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HomeMy WebLinkAbout06-15-2010 revised packetCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota June 15, 2010 — Revised (Items #9 & #1O) 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: 1. Approval of the June I, 2010 City Council minutes Approval of the June 8, 2010 Minutes from the Special Meeting of the City Council 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. ** 2010 Legislative: Hon. Julie Bunn, MN State Representative (56A) - Con Session Recap ** Hon. Kathy Saltzman, MN State Senator (56) - Invited CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. hems may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3, Designate Human Resource Committee and Assessment Policy Committee REGULAR AGENDA: 4. flufin Puff Proclamation 5. Presentation and Acceptance of the 2009 Audit and Financial Report 6. Rosalie Wahl Library — Resolution 7. Municipal State Aid Revision - Resolution Nos. 2010-028. 2010-029 K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council — Malmquist proposal Administrator • City Engineer • Planning Director L. Adjourn to a Closed Meeting RE: Legal Issues and Strategies relating to continued existence and management of contaminated potable water (Minn, Stat. 13D.05, subd. 3 (h). governing Attorney -Client Privilege) 8. Executive Session Re: Discussion of Legal Issues and Strategies relating to continued existence and management of contaminated potable water M. Time -Sensitive Agenda Items — Added for Council consideration due to impending end -of -month delay between regular City Council Meetings. Recommended lin- inclusion as part of Consent Agenda. 9. AGREEMENT FOR SERVICES between the City of Oakdale and City of Lake Elmo for V eh lc repairs/maintenance. 10. Contract and purchase approval for a "Qwest 911 ALI Database Extract - **A social gathering may or may not be held at the Lake Elmo Inn following the meeting** DRAFT City of Lake Elmo City Council Meeting Minutes June I, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Smith and Park Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney Snyder, Planning Director Klatt, Finance Director Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA MOTION: Council Member Park moved to approve the June 1, 2010 City Council agenda, as amended (Add: #8 agenda items to the consent agenda). Council Member Smith seconded the motion. The motion passed 5-0. GROUND RULES: APPROVED MINUTES: The May18, 2010 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent Agenda. Council Member Smith seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $94,198.57 Approve Resolution No. 2010-027 accepting the bids and awarding a contract for the 2010 street an water quality improvements per the engineers letter of recommendation for the award of the contract to T.A. Schifsky & Sons Inc. in the amount of $435,565.41 Award a Construction contract to ModSpace in the amount of $7,620.00 and to Capra Utilities in the amount of $11,675.00 for the City Hall Annex Improvements Authorize American Engineering Testing, Inc. to perform Geotechnical Services for the proposed drainage improvements to Lions Park in the amount of $2,100.00 LAKE ELMO CITY COUNCIL JLTNE 1, 2010 REGULAR AGENDA: Thank you from Fire Relief Association District Chief Brad Winkels, Fire Relief Association, thanked the City Council for the show of financial and public support with their recent $1,000 donation. Conditional employment offer to probationary firefighter to Amanda Hair, Robin Goodspeed, Tony Frenier and Justin Johnson MOTION: Council Member Emmons moved to offer Amanda Haire, Robin Goodspeed, Tony Frenier and Justin Johnson employment with the City of Lake Elmo as probationary firefighters, contingent upon their passing physical and psychological screenings. Council Member DeLapp seconded the motion. The motion passed 5-0. Consideration of an application for a variance from the 150 foot OHWL setback in the shoreland district to allow the construction of an attached garage with living space above at 11950 21st Street —Added to Consent Agenda The Council was being asked to consider a request from Richard Heath to tear down an existing garage and build a new attached garage wit living space about at 11950 21st Street N. The proposed building will be attached to the existing home and is intended to replace an existing attached garage on the site for which a variance was granted in 1981. The new building would be located 35 feet from the OHW of Downs Lake where a 150 foot structure setback is required. The Planning Commission and staff determined al criteria were met. MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-026 approving a variance from the required setback from the ordinary high water line ofDowns Lake at 11905 2P Street N. Council Member Smith seconded the motion. The motion passed 5-0. Municipal Separate Storm Sewer System (MS4) Permit Program — Annual public meeting and accept the 2009 MS4 annual report Ryan Stempski, Assistant City Engineer, reported the City Council is being asked to conduct the Municipal Separate Storm Sewer System (MS4) permit program Public Annual meeting and accept the 2009 MS4 Annual Report. In accordance with the City's permit, the 2009 MS4 Annual Report must be submitted to the MPCA by June 30, 2010. Mayor Johnston opened up the public meeting and there was no one to speak for or against the report. A copy of the report can be found on the City website. MOTION: Council Member Smith moved to accept the Municipal Separate Sewer System (MS4) Annual Report for 2009, and authorize staff to submit this report to the MPCA by June 30, 2010. Council Member .Park seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL JUNE 1, 2010 2 Comprehensive Plan Amendment for Senior Living and Farm School Project at 9434 Stillwater Blvd. N. Kyle Klatt, Planning Director, reported per City Council direction from its May 18th 2010 meeting and following its May 25th, 2010 workshop, resubmitted for Council consideration is a proposed Comprehensive Plan Amendment, requested by Tammy Malmquist, 8549 Ironwood Trail N. The City Council is being asked to consider a Comprehensive Plan Amendment and the Future Land Use Map to change the future use of the applicant's 30.9 acre parcel from RAD Rural Agriculture Density (.45 dwelling units per acre) to RAD2 Rural Agricultural Density/2 (2 dwelling units per acre). The applicant has requested a transfer of some density from an existing RAD2 area located west of the applicant's site along Stillwater Boulevard to the project site. Kathy Sedro, 8916 35th Street N., questioned the PUD process and the probability of the City having to purchase a new fire truck to reach three story building. Council Member Emmons presented the applicants response to the 15 Council Questions. Council discussion followed. Council Member Emmons provided an amended Resolution 2010-017 approving the Comp Plan Amendment contingent upon specific criteria being met by the applicant. MOTION: Council Member Smith moved to approve Resolution No. 2010-017, as amended, amending the City of Lake Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission. Council Member Park seconded the motion. The motion passed 4-1 (Council Member DeLapp voting against the motion). OP Ordinance Overlay District Zoning Amendment related to a Farm School and Senior Living Project at 9434 Stillwater Blvd. N. Kyle Klatt, Planning Director, reported the City Council was asked to review a proposed amendment to the Lake Elmo City Code creating a new overlay district that would allow higher density development within the context of an OP Open Space Preservation project. This ordinance was drafted in accordance with the Planning Commission's decisions on May 10th, 2010 to pursue an alternative to the Zoning Amendment originally proposed by staff and the applicant, Tammy Malmquist, relating to a senior living/farm school development proposal. The Council asked that several issues be addressed: 1, Change of building height to 35 ft. for two story building, 2. Required buffer zones, and 3. School age programs at school. These issues will be dealt with through the Planned Unit Development process, LAKE ELMO CITY COUNCIL JUNE 1, 2010 MOTION: Council Member Smith moved to adopt Ordinance 08-025, as amended, creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District and Resolution No. 2010-024 authorizing summary publication of this ordinance. Council Member Park seconded the motion. The motion passed 5-0. The Council adjourned the meeting at 10:20 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL JUNE 1, 2010 4 City of Lake Elmo City Council Meeting Minutes Special Meeting — June 8th, 2010 Mayor Johnston called the Special Meeting to order at 6:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons (arrived 6:10 p.m.), Smith and Park Also Present: City Staff: Administrator Messelt, Attorney Snyder, Planning Director Klatt, and Finance Director Bouthilet. Outside Counsel: John Baker, Jennie Gaspine- Pines, SPECIAL MEETING: MOTION: Council Member Smith moved to adjourn the Special Meeting to a Closed Meeting to discuss legal issues and strategies relating to pending legislation (Bergmann et al v. City of Lake Elmo), pursuant to Minn, Stat. § 13D. 05, subd. 3 (b), governing Attorney -Client Privilege. Council Member Park seconded the motion. The motion passed 3-0, CLOSED MEETING: MOTION: Council Member Park moved to adjourn the Closed Meeting and return to the Special Meeting, Council Member Emmons seconded the motion. The motion passed 4-0, SPECIAL MEETING: MOTION: Council Member Smith moved to adjourn the Special Meeting and convene the City Council Workshop. Council Member Park seconded the motion. The motion passed 4-0. The Council adjourned the Special Meeting at 7:15 p.m. LAKE ELMO CITY COUNCIL MINUTES June 8, 2010 AYOR & COUNCIL COMMUNICATION DATE: 6/15/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 156,267.61 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of $ 156,267.61. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a surnmary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. PCIttlin ACH ACH DD 2796 —DD 2810 35694 — 35704 35705 — 35706 35707 — 35758 35759 Amount‘" Desetiption - '- 8,321.62 Payroll Taxes to IRS 06/03/2010 1,214.25 Payroll Taxes to MN Dept. of Revenue 06/03/2010 21,395.66 Payroll Dated 06/03/2010 (Direct Deposit) 25,814.30 Payroll Dated 06/03/2010 19,000.00 75,275.78 5,250.00 TOTAL 45626761 Voided Check & Landscape Architecture Inc, Accounts Payable Dated 06/15/2010 Emergency Communication Network Inc. . -- -- page 1 -- City Council Meeting Approval of Disbursements and Piyro1I June 15th, 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 ofS 156,267.61. 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 June 1st, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 06/15/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff ......... ..... ........... ..... ......... ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion ....... ............. ....... ............ ....... ...... .............. Mayor Facilitates -- page 2 -- Accounts Payable To Be Paid Proof List User. Administrator Printed: 06/10/2010 - 12:12 PM Batch: 004-06-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ABDO Abdo Eick & Meyers, LLP 265521 05/31/2010 13,000.00 0.00 06/15/2010 Audit Services Partial 2009 Financials No 0000 101-410-1520-43010 Audit Services 265521 Total: 13,000.00 ABDO Total: 13,000.00 ACS Animal Control Services 647 05/31/2010 683.00 0.00 06/15/2010 Patrol Services Only 4/26 - 5/23 No 0000 101-420-2700-43150 Contract Services 647 Total: 683.00 657 06/07/2010 287.00 0.00 06/15/2010 Animal Control Serices 4/26 - 5/23 No 0000 101-420-2700-43150 Contract Services 657 Total: 287.00 ACS Total: 970.00 AMFLAG American Flagpole & Flag Corp 88525 05/27/2010 106.66 0.00 06/15/2010 Replacement Flags Station 1 & 2 - No 0000 101-420-2220-44010 Repairs/Maint Bldg 88525 Total: 106.66 AMFLAG Total: 106.66 ARAM Aramark, Inc. 629-6992184 05/13/2010 22.97 0.00 06/15/2010 Uniforms - No 0000 101-430-3100-44170 Uniforms 629-6992184 Total: 22.97 629-7001760 05/27/2010 22.97 0.00 06/15/2010 Uniforms - No 0000 101-430-3100 14170 Uniforms 629-7001760 Total: 22.97 629-7003567 05/31/2010 81.45 0.00 06/15/2010 Linen City Hall Annex - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7003567 Total: 81.45 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 1 Invoice # Inv Date 629-7006573 06/03/2010 101-430-3100-44010 Repairs/Maint Bldg 629-7006573 Total: 629-7006574 06/03/2010 101-430-3100 /1170 Uniforms 629-7006574 Total: ARAM Total: BIFFS Biffs Inc. W406828 06/02/2010 101-450-5200-44120 Rentals - Buildings W406828 Total: W406829 06/02/2010 101-450-5200-44120 Rentals - Buildings W406829 Total: W406830 06/02/2010 101-450-5200-44120 Rentals - Buildings W406830 Total: W406831 06/02/2010 101-450-5200-44120 Rentals - Buildings W406831 Total: W406832 06/02/2010 I 01-450-5200-44120 Rentals - Buildings W406832 Total: W406833 06/02/2010 101-450-5200 44120 Rentals - Buildings W406833 Total: W406834 06/02/2010 101-450-5200-44120 Rentals - Buildings W406834 Total: W406835 06/02/2010 101-450-5200-44120 Rentals - Buildings W406835 Total: W406836 06/02/2010 101-450-5200-44120 Rentals - Buildings W406836 Total: W406837 06/02/2010 101-450-5200-44120 Rentals - Buildings W406837 Total: BUTS Total: BURBBLAC Burberl Black Dirt, Inc. 12653 06/03/2010 101-430-3125-42250 Landscaping Materials AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Amount Quantity Pmt Date Description Reference 61.56 0.00 06/15/2010 Mats & Soap 61.56 22.97 0.00 06/15/2010 Uniforms 22.97 211.92 61.29 0.00 06/15/2010 Portable Restrooms - Sunfish Lake Park 61.29 122.57 0.00 06/15/2010 Portable Restrooms - Lions Park 122.57 61.29 0.00 06/15/2010 Portable Restrooms - VFW Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Demontreville Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Reid Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Tablyn Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Pebble Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Stonegate Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Carriage Park 61.29 61.29 0.00 06/15/2010 Portable Restrooms - Ridge Park 61.29 674.18 64.13 0.00 06/15/2010 Black Dirt Task Type PO # Close POLine # .11 No No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLlne # 12653 Total: 64.13 BURBBLAC Total: 64.13 C&J CONS C & J Consulting Services, LLP 05-2010 06/02/2010 1,075.00 0.00 06/15/2010 Monthly Accounting Services - May 101-410-1520-43150 Contract Services 2010 05-2010 Total: 1,075.00 C&J CONS Total: 1,075.00 CARQUEST Car Quest Auto Parts 2055-190046 05/25/2010 14.97 0.00 06/15/2010 Fuse & Trailer Connection 98-1 101-430-3120-42210 Equipment Parts 2055-190046 Total: 14.97 CARQUEST Total: 14.97 CENCOLLE Century College '00373083 06/02/2010 306.62 0.00 06/15/2010 Firefighter II Training - Witter 101-420-2220 11370 Conferences & Training '00373083 Total: 306.62 CENCOLLE Total: 306.62 No 0000 No 0000 No 0000 COMCAST COMCAST 877210535000891 05/27/2010 7.89 0.00 06/15/2010 Monthly Service No 0000 101-420-2220-44300 Miscellaneous 877210535000891 Total: 7.89 COMCAST Total: 7.89 COMPENSA Compensation Consultants, Ltd 05/27/2010 05/27/2010 40.00 0.00 06/15/2010 Monthly Admin ree - June 2010 No 0000 101-410-1320-44300 Miscellaneous 05/27/2010 Total: 40.00 COMPENSA Total: 40.00 CTYBAY City of Bayport WM2010-5 05/26/2010 118.25 0.00 06/15/2010 Bldg Inspector Services No 0000 101-420-2400-43150 Inspector Contract Services WM2010-5 Total: 118.25 CTYBAY Total: 118.25 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 3 Invoice # Inv Date CTYBLOOM City of Bloomington 05012010 05/31/2010 601-494-9400-42270 Utility System Maintenance 05012010 Total: CTYBLOOM Total: CTYROSEV City of Roseville 0010798 06/01/2010 101-410-1450-43180 Information Technology/Web 0010798 Total: CTYROSEV Total: ECKBERG Eckberg Larners Briggs Wolff 05-10 05/31/2010 101-420-2150-43045 Attorney Criminal 05-10 Total: 104411 05/31/2010 203-490-9070-43040 Legal Services 104411 05/31/2010 101-410-1320-43040 Legal Services 104411 Total: ECKBERG Total: EMMONS A Emmons Alex 6-1-2010 06/10/2010 101-410-1450-43620 Cable Operations 6-1-2010 Total: 6-8-10 06/08/2010 101-410-1450-43620 Cable Operations 6-8-10 Total: EMMONS A Total: GRUBER Gruber's Power Equipment 82469 06/01/2010 101-450-5200-42210 Equipment Parts 82469 Total: GRUBER Total: KDV Kern DeWenter Viere Ltd 111369 05/27/2010 101-410-1520-43150 Contract Services AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Amount Quantity Pmt Date Description Reference 50.00 50.00 50.00 1,551.58 1,551.58 1,551.58 3,911.40 3,911.40 1,456.00 7,313.00 8,769.00 12,680.40 55.00 55.00 41.25 41.25 96.25 8.21 8.21 0.00 06/15/2010 Lab Bacteria Tests - May 0.00 06/15/2010 Monthly IT Services - June 2010 0.00 06/15/2010 Legal Services -Criminal 0.00 06/15/2010 Legal Services - Development 0.00 06/15/2010 Le al Services - Civil 0.00 06/15/2010 Operator City Council Meeting 6/1/2010 0.00 06/15/2010 Cable Opr. Council Workshop 6/8/10 0.00 06/15/2010 Spring Extension 4,536.00 0.00 06/15/2010 Financial Services - May 2010 Task Type PO # Close POLine # No No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 Invoice # Inv Date 111369 Total: KDV Total: Amount Quantity Putt Date Description Reference 4,536.00 4,536.00 Task Type PO # Close POLine # LANG Lang 13uilders, Inc Chk Req 06/08/2010 2,000.00 0.00 06/15/2010 Escrow Return 10010 Tapestry Permit No 0000 803-000-0000-22900 Deposits Payable 6928 Chk Req Total: 2,000.00 LANG Total: 2,000.00 LEOIL Lake Elmo Oil, Inc. B01203 05/31/2010 101-430-3120-42120 Fuel, Oil and Fluids B01203 Total: S01203 05/31/2010 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total: LEOIL Total: Lillie Newspapers Inc. Lillie Suburban 007148 05/31/2010 101-410-1320-43510 Legal Publishing 007148 Total: Lillie Total: 3,688.14 0.00 06/15/2010 Fuel No 0000 3,688.14 624.78 0.00 06/15/2010 Fuel - Fire Dept. No 0000 624,78 4,312.92 89.93 0.00 06/15/2010 LegalNotices No 0000 89.93 89.93 LKBLDG Lake Elmo Builders Chk Req 06/07/2010 1,500.00 0.00 06/15/2010 Escrow Return 2119 Lake Elmo Ave - No 0000 803-000-0000-22900 Deposits Payable 6454 Chk Req Total: 1,500.00 LKBLDG Total: 1,500.00 LOFF Loffler Companies, Inc. 1131013 06/04/2010 237.82 0.00 06/15/2010 Copy Machines I3ase & Overages - - No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt June 10 1131013 Total: 237.82 LOFF Total: 237.82 MCFOA MCFOA 05/25/10 05/25/2010 35.00 0.00 06/15/2010 Yearly Membership Dues 101-410-1320-44330 Dues & Subscriptions 05/25/10 Total: 35.00 No 0000 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference MCFOA Total: 35.00 METCOU Metropolitan Council 0000933301 06/02/2010 1,374.96 0.00 06/15/2010 Monthly Wastewater Services -July 10 602-495-9450-43820 Sewer Utility - Met Council '0000933301 Total: 1,374.96 METCOU Total: 1,374.96 Task Type PO # Close POLine # No 0000 MFRA McCombs Frank Roos Assoc Inc. 66933 06/01/2010 432.00 0.00 06/15/2010 Planning Services - May 2010 No 0000 101-410-1910-43150 Contract Services 66933 Total: 432.00 MFRA Total: 432.00 MILLEREX Miller Excavating, Inc. 14812 06/02/2010 927.00 0.00 06/15/2010 Grade Gravel Roads 101-430-3120-43150 Contract Services 14812 Total: 927.00 MILLEREX Total: 927.00 MNPLAYGR Minnesota Playground Inc. 2010056 04/29/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 2010056 Total: MNPLAYGR Total: 123.06 0.00 06/15/2010 Tax on previous invoice for wood fiber 123.06 123.06 MSFCB MN Fire Service Cert. Board 483 06/06/2010 70.00 0.00 06/15/2010 Fire Fighter 1 Test 101-420-2220-44370 Conferences & Training 483 Total: 70.00 MSFCB Total: 70.00 NORCOUN North Country Custom Home Chk Req 06/07/2010 803-000-0000-22900 Deposits Payable Chk Req Total: NORCOUN Total: AP - To Be Paid Proof List (06/10/10 - 12:12 PM) 2,000.00 0.00 06/15/2010 Escrow Transfer 10042 Tapestry Perm.7139 2,000.00 2,000.00 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference NORTHL Northland Trust Services, Inc. LKELO9B 06/01/2010 11,093.75 0.00 06/15/2010 GO Improvement Bond Series 2009B 316-470-7000-46110 Bond Interest Interes LKELO9B Total: 11,093.75 NORTHL Total: 11,093.75 Task Type PO # Close POLine # 0000 NORTHTOO HSBC Business Solutions 0561029740 05/26/2010 1,446.18 0.00 06/15/2010 Pump - No 0000 603-496-9500-42400 Small Tools & Minor Equipment 0561029740 Total: 1,446.18 0562003379 05/26/2010 3 LO4 0.00 06/15/2010 Pump Fittings - No 0000 603-496-9500-42400 Small Tools & Minor Equipment 0562003379 Total: 31.04 NORTHT00 Total: 1,477.22 NORTHWOO Northwood Power Equipment 70066 06/01/2010 12.69 - 0.00 06/15/2010 Fuel Line Clamp & Filter No 0000 603-496-9500 11030 Repairs/Maint Not Bldg 70066 Total: 12.69 77003 05/28/2010 14.94 0.00 06/15/2010 Gasket Filter for Water Pump No 0000 603-496-9500-44030 Repairs/Maint Not Bldg 77003 Total: 14.94 NORTHWOO Total: 27.63 NOSTAR ASTLEFORD International T200418 06/01/2010 37.64 0.00 06/15/2010 Replacement Light Switch for LI - No 0000 101-420-2220-44040 Repairs/Maint Eqpt T200418 Total: 37.64 T200692 06/04/2010 3.44 0.00 06/15/2010 Connector - No 0000 101-420-2220-44040 Repairs/Maint Eqpt T200692 Total: 3.44 NOSTAR Total: 41_08 ONECALL One Call Concepts, Inc Gopher Stat 0050625 05/31/2010 211.70 0.00 06/15/2010 Line Locates May 2010 No 0000 101-430-3100-43150 Contract Services 0050625 Total: 211.70 ONECALL Total: 211.70 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 7 Invoice # Inv Date PLANTH PLANT HEALTH ASSOCIATES, INC 1007-10 06/08/2010 101-430-3250-43150 Contract Services 1007-10 Total: PLANTH Total: PLUNKEI'I Plunkett's Pest Control 1732756 06/01/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 1732756 Total: PLUNKE11 Total: RIVRCOOP River Country Cooperative 141352 05/31/2010 101-420-2220-42120 Fuel, Oil and Fluids 141352 Total: 14402 06/02/2010 101-420-2220-42120 Fuel, Oil and Fluids 14402 Total: RIVRCOOP Total: ROGERS Rogers Printing Services, Corp 17165 06/04/2010 101-430-3200-43090 Newsletter 17165 Total: ROGERS Total: RUD Prince-Rud Diane 61379 06/07/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 61379 06/07/2010 I 01-420-2220-44010 Repairs/Maint Bldg 61379 Total: RIJD Total: SAMSCLUB Sam's Club 2158 06/04/2010 101-420-2220-42400 Small Tools & Equipment 2158 06/04/2010 101-420-2220-44370 Conferences & Training 2158 Total: AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 1,296.00 0.00 06/15/2010 Forester Services - May 2010 1,296.00 1,296.00 80.16 0.00 06/15/2010 Pest control Services - City Hall 80.16 80.16 167.08 0.00 06/15/2010 Fuel Fire Dept. 167.08 40.92 0.00 06/15/2010 Fuel Bldg Dept. 40.92 208.00 351.62 0.00 06/15/2010 Clean-up Daay Flyer 351.62 351.62 620.00 0.00 06/15/2010 Cleaning City Hall, Windows & Blinds 240.00 0.00 06/15/2010 Cleaning Fire Hall 860.00 860.00 37.74 0..00 06/15/2010 Airpots Rehab 98.58 0.00 06/15/2010 Supplies for Training Burn - Refreshments 136.32 No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 8 Invoice # Inv Date SAMSCLUB Total: SCHWAAB Schwaab, Inc. A16674 06/01/2010 101-410-1320-42000 Office Supplies A16674 Total: SCHWAAB Total: SENSUS SENSUS USA ZA11002176 05/24/2010 601 -494-9400-43180 Software Support ZA11002176 Total: SENSUS Total: STILLMED Stillwater Medical Group 05/22/2010 05/22/2010 101-420-2220-43050 Physicals 05/22/2010 Total: STILLMED TASCH TA Schifsky & Sons Inc 49313 05/27/2010 101-430-3120-42240 Street Maintenance Materials 49313 Total: TASCH Total: TDS TDS METROCOM - LLC 6517798882 06/10/2010 101-420-2220-43210 Telephone 6517798882 06/10/2010 101-430-3100-43210 Telephone 6517798882 06/10/2010 602-495-9450-43210 Telephone 6517798882 06/10/2010 601-494-9400-43210 Telephone 6517798882 Total: TDS Total: Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 136.32 48.19 48.19 48.19 1,320.00 1,320.00 1,320.00 198.00 198.00 198.00 396.98 396.98 396.98 164.00 155.46 104.76 42.24 466.46 466.46 0.00 06/15/2010 Lake Elmo Address Stamp 0.00 06/15/2010 Annual Water Reader Porgram Support - 0.00 06/15/2010 Preplacement/Annual Physicals Hep B Vac 0.00 06/15/2010 Asphalt 0.00 06/15/2010 0.00 06/15/2010 0.00 06/15/2010 0.00 06/15/2010 Analog Lines - Fire Analog Lines - Public Works Analog Lines - Lift Stations Alarms Analog Lines - Well House 2 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 9 Invoice # Inv Date US BANK US BANK 33402400 06/01/2010 312-480-8000-46110 Bond Interest 33402400 Total: US BANK Total: USPOST United States Postal Service CHK REQ 06/07/2010 101-410-1320-43090 Newsletter/Website CHK REQ Total: USPOST Total: WAS -LAND Washington County Surveyor 1009607 06/02/2010 101-410-1910-44300 Miscellaneous 1009607 Total: WAS -LAND Total: WASHTAX Washington County 1752 05/31/2010 101-410-1940-44300 Miscellaneous 1752 Total: WASHTAX Total: XCEL Xcel Energy 51-4504807-7 101-450-5200-43810 51-4504807-7 602-495-9450-43810 51-4504807-7 101-430-3160-43810 51-4576456-3 101-420-2220-43810 51-4580376-5 101-410-1940-43810 51-4580376-5 101-430-3160-43810 51-4733556-8 101-450-5200-43810 06/08/2010 Electric Utility 06/08/2010 Electric Utility 06/08/2010 Street Lighting 51-4504807-7 Total: 06/02/2010 Electric Utility 51-4576456-3 Total: 06/02/2010 Electric Utility 06/02/2010 Street Lighting 51-4580376-5 Total: 06/02/2010 Electric Utility AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 1,820.00 0.00 06/15/2010 13 ond Interest 1,820.00 1,820,00 500.00 0.00 06/15/2010 Postage for Clean-up Day Flier 500.00 500.00 10.69 0.00 06/15/2010 Easement Documents 10.69 10.69 108.00 0.00 06/15/2010 Documents & Copies 108.00 108.00 153.62 0.00 06/1.5/2010 Lights at Legion Park 72.31 0.00 06/15/2010 Hudson Blvd Lill Station 27.76 0.00 06/15/2010 Street Lights -Inwood Ave 253.69 220.15 0.00 06/15/2010 Fire Station 2 220.15 490_77 0.00 06/15/2010 City Hall 24.89 0.00 06/15/2010 Traffic Lights 515.66 10.26 0.00 06/15/2010 Tennis Courts No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # 51-5044219-0 101-450-5200-43810 51-5275289-3 101-450-5200-43810 51-5356323-8 601-494-9400-43810 51-5522332-2 101-430-3160-43810 51-5747685-4 101-450-5200-43810 51-5916043-7 602-495-9450-43810 51-6429583-8 602-495-9450-43810 51-6433976-2 101-420-2220-43810 51-6625457-1 101-450-5200-43810 51-6736544-2 101-430-3160-43810 51-6928283-3 101-430-316043810 51-6956201-4 101-450-5200-43810 51-7538112-1 101-430-3100-43810 51-8126093-5 601494-9400-43810 51-8711719-3 101-430-3160-43810 Inv Date 51-4733556-8 Total: 06/02/2010 Electric Utility 51-5044219-0 Total: 06/02/2010 Electric Utility 51-5275289-3 Total: 06/09/2010 Electric Utility 51-5356323-8 Total: 06/02/2010 Street Lighting 51-5522332-2 Total: 06/02/2010 Electric Utility 51-5747685-4 Total: 06/02/2010 Electric Utility 51-5916043-7 Total: 06/02/2010 Electric Utility 51-6429583-8 Total: 06/02/2010 Electric Utility 51-6433976-2 Total: 06/02/2010 Electric Utility 5 1-6625457-1 Total: 06/08/2010 Street Lighting 51-6736544-2 Total: 06/02/2010 Street Lighting 51-6928283-3 Total: 06/02/2010 Electric Utility 51-6956201-4 Total: 06/02/2010 Electric Utility 51-7538112-1 Total: 06/02/2010 Electric Utility 51-8126093-5 Total: 06/02/2010 Street Lighting Amount Quantity Pmt Date Description Reference 10.26 51.75 0.00 06/15/2010 Parks Building 51.75 13.92 0.00 06/15/2010 Pebble Park 13.92 1,566.70 0.00 06/15/2010 Wells 1 & 2 1,566.70 34.79 0.00 06/15/2010 Traffic Lights 34.79 90.68 0.00 06/15/2010 Arts Center 90.68 16.40 0.00 06/15/2010 Lift Station 16.40 14.61 0.00 06/15/2010 Lift Station 14.61 225.66 0.00 06/15/2010 Fire Station 1 225.66 46.32 0.00 06/15/2010 Legion Park 46.32 1,736.68 0.00 06/15/2010 City Wide Street Lights 1,736.68 26.42 0.00 06/15/2010 Traffic Lights 26.42 412.61 0.00 06/15/2010 VFW Ballfields 412.61 580.08 0.00 06/15/2010 Public Works 580.08 17.99 0.00 06/15/2010 Water Tower 2 17.99 10.17 0_00 06/15/2010 Speed Sign Hwy 5 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Page 11 Invoice # Inv Date Amount Quantity Peat Date Description Reference 51-8711719-3 Total: 10.17 XCEL Total: 5,844.54 YOCUM Yocum Oil Company, Inc. 188174 05/31/2010 160.69 0.00 06/15/2010 Bulk Oil Tanks 101-430-3100-44010 Repairs/Maint Bldg 188174 Total: 160.69 YOCUM Total: 160.69 Report Total: 75,271.78 AP - To Be Paid Proof List (06/10/10 - 12:12 PM) Task Type PO # Close POLine # No 0000 Page 12 Accounts Payable To Be Paid Proof List User: Administrator Printed: 06/11/2010 - 8:50 AM Batch: 005-06-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ECN Networks, Inc. Emergency Communica 8699 04/13/2010 5,250.00 0.00 06/15/2010 Code Red Services No 0000 101-420-2220-44300 Miscellaneous 8699 Total: 5,250.00 ECN Total: 5,250.00 Report Total: 5,250.00 AP - To Be Paid Proof List (06/11/10 - 8:50 AM) Page 1 C(1Y OF LAKE ELMO MAYOR & COUNCIL,0 UNIC.ATION DATE: 6/15/2010 CONSENT ITEM #: 3 MOTION as part of Consent Agenda AGENDA ITEM: Establishing Human Resource and Assessment Sub -Committees SUBMITTED BY: Mayor and City Council THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Tom Bouthil et, Finance Director Jack Griffin, City Engineer Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: This item has been scheduled at the request of the Mayor and City Council in order to facilitate the City Council establishing a standing Personnel/Human Resources Sub -Committee and an hoc Assessment Policy Sub -Committee. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In February, 2010, the City Council discussed as part of its Strategic Planning effort the formation of an ad hoc sub -Committee to review the City's current Assessment Policy. In addition, discussion took place regarding the need to update current City Human Resource policies and procedures and potentially update the current classification and compensation system. Both of these items are listed in the draft 2010 Workplan for the City Council and its staff. On June 8th, the City Council discussed this topic and directed City staff to prepare tonight's motion to form a standing Personnel/Human Resources Sub -Committee and an ad hoc Assessment Policy Sub -Committee. As per the City Council, the proposed Council assignments to these committees would be as follows: Current Active sub -Committees: Budget/Finance: Council Members Smith & Emmons Water Contamination: Mayor Johnston & Council Member Emmons Proposed Additional Sub -Committees: Personnel/Human Resources: Council Member Smith & Mayor Johnston Assessment Policy: Council Members Park & DeLapp -- page 1 -- City Council Meeting Establishing Human Resource and Assessment Sub-Conunittees June 15th, 2010 Consent Agenda Item #3 STAFF REPORT: City staff recommends the City Council form an ad hoc sub -Committee to work with the City Engineer and other staff in evaluating the City's current assessment policies. It would be suggested that the work of this sub -Committee be completed in time for full Council consideration of any potential changes prior to the beginning of the 2011 street project planning effort. Similarly, it is suggested that the Council form a standing Personnel/Human Resources sub - Committee to assist the City Administrator and Finance/Human Resources Director in evaluating and updating the City's personnel policies and procedures and in addressing issues related to appropriate classification and compensation. It would be suggested that the work of this sub -Committee be initiated in time to support City staff and the Budget/Finance sub -Committee in preparation of the proposed 2011 Annual Budget. RECOMMENDATION: It is recommended the City Council establish a standing Personnel/Human Resources Sub -Committee and an ad hoc Assessment Policy Sub -Committee as part of the overall approval of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate this recommendation prior to taking action. The Council may table this item at its discretion, take no action (in essence denying the recommendation), or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to establish a City Council Sub -Committee for Personnel/Human Resources and an Ad Hoc Sub -Committee for Review of Current Assessment Policies, las amended at tonight's meeting]." ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (ifremoved from the Consent Agenda): Questions from Council to Staff Mayor Facilitates Call for Motion ...... ........ ............., ...... , ..... ........,.. ..... Mayor & City Council Discussion Mayor & City Council Public Input, if Appropriate ..... .................. .......... .............,..... Mayor Facilitates Action on Motion Mayor Facilitates -- page 2 -- CITYOF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: 6/15/2010 REGULAR ITEM*: 4 PROCLAMATION Proclaim August 12 to 15, 2010 as Huffn Puff Days Sharon Lumby, City Clerk Bruce A. Messelt, City Administrato SUMMARY AND ACTION REOUESTED: The City Council is asked to proclaim August 12th to 151h, 2010, the official City celebration for 2010 and to urge all citizens of our community to give full regard to the past and continuing services of the Lake Elmo Jaycees. Mayor Johnston reads the Proclamation: -- page 1 -- Lake Elmo avicees Affiliated with JC?(' Proclamation WHEREAS, the Lake Elmo Jaycees have been a vital part of the development of young leaders of our community the past 40 years and WHEREAS, this organization of young people will again be sponsors of Huff and Puff Aug 12th, 13tn, 14th, and 15th 2010 NOW, THEREFORE, I, Dean Johnston, Mayor of Lake Elmo, do hereby proclaim the weekend of Aug 12th to the 15th Huff and Puff Days In Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this day of June, 2010 Dean Johnston, Mayor of Lake Elmo PO Box 198 • Lake Elmo, MN 55042 • www.lal eehnojaycees.otg ITY OF LAKE ELMO AyoR &.,,coupp4 commciiyiaTigN DATE: 06/15/2010 REGULAR ITEM #: 5 MOTION AGENDA ITEM: Presentation and Acceptance of 2009 Financial Audit SUBMITTED BY: Steve McDonald, Abdo, Eick & Meyer THROUGH; Bruce Messeltt jIAJ(, REVIEWED BY: Tom Bouthilet & Joe Rigdon, KDV SUMMARY AND ACTION REQUESTED: The City has retained the services of Abdo, Eick & Meyers to audit the financial statements of the governmental activities, the enterprise business -type activities, each major fund and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City as of December 31, 2009. Attached is the 2009 Annual Financial Report with a management letter, After a review and discussion with the Auditors, the City Council is asked to accept the 2009 year end financial report. SUGGESTED "Move to Accept the 2009 Year End Financial Report" MOTION BACKGROUND INFORMATION: Annually, the City engages the services of an independent outside audit firm to review the financial statements. The accountants are asked to assure that the financials statements are free of material misstatement to the extent possible. They also review internal controls of the City. STAFF REPORT: Steve McDonald from Abdo, Eick & Meyers will present the report and respond to any inquiries, The Audit represents the most accurate outside assessment of the City's current financial position. The Audit also makes findings and recommendations aimed at further improving the City's financial controls and policies. The findings and recommendations contained within the 2009 Audit have either already been addressed by previous City action or will be evaluated and suggested responses developed for subcommittee and Council consideration. -- page 1 -- City Council Meeting Presentation arid Acceptance of 2009 Financial Audit June 15th, 2010 Regular Agenda Item # 5 RECOMMENDATION: Based upon the above information and staff report, it is recommended that the City Council accept the 2009 year-end financials by undertaking the following action "Move to Accept the 2009 Year End Financial Report. Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight, or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: 'Move to accept the 2009 Year End Financial Report, [with specific additional actions or responses as amended at tonight's meeting]." ATTACHMENTS: 1. Management Letter for the Year Ended 2009 2. Annual Financial Report for the Year Ended 2009 SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... .......... ...... . .......... ...... .............. City Administrator Report/Presentation....... , ..... _Steve McDonald, Abdo, Eick & Meyers Questions from Council to Auditors ........,....... ........ , Mayor Facilitates 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 2 -- CITY 6 F' [ LAKE ELMO MAY -........:-. AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: R COUNCIL COMMUNICAPON DATE: 06/15/2010 REGULAR ITEM #: 6 RESOLUTION 2010-030 Resolution Regarding Continued Services at Rosalie E. Wahl Library Mayor and City Council Members Bruce A. Messelt, City Administrator of\ Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: This item has been scheduled at the request of Mayor Johnston and the City Council in order to allow the City Council to act upon concerns regarding Washington County Library operation of the Rosalie E Wahl Branch Library, located here in Lake Elmo, The proposed action, as per City Council discussion on January 8th, 2010 is included in the following suggested motion: SUGGESTED MOTION: "Move to approve Resolution 2010-030 regarding Continuation and Enhancement of Library Services" BACKGROUND INFORMATION: On June 8th, 2010 the City Council discussed the current status of the operation of the Rosalie E. Wahl Branch Library and directed City Staff to prepare tonight's item and Resolution. In March, 2010, the City Council directed the City Administrator and City Attorney to begin research on the current and potential future status of the Rosalie E. Wahl Branch Library. This followed action in December, 2009, during which time the Lake Elmo City Council endorsed a citizen -backed effort to seek Washington County consideration of shifting library hours at the Rosalie E. Wahl Branch Library from Monday to Saturday. In January 2010, the Washington County Library Board considered, without consult with the City, and unanimously rejected this consideration, citing concerns of treating all similarly - designated libraries the same and, in lieu of attempting to accommodate a shift of days served, calculating the potential cost of additional staffing for all similarly -designated libraries. —page 1 — City Council Meeting Resolution Regarding Continued Services at Rosalie E. Wahl Library June 15th, 2010 Regular Agenda Item # 6 STAFF REPORT: City staff has subsequently met with Washington County and Washington County Library officials in February and April 2010 to review the decision of the Library Board and to seek additional avenues for continued discussion. Additional information has been shared with the City Council in early April and again on June 8th for Council consideration. Tonight, the City Council is requesting specific action via Resolution 2010-030 regarding the current operation and likely future of the Rosalie E. Wahl Branch Library. RECOMMENDATION: It is recommended the City Council address tonight's discussion topic and draft Resolution. In addition to consideration of the draft resolution, the City Council may elect to provide staff additional direction or action to be taken with respect to this topic. The recommended motion on tonight's agenda is as follows: "Move to approve Resolution 2010-030 regarding Continuation and Enhancement of Library Services" Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight, or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to approve Resolution 2010-030 regarding Continuation and Enhancement of Library Services, [as amended at tonight's meeting]." ATTACHMENTS: Resolution 2010-030 SUGGESTED ORDER OF BUSINESS: Introduction of Item .................. .................... ......... ....... ..... ......, ...... ,...,„..Mayor Brief Staff Report...,...., ............. .....,...., ...... City Attorney and Administrator 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 2 -- City of Lake Elmo Washington County, Minnesota Resolution No. 2010-030 A RESOLUTION CALLING FOR PRESERVATION AND ENHANCEMENT OF LIBRARY SERVICES WITHIN THE CITY AND COMMUNITY OF LAKE ELMO WHEREAS, the Rosalie E. Wahl branch library of the Washington County Library System has been an integral part of the Lake Ehno community for many years; and WHEREAS, the Rosalie E. Wahl branch library, has previously been closed for several years, much to the detriment of the Lake Elmo community; and WHEREAS, significant time, effort, and resources went into the reopening of the Rosalie E. Wahl branch library by Washington County, the Washington County Library Board , the City of Lake Elmo, the Lake Elmo community and the Friends of the Lake Elmo Library; and WHEREAS, current library services are considered by the City of Lake Elmo and the Lake Elmo community as inadequate, though currently meeting minimum standards for the Washington County Library and the State of Minnesota; and WHEREAS, in spring 2010 the City Council of the City of Lake Ehno requested mutual consideration by Washington County and the Washington County Library Board of either expansion of existing library hours and days of service or reconfiguration of existing library hours and days of service, to include Saturday service; and WHEREAS, the City Council of the City of Lake Elmo publically acknowledged at that time the necessity of possibly relying upon utilization of volunteers, reassignment of paid staff among various Washington County Library facilities, and/or potential resource augmentation by the City of Lake Elmo for additional staffing hours; and WHEREAS, the Washington County Library Board unilaterally rejected the City of Lake Elmo's request and, subsequent to this action, has given strong indication through its Administration that the Rosalie E. Wahl branch library of the Washington County Library System is likely to suffer additional service cutbacks and/or closure due to current budgetary and service considerations; and WHEREAS, the City and Community of Lake Elmo and the Washington County Library Board envision through their respective strategic planning efforts a growing need for provision of library services as Lake Elmo and the surrounding communities continue to increase in population over the next twenty years, to likely include a new or expanded library facility in this general area, though likely differ as to current and interim operation of such facility, as well as ultimate location of such future facility; and WHEREAS, the City Council of the City of Lake Elmo believes interruption of library services during this interim period is not only short-sighted but detrimental to the long-term development of both a viable Lake Elmo community but also to the long -tern interests of the Washington County Library system; and WHEREAS, the Washington County Library Board, the Metropolitan Library Service Agency (MELSA), and the statutes of the State of Minnesota allow for the establishment of independent municipal library systems, as well as the provision of affiliate status for such. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the City of Lake Elmo does hereby formally request affirmative consideration by Washington County and its Library System of good faith negotiations toward not only maintenance of existing library services within the City and for the community of Lake Elmo, but the expansion thereof to include evening and weekend services equivalent to a total of 40 hours of public access per week; BE IT FURTHER RESOLVED, by the City Council of the City of Lake Ehno, that the City of Lake Elmo recognizes the likelihood of city participation and involvement in facilitating such services, and hereby pledges its good faith commitment toward reasonable resolution of the current uncertainly regarding the provision of library services within the City and Community of Lake Elmo; BE IT FURTHER RESOLVED, by the City Council of the City of Lake Elmo, that the City Council hereby declares its willingness to affirmatively consider, if necessary, the establishment and creation of an independent municipal library system, as per state statute, and its intention to continue through affiliate status, a relationship with the Washington County Library System, the Metropolitan Library Service Agency, and the State Library System; BE IT FURTHER RESOLVED, by the City Council of the City of Lake Elmo, that, due to planning, budgetary, and statutory deadlines, the City Administrator and City Attorney are hereby directed to begin efforts to establish an independent municipal library system as soon as practicable, even while discussing continuation and enhancement of current library services within the Washington County Library system, so that, should such discussions provide unsatisfactory resolution, library services for the City and community of Lake Elmo can continue uninterrupted. APPROVED BY THE CITY couNcH, OF LAKE ELMO, on this 156) day of June 2010. Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator AVOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 6/15/2010 REGULAR ITEM MOTION Municipal State Aid System Revisions Jack Griffin, City Engineer Bruce Messelt, City Administra o A Ryan Stempski, Assistant City Engineer 7 Resolutions 2010-028 & 2010-029 SUMMARY AND ACTION REOUESTED: The council is asked to consider system revisions to the City's Municipal State Aid System (MSAS). Once each year, the City has the opportunity to request MSAS revisions as deemed appropriate. The City Engineer is proposing to make the following revocations and additions to the state aid street system to better align the MSA street network to the recently completed 2030 Transportation Plan, the Village Area Master Plan and ALTAR; as well as reconcile the total designated mileage to the total allowable MSAS mileage under State Aid rules. The proposed changes have been reviewed with the staff of the MN/DOT State Aid office. The recommended motions to act on are as follows: SUGGESTED "Move to approve Resolution No. 2010-028, thereby revoking the MOTIONS: Municipal State Aid designation from the listed street segments." And "Move to approve Resolution No. 2010-029 thereby establishing the listed street segments as Municipal State Aid Streets." BACKGROUND INFORMATION: As a Municipal State Aid city, the City of Lake Elmo is eligible to designate certain higher volume roadways that are functionally classified as collector or arterial streets, as Municipal State Aid routes, and are eligible to receive a proportionate share of state aid funding to assist with the maintenance and construction of the MSA roadway network. Streets designated as Municipal State Aid Streets must meet the selection criteria of Rule 8820.0700, sub. 3. -- page 1 -- City Council Meeting Municipal State Aid System Revisions June 15th, 2010 Regular Agenda Item # 7 The City is allowed to designate roadway mileage up to a cap of 20% of the total local and county roadway system within the City limits. In addition, the City is allowed to designate any county road or county state aid highway (CSAH) which is turned back to the city with said mileage being over and above the 20% limitation. Municipal State Aid funding is allocated to all Municipal State Aid cities based on the City's population and construction Needs. Construction Needs are determined with the use of an elaborate computer generated model, evaluating each MSA street segment within that City. Once each year, the City Engineer must submit a Needs Update to the MN/DOT State Aid office for the annual construction needs determination. The current MSAS system mileage for the city is 14.39 miles. The city!s most recent mileage certification of local streets and county roads was 70.33 miles. Based upon the 20% designation rule, the city is allowed a total MSA mileage of 14.07, meaning that the city is 0.32 miles over the limit. STAFF REPORT: Each year the city has an opportunity to review and potentially revise the MSA Street System. This year, the City Engineer is recommending changes to better reconcile the designated MSA Street network with the recently completed 2030 Transportation Plan, and the Village Area Master Plan together with the AUAR. In addition, the proposed changes will serve to reconcile the designated MSA mileage to within the maximum mileage allowed. The proposed changes include the following revocations and additions to the state aid system (see attached MSA Map): Revocations: Lower 33rd Street N (206-101-010), Klondike Avenue N (206-101-020), Upper 33rd Street N (206406-010), and Laverne Avenue N (206-106-020): These streets are located in the "Old Village" area of Lake Elmo and will generally serve as local residential streets within the context of the new Village Area Master Plan. With relatively low traffic levels, we feel that these roadway segments will no longer be good candidates for designation as state aid routes. Linden Avenue N (206-116-010), Linden Avenue N (206-116-020) and Manning Avenue N (206-116-030): These segments were selected as state aid to provide connectivity with TH36 and 50th Street N for the northeastern part of Lake Elmo. With the completion of the 2030 Transportation Plan and recent TH36 corridor reviews completed with Washington County and MnDOT staff, the designation of this state aid route is no longer needed. -- page 2 -- City Council Meeting Municipal State Aid System Revisions June 15th, 2010 Regular Agenda Item # 7 SYSTEM REVOCATIONS: STREET NAME LOWER 33RD ST N KLONDIKE AVE N UPPER 33RD ST N LAVERNE AVE N LINDEN AVE N LINDEN AVE N MANNING AVE N FROM LAKE ELMO AVENUE (CSAH 17) STILLWATER BLVD NORTH (TH 5) LAKE ELMO AVENUE (CSAH 17) UPPER 33RD STREET N 50TH STREET Ni SOUTH OF EXISTING LINDEN AVE N LINDEN AVENUE N Additions: TO KLONDIKE AVENUE 33RD STREET N LAVERNE AVENUE N 39TH STREET N SOUTH OF EXISTING LINDEN AVE N MANNING AVENUE N TH 36 SEGEMENT ID 206-101-010 206-101-020 206-106-010 206-106-020 206-116-010 206-116-020 206-116-030 TOTAL REVOCATION: 2009 CERTIFIED MSAS MILAGE: MAXIMUM MILEAGE ALLOWED: REVISED MSAS MILAGE AFTER REVOCATION: TOTAL REVISED AVAILABLE MILEAGE: LENGTH 0.42 EXISTING MILES 0.12 EXISTING MILES 0.07 EXISTING MILES 0.46 EXISTING MILES 0.65 NON EXISTING MILES 0.44 EXISTING MILES 0.14 EXISTING MILES -2.30 MI 14.39 MI 14.07 MI 12.09 MI 1.98 MI MSAS 117 South Frontage Road Trunk Highway 36 Keats Avenue N to Lake Elmo Avenue N (CSAH 17) (Non -Existing): With the revocation of the designations to Manning Avenue and Linden Avenue, the City, through its completion of its Transportation Plan has identified the need to have an east to west collector route along the TH36 corridor. The City is proposing to designate a frontage road along TH36 between Lake Elmo Avenue N (CSAH 17) and Keats Avenue N (MSAS 206-105-010). MSAS 118 Village Parkway 30th Street N to Trunk Highway 5 (Non -Existing): The City has identified through its Transportation Plan and its Village Area Master Plan that there will be future need for a collector street within the Village area which will provide system integrity and connectivity for the future expansion and development of the area, SEGEMENT ADDITIONS: STREET NAME VILLAGE PARKWAY SOUTH FRONTAGE ROAD TH 36 FROM TH 5 KEATS AVENUE NORTH TO SEGEMENT ID 30TH STREET NORTH 206-118-010 CSAH 17 (LAKE ELMO AVENUE) 206-117-010 TOTAL ADDITIONS: REVISED AVAILBLE MILAGE (SEE ABOVE): REVISED OVER/UNDER MAXIMUM ALLOWED: LENGTH 0.98 MI NON -EXISTING MILES 1.00 MI NON -EXISTING MILES 1.98 MI 1.98 MI 0.00 MI -- page 3 -- City Council Meeting June 15th, 2010 1., 4 , Municipal State Aid System Revisions , 4 Regular Agenda Item # 7 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve both motions by undertaking the following action: "Move to approve Resolution No. 2010-028 thereby revoking the Municipal State Aid designation from the listed street segments." And "Move to approve Resolution No. 2010-029 thereby establishing the listed street segments as Municipal State Aid Streets." Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight, or amending the recommended actions. If the later is done so, the appropriate action of the Council following such discussion would be: 'Move to approve Resolutions 2010-028 and 2010-029 regarding Municipal State Aid Street designations, [as amended at tonight's meeting]." ATTACHMENTS: (3) 1. Resolution No. 2010-028, Revocation of Existing MSA Streets 2, Resolution No. 2010-029, Establishing MSA Streets 3. Figure 1 — Municipal State Aid System Street Map, Proposed Revisions SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ....... ..... .................. ..... .................. ........ ............ Mayor Brief Staff Report ....... , ..... .......... ...... ......... .....,...,...................... City Engineer 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 4 -- CITY OF LAKE' ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-028 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS WHEREAS, the City of Lake Elmo recently completed and adopted the 2010 Comprehensive Transportation Plan and the Village Area Master Plan together witha Village Area Alternative Urban Areawide Review (A UAR). WHEREAS, these planning efforts resulted in the City of Lake Elmo identifying along term guide for the development and improvement of the City's transportation network WHEREAS, City staff has subsequently reviewed and made recommended system revisions to improve the City's Municipal State Aid Street System to better align with the policies and goals of the 2030 Transportation Plan. WHEREAS, based on these recommendations, it appears to the City Council of the City of Lake Elmo that the streets hereinafter described as Municipal State Aid Streets under the provisions of Minnesota Laws, are no longer good candidates for designation 'as state aid routes. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the streets described as follows, to -wit: MSA NUMBER 206-101-010 206-101-020 206-106-010 206-106-020 206-116-010 206-116-020 206-116-030 STREET NAME LOWER 33RD ST N KLONDIKE AVE N UPPER 33RD STN LAVERN E AVE N LINDEN AVE N LINDEN AVE N MANNING AVE N FROM TO LAKE ELMO AVENUE (CSAH 17) KLONDIKE AVEN UE STI LLWATER BLVD NORTH (TH 5) 33RD STREET N LAKE ELMO AVENUE (CSAH 17) LAVERNE AVENUE N UPPER 33 RD STREET N 39TH STREET N 50TH STREET N SOUTH OF EXISTING LINDEN AVE N SOUTH OF EXISTING LINDEN AVE N MANNING AVENUE N LINDEN AVENUE N TH 36 be, and hereby are, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner o Transportation of the State of Minnesota, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, Resolution No. 2010-028 Date: , 2010 CITY OF LAKE ELMO ATTEST: Bruce A. Messelt City Administrator By: Dean A. Johnston Mayor CERTIFICATION The undersigned, being the duly qualified and acting Clerk of the City of Lake Ehno, hereby certifies the foregoing Resolution No. 2010-028 is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on the 15th day of June 2010, as shown by the minutes of the aforesaid meeting in possession of the undersigned. Sharon Lumby, City Clerk (Seal) Resolution No. 2010-028 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-029 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, the City of Lake Elmo recently completed and adopted the 2010 Comprehensive Transportation Plan and the Village Area Master Plan together with a Village Area Alternative Urban Areawide Review (AUAR). WHEREAS, these planning efforts resulted in the City of Lake Elmo identifying a long term guide for the development and improvement of the City 's transportation network. WHEREAS, City staff has subsequently reviewed and made recommended system revisions to improve the City's Municipal State Aid Street System to better align with the policies and goals of the 2030 Transportation Plan. WHEREAS, .based on these recommendations, it appears to the City Council ofthe City of Lake Elmo that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions ofMinnesota Law. NOT THEREFORE, BE .17' RESOLVED, by the City Council of the City of Lake Elmo that the streets described as follows, to -wit: STREET NAME FROM TO VILLAGE PARKWAY (NON-EXISITING) 30TH STREET NORTH TRUNK HIGHWAY 5 SOUTH FRONTAGE ROAD TH 36 (NON -EXISTING) KEATS AVENUE NORTH CSAH 17 (LAKE ELMO AVENUE) be, and hereby are, established, located, and designated a Municipal State Aid Street subject to the approval of the Commissioner of Transportation of the State ofMinnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and upon approval of the designation of said roads or portion thereof that same be constructed, improved and maintained as a Municipal State Aid Streets of the City of Lake Elmo, to be numbered and known as (to be nrovide by the Office of State Aid). Resolution No. 2010-029 Date: , 2010 CITY OF LAKE ELMO ATTEST: Bruce A. Messelt City Administrator By: Dean A. Johnston Mayor CERTIFICATION The undersigned, being the duly qualified and acting Clerk of the City of Lake Elmo, hereby certifies the foregoing Resolution No. 2010-029 is .a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on the 15th day of June 2010, as shown by the minutes of the aforesaid meeting in possession of the undersigned. Sharon Lumby, City Clerk (Seal) Resolution No. 2010-029 2 City Stillwater ToWnsItip City of Oakdale 17 Op.on Pf.Oko,Floard . Skyvidiv Com 2 BeM011 Run Aw Clarb —17 — Lk Jane tgg Station No. 2 4 Lake Z.V.7 • 1111.LAIK • CITY OF LAKE ELMO _uzirsrioNri LIKE MUNICIPAL STATE AID SYSTEM (MSAS) STREET MAP PROPOSED REVISIONS LEGEND EXISTING MSAS EXISTING MSAS - GRAVEL --• EXISTING MSAS - NON EXIST PROPOSED REVOCATION - — PROPOSED ADDITION City Hall MO Laverne Avenue N es1rT77-5510 ww.v.lakeehno.org Public Works Building 3445kleal Ay* N 651/213-5,N4 Fire Stations Star, No, 1510 bavarne Ave N ES11710-60D0 Mallon No. 2 4239..loolooa Poo 01f779-8282 Schools • Parcels Subdivisions City Parks Golf Course Lake Elmo Regional Park Reserve Park MC9 6,51/430-82.93 6 owl; iship ST N West lay iship 0- 0 OAS 03 0.6 11111111=MEMI Miles Map Date: February 2010 Created By TKDA Lakes ENGINEERS • ARGHITECTS• PLANNERS AYOR & COUNCIL COMMUNICA IION DATE: 06/15/2010 REGULAR ITEM #: 8 EXECUTIVE SESSION AGENDA ITEM: Executive Session Regarding Discussion of Legal Issues and Strategies Relating to Continued Existence and Management of Contaminated Potable Water SUBMITTED BY: Dave Snyder, City Attorney THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: This Executive Session has been scheduled at the request of the City Attorney in order to allow the City Council to discuss with the City Attorney and staff legal issues and strategies relating to the continued existence and management of contaminated potable water (groundwater). Pursuant to Minn. Stat. § 13D.05, subd 3(b) governing Attorney -Client Privilege, it is recommended that the City Council entertain the following motion to enter into Executive Session: SUGGESTED "Move to Adjourn to a Closed Meeting Regarding: Legal issues MOTION: and Strategies relating to continued existence and management of contaminated potable water" BACKGROUND INFORMATION: Council Member Emmons and Mayor Johnston have been leading City discussions regarding this topic. After several months of active conversation, and at the recommendation of the City Attorney, tonight's Closed Meeting will bring the City Council up to speed regarding legal issues and strategies related to this topic. STAFF REPORT: City staff will provide its report in Closed Session. Once a Closed Session is called, City staff will secure the facility and ensure all recording devices are turned off. -- page City Council Meeting Executive Session Regarding Discussion of Legal Issues and Strategies June 15th, 2010 Regular Agenda Item # 8 RECOMMENDATION: It is recommended the City Council enter into Executive Session to discuss tonight's topic. The recommended motion on tonight's agenda is as follows: "Move to Adjourn to a Closed Meeting RE: Legal Issues and Strategies relating to continued existence and management of contaminated potable water" Following completion of the Executive Session, the City Attorney will publically summarize the actions and deliberations of the Council, If appropriate, the City Council should then entertain the following motion: "Move to direct the City Attorney and City staffto proceed as directed in Executive Session." Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction of ltem ...,....„.......... ...... .................. . ............... ........... .. Mayor Description of Legal Basis for Executive Session City Attorney Call for Motion for Closed Meeting Mayor Facilitates Discussion Mayor & City Council Action on Motion Mayor Facilitates Closed Meeting .............. ....... ......... .............. ..... ..... . ..... Mayor Facilitates Reconvene in Open Meeting .............. .......... ......... ,........„. Mayor Facilitates Description of Executive Session City Attorney Call for Motion, if Appropriate...... ....... Mayor & City Council Discussion ........ ,....... ........ ............. .................. .„ ........ , Mayor & City Council Action on Motion ..... .....„,...,., ............ , ........................... Mayor Facilitates page 2 — CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: REGULAR MOTION 6/15/2010 or CONSENT ITEM it: 9 Late Agenda Addition AGREEMENT FOR SERVICES between the City of Oakdale and City of Lake Elmo for vehicle repairs/maintenance. Fire Chief Greg Malmquist Bruce A. Messelt, City Administratfl REVIEWED BY: - NA - SUMMARY AND ACTION REOUESTED: It is respectfully requested that the Mayor and City Council consider and approve and agreement with the City of Oakdale to provide vehicle maintenance/repair services. This will give the City of Lake Elmo an additional source for bids by qualified/certified mechanics, This item is suggested to be presented as part tonight's Consent Agenda. BACKGROUND INFORMATION: This item is the result of Council direction to pursue cost saving measures appropriate to the City needs. Having Oakdale as an additional resource for vehicle repairs will provide an additional timely, cost effective resource for vehicle repairs and maintenance. The City will continue to use Emergency Apparatus Maintenance for our pump certifications/repairs as well as a resource for repair work on the fire department fleet. Oakdale has been providing this service to the Oakdale FD for several years. The Fire Chief has discussed this with Chief Anderson and has found the work very satisfactory. STAFF REPORT: Work will be done on a "per job, by quote" basis. All projected expenditures are budgeted within the current FY 2010 Annual Budget. RECOMMENDATION: Staff recommends approval of this service agreement to ensure that the City has maximum flexibility and control over normal routine maintenance of these vehicles. -- page 1 -- City Council Meeting AGREEMENT FOR SERVICES with the City of Oakdale June 15th, 2010 Regular/Consent Agenda Item #9 RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda the proposed Services Agreement with the City of Oakdale. Alternatively, the City Council does have the authority to not place this item on the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the proposed Services Agreement with the City of Oakdale, as Presented [and modified] herein." ATTACHMENTS: 1. Proposed Agreement with the City of Oakdale SUGGESTED ORDER OF BUSINESS (if not placed upon the Consent Agenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ........ ........ ........... ........ .................. ..... .....„Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- AGREE:1\41NT FOR SERVICES between the CITY OF OAKDALE and the CITY OF LAKE ELMO This AGREEMENT, made and entered into on this day of , 2010, by and between the CITY OF OAKDALE, ("The City of Oakdale"), a municipal corporation under the laws of the State of Minnesota, and the CITY OF LAKE ELMO ("The City of Lake Elmo"), a municipal corporation under the laws of Minnesota, WITNESSETH: WHEREAS, in order to manage costs and the quality of maintenance of certain public vehicles for the City of Lake Elmo Fire Department, The City of Lake Elmo has requested the City of Oakdale assist with the repair and routine maintenance of the Lake Elmo Fire Department vehicles; and WHEREAS, The City of Oakdale has demonstrated cost-effectiveness and expertise in providing these services for its' own fire department; and WHEREAS, Lake Elmo has identified general vehicle repair as work that the City of Oakdale could perform for the City of Lake Elmo with regard to their Fire vehicle equipment; and WHEREAS, Both Parties desire this AGREEMENT to be effective on the date of the last signature necessary to execute this document is obtained; and Agreement for Services City of Oakdale & City of Lake Elmo Page 1 of 9 NOW THEREFORE, In consideration of the mutual terms, covenants, warranties and conditions hereinafter set forth, the Parties hereto, intending to be legally bound hereby, mutually agree as follows: ARTICLE I: SECTION 1.01.1 SCOPE OF SERVICES Scope of Services Pursuant to the terms and conditions herein, the City of Oakdale agrees to perform general repair and maintenance work ("Work") on City of Lake Elmo Fire Department vehicles, as Work is defined and pursuant to the provisions in ARTICLE III of this Agreement. ARTICLE II: TERM SECTION 2.01. Term The terms of the Agreement shall remain in effect until terminated, according to the provisions of Section 7.04 of this Agreement. ARTICLE III: RESPONSIBILITY OF THE CITY OF OAKDALE As a condition precedent to the City of Oakdale performing the Work, Oakdale agrees it shall accomplish the following tasks: 1) Evaluate and determine the urgency of the problem requiring Work. 2) Inspect vehicles and keep accurate records of inspections and repairs. 3) Provide the City of Lake Elmo Fire Department with information regarding the necessary repairs and/or maintenance requirements for each vehicle. 4) Review and determine the repairs and/or maintenance required to service the City of Lake Elmo Fire Department vehicles, obtaining specific instructions regarding whether Works should be commenced immediately (with possible overtime) or whether the Work may be, or should be, commenced and performed during regular Agreement for Services City of Oakdale & City of Lake Elmo Page 2 of 9 work hours. In the event the City of Oakdale fails to properly notify the Lake Elmo Fire Department of the determined urgency of the problem, the City of Lake Elmo may, at is sole option, deny the overtime request for Work. 5) Notify proper authorities at the City of Lake Elmo of the necessary repairs and anticipated down time. ARTICLE IV: CONSIDERATION AND PAYMENT SECTION 4.01 Consideration. In consideration of the City of Oakdale's Work, the City of Lake Elmo shall compensate the City of Oakdale for any and all labor, materials, equipment, overhead and miscellaneous expenses and charges associated with the Work. Labor charges per hour shall be at the rates specified in the Union Labor Contract and will include a 40% additional cost for benefits. Charges for materials, and miscellaneous charges shall be at the rates calculated by the City of Oakdale, and substantiated, when possible, with invoices from Vendors. A 2.0 multiplier on Labor charges will cover charges for equipment and bay space. There shall be a one hour minimum charge with additional time charged in half hour increments. Call back overtime shall have a minimum two hour charge. The City of Oakdale shall periodically provide the City of Lake Elmo with a copy of the union contracts showing the labor rates in effect. SECTION 4.02 Payment. Upon receipt of the City of Oakdale's invoice and verification of the charges, the City of Lake Elmo agrees it shall make payment to the City of Oakdale within thirty (30) days of receipt. Payment shall be in the full amount of the invoice and shall be sent to the address indicated on the invoice. ARTICLE 5 LIABILITY AND HOLD HARMLESS SECTION 5.01 Liability. Agreement for Services City of Oakdale & City of Lake Elmo Page 3 of 9 Each party agrees that it shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party and the results thereof. Both Parties' liability shall be governed by and limited to the tort liability provisions found in Minnesota Statutes Chapter 466, as amended from time to time, and any other application Iaw(s). This provision shall survive any termination of this Agreement. Each party shall be responsible for its own vehicle comprehensive, liability, and collision insurance. SECTION 5.02 Hold Harmless. Each party agrees that it shall indemnify and save harmless, protect and defend the other party, its employees and agents from any or all liability, suits or demands, including the legal defense thereof, for bodily injuries, including death, or property damages, including loss of use arising out of any activity by itself or its employees and agents under this Agreement. ARTICLE VI REPRESENTATION AND WARRANTIES SECTION 6.01 Authority, Binding Effect. Both Parties represent and warrant that the individuals executing this Agreement on behalf of each of the Parties have the full power and authority to execute and perform this Agreement, and this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms. SECTION 6.02 Corporate Authorization. Both Parties represent and warrant that the execution and delivery of this Agreement and the performance of duties contemplated herein have been duly authorized by all necessary legislative or corporate action. The execution, delivery and performance of this Agreement shall not conflict with or result in the breach or violation of any term or provision of any of either party's municipal ordinances or state statutes, charter or constitution, any other state or federal law, or any other provision or authority. ARTICLE VII MISCELLANEOUS PROVISIONS Agreement for Services City of Oakdale & City of Lake Elmo Page 4 of 9 SECTION 7.01 All terms, covenants, and conditions of this Agreement shall be binding upon, and insure to the benefit of and be enforceable by the parties hereto and their respective successors, heirs, executors and assigns. This Agreement and the rights and obligations of any party hereunder shall not be assignable except with the written consent of the other party hereto, which consent shall not be unreasonably withheld. SECTION 7.02 Notice. Any notice, request, demand, statement or consent required or permitted to be given hereunder, except for notice of Work as provided for in SECTION 1.01 above, shall be in writing, shall be signed by or on behalf of the party giving notice, and shall be personally delivered or sent by express services, fax, or certified or registered mail, return receipt requested, postage prepaid, to the other party to the respective address given herein below: If to Oakdale: If to Lake Elmo: City Administrator, City of Oakdale 1584 Hadley Avenue North Oakdale, MN 55128 Office: 651-730-2705 FAX: 651-730-2718 City Administrator, City of Lake Elmo 3800 Lavern Avenue North Lake Elmo, MN 55042 Office: 651-777-5510 FAX: 651-777-9615 Any such notice given as aforesaid shall be conclusively deemed to have been given and received on the day on which such notice was delivered. Either party may, from time to time, furnish in writing to the other party such notice of a change in the address or individual to whom each notice(s) are to be given. SECTION 7.03 Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application Agreement for Services City of Oakdale & City of Lake Elmo Page 5 of 9 of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the extent permitted by law. SECTION 7.04 Termination. Except for the provisions contained in Article V, which shall survive any termination of this Agreement, this Agreement may b terminated in whole or in part by writing by either party, provided that no termination may be effected unless: 1) The other party is given not less than ninety (90) calendar days written notice of intent to terminate, 2) The non -terminating party is afforded an opportunity to confer with the terminating party prior to termination. SECTION 7.05 Waivers and Amendments. This Agreement may be amended or superseded, and its terms or covenants hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by any party of the breach of any term or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in anyone or more instances, s hall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or covenant contained herein. SECTION 7.06 Counterparts. This Agreement may be executed in two or more counterparts, each of which may be deemed an original, but together shall constitute but one and the same instrument. SECTION 7.07 Force Maieure. Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts nor events beyond the party's reasonable control, including but not limited to: severe weather and storms, earthquake or other natural occurrences, strike and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or Agreement for Services City of Oakdale 8, City of Lake Elmo Page 6 of 9 other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. SECTION 7.08 Entire Agreement. It is understood and agreed that this entire Agreement supersedes and replaces any and all agreements and negotiations, whether oral or written, between the parties relating to the subject matters herein. (the remainder of this page is left intentionally blank) Agreement for Services City of Oakdale & City of Lake Elmo Page 7 of 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below: THE CITY OF LAKE ELMO By: Bruce Messelt, City Administrator Date: By: Dean Johnston, Mayor Date: THE CITY OF OAKDALE By: Craig Waldron, City Administrator Date: By: Carmen Sarrack, Mayor Date: CITY OF OAKDALE: Approved as to form: By: Date: Jim Thomson, City of Oakdale Attorney CITY OF LAKE ELMO: Approved as to form: By: Date: Name of Lake Elmo Attorney, City of Lake Elmo Attorney Agreement for Services City of Oakdale & City of Lake Elmo Page 8 of 9 S:1Public Works1VehiclelnfolAgreoment for Services Lake Elmo 04-20-10.doc Agreement for Services City of Oakdale & City of Lake Elmo Page 9 of 9 CITY OF LAKE FLWW //YoR &cp(INCILCQMMUNIQATIQN AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: REGULAR MOTION 6/15/2010 or CONSENT ITEM #: 10 Late Agenda Addition Contract and purchase approval for a "Qwest 911 ALI Database Extract" Fire Chief Greg Malmquist Bruce A. Messelt, City Administrato REVIEWED BY: - NA - SUMMARY AND ACTION REQUESTED: It is respectfully requested that the Mayor and City Council consider and approve, if necessary, a contract and expenditure of $1,235.00 to complete the Code Red installation and purchase 911 data from Qwest to be used in the Code Red system. This item is suggested to be presented as part tonight's Consent Agenda. BACKGROUND INFORMATION: The Code Red Emergency Communication System is nearing completion and will be ready for activation in the near future. However, key data needed for optimization of the database is contained within the 911 emergency contact information managed by Washington County but specific to the City of Lake Elmo. This data is essential to allow the Code Red system to perform as optimally as possible. The City has requested access to and utilization of this information from Washington County, which the County purchases on an annual basis from Quest. To date, no answer has been provided from Washington County. Discussions with other cities utilizing Code Red have indicated that most cities find it easier to purchase their own data directly from the local telephone provider. STAFF REPORT: There will be an initial fee the first year of $1,235.00 (Setup charge of $585.00 + $650.00 for extract). If we determine that we want to update the data on an annual basis, to stay current, the fee is $650.00 per year if extracted annually. RECOMMENDATION: Staff recommends approval and purchase of this data to ensure that the Code Red system performs efficiently and reaches the maximum number of Lake Elmo — page 1 -- City Council Meeting Contract and purchase approval for a "Qwest 911 ALI Database Extract" June 15th, 2010 Regular/Consent Agenda Item #10 citizens as was intended, contingent upon final denial by Washington County of the requested access. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda the proposed contract in the amount of $ 1,235.00, contingent upon final County denial of the requested access to said data. Alternatively, the City Council does have the authority to not place this item on the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the proposed contract and purchase of 911 ALI Date from Quest, as Presented [and modified] herein. ATTACHMENTS: 1. Proposed Agreement with Quest SUGGESTED ORDER OF BUSINESS (if not placed upon the Consent Atrenda): Questions from Council to Staff ....... ...... ........ Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... ................... ..... ............ . ..... Mayor & City Council Action on Motion ...... ........... ................... ...... .............. ..... Mayor Facilitates -- page 2 -- QWEST911AL|DATABASE EXTRACT AGREEMENT GENERAL TERMS AND CONDITIONS SIGNATURE PAGE This 011Al/Database Extract Agreeman1("AgmemonY)|ommdmbyandbetwmenOwoo Corporation (^Qwaoy)and ("Customer"), This Agreement will be effective on the date that it is executed by Qwest following Customer's execution of this Agreement ("Effective Date"). This Agreement includes the attached Terms and Conditions and Exhibit A attached hereto and incorporated herein by -this reference.Aoydifh*mnt or additional terms of any related purchase order, confirmation, or similar form will have no force or effect, unless signed by both parties, The undersigned parties have read and agree to the terms and conditions set forth in this Agreement, including Exhibit A. QVVESTCORPQRATION By: By: Name: Name Title: Title: Date: Date: NOTICE INFORMATION: All written notices required under this Agreement will be sent to the following: To Qwest: With acopy to: OwostCorpomUon 18O1California Street, Room A00 Denver, Colorado 8n2O2 Facsimile #;(U88)778'OO54 Attention: Legal Department OwestCnrporatioo 18U1California Street Denver, Colorado 802O2 Phonn#: Facsimile�� E-mail: To Customer: phone#: Fmoond|o#: E-mail: Attention: Page Copyright 0 Qwest,All Rights Reserved. CONFIDENTIAL 0.082307 QWEST911ALUDATABASE EXTRACT AGREEMENT GENERAL TERMS AND CONDITIONS 1. Definitions, Aaused herein: "AL| Database Information" meonoAL| UoUngn that are ebonad by Qwest for the purpose of provisioning and delivering Emergency Services. "Automatic Location Identification" or 'Y\L/" means w feature by which the address and name associated with atelephone number ("TN")are forwarded tooPublic Safety Entity for display. "Cause" means the failure of e party to perform a material obligation under this Agreement which failure is not remedied, if curable: (a)for payment defaults hyCustomer, upon five calendar days written nnUco, or for any other general default, upon 30 calendar days written notice. "Confidential Information" means any information that is not generally available hothe public, whether ofetechnical, business, or other nature and that (n) the receiving party knows or has reason to know is onnfidenUo|, proprietary, or trade secret information of the d|no|noing party; and/or (b) is of such o nature that the receiving party should reasonably understand that the disclosing party doo|rmo to protect such information against unrestricted disclosure. Confidential Information will not include Information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed bythe receiving party, 'Emergency Snmixno^ means 911 emergency nomioon and Emergency Notification Services, "Emergency Notification Samioen" means services that notify the public ofunemergency. "Emergency Support Services" means information or dotaheoo management services which support Emergency Services, ^|n\o!|ec%uo| Property" means all tnadomarko, trade names, logos, domain names, service marks, copyrights, copyright registrations, pabento, patent app|irmUono, trade oonneto and any other intellectual property whether existing upon the Effective Date or arising thereafter. "Public Safety Entity" means any PSAP or government agency involved }nproviding emergency services. "Public Service Answering Point" or^PSAp"means the answering location for &11 ooUn. "Resident" means the persons and entities whose information resides inthe AL|database. 'Surv)cm"means the Owootservice described inExhibit A. ^Snfbvom"means software (including third -party software) nrother digital content or material and related donumentodnn, if any. provided byQweottoCustomer inconnection with the Service. "Spenio| Data Extraction" will mean the creation of an output record or informational report (from existing data files) that innot created in the normal course of business. 2. P,uvm|mn of Service. Subject to payment of all applicable ohmgeu. Qwost will use commercially reasonable efforts to provide the Sam|on set forth in Exhibit A. The Service is provisioned by Qwmst and/or through its applicable affi|ioma, subcontractors and vendors. Service will be supplied in accordance with this Agreement. Customer understands that Qweoi'u performance under this Agreement is dependent in port on Customer and third pan|en, including without ||mitmtinn, suppliers, Accordingly, any performance to be rendered byQwoo hereunder will be appropriately waived or delayed toaccount for actions or inactions by such third parties. 3' ��Uw�� Property. Nothing in this Agreement will be construed as granting Customer any right, dUe. Interest, or license |nor10any ofQwen`nIntellectual Property and Customer cannot use any ofQvwaot'o Intellectual Property without Qwest'n prior written consent. Notwithstanding the foregoing, Oweot grants Customer access toAL| Database |nfonnaUvn solely for purposes of delivering, or assisting in the delivery of, Emergency Services, mnset forth |n47USC§222(g)ofthe Communications Act of1934.moamended. 4. Service, Rates and Terms. Exhibit A specifies the doochpUon, mtea, chnrgon, and other terms applicable -to the Service. The rates do not include Taxes. S. Payment. Customer must pay Qwest all charges by the payment due date on the invoice. Any amount not paid when due will besubject tninterest atthe lesser of11/2%per month or the highest rate permitted by applicable law. Customer must also pay Qweot any applicable hmdem|, state, and |una| taxwn, ouochengeo, and other o>m||er charges ("Taxes") e000ased in connection with Customers 8em/oa. Taxes are subject to change. Qweot may reasonably modify the payment h»,mn or require other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition. 6. Conditions of Service. 6.1 Qwest will retain all right, title, interest and ownership in and to the ALI Database Information it provides hereunder. 8.2 Customer will take commercially reasonable and prudent measures to protect the privacy of the Resident information contained within the ALI Database and prevent disclosure and unauthorized use of ALI Database Information. Such measures will boat least equal tothe measures Customer takes toprotect its own confidential and proprietary infbmnation, including without limitation, implementing adequate computer security measures to prevent unauthorized access boAL| Database Information when contained |nany database. 6.3 Customer will not sublicense, mel|, copy or allow any third party to access, dnwn|oad, copy or use the AL| Database Information, in any form, or any portions orderivatives thereof, or any Information e*nanbad thanahnm, except as necessary to enable e vendor contracted by Customer to maintain and make mnuenoib|o the emergency system and Emergency Services for which Service has been purchased. Customer will require such vendor's compliance with the general terms and conditions ofthe Agmmment, which will be incorporated into an agreement between Customer and such vendor, Customer will befully liable to Qwma| for such vendor's compliance with the terms and conditions of the Agreement. Notwithstanding the foregoing, the Parties understand that third persons may claim that Confidential |nformat|nn, including without |im/tadnn. AL| Database Information, delivered 10Customer under the Agreement may be, by virtue of its possession by Cuotomer, o public record and subject to disclosure. The Parties agree that in the event such o claim is nmada. Customer will immediately notify Owost of the o|mim. and Oweot will, at its noo1, defend and hold hann|aoo Customer and its officers and employees from any such claim. Page Copyright@UweoLAll Rights Reserved. C0NHDENTkAL v1.082307 QWEST 911 ALI DATABASE EXTRACT AGREEMENT GENERAL TERMS AND CONDITIONS Customer, in consideration thereof, will not disclose any such Confidential Information in response to any such claim until a final unappeasable order from a court or agency having authority to issue such order will have been issued. Any such disclosure will be the minimum necessary to comply with such order. Except as described above, Customer will be liable to Qwest for any intentional disclosure, in whole or part, of Confidential Information provided to it hereunder by Qwest. Qwest may "seed" or specially code some or all of the ALI Database Information in order to trace such information and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 6.4 Within five days after the expiration or earlier termination of this Agreement, Customer will: (a) return and cease using any and all ALI Database Information which it has in Its possession or control; (b) extract and expunge any and all copies of such ALi Database Information, any portions thereof, and any and all information extracted therefrom, from its files and records, whether In print or electronic form or in any other media whatsoever; and (c) provide a written certification to Qwest from Customer's officer that all of the foregoing actions have been completed. 6.5 Customer represents that it is a provider of Emergency Services or Emergency Support Services and agrees that it will remain such a provider throughout the Term. 7. Covenants of Parties. Qwest agrees that It will make commercially reasonable efforts to ensure that the ALI Database Information that it provides to Customer hereunder will be generally complete and accurate. Customer understands that Qwest has no responsibility to update the ALI Database Information of other local service providers. Customer may, at its option, require Qwest to correct any mutually -agreed deficiencies in its work product or services within a mutually agreeable time period, at no cost to Customer, except when such deficiencies relate to ALI Database Information of other local service providers. 8. Term. This Agreement will effective as of the Effective Date, but the Term of Service will start on the Start of Service Date and continue for the Term selected in Exhibit A in Section 3(e), "Term; Extract Frequency" (the "Initial Term"), The "Start of Service Date" is the date the first extract is pulled. After the expiration of the Initial Term, this Agreement will automatically renew for consecutive renewal periods equal to the Initial Term ("Renewal Term") unless terminated by either party as provided in Section 9, "Termination". Any extensions will be collectively referred to as the "Term" 9. Termination. Qwest may (a) immediately suspend all or any part of the Service, and/or (b) terminate this Agreement (effective after the applicable notice period): (I) for Cause or (ii) upon written notice if Customer becomes or is declared insolvent or bankrupt or is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it. Customer may terminate this Agreement for Cause, If Customer terminates this Agreement for Cause prior to the conclusion of the Term, then Customer will remain liable for charges accrued but unpaid as of the termination date. Notwithstanding the foregoing or any other provision of this Agreement, either party may terminate this Agreement at its convenience, and without cost, termination liability, or penalty, except for Customer's obligation to pay Qwest for Service rendered up to, and including, the effective date of termination, upon written notice to the other party. 10. Disclaimer of Warranties, CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE AND/OR RELIANCE UPON SERVICE. SERVICE IS PROVIDED BY QWEST ON AN 'AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICES AND RELATED SOFTWARE AND/OR CUSTOMER EQUIPMENT, SOFTWARE AND/OR OTHER MATERIALS USED IN CONNECTION WiTH THE SERVICE PROVIDED BY QWEST, IF ANY, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NO ADVICE OR INFORMATION GiVEN BY QWEST, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. 11. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party, (a) disclose any of the terms of this Agreement or use the name or marks of the other party or its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party, during the Term and for two years following the expiration or termination hereof. Qwest's consent may be given only by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of,law, or if necessary in any proceeding to establish rights or obligations under this Agreement, provided that the disclosing party gives the non -disclosing party reasonable prior written notice. Customer information contains names, addresses and telephone numbers of Customer's subscribers, including non -published and non -listed telephone service, and the parties understand and agree that there are certain duties and responsibilities imposed by this Agreement and by law or Tariff with regard to the use and distribution of such information. 12. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. CUSTOMER'S EXCLUSIVE REMEDIES FOR ANY AND ALL CLAIMS RELATED TO THE SERVICE WILL BE LIMITED TO THE TOTAL RECURRING CHARGE PAID OR PAYABLE BY CUSTOMER TO QWEST FOR SERVICE IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. QWEST'S TOTAL AGGREGATE LIABILITY RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL RECURRING CHARGES PAID OR PAYABLE BY CUSTOMER TO QWEST PURSUANT TO THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY IN THIS SECTION WiLL NOT APPLY TO CUSTOMER'S PAYMENT AND INDEMNIFICATION OBLIGATIONS. 13, Indemnification. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS QWEST, ITS AFFILIATES, AGENTS AND CONTRACTORS FROM ANY AND ALL THIRD - PARTY CLAIMS, LIABILITIES, COSTS AND EXPENSES, Page 3 Copyright © Qwest. All Rights Reserved. CONFIDENTIAL v1.082307 QWBST.91iAL|0ATABAS E EXTRACT AGREEMENT INCLUDING REASONABLE USE, MUO|F|CATON, OR CUSTOMER. 14. Dispute Resolution. GENERALTERMS ATTORNEYS FEES RELATED TO RESALE OF THE SERVICES BY 14.1 Gov*rnno Low: Forum. This Agreement will be governed by the |mwu of the state of Colorado, except with ragen] to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Those matters alone will be governed by the |mmm of the appropriate jurisdiction. Any legal proceeding m|aUnQ tothis Agreement will hwbrought inaU.S.District Court, orabsent federal jurisdiction, in a ohmto court ofcompetent jurisdiction, In the location ofthe party to this Agreement not initiating the action, as Indicated in the Notices section. Bu<Qvveot may, at its discretion, initiate proceedings in Denvor. Colorado to uu||auL undisputed amounts billed. This provision is not intended to deprive a small n|o|mo court or state agency of |omfu| jurisdiction that would otherwise exist over aclaim orcontroversy between the parties. 14.2 Waiver nfJun/Trial and Class Action, Each part/ to the extant permitted by |mw, knowingly, wdunbad|K and intentionally waives its right to ajury trial and any right to pursue any claim or action relating to this Agreement on m o|aon or consolidated basis or in a representative capacity. 15. Miscellaneous. 15.1 Ralationxh|o. The relationship of the parties is that of independent contractor. Neither party will have the authority to bind the other by cun¢nont or otherwise or make any representations or Uuonmn\eem on behalf of the other. The relationship arising from this Agreement does not constitute an agency, joint vantune, partnemhip, employee relationship or franchise, 15.2 AoalanmanL Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of (Jwmst, which ocmnont will not be unreasonably 15.3Sumiva|. All terms and provisions of this Agreement which should bytheir nature survive the termination ofthis Agreement will so survive. 16.4 YVaivur. Neither pohy'o failure to insist upon strict performance of any provision of this Agreement will beconstrued as a waiver of any of its rights hereunder. 15.5 Smmmbilitv. If any term of this Agreement is held unenforceable, the unenforceable term will boconstrued aonearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect, 15.0 Notices. Unless otherwise provided honoin, all required nndman to Qwent will be In wdtinO, transmitted to the parties' addresses opoo0od in the SiOnmNn* Pogo or such other addresses as may be specified |nwriting, and will be considered given either: (a) when delivered in person to the recipient named on the Signature Pmgn| (b)thrae business days after mailed via regular U.S, Mail; (c)when delivered via overnight courier mail; or (d) when delivered by fax if duplicate notice is also sent by eQu|mr AND CONDITIONS 15.7 Authorization. Customer represents and warrants that: (a) the full legal name of the legal entity intended to receive the benefits and Service under this Agreement isaccurately set forth herein; and (b)the execution hereof ionot |nconflict with law, the hmnno of any charter or bylaw, or any agreement to which Custnmoria hound or affected. Qweotmay art in reliance upon any instruction or signature reasonably believed by Qvvooito be genuine. Customer agrees that any employee ofCustomer who gives any written notice or other instruction in connection with this Agreement has the authority todoso. 15,8 Third-PartvBeneficiaries. This Agreement is intended solely for Qwestand its affiliates and Customer and not to benefit any other person or entity. 16.9 Force Maieue. Neither party will be liable for any delay or foUunato perform its obligations hereunder if such delay or failure is omuood by an unforeseeable event beyond the reasonable control of paMy, including without limitation: act nfGod,fire, flood, labor strikes; sabotage, fiber cuts, acts ofterror, material shortages or unavailability, government laws or regulations, war orcivil disorder, orfailures ofsuppliers nfgoods and services. 16, Entire Agreement. This Agreement, including Exhibit A, constitutes the entire agreement between Customer and Qweo and supersedes all prior oral or written agreements or understandings. All amendments to this Agreement will be in writing and signed by the parties' authorized nopneoanbaUvmo. Each party reserves the right to reject any handwritten change to this Agreement. Page 4 Copyright @Qwest.All Rights Remamad cmwp|DsmTkAL 0.082307 Owest 911ALiDatabase Extract Agreement EXHIBIT ' ` �C�«sstgiiADEPrmduuCDaorrpdwn . This Exhibit Atnthe Qwen . 91 I-ALI Data -'base Extract Agreom/ (the "Agreement") sets forth the description of the:Qwest 911 AL| Database Extract [Y]woo011ADE"). 1. DEFINITIONS Except ouotherwise set forth herein, capitalized terms shall have the definitions assigned to them in the Agreement. "Emergency Number Service Provider" or "ENSP" means any entity involved in any aspectofproviding services |nsupport of911. "Emergency Service Number" or "ESN" means the routing number that direGtS the 911 call to the appropriate PSAP. ^Linting^means one name, address, and TN, "Master Street Address Guide or "MSk4G" means the listing of all mdoUng eddnmooeo In a community that is maintained by the local addressing authority. "Region means the applicable county, city, orESN aadefined inthe MSAG. "Subscriber" means a local service customer of Qwest or other carrier whose ALI Database Information is included in the Service. 2. DESCRIPTION The Sem|oo extracts Subscriber listed and unlisted (including unpublished) information in its possession and delivers it to Customer solely for purposes of delivering, or assisting In the delivery, of Emergency Services. The Service offers full database dovwn|oodnfor the oo|oct*d Rog|on, and daily updates containing -only the Subscriber data records for the selected Region that have been modified since the most recent extraction. Each of the extracts requires the on|ooUon of unique criteria in order for the extract to be executed properly. This Exhibit A identifies the required criteria for each extract. 3^ DETAILED SERVICE INFORMATION Customer defines the format, frequency and data sets during account setup. A user |D and o password -protected means of, extract retrieval are also established during account setup. (a)File Format Qwestwill format files compliant with either ofthe following: ° NENA2512byte format. ° World Wide Web Consortium's XML 1.0 specification for XMIL formatted files, ° ENSPfixod width data file. (b)File Naming * File names conform hnon8'chmrauter,nnsuffix naming convention, (x) Data Sort Order ° Files are sequenced by o|ng|o header record followed by oym or more date raoovdu, and conclude with u single trailer record, ° Full database download records are sorted inascending sequence byTN. m Update download m:ondo are also sorted in ascending sequence by TN. Only the final d|apua|Uon of any record that changes between downloads is mportod. Customer's system must interpret function codes such as the nooe|pi ofonupdate record where noinsert previously existed. ' ° A file without data records indicates no content is available for the selected Region and extract type. (d)Geographic Area Extract Selection Criteria The following primary geographic selection criteria are available (as defined in the applicable MSAG): " Connmunity/Municipa|Uyneme � County/Peduhname; and * ESN and Entity (oumb|ned) Page 1 Copyright @DweoJ.All Rights Reserved, CONFIDENTIAL v1.082307 Qwsst 911 AL| Qmkmbmsm Extract Agreement ' (e)Term; Extract Frequency. Qwest 911 AIDE downloads and updates are available as follows-. Full record downloads are available monthly, quarterly, yearly and on demand. Full downloads include, records that may not have changed a1moo the last download. Changed record downloads are only available daily or monthly. Customer selects the following Tomn and Extract, Frequency by- checking the applicable box below, Frequency Daily" Monthly Ouehady Yearly On Demand' Term Enter number ufdays nr"NA/ Days Select Term u,N/A Years Select Term orN/A Years Select Term urN/A Years Select Term orN/A Years (f) Notification of Extracted Data File Availability ° For an additional ohmgo. Customer may request to be notified Wo email when o Ole is available for download. The charges for this option are set forth in Section 4, below. (g)Extract Data File Retention onFile Server ° Extracted data files are stored on the file server for no more than fourteen (14).calendar days from the date of extract, and no backup data files are maintained. (h) Distribution Method for Extracted Data Files ° Extract files are not sent to Customer. ° Customer connects 1nthe file server specified byQweo download (U) its extract files, This isfor extract files containing less than 1U.000records, Extract 0eoconiaining1O,0O0ormorenacondowiUbenont|nthefonnofeoompmctdiok(^CD^). * Customer Is provided a secure, specific partition within the file server which is required for changed record downloads. ~ Customer uses a dial -up connection to retrieve data files from its pro -designated file server location. ° Customer may access the file server only \udownload its own files. ° File transmissions may utilize file compression technology. 4. RATES AND CHARGES Qwest will charge Customer the following amounts for Service: Setup per Region Initial/Update full download (1O,0OVormore records will be|nthe form mfoCD) Daily updates File notification (optiomd) Premium fee (for Regions with more than S million Listings) Charge $585nonnocuning $O.8O5per Listing, recurring, NOTE: Customer will be billed for each Listing in the applicable Region, for each Full Download report ordered. oU.OV8per Listing, recurring. NOTE: Customer will bebilled monthly onaper L|oUnQ basis for each Listing in the applicable Region. $3%5per year, recurring Initial/Update Full Downloads ' $2.000 per each 1 million Listings in excess of million for each Full Download report ordered. Daily Updates ' $2.300 per month per each 1 million Listings in -excess of 5 million, recurring. _ Minimum Not applicable $650 per Region $945 per Region Not applicable Not applicable ' Daily update extracts contain Subscriber record changes during the previous 24'hnu, period, Tuesday through Friday. Monday daily update extracts include record changes since the Friday extract, 1 On -Demand downloads and updates must be requested ten (10) business days in advance of the expected pull of the extract. Page 2 Copyright 0Q*nst.All Rights Reserved, CONFIDENTIAL v1.082807