be ascertained. If it exceeds the amount of principal and interest on the Bonds to become due and payable through February 1 next following, 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 otherwise received from bond counsel) be-usedto,prepay the - Bonds, or invested at a yield which does not exceed the yield on the .Bonds calculated in accordance with Section 148 of the Code. • - SECTION3T-DEFEASANCE—WhervalFof the.Bonds 'hayebeert discharged:as:provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners 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 fouthepaymentthereof 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 tothe-date ofsuch•deposit..- 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, bydepositing irrevocably in escrow, with.a bank or trust- company qualified by law as an escrow agent -for this-purposeeask-orsecuritie& which are nuthorized by law-le-beso,d epo sit ed;-,bearinginterest payable, at -such time,and at -such rates and.maturing or callable at option on .such -datesas shall-berequired to'pay-all principal -and interest -to become due,'thereorrto maturity, provided,,however:thatifsuch- deposit is made inorelhan ninetrdaysbeforeAhe...maturity.,date:.ofthe.Bonds.to,be:dischargedthe. City .. shall haVereceiVed a written opinion of Bond Counsel t6 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 hanldng:_:firntv_erifyingtbattthe depOsitiS-sliffici ent to pay when due all of the principal and interest on the Bonds to be discharged on and before theirmaturity dates. • SECTION 8:-TAX-COVENANTS: ARBITRAGE MATTERS AND.CONTINUING DISCLOSURE . 8.01. Covenant. The City covenants and agrees with the owners from time to time of the Bonds, that it will not take, or permit to be taken by.any ofits officers, employees:or agents, any action which would cause the interest on the Bonds to become includable ingrosS income Of the - recipient under the Code and applicable Regulations, and covenants to take any and all affirmative actions Within its powers to 'ensure that 'the interest on the Bond§ will notbecome includable in gross income of the recipient under the Code and'applicableRegulations. 'The City represents and covenants that all improvements financed from the proceeds of the Refunded Bonds are and will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City has not and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use, operation or maintenance of the Project or any part thereof which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 13 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 the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proeeeds of the Bonds -will not be used ina manner that would cause:the:Bonds to be "arbitrage bonds" within the meaning of the_Code :and :the applicable - Regulations. . . 8.03. Oualified Tax -Exempt Obligations, The Bonds are hereby-designated•as "qualified _.---:tax-exemptiobligations"-for :purposes of Section 265(b)(3):-ofthe-Code telating:tO disallowance of interest expense for financial institutions, and the City hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations which will be issued by the City and all subordinate entities during calendar year 2010 does not exceed $30,000,000. . . „ . 8.04. Arbitrage Rebate Exemption. For purposes of complying with the requirements of ,Section.1.4(f)(4)(1)).ofthe_Code.relating_0. -the:exemption of .certain small„governmental units from..the.sehate_requirements Cityzepresents „... the City is a governmental unit withgenerairtaxingpowers; ..„ the Refunded Bonds qualified for the exceptionftoin arbitrage rebate • •.. • • • •• provided by ,Seetion14.8(f)(4)(D)(i) of the Code;„ • . the aggregate face 'amount of all-taX-exemptbondS (ether.than private . activity bonds) issued by the City in the calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,0.00,090; , • (iv) thaveraethaturity of the Bonds ( years) does not exceed the remaining average maturity of the Refunded Bonds ( years); and .• . - no Bond has a matUritYdatewhicli is later than 30:years after the,date the Refunded Bonds were issued. Therefore, pursuant to the provisions of 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 notwithstanding the provisions ofthe inunediately:precedirigparagraph, Abe arbitrage _rebate provisions of Section .148(0 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. 8.05. Redemption of Refunded Bonds. The City Administrator is hereby directed to advise Northland Trust Services, Inc., as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the Crossover Date and to give notice of redemption in accordance with the resolution authorizing the issuance of the Refunded Bonds. 14 8.06. Continuing Disclosure. (a) 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-tolithei, the Rule); which wil1 enhance the marketability of the Bonds, the makes thefollowing-covenants.-and - - agreements for the benefit Of the -OtierS (as -hereinafter defined) from timetO.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 ofidentifying the entities -in respect :of -which.continuirig ;. diSolcistire must be made. TheCitylas-cornpliedirrall-material- respects- withany undertaking previously entered into by it under the Rule. 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.seetion,including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall -not be recoverablefor any -default hereunder to,the.ektent-perniittedby '-'lawF.NcitwithstaridinganythingAOihe,cOntrary'eOritained herein; in no '.everit. shall 'a default under this section constitute a default underthe.Bonds-or under ,any -other provision of this resolution. As used in this section, Owner or :Bondowner means, in. resPect of al3ond; the registered oWner. or owners thereof.appearing•in the -bond register -maintained by theRegistrar.oranyBeneficial .-:Owner OS -hereinafter .defined) thereof; if stielfBerieficiallOWner provicIdg-to-th:Rtgi§tilif. evidence of such beneficial ownership in form and substance reasonably satisfactory to the - Registrar. As used herein, Beneficial .0w.nermeans,.inrespect of a Bond, any person otentity -Whicif(a)liaS the diteetly or inditectly,-to vote or e-Ons-ent With respect to, Or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, • depositories -or-other-intermediaries), or (h) is treated as,thcowneroftheSendfOrfedcra1-1 "- 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 information 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, 2010, the following financial information and , operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements ofthe City for such fiscaryear,:containing _ . balance sheets -as oftheend ofsuch fiscal year arida statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified 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 15 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 therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and :the:extent not -included in the financiatstatements •referred.toin 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; -- • , -..-Econornicand,-Financial Information, Summary of Debt andDebt Statistics, • General -Information ---hMajor -Employ ers"'•and P errnits.': 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 itis-.uPdatedaS. • requiredhereby; 'fromothet-documetitOnclUding-officialrgatements4- wilich'have been _submitted to each of the repositories_hereinafter referred to under subsection (c) ortheSEC.....1fthe- • - document incorporatedbyreferenceis- a final official statement, it -mustbe available from the Municipal-Securities,Rulerriaking-.Board,(the'"MSRBr)..- The Cityshallclearly:identify-in'the Disclo.sure.:hiforination-eacli,document-so-incorporated byreference- if•any-partiof the' ••DisclosureInformation--can. nO•longerbe,geneiatedhe6ause the ,Operations:f the City have - -,Inateri ally ehanged.orbeen,discoritinned,...such• Disclosure Information longerbe, • • • • • provided if the City includes in the Disclosure Infoi MatiOnal statement to such effect, provided, however, if such operations have been replaced by other City operations in respect of which data is notincludedimtheDiselosurelnforrnation-andAhecity-determines-lhattertairt specified:data- -- regarding such replacement operations .would be a Material_Fact (as defined in paragraph (2) hereof), then, .frorn and after such determination, the Disclosure Information, shall include such additional specified data regarding the replacement operations. If the Disclosure Information 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, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): • (A) Principal and interest payment delinquencies; - (B) Non-payment related defaults; (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 or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; 16 (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As usedlereitca-Material at i faet aS tO.Which a substantial likelihood exiSts-that a --- • ,, - ,•:- - -.reastinably,prudent investor would attach importance thereto in .cleeiding-to.liuy, hold or sell a Band or,if not disclosed,- would significantly alterthe 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; a MaterialFact is alsor.an -event-- thatWould beleprieditiaterial. for:put-pa-sea .afthe:purchase;'hoi-ding:-orsale•afaBbnd within the •--• - • ••• • meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. timelymanner, notice of the,oecurrence of,any A:)f.the-following...eventsor _- conditions: — —(A)--thefailure of ther-Cityto=provide theDiSclosure InfOrmation required under - paragraph :(b)(1) at the time specifiedthereunder; • - - '(B)- the amendment or supplementing---ofthissectionpurstiantto subsection (d), - - - : " together with_a:coprof such amendmentar supplement-andany explanation - - proVicled by the -City under—SubsectiOrqd)(2); - - • .(C) . the termination of the obligations ofthe,City under this section pursuant to • (D) any change in the accounting pi-Mei-131es pursuant to Which the firianeial- - • •• • • statements constituting a portion of the Disclosure Information are prepared; " - (E) any change in the fiscal year_of the City: (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to_thelollowing _entities by-tele Copy,. overnightdelivery,--Mail 'Or other means, as appropriate: - - - (1) the information described in paragraphs (1), (2) and (3) of subsection (b), to the MSRB through EMMA; (2) the infoimation described in subsection(b), to any rating agencythenmaintaininga rating of -the Bonds at the requesi-of the City and, at the=expense of such Bondowner, to any Bondowner:Who;requests:in-writing-suCh information; at the time of transmission under paragraph (1) of this subsection, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released; (3) all documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. 17 (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 oflegislative action. orfinal judicial_or administrative actions or proceedings, the failure ofthe City to Withthe requirements. of this sectiOri' will not cause participating underwriters in the primary offering of the Bonds to be , • in violation ofthe•Ruleor other applicable requirements.oftheSecurities Exchange • - - --Act of 1934,-as,amended;-oCany statutes'Or laws sudeesSOry thereto or 'amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be -- amended or- supplemented bythe -City-from timeAo rime; without notieeto-(except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a -.resolution ofthis•Council:filed inthe_o_fficeOlthereeordingofficer • accompanied-by_an.opinion-of B:ond _Counsel;:.whomayrelrom _certificates.. of the _ City.and.others_and-th.e;opinionmay.besubject to -customary qualifications, to the effect that: (i) such amendment or .supplernent-(a),is made in 'connection with a • change --irt eircumstances4hatarises -fioma-change inlaworregulation or 'achange -in --1-theidentity,..nature or status -of the'City or theityPe of operations condtictedby.the. ----City, or (b) is required by, -.or bettercomplies.withytheprovisions,of-paragraph.(b)(5) - of -the Rule;: (ii)....thi s. section as soamendedorSupplemented*diildliavezomplied:-::::::---'•.:_':-....- With the requirements ofparagraph (b)(5)-of the Riileat -the time Of thePrirriarY offering of the Bonds, giving effect to any change in circumstances applicable under --.clause,(i)(a)-andiassumingthatthe Rule as in effect -and interpreted:at-the time of the amendment.or supplement was..in effect.at the:time of the primarroffering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. „ . . . . . 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 beingproyided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of .„ the Ruleand should be eonStrtied*SO as to satisfy -the requireineritS7.ofpax - '.(b)(5.).ofthe • _ - • - SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration and Lew of Taxes. 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 certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Auditor's bond register. 18 9.02. Authentication of Transcript. 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: sarne_appear from -the books and records in . their -custody :and controterfas:etherwise known:to-Them,: andell, such, certifiedeopies, affidavits and certificates, including any heretofore furnished, shall be deemed repreSentationSbf theCity as to the correctness of all statements contained therein. Statement,The-„Preliminary--Officialr---Statementrelatin-g,to the Bonds, dated October 13, 2010, 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-,,detiverrdate,Aheunderwriters-and,such- other information relating to the Bonds required to be included in the Official Statement by Rule 150142:adopted-by the-SECunder the Securities Exchange Act of 1934. The .officers -of the City-, are herebyauthorized and.directedto execute such:certificates- as may be -appropriate concerning the accuracy;-completeriess,and sufficiencyofthe :Official Statement.- . .1.-. • ' • Upon vote being taken thereon the following voted in-faVor thereof and_ the following voted against thesame:„..., whereupon the resolution was declared duly passed and adopted. 19 SCHEDULE I LEVY CALCULATION Levy Year .Collect Year Levy • - . CERTIFICATE OF COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting Washington County Auditor, hereby certifies_that_there has been filed in myoffice .a certified copy -of a resolution.duly adopted on October 19, 2010, by the City Council of the City of Lake Elmo, Minnesota, setting forth the form and details ofan issue of $1,9.75,000 General ObligatiOn'Capital'irripfoVernent Tian_ Refunding Bonds, Series 2010B, dated as of November 15, 2010, and levying taxes for the -payment thereof' I. -further certifylhat the issue.has,been .enteredon.my bond register .and The -tax required.' . .. by law. for their,payment has beenlevied-and filed as -required by -Minnesota -Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of - 2010. County Auditor (SEAL) C .ty_of._Lake Elmo, Minnesota S1,975,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2010B Prepared by: 45. South 7th Street Suite 2000 Minneapolis, MN 55402 612-851-5900 800-851-2920 October 13, 2010 City of Lake Elmo, Minnesota $1,975,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2010B Financing Overview: Proceeds from this bond issue, together with approximately $1,000,000 of debt service funds on hand, will be used to crossover refund on February 1, 2013 the February 1, 2014 through 2025 maturities of the City's GO Capital Improvement Plan Bonds, Series 2004A to achieve interest cost savings for the City. A detailed illustration of the sources and uses of funds is as follows: - Refunding Summary Dated 11115120101 Delivered 11/3012010 Sources Of Fundi Par Amount of Bonds Transfers from Prior Issue Debt Service Funds Accrued Interest from 11/15/2010 to 11/30/2010 $1,975,000.00 1,000,000.00 1,9DB.75 Total Sources $2,976,908.75 Uses Of Funds Deposit to Crossover Escrow Fund - TotatUnderwriter's Discount (1.850%) Costs of Issuance Rounding Amount • 2,925,006.02 36,537.50 . 14,195.00 1,170.23 Total Uses $2,976,908.75 The debt service comparison of the 2004A debt service to the new 2010B debt service is illustrated as Exhibit A. This is a "crossover" refunding so the City will continue to make the principal and interest payments on the Series 2004A Bonds thru February 1, 2013 at which time the City will crossover and start making payments on the Series 2010B Bonds. The escrow account set up to will the 2010B bond proceeds will make all the interest payments on the 2010B Bonds through February 1, 2013. The City will began making principal and interest payments on the 201013 Bond on August 1, 2013 and thereafter. The interest estimate on the Series 2010B Bonds is based on an assumed average rate of 2.35%: The principal payment structure is based on level savings over the life of the issue. The City expects to fund debt service from property tax collections. Contribution of Funds - as mentioned above, the City will contribute approximately S1,000,000 of an available $1,750,000 of debt service funds and excess bond proceeds to reduce NO Page 2 SECURITIES the amount of the new refunding bonds. The $1,000,000 contribution was determined after diligent discussions with City staff and the City's bond lawyer. Of the remaining balance of $750,000 of available funds, $285,000 will be programmed for capital projects related to City hall and public works facilities, $200,000 will be use to reduce future debt service levies on the 2004 Bonds and $265,000 will be used for debt service cash flow. Related Considerations: Bank Qualified - We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501c3 corporations) does not anticipate issuing more than a total of $30,000,000 in tax-exempt debt during this calendar year. Therefore the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law if the Bonds are sold as Tax Exempt securities. Arbitrage and Rebate - We understand the City anticipates issuing S5,000,000 or less in tax-exempt bonds in calendar year 2010 and therefore any arbitrage earnings in the construction fund will be exempt from rebate. This exemption from rebate does riot eliminate the need to comply with other arbitrage regulations governing the investment of bond proceeds and debt service funds. In particular, the City should become familiar with the requirements for maintaining a "bona fide" debt service fund. These requirements will be explained in the bond transcript following closing. • The Bonds will be global book entry with a bank 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 the City's outstanding debt is more than $10.OM it is subject to full disdosure requirements of the Securities and Exchange Commission. Northland can assist the City in complying with these requirements. NORTHLAND. Page 3 ECURITIES Summary of Recommended Tennsl 1. Type of Bond Sale 2. Bond Pricing 3. Council Consideration 4. Statutory Authority 4. Repayment Term. Negotiated with Northland Securities Wednesday, October 13, 2010 Tuesday, October 18, 2010 at 7:00 p.m. The Bonds are being issued pursuant to Minnesota Statutes 429 and 475. The Bonds will-matUre annually each February 1, 2014 - 2025. The escrow account set up with the 2010B bond proceeds will make all the interest payments on the 2010B Bonds through February 1, 2013. The City will began making principal and interest payments on the 2010B Bond on August 1, 2013 and thereafter, --- • Securi " "1 :ea1 obligation pledge of the City. TheCit expect § to fund debt service from property tax collections. 6. Prepayment Feature 7. Tax Status 8. Credit Rating The Bonds maturing February 1, 2020 - 2025 will be subject to prepayment on February 1, 2019 at a price of par plus accrued interest. Dorsey & Whitney, LLP The City's general obligation debt is currently rated AA by Standard & Poor's and Aa2 by Moody's Investors Service. „ We recommend pursuing a single credit rating by Moody's Investors Service because it will be the most cost - effective option. - ' _' Page 4 NORTHLAND: CURITIES EXHIBIT A Debt Service Comparison Date Total P+I PCF Existing DiS Net New INS Old Net WS Savings 02/01/2011 - ' 237,268.75 236,098.54 (762,731:25) (998,829.79) 02/01/2012 55,481.00 ' .(55,481.00) 304,267-.50 304,267.50 304,267.50 - 02/01/2013 45,810.00 (2,890,810.00) 3,153,492.50 308,492.50 308,492.50 - 02/01/2014 180,810.00 180,810.00 307,110,00 126,300.00 02/01/2015 194,392.50 194,392.50 305,365,00 110,972,60 02/01/2016 192,442.50 - 192,442.50 308,150.00 115,707.50 02/01/2017 195,042.50 195,042.50 305,360.00 110,317,60 02/01/2018 197,175.00 197,175.00 307,170.00 109,995.00 02/01/2019 193,895.00 193,895.00 308,370.00 114,475.00 02/01/2020 195,295.00 195,295.00 308,940,00 113,645.00 02/01/2021 196,252.50 196,252.50 308,860.00 112,607.50 02/01/2022 -- - 196;747.50 - - - 196,747.50 - ' 308,360,00 111,612.50 02/01/2023 196,847.50 - 196847.50 307,160.00 110,332.50 02/01/2024 196,627,50 196,627.50 305,300.00 108,672.50 02/01/2025 195,985.00 195,985.00 307,980,00 111,995,00 Total $2,432,003.50 (2,946,291.00) ,695,02B 75 $3,180,371.04 $3,538,173.75 $357,802.71 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings Net PV Cashflow Savings @ 1,500%(User Defined)... Transfers from Prior Issue Debt Service Fund...... Contingency or Rounding Amount Net Present Value Benefit Net PV Benefit/ $2,977,322,78 PV Refunded Debt Service Page 5 NORTHLAND 1,196,362.53 1,196,362.53 (1,000;01070.0201) 10 $197,532.74 6.635% .SECURITIES EXHIBIT B Debt Service S.chedule. Date Principal. ...Coupon... . Interest . Total P+I Fiscal Total 11/15/2010 - - . _ _ 08/01/2011 44,848.00 44,848.00 - 02J01/2012 76, 31,533.75 31,533.75 381.75 08/01/2012 31,533.75 31,533.75 02/01/2013 31,533.75 31,533.75 63,067.50 08/01/2013 31,533.75 31,533.75 02/01/2014 - - - 230,000.00 ' 0,750% 31,533.75 261,533.75- 293,067.50 08/01/2014 30,671.25 30,671.25 02/01/2015 230,000.00 1.050% . 30,671.25 . 260,671.25 291342.50 08/01/2015 - - 29,463.75 - - 29,463.75 02/01/2016 235,000.00 1.40D% 29,463,75 264,463.75 293,927,50 • 08/01/2016 - - 27,818.75 - 27 818.75 , 02/01/2017 235,000.00 1.650% 27,818,75 « 262,818.75 290,637.50 08/01/2017 25,880.00 25,880.00 02/01/2018 240,000.00 1.850% 25,680.00 265,880.00 291,760.00 08/01/2018 - z- ---- 23,600.00 23,660.00 - 02/01/2019 245,000.00 2.050% 23,660,00 ' 268,660.00 • _ _ 292,320.00' 08/01/2019 .. . • . — _ ____ _ 21148.75 _. _ ...-_, 21,148.75 02/01/2020 250,000.00 . -- 2.250% - - ----* 21,146.75 * • -271,146.75" , , . . 292,297.50 08/01/2020 255,000.00 18,336.25 273,336.25 291,672.50 02/01/2021 2.450% 08/01/2021 - 15,212.50 15,212.50 - -- 02/01/2022 - -- , • 265,000.00 , - -• - 2.600°6 - ' - — 15,212.50 280,212:50- - - -' - ' -.295425.00 - - 08/01/2022 11,767.50 11767.50, , - 02/01/2023 270,000.00 2.700% 11,767.50 , 281,767.50 293,535,00 08/01/2023 8,122.50 8,122.50 ,. 02101/2024 275,000.00 2.850% 8,122.50 283,122.50 . 291,245,00 08/01/2024 4,203.75 4,203.75 _ 02/01/2025 285,000.00 2.950 °A, 4,203.75 289,203.75 293,407.50 Total $3,015,000.00 $635,086.75 $3,650,086.75 Dated Delivery Date First Coupon Date First available call date Call Price Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Page 6 NORTHLAND 11/15/2010_ 11/15/2010 8/01/2011 02/01/2019 -• • 100,00% • 2.3529139% 2.5344294% 2.5377646% SECURITIES CITY OF LAKE ELM 0 MAYOR& COUNCIL COMMUNICATION . • , DATE: 10/19/10 REGULAR ITEM.: 1 0 MOTION Resolution 2010-056 AGENDA ITEM: A Resolution Authorizing the City to Participate in the Minnesota Blue Star Award Program SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider authorizing City Staff to complete the online assessment for becoming a Blue Star Award City. The Blue Star Award Program is designed to promote and reward cities and townships .who take a leadership role in protecting water quality through stormwater management. The recommended motion to act on this is as follows: "Move to Approve Resolution No. 2010-056 authorizing the City of Lake Elmo to Participate in the Minnesota Blue Star Award Program." BACKGROUND INFORMATION: The Minnesota Blue Star Award Program is awarded to cities and townships that excel in protecting water quality by effective stormwater management practices and policies. Becoming a Blue Star City will give positive public recognition for each City that receives the honor. The program is available to all communities who volunteer to •take the online self - assessment which will evaluate the City's current stormwater management policies and performance, STAFF REPORT: As a MS4 community, Lake Elmowould 1havetoeam at least 60% of the possible points to become a Blue Star City. Once a City becomes Blue Star they will retain that status for a period of three years then will have an opportunity to retake the assessment to maintain their status, As a Blue Star community, Lake Elmo would be granted access to numerous resources for community outreach, and receive publicity in local newsletters, articles and press releases, There are no annual fees or costs associated in taking the assessment or in receiving the award. -- page 1 -- City Council Meeting October 19th, 2010 Resolution Authorizing City Participation in Blue Star Award Program Regular Agenda Item # 10 RECOMMENDATION: Based upon the above information, it is recommended that the City Council authorize City Staff to participate in the Minnesota Blue Star Award Program. The recommended motion is to: e to Approve Resolution No. 2010-056 authorizing the City of Lake Elmo to Participate in the Minnesota Blue Star Award Program." Alternatively, the City Council does have the authority table this item for future consideration, or 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. 2010-056 authorizing the City of Lake Elmo to Participate in the Minnesota Blue Star Award Program Jas amended at' tonight's meeting]." ATTACHMENTS: Resolution No. 2010-056 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 ...... ...................... ..................... .. City Engineer ..............................................Mayor Facilitates ..............:...............................Mayor Facilitates ..................................... Mayor & City Council ..................................... Mayor & City Council ::..:......:............:.....Mayor Facilitates - page2-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-056 A RESOLUTION AUTHORIZING THE CITY OF LAKE ELMO TO PARTICIPATE IN THE MINNESOTA BLUE STAR AWARD PROGRAM WHEREAS, Lake Elmo wishes to support a model of governrnent which benefits our residents now and far into the future by exploring and adopting sustainable, economically -sound, local government practices; and WHEREAS, the Community of Lake Elmo has already made signwant efforts to impr ve water quality and address stormwater runoffpollution by implementation of stormwater best management practices throughout the City, such as the City's rain water garden program and stormwater management ordinance; and WHEREAS, the degradation of water.quality has .thepotentiat to negatively impact -local, regional and state economies; habitat;. ecologicaLcommunities,...including_nativefish and wildlife. . _ „populations; spread invasive species and exotic diseases; reduce drinking.water supplies and recreational opportunities; and pose health threats to our citizens; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby authorize the City of Lake Elmo (the "Community") to participate in the Minnesota Blue Star Award program. Be it !tether resolved that the Community.' 1 - -Appoints TKDA to serve as the Community's Blue Star Award coordinator to facilitate program implementation,' and 2. Will facilitate the involvement of community members and other units o government as appropriate in implementation of the Blue Star Assessment; and 3 Plans to take actions to register the Community through the Blue Star Award Program website and conduct the Blue Star Award Program voluntary self assessment and 4. Will, in the event that the community's score is sufficient to earn the Blue Star Award, claim credit for earning the Minnesota Blue Star Award for excellence in community stormwater management. A notice of the Community's status as a Minnesota Blue Star Award winning Community will be posted on the Blue Star Award Program web site. Resolution No. 2010-056 Date: October 19, 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor ATTEST: Bruce A. Messelt City Administrator Resolution No. 2010-056 2 CITY OF LAKE ; ELMO MAYOR& COUNCIL COMMUNICATION DATE: 7/20/2010 REGULAR ITEM #: 11 DISCUSSION AGENDA ITEM: Review of 3rd Quarter of 2010 General Fund Budget (Unaudited) SUBMITTED BY: Joe Rigdon, Financial Consultant THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: Pursuant to City council direction, -the City Council is asked to receive an update on the now -closed 3rd Quarter 2010 General Fund (unaudited) and discuss, as appropriate, any findings or trends identified therein. No specific action or motion is reccinimended at tonight's meeting. 'However, should the Council feel so moved to undertake specific action, the Council motion and should be to: Move to revise the 2010 Budget and to begin preparation of the final 2011 Budget [as agreed to at tonight's meeting]. BACKGROUND INFORMATION: The City of Lake Elmo has both the legal and fiduciary responsibility under Minnesota State Statue to actively manage its annual Budget and Capital Improvement Program (CIP). Tonight's presentation is part of Lake Elmo's quarterly review of major budget issues and activities. STAFF REPORT: City staff has completed the "closing of the books" for the 3rd Quarter of 2010 and, in particular, the General Fund (attached). While unaudited at this time, staff has a high degree of confidence in the material provided and would like to brief the City Council on the major identified findings and trends. A summary of Staffs findings is attached, along with the detailed report. RECOMMENDATION: It is recommended that the City Council receive an update on the now -closed 3rd Quarter of the 2010 General Fund (unaudited) and discuss, as appropriate, any potential implications for the 2010 Budget and final preparation of the 2011 Budget. -- page 1 -- City Council Meeting Review of 3rd Quarter 2010 General Fund Budget (Unaudited) October 19th, 2010 Regular Agenda Item #11 No specific action or motion is recommended at tonight's meeting. However, should the Council feel so moved to undertake specific action, the Council motion and should be to: Move to revise the 2010 Budget and to continue preparation of the final 2011 Budget las agreed to at tonight's meeting]. Alternatively, the City Council does have the authority to discuss and adjust the 2010 Budget, either tonight or during subsequent action, and to direct the City staff accordingly with respect to execution of the 2010 budget and preparation of the 2011 draft budget. ATTACHMENTS: 1, Staff Report on 3rd Quarter 2010 General Fund (Unaudited) 2._ .. Detailed Report on 3rd quarter 2010 General Fund (Unaudited) SUGGESTED ORDER OF BUSINESS: - Introduction ................. ..... Bruce Messelt, City Administrator Staff Report/Presentation....... .... ............ ...... Joe Rigdon, Financial Consultant - TOM Bouthilet, Finance Director Questions from Council to Staff ..... ............................ ......... ....Mayor Facilitates Discussion ...............„..... ........... ...... ......... Mayor & City Council Action or Motion, if Appropriate.... ........ ............... ......„....Mayor Facilitates — page 2 -- Memorandum To: City of Lake Elmo City Council From: Joe Rigdon, KDV Date: October 12, 2010 Re: General Fund Revenues/Expenditures through 3rd lQuarter2010 (Unaudited) The attached report details year-to-date City of Lake Elmo General Fund revenues and expenditures through September 30, 2010 (unaudited). Highlights are as follows: Revenues: • Taxes and franchise fees at 503% of budget, as projected (2" half taxes will be received in 12/10) • Building permits through September 30, 2010 amounted to $116,934 (1169% of budget), as compared to $95,222 through September 30, 2009. - •:-Plan check fees through September 30,,2010.arnpunted to S43„610(136.3% of • latidgetVaS Cot -Oared to S22;129 through September 30, 2009: Miscellaneous revenues totaled S7,722 through September 30, 2010, as compared to $33,297 through September 30, 2009. The decrease is due to one-time reimbursements received from NottlierriNabiralGas fOr iiSe Of City -property in • - 2009. Total revenues were $1,596,138 (56.0% of budget) through September 30, 2010, increasing 4.7% from S1,524,975 through September 30, 2009. Ex ditures: General government expenditures totaled $670,302 (69.1%0 of budget) through September 30, 2010, decreasing 0.6% from $674,223 through September 30, 2009. Public safety expenditures totaled S597,561 (55.9% of budget) through September 30, 2010, increasing 87.7% from $318,421 through September 30, 2009. Total public safety expenditures through third quarter 2009 were substantially lower due to no 2009 police contract invoices received or paid until fourth quarter 2009. Public works expenditures totaled $309,864 (62.1% of budget) through September 30, 2010, increasing 2.8% from S301,293 through September 30, 2009. Parks and recreation expenditures totaled S 123,180 (64.5% of budget) through September 30, 2010, decreasing 6.8% from $132,177 through September 30, 2009. Total expenditures and transfers out were $1,827,757 (64.2% of budget) through September 30, 2010, increasing 27,5% from $1,433,613 through September 30, 2009. This increase of $394,144 is largely attributable to timing of payment of the City's police contract and budgeted transfers out to other funds, • Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101 000 0000 101-000-0000-31010 101-000-0000-31020 101-000-0000-31030 101-000-0000-31040 101-000-0000-31910 101-000-0000-32110 101-000-0000-32180 101-000-0000-32181 101-000-0000-32183 101-000-0000-32184 101-000-0000-32210 101-000-0000-32220 101-000-0000-32230 101-000-0000-32231 101-000-0000-32240 101-000-0000-32250- 101-000-0000-32260 101-000-0000-33418 101-000-0000-33420 101-000-0000-33422 101-000-0000-33426 101-000-0000-33620 101-000-0000-33621 101-000-0000-33622 101-000-0000-34103 101-000-0000-34104 101-000-0000-34105 101-000-0000-34107 101-000-0000-34109 101-000-0000-34111 101-000-0000-35100 101-000-0000-36200 101-000-0000-36210 101-000-0000-36230 0000 000 410 1110 101-410-1110-41030 101-410-1110-41220 101-410-1110-41230 101-410-1110-43310 Description General Fund Revenue General General Current Ad Valorem Taxes Delinquent Ad Valorem Taxes Mobile Home Tax Fiscal Disparities Penalty & Interest on Taxes Liquor License- - Wastehauler License General Contractor License Heating Contractor License Blacktopping Contractor Licens Building Permits Heating Permits Plumbing Permits Sewer Permits Animal License 'Utility Permits Burning Permit MSA • Maintenance State Fire Aid PERA Aid Miscellaneous State Grants Gravel Tax Recycling Grant Cable Franchise Revenue Zoning & Subdivision Fees Plan Check Fees Sate of Copies, Books, Maps Assessment Searches Clean Up Days Cable Operation Reimbursement Fines Miscellaneous Revenue Interest Earnings Donations General General Revenue Expense General Government Mayor & Council Part-time Salaries FICA Contributions Medicare Contributions Mileage 2010 Budget 2010 Year -to -Date (09/30/10) 2010 2009 Percentage Year -to -Date of Budget (09/30/09) -$2,381,871.00 -$1,072,260.21 45.0% -$1,012,176.94 $0.00 -$35,192.29 0.0% -$26,175.52 -$8,000.00 -$1,589.69 19.9% -$3,648.62 $0.00 -$90,492.96 0.0% -$88,327.09 $0.00 -$2,855.85 0.0% -$97.99 -$7,200.00 -$1,725.00 24.0% $0.00 -$1,000.00 -$230.00 23.0% -$1,365.00 -$1,800.00 -$3,530,00 196.1% -$2,605.00 • -$200.00 $0.00 0.0% -$60.00 -$60.00 $0.00 0.0% $0.00 -$100,000.00 -$116,934.34 116.9% -$95,222.31 43,000.00 -$7,084.50 236.2% -$7,861.60 -$3,000.00 -$5,481.00 182.7% 44,050.00 -4500,00 -$561.00 112.2% -$370.50 -$2,400.00 -$2,865.00 143.3% -$1,881.00 -$6,000.00 -$5,052.34 84.2% -$14,309.50 -$1,000.00 -$1,310.00 131.0% -$755.00 468,500.00 -$77,347.00 112.9% -$88,797.24 -$40,000.00 $0.00 0.0% 41,690.00 -$2,750.00 -$1,374.50 50.0% -$1,374.50 $0.00 $0.00 0.0% -$15,953.53 -$3,100.00 -$439.24 14.2% -$2,266.85 -$15,000:00 415,588,00 103.9% -$15,476.00 435,000.00 435,366.96 101.0% -$34,916.22 -$1,000.00 -$7,180.00 718.0% -$3,625,00 432,000.00 -$43,610.21 136.3% -$22,128,59 -$300.00 -$80.80 26.9% -$130.42 -$200.00 -$450.00 225.0% -$270.00 44,000.00 -$3,425.00 85.6% -$4,367.00 -$2,400.00 -$1,683.12 70.1% 41,433,36 -$52,000.00 -$46,685,44 89.8% -$33,297,13 -$17,130.00 -$7,721.51 45.1`Y. 431,843.00 460,000,00 $0.00 0.0% $0.00 $0.00 -$8,022.46 0.0% -$8,500,00 -$2,649,011,00 41,596,138.42 56.0% -$1,524,975.00 -$2,849,011.00 -$1,596,138,42 -$2,849,011.00 -$1,596,138.42 $16,435.00 $1,019.00 $238.00 $1,000,00 $8,217.50 $509.49 $119.14 $0,00 56,0% -$1,524,975.00 56.0°/. -$1,524,975.00 50.0% 50.0% 50.10/. 0.0% $8,217.50 $509.49 $119.14 $0.00 Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101-410-1110-44300 101-410-1110-44330 101-410-1110-44370 1110 1320 101-410-1320-41010 101-410-1320-41210 101-410-1320-41215 101-410-1320-41220 101-410-1320-41230 101-410-1320-41300 101-410-1320-41510 101-410-1320-42000 101-410-1320-42030 101-410-1320-43040 101-410-1320-43100 101-410-1320-43220 101-410-1320-43310 101-410-1320-43510 101-410-1320-43610 101-410-1320-44300 101-410-1320-44330 101-410-1320-44370 101-410-1320-44380 1320 1410 101-410-1410-41030 101-410-1410-42000 101-410-1410-42030 101-410-1410-44300 1410 1450 101-410-1450-41010 101-410-1450-41210 101-410-1450-41220 101-410-1450-41230 101-410-1450-41510 101-410-1450-43090 101-410-1450-43180 101-410-1450-43510 101-410-1450-43620 101-410-1450-44040 1450 1520 101-410-1520-41010 101-410-1520-41210 101-410-1520-41220 101-410-1520-41230 101-410-1520-41300 Description Miscellaneous Dues & Subscriptions Conferences & Training Mayor & Council - Administration Full-time Salaries PERA Contributions ICMA Employer Contribution FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation' Office Supplies Printed Forms Legal Services Assessing Services Postage Mileage Legal Publishing Insurance Miscellaneoua- Dues & Subscriptions Conterences & Training Staff Development Administration Elections Part-time Salaries Office Supplies Printed Forms Miscellaneous Elections Communications Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Workers Compensation Newsletter Information TechnologyMeb Public Notices Cable Operations Repairs/Maint Eqpt Communications Finance Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance 2010 2010 2009 _2010' _ Year -to -Date - Percentage - Year -to -Date Budget (09/30/1D) of Budget (09/30/09) $2,000.00 $3,091.59 154.6% $3,039.12 $9,800,00 $3,987,00 40.7% $9,939.00 $3,500.00 $1,575.56 45;0% $1,397.00 $33,992.00 $17,500.28 51.5% $23,221.25 $220,753,00 $15,453.00 $0.00 $13,687.00 $3,201,00 $36,680.00 $1,741.00 $8,000.00 $0.00 $60,000.00 $45,500,00 $7,000.00 $3,500.00 $0.00 $39,500,00 _ $6,000.00 $4,000.00 $3,500.00 $1,000,00 $469,515.00 $150,730.97 68.3% $5,555.93 36.0% $4,837,56 0,0% $9,211.08 67.3% $2,154.22 67,3% $28,488,76 77,7% $1,921,00 - 110.3% $2,866.26 35.8°4 $457.56 0.0% $36,818,79 61,40/0 $22,326,00 $2,500,00 35.7% $1,390,50 39,7% $0.00 0.0% $38,563,04 97,6`)/0 - $889,08 14.8% $2,270.00 56,8% $2,573.05 73,5% $125.00 12.5% $313,678.80 66.8% $147,328,33 $9,944.73 $0.00 $9,087.46 $2,125.38 $15,810.88 $1,843.21 $3,469.09 $347,93 $32,183.39 $22,896,16 $2,000.00 $259.80 $103.06 $38,800,50 - $3,600.00 $1,042,19 $345.93 $0.00 $291,188.04 $10,000,00 80.00 0,0% $0.00 $250.00 $55.68 22.3% $0.00 $350,00 80,00 0,0% $0.00 $1,350.00 $1,457.98 108.0% $940.00 $11.950.00 $1,513.66 12.7% $940.00 $10,920,00 $4,648,02 42.6% $6,043,01 8764,00 $325.08 42.5% $407.88 $677,00 $288,17 ----42.6% $374.64 $158.00 $67.37 42.6% $87.60 $398.00 $430.00 108.0% 8649,12 $5,400.00 $3,739.38 69.2% $5,013.06 $29,000,00 $21,942,23 75.7% $20,638.31 $4,000,00 $866.18 - 21.7% $475.84 .84,000.00 - $2,537,04 63,4% - $2,182,88 $0.00 $2,932,33 0.0% $0.00. $55,317.00 $37,775.80 68.3% $35,872,34 $34,060,00 $24,366.00 71.5% $24,497.00 $2,384.00 $1,703.65 71.5% $1,653.54 $2,112.00 $1,500,93 71.1% $1,509,42 $494.00 $351,05 71.1% $352.93 83,915.00 $3,161.22 80.7% $3,389,05 2 Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101-410-1520-41510 101-410-1520-42000 101-410-1520-43010 101-410-1520-43150 101-410-1520-43310 101-410-1520-44300 101-410-1520-44330 101-410-1520-44350 101-410-1520-44370 1520 1910 101-410-1910-41010 101-410-1910-41210 101-410-1910-41220 101-410-1910-41230 101-410-1910-41300 101-410-1910-41510 101-410-1910-42000 101-410-1910-42030 101-410-1910-43020 101-410-1910-43030 101-410-1910-43040 101-410-1910-43150 101-410-1910-43310 101-410-1910-44300 101-410-1910-44330 101-410-1910-44350 101-410-1910-44370 1910 1930 101-410-1930-43030 1930 1940 101-410-1940-42110 101-410-1940-42230 101-410-1940-43210 101-410-1940-43810 101-410-1940-43840 101-410-1940-44010 101-410-1940-44040 101-410-1940-44300 Description Workers Compensation Office Supplies Audi Services _ Contract Services Mileage Miscellaneous Dues & Subscriptions Books Conferences & Training Finance Planning & Zoning Full-time Salaries PERA.ContrIbutIons FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Comprehensive Planning Engineering Services Legal Services Contract Services Mileage Miscellaneous Dues & Subscriptions Books 'Conferences & Training Planning & Zoning Engineering Services Engineering Services Engineering Services City Hall Cleaning Supplies Building Repair Supplies Telephone Electric Utility Refuse Repairs/Maint Contractual Bldg Repairs/Maint Contractuai Eqpt Miscellaneous 1940 ' City Hall 410 General Government 420 Public Safety 2100 Police 101-420-2100-43150 Law Enforcement Contract 2100 Police 2010 Budget $161.00 $500,00 $29,500.00 - $30,000.00 $250.00 $2,000.00 $100,00 $100,00 $300.00 $105,876.00 $102,265.00 $7,159.00 $6,340.00 $1,483.00 $25,138.00 $485.06 $2,000.00 $0.00 $15,000.00 $10,000.00 $0.00 $10,000.00 $500.00 $500.00 - --$500.00 $250.00 $1,000.00 $182,620.00 2010 Year -to -Date (09/30/10) $176,00 $0.00 $28,935.00 $56,313.75 $0.00 $2,676.47 $0.00 $0.00 $0.00 $119,184.07 $70,512.36 $4,746,75 $4,191.00 $980.06 $16,479.35 $526.00. $87.53• $239.26 $526.52 $17,498,13 $0,00 $2,595.10 $0.00 $65.26 $495,00 $0.00 $801.00 $119,743.32 • $70,000.00 $35,616.53 $70,000.00 $35,616.53 $550.00 $1,000.00 $8,400,00 $12,500.00 $1,300.00 $11,000.00 $5,000.00 $1,000.00 $40,750.00 $970,020.00 $474,935.00 $474,935,00 $507.74 $159.98 $5,569.40 $5,464.40 $829.28 $10,650.77 $1,437.99 $669.64 $25,289,20 $670,301,66 2010 Percentage ot Budget 109.3% 0.0% 98.1% 187.7% 0.0% 133.8% 0.0% 0.0% 0.0% 112.6% 2009 Year -to -Date (09/30/09) $151,66 $0.00 $27,920,00 $47,098.51 $0.00 $2,942.06 $0.00 $0,00 $0.00 • $109,514.17 69,0% - • $73,987.48 66.3% $4,977,26 $4,394.97• -66.1% $1,027.81 $17,715.38 108.5% $484,97 4.4%. , $84.13 0.0% 3.5% 175,0% 0.0%. 26.0% $0,00 $2,185,60 $22,006.16 $1,177,13 $21,268.40 0.0% $0.00 $76.70 99.0% $305.00 0.0% $211,96 80.1% $1,270.00 65.6% $151,172,97 50.9%' 50.9% 92.3% ,16,0% 66.3% 43.7% 63,8% 96.8% 28.8% 67.0% 62,1%, $36,428.53 $36,428,53 $390.47 $0.00 $5,527,08 $7,474.86 $829.28 $9,592.28 • $1,917.45 $154.21 $25,885.63, 69.1% $674,222,93 $239,391.53 50.4% $0.00 $239,391,53 50.4% $0.00 Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 2150 101-420-2150-43045 2150 2220 101-420-2220-41010 101-420-2220-41030 101-420-2220-41210 101-420-2220-41220 101-420-2220-41230 101-420-2220-41300 101-420-2220-41420 101-420-2220-41510 101-420-2220-42000 101-420-2220-42080 101-420-2220-42090 101-420-2220-42120 101-420-2220-42210 101-420-2220-42400 101-420-2220-43050 101-420-2220-43210 101-420-2220-43230 101-420-2220-45310 101-420-2220-43630 101-420-2220-43810 101-420-2220-43840 101-420-2220-44010 101-420-2220-44040 101-420-2220-44170 101-420-2220-44300 101-420-2220-44330 101-420-2220-44350 101-420-2220-44370 2220 2250 101-420-2250-44920 101-420-2250-44925 2250 2400 - - 101-420-2400-4 101--420-2400-4 101-420-2400-4 0 0 210 220 101-420-2400-4 230 101-420-2400-41300 101-420-2400-41510 101-420-2400-42000 101-420-2400-42030 101-420-2400-42120 101-420-2400-43030 101-420-2400-43050 ---Descdption Prosecution Attorney Criminal Prosecution Fire Full-time Salaries Part-tIme Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Unemployment Benefits Workers Compensation Office Supplies EMS Supplies . Fire Prevention Fuel, Oil and Fluids' Equipment Parts Small Tools & Equipment Physicals Telephone Radio Mileage Vehicle Insurance Electric Utility Refuse RepairstMaint Bldg RepaJrs/Maint Eqpt Uniforms Miscellaneous Dues & Subscriptions Books Conferences & Training Fire Fire Relief Fire State Aid -City Contribution - Fire Relief Building Inspection Full-time Salaries - PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Fuel, Oil and Fluids Engineering Plan Review Charges 2010 2010 Year -to -Date Budget (09/30/10) 2010 2009 Percentage Year -to -Date of Budget (09/30/09) $51,000,00 $33,370.72 65.4% $30,718.80 $51,000.00 $33,370,72 65.4% - $30,718.80 $63,805,00 $110,000.00 $8,669.00 $7,106,00 $2,520,00 $15,855.00 $0,00 $10,575,00 $1,500.00 $1,200.00 $3,000.00 $11,500.00 $0,00 $10,000.00 - $7,550,00 . $5,100,00 $19,920,00 $600.00 $15,475,00 $13,900.00 $1,000.00 $10,000.00 $26,907,00 $5,600.00 $2,800.00 $2,200.00 $850.00 $20,225,00 $377,855.00 $45,264,48 70,9% $45,764.18 $40,040.56 36.4% $43,185,31 $6,186,55 71.4% $6,476.16 $2,656,79 37.4% $2,859.46 $1,212,66 48.1°4. $1,264.05 $12,279.18 77,4°/0 $12,086,03 . . _ $0.00 - 0.0%.' $552.24 $12,472,00 117.9% $10,306.81 $373,15 24.9% $419.78 $0,00 ,. ' . 0,0% $1,054.56 $2,274.47 - 75.8% •$96,80 $6,88923 . - _ 59,9% .$7,492.74 $0.00 0.0% ' $390,00 $5,525.73 55,3% - $3,728.76- $5,063.69 . 67,1°A $3,443.00 $3,079.50 , 60,4% $3,017,62 $8,035.18 40.3% $8,406.85 $670,07 111,7% $0.00 $13,980.20 90,3% $14,472.00 $7,028.48 50.6% $6,652.09 - $364.96 36 .50/0 $364.96 $23,061:30 230,6% $6,590.51 $18,751.85 69• 7% $13,263,43 $1,223.28 21.8% $1,450,02 $2,473.91 88.4% $10,158.91 $1,619.00 , 73.6% $2,698.56 $758,66 - . - `89.3%- . _ - ' - $1,256,24 $12,046.46 59,6% $11,514,13 $233,331.34 61.8% $218,965.20 $40,000,00 $0,00 $17,864,00 $1,000,00 $57,864.00 $1,000.00 $59,740.00 $4,182.00 $3,704.00 $866.00 $9,015.00 $2,143.00 $300.00 $300.00 $3,750,00 $5,000.00 $1,000,00 4 - 0.0% , : ... .... 690.00 5.6% $0.00 1.7% $1,690,00, $41,315,84 _ _ 69.2% $41,741.06 $2,888.69 - 69.1% - $2,814.18 $2,517,98 68.0% $2,545.75 $588.90 68,0% $595.32 $6,684.35 74.1% $6,385.69 $2,319.00 108.2% $5,133,82 $0.00 0.0% $0.00 $0.00 0.0% $0.00 $0.00 0.0% $0.00 $5,866,84 117.3% $300.28 $0.00 0,0% $0,00 Quarterly Report Quarterly Report 10/12/2010 4;02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101-420-2400-43060 101-420-2400-43150 101-420-2400-43210 101-420-2400-43310 101-420-2400-43630 101-420-2400-44040 101-420-2400-44170 101-420-2400-44300 101-420-2400-44330 101-420-2400-44350 101-420-2400-44370 2400 2500 101-420-2500-43150 101-420-2500-47200 2500 2700 _ 101-420-2700-42030 101-420-2700-43150 101-420-2700-44300 2700 420 430 3100 101-430-3100-41010 101-430-3100-41030 101-430-3100-41210 101-430-3100-41220 101-430-3100-41230 101-430-3100-41300 101-430-3100-41510 101-430-3100-42000 101-430-3100-42150 101-430-3100-42230 101-430-3100-42400 101-430-3100-43030 101-430-3100-43090 101-430-3100-43150 101-430-3100-43210 101-430-3100-43230 101-430-3100-43310 101-430-3100-43630 101-430-3100-43810 101-430-3100-43840 101-430-3100-44010 101-430-3100-44030 101-430-3100-44040 101-430-3100-44170 101-430-3100-44300 Description Surcharge Payments Inspector Contract Services Telephone Mileage Insurance Repairs/Maint Eqpt Uniforms Miscellaneous Dues & Subscriptions Books Conferences & Training Building Inspection Emergency Communications Contract Services Transfer Out Emergency Communications Animal Control Printed Forms Contract Services. Miscellaneous Animal Control Public Safety -Public .VVo rks Public Works Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Shop Materials Building Repair Supplies Small Tools & Minor Equipment Engineering Services Sealcoating & Crack Sealing Contract Services Telephone Radio Mileage Insurance Electric Utility Refuse Repairs/Maint Bldg RepaIrs/Maint Imp Not Bldgs Repairs/Mai-it Eqpt Uniforms Miscellaneous 2010 Budget $0.00 $1,000.00 $500,00 $250,00 $1,000.00 $750.00 $300.00 $500,00 $200.00 $200.00 $500.00 $95,200.00 $0.00 $0.00 $0.00 $150.00 - $12,600.00 $100,00 $12,650.00 $1,069,704,00 $128,387.00 $12,573,00 $9,867.00 $8,740,00 $2,044.00 $36,027.00 $11,500.00 $500.00 $4,000.00 $1,000.00 $3,000.00 $0.00 $0.00 $13,400.00 $7,500.00 $500,00 $100.00 $15,670.00 $29,500.00 $1,800,00 $2,000.00 $0.00 $6,000,00 $1,675.00 $2,000,00 2010 Year -to -Date (09/30/10) -$4,835.68 $631.50 $232,39 $0.00 $903.41 $364.90 $0.00 $17,958,06 $100.00 $0.00 $155.00 $77,691.20 $5,250.00 $0.00 $5,250.00 $0.00 $7,526,51 $0.00 $7,526.51 $597,561.30 $85,344.88 $0,00 $5,967.17 $5,043,87 $1,179.65 $27,575.97 $13,541.00 $181.09 $646.70 $4.76 $976.68 $769.25 $0,00 $1,385.90- $6,060,68 $0,00 $0,00 $14,156.37 $11,524,92 $1,650.96 $2,664.05 $0.00 $779.77 $1,247,64 $379.92 2010 Percentage of Budget ' 0.0% 63.2% 46..5% 0.0% 90.3% 48.7% 0.0% 3591.6°/. 50.0°/. 0.0% 31.0% 81.6% 0.0% 0.0% 0,0% . 2009 Year -to -Date (09/30/09) -$2,943.36 $1,835.10 $233.55 $11.00 $1,025.00 $911.63 $0.00 $232,99 $100.00 $0.00 $50.00 $60,972,01 $0.00 $0.00 $0,00 $0.00 59.7%, ,,, .„$6,074.67 0..6% - $0.00 58.6% $6,074.87 55.9% $318,420,88, .66.5`)/0 $88,499.17 0.0% $0.00 60,5% $5,965.00 57.7% $5,234.90 57.7% $1,224.36 76.5% $25,229,71 117.7% $10,526.80 36.2% $159.49 16.2% $1,213.94 0$% $0,00 32.6% - $1 ,157,83 0,0% $1,456.89 0.0% $0.00 10.3% $3,226,85 80.8% $5,643.93 0,0% 90.3% 39.1% 91.7% 133.2% 0.0% 13.0% 74.5% 19.0% $0,00 $0.00 $14,243.00 $14,497.83 $961,45 $2,515.84 $12,671.37 $620.14 $1,153,95 $99.08 101-430-3200-42100 -101-430,3200-43090 101-430-3200-44300 3200 3250 101-430-3250-43150 3250 - 430 450 -- 5200 101-450-5200-41010 101-450-5200-41030 101-450-5200-41210 101-450-5200-41220 101-450-5200-41230 101-450-5200-41300 101-450-5200-41420 101-450-5200-41510 101-450-5200-42000 101-450-5200-42120 101-450-5200-42150 101-450-5200-42160 101-450-5200-42210 Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101-430-3100-44330 101-430-3100-44370 101-430-3100-44380 3100 3120 101-430-3120-42120 101-430-3120-42210 101-430-3120-42240 101-430-3120-42260 101-430-3120-43150 101-430-3120-44040 3120 3125 101-430-3125-42250 101-430-3125-42290, 101-430-3125-43150 101-430-3125-44040 3125 3160 101-430-3160-43810 3160 2010 2010 2009 2010 Year -to -Date Percentage Year -to -Date Description Dues & Subscriptions Conferences & Training Clean-up Days Public Works Streets Fuel, 011 and Fluids Equipment Parts Street Maintenance Materials Sign Repair Materials Contract Services Repairs/Maint Eqpt Streets . Ice and Snow Removal Landscaping Materials - Sand/Salt ,Contract Services • - Repairs/Maint Eqpt Ice and Snow RemoVal Street Lighting - Street Lighting Street Lighting Budget (09/30/1 0) of Budget (09/30/09) $150.00 $900.00 $7,500.00 $306,333.00 $32,000.00 $8,500,00 $18,000,00 $3,000.00 $14,000.00 $5,000,00 $80,500.00 $1,000,00 $50,000.00 $10,000.00 $2,500.00 $63,500.00 $24,000.00 $24,000.00 3200 Recycling RecyclIng.Suriblies - $3,500.00 Newsletter Miscellaneous - Recycling Tree Program Contract Services Tree Program Public Works CUIttire;-RecreatIon Parks & Recreation Full-time Salaries pert-time.Salaries PERA Contributions' FICA Contributions - Medicare Contributions Health/Dental Insurance Unemployment Benefits Workers Compensation Office Supplies Fuel, 011 arid Fluids Shop Materials Chemicals Equipment Parts $4,000,00. - - $7,500.00 $15,000,00 $0.00 $875.09 86,602.43 $188,558,75 $15,690.68 $1,582.75 $4,287.85 $2,611.50 $6,945.83 $71.60 $31,190.21 $301.82 $57,410,89 $1,694.64 $59,407.35 $15,532,39 $15,532,39 0.0% 97.2% 88,00/a 61.6% 49.0% 18.6% 23, 8°/c, 87.1% 49.6°/0 1.4% 38.7% $0.00 $0.00 $7,163,55 $203,465,08 $9,239.90 $1,497.47 $7,672.43 $3,508,56 $6,004,46 80.00 $27,922.82 30.2% - $0.00 114.8°/. $37,362.94 _ 0.0% $1,662.00 - 67.8% $61.36 93.6% $39,088.30, 64.7% - $14,218,30 64.7% $14,218.30 $921,21 26.3% $0.00 - $931.96 - 23.3% $0.00 $2,725.40 " 36:3% ,". $1,185.86 - $4,578,57 30.5% $1 185 86 $10,000.00 810,596.88 6.0% $15,414.16 $15,414.16 $10,000.00 $10,596.88 106.0°/Q $499;333,00 $309,864.15 $77,561.00 $30,551.00 $7,568.00 $6,703.00 $1,568.00 $14,044,00 $1,642.00 $6,703,00 $300.00 $3,000.00 $750.00 $1,000.00 $2,500.00 $47,550.36 $17,157.05 $4,043.02 $3,915,05 $915,61 $10,559.72 $0.00 $7,253.00 $0.00 $0.00 $0.00 $224.44 $1,785,15 62.1% $301,292.52 _ 61.3% $51,186,67 $20,336.26 $4,180.48 58.4% $4,337.94" 58.4% $1,014.57 75.2% $9,868,09 0.0% $3,363.97 108.2% $7,142.02 0,0% $23,41 0.0% $0,00 0.0% $481,45 22.4% $125.00 71.4% $700.54 Quarterly Report Quarterly Report 10/12/2010 4:02 PM Periods 01 to 09 Fiscal Year 2010 to 2010 Account Number 101-450-5200-42230 101-450-5200-42250 101-450-5200-42400 101-450-5200-43210 101-450-5200-43310 101-450-5200-43630 101-450-5200-43810 101-450-5200-43840 101-450-5200-44010 101-450-5200-44030 101-450-5200-44040 101-450-5200-44170 101-450-5200-44300 5200 •450 Description Building Repair Supplies Landscaping Materials Small Tools & Minor Equipment Telephone Mileage Insurance Electric Utility Refuse Repairs/Malnt Bldg Repairs/Maint Imp Not Bldgs Repairs/Maint Eqpt Uniforms Miscellaneous Parks & Recreation Culture, Recreation 493 Other Financing Uses •9360 - - Transfers Out 101-493-9360-47200 Transfers Out 9360 Transfers Out 493 10.1 Other Finanding Wes Expense General Fund 2010 2010 Year -to -Date Budget (09/30/10) $500.00 $261.62 $3,500.00 $2,433.26 $1,000.00 $465,97 $650.00 $190.52 $200.00 $0.00 $5,500.00 $4,968,73 $10,164.00 $7,098.24 $2,500.00 $1,590.96 $700.00 $0.00 $4,000.00 $8,706,89 $2,000.00 $111,00 $0.00 $0,00 $1,500,00 $154.00 $191,104.00 $123,180.34 P91,104,00 $123,180,34 $118,850.00 $126,850.00 $118,850.00 $126,850.00 $1113;850.00 $126,850.00 M849,011.00 $1:,827,757.45 7 $0,00 $231,61.9,03 2010 2009 Percentage _ Year -to -Date - of Budget (09/30/09) 52 .3% 69.5% 46.6% • 29.3% 0 .0 °/0 90.3P/0 69.8% 63.6% 0.0% 217.7% 5.6% 0.0% 10.3% 64.5% $0,00 $850.29 $539.21 $273.94 $0.00 $5,084.00 $7,930,74 $1,749.26 $55.32 $3,315.59 $669.56 $0.00 $4,924.59 $132,177.15 - 64.5% $132,177.1.5 106.7% _ 106.7% 106.7% $7,500.00 $7;500.00 $7,500.00 64,2% $1,438613.48 0:0% -$91,361,52 4 ' • - CITY OF ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/19/2010 REGULAR ITEM #: 12 - MOTION Resolution: 2010-057 AGENDA ITEM: 2010 Street Improvement Bond Financing Resolution No. 2010-057 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider Resolution 2010-057 authorizing issuance, awarding sale, prescribing the forms and details, and providing for the payment of $ 710,000 General Obligation Improvement Bonds Series 2010A, "Move to approve Resolution 2010-057 authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the General Obligation Improvement Bonds Series 2010A." BACKGROUND INFORMATION: The City has undertaken its 2010 Street Improvement Projects. All necessary steps have been taken to prepare to finance these projects, utilizing low G.O. bond rates and applicable special assessment polices and authorities, Tonight's action will authorize the issuance and sale of General Improvement Bonds for the 2010 Street Improvement Projects. Attached for Council information are; the proposed Resolution No. 2010-057, the Finance Summary Plan, and the Feasibility Report for the 2010 Street and Water Quality Improvements. STAFF REPORT: Staff has explored several options to finance these projects, targeting in on G.O. Improvement Bonds, as their issuance is extremely competitive right now and it is anticipated that the City will receive a very good rate. Mr, Paul Donna from Northland Securities will present the details and answer any questions. -- page 1 — City Council Meeting October 19th, 2010 Resolution Authorizing 2010A Bond Issuance Regular Agenda Item # 12 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve Resolution 2010-057 by undertaking the following action; `Move to approve Resolution 2010-057,authog issuance, .awarding.sale prescribing the forms and details and for.providing thepaymentof the General -Obligation Improvement Bonds Series 2010A." Alternatively, the City Council does have the authoritytable this item for future consideration, or 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 2010-057 has amended at tonight's meeting] authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of .the General Obligation Improvement. Bonds Series 2010A. ATTACHMENTS: :.1-.=Resolution-No:-20=10-057 2.- Finance Plan Sunvn 3: Feasibility Report for the.2010 Street -and Water -Quality Irn.proverrients. 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 LDiscussion..:::.::,.r R,.:...::..:.:..::.;..._..........:::...::..........:.....: Mayor & City Council_ - - Action on Motion.„....„.. ........ ..... ......... ....... ............... .............,Mayor Facilitates -- page 2 -- CERTIFICATION OF MINUTES RELATING TO $710,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council - - Kind, date, time and place of meeting: A regular meeting held on October 19, 2010, at 7:00 p,m., at City Hall, Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. g-0 1 -- 0 Si ___ • RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE - PAYMENT OF$710,000 GENERAL OBLIGATION IMPROVEMENT. BONDS, SERIES 2010A I, -the 'Undersigned, being -the duly qualified and, acting recording" ciffied Of* 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 attendedthroughout by the members indicatedabove, pursuant to..call and. notice of such meeting given as required by law.: " ' * WITNESS my hand officially as suclrrecording -officer this - day of October, 2010, City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTIONNO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE _ PAYMENT OF S710,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota (the City), follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This Council, by resolution duly adopted on September 7, 2010, _ authorized the issuance and sale on the date hereof Ofits*General Obligation Improvement Bonds, Series 2010A (the Bonds), pursuant to Minnesota Statutes, -Chapters 429_and 475.: Proceeds of the Bonds will boused to finance the 2010 Street and Water Quality Improvements - in the City (the Project). - 1.2. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (2), the requirements as to public sale do not apply to the issuance of the Bonds. A proposal has been received from Northland Securities, Inc.; Minneapolis, Minnesota :(the "Purchaser"). In accordance with the terms of offering for the Bonds, it is hereby determined to issue the Bonds in the principal amount of $710,000 at a price of $ plus accrued interest of $ and upon the further terms and conditions set forth herein. The sale of the Bonds,is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of the proposal. 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 arid to be performed precedent to and in the_valid issuance of theBonds having been_done;:now,existing,7 having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor, and to iSsue,the-Bonds forthwith. 2.02. Maturities: Interest Rates: Denominations and Pavrnent. The Bonds shall be originally dated as of November 15, 2010, 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 2012 $65,000 % 2017 $70,000 % 2013 70,000 2018 70,000 2014 70,000 2019 75,000 2015 70,000 2020 75,000 2016 70,000 2021 75,000 [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,_ 2011, 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 preeeding 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 maturingin 2018 a.ndlater years shall'he subject to redemption and prepayment at the option of the City, in whole or in part;M 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;2017, and onanydatethereafter; ata price oqital 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 designatedredemption date, shall cause notice of call for redemption to -be mailed, by first class mail, to the registered holders ofany Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, 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- 2 ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [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, onFebruary.1- iti.each-of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20— Year Principal Amount . . The remaining-S statedpnnemal amount of Suchliondsshall'be-Paid'at-;'.— . . . - --mattirity onFebruaty.1-'20---- " • " ' — " *- Term Bonds Maturing February 1, 20— Year - - Principal Amount - . . , The remaining - stated principal amount of such Bands shall be paid at maturity on February 1, 20 NotiCeof tedemption 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 anddeliVer,- 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 batik ot 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 thefifteentb 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. ofthe_Bond to be exchangerhat the office of the Registrar. Whenever any Bond is so surrendered for exchangethe City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cance11ation.A11 Bonds surrendered forpayrnent, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e), hnoroner or Unauthorized TranSfer, When any Bend 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, rn good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed bwners. The City and the Registrar may treat the person . Whose name any Bond is at anytime 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. 4 (g) Taxes, Fees and Charges. 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 orbe destroyed; stolen or lost, the Registrarshall,,deliver anew Bond of like --- athourit; number, maturity date and tenor in exahangearid-Siihstinition 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:Bonddestroyed, stolerior 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 mntilated, destroyed; stolen or lost Bond has already matured or been called for redemption in accordance with its itshall_not be necessary to issue a new Bond prior to payment. (i) Authenticating The -Registrar is hereby designated authenticating agent for the Bonds, -within the meaning of Minnesota Statutes,.'Section 475.55, - Subdivisionl; as amended. -- - ValidbbligitiOnS: All BriiidiiSrsired-upon any transfer' Orekotiange'ofBonds 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 Mayoraridthe.:City4drninistrator, provided that:the signatures maybe 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 rethained in offiee-uritil the date of deliVery OfSuChBarid.:' ' -• ' Notwithstanding such execution, no Bond shall'be valid or obligatory for any purpose or entitled to any secnrity or benefit under this Resolution unless and until .a certificate of authentication on the Bond; substan. tidily in the form provided in Section _2.09,_has beerizexectitedbk the manual signature of anrauthorized representative of the Registrar, Certificates of atithefitkatiori 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. 5 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:3 the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. -,'DTC"--shall-mean The Depository TrustCompanyIbl-New York,-.Ncw-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 :senarately-autheritieatedlully 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 &-C6.; as nominee of DTC The Registrar and the City may treat DTC (or its .nOthinee) as the sole and exclusive owner of the Bondsregistered in its mine for thepurpoSes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be - redeemed, if any, giving any noticepermitted 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 affectedby _any notice to the contrary. Neither the Registrar nor the City shall have any reSponSibility or.Obligation '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 giyekcv,offier,actjon,tAlccpiky;PTc 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 sucb 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.c4y!§ 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. 6 (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 the Bonds at any -time by giving notice tothe 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. (d) The execution and delivery ofthe Representation _Letter to DTC,.if not previously - • filed with DTC,-by-the-Mayof-Or 'City Adminigtit tot iglia-eby orized 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 & its'successoras nominee for DTC as owner of all the Bonds, or another securities depository as owner of all .the:13onds, the provisions ofthis resolution -_shall -also_ apply to allmatters-relating thereto, including, wittiOut limitation, the printing of such Bonds in the form ofbond certificates and _the method.of payment of principal of and intereston such Bonds in the form of bond certificates .; 209. Fcirra of BOndS."The Bends shall:be prepared iiisubstntiallyThe'folloWing forrn: .. 'UNITED'STATES'OF-AMERI.CA: - - STATE OF MINNESOTA - • - COUNTY'OF--WASHINGTON- = : CITY -OF LAKEELMO' • " GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2010A No. R- Interest Rate Maturity Date. Date of OridiiiiiISsue 04 February 1, 20 November 15, 2010 _ . - 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 7 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, 2011 (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 nab:business day).oftlid,cateridat mbrithimmediatelyptecedingtheinterest Payment DateAnteresthereorisliall-betomptited 6ififi6bas is of a 360fdaY year composed Of • twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below,,theprincipal-hereof arepayable:inlawful -money of the United-StateSOf Anieriei2bY-cheek--ordraft -drawn 61iNciithiand.Triisi 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 havebeen and are hereby-irrevocablypledged.. • This Bond is OneOf an issue (theBonds) in the aggregate Principal amount of $710,000 issued pursuant to a resolution adopted by the City Council onOctober 19, 2010 '(the Resolution), to finance various irnprovement projects in the City andis issued pursuant to and in full conformity with the Constitution and 'laws of the State-of-Minnesotathereunto 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, ofsingle maturities. ------- --Bondsmatring in20-18 and later years 'shall -be subject to -redemption- andprepayment 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 7: - depository in accordance With its.customaryprocedures)_in_multiples_of $5,000, on February 1, 2017, 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, 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 shallaffect the validity of proceedings for the redemption_ of anyl3ond • *affeCied b-y—Tsucli:defeCf6r- fiftur—e.-bIticW n6 fiCe f tedenaption having giVen 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(utileSSthe 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 orBonds 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-- Sinking Fund . _. Aggregate Sinking FundAggregate 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 attorney 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 ovvneeszttoriten,ancl:may also be- surrendered in : - '- exchange for Bonds of other authorized denominations Upon such transferor exchange the City will eause a new Bond or Bonds -to be issued in the name aft designated transferee or registered owner, ofthe same aggregate princiPal amount, bearing interest. at the same rate and maturing on the same date; subject toreimbursement forany Yak, fee orgovemmental charge required to bepaid with respect to any such transfer or exchange, The Bonds have been designated as Nualified_tax-exempt obligationS'",-pursuant.to- -- Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrarmay 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 tbe 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 -Provision§ Of this Bond, so lei* ds 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 andinterest on -,this -Bond, and shall give all noticeswith 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 theCity.._ - TT IS -HEREBY CERTIFIED, RECITED, COVENANTED AND AQREEDihai all acts, conditions and things required by the Constitution and laws of the State of Minnesota tobe 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 2010A 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 oramount and that the issuance of this Bond, together with all other indebtednesS:of the City outstandingnon:the date hereof:and °tithe:date ofitSaCtiia1 iSsiiance and, - - delivery, does not cause -the indebtedness -of the City to eXceed-anrconstitutional Or statutory limitation of indebtedness. ThisBeild-shaltriothe-Validior beCoine Obligatory for7aby purpoSe orbc '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 has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Administrator. - , _ ,,CITY,OFLAICE ELMO, MINNESOTA (facsimile signature — Mayor facsirnile-,signature---City-AdminiStrator) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: „ • . ' 4 • - ••"." - NORTHLAND TRUST SERVICES, INC., as Registrar By - Authorized Representative- • - The following abbreviations, -when used -in the inscriptiorpon-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 Uniform Transfers to Minors Act .... ....... (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common 10 Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto - the .„ within Bond and all ts 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 'assigninent must correspond with the name' as it _ - - - appears--upon-the-face of. the -within Bondrin-every particular, without alteration or enlargement or any change whatsoever. --- Signature Guaranteed: . . . - - Signature(s)-must be -guaranteed by an "eligible • " guarantor institution" meeting the requirements of the Registrar, which requirements include - membership or participation in STAMP or such other "signature guararityprogrant"-as-rnay be — determined by the Registrar in addition -to or in substitution for STAMP;.allin-accordance with the Securities Exchange Act of 1934, as . amended. .r; PLEASE INSERT SOCIAL SECURITY OR - OTHER IDENTIFYING NUMBER OF - - ASSIGNEE: [end of bond form] SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 2010A 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 2010A Construction Fund (the Construction Fund). To the Construction Fund there shall be credited from the proceeds of the Bonds, exclusive of unused discount, accrued and capitalized interest, if 11 any, an amount equal to the estimated cost of the Project. There shall also be credited to the Construction Fund all special assessments collected with respect to the Project until all costs of the Project have been fully paid. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project, To the extent required by Minnesota Statutes, Section 429.091, subdivision 4, the City shall maintain a separate account within the Construction Fund to record expenditures for each improvement. The City Administrator shall maintain the Construction Fund until all costs and,expenseS'irictirred by the City in connection with the -construction of -the-improvements' havebeen paid:All special --- assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited:to the General Obligation Improvement - Bonds, Series 2010A Bond Fund. SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 2010A 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 2010A 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 bepaid 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 Bend 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 tlie 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 ServHce - 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 toithe 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 eredited-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 therefrom, 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 12 accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory 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 intereston the_B.onds-to.b.ecomedue and.payableihrough.the next -follOwing.february4=;:pliisa reasonable.carrYover equal to 1/12th of the debt service due intlie fallOWing bond year; -the excess shall (unless an opinion is received from bond counsel stating that another use shall not interfere with the tax. exemptionef the ..bonds)b.e used to prepay er_purchase .Bonds,_orbe.._. invested -at a .Yield.Whieh dOes.not _exceed the yield -oil- theBonas- 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 -. thecostof the Project financed -by -the Bonds,, _The City estimates it has levied or willievy special assessments in the -original aggregate piincipal amount of3174,000: . It is estimated that the principal and interest -on such special assessments,will be leviedbeginningin 2010 and -collected:in the years 201,1-2020 in the amounts shown,on Appendix 1 attached hereto. The . principat of the.speciatassessments.shall be made payable in annuaLinstallments,-with interest as established by this City Council in accordance with law on installments thereof from time to time remainingunpaicl. In:the event any special assessment shall 4 anytime be held invalid with respect to any lot or tract ofland, due to any error, defect or in,any action or _ - proceeding taken -or to be taken by the City or by -this City -Council or by anyof the officerser 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 suchfurther proceedings as,shall be required bylaw to make such --- special .assessment a-yalid and binding lien Upon. said property. -SECTION 6. PLEDGE OF. TAXING. POWERS For the prompt and.fulLpayment of the principal_ of and interest en 'the:Bonds...as ,such payments:respectivelyeome:due, faith,-. credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of special assessments as set .forthin Section 5,ll produce. amounts not less than..5% in excess, ofthe anion ts needed_ — teriioet Wheifdtie the -principal' atidifit&ekii4i-lietiO on the-BoridsVadValOrein - 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 -shalt be irrepealable as -long as any of the Bonds are. outstandin.g and unpaid, provided that-the:Cityreseryes.the right -and power to reduce said levies in accordance-withthe-provisions of Minnesota Statutesi- 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 13 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 terms by depositing with the Registrar on or before that date an 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 ofhereaftet atithOriZing-andregtilating such action, by depositingirreVocablyin escrow,- - with the RegiAtar or with a batik 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 tobecome 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 anuccountant orinvestment banking firm verifying that deposit is suffiCient to Pay when diie -all-ofthe-principal and interest on the Bonds to -be discharged on and before their maturity dates or earlier designated redemption date. - - - SECTION T-AX 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 byuny-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 totake any and all action&within its powers to ensure that the interest on the Bonds will not become includable in gross incothe 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 andwill.be owned -and maintained:by the Cityund_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_ofthe Project, or -any portion thereof, or security for the - payinent`of the Bonds which Might cause the Bonds to'be considered."private activity bOridS'or: "private loan bonds" pursuant to Section 141 of the Code. - -- -8.02. --Arbitraee 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. 14 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 bonds) issued by the City and all subordinate entities thereof during the year 2010 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code,-the.City shallnot.be required to -0:9n-ipty, With the varbitragerebate requirements of paragraphs (2) and (3)-of Section r48(f)-(if the -Code. 8.04...Reimbursement. The City certifies that the proceeds ofthe.Bonds.will not be used. CitYte reimburSe' itself for- anY expenditure -with respect to1lie 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 1,15072(4(2) Of the Regulations, • including engineering or architectural expenses -end similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price", of the Bonds: - - - 8.05. Oualified Tax-Exemnt Obligations, The Bonds:are herebydesignated as "qnalified tax-exempt obligations"for pinposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and.the City hereby finds that the reasonably anticipated amount.of tax-exempt governmental obligations:whielywabe issued by - the City and all subordinate entities -during calendar year 2010 does.not exceed $30;000;000. - 8.06.- Contifining DiSCIOS e.- (a) 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 complywith amendments to -Rule 15c2,12 promulgated by the SEC under the Securities.Exchange Act of:1934 (1 TC.ER. -§240.1, 5C2-.12);;relatingto—' 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 ofilY obligated person in reSpeetofthe Bands'Withinthe meaning of the Rule for purposes of identifying the entities in respect of which continuing, disclosure must be Made. -The-City has complied in all Material respects with any undertaking previously entered into by it:under the Rule.- :If the City fails to comply:with any provisions of this section, -any person aggrieved thereby;.inchiding theOwners Of anyanitanding 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 Bondowner means, in respect of a Bond, the registered owner 15 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 (a) 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, '• -.,L, -,..: depositories.brother:interniediarieS),,,or- is treated as Lthe:•owner of the Bond for federal-- ,• - - , ' . - • , - ;-:--; .• income ' " --- itax purposes. (b) Information To Be Disclosed. The -City will provide, -•in the manner set forth in - subsection -(c) hereof, either directly: indirectly thron an -agent following information 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, 2010, the following financialinformation and operating data -in respect- of.the.City:(the,"Disclosure Information'.)- . - • A).-Aheauditedfinancial .stateinents. of:the Cityforsuchfistal-year,'cOntaining :balance sheets as.of:the-end of suelrfiscalyear.and a statement of operations, changes in fundbalances and cash flows for the fiscal year:then ended, showing - - --.-in comparative .fortri :such -figures,fouthe preceding fiscal year of the City, --- prepared in accordance with generally -accepted accounting principles promulgatednby theFinancial AcctingStandardSrBear&asinodified in • — .--.aecordancerWith.the'.goVernmental: aecotinting'standards-Proninigatedbyithe . •... . . .. , Goverrunental Accounting Standards Board or -aS'etlieriVise'providediindef— Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not --been prepared in accordance generally - - - acceptedaccounting princiPleslor-reasons beyond -the reasonable control of the - -----City;-noting the discrepancies.therefrom 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 thetype-containe&in the Official Statement under headings:: Economic and Financial InfOrm atiOn; Summary of -Debt and Debt Statistics, General Information - "Major Employers" and "Building Perrnits.". NOtWith-Standiiig-therfOregbirigParagraph, if theandited'finanoial -stateinentS4re iiiit'aVailable 'by' the -date specified; the City -Shall provide on or before such date unaudited -finanoial 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 submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the 1 6 Municipal Securities Rulemaking Board (the "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 inciuded in the Diselosure Information and the City determines that certain specified data - • - regarding such replacement operations -Would be a Material Fact (s. _defined in paragraplt(2)- hereof), then, from and after such determination, the Disclosure Information shall include such • - additional specified data regarding the replacement operations.- If -the Disclosure Information is • :I- -----changed.erihfs seetionis- amended-asTerniitte&by--this-paragraph'(b)(1-Orsubsection,(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, notice of the occurrence.:of-atly±:.ofthefollowing_ events which is. a Material Fact (as hereinafter defined): - - *- 1 (A) Prinoipal-and interestpayment delinqUencies; • (B) Non-payment related defaults; • (C) Unscheduled draws bri debt' SeriiieereSerVeS refletting fittatiCiardiffietilties; - (D) Unscheduled draw S OdereditenhanceinentS reflectiiig-finanCial diffictiltieS; - - (E) SUbstitutioriof credit or liquiditY-providers,-ortheirfailureto perform; :',Adverse tax;Opiiii.ons bttvents-faffecting the tax,exemptstatuS ofthe.[security;-,- (G) Modifications to rights of Security helders; _ .• • •.•., , (H) Bond calls; —DefeaSances;- (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As usedherein; a -Material Fact is -a fact -as tb:ivhich.a substantiallikelinood 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 Statem ent;information_ disclosed :hereunder 12r:information-generally available to the public. NOtwithStanding the foregoing sentence, a Material Pact -is also an event that would be deemed material for purposes of the purchase, holding or sale ,pfa,Bond within the - ----.meaning-of applicable federal securities law s;-ass interpreted at the -title -of AiScovery 4:51t116 (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; 17 (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 portiOri:OfthePiSplosurelnformation,are_prepared; and - --- (E) any change in the fiscal year of the City, :(C) Manner -of Disclosure. The City agrees to make-aVailable theinformation degcribed in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraphs (1), (2) and (3) of subsection (b), to the _ MSRB through EMMA; . (2) the information described in subsection (b), to any rating agency thenmaintaining a _ rating of the'Bonds at the request of the City and, atthe expense_of. such Bondowner, to any Bondowner who requests in writing such information, at the time of _ _ - -transmission under-Paragraph-(1,) of this subsection, or, if suchinformation is transmitted with -a -subsequent time ofrelease; attheltime suchinformation is to be released; - all documents provided to the MSRB shall be'aCcomPanied 6V identifidg information as prescribed by the MSRB. 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 - proceedings,the failure of the cityto comply -with -the requirements -of this section Will riot 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 successorytheretO'orUnieridatory 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 18 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 -ofparagraphr(b)(5) of the Rule at -the time of the.primary- offenng of,therilWowgi,offocv:to.',*y:eliotigdilitireatiistant-e§;4polioblpiunder-:„ Clause-(i)(a) and assuming that the Rule as in effect and interpreted at the time bf the. - amendment or supplement was in effect at the time of the primary offering; and (iii) - - - - -such amendment or supplement does -notmaterially impair the -interests the . „ -Bond6WnerSAinder-- -- , - • - 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 -theeffect; if any; of the change in -the type of - — financial information or operating data -being provided -hereunder, (3),...This.-sectionis-entered- into to--compirwith the continuing disclosure:provisions of the-::Rule7and-shouldabe-eonstrued:soas to.satisfy-the...requirements,:of paragraph • - (b)(5) , -of the -Rule:- -• • " - SECTION: 9.: CERTIFICATION:OF PROCEEDINGS.'-- 'T _ „ : _ 9.01. -.-Registration of Bonds. The City Administrator is _hereby authorized and directed to • file a certified copy of this resolution with the coteity-Auditut of WashirigtonCourity"arid obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Aiiditor?s bOnd register. . . . , . 9.02. Authentication -of Tran crint. 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 showthe :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 certificates,,including any..,heretofore. furnished, shall be .deemed representations -of the City - - r „ • • aEttYthp Ortedii0si'of all Stateirients'contained 'therein. Statetadirt_ Theyrelitninaty,Offieiat.Statementyelgingtothe-Bonds,-.-': ',„ , dated October 13, 2010, prepared and distributed by'Nerthland-SecMitieS, 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. 19 9.04. Payment 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. pori_vote--being taken thereon,fthe 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 2010A Payments on Special Assessments Year Collection Principal- — Ii►terest Totaf. 2011 2013 2014 2015 2016 2017 _—.2018 • 2020 - Date PROJECTED TAX LEVIES Total 2 Levy 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, herebycertifies that there has been filed in myoffice a certified copy of a resolution duly adopted on October 19, 2010, by the City Council of the City of Lake . . „ - Elmo, Minnesota, setting forth the .fonnand detail sof an issue _of $2.10;000:General Qbligation Improvement Bonds, Series 2010A, dated as of November 15, 2010 and levying taxes for their 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 dayof 2010. (SEAL) . . • Washington County Auditor f Lake E o, Minnesota S710,000 General Obligation Improvement Bonds, Series 2010A Prepared by: NO T AND ECUR T ES 45 South 7th Street Suite 2000 Minneapolis, MN 55402 612-851-5900 800-851-2920 September 7, 2010 City of Lake Elmo, Minnesota $710,000 General Obligation Improvement Bonds, Series 2010A Financing Overview Proceeds from this bond issue will be used to fund the City's 2010 Street Improvement Projects. The estimated project cost total of S680,000 plus financing costs result in a financing requirement of $710,000. A detailed illustration of the sources and uses of funds is as follows: Sources -&-Uses— Dated 11/01/2010 1 Delivered 11/01/2010 Sources Of Funds Par Amount of Bonds $710,000.00. Total Sources $710,000.00 Uses Of Funds Total Underwriter's Discount (1.960%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount 13,916.00 12,895.00 680,000,00 3,189.00 Total Uses $710,000.00 The estimated principal and interest is illustrated as Exhibit A. The debt is scheduled to be repaid through the years 2012 — 2021. The interest estimate is based on an assumed average rate of 1.79°/0. The -principal payment- structure- is based on the -City's expectations of special assessment revenues and property tax collections to be received over the term of the Bonds. The special assessment revenue stream assumes the City will file S174,000 of assessments in 2010 for first collection in 2011 over a term of ten years at a rate of 5.00%. The estimated average annual tax levy for the project will be approximately $58,564 at the 105% requirement. The summary cash flow analysis detailing the revenues and tax levy component is illustrated in Exhibit B. NORTHLAND Page 2 ECURITIES Related Considerations • Bank Qualified - We understand the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501c3 corporations) does not anticipate issuing more than a total of $30,000,000 in tax-exempt debt during this calendar year. Therefore the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law if the Bonds are sold as Tax Exempt securities. Arbitrage and Rebate - We understand the City anticipates issuing S5,000,000 or less in tax-exempt bonds in calendar year 2010 and therefore any arbitrage earnings in the construction fund will be exempt from rebate. This exemption from rebate does not eliminate the need to comply with other arbitrage regulations governing the investment of bond proceeds and debt service funds. In particular, the City should become familiar with the requirements for maintaining a "bona fide" debt service fund. These requirements will be explained in the bond transcript fallowing closing. The Bonds will be global book entry with a bank 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 the City's outstanding debt is more than $10.0M it is subject to full disclosure requirements of the Securities and Exchange Commission.. Northland can assist the City in complying with these requirements. NORTHLAN Page 3 Summary of Recommended Terms 1. Type of Bond Sale Negotiated with Northland Securities 2. Bond Pricing Wednesday, October 13, 2010 3. Council Consideration Tuesday, October 18, 2010 at 7:00p.m. - 4. Statutory Authority The Bonds are being issued pursuant to Minnesota Statutes 429 and 475. 4. Repayment Term 5. ___Security::- 6. Prepayment Feature The Bonds will mature annually each February 1, 2012 - 2021. Interest on the Bonds will be payable on August 1, 2011 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 as previously discussed, - The Bonds.maturing February 1, 2018 - 2021 will be -subject -to -prepayment onfebruary-1;2017-ata price of par plus accrued interest.• 7. Tax Status Dorsey & Whitney, LIT 8. Credit Rating The City's general obligation debt is currently rated AA by Standard & Poor's and Aa2 by Moody's Investors Service. We recommend pursuing a single credit rating by Moody's - Investors Service because it will be the most cost effective option. Page 4 NORTHLANI ECURITIES EXHIBIT A Debt Service Schedule Date Principal Coupon _ Interest; ... . Total P+I - Fiscal -Total —11 20i0 - - - 08101/2011 7,741,88 7,741,88 02/01/2012 65,000.00 0.500% 5,161.25 70,161.25 77,903,13 08/0112012 4,998.75 4,998.75 02/01/2013 70,000.00 0,500% 4,998,75 74,998.75 79,997.50 08/01/2013 4,823,75 4,823,75 - 02/01/2014 70,000.00 0.700% 4,823,75 74,823.75 .79,647.50 08/01/2014 4,578,75 -4,578,75 ' 02/01/2015 70,000,00 1.000% .. 4,578.75 - 74,578.75 79,157.50 08/01/2015 4,228.75 -4,226.75 02/01/2016 - 70,000.00 1.350% 4,228,75 74,228.75 78,457.50 —08/01/2016 - - -- - -. - - 3,755,25 - 3,756.25 . - 02/01/2017 70,000.00 1.650% 3,756.25 73,756.25 77,512.50 08/01/2017 - 3,178.75 3,178.75 - 02/0112018 70,000.00 1,850% 3,178,75 73,178,75 76,357,50 08/01/2018 . , . _ - 2,531.25 - - 2,531.25 - - -- 02/01/2019 75,000.00 2.050% 2,531,25 - 77,531,25 . - 80,062.50 08/01/2019 - - 1,762.50 1,762,50 02/01/2020 75,000:00 2.250% — 1,762.50 76,762.50 78,525.00 0 B/01/2020 - - 918,75 918.75 02/01/2021 75,000.00 2.450% 918,75 75,918,75. 76,837.50. Total $710,000.00 . . - $74,458.13 - $784,458.13' Date And Term Structure Dated 11101/2010' Delivery Date r 11/01/2010 First Coupon Date Average Life Average Coupon Net Interest Cost (NIC) _ True Interest Ceost (TIC) Page 5 8/01/2011, 5.856 Years 1.7909351% 2.1256554% - - 2.1381724% NORTHLAND , ,U nA T Es EXHIBIT B Revenue vs D S Levy Collection Cycle Less: Equals: Scheduled. - Assessment Debt Levy Debt Levy @ Date- ' P+I — Revenue Required 105% Certified Collected 02/01/2011 . - . - 02/01/2012 77,903.13 22,670.67 55,232.46 57,994.08 2010 2011 02/01/2013 79,997.50 22,671,04 57,326,46 60,192,78 2011 2012 02/01/2014 79,647,50 22,671.34 56,976.16 59,824.97 2012 2013 02/0112015 79,157.50 22,671.10 56,486.40 59,310.72 2013 2014 02101/2016 78,457,50 22,670,50 55,787,00 68,576.35 2014 2015 02/01/2017 . 77,512.50 22,670.64 • 54,841,86 57,583.95 2015 2016 02/01/2018 76,357.50 22,671,50 53,686.00 56,370,30 2016 2017 - 02/0112019 80,062,50 22,670.90 57,391,60 60,261,18 2017 2018 02/01/2020 78,525,00 ' 22,670,70 • 55,854,30 58,647.02 2018 2019 02/01/2021 76,837,50 22,670,62 54,166.88 56,875.22 2019 2020 Total $784,458,13 . -$226,709,01 $557,749.12 $585,636.58 *Assumes assessments of $174;000 for a term of 10 years at a rate of 5.00%. - — NORTHLAND Page 6 CURITIES FEASU OUTY RE • Date: , December 2009 TKDAProject No. 14504000 444 Cedar Street, Sulte1500 Balnl.Paul; "MN 55101 .{651)292.4400 (651) 2024/083 Fax vr/t^.0w,lkda:com CHITECTS PtAtJNERS . - FEASIBILITY .REPORT STREET AN�WATER ::QUAU Y IMP. CITY OF LAKE ELIV101 SAINT PAUL,MENNESOTA M1NNE$CTA- 717KDP.i.:FRO4aP7iP..„ -Q4,100 • DECEMB ER.2009 1, hereby certify that this Reportmas, prepredbyrneorundermy dtredt superVislonend 'Marl am a duly Licensed Professional -Engineer:unclerthp laws of 't heState pf•Minpesota, • 14,504.000 SEC: TION1. -SECTION It - SECTION IIL SECTION IV, SEOTION-w sqqn.pN-A SECTION SECTION IX. SECTION. X, —SECTION XL 2010 STREET AND WATER QUALITY IIIIIPROVEMENTS CITY OF LAKE EL11110, MINNESOTA TKDA PROJECT NO. 14504.000 TABLE OF CONTENTS PAGE'NO. . . U1111111IARY 000 000 r nal rol; 00000000000000000 ............. .. ••••It1.001,00.1:1:-2-- PROJECT AND SOOPEOFWORK..... _PROJECT AREA HARACTERISTICS„........„..— .... .... ... . UTILITY- [IMPROVEMENTS ... . . ..... . ; ..... IMPACTS:OF PROPOSEIAIVIPROVEIVIENTS . - 10 RIGHT-OFMAY.AND EASEMENTS • - • - 10 ESTIMATED PROJECT ........ FINANCING OF:IMPROVEMENT& .. . ...... 11 PROJECT' SCHEDIJLE ..... ..„. . ...... 13 CONCLUSIONS AND RECOMMENDATIONS APPENDIX LOCATION MAP PAGES ..... .. . PROPOSED lIMPROVEMENTSEXHIBITS.. ..... ..... , TYPICAL STREETSECTIO.NS AND 'EDGECONTROL DETAILS - ENGINEER'S PRELIMINARY ESTIMATES -OF COST ..... WATERQUALITY IMPROVEMENTS -ESTIIVIATE OF COST ........ .... .... ...... ......— . 1 PRELIMINARY ASSESSMENT ROLE.... „ ........... ......................... 14504.000 .2010:STREET AND.VVATER QUALITYMPROVEMENTS CITY OF LAKE ELIWO.,:iiiIINNESOTA ptEcUTIVE.S1111,11111ARY: s The City of Lake EIMO is conSidering :Street and water qualityimprovements for Jane Road . _Noith (west of jamaca jkvsenue:North):,:.1sle.,AVentie::,N001-4-4froM.,Jarnaoa.Averiop,SIor.01:,:to the cul-de,sac), 55rdl :Street 'North,:.(from keats./Avenue'North lathe. western :edge of Arabianliiils),, and:57th ,Street North(from Julep Way.to the :western.‘edge of :Rolling 1-1.111s ESiatee)based on the2009,2018Street+Capitallmprovement The proposed Improvements for 'Isle venue : :53rd :Street :North :and 57th Street -North' include the,reOlamationiof the existing streetsrreciaiming the-existing'bitUminouseurface With a ',portion 'of the aggregate base :underneath. The materials are blended.tdether, Shaped, and compacted es a new recycledaggregate base. Excess rratenel is removed es necessary.. :new 3,,inchthick bituminous-.s0rface is:paVedTbverIthe,reclaimed rriateriarintWo,liftS.16 complete the projeOL For Jane Road North, a reconstruction is required since the existing &eetreectiori does not ,contain a SuffiCient.thiCkness for the rediarnatibri probess. 'for this :situation, the exiting roadway section is 60b-cut to a depth Of 11-inOhes and removed. Excess recycled material Will tie used frtirdilidfig'kijg,46d6iielit0:,*iiiie at'r''';eightlhth'i:Cbtrifiacted aggregatebas&fcillowed by the-Olacernerit Of a newbiturninous,paVernerit. For ,each street segment, three .curb replacement alternatives were considered including keepingr the existing bituminous curb, replacing -the- curb With rraw--biturriihotiscurb, and replacing the curb with 'new concrete curb. The existing curb was .inspected. as .patt of this report and it was date' mined that the existing curb thoUid. not be:salvaged due to -the condition . . " . and minimal exposed height betailed.dost estirnates Werecorripleiedto provide 'a comparative cost -benefit analysie between replacement with bituminous curb and :concrete curie, Both alterriatives are iricluded within this:report for CI consideration; including total project costs and asSessrrient impads. The,estimated total project dost for the recommended improvementswith :new bituminous curb is:$608,00.0 of which -30% -($1 $2,400) .is to .he assessed to the 55 benefitting properties. The City-oost_nparticipation is therefore :estimated to be142560.0. The estimated -total project.costlor :the recommended improvements with -new concrete curbis $7.21,000 of which 30% ($216.,300) 2 14504.000 is to be :assessed to the 55 benefitting propertie,-. The. City 'cost :participation •is therefore -estimate,d -to•bef$50.4,700. The detailed breakdown :of the :proposed assessment 'amounts for • each alternative and for each .Street, leprovided In the "Financing:of Improvements" section of this report.-- . _ . It'is the reoommendation of the engineering and public workestaffthat the City proceed with the recommended improvements using concrete curb. This recommendation is based on the 'superior durabiIityantiPeliernianOe d)d-end the,usefill Ilfe Of both the curb and bitutininous Street eurface, :providing ,a lower overall, life-cyCle cost for the street infrastrUtture. 'However, community:preference should be •considered regarding aesthetics tegother With Ahe:higher ,upfront cost: impacts for concrete curb. Bituminous Curb' Will m etth What currently existsuithinthese,neighbornoods and is an at eeptablepredu - -The-repoit also investigated Ahe:opportunity- to incorporate lain gardens within the mitotic fight- __ of,,,way..to_improve _water:duality as ;part of the overall project,..includingjhe identification of potential -rain ;garden sites;the-prpaation of a ;preliminary estimate of cost for the rain „,,,,,g,arderisaritta„-_tabOlated..liSt'::,cif-4h.e..property.•-owriers:and-coritadt infermatIon-lforthese sites; -; -;ineludifig:,parcel4D,-:Sites,werereviewed and 'identified in locationelhat are functional and would require limitedtirading and 'drainage alterations. Our reViewldentified twenty-one potential rain County Conservation District, 4he,eStimated ,project cost for the water 'quality imprevementels $71,M00. Information and- resources_:;were„Sent_94tonpropertr.;:owners:and •interestinirein -gardens has beerrpromoted.and solicited. Allthe rebidents-were invited to take:Elmo-City klalion-December 2,-2Q09,:forapresentAtion_ by'thertashington Conservation District:on the waterd-uality-benefits • ;o ram gardens Aelhe,?Whole, city tegethef•With-th-e','aesthetic benefits -they can prxnde to the resident. To -date, we have received interest from .approximately14.hornesforthe 2010 project ougheutthe„.F,..ublic„Hearingprocess-yvevvill continue:.to-eak for resident support for a raingarden in front oftheirbome, A Valley Branch Watershed Distriet Conirnunity.Orant: Will be applied for obtain 50% .cost participation. it -is anticipated that the --City's contribution 'Will be funded by the Surface Water Utility, • -sf:zzl. 3 14504.000 The 'recommended 'Preject -improvements are necessary, ,cost-effectivo, -and "feasible...and will result:in Atenefitto the:properties:propos-ed. tote ...assessed. :it is recommended -that. -the City counotiacceptthislRepotli-hold-the'publio-hearing).:an-dordertheimprovements. 0140J5C,T HISTORY AND'SCOPE..00:ifiailik s- - - itiatedas itOftheCity's. 2oopao1:3 Street ba: protterne nt:T? Ian (C117.), adopted by the -City-;Courielt:On'.:FehrOary 17., 2009. The Streetsideritifiedin:the'2009 GIP were completed on::.sahedtile, The preparation of the feasibility report:Jar 2010 :Street and:Water-Quality IniprOVerrients Was aUthorize:dbY the Gity 'Council on OotOber 20, 2-009. 'This Report is a 'tleSktOp,StUtly, ',based on -Street ;pavement rating :obserVatierie,Street inventory MeaSuranierits): record drawings, aenal photography„ aerial contours, " • WaShington -CO* :plarrecerelS, and. City,-Utillty -maps, We: have Jobtained geetethnical iriVeStigationsand4e-cords-Lofthe-eximinormfOtTpedfienp::10.41:PIAtthf in this :-Reoort...kvIstial_ observation and .:conclition.astesstnerit AntaO,alSo:.cOMPleted for the existing curbin each neighborhood.- ; TopograPhicsurveyswere not:completed as:_-:partl of . • • •this report It has ben ---,Assumed 'that the gerieral -drainageit haracteristics.--!,of each neighbOtho9d can be preserved aslheimprovements-arelmOlemented, hovveverthis must „ . — venftedas .part-•df thedetelleddesign for-the,selectecl4mproyements,:„_:-: • • • • IL li*R.O.IECT•AITE'l CRARACTHRLpTICS Jane Road Northyrorn Jamaca Avenue North:t -the west end) rons:.alcing the north side of Lake Jane and includes Krause's Addition, Firefly, Springborn!.s Green Acres, and unplatted lots. Itis 1,020 feetin 'length and is approximately ,22 feet wide from bank of curb • to baelc of Curb' and dees'not•have7alt.iniaround at the dead :ericL,,,Recortt-drawings and historical maintenance were not found 'for this segment of roadway so we were unable to . -. • . . •- .. • , thedate_Of ,originer construe -flan and :last imaintenarice-actiVity:' Soil:b.orings :indicate :that the -existing street :averages 267 inches .of bituminous pavement ,on 3.5 inChes of Aggregate base. There are two _existing catch basins with storm sewer piped to the north side of the road, discharging away from'Lake Jane. There is a high point near the center of this road segment. Storm water runs from this high point to the east along the four inch :bituminous curb and into the catch basins. From the high point to the west the storm water runs -along the boulevards, then south down a propertyline, ultimately -to Lake Jane. in this 4 1-4504:000 area, there _is no curb -or defined ditches-arml significant erosion and road edge cratking'is occurring„on the south side of the street. The.suila.ceofthe•Street is poorcondition. There are large areas of -severe cracking --and potholing in the 'bituminous surface, indicative "of:a-failed subgrade. There aretwelve:assessable.properties in thisimprovement • Isle Avenue North.is a !segment off of _Jampea,Avenye North end includes Springborn's Green -Acres 21-id:AdditionanctUriPlatted It 1485feot1n - length, is 34 feetWideifrorri back ofothia to back -of curh; and has a cukde,sac with, aTadius of '50 feet. Right4of,way does eXtend to Jane:Rd North, but a street segment has not been continued to Jane Riiad North. Existing records indicatelhestreet-section to be two inches oftiturninous pavement on six -inches -aggregate base, Record clraWingalor the Cul-de-sac indicate threeinches ofbituminous pavement on 1,21nchesof aggregate bas.e. •boringS-indiaate an average Of2.75'irichecifliiturninoWpavanient On 7--:$ inche f - -aggregate basefouriiheh bitumirioUS'eUrb'ekist S'along 'the Strieet Limited ratOrrri sewer ..is in place. toftl rain the'street loan existing 'low -area; -COnsiSting,Cf,three,CatCh • -,baSiWith one 'flared eitrsection;-Theicatch:baSins-"remaitifvfinaibtiaL -Dit' records ''aPPeArteindicate'the.'"Stritit."..WaS.-COnstrUcted:arbfint1.71987:;4,ithlAbe;.-COIA.e4sa .G.adqedin 1994., The :street was last sealcoated in 1996. The:Surf:pee of the street is in:very poor coriditieti7theire:ardlarge*areas"-;Of -,Se-iiirere'''-'-trat"king7"-afftillOballitiOIS011itillfiglril- be": bituminous S.irfaei.the.se pavement distresses ,indicate a failed stilograde. There are 16 properties with 16 assessable: units lin this improvernent area. 53rd 'Street' -Nciftn,extenda westerly ifeelfrerri Kt Menge .COnSiets -of the Arabian _Hills deve:Iopment and one property•Of'the Rix Fire EStates", !Us 30 feet wide from back :of to, back of curb. Record drawings indicatetheexisting street has two inches of bituminous pavement On six inehes Of -aggregate SOF borings indicate an average -of 2.39 inches of, bituminous paVement on 5.6 inchesof -aggregate place to draintheL'Street to existing " water "'bodies, ._„.. . . . . ...„ . consisting of dight: catetrbasins- and three --discharge outlets. Two cateh ,basin -,castings tend to plug-frequently...and are not-funCtioning properly. The remaining catch basin -castingsare in .good condition and can be salvaged. -City records reveal the -street was constructed in 1991, and Was last sealcoated in 1'999. 'Thas.urface of the street is in very poor condition. Thereare large -areas of severe cracking and localized potholing in the bituminous surface, 14504.000 indicative of a 'failed sUbgrade. There areitwenty;assessable properties irrthis improvement area. 57th Street-N orth'is swithin 'Rolling Hills Estates and extends from JulepWay tothe western edge ef Roijing HilISIEStates:-ifis-1.,116 feet in iengtn ande-is.'-30x-feet;,Wide:..f rerribaCk-of cur to back of curb,. 'Record drawings indicate the ;thisting. street' has three :inches Of :01tuminouSi'pavementon-.4 inches Of:aggregate base, along;.,:wittGbiturninp.us-:curb.s.SOIL, - borings indicate an average :tit' -'0T-indfies-47bitUrriThoyS :;pavemenf,Orti-fttr-indlies O • aggregate :,base.. Storm sewer is lin place to drairilhe ttreetto Ian, existing water body, consisting ,of two .;:catch basins andone-distharge Olitlet..The-Catch basin caStings. are in „ geed_condition and-arerfUnctioningpropenrCityrecords revearthestreetwas,;conStructed - : in'-'1993',.and.waslastisealboatedin19-99. The surface of the:-Street.iS-'inVerymo.or- condition. • ; - • - There is;ala rg e area An athiSlieeffaUrface p SitChed,-lotitiS stipp byaleiled Su log rad e; Thereareareas:tif seVere ,craCking:and 'poth011eigin-thebittithinoUS-Surface.Ahereare.five- aSs-essablelero.Perti es 4n lhiairriproVem ent area. • - PkoPOSEIIIIIOROVEIVIENT Bituminous:pavement :reclamation is proposed for Isle Avenue -North, 63rd; Street North, anct.„7411:::Street Nortti, in ordr to piovtcje a neW,.:0Kurninous,::.A14rfaPeplApporto4,by - -renewed recycled. aggregate base. !Basedon sUbsurtace investigation, ;these streets appear :to have adequate bituminous pavement and aggregate base Material to reclaim 6 to:8 inches. deep, ;cut 3 inches :of the reclaim material, :and pave the: riew bituminous auifaCe-to 'the: 'same elevation• tthe.-- eXisting street-. Therref;seVeral-4iat -yards and driveways that,reqUire that ;the Streetbe oy- tbaol.<:tO its current elevation. Thisis,critical as to net create any additional drainage issues ip :frorit yards,: The :PrOjecUproposes to mailitairilhe existing Street ;aehteillhe :the' COnatfli8tien- grading -arid' • ' — dfainagaynpaotatopeadjacerit properties. The StreetrepIam;ationprQjetWiIFrepiacethe . . eXisting-street-siirfacesirrplace;.-Alo-widening narroWing4Ofthe-roEids are proposed for these ;improvements. From our geotechriical investigation itwas .discovered that'there is:not enough -bituminous and aggregate base existing along Jane Road North to successfully reclaim the street. Therefore, this street must be --reconstructed by -subcutting and removing the existing biturninous, aggregate base and subbase materials to a depth of 11-inchea. The street 14504,000 section would'then :be reconstructed using excess recycled base materials from the other neighborhoods to provide compacted recycled aggregate base. A 3-inch bituminous pavement would then :be placed to complete the street reconstruction. The efficient use of the excess recycled material reduces the cost of purchasing new Class- 5 aggregate :baselferthe construction on Sane' Fid6rd Nerth; The 'ImPriiVerrients to this :street segment will be densidered a reconstruction and therefore will Jikely require storrn water As pail of this feasibility report, a Visual inspection was completed forthe exiSting curbs to assess the condition and funCtionality. orthe 2009 Street ;Improvement project it was cleterrnined that the curb -could::be salvaged ,along some streets. :However, the review for the 2010 street:segments determined that fult replacement of the curbs -will be required. Theplacernent cif-neVv:001bWill indlude'curbTouts, -or depressed(curb,:ethetWill 1?,e,:added et rain gardenJocationsfAisp, curb -mayTneed,to be added in ;locations Where Significant erosionlsoccurring along,street.edgesto keep surfacemater-oh-theIoad and stabilize the boulevards. Driveways and boulevard areas wilI be impacted with the existing curb- '—removar,and -replacement. laiSturbances mill occur approximately three to -five feet •behind the :curb into -boulevard and driveway areas. This will require the :privers-to relocate any :underground sprinkler systems or invisible do,g fences prior to construction. Cluster mailboxes . , w.111 havelp,ferrY CI and relocatedtofcllltateThe cumbiMiaiIation. TO-seplace- the -Qt1rhs,--two separate --cost -alternatives:were cornpleted.:for -consideration by the:Bity; new bituminous curb and. new ...co.norete curb. The folloytiing is -a summary :of lheSe;9 0 .onsviiith:their'Corresponding:benefits,:weakn.essesjiaridettirriated-projectt OSts: A. Replacement With new Bituminous Curb This -option would.repface -the existing curb with .new -bituminous curb along with the . .'„improverrents.-recommended :,above. 'The_ benefits -of -a biturninom...durbinciUde:._ lower construction costs ':2-.Shaiter-6onstruCtion dffl iand impadt to .property. owners, and 3) more aesthetically appealing to -serne .property :OWners. The weaknesses of :bituminous curb include: 1.) lower construction tolerances during placement, potentially causing new drainage issues, and 2) bituminous curb deteriorates -much faster than concrete (less durable). 7 14604.000 The total estirnated project cost With new bituminous curb "is $600,000; whidh -breaks down to be i$98000 for :Jane "Road, '$160,000 for Isle Avenue, S262;000 ;for •53rd Street, and $00,009-for :57th Street, Replacerrient.With nevv_Contreto Curb.- Thisoption would replace the existing ourb-,.With-new concrete curb- and edge.contret li-batiefiti:-.Of 7666te . ;;;Include; 1) a:more:durable -curb-lineNVithlonger.usea life,- 2) '0.:11.4911er fOnttional..purb lhat.,ic*n be ;;:o0nStrudtedio finer -tolerances for rnere-A3reeise; drainage:-doritrol.both. on the. street and behind:the:curb, '3).'''proVideS.:Strongeredge control ,which extends the roadway, and 4)',OffersirilitOroVe dOrb-dut design forran garden Iodations.. The:Weal-cneSteS;;:of -conorete.,;o0ilbluiclude:110600r cost':2)".longer :bonattktionlitheframe '(reS iderits';will-not be ableio use their driveways for:'a :period cif :510 7 :days-leallow tinie for fnehoonprete:to odre-,and.aebieye the proper strength), and 3) some. residents find 'concrete airbild-be posthetiCatly unappealing. -he Acital estimated prefeet de-St:With new conerete:eurb is$721,000, which breaks dbWri10 ;be $115,000 for JaneRoad, 0894000:for-Isle Avenue, $312;000 '"for:53rd Street, and VI 05,0001or 57th Street C. irtfaterquality Improvements As part Of the 2009 Street Irriprevement Program, 'the City initiated the implementation.of a ran garden :program,. strongly:promoting the :implementation of • :rain gardens along with the capital street projeds. The program is intended to irnprovelhequality of the GitVs ;water bodies by capturing and filtering the pollutants found in 'storrn'water runoff; before 'the runoff is allowed Id disdharge direetly to surrounding :water bodies. The program implementation requires a collaboration between City staff,.: property ;owners, the ;Washington 'County Conservation District and the Valley Branch WaterShed district (VBVVD). Rain gardens were _evaluated as part of the streetscape for this project. Areas were identified that would 'maximize the benefit of ;a rain garden installation (flat areas that are localized low spots along -the street boulevard). The curb would be cut out in these areas lo allow storm water to drain 'from the road surface to the adjacent 14.504.000 boulevard and then to the rain _garden site:for infiltration. _Twenty-one potential sites were identified asshown on the=proposed improvement exhibits in this sep-ort.--Using information proVided.bythe:Washington County -C"onservationMistriet and VBW-D., the . . „ :estimated -projectoostfortheselwanty7onerain-gardenua.estimatecitO The actual number- and 'location of any proposed rain gardens for this project will - require further reView andpropeyfowrragreenint.rhyicyjsto.paiticipate • - - - in the upfront capital costs for the rOin-garden,tonttnibtion With the expectation that the -property-owners :will provide the :ongoing maintenance. Each property owner will be required to - ign a perpetual maintenance agreement "prior to rain garden installation. Upon acceptance., of this teasibthtyreport,- City -Staff wlfl prepare and..submit an application for grarit:asdiStancerithrolfghlhe VBWD;Corrirriunity:QrantBrogram. hp to ,5O4,oftheNiiater-,q0ality±improvement. oetts:aregrariteligible;Jhairernaining435;50:0= . _ . . would be funded through the Grty storrnWater-,utifity fund,:oitygoffiwiti msocorvAct and notIfy_reSidenta ofthe_Citys;desire :to :! rompte the installation ,cfrrain gardens as part of thisstreet, improvementpteject Alesiderit meeting was aireadyJ:conducteciat City Hall en December 2nd to promote the::program, provide educational assistance --and to- -answeLany Aueations. fiaIbcrative,_ e prts, 1,1r. :further__ :anticipated that representatives from the Washington County Conservation .District wfll 'contact otopeity owners -to .promote- the benefits of rain :gardens and to 'further solicitprepertyownerpartiOipation. It :is anticipated that :the final number and location 'of --rain gardens within these neighborhoods willbe determined -through these future efforts.:ancl the -final plan :and proje-ctcosts:Willtepresented-forCity Council GOnsideration... —11t:UTLTYMPOVffENTS . „. As: -part Of the design phase of the project, existing pipe -culverts, .storm sewers, flared-e.nd sections, and drainage flumes will be field evaluated to determine if repair or 'replacement is ne:eded. At a minimum, existing catch basin inlet -grates that are not functional will be -replaced .as -part of the project. 14504.000 V. IMPACTSOF PROPOSED IMPROVEMENTS Choosing not -to :cornplete.any *improvements would resultin the. continued „degradation -of :the -City:etre:eta-in these neig hborhoods:, The City :would tall further behind:1n- its 'Street CIP :;:sdriedule•.%Theidentifiedi:;streetS-are :beyond -their useful. life, and7distresses -will ;become 7 .more ;severe. Continued use :of routine; maintenance:on these Streets,suoh as patehing, :,.p.othole-repairs andoverlays iebecorning4rnoreaxpeneiveand :needs,.arebecoming.more:substantial:andlrequent. " " The negative impacts o.f the:proposed improvements ;are minor. Short4terrn: traffic delays, ;dust, noise, and erosion will occur over -the course of :construction activity. Efforts to minimize these 'impacts--iincludeAhe restriction of: woknours and implementation of dust :aild.,eroSIOritontrO1 maastireS, 'S..sPacia1.4ffoittsVill bared .„ acceSSIoProjpertiea-arid-zioceSs for-eMOrgendy ;vehidles-,-*Any4tisruptiOnslhat occur to yardS: antl•drivevilaYs willA?e7-iteStored :conSiStent,Withgerteraf *instruction practicos,:ThoweVdf,it iri*OtalWayS„-potjoie":,t07rester&tcrpreexidting-cortditiOnS. _ • The repla--Cement of lt*:,p)dsting:pudd:mey,. result in:-:rninor:::dretnage.-Imperfections that carnet ft:illy:Corrected. in particUlar, replacement With Iziittiminetis :curb results in lower construdtion ,tolerance. *capabilities by the ,Coritractor. The .Ourb replacement..operations therefore mays result in minor drainage impei-iptions.:peiiirld the ..curb fine or small "bird bathS" located -on the streets,:.in:particUlar.elong driveway interfaces_and alortgareas :with flattergrades. Replacerrient with concrete curb:allows-for more predision,:whioh minimizes drainage"imperfeetions during oonstruCtion. -• VI; ,RIGIeP0F4111AY AND EASEMENTS All improvements are proposed within the existing right-of-way. It appears That no additional right-of-way and no ;easements will .be required fortheTroposedimprovernents. , Vil. PERMITS AND APPROVALS The folloWing-permitsmill be recidired to implement the proposedimprovemerits: Valley Branch Watershed :District (VBWD) -Rule'2:;Storra.Water Management:Permit Rule 3:;.Erosion and Sediment Control Permit 10 14504.000 The -watersheds -volume control -requirements will -need -to tie ,addressedlor.Jane Road due,tolhelactit .is to -be .reconstruOted-andfhe project wiltbaexcavating into the ekisting stibgrade. rinesota Pollution Control Agency(IVIPCA) -NPDES Stormwater Permit, .P:119JECT,COSTS Included in the AppenOix are detailed eStimates .of pre-I:able-Project costs including conStrktiOn, :engineering, .geoteOhnical investigations, and ,contingencies. No allowance has been'proVidedlor -easement :and right-of-way. ThesecoetieStimateS are. based op:recent construdionpirejects of similar charaCter anrd assurne thatthe-proposettimprovemerits would begin in 2010, The actual project costs will „.„ be. determined through a competitive 'bidding process and will vary with market conditions ,at the difithe bid. A.:a11111iTiOry :ofthelotaiestimated-projebt StS-forthe two alternativesare as:follows: - - Bituminous ReclamatiOn .inellincOnstruction (ne iaiturniinous curb) $.608,000 13tumrnous RcIamation and Reconstrtton (new concrete cub) X. :rINANGINGOE-.1filiPROVEIIIIENTS This -.Project islailbe-: partially financed :by- imp Sing- special assessments .against the .benefiting properties. :Special assessments are levied in accordance with Minnesota :Statutes :Cl-apter 429 and the .City Oflalce Elmo Special AssessmentPolicy. :Benefiting 'properties :aredefined-as-properties'abutting 'the -improvement orgaining-accessqo:their p ro petty from .th e-st reets-thetwil I be im p roved. - . ltrisrecommendedtbat the Unit -Method.ofassessment-baused fortheseTrojeastecause of -the homogeneous nature ,of the neighborhoods. Each lot will receive ,improvecl acce s for the property -owner and .,proVide equal use .by -service vehicles that serve the -lot. On March 3, 2009, the City --Council received information on the financing options for the 2009.2013 Street GIP .and provided direction to assess :30% of the total .project costs for the 2009 Streetimprovemerit-projeCts, At the April 7, 2009, City Council Meeting, a motion 14504,000 was passed to amend the assessment. :methodology to determine the unit •property assess-ment independently for ,eaCh neighborhood area. The -Council met again on November 1:0, 201.0„ and directed .staff -to continue this --asseSsment policy for the .201.0 Sti eet and W.ater QuaJij 1 mOrovernentS;Therefcire, residents will be -assessed:30% -cifthe total prefecll coststo-jihpreVe their tespective'Street.- "--- tOta estiniateid-prOject eosts and eorreeporidingassesSrhentamounffor the fOur street PrOjects are listecrinithe7tAble-below. Bituminous Reclamation and Reconstruction (na bituminous uell) Proposed Total Estiniated Estimated Per tinit Street Project Cost Assessed Rate •- • janePoad $ 98,000 $2430• IsleAverfuer-- - = -- • 460,000--- - 2,700— • - • .',53rd Street • '$.26Z000 :57th Street' $ 88,000 :;300 .:131tumlndue:ReOlamatiorrand Reconstru.ction.(new concrete curb.) Propese Street Jane Road sleAvenue 53rd Street 57th Street Total EstimatedEstinef EstimetedPer'llifr :•- Projeclt Cost AsseSsed Rate -:$115,=-000 $ 2;•90_0 489000. $3,150 4,70a 405000 :1$ The City may use fund reserves or_b-ands.forthe Proje-ct _improvements -to pay -the -up -front project' costs - and to cover City costparticipation .Speclial4sseSSMentSHVvenid;beleVied against the tienefiting propertieS With--15ayment terms :Structured se thatthe ,City,receives funds -to ,rrieet-debt obligations. If 'bonds are 'sold to -finance the improvements, the interest rate on the assessment would 'be charged at .prime :plus V/0. If no :bonds are sold, the interest:rate woUldbe :set at the rate allowed by State law. It is recommended 'that the street and drainage improvements be le.vied over a 20-year .Assurnin.g an .assessment -is levied in the -amount of -$3,2_00. at 6% interest, the 12 1-4504.000 property -owner, if They choose to finance -.the assessment would be required to pay an estimated $279:per Year. pROjECT SCHEDULE The following -schedule is proposed in order to construct these irnprovementsin 2010. -ober20, :2009 November 10, 2009 December'15, 2009 January, 2010 Repott-fiadiogs, Jaritrary-1:9,- 201.0- • April 20, 201.0 April 23, 2010 April 27, 2010 'May 26, 2010 oU nett Order's:I. kio.prePare Fhil ft j6T±H citycounci[ WorkshOpOn Assessment Policy Presentation of Feasibility Reports for prOject area..Couneil passes resolution receiving Report and :calling for'Heatingzon Improvements to be held January 19, 2010. OPtkinal - Res/Clerk iniotk6hop theetings held:to mvieimpr liminaty . ..•.. . --,PUblia,l.mprovenlent Hearings ior project area.--COuncil passes resolution ordering Improvement andJ-preparationof Plans_ Presentation of Plansancl 'Bpecifications to:the City Council terall project areas, 'Coundl approves Plans:and Specifications and .orders:Acvertisernert for Bids, Placement :of Advertisement for -,Bids - Oakdale4..a e Elmo :6 4311140t0.02:0.4.16i9Vi.APril..,:24*d:M.O.r_ Placement ofAdvertiSernent forBids- --Construction. Bulletin, Publication: data of 3and:May10, Re.ceive-ContraCtor: bids/review preparoprelirninary assessment roil. Jurte 1, 2010 CityCouneil accepts bids and awards Contract .,Process.and .sendout--ContradDocuments, June -ta, 2010 'Receipt of -Contractor's Bondsh_eg.al Review and Issue Notice to Proceed. - - - -.- - June 23, '2010 " ConcluotPre-constrOction-Meeting - • June.:24., 2010 September 2010 October 2010. Contractor begins work Final Completion Final assessment hearing 1-4504.000 XI, CONCLUSIONS AND RECOMMENDATIONS The Project as proposecils teohnicaliy and'finanCiallyfeaSible, is necessary:, cost-effective, and will result in a .benefitlo the:properties proposed to be assessed, It -is -recommended - - : 'that 'the tifli t6OnCil--iccept this - Report', hdld' the: :pLttlio: iaii 1g ind:orctor - Improvements. • 14 14504:000 GRANT 11 PROS. NO. 14504.000 LOCATION MAP I ELMo, n N13SO rA 2010 STREET & WATER QUALITY nlic2M B R ` 009 IMPROVEMENTS DA ASE11WY REPORT DECEMBER 'MO • WATEq.0pAp1y llopp...*E0ENTs.: eixon..1. NO_ i4so4,Dao ELMO, MINOOTh. • . ECEND - EMS AMC S [ORM SEWER CI 0 EXIST* Q CATON OkSIN OR MAMtiOLE PROPOSED ILVPRDVEVENT REMOVE AND kLPLACC CATC F: BASIN Mb 1'2" RCP ADDRESS OR RW Ni MEER PROPOSED RAM DARDEN LGCAMDN VALE 4+ elFJ PROPOSED IMPROVEMENT IMPROVEMENTS JANE ROAD 2010 STRE r 6c iT`Ama QUALIFY IMI1 L�t20JLC1' Nci. 14504000 LAK L LLMO, MINNESOTA LEGEND — EXESIING SIORAI SEWER EXISTING CATCH 6a9N OR XANUOLL • FHOPOSED IMPROVEXIENT ADDRESS OR PIO NUMBER PROPOSED RAIN i4R0EN 1 °CATION PROPOSED IMPROVEMENTS ISLE AVENUE NORTH NG. mitig.f` • fliASIBILITY REPORT OECEMBER 2UN 2O1OsTRrJTri WATER OLIALITY IMPROVEMENT-4 PROJECT NO. 145E4.COR !AKE, EL?t10, MENINESPT4 19940I LEGEND El 0 LXISTIFIG 5FOR.%3 SEWER u)qsril4c an lel I 1.1,41:4 14,4040i F PROPOSED iMPROVFMVAT SALVACE 0(151 liiC CASTING REmOvE AND REPU,CE CAI et •yvt) 17." RCP ACORFSS CR P10 NuMULI2 PROPOSED RAIN CARDEN LOCAI:Ori 20C,Xt rerT PROPOSED IMPRQValENTS 53rd STREET NORTH VARIES R/W VARIES ALTERNATNES: . .-REPLACE :CURB WITH BITUMINOUS :OUR -REPLACE *WITH- CONCRETE D412 ;CU -1,5'-2350 TYPE 1111 4 IT. WEARING C }t1RSE - TACK COAT 1.5"--235U. TYPE LV .3 'BIT. NON -WEARING COURSE '8' AGGREGATE BASE ;('RECYCLED CL. 7) :S[REET.S INCLUDED' .JANE ROAD NORTH STREET RECONSTRUCTION .PROD. NO. 14504:000 AKE'RL114C), MINNESOTA DECEMBER 2009 TYPICAL STREET SECTION 2010 STREET & WATER QUALITY IMPROVEMENTS 17' iV 4:BIT WE TACK :COAT -1•:5"-:235.13TYPE, IN- 5 'B1Tr ARING R/w Ow - ALTERNATIVES: • REPLACE,-CURR :•WITH BITUMINOUG :CURB_ • .. -.REPLACE VI -TN :CONCRETE 1141,2 -CURB .COURSE '6" RECLAIMED DEPTH :STREETS -INCLUDED:: ISLE AVENUE. NORTH::_ STREET P ECLAIM 'PRQ1. NO. 14504,000 I:AKE ELMO, MINNESOTA ©ECEMBER 2009 E TYPICAL STREET SECTION 2010 STREET -ids WATER QUALITY MIPR©VL?MRNTS 30' R/w 15' v ALTERNATIVES: M311 61Tt11itt4CitlS 'CURB. REPLACE 'wmt CONCRETE 1 4�12 CURB _._R�PIJ�GF iMi"M -'2350 TYPE LV 4',BIT,. WEAtt11v� ww - TACK COAT -1NEARIfV� L--21.5" -235D -TYPE _.L 3 -BIT. i £)1 TO V' RECLAIMED DEPTH STREET I45O4.O 0 AKEELIA ,.M.INNES©T.A 17T�CL'1`'lI3Ei2 URSE TYPICAL STaB secri 4�t� I��IFI*l l'S 2UlUSTREF`I'`&WA'TLTZ�� � ,, . • • -INTEGRAL SHDE-F RIED BITUMINOUS CURB CO'NtR.ETE CURB :AND GUTTER NOTE:. CONSTRUCT `B618 CUR 3 ,&; GUiTER: A,%..... INTERSECTION RADII. LVA WEAR -4/2 •.LV3 'NON WEAR (CONSTRUCTED W/ -BASE-COURSE INSTALLATION) - BITUMINOUS CURB PROD. NO. 14504.000 LAKEEL14O, MINNESOTA • DL CBMI3ER 2009 TYPICAL.STREO SECTION 20I0: S'I'.REET &'WATER QUALITY IMPROVEMENTS EDGE CONTROL DETAILS CITY OF LAKE ELIV10,14INNESOTA 2010 STREET & WAT'ERVUALITY -IMPROVEMENTS: FEAS1131LITY REPORT .JANE.ROAD 'NORTH. --::RECON TR U CTION .TKDAiPROJECT NO.'14504,000 ENGINEERS PRELIMINARY ESTIMATE OFCOT RECONSTRUCTIONW/BITLIMINOUS - CURB . - 1 LS M0B1UZATJO S 1,500 .1 LS TRAFFIC CONTROL $ 300 255 :-.LF SILT FENCE , - • ---- - ...$ 638 -------- 2 - : EA ' 117 4NLET ,PROTEOTION --: " — '':- ',-,:-:-:..3':--'..400..., . 310. ;LF sAlwur PAVEMENT (AL.4 TYPP) 3 930 2,582, SY REMOVE&:DISPOSE 01?"EXISTAITUM1NOLIS'.FAVEMENT $ '5464 156 SY REIVI0i/E-&.DISPOSE'OF EXLST. BIT UMINO0 STA-V.EMENT(DRI V Ii4V.A7) s- 778 24 LF RINOVE &DISPOSEOVEXIST. STORM:SEWER $. 192 2 13A Rmoya &DISPOSEOFEXLV. :STORNI MANII0 E 679 . :CY .... COMMON' EXCAVATIONICM;),(P) ... . . . . r ,6;78 5 _ ..,. 10 :RS . SLII30RADEPREPARATI0N OF RECLAIMED:SURFACE . . S : 1,785 916 CY PLAPE&COMPACrIMLAIMNIATERIAL!(FROIVIOTTIBR,.siTE):(ty) s. 6;412 299 TN 2360 TYPELV3 : BITUMINOUS NONWEARING COURSE $ 16766 2-30 TN 2360 TYPE:1414 BITUMINOUS WEARING-OpqRSE $ 13;363. 129 'GAL- BITLIMINOUSNIA-TERIAL TOR TACK COAT $ 322 I 56 `SY, 223.60 TYPE IN4111TOMINGOS WEAR-COURSE,,DRIV S ' ' . - 561 "I.F SAW:&SEALSTIthET.f,4IrINTERITALS) '$ 1,;122 24 LF ::12HAROPST0RKSEW.ERPIPE ' ' - „ $ 720, . . 1 EA 48 ".DIAME.TER . MANHOLE;TY rE 406S 4 (0ri IT 'DEPTH) - $ 13;000 1 :EA CATO TDAS1N, TYPE-404.S 3 2,000 ..I 48 , .CY . TOPSOIL:BORROW . . ..3 . : .,...... ,I;779 889 'SY SODDING . . ii : 4 ' 1,558 :$ .72102 • :CONTINGENCIES EASEMENT AND RIGHT-OF-WAY ACQUISITION $ - _ FEA,SI 1111,:riT 'REPORT $ : 2,002 ENGINEERING DESIGN AND CONSTRUCTION SERVICES 1 .8,787 GEOTECHNICAL EN GIN BERING .$ 1;450 RESIDENT FULL-TIMECONSTRUCTION MISER VAT1ON $ 4';833 LEGAL, FISCALADMINISTRATION $ 1,442 TOTAL ESTIMATED PROJECT COST 5 98,000 *The 'estimated. costs ore liccor.ding to average pficcs received an iniilar projects in other -altos. -The -octuol-costs, for this project will be deternii n cd through-i bitidin&proness and con vary with 'wicket conditions authe time cif.11to bid. CITY -OPLAICE XILM-0,ALINNESOTA 20111.STREET ASL•WATER-,QtAIITY :IMPROVEMENTS: :FEASIBIIXI'V ',REPORT ISLE AVENUE NORTH —RECLAJNI. • -11(I)A•VROJECT.;NO..14504.1100 KNCANEER'SPRELIMINARY ESTIMATEOf COST - CL4114L.ST1041, T •W./IIITI/141NOUSCURB: - . ' •._ ,, . .. . I LS MOBILIZATION . - 1;5'00 - - .1 IS .T-RAFFICCONTROL, .1 300' - ' • 371 !sclaTipNet------ . ,-- , -.. : ., : ... - , - .....- --, --- .s- - :,_-: -- - ,92g - '13- - - ' itk ' '.. -.NEETPROTBOTION' - - - , '— • - "- -1: . ..... - . ' 600_ :371 LF SAW CUT'PAV.EMEN: 7(:L1/TYPES) 4 IJI 13 100 - SY 11.ENTOVE- St:DISPOSE' OF:EXIST."131TUIviLNOUS-.P.NVEMENT (DRIVEWAYS) ,.$ .500 44 SY REMOVE, '84 DISPOSE OF. -EXIST, ,CONCRETE PAVEMENT(DRIVEWAYS) 4 222 1,794 SY. i AMC-IRA:DE- coRkBartoN i:$ 1.7;944 6483 ' SY '.RECLA.I.MBX,J3IT.:•ANDBASEMATERIA LS, VINCIIDEPTI-I $ '7,' Ill - 174 .CY: ',..1AOIJOI/tEXCESSIOLINM(IsV) — " -1 ' . -- ,$: - -... . . 1,482 -- . - 16. ----R:S - ' SIJ13-GRADPREPAF,ATIONOF RECLAIMED '151.1RFACE: :$ - .2,774 '1645.- _ TN :2360 TYPE 'LV3;-BITUMINOUSNO1;WEARINGCOLI1tSE : $ 36;098 ..547 TN''"::23.6,0TYPE:LV4111T.UMINC4S"WEARINGCOURSE . . '$ .. ' 1, .31,715 106 . •GAL --13:11IIMINOLISMATB1WLIPKTACICOOAT. ' $ - - 765 100 SY 2-'12360 TYPEIV4'131TUNTINOUSWEAR COLIRSE. DRTVES - -.$ 2,500 -- 1,188, LF :SAWiSEALSTRBET(4011?-1TERVA.LS) ' ------- -.--i 2,176 44 SY :4"CONCRETEDRIVE. _ $ . . ... .. ... _ . . 3 -' • ' cy '-'.,:a4ss -31i-IP RAP:W.1GEOTEXTILE FABRIC 270 • „ .. ... , . .. , -.. JO ':LF ' :'DITCFIGRADING" — ' - 440 200 ' CY TOPSOIL -BORROW- $ . 2,199 '33 SY SEBDINC1,-,17ERTITI7ER ANIMOOTIFIDER BLANKET $ I:50 . . ......,....... .. . • .- . • . 109 SY. SODDING . - $ - . . 4,-10 $ - '118;312 CONTI.NGSNICIF.S S 11,837 .....„..MSYMENT AND RIGEmor,-WAxAcQvjsrcioN 3 - FEASIBILITY REPORT 5 3, 303 ENGINBERINGDESION ANDCONSTRUCDON SERVICES S 14,472 GEOTECIIN1 CAL'E'NGINEBRIN 0 $ 1,450 RESIDEfTFULL-TIME:CONSTRUCTION OBSERVATION 7,960 LEGAL, FISCAL & ADMINISTRATION - — - 2,367 TOTAL ESTIMATED PROJECT COST S 46(1,000 ' glic-e-stimatetl•• costs • are-- accarding4o Nverage prices.- received .on 4imiiar_proj acts -in- other -Jarcas, _The.:At ni4i1.7costs-_-fot_this .:prnj act IIII I determined tiro u ;1, bi ddi n g ,pre cess- and an -varymith market -conditions tit Ilielime of.the bid, CITY OF LAKE ELMO, MINNESOTA 2010 STREET & WATER QUALFTY IMPROVEMENTS: FEASIBILITY REPORT 53RD STREET NORTH —RECLAIM TEMA PROJECT NO. 14504OUU ENGINEER'S PRELIMINARY ESTIMATE OF COST ...---'7- " - .' -TREET'WSIIITUMIISTOUS. CURB :.. 1 LS - MO 811-jiATION 1,500 1 1,,S TRAFFIC CONTROL $ 300 784, : ' LE - 7-SIL'1"FENCE ' - — .. I ,959 - - - - ' ' 8' -EA INLET -PROTECTION ' „. -- -'.1i600 440 ET' SAWCUTEAVEMENT (ALL TYPES) $ 1,320 I 29 SY ,-REMOV I.! &DISPOSE.OF EXIST.I3i-rummo1JS PAVEMENT:(DRIVEWAYS) $ • 944 22 'SY -REMOVE & DISPOSE. OE EXIST. -CONCRET.EPAMEM ENT: (DRIVEWAYS) $ II I 30 LP -REMOVE:6z DISPOSE OF EXIST. STORM -SEWER $ 240 2 EA "REMOVE&DISPOSEA)F EXIST. STORM MANHOLE $ 700 1933. ',,„SY S,UBORADE CORRECTION - $ , 19,333 •• -10,450 " SY -RECLAIMEX.131T; AND BASEIVIATERIALS, 84.NatorirliT $ .11,495 " S * * 186 :601 CY ' ' HAI410L/T F,XCESSIvfitLINGS (LV.) ' :° '._ If ItS---- SUEGRADEPREPARATIONOVIRECLAIMED:SOREACE $ 2767 • - •:---- 7:• liU5:--: 8---- 5 TN, 872 TN 2160 TYPEIY41,..Erl'OUS`IYEARING'CoURSE ' '' $ - ' - ' 50,559 .483 ZIAL " EITUMENOURMATERIAL,FORTACKCOAT . --' S '" * 189 'SY- - '''21.:',2360:11'YEE EV4131TOIVIINOUS WEARCOLITISE, DRIVES - $ ' ' 4;722 . ' - _2,195 ' :1:1F - SAW &SEALSTREE1' 0011NTERVALS) S 4;389 22 SY VCONCR:ETE DRIVE S 1,333 EA SALVAGE:ANL) ADJUST CASTING $ 6 - SO: - -1:,E, ":"4-12'1:,ROP,STOEM„--SEWER,PIPE _ . :2,400 1 EA_ 211$.fir.PINMETERMANHOLE.; TYPE406(0',10' DEPTH) :$ 1 BA CATCHEAS1N, TYPE 404 • $ -2,500 ,- 1,800 348 CY TOPSOILHORROW $ 2;090 SY'SODDINGs4it 80 14160 3,I35 LT STRIPING '8 2,351 . 19086 CONTINGENCIES :S 19,409 EASEMENT -AND F.-t-V AY ACQUISITION $ FEASIBiLITY.REPORT " ' " ' ' S ':6-,045 E NOINEERINO DE sipw .A.N CPNSTRU CTIO S fiR VIC ES S. 23883 -GEOTECENICALENGINEERING . 1,45(1 RESIDENTFULL-TIMECONSTRUCTI NOBSERVAlIC)N S 1.3;135. LEGAL,FISCAL.84, ADMINISTRATION -S .1,882 TOTAL,ES.TIMATRD.PROJECT'COST " '267,000 *The. estimated costs are Recording In average prices received Lon .4irnilar pmjccts in other areas, The actual costs for this projeo will be determined through. a bidding processrmii enii.vary with market conditions ni die -time ofthebid CITY OF LAKE ELMO, MINNESOTA 2010:STREET igi WATER QUALITY_ IIVIPROVEMENTS: FEASIBILITY REPORT 57111:STREET NOWIll TKDA PROJECT NO, 1450000 PRELIMINARYESTIMATE OPCOST ottntuMM,sTitEETWIEtriiivilNous--antir_. I LS . MOBILIZATION 1 ES TRAFFICZONTROL =279 .LF SILTEENCE- • EA *** 'INLETTPROTECTION - • • • • 180 LT SAAYCLIT PAYEME-NT(ALL:TyPES) '67 'REMOVE&DISPOSEOPEXIST, -BIT(flMINOUS:PAVE TIDR'• WAYS) ,..333* SY SUBG EtORII,ECTION 3-;717 SY-RECLAIIVIBX.-BIT.ANDRASENIATERIALS,. CH DEPTH, 3.32 CY 'RAUL OUTEXCESSMILLINGS (LV) .1 RS SUBORADBPREPARA TEM OFRBOLAIMBDSURFACE :376 TN. ,2360TYPEINTBITUMINOUSigONAVEARIN&COURSE- It 0 TN 2360 TYPE,LV4 BIT4MINOUSLWEA1UNO-c OURSE - - 173- - :GAL - ---BITLIMINOUSIOTBRIALFOR TACICG,QAT . - • 67- SY -21'.2360-TYPWLYCRITUMINOUS.IYEAR_COLMSE,:'DRIVE8' -8AVilz&-SE4STREE14O'llsITERVAL) CY '- ---TOPSOILBORRO 743 sy SODDINCI - - -. - STRWING • • . EA,SEMENT AND RIGH.T-OF-WAY ACQUISITION FEASIBILITY' REPORT ENCHNEHRING DESIGN ANDCONSTRUL I IONSERVICF.S GEOTECHNICA FiNGINBERING -.RESIDENT FULL.TIME CONSTRUCTION OBSERVATION LEGAL, FISCAL & ADMINISTRATION TOTAL ESTIMATED PROJECT COST 1,500 •NX) $ 697 $ 540 33'3 3,131 4,089 20320 " • -• 1;951 $ 21,082 • $-- :17;982 434 2,973 _ 63;985 6iR9.. 3' 2;150 -:7990 fs 1,450 ' 1"4;39-1 -i-,;20- . ':$ -88,,000 cost$ are ac-coitling to-:averitke prices received on .sieriaar jrjU in ailier'-aresS. 'The actual cot for this pro*. t 1.1eiernlined through-a-biddiriwproccss and can wiry -With niarlcst -condilions avihe- Choofthe bid. 'CITY. OF,JAKIC -ELMOOVIINNESOTA 2010 STR-1111;ET & WATER:QUALITYIMPROVEIVIENTSAMISIBILITY 'REPORT JANE.ROA D .N.qtr OlySTRUCTIO N 11CDA .PROilECTV11114504(J1111, ENGINEER'S IpTtEl ;1 MIN ARYXSTIMATEOF:Ca ST .RECONSTRUCTION'W/CONCRETLEURB- - LS -M.01.311..1ZATION $ 1;500 --- . -: • - 1 LS 'rRAFFIC . CONTROL 255 -LT - SILT.FENCE 2 EA INLET $ -400 310 :LF S/iWCUTBITUMINOUSTAVEMENT $ :930 2,582 -SY REMOVE -&-DISPOSE•orEXIST: BITUMINOUS PAVEMENA' $ 5,164 156 SY R MOVE ADISPOS E OF-EXLST. Bali MIN OTISPAVEMENTMRIVEWAY.S) $ 778 24 'LT REMOVE&DISPOSE °PBX -1ST. STORMSEWER - $ 192 2 ?A REMOVES DISPOSE OTEXIST....STORMIlytANTIOLE : ,-.$ . '700' ''• 679. Cr COMMON -EXCAVATION (-6.4:(1:,) - :- : ' . i 6785 .10 A.5 ___ SUBCOO.VDt4lOtiAliikii 034:0P-RECLAIMRD SURFACE,: - • -$ - 1,785' _ _ 916 .Cr PLACE i'.ic-CQM.PAGTRECLAIIs/PMATERIAL(.FROKOTH.E.RSITES)- OW) - - - $ '6,41.2 208 TN 2360:TyREILV-3 t3lTimrtiititt$,'NCINVVEARINadOtil3S-13, - - $ 1 l„656 • 2013 • •TN - ' --27.160-44PKIi/413ryutvITNIOUS,WEARING couks E -2 , - $ . 12;07 1;16 , :GAL _EITUMTNOUSMATERTAi.-TOR TACK:U.1AT- 291 1.56 . 'SY . 2."-2360 OU TYPE:I.:Wt.-BITUMINS WEAR COURSE;DRIVES 1,889' 459 LF SAW -i9,::.S.EAL. STREET:0 OINTERVALS) • -.$' 918 2,240 LF D412--CONCRETE CURE & GUTTER $ 22,400 24 IT .1:2". RCP STORM'SEWER PIPE - $ . 720 1 EA'''''''"41r*I'DIAMETERAMAN/FOLE;:TV-P.E.406S,40!--,:lirliEPTFIr.''''""'''''''''''''''''''.''''''''$'''''''''-'';'3'?°8°'"- 1 'EA --CATCITB:ASINAYPE-4.04 - ' - ' -- S- ' - ' '2,000 148 'Cl' TOPSOIL.BORROW ' '1779 889 'SYSODDTNG- IS .3;558 87,867 CONTINGENCIES-- _ EASEMENT -AND RIGHT-OTWAY. ACQUISITION S - -.MASI/III:11T REPORT :$ 2;002 , ENGINEERING DEW -NAND CONSTRUCTION SERVICH$ „ - $„ :-8-787 'CiEOTF,. CIT4ICAL BNOINil-NO 'S ' ' .1,45.0 —_,..._...„ ............ 'RESIDENT. FULI,T114-1E-CONSTRUCTION OE SERVAll ON ' ,LEOMJISCALh.. ADIVIINIS1 'It A...110N ... . . - • .1,757 . - . TOTAL ESTIMATEBFROJECT -COST 4 - '115,000' 'fhc emimated _costs, ire according to averago pricos meivccl ler projeats- In other tareay.. The Aetna 1 nosi5: ;for this proiect will he determined through ti bidding proness.and can vaty with market conditions aulic time of the bid. CITY' OF LA KE*ELMO, IVIINNESOTA .20113 STREET &"WATER-QUALITTIMPROVEMENTSCFEASIRILITYREPORT ISLE AVENUE NORM —RECLAIM TKDA PROJECT-NO.145044000 ENGINEER'S PRIKIArNARY ESTIMATE OF COST RECLAIM .STREET 'WCONCRETE-CURE r, , . ..,,,i. • , LS. .MOBILII,A1.10N . $ 1,500 - 1 •- • LS. - TRAFFIC CONTROL • ' • -- 300- ._ 371 LP- SILTFENCE $-- .3 EA. INLET:PRO.rCTION " $ :600 371 LP- SAWCUTBITUMINO US; PAVEMENT $ 1,113 190 SY REMOVH-&DISPOSEOF EXIST-BITUMINOUSTAVVMENT (DRIVEWAYS) $! soo 89 SY .,4111MOVE-A:DISPOSEOFEXIST. CONCRET.E.P.AVEMENT(DRIVEWAYS). $ '444 479.4 . SY SURGRADECORRECTION — $ 17,944 0;483 . -SY .RECLATM,ID.C..Brr....A.INiD:BASiiolikTERIAI:;;& CII DEPTH 7131 • • . ., ' . • 174 CY PIAUI; OtTEX-CESSWILLINOS(LV) ' ' ' -$. - ' - .. - L482. - 10 ',RS ',RA6DPREPARATIONOFRECLAIMEDSIIIIPACE 8 2,774 .514 - • TN .2360".TYPELVIBITLIMINOURNON-EWEA1tEsTaCOU.K8F, ' 514 TN 1160,TYPI3IN4 HITUMIN ()ITS 'WEARING -COURSE • ' . • $ 29;8.29 28-8 -ft-Ai ................................. POR. TA.CK,COAT. . . — . , - $' - - - 719 1,00 • :SY " - ' 2n;2360T.Y.P.E.IN4131TETIVENOLIS.WBAR COURSE,DRFVES -. - • S. ' - • - 2,500.. --- - •—..1,114 " LE' - ' S"A-W-:k.SEAL SIRES-1'440'i NTERVAISI „ ' ' : ':; ' -- - -,' . 5 ' ' - • 2,228- :89 .SY 6".'CONCREFEDIIIVE: ..._. , .- „,.„ _:.±.._ „.±. .. .. , . ,..S.„ 5,33.3 3,284 .LF, D42 CONCRETE CUR:RI: GUTTER 3 32,842 3 CY' 'CIA SS'IR11' RAP "W/GEOTE.XTFLE FAERIC -$ 270 ' .. —2, 0- Li'. LtrICIFORAIYING'- . ' - —' ': - ' ''. ' '-' '... - -- ------ ---: .----.-',--''''''.'''...:'' ''''''''"'..7.-:r.:::,t',,!--'. -,..---:%:.' l'• ;: -440 ' 200 :CY TOPSOILDORRCW . • . I . . - - - - 2,399 33 SY SEEDING,':FERTILIZER:,AND 'WOOD' FIBER. 5 150 1,199 ,SY SODDING .8 4,798 •-:$ 444;724 CONTINGENCIES EASEMENTAND RIGHT,OILWAY ACQUJSITION FEAS11311:1TY It13PORT ENGINE-ERINGDESION AND -CONSTRUCTION SERVICES GEOTECHNICAL ENGINEERING— RESIDENTFULL-71.1ME,CONSTRUCTION'O1SFRVATION LEGALFVf S CAL& "ADMINIST AT ION TOTAI,'INITIVIATED*PROlicc:7 COST 'S -,14;472 3,303 $ 14;472: '1,450 5 1196-0 2;894 —18.9,,(100 *Thc-cstimated costF nee: accorrlin to "'image pries received .nti imflar nrojects. :in other -areas, Tbri fc.nl cow: 'for tliis project will bc delerm I nal-through abiddiiig procen and .can ..vary 'will) market e iiditlon'at- the oftlie bid. CITY OF LAKE ELMO, MINNESOTA 2010 STREET & WATER QUALITY IMPROVEMENTS: FEASIBILITY REPORT 53RD STREET NORTH — RECLAIM TICDA PROJECT NO. 14504.(00 ENGINEER'S PRELIMINARY1KSTIMATE OF COST • RECLAIM STREET 'W/CONCRETE CURB 1 -LS _MOBILIZATION --"'*---- ' - --I ------ -LS ' TRAVElt.300'.00NTROL - - -,- - - . S . .. ._. 784 'LF SILT:FI3NCE 'S 1,959 .8 EA -1NLE',1' PROTECTION $ 1;600 440 iF SAWCUTBITLIMINOLTS PAVEMEN1' $ 1,320 Di 9. :SY REMOVE4DISPOSEGF EXIST."'EITUMINOUS-PAVEM ENT (DRIVEWAYS)" $ 944 -22 Sy REMOVE &DISPOSEOF EXIST. -CONCRETE PAVEMENT (DRIVEWAYS) S 111 -,,3 0 _ . ':LI: -REMOVE & .DISPOSE-OFEXIST,iSTORM SEWER ;s:, 240 - - 2 - - -EA ' RumoyE &DISPOSE OPEXIST.':STORMMANLIOLE - S - - 700 . .1;933 SY: --, :S LIFIGRADEZORRECTION : • '. .: ' 19;333 :41:0A50 - 'SY IIECLAIM MC...BIT, AND SASEMATER1ALS,14NCRDEPTE . :$ ' . . -11,495 -- 3 I R'S: ..S LOIGRADEP-REP-ARATION:OF.RECLAI MED:SURFACE ' ..-7-:- . ' ..: -__ B09 _. 'TN ..23.60ELV.3.131TIJIVENOOSNON-WEARINGODURSE .,1 4532.9 S09- . TN-- 2160 TYPEEV4131TUMINOUSWEARINO COURSE _._ ...... „ -,. -7, , A 6;947 453_,-GAL .. -BITUMINOUS MATERIALTORTACK GOAT . . , . . 1,132 .. .. 189 'SY..... ,2360 TYPE'LV4eBIT UM I NOUS WEAR-COURSE,DRIVES _ S .-4:322 2038 LF SAW& SEAL STREET(40' INTERVALS) S' 4;076 22 SY '6'' CONCRETE DRIVE 5 .1.333 .., ...-627.0,...... `IE.., .-D412--CONGRETE:CURB:&:=TER. _ , ,:., S,.,:_-__ :::.,-..' L'.6 .EA 'SAT..VAGE_ANDADJUST:CASIING . - ',$' ' -: .- - r''.24400 •30 :LF .12"IRCP-STORM :SEWER PIPE 1 :900 1 'Eh •48" DIAMETER MAN H 0 LE,TYPE,406-(0'-1.0'. DEPTI-1) 'S-. '2500 1 EA -CATC1i-BASIN, TYPE 404- -$ 1;800 .348 CY TOPSOIL BORROW ..$. 2090 ' 'SY • 'SODDING :$ - ' -8,360 3,135 El.* 'STRIPING '::$ :2;351 $ 238,827 " .CONTINGENCIES EASEMENT AND RIGHT-OF-WAY ACQUISITION FEASIBILITY REPORT _ _ENGINEERING- DESIGN AN p,..c ONST11ICTIONS33pncts GEOTECHNICAL ENGINEERING RESIDENT FULL-T1ME -CONSTRUCTION OBSERVATION LEGAL, FISCAL& ADMINISTRATION TOTAL ESTIMATED PROJEC I COST ' - $ 6,045 ' 23;883 1450 13,135 5 4,777 :312000 *The estimated costs are .iteenrding In average priemreceived un silnflllr projects in other areas. The4tetual costs Mr this project will be detenaincil through bidding pmccss And can vary willmarket conditions at the time. or the CITY OF LAKE 1 I MQ,=MINN•ESOTA T & WATER QUALITY 'IMPROVEMENTS: :FEASIBILITY .REPORT ` ,7T1-1i.STRE T NORTH —RECLAIM TKDA PROJECT NO. 14504,000 EN.CINEER!S`.PRELIMINARY ESTIMATE OF COST :ET W/CON C.RETE• .MOBILIZATION LS-'T TRAFFIC;CONTROE: 279 LF .:STLTT?ENGE 2 RA 1N LE1' PROTECTION„ I'80 LT 9AW.CCk:C' HTELIMI IOUS'PAvkiwi ANT 67 'SY RIIMOVE LL DISPOSE AP:EXTST:-BITLIMN OtJS'PAVEMENT (DRIVEWAYS) 333 'SY SUBGRAIL':CIQRRECIION 3,7.17 SY Ett- CLATM EL SIT. AND'BBASE MATERIA1 S; 81NCU:DEPTH -" 132 CY_ __HAUL OUT EXCESS MJLLIN_GS:{IN) 1:I :Rs_ " SU13 C]MADE 'PREPARATION.CW RECLAIMED SURFACE .288 TN. 2360•T:Y1'F;I:V RITUNIlNDUS'14UN-WRARTNGCOURSr•--- 2SyIt TN 23G0'T PIiI:V4;EiT•TUMINOUSWEA'1t1NC,:COURS'E BITUMINO.US :MATERfALFOR:. ACKC: COAT SY _.2"-2360 TYPE`LV4BrrUM1NO.US WEAR1COORSF;-DRIVES 725 " :I-F SAW 8:SEALS:IREE7':(40INTER:VA:E;, ';230 LF D412:CONCRETE_CURB-OkCOTTER I24 CY 1'OP..SGirL BORRGW'.. 743 SY 'SO➢DING ,1i5. LF 'STRIPING CONTINGENCIES EASEMENT ANI) RIoHT-OF-WA.Y ACQUISITION EfiNST1311:1TY REPORT BNQIIVEERINGDL'SION AND C O STRUCT1CJN: SERVICES :GEOTEC HNJCAL:ENGINEERING RESIDENT .1-4,ILLTIME'CONSTRiJCTION OBRERVA'CJON .LHC'AL, FISCAL,&-M MINISTRATION •'IY?TAL.-ESTl-1VIATF. i PROJECT COST ted costs;:arc.ucaortli ugh a bidding Process -snit can vary with, rttarket caoditiona auli s $ $ 1,500 .3.0'0 ;697 :400 -540 3,333 4;080 0 1;951 16,1:22 I6,69.7 :4.03 1;667 1,450 22;300 1,4117 2;973 836 :7%898 `7,990 $ 2;150 $ 70.90 i450 $ '4;394 1.,598 airertiye prices 'received on•.similabe CITY OE LAICEELMO,MINNESOTA 2010 STREET .& WATER QUALITY IMPROVEMENTS: FEASI IGIT:Y,REPOR'I' WATER:QUAC:I'IY IMPROVEMENTS-RAIN'GARDENS TI:DAPROJECT N O. 445044)0I0 ENGINEEIL'-S.H3{'ELIMINARV: STTMATE:OF:COST RAIN GARDEN :IMPLEMENTATION . - 1;440 'SF JANEROAD .5RAIN iGAWENS I,152 LS ISLE:AVENUE -4 RAIN GARDENS 2304:----:LF 53REISTREEU-BRAIN-GARDENS 1,152 EA 5.7TH STREET - 4 RAIN GARDL"N5 CONTINGENCIES EASEMENT -AND RIGHT-OFAVAY'ACQ JISITION ENGINEERING„ DESIGN AND: CONSTRUCTION -SERVICES -GEOTECHNICALEsNGWEERINCI.. _ LSGl1L; FESCAi:AA-AI7NINISTRATl(]N--.. .= TOTALI STIMATJ D:PROJEGT.COST -- "tTI -,dctermincd;:th -are according to avice�ge-griaes.receivec1 on similt7r; t jeets in P roc.ess..tiri vary wit lrtnarkelcondition sat:ftie:tir e.n'f I'm bid. 10;3(i& '20,736 1:0,30 :54,432 5;443 $�50U 1;450 - - 1;0B9 71,000 - JANE ROAD NORTH PRELIMINARY ASSESSMENT ROLL f; NO. 1 2 NAM THOMAS C SKALBECK RICHARD A & CATHERINE WEIL jUSTIN W DANA N gLayEk 4 PATRICK r MCALLISTER & DERVAL F HAYES MCALLISTER 5 MANFRED E gt AnIk5lititeFiERT 6 WILLIAM W & LOWELLA M STEVENSON 7 STEVEN R & SHALJN M COLLIER • 8 MARK A & 5I-EANNONGp H ELS 9 JOHN F & VIRGINIA SCHNEIDER 10 WILLIAM F & VALERIE B BRASS 11 JEFFREY P &JOAN M WIEDEN 12 SUZANNE & ROPERTIHORNINP. ; it , . , . [ L ADDRESS 8879 JANE ROAD N LAKE ELMO 8880 JANE ROAD N (AKE' ELMO 8881 JANE ROAD N LAKE ELMO 8883 ' JANE ROAD N LAKE ELMO 8884 JANE ROAD.N, LAKE ELMO 8895 8896 iN LKEEIMO 8903. JANE-ROAD N LAKE ELMO 8919. JAN E.ROAD,N LAKE ELMO 8940. • JANE!ROAD N LAKE ELMO 8955 JANE RoAp .N 'LAKE ELMO 8'991: IANEJOAt?.N, ' ;LAKT.EVV.(6 t PID UNITS • 55042 09029,21110023 1 55042 . 0902921110020 1 55042 'Y; '0902041000E1 55042 0902921110008 55042 0900411b002 JANE ROAD N. LAKE ELMO 55042. 0902921410009 55041 ;-! 0902924100.22 55042 0902921110010 1 55042 0902521110011 1 0902921400 55042 0902921110012 1 001921i10013 1 TOTAL 12 ISLE AVENUE NORTH PRELIMINARY ASSESSMENT ROLL NO. 1 2 3 4 5 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 111 & JEANNE TREPANIER PAUL & ANNE GELEIMANN JOHN & EUGENIA.CHERNY DANIEL R & SUZANNE A Si -ARKS KAREN M MAGILL THOMAS W & LINDA Ls Bbait: JAMES E & USA M CIHON CRAIG T &MAUREEN D FALZON E LAURA A EASTIVIAN & DEBRA K NELSON PH IUP & THERESA LYNN CRAMPTON MICHAELJ & SALLY E MUELLER MICHAELJ & SALLY E iVILIELLER (bEFERRED) MICHAELJ & SALLY E iVIUELLER (DEFERI1E6) THOMAS M & NiAkYJO.JASICKI, JAMES A & EILEEN H BLASKO ADDREt 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 LAKEELMO 55042 5055; ISLE AVENUE N I LAKE ELMO 55042 LSLE AVENUE NI ; LAKE ELMO 55042 50851 ISLE AVENUE N LAKE Elmo 55042 5121 ISLE AVENUE g . LAKE ELMO i 55042 5124 LEAVENUE N I LAKE ELMO 55042 5158, ISLE AVENUE fq LAKE ELMO 55042 5171 ISLE AVENUE N LAKE ELMO 55042 5200 ISLE AVENUE N LE tLMQ 55042 5200 ISLE AVENUE N !LAKE ELMO 55042 5221 ISLE AVENUE N LAKE ELMO 55042 5180 JAMACA AVENUE N I LAKE ELMO $1342. UNITS OP0292111P004 1 0902921110001 0402921440015 1 0402321440011 1 0402921440016 1 0402921440017 0402921440012 1 0402921440018 1 040292144p00 qztothimpo# 0402921449014 0402'921440020 1 0402921410001 0402921410001 1 0402921440001 2 0402921440021 1 0402921440008 , 1 !TOTAL 18 53RD STREET NORTH PRELIMINARY ASSESSMENT ROLL' NO. 1 JEROD & SUIJANC DREIS • 2 IV1ARY LOU KERAN :!. 3 DOUGLA5 RICHARD g4 KAREN PEPIN 4 STEVEN j & HEIFI MOELLEF 5 WILLIAM D & RAE ANN MICHEL 6 ROBERT E& REBECCA L KOHLER 7 GREGG A &JULIE A NIELSEN 8 TIMOTHY & CONSTANCE KERANI KIRBY R.84JULIE R SPIKE 10 ROGER :C & JERI L STODDARD 11 DARRELLJ &CONNIE M OMAN 12 EDWARD J &VIRGINAHILDEBRANT 13 ROBERT A &JOANNE F LEiyLoNOs 14 WILLIAM I 8A CHONG H WEINBERGER 15 GERARD T & DEBORAH M COONS 16 REXFORD K Si LYNN B CATTANACH 17 DANIELJ &JULIE L H61:(11\15 18 JOHN MELJWiSSEN • 19 BRUCE R & LEANN M KAUFENBERG 20, cI-IANG 1:IA4 KliVAERLY M CHO ppRs . . 9480 53rd STREET N , LAKE ELMO 55042 9535 '53rd STREET. N LAKEELMO 55042 9571 53rd STREET N LAKE ELMO- 55042 9580 51rd:STREET N- • LAKE ELMO . 55042 9605 53rd STREET N 9818 5rd STREET t\i -.LAKE ELMO 0044 9636 : 53RD STREET N _ 'JAKE ELMO 55042 98.65 53WSTRETNLAKEELMO 55042. 9670 i 53RD STREET NI •'•:, LAKE ELMO 55042 9710, 53RD STREET N LAKE ELMO 85042: 9715 .53RD ,t-rilEET 880.42., 9765 -53RD STREET N LAKE ELMO 55042 978 53RDSTRTN: LAKE ipv)p 55042 9805 . 8pD STREET N LAKE_ ELMO 55042 9834 53RD STREETN:, LAKE ELMO ,55042 9855 .53RD STREET NJ: LAKE ELMO .5.5042 -9890 -53RD. STREET, N • • LAKE ELMO 55042 9895 • 53RD STREET N LAKE ELNIO: 55042 9940 .-53RD STREET N, LAKE ELMO 55042 9945S3RD5TREETN LAKE,55042 • UNITS 02921_90o8 '1 - bga2.024200.1.4 0302921420013 : 1 0302921420008 0362511420012 0302921420007 0302921420006 0302921420011 0302921420005 030521.06004 Q302521420010 050292142.0009 1 0302921420003 1 0302521410010 :=2- 1 0302921410606 1 030/511410609 0802921440005 '1 030292140008 -1 03092141004 0302921410007 :TOTAL 20 5/1 H STREET NORTH PRELIMINARY ASSESSMENT R NO. NAME 1 BRADLEY L & MARCIA A BERGIE 2 GREGORYJ STEEI__E ' 3 ERIK E & DENISEJOSTES 4 JOHN E & PATRICIAJ JESKA; 5 JOHN H & LISA L BURBAN ADDR 9481 57TH STREET N LAKE ELMO 9543 57I H STREET N ' LAKE ELMO 9568 57TH STREET N LAKE ELMO 9605 S7TH STREET N : LAKE ELMO 9612 57THSTREET N ,LAKEELMO„ f42 5042 55042 042 55.04Z. PID 0302921130006. 0302921130007° 0302921130005' 0302921130008 ',03M2g211.30Q.04 - TOTAL UNITS LTX R, EP DECEM BER 7009 WATER QUAISI'Y '1i4PROVI PROIE_CT NQ_ 11564.009 LAKE ELMO, M NNESOTA LFG ND xxxx ASSESSABLE BEICHBORPOOD ASSESSABLE PROPERTY ASSESSABLE PROPERTY JANE ROAD NORTH EGENI SPORT 2©U9 6902921 4OO 2QIti &TREE St \V TL•R QU,AL PROJECT O. 14 ASSESSABLE PROPERTY ISLE AVENUE NORTH FREE & W ATEk QU,1L17Y iMPR PRaLcr O. 14504.0t0 L4 U ILMQ, A{tNNEPOTA LEGEND ASSESSABLE PROPER'!' ASSESSABLE, PROPERTY 53rd STREET NORTH ZDIO STREE J'ROJECJ NO. LAJ(L' J LMO,'hn\ LEGEND ASSESSA8LE NEIGHBORHOOD ASSESSABLE PROPERTY SeALE IN vu ASSESSABLE PROPERTY 57th STREET NORTH