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HomeMy WebLinkAbout1-4-22 Full CCA Packet NOTICE OF MEETING City Council Meeting Tuesday, January 4, 2022 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. December 7, 2021 D. Public Comments/Inquiries E. Presentations Proclamation-Appreciation of Barry Weeks Lake Elmo Firefighter Retirement-Mike Cornell F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept November 2021 Building Department Report 4. Accept November 2021 Fire Department Report 5. Accept November 2021 Public Works Department Report 6. Accept November 2021 Sheriff’s Department Report 7. Designate Official Depositories of Funds-Resolution 2022-001 8. Designate Official Publication Newspaper of Record – Resolution 2022-002 9. Adopt Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy - Resolution 2022-003 10. Designate Authority for EFT Payments – Resolution 2022-004 11. Appoint City Attorney (Civil and Prosecution) 12. Appoint City Engineer 13. Approve Opioid Memorandum of Agreement – Resolution 2022-005 14. Approve Job Description and Authorize Advertising for Full Time Firefighters 15. Approve B&B permit for 8004 50th Street North 16. Award Painting Contract for City Center – Resolution 2022-006 17. Approve Pay Request No. 9 (FINAL) for Well No. 5 Pumphouse Improvements 18. Approve Pay Request No. 8 for Hamlet on Sunfish Lake Street and Utility Improvements 19. Approve Release of Warranty Security for Wildflower 3rd Addition 20. Approve Security Reduction for the Northport 3rd Addition 21. Approve Security Reduction for the Legacy at Northstar 2nd, 3rd, and 4th Additions 22. Accept Bids & Award Contract: Torre Pines Street and Utility Improvements – Resolution 2022-007 23. Accept Bids & Award Contract: Whistling Valley Street and Utility Improvements – Resolution 2022-008 24. Adopt Federal Grants Policy 25. Approve Old Village AUAR Regular Update 26. Approve Krueger Tree Farm Photography IUP Consent Agreement – Resolution 2022-009 27. Resolution Approving Easement Acquisition by Eminent Domain for Old Village Phase 5 and 6 Street and Utility Improvements – Resolution 2022-010 G. Regular Agenda 28. Appoint 2022 Acting Mayor 29. Appoint Required Officials to Fire Relief Association Board of Trustees 30. Appoint Planning Commissioners 31. Appoint Parks Commissioners 32. 2022 Planning Commission Work Plan 33. Requests for Proposals for Classification and Compensation Study H. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2021 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Cadenhead called the meeting to order at 7:00 pm. PRESENT: Mayor Charles Cadenhead and Councilmembers Katrina Beckstrom, Dale Dorschner, Jeff Holtz and Lisa McGinn. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Just, Fire Chief Kalis, Finance Director Magureanu, Assistant Administrator Dickson and City Clerk Johnson APPROVAL OF AGENDA Councilmember Dorschner, seconded by Councilmember McGinn, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. ACCEPT MINUTES Councilmember Dorschner, seconded by Councilmember Holtz, moved TO ACCEPT THE MINUTES OF THE NOVEMBER 9, 2021 AND NOVEMBER 16, 2021 MEETINGS AS PRESENTED. Motion passed 5 – 0. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Approve Notice of Intent for Water Tower Site-Resolution 2021-131 4. Approve 2022 Pay Scale 5. Authorize Certification of Delinquent Utility Bills – Resolution 2021-132 6. Approve 2022 Regular Meeting Schedule 7. Adopt Resolution Declaring Polling Locations for 2022 – Resolution 2021-133 8. Approve Development Agreement for Crossroads-Launch Business Park – Resolution 2021-134 9. Approve Security Reduction for Boulder Ponds 5th Street 10. Approve Security Reduction for Boulder Ponds 3rd Addition December 7, 2021 City Council Meeting Page 2 of 5 11. Approve Royal 4th Addition Final Plat – Resolution 2021-135 12. Approve State of MN Joint Powers Agreement and Court Data Services Subscriber Amendment for City Attorney Prosecution Services – Resolution 2021-136 13. Approve Probationary POC Firefighter Promotion 14. Authorize Lake Jane AIS Grant 15. Approve Liquor License Renewals 16. Approve Therapeutic Massage License Renewal – Roxanne Fogard/Body & Soul 17. Approve Change Order No. 1 for Tamarack Farm Estates Street Improvements 18. Approve Compensating Change Order No. 2 for Tamarack Farm Estates Street Improvements 19. Approve Pay Request No. 5 (FINAL) for Tamarack Farm Estates Street Improvements 20. Approve Change Order No. 1 for 38th-39th Street Neighborhood Street and Utility Improvements 21. Approve Pay Request No. 5 for 38th-39th Street Neighborhood Street and Utility Improvements 22. Approve Pay Request No. 6 for Old Village Phase 5 and 6 Street and Utility Improvements 23. Approve Pay Request #1 (Final) for the 2021 Pavement Striping Project 24. Approve Pay Request #1 (FINAL) for the 2021 Seal Coat Project 25. Approve Release of Warranty Security for Inwood 1st and 2nd Additions. 26. Approve City Utility Oversize Cost Reimbursements for Hammes Estates 1st and 3rd Additions Councilmember Holtz, seconded by Councilmember Dorschner, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 27: Torre Pines Street and Utility Improvements City Engineer Griffin reviewed the project schedule, proposed improvements, total estimated cost and preliminary assessments. Questions presented in writing by the homeowners association were addressed. Councilmember Dorschner, seconded by Councilmember Holtz, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 -0. Cindy McGee, 8263 22nd Street N., stated that her questions were answered prior to the Ann Cohen, 8276 22nd Street N., expressed concern over potential costs to homeowners and deep wells that were installed at homeowner expense. Councilmember Holtz, seconded by Councilmember Dorschner, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Dorschner, seconded by Councilmember Beckstrom, moved TO ADOPT RESOLUTION NO. 2021-139 ORDERING THE IMPROVEMENTS FOR THE TORRE December 7, 2021 City Council Meeting Page 3 of 5 PINES STREET AND UTILITY IMPROVEMENTS AS OUTLINED IN THE FEASIBILITY REPORT APPROVED ON OCTOBER 19, 2021. Motion passed 5 – 0. ITEM 28: Whistling Pines Street and Utility Project City Engineer Griffin reviewed the project schedule, proposed improvements, total estimated cost and preliminary assessments. Councilmember Holtz, seconded by Councilmember Dorschner, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 -0. Mayor Cadenhead read written comments received from Paul Torgerson, Chad St. Germain, Diane Boyd, Heidi Westby and Jon Edebol. Councilmember Holtz read written comments received from Bill DeAgazio. Kurt Bartels, 9819 Whistling Valley Rd., commented on contamination levels in the neighborhood and stated support for keeping private wells for irrigation. Charlie Devine, 3724 Manning Ave. S., spoke on behalf of 9 property owners, asking for the vote to be postponed. Gregory D. Allen, 9620 Whistling Valley Tr., spoke in favor of the project. Darrin Cotter, 9360 Whistling Valley Trail, commented on the shared well in phase 3 of the neighborhood and stated support for the project due to public safety concerns if other neighbors support it as well. Michelle Schumacher, 9607 Whistling Valley Tr., stated support for the project. Diana Hipple, 9607 Whistling Valley Tr., spoke in favor of the project due to public safety and water quality. Councilmember Dorschner, seconded by Councilmember Holtz, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Dorschner, seconded by Councilmember McGinn, moved TO ADOPT RESOLUTION NO. 2021-140 ORDERING THE IMPROVEMENTS (4/5TH VOTE REQUIRED) FOR THE WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS AS OUTLINED IN THE FEASIBILITY REPORT APPROVED ON OCTOBER 19, 2021. Motion passed 5 – 0. ITEM 29: 2022 General Fund Budget and 2022 Final Property Levy Certification Finance Director Magureanu presented the proposed budget and levy information for 2022, noting the historical tax rates for Lake Elmo and tax rates of surrounding and similar communities. December 7, 2021 City Council Meeting Page 4 of 5 Councilmember Holtz, seconded by Councilmember McGinn, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 – 0. Cliff Buelow, 12187 Marquess Lake Cove, expressed concern over the proposed tax increase and noted efficiencies that could be implemented to save money. Don Morose, 8095 59th Street N., commented on the proposed tax increase. Councilmember Holtz, seconded by Councilmember Dorschner, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Dorschner, seconded by Mayor Cadenhead, moved TO REOPEN THE PUBLIC HEARING. Motion passed 5 – 0. Mayor Cadenhead read written comments regarding the budget received from Ann Bucheck, 2301 Legion Ave. N. Councilmember Holtz, seconded by Councilmember Beckstrom, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Holtz, seconded by Councilmember McGinn, moved TO APPROVE RESOLUTION 2021-137 A RESOLUTION ADOPTING THE 2021 TAX LEVY COLLECTIBLE IN 2022 AND ADOPTING THE 2022 GENERAL FUND BUDGET”. Motion passed 5 – 0. Councilmember Holtz, seconded by Councilmember McGinn, moved TO ADOPT RESOLUTION 2021-183 ADOPTING 2022 WATER, SEWER AND STORM WATER FUND BUDGETS. Motion passed 5 – 0. ITEM 30: 2022 Fee Schedule Finance Director Magureanu noted updates to the fee schedule that would go into effect in 2022. Councilmember Holtz, seconded by Councilmember Beckstrom, moved TO ADOPT ORDINANCE 2021-002 ADOPTING THE 2022 CITY OF LAKE ELMO FEE SCHEDULE. Motion passed 5 – 0. Councilmember Holtz, seconded by Councilmember Beckstrom, moved TO ADOPT RESOLUTION 2021-141 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 2021-002. Motion passed 5 – 0. ITEM 31: 2022 – 2026 Capital Improvement Plan Finance Director Magureanu presented a brief overview of the 2022-2026 Capital Improvement Plan. December 7, 2021 City Council Meeting Page 5 of 5 Councilmember Dorschner, seconded by Councilmember McGinn, moved TO APPROVE THE 2022-2026 CAPITAL IMPROVEMENT PLAN. Motion passed 5 – 0. ITEM 32: Applewood Pointe Preliminary Plat Approval Planning Director Just reviewed the request for an extension of time for submitting the final plat. Councilmember Dorschner, seconded by Councilmember McGinn, moved TO APPROVE THE REQUESTED TIME EXTENSION TO JUNE 30, 2022 TO SUBMIT THE FINAL PLAT FOR APPLEWOOD POINTE. Motion passed 5 – 0. ITEM 33: 2022 LMCIT Renewal Assistant Administrator Dickson provided an overview of the League of Minnesota Cities Insurance Trust renewal. Councilmember Dorschner, seconded by Councilmember Holtz, moved TO APPROVE MAINTAINING THE CURRENT $1,000 DEDUCTIBLE FOR THE CITY’S PROPERTY AND LIABILITY INSURANCE, AND AUTHORIZE ELECTION TO NOT WAIVE THE STATUTORY TORT LIMITS. Motion passed 5 – 0. COUNCIL REPORTS Councilmember Beckstrom: Reported on the Cable Commission meeting. Councilmember Holtz: Provided an update on the Airport Committee. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Provided updates on the White Bear Lake water issue, water supply plan, Ideal Avenue project, LMC housing and building permit fee group. Finance Director Magureanu: Reported on bond funds received. City Engineer Griffin: Reported on projects out for bid. Meeting adjourned at 11:25 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Charles Cadenhead, Mayor _______________________________ Julie Johnson, City Clerk DATE: January 4, 2022 CONSENT TO: City Council FROM: Fire Chief Dustin Kalis AGENDA ITEM: Month End Fire Department Update for November 2021 REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL Review month end activity update from fire department. PROPOSAL DETAILS/ANALYSIS: We had 49 calls in November: 31 Medical Incidents 4 Dispatched and Cancelled En Route 5 Motor Vehicle Accident w/ Injuries 1 Assist Law Enforcement 2 Public Service 5 Fire Alarm Activation 1 No Incident Found on Arrival 49 Total Incidents through November 2021: 504 (2020 YTD: 507) Our average response time was 8.8 minutes from alarm to arrival. 15 calls had 3 or less responders minus the Duty Officer with 5 calls having only 1 personnel on the first due apparatus. Drills and Activities for the Month: #1 – Training Drill: Auto Extrication #2 – Officers Meeting #3 – Engineer Training #4 – Training Drill: Firefighter Survival / MAYDAY Fire Inspection Activity: 32 Business Fire Inspection & Preplan 21 Fire Alarm / Sprinkler Inspection 2 Key Box Install / Update 2 Incident Follow-Up 1 Data Request 1 Burn Permits Part Time Staff Accomplishments: - Cleaning and general maintenance at Station #1 and Station #2. - Vehicle and equipment inspections. - Assisted with Burn Permit applications. - Vehicle repairs as possible. - Equipment repairs and maintenance. - Continued decontamination of apparatus and stations. MAYOR AND COUNCIL COMMUNICATION DATE 12/28/2021 CONSENT AGENDA ITEM: Public Works Director Report SUBMITTED BY: Marty Powers, Public Works Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities that have taken place in the Public Works Department in the month of November 2021. PROPOSAL DETAILS/ANALYSIS: STREETS • ROW brush/tree removal continues • Grade all gravel roads – preparing them for freeze up • Continue with sign replacement • Completed fall street sweeping • Completed walkthrough at Hidden Meadows • Install neighborhood watch signs in Savona • Staff participated in an annual OSHA Snow Plow Driving Training • Completed removing around one dozen Very Large trees in Park and ROW WATER • Continue dropping off around 40 new construction meters • Discovered many houses have no water meter in Discovery Crossing, a plan is in place to correct this issue SEWER • Shut down and abandon 34th st lift station • Clean and Vac out 94 lift SURFACE WATER • Continue marking surface water devices with signs on posts PARKS • This year’s first Sunfish Lake Park deer hunt was a success with the harvesting of 44 deer between Sunfish Lake Park and Lake Elmo Park Preserve • Continue trimming trees on all trails- asphalt and hiking • Added a few no hiking signs on sunfish lake park trails • Blew leaves out of all playgrounds and mulch excessive leaves on city lawns • Remove Pickleball nets FACILITIES • Repaired parking lot lights at PW shop • Set up and take down voting equipment City Council Meeting Date Consent/Regular Agenda Item #__ Page 2 SAFETY COMMITTIEE • November’s Safety Committee meeting reviewed one incident, discussed winter slip fall prevention, discussed adding the building dept staff to the Safe Assure OSHA trainings and planned for changing of committee members in 2022 • MONTHLY COUNCIL UPDATE Month_____November______Year__2021__ Quantity WATER Gallons of water pumped 13,369,000 Number of meters installed or changed out 44 Number of gate valves exercised N/A Number of hydrants flushed 0 SEWER Feet of sanitary jetted 0 Number of Locates 590 PARKS Hours spent collecting park garbage 28 Hours spent dragging ball fields 0 Yards of wood chips spread 0 STORMWATER Number of MS4 devices inspected 0 Feet of Stormwater jetted 0 Number of Stormwater Sumps Cleaned 0 STREETS Tons of ashpalt mix used 0 Miles of ditches mowed 15 Number of winter weather events attended to 1 Hours spent clearing snow from sidewalks 0 Tons of salt used 6 Feet of shouldering completed N/A Hours of tree trimming/removal 120 City Council Meeting Date Consent/Regular Agenda Item #__ Page 3 Hours replacing Street Signs 15 Gallons of fuel used 1188.1 RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the November 2021 Public Works Report. Accidents 24 Directed Patrol 1 Calls for Service 732 Arrests 1 WCSO 11/1/2021 820017130501 Citation CRIM-ASSAULT-DOMESTIC- INFLICT BODILY HARM-DOMESTIC ASSAULT Citations 43 WCSO 11/2/2021 820017130601 Citation CRIM-DOMESTIC ABUSE-VIOLATE NO CONTACT ORDER Written Warnings 1 WCSO 11/2/2021 820017130602 Citation DL-Drive After Revocation/DAR TOTALS 44 WCSO 11/3/2021 820017130701 Citation DWI - Fourth-Degree Driving While Impaired WCSO 11/22/2021 820026132601 Citation Drivers Licenses - Instruction Permit Violation- Under 18 Yrs must be supervised. WCSO 11/14/2021 820017131801 Written Warning Wireless Comm Device-Initiate, compose, send, retrieve, read electronic message WCSO 11/19/2021 820029132305 Citation DL-Drive After Revocation/DAR WCSO 11/20/2021 820029132406 Citation MOV-Speed-Exceed 65 mph- Expressways WCSO 11/26/2021 820029133003 Citation DL-Drive After Suspension/DAS WCSO 11/26/2021 820029133005 Citation DL-Driving w/o Valid MN Drivers License/More than one DL/Wrong Class WCSO 11/26/2021 820029133007 Citation MOV-Speed-Exceed 65 mph- Expressways WCSO 11/21/2021 820001132502 Citation MOV-Speed-Exceed Limit WCSO 11/25/2021 820051132901 Citation Domestic Abuse - Violate Order for Protection WCSO 11/1/2021 820033130501 Citation MOV-Speed-Exceed 55 mph WCSO 11/2/2021 820033130601 Citation MOV-Stop Sign Violation WCSO 11/12/2021 820000025373 Citation DWI - Operate Motor Vehicle Under Influence of Alcohol WCSO 11/12/2021 820000025372 Citation MOV-Speed-Exceed Limit WCSO 11/12/2021 820000025371 Citation Wireless Comm Device-Second or Subsequent Offense WCSO 11/13/2021 820000029179 Citation Wireless Comm Device-Initiate, compose, send, retrieve, read electronic message WCSO 11/2/2021 820004130601 Citation DL-Drive After Revocation/DAR WCSO 11/9/2021 820019131301 Citation DL-Drive After Suspension/DAS WCSO 11/27/2021 820017133101 Citation CRIM-ASSAULT-DOMESTIC- INFLICT BODILY HARM-DOMESTIC ASSAULT WCSO 11/29/2021 820001133301 Citation CRIM-ASSAULT-DOMESTIC- INFLICT BODILY HARM-DOMESTIC ASSAULTWCSO11/9/2021 820004131301 Citation DL-Drive After Revocation/DAR WCSO 11/15/2021 820004131901 Citation LE - Winter Parking-date/time violation WCSO 11/15/2021 820004131902 Citation LE - Winter Parking-date/time violation WCSO 11/17/2021 820004132101 Citation MOV-No Insurance-Owner Violation WCSO 11/22/2021 820004132501 Citation MOV-Speed-Exceed Limit WCSO 11/24/2021 820004132801 Citation MOV-Speed-Exceed Limit WCSO 11/24/2021 820004132802 Citation LE - Winter Parking-date/time violation WCSO 11/24/2021 820004132803 Citation LE - Winter Parking-date/time violation WCSO 11/24/2021 820004132804 Citation LE - Winter Parking-date/time violation WCSO 11/24/2021 820004132805 Citation LE - Winter Parking-date/time violation WCSO 11/24/2021 820004132806 Citation LE - Winter Parking-date/time violation WCSO 11/25/2021 820004132902 Citation LE - Winter Parking-date/time violation WCSO 11/25/2021 820004132903 Citation LE - Winter Parking-date/time violation WCSO 11/25/2021 820004132904 Citation LE - Winter Parking-date/time violation WCSO 11/25/2021 820004132905 Citation LE - Winter Parking-date/time violation WCSO 11/16/2021 820004132001 Citation CRIM-RECEIVING STOLEN PROPERTY WCSO 11/24/2021 820004132807 Citation DL-Drive After Revocation/DAR WCSO 11/28/2021 820007133201 Citation DL-Drive After Revocation/DAR WCSO 11/28/2021 820007133202 Citation Drivers Licenses - Instruction Permit Violations - Persons 18 Years or Older - RequirementsWCSO11/29/2021 820004133301 Citation MOV-Speed-Exceed 55 mph WCSO 11/15/2021 820013131901 Citation DL-Drive After Suspension/DAS 911 ABANDONED/HANGUP/OPEN LINE 22 ALARM-BUSINESS/RES/FIRE/MEDICAL/ETC 32 MEDICAL 31 CIVIL MATTER/DISPUTE 5 LOCKOUT 1 THEFT 10 DRIVING COMPLAINT 13 DEATH 2 FOLLOW UP 20 CITIZEN/PUBLIC ASSIST 16 TRAFFIC COMPLAINT 7 TRAFFIC STOP 24 SUSPICIOUS PERSON/ACTIVITY 39 DOMESTIC ASSAULT 5 DUMPING COMPLAINT 2 NOISE COMPLAINT/DISTURBANCE 4 BURGLARY 2 MISSING PERSON 2 DISORDERLY CONDUCT 1 ACCIDENT 25 DANCO VIOLATION 1 VEHICLE TAMPERING 2 ROBBERY 1 LOST PROPERTY/ITEM 1 THEFT FROM MOTOR VEHICLE 2 WELFARE CHECK 9 OTHER 1 DISTURBANCE 5 VEHICLE UNLOCK 4 HARASSMENT 4 FRAUD/SCAM 3 ANIMAL COMPLAINT 17 HUNTING COMPLAINT 1 CPS REFERRAL - SCREENED OUT 3 FIGHT 2 DRUGS 1 SCHOOL/STUDENT ISSUE 1 ASSIST OTHER AGENCY 3 THREATS 2 CHILD CUSTODY 2 PROPERTY DAMAGE 1 ROAD HAZARD 1 PUBLIC WORKS CONCERN 3 OVERDOSE 1 BURNING COMPLAINT 1 RECOVERED STOLEN 1 INCIDENT 1 JUVENILE COMPLAINT 1 ABANDONED VEHICLE 2 WARRANT ARREST 3 DWI 1 PARKING COMPLAINT 6 PARKING VIOLATION 9 DOMESTIC-VERBAL ABUSE 4 MENTAL HEALTH CRISIS/EVAL/ASSIST 1 FIRE 1 SUICIDE ATTEMPT/THREATS OF 1 DIRECTED PATROL 1 DEER TAG 2 FPI REFERRAL 1 CPS REFERRAL - SCREENED IN 1 COUNTERFEIT/FORGERY 1 22 323151101322016724 3952422125121129154431713211322113111112316941111211121112111111 0 5 10 15 20 25 30 35 40 45 911 ABANDONED/HANGUP/OPEN LINE MEDICAL LOCKOUT DRIVING COMPLAINT FOLLOW UP TRAFFIC COMPLAINT SUSPICIOUS PERSON/ACTIVITY DUMPING COMPLAINT BURGLARY DISORDERLY CONDUCT DANCO VIOLATION ROBBERY THEFT FROM MOTOR VEHICLE OTHER VEHICLE UNLOCK FRAUD/SCAM HUNTING COMPLAINT FIGHT SCHOOL/STUDENT ISSUE THREATS PROPERTY DAMAGE PUBLIC WORKS CONCERN BURNING COMPLAINT INCIDENT ABANDONED VEHICLE DWI PARKING VIOLATION MENTAL HEALTH CRISIS/EVAL/ASSIST SUICIDE ATTEMPT/THREATS OF DEER TAG CPS REFERRAL -SCREENED IN MOTOR VEHICLE THEFT CSC/RAPE/SEXUAL ASSAULT OFFICER INFORMATION INDECENT EXPOSURE IDENTITY THEFT SHOPLIFTING Lake Elmo Incidents November 2021 MOTOR VEHICLE THEFT 2 MOTORIST ASSIST 1 CSC/RAPE/SEXUAL ASSAULT 1 RUNAWAY 1 OFFICER INFORMATION 2 DISABLED VEHICLE 1 INDECENT EXPOSURE 1 GAS DRIVE OFF 1 IDENTITY THEFT 1 TRESPASSING 1 SHOPLIFTING 1 STAFF REPORT DATE: January 4, 2022 CONSENT TO: Mayor and City Council FROM: Sam Magureanu, Finance Director AGENDA ITEM: Designate the Official Depositories of Funds – Resolution 2022-001 BACKGROUND: Pursuant to State Statute 427.01 et seq, the City Council is respectfully being asked to designate official depositories for 2022. Based upon past practice as well as current and likely future needs, it is recommended that the following be designated as the official depositories for the City of Lake Elmo for 2022: • Lake Elmo Bank • First Resource Bank • US Bank N.A. • Wells Fargo Bank • 4M Fund • Prudent Man Advisors, Inc. • PMA Securities, Inc. • PMA Financial Network, Inc. • Wells Fargo Advisors • Wells Fargo Securities • Northland Securities Inc. • UBS Financial Services QUESTION BEFORE THE CITY COUNCIL: 1) Should the City Council adopt the resolution as attached? FISCAL IMPACT: Designation of official depositories helps to ensure compliance with MN State Statute and that the resources entrusted to the City are maintained in official financial institutions. OPTIONS: 1) Approve the attached resolution designating the official depositories as listed. 2) Amend and then approve the attached resolution designating the official depositories. RECOMMENDATION: 1) Adopt Resolution No. 2022-001; Designate the Official Depositories of Funds for 2022. ATTACHMENTS: 1) Resolution No. 2022-01; Designate the Official Depositories of Funds for 2022. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-001 A RESOLUTION TO DESIGNATE THE OFFICIAL DEPOSITORIES OF FUNDS FOR 2022 WHEREAS, Minnesota Statutes, Chapter 427, requires the adoption of certain policies and procedures pertaining to the deposit of public funds; and WHEREAS, the statute also requires the designation of an official depository of funds by a local government each year within 30 days of the beginning of the fiscal year. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following financial institutions are hereby designated as the Official Depositories of Funds for 2022: • Lake Elmo Bank • First Resource Bank • US Bank NA • Wells Fargo Bank • 4M Fund • Prudent Man Advisors, Inc. • PMA Securities, Inc. • PMA Financial Network, Inc. • Wells Fargo Advisors • Wells Fargo Securities • Northland Securities Inc. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 4th DAY OF JANUARY 2022. CITY COUNCIL CITY OF LAKE ELMO By: _ Charles Cadenhead Mayor ATTEST: Julie Johnson City Clerk DATE: January 4, 2022 CONSENT AGENDA ITEM: Designate Official Publication Newspaper of Record SUBMITTED BY: Julie Johnson, City Clerk BACKGROUND: Pursuant to Minn. State Statute § 412.831, the City Council is to select an official newspaper of record for legal publications. From a financial and timeliness perspective, City Staff has had an effective working relationship with the Stillwater Gazette as its official newspaper for the past several weeks. The Stillwater Gazette meets all statutory requirements for legal publications, has a reasonable publication schedule/deadline for submission, and its rates for publication are very competitive. ISSUE BEFORE COUNCIL: What newspaper should the City use for official publications? PROPOSAL: The City Council is asked to select an official newspaper. RECOMMENDATION: The City Council is respectfully requested to designate Stillwater Gazette as the City’s official newspaper of record for 2022. The Stillwater Gazette publishes weekly and is readily available to residents, therefore staff recommends choosing the Stillwater Gazette. As part of its consent agenda, no specific motion is required. Should council choose to remove this item from its consent agenda, the recommended motion for this action is as follows: “Move to adopt Resolution 2022-002 designating the Stillwater Gazette as the official newspaper of record for 2022.” CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-002 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY’S OFFICIAL NEWSPAPER WHEREAS, Minnesota Statutes Section 412.831 states that a city council shall annually at its first meeting of the year, designate a local newspaper of general circulation in the city as its official newspaper for the publication of ordinances and other matters that are required by law and deemed advisable by the council to be published; and WHEREAS, the Stillwater Gazette is a newspaper of general circulation in the City and the City wishes to designate it as its official newspaper. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the following: That the City’s official newspaper is the Stillwater Gazette. This resolution was adopted by the City Council of the City of Lake Elmo on this 4th day of January, 2022. _____________________________ Charles Cadenhead, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk DATE: January 4, 2022 CONSENT AGENDA ITEM: Designate Data Practices Officials and Approve City’s Data Practices Policy SUBMITTED BY: Julie Johnson, City Clerk BACKGROUND: MN Statute 13.05 requires the government entity’s Responsible Authority to annually update the City’s Data Practices Policy and make any changes necessary to maintain the accuracy of the document. The policy identifies the types of data the City maintains and how each type of data is classified. In addition, the policy provides for written procedures to ensure data requests are received and complied with in an appropriate, permitted, and prompt manner. The City is required to have two officers to administer responsibilities set forth in the act. The required officers are the Responsible Authority and the Compliance Officer, who by state statute can be, and often are, the same person within a government entity. The Responsible Authority is responsible for collection, use and dissemination of any set of data. The Compliance Officer handles questions or issues with regard to data access. Both of these officials are required to be named specifically, not just as a responsibility assigned to a position. ISSUE BEFORE COUNCIL: Who should the Council appoint as the City’s Data Practices Responsible Authority and Compliance Officer? PROPOSAL: The City Council is asked to appoint Data Practices Officials and approve the Data Practices Policy. OPTIONS: City Clerk Johnson is currently the City’s Data Practices Responsible Authority and Compliance Officer. In the past, the City Clerk and Deputy Clerk have been appointed to fill these roles. RECOMMENDATION: The City Council is respectfully requested to approve Resolution 2022-003, Designating the City’s Data Practices Officials and Approving City’s Data Practices Policy. There are no changes from the prior Data Practices Policy other than updates to the dates. As part of its consent agenda, no specific motion is required. If Council wishes to remove this item from the consent agenda, the recommended motion is as follows: “Move to adopt Resolution 2022-003 Designating City’s Data Practices Officials and Approving City’s Data Practices Policy” ATTACHMENTS: • Resolution 2022-003 • City of Lake Elmo Data Practices Policy 2022 DATA PRACTICES CLASSIFICATION OF GOVERNMENT DATA Page 1 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 ACCESS TO DATA BY THE PUBLIC Access To Data By The Public While some data maintained by the city is data about individuals, which is presumed to be private, the broader assumption about government data in general is that it is public, and should be readily available to anyone who asks for it. Failure to disclose information that is public is a violation of data practices laws. Any person (individual or non-individual) can have access to public data simply by making a request to the responsible authority that has jurisdiction over the data. The person has the right to inspect and copy the data at reasonable times and places, and, if the person so requests, will be informed of the data’s meaning. Inspection of Data There is no fee for inspecting the data (Minn. Stat. Sec. 13.03, subd. 3.) Inspection includes visual inspection of the information in paper or some other medium, such as on the website. Inspection does not include printing copies, unless printing a copy is the only way to inspect the data. For data stored in electronic form and available to the public through electronic remote access, inspection includes allowing the public to have access to the data so that they can print or download the data from their own computer equipment. The responsible authority may charge a reasonable fee for remote access to data if there is a specific statutory grant of authority. Data with Commercial Value When data requested by the public include data that have commercial value (such as a formula, pattern, compilation, program, device, method, technique, etc) and a substantial and discrete portion of the data was developed with a significant expenditure of public funds, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying and compiling the copies (Minn. Stat. Sec. 13.03, subd. 3(d)). Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. Computer Storage Medium Page 2 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 If the requested data is maintained in a computer storage medium, the responsible authority must provide a copy of the data contained in that medium in electronic form if the city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)). Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city should, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information. CLASSIFICATIONS OF GOVERNMENT DATA Classifications of Government Data The Minnesota Government Data Practices Act defines Government Data as all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use (Minn. Stat. Sec. 13.02, subd. 7). Government Data are separated into classifications and the classification of data determines their accessibility by the public. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit A. Data On Individuals Data on individuals are defined as government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data is not accessed by the name or other identifying data of any individual. There are three classifications of data on individuals : • Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees. Page 3 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 • Private -- This is data about individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data. • Confidential -- This is data about individuals that even the individuals themselves cannot be told, e.g., information from an investigation about welfare fraud or in adoption records. Note, however, that even if the confidential data itself cannot be disclosed to individuals, individuals do retain the right to know whether an agency is maintaining confidential data about them. Confidential information may be given to people who are authorized access by federal, state or local law or court order or people within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Data Not On Individuals Data not on individuals are government data about non-individuals, such as organizations including partnerships, corporations, associations, etc. • Public -- This is data about non-individuals, such as businesses, which can be disclosed to anyone for any purpose, e.g., names of vendors who have contracts with the city. • Private -- This is data about non-individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data, e.g., certain financial information about businesses. • Protected Non-public -- This is data about non-individuals, which is available only to government entities with a legal right to know it. A corporation being investigated for fraud, for example, would not have a right to the information being collected during the investigation. Information Technology Policy Information Policy Compliance and Consequences Page 4 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 All City of Lake Elmo users, including employees, volunteers and contractors, who have rights to access or modify city information in any media, or who use city computers, business applications or electronic communication resources, must comply with Lake Elmo Information Policy, the federal Health Insurance Portability and Accountability Act (HIPAA), the Minnesota Government Data Practices Act and all other laws or rules governing the protection of data. Failure to comply is grounds for sanction and/or disciplinary action up to and including termination of employment, cancellation of contract and/or loss of resource privileges. Failure to comply may also result in notification to law enforcement officials and regulatory, accreditation and licensure organizations. Use of any City of Lake Elmo information technology devices will be limited to employees. All files of any kind, including electronic mail disseminated or received utilizing city devices or software or which resides on computers within the City of Lake Elmo should not be considered as private and employees shall have no expectation of privacy. The contents of electronic mail will not normally be monitored, censured, or otherwise examined unless there is reason to believe the usage is being abused. City investigations, law enforcement investigations, or court order or data practices request may require the examination and release of any file or document, including electronic files such as electronic mail. Electronic Mail (Email): Purpose of Email: the email system is a tool to be used for matters directly related to the business activities of city employees and as a means to further the mission by providing services that are efficient, accurate, timely and complete. Public Nature of Email: email is a public record like any other public document. Email may be searched for evidence in any legal proceeding. By using the email system, the employee consents that in the event of suspicious activity their email system may be searched for evidence gathering purposes. E-mail messages are subject to regulation under the Minnesota Data Practices Act. As such, all e-mails unless private (content determines public or private) should be considered public information. Policy: employees are responsible for adhering to business standards when email is created, sent, forwarded or saved. Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If it is a critical e-mail Page 5 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 correspondence, it should be saved as a hard copy or as a text file and moved to the server. Delete all inbox, sent, and deleted messages that are no longer needed. Members of the Public Right to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. The Data Practices Act also provides that the City of Lake Elmo must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that the City of Lake Elmo keeps, make a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request for data by mail, using the data request form on page ten. If you choose not to use the data request form, your written request should include: 1. that you, as a member of the public, are making a request for data under the Data Practices Act, Minnesota Statutes, Chapter 13; 2. whether you would like to look at the data, get copies of the data, or both; and 3. a clear description of the data you would like to inspect or have copied. The City of Lake Elmo cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In Page 6 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your written request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you in writing as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: 1) Arrange a date, time, and place to inspect data, for free, if your request is to view the data, or 2) Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide you with an explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. The Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a Page 7 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 means to gain access to private or confidential data. The City of Lake Elmo will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request – you may use the data request form on page ten – we will respond within ten business days with the data or details of when the data will be ready and what the cost will be. Data Subjects Data about You The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: if you are an employee of a government entity, the fact that you work for the entity, and your job title and bargaining unit is public. Private data: We cannot give private data to the general public, but you have access when the data are about you. The following is an example of private data about you: your Social Security number. We can share your private data with you, with someone who has your permission, with City of Lake Elmo staff who need the data to do their work, and as permitted by law or court order. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. The following is an example of confidential data about you: if you register a complaint with a government entity concerning violations of state laws or local ordinances concerning the use of real property, your identity is confidential. Page 8 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 We can share confidential data about you with City of Lake Elmo staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. Your Rights under the Data Practices Act The City of Lake Elmo must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Your Access to Your Data: You have the right to view (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City of Lake Elmo not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we Collect Data from You: When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the Page 9 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 consent form we provide. Protecting your Data: The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When your Data are Inaccurate and/or Incomplete: You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data, or request copies of data that the City of Lake Elmo keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page ten. You may make your written request by mail using the data request form on page twelve. If you choose not use to use the data request form, your written request should include: 1. That you are making a request, under the Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you; 2. Whether you would like to inspect the data, have copies of the data, or both; 3. A clear description of the data you would like to inspect or have copied; and 4. Identifying information that proves you are the data subject, or data subject’s parent/guardian. The City of Lake Elmo requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity document located on page thirteen. How We Respond to a Data Request Once you make your written request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. • If we do not have the data, we will notify you in writing within 10 business days. Page 10 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 • If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data. • If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: 1. Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or 2. Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide additional explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data. Page 11 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 CITY OF LAKE ELMO Data Practices Contacts Responsible Authority Julie Johnson, City Clerk 3800 Laverne Avenue North Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 jjohnson@lakeelmo.org Data Practices Compliance Official Julie Johnson, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 jjohnson@lakeelmo.org Page 12 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 Copy Costs – Members of the Public The City of Lake Elmo charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). Copies must be paid for prior to receiving. For 100 or Fewer Paper Copies – 25 Cents per Page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Most Other Types of Copies – Actual Cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies will be calculated at the actual hourly rate of the employee. Copy Costs - Data Subjects The City of Lake Elmo charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. Copies must be paid for prior to receiving. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the Page 13 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 copies. The cost of employee time to make copies will be calculated at the actual hourly rate for the employee. City of Lake Elmo Data Request Form – Members of the Public Date of request: _____________ I am requesting access to data in the following way: Note: inspection is free, for copies the City of Lake Elmo charges $0.25 per page for 100 or fewer one-sided pages of black and white, letter or legal size paper copies cost or 50¢ for a two-sided copy. ⎕ Inspection ⎕Copies ⎕ Inspection and copies These are the data I am requesting: Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Name: _______________________________________________________________________ Page 14 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 Address: ______________________________________________________________________ Phone number: _______________________ Email address: ____________________________ You do not have to provide any of the above contact information. However, if you want us to mail you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. City of Lake Elmo Data Request Form – Data Subjects Date of request: _____________ To request data as a data subject, you must show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. I am requesting access to data in the following way: ⎕ Inspection ⎕Copies ⎕ Inspection and copies Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is calculated at the actual hourly rate of the employee. Description of data requested: Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Page 15 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 Contact Information Data subject name______________________________________________________________ Parent/Guardian name (if applicable) _______________________________________________ Address______________________________________________________________________ Phone number_____________________ Email address________________________________ Signature of Data Subject or Parent/Guardian_________________________________________ Staff Verification Identification provided___________________________________________________________ Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as • state driver’s license • military ID • passport • Minnesota ID • Minnesota tribal ID A minor individual must provide a valid photo ID, such as • state driver’s license • military ID • passport • Minnesota ID • Minnesota Tribal ID • Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a certified copy of the minor’s birth certificate or a certified copy of documents that establish the parent or guardian’s relationship to the child, such as • court order relating to divorce, separation, custody, foster care • foster care contract Page 16 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 • affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as • court order(s) • valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. CITY OF LAKE ELMO NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES, OR OTHER MUNICIPAL ACTION 1. If you are requesting municipal action on any request for any of the above, you will be required to furnish certain information about yourself, the project you are involved in, or other matters pertaining to the application. Some of the information you are asked to provide is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. 2. The purpose of this information is to enable the City of Lake Elmo or other government agencies to evaluate relevant factors in considering your request. You are not legally required to provide this information. If you do not provide the requested information, the City may not act upon your request. 3. The information you supply will be public and available to any entity requesting to inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING Page 17 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 REQUIRED BY MINNESOTA STATUTES CHAPTER 13.04 BY _______________________________________________ COMPANY/TITLE: ________________________________ ___________________________________________________ NON-PUBLIC DATA MAINTAINED BY CITY (EXHIBIT A) 1. Personnel Data (Private) Minn. Stat. §13.43 All data on all individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission is private, except the following which is public: • Name • Employee identification number (not the employee's Social Security number) • Actual gross salary • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job description, job title and bargaining unit • Education and training background • Relevant test scores and rank on eligible list Page 18 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 • Previous work experience • Date of first and last employment • Veteran status • The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in discipline • Final disposition of any disciplinary action, together with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the city • Terms of any agreement settling any dispute arising from the employment relationship, including a “buyout” agreement • Work availability • Work location • Work telephone number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee’s work time for payroll purposes, except to the extend that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other non-public data • Names and addresses of applicants for and members of an advisory board or commission • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person’s attorney when relevant to obtaining a restraining order, (2) a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. All other data is private but may be released pursuant to a court order. Data pertaining to an employee’s dependents are private data on individuals. 2. Property Complaint Data (confidential) Minn. Stat. §13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. Page 19 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 3. Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 4. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. 5. Trade Secret Information (Non-public) Minn. Stat. §13.37 Government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 6. Examination Data Minn. Stat. §13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 7. Elected Officials Correspondence (Private) Minn. Stat. §13.601 Correspondence between individuals and elected officials, but either may make it public. 8. Federal Contracts Data (Non-public) Minn. Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with the city, all government data collected and maintained by the city is classified as private Page 20 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 or nonpublic depending on whether the data are data on individuals or data not on individuals. 9. Civil Investigative Data Minn. Stat. §13.39 Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant’s statement is private. 10. Appraisal Data (Confidential or Non-public) Minn. Stat. §13.44 a. Estimated or appraised values of individual parcels of real property that are made by personnel of the city or by independent appraisers acting for the city for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. b. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from the city are classified as private data on individuals or nonpublic data. The data become public upon the occurrence of any of the following: The data are submitted to a court-appointed condemnation commissioner; The data are presented in court in condemnation proceedings; or The negotiating parties enter into an agreement for the purchase and sale of the property. 11. Personal and intangible property; appraisal data (Non-public) Minn. Stat. §13.44 Preliminary and final market value appraisals, which are made by personnel of the city or by an independent appraiser acting on behalf of the city, of personal and intangible property owned by the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is entered into; or (2) the parties negotiating the transaction exchange appraisals. 12. Social Security numbers (Private) Minn. Stat. §13.355 Page 21 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law. 13. Recreation/Social Programs Data (Private) Minn. Stat. §13.57 People enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business. 15. City Attorney Records Minn. Stat. §13.30 The use, collection, storage, and dissemination of data by the city attorney are governed by statues, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the “work product” privilege is confidential. 16. Electronic Access Data Minn. Stat. §13.15 Data created, collected, or maintained about a person's access to a city computer for the purpose of gaining access to data or information, transferring data or information are private data on individuals or nonpublic data. 17. Service Cooperatives Claims Data Minn. Stat. §13.43 Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to the city, and survey information collected from employees and employers participating in these Page 22 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. Page 23 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 Consent to Release – Request from a Government Entity Explanation of Your Rights You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed on this form. Before you give us permission to release the data, we encourage you to review the data listed on this form. You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. You have the right to ask us to explain the consequences for giving your permission to release the data. You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. If you have a question about anything on this form, or would like additional information or explanation, please contact Julie Johnson, City Clerk, 3880 Laverne Avenue North, Suite 100 Lake Elmo, Minnesota 55042; 651.747.3900 or jjohnson@lakeelmo.org, before signing. I, ____________________________________, give my permission for the City of Lake Elmo to release data about me to ________________________________ as described on this form. I understand that my decision to allow release of the data to _________________________________________ is voluntary. 1) The specific data that the City of Lake Elmo may release: ___________________________________________________________________________________________. 2) I understand the City of Lake Elmo wants to release the data for this reason: _________________________________________________________________________________________________. 3) I understand that although the data are classified as private at the City of Lake Elmo, the classification/treatment of the data at ___________________________ depends on laws or policies that apply to _____________________________. This authorization to release the data expires on _______________________________________________. Individual data subject’s signature _____________________________________________________ Date______________ Page 24 of 21 City of Lake Elmo Data Practices Policy 01/04/2022 Parent/guardian’s signature [if necessary] _________________________________________________ Date______________ CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-003 A RESOLUTION DESIGNATING CITY’S DATA PRACTICES OFFICIALS AND APPROVING CITY’S DATA PRACTICES POLICY WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data practices responsible authority and optional designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and BE IT FURTHER RESOLVED, that City Clerk Julie Johnson will be appointed to serve as the city’s data practices responsible authority and data practices compliance official. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FOURTH DAY OF JANUARY 2022. CITY COUNCIL CITY OF LAKE ELMO By: __________________________ Charles Cadenhead Mayor ATTEST: ________________________________ Julie Johnson City Clerk STAFF REPORT DATE: January 4, 2022 CONSENT TO: Mayor and City Council FROM: Sam Magureanu, Finance Director AGENDA ITEM: Designate the Authority to Make Electronic Funds Transfers BACKGROUND: Pursuant to State Statute 471.38, subd. 3 et seq, the City Council is respectfully being asked to delegate the authority to make electronic funds transfers for 2022. Based upon past practice as well as current practice, it is recommended that the following individuals be designated to make electronic funds transfers for the City of Lake Elmo for 2022: • Kristina Handt, City Administrator • Sam Magureanu, Finance Director QUESTION BEFORE THE CITY COUNCIL: 1) Should the City Council adopt the resolution as attached? FISCAL IMPACT: Designation of the authority to make electronic funds transfers helps to ensure compliance with MN State Statute. OPTIONS: 1) Approve the attached resolution delegating the authority to make electronic funds transfers as listed. 2) Amend and then approve the attached resolution delegating the authority to make electronic funds transfers as listed. RECOMMENDATION: 1) Adopt Resolution No. 2022-004; Designate the Authority to Make Electronic Funds Transfers. ATTACHMENTS: 1) Resolution No. 2022-004; Designate the Authority to Make Electronic Funds Transfers. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-004 A RESOLUTION TO DESIGNATE THE AUTHORITY TO MAKE ELECTRONIC FUNDS TRANSFERS WHEREAS, Minnesota Statutes, Chapter 471.38, Subd. 3, requires the adoption of certain policies and procedures pertaining to the electronic funds transfer of public funds; and WHEREAS, the statute also requires the delegation of authority to make electronic funds transfers by a local government each year; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following individuals are hereby designated to make electronic funds transfers for 2022: • Kristina Handt, City Administrator • Sam Magureanu, Finance Director ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 4th DAY OF JANUARY 2022. CITY COUNCIL CITY OF LAKE ELMO By: __________________________ Charles Cadenhead Mayor ATTEST: ________________________________ Julie Johnson City Clerk DATE: January 4, 2022 CONSENT AGENDA ITEM: Appoint City Attorney (civil and prosecution) SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Per City Code 31.01, at the first regular council meeting in January of each year the Council shall appoint a city attorney. In 2016, the city decided to separate civil and prosecution services. ISSUE BEFORE COUNCIL: Who should the Council appoint as City Attorney for civil matters and for prosecution services? PROPOSAL: Kennedy and Graven are currently serving as City Attorney in civil matters. Council approved a contract November 3, 2021 to have Eckberg Lammers begin serving as City Attorney for prosecution services in 2022. RECOMMENDATION: If removed from the consent agenda: “Move to appoint Eckberg Lammer as City Attorney for prosecution services and Kennedy and Graven as City Attorney for civil matters.” ATTACHMENTS: 2022 Rate Letter DATE: January 4, 2022 CONSENT AGENDA ITEM: Appoint City Engineer SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Per City Code 31.01, at the first regular council meeting in January of each year the Council shall appoint a city engineer. ISSUE BEFORE COUNCIL: Who should the Council appoint as City Engineer? PROPOSAL: In 2018 the Council approved a five year agreement with Focus Engineering for services. RECOMMENDATION: If removed from the consent agenda: “Move to appoint Mr. Jack Griffin, of Focus Engineering, Inc., as the official City Engineer and principal provider of professional engineering services for 2022.” ATTACHMENT: • 2022 Rate Letter                         December 20, 2021        Ms. Kristina Handt, City Administrator    City of Lake Elmo    3880 Laverne Avenue North    Lake Elmo, Minnesota 55042      Re:  FOCUS Standard Hourly Rate Schedule  Via Email    City of Lake Elmo, Minnesota       Dear Kristina:    Attached please find a copy of our Hourly Rate Schedule to be used for 2022. The billing rates are  consistent with the 2018‐2022 Hourly Rate Schedule established at the start of 2018. The only  changes from the 2021 billing rate schedule include the addition of Justin Moeller, a 2021 new  hire for field inspections, and the billing rate for Interns increased to $52 /hour.    We appreciate the continued opportunity to serve the City of Lake Elmo.  Please contact me  should you have any questions or concerns.      Sincerely,        John (Jack) W. Griffin, P.E.  Principal, Senior Municipal Engineer    Enclosure  Cc:  Julie Johnson, City Clerk    Sam Magureanu, Finance Director  Michael Kuehn, Accountant      FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283      FOCUS ENGINEERING, inc. – 2022 HOURLY RATE SCHEDULE         REV 12.26.2021                                 FOCUS ENGINEERING, inc.  2022 Hourly Rate Schedule      Standard Hourly Rates include salaries and wages paid to personnel in each staff position plus the  cost  of  customary  and  statutory benefits,  general  and  administrative  overhead,  non‐project  operating costs, and operating margin or profit.      Sr. Municipal Engineer III – Jack Griffin      $130 / hour   Sr. Municipal Engineer II – Cara Geheren      $120 / hour    Sr. Municipal Engineer I – Mark Scholle/Ryan Stempski      $113 / hour    Municipal Engineer III        $105 / hour   Municipal Engineer II – Chad Isakson         $97 / hour   Municipal Engineer I          $92 / hour    Project Engineer – Mike Rusenovich        $78 / hour   Graduate Engineer – Jeremy Stalcar        $70 / hour   Interns            $52 / hour    Senior Construction Field Engineer – Shane Olson/Justin Moeller                $110 / hour   Construction Field Engineer – Hyperion Consulting LLC (Dave Klocker)        $92 / hour        Reimbursable Expenses Schedule   Vehicle Mileage reimbursed at the current Federal IRS Rate. Mileage shall not be reimbursed  for any tasks performed under the General Engineering Retainer Services.   Identifiable printing and reproduction costs when incurred in the direct performance of the  City’s work.   Other expenses for items and services as may be required by the City to fulfill the terms of a  specific Task Order.    STAFF REPORT DATE: January 4, 2022 CONSENT TO: Honorable Mayor and City Council FROM: Jake Dickson, Assistant City Administrator AGENDA ITEM: Approving the Memorandum of Agreement between the State of Minnesota and Local Governments and Authorizing Participating in National Opioid Settlements BACKGROUND: The Minnesota Attorney General’s Office announced that an agreement had been reached that will govern how funds from recent settlements with opioid companies will be distributed in Minnesota. ISSUE BEFORE COUNCIL: Should the Council approve the Memorandum of Agreement? PROPOSAL DETAILS/ANALYSIS: Staff and counsel recommend that the attached resolution be adopted, approving the Memorandum of Agreement (MoA). Though the City is not entitled to receive local allocations under the settlement, there may be future grant programs with funding available for Cities who have approved the Memorandum of Agreement and participated in the settlements. FISCAL IMPACT: None. OPTIONS:  Approve the Memorandum of Agreement between the State of Minnesota Local Governments and Authorize Participating in National Opioid Settlements  Do not approve the MoA and do not participate in National Opioid Settlements RECOMMENDATION: If removed from the Consent Agenda “Motion to Approve the Memorandum of Agreement between the State of Minnesota Local Governments and Authorize Participating in National Opioid Settlements.” ATTACHMENTS:  Resolution no. 2022-005 Approving the Memorandum of Agreement between the State of Minnesota Local Governments and Authorize Participating in National Opioid Settlements  Memorandum of Agreement between the State of Minnesota Local Governments and Authorize Participating in National Opioid Settlements  Janssen Settlement Subdivision Participation Form  Distributor Settlement Subdivision Participation Form CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-005 A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Lake Elmo, and the County of Washington, that the City participate in the national opioid litigation settlements. NOW, THEREFORE, be it resolved by the City Council of the City of Lake Elmo, Minnesota: 1. Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Lake Elmo. 2. The City of Lake Elmo supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson. 3. The Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Lake Elmo. 4. City Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise participate in the national opioid settlements, including executing the Participation Agreement and accompanying Release. Adopted by the City Council January 4, 2022 City Administrator Mayor Attest: City Clerk 1 MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join; WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements and is intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement; and WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement. 2 I. Definitions As used in this MOA (including the preamble above): “Approved Uses” shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved Uses” shall include the reasonable administrative expenses associated with overseeing and administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. “Backstop Fund” is defined in Section VI.B below. “Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc. “Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state-specific agreement. “Counsel” is defined in Section VI.B below. “County Area” shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. “Governing Body” means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. “Legislative Modification” is defined in Section II.C below. “Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. “Local Abatement Funds” are defined in Section II.B below. “Local Government” means all counties and cities within the geographic boundaries of the state of Minnesota. “MDL Matter” means the matter captioned In re National Prescription Opiate Litigation, MDL 2804, pending in the United States District Court for the Northern District of Ohio. “Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids State-Subdivision Memorandum of Agreement. 3 “National Settlement Agreements” means the national opioid settlement agreements with the Parties and one or all of the Settling Defendants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. “Opioid Settlement Funds” shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. “Opioid Supply Chain Participants” means entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including their officers, directors, employees, or agents, acting in their capacity as such. “Parties” means the State and the Participating Local Governments. “Participating Local Government” means a county or city within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a “Participating Local Government.” “Region” is defined in Section II.H below. “Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement. “State” means the State of Minnesota by and through its Attorney General, Keith Ellison. “State Abatement Fund” is defined in Section II.B below. II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreements and any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such proportions and for such uses as set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or any Participating Local Government unless and until such time as each annual distribution is made. B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement funds established by Participating Local Governments (“Local Abatement Funds”). This initial allocation is subject to modification by Sections II.F, II.G, and II.H, below. 4 C. Statutory change. 1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State’s Opiate Epidemic Response Fund under Minnesota Statutes section 256.043, subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate Epidemic Response Fund (“Legislative Modification”).1 Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies. Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislation to achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Participating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General’s Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements. This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022. 1 It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in Exhibit A. 5 F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G. Effect of later statutory change. If the Legislative Modification described above takes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H. Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section II.B will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that (a) have a population of more than 30,000, based on the United States Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021. J. Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local 2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions. 6 Government shall be redistributed equitably based on the composition of the successor Local Government. In the event an allocation to a Local Government cannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full share or a portion of its full share of current or future annual distributions of settlement funds instead directed to the county or counties in which it is located, so long as that county or counties are Participating Local Governments[s]. Such an election must be made by January 1 each year to apply to the following fiscal year. If a city is located in more than one county, the city’s funds will be directed based on the MDL Matter’s Opioid Negotiation Class Model. III. Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receiving Opioid Settlement Funds through direct distribution shall create a separate special revenue fund, as described below, that is designated for the receipt and expenditure of Opioid Settlement Funds. B. Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C. Process for drawing from special revenue funds. 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be 7 placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV. Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and for expenditures incurred after the effective date of this MOA, unless execution of the National Settlement Agreements requires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B. Public health departments as Chief Strategists. For Participating Local Governments that have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate, and respond to local issues as Local Governments decide how to leverage and disburse Opioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi-sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence-informed approaches that prevent and address addiction across the areas of public health, human services, and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C. Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a new group or utilize an existing group (“Region”) to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. E. Consultation and partnerships. 1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the 8 county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about successful regional and other high-impact strategies and opioid treatment programs. V. Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties, utilizing the recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General’s Office, state stakeholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General’s Office, the Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota Cities that are on the Workgroup. VI. Backstop Fund A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation (“National Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”) to be used to compensate private attorneys (“Counsel”) for Local Governments that filed opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By 9 order3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments. Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements’ Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments’ share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements’ Contingency Fee Fund. E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund, 3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio August 6, 2021). 10 private attorneys must certify that they first sought fees from the National Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counsel for payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the term of the recovery from the National Settlement Agreements. In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney’s firm from the National Settlement Agreements’ Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding total payments awarded or anticipated from the National Settlement Agreements’ Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master’s determinations regarding 11 any payment from the Backstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Excess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B. J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation Settlement payments; or (b) until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any Litigating Local Government’s attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds. VII. General Terms A. Scope of agreement. This MOA applies to all settlements under the National Settlement Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do so. B. When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign on to the MOA through a letter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc. 12 their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C. Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA. E. Applicable law and venue. Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local Government to release all its claims against the Settling Defendants to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agreements or Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights. 13 I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments, except as expressly set forth herein. J. Signing and execution. This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format. Each Party represents that all procedures necessary to authorize such Party’s execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 14 This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed this ___day of ____________, ______ by: ____________________________________________ Name and Title: _______________________________ On behalf of: _________________________________ 1 EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs5 or strategies that may include, but are not limited to, those that:6 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder (“MOUD”)7 approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 2 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment. 3 B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 4 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MOUD, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 5 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 6 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with 7 neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MOUD, recovery services and supports, and prevention services for the perinatal population—or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant-caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 8. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 9. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. 8 PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. 9 G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health 10 workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 11 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 12 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 13 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids, seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation-to-care services for individuals with opioid use disorder who are encountered by the medical examiner’s office as either family and/or social network members of decedents dying of opioid overdose. 8. Epidemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 1 EXHIBIT B Local Abatement Funds Allocation Subdivision Allocation Percentage AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY 5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY 0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city 0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city 0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY 0.3325325415732% Burnsville city 0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY 0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY 0.6021779472345% Duluth city 1.1502115379896% Eagan city 0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FARIBAULT COUNTY 0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY 0.3507169823793% GOODHUE COUNTY 0.5616542387089% 2 Subdivision Allocation Percentage GRANT COUNTY 0.0764556498477% HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY 0.3099019273452% HUBBARD COUNTY 0.4582368775192% Inver Grove Heights city 0.2193400520297% ISANTI COUNTY 0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382% KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485% LAKE COUNTY 0.1827750320696% LAKE OF THE WOODS COUNTY 0.1123105027592% Lakeville city 0.2822249627090% LE SUEUR COUNTY 0.3225703347466% LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900% Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575% MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city 0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY 0.7178981419196% MOWER COUNTY 0.5801769148506% MURRAY COUNTY 0.1348775389165% NICOLLET COUNTY 0.1572381052896% NOBLES COUNTY 0.1562005111775% NORMAN COUNTY 0.1087596675165% North St. Paul city 0.0575844069340% OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703% 3 Subdivision Allocation Percentage PIPESTONE COUNTY 0.1535154503112% Plymouth city 0.1762541472591% POLK COUNTY 0.8654291473909% POPE COUNTY 0.1870129873102% Proctor city 0.0214374127881% RAMSEY COUNTY 7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614% RENVILLE COUNTY 0.2706888807449% RICE COUNTY 0.2674764397830% Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY 0.2043437335735% ROSEAU COUNTY 0.2517872793025% Roseville city 0.1721905548771% Savage city 0.1883576635033% SCOTT COUNTY 1.3274301645797% Shakopee city 0.2879873611373% SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% St. Cloud city 0.7330089009029% St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY 2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY 0.1439474275223% SWIFT COUNTY 0.1344167568499% TODD COUNTY 0.4180909816781% TRAVERSE COUNTY 0.0903964133868% WABASHA COUNTY 0.3103038996965% WADENA COUNTY 0.2644094336575% WASECA COUNTY 0.2857912156338% WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY 0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city 0.4677270171716% WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% 86 revised July 30, 2021 EXHIBIT K Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in theJanssen Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall, within 14 days of the Reference Date and prior to thefiling of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3.The Governmental Entity agrees to the terms of the Janssen Settlement pertaining toSubdivisions as defined therein. 4.By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable,monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the JanssenSettlement solely for the purposes provided therein. 6.The Governmental Entity submits to the jurisdiction of the court in the GovernmentalEntity’s state where the Consent Judgment is filed for purposes limited to that court’s roleas provided in, and for resolving disputes to the extent provided in, the JanssenSettlement. 7.The Governmental Entity has the right to enforce the Janssen Settlement as providedtherein. 87 revised July 30, 2021 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. 88 revised July 30, 2021 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ DISTRIBUTORS’ 9.3.21 EXHIBIT UPDATES K-1 EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Distributor Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein,and agrees that by signing this Participation Form, the Governmental Entity elects toparticipate in the Distributor Settlement and become a Participating Subdivision asprovided therein. 2.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any ReleasedClaims that it has filed. 3.The Governmental Entity agrees to the terms of the Distributor Settlement pertaining toSubdivisions as defined therein. 4.By agreeing to the terms of the Distributor Settlement and becoming a Releasor, theGovernmental Entity is entitled to the benefits provided therein, including, if applicable,monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6.The Governmental Entity submits to the jurisdiction of the court in the GovernmentalEntity’s state where the Consent Judgment is filed for purposes limited to that court’s roleas provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the NationalArbitration Panel as provided in, and for resolving disputes to the extent otherwiseprovided in, the Distributor Settlement. DISTRIBUTORS’ 9.3.21 EXHIBIT UPDATES K-2 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Distributor Settlement. DISTRIBUTORS’ 9.3.21 EXHIBIT UPDATES K-3 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ DATE: January 4, 2021 CONSENT TO: Honorable Mayor and City Council FROM: Jake Dickson, Assistant City Administrator AGENDA ITEM: Approve Job Description and Authorize Advertising for Full Time Firefighters REVIEWED BY: Chief Dustin Kalis BACKGROUND: The Lake Elmo Fire Department Operational Audit received in 2020 provided recommendations for reorganizing the Fire Department and future positions. One of those recommendations is to begin active recruitment of Full Time Firefighters in 2022, and begin the reorganization towards a full time department. ISSUE BEFORE COUNCIL: Should the City Council approve the job description and authorize advertising for Full Time Firefighters? PROPOSAL DETAILS/ANALYSIS: The Full Time Firefighter (FT FF) job description is included in your packet. The FT FF will perform fire suppression, rescue, emergency medical services, hazardous material incident mitigation, and fire prevention duties. This position also performs routine maintenance, training, analysis, and administrative duties. Recruiting two FT FF in 2022 will provide an additional 80 hours of public safety coverage, and is the first step towards establishing full coverage by the Lake Elmo Fire Department. Additional FT FF in future years will expand department coverage incrementally, ultimate providing 24/7 coverage once staffing and facilities are adequate. Since the Part Time Firefighter position was created in 2017, 21 PT have been hired and 16 have resigned. At least 5 Part Time Firefighters have resigned to join full time departments, and the average tenure of Part Time Firefighters is just under 9 months. Staff believes that the creation of the FT FF will aid in retention of qualified firefighters as well as provide savings as the cost to test and outfit a Part Time Firefighter is the same as a Full Time Firefighter. FISCAL IMPACT: Wages and benefits for two Full Time Firefighters are included in the 2022 budget at $90,977 each. OPTIONS: • Approve the job description and authorize advertising for Full Time Firefighters • Modify the job description and authorize advertising for Full Time Firefighters • Do not approve the job description and authorize advertising for Full Time Firefighters RECOMMENDATION: If removed from the Consent Agenda “Motion to Approve Job Description and Authorize Advertising for Full Time Firefighters.” ATTACHMENTS: • Full Time Firefighter Job Description • Job Posting City of Lake Elmo Job Title: Firefighter Department: Fire Status: Full-time regular position, Non-Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Department Officers and ultimately the Fire Chief. Supervisory Duties: Provides direction and training to paid-on-call (POC) firefighters. Position Details: This position protects life and property by performing fire suppression, rescue and emergency medical services, hazardous materials incident mitigation, and fire prevention. The firefighter maintains fire equipment, apparatus and facilities, participates in training; and performs intermediate troubleshooting and analysis, makes recommendations, and keeps records as required. This position makes decisions that are non-routine but within established precedence of choices; troubleshooting is intermediate; and financial impacts are isolated and managed. The Firefighter provides daily analytical and tactical support for the City's Fire Department operations and is responsible for a wide range of duties that need to be performed completely with attention to detail and in a timely fashion. Emergency Response / Essential Functions: • Performs firefighting activities including driving fire apparatus, operating pumps and related equipment, laying hose and performing fire suppression, containment, ventilation and extinguishing tasks. • Performs medical aid and rescue activities including administering first aid, operating EMS equipment such as monitor/defibrillator, portable suction units, etc., performing extrication and providing other assistance as required. • Performs salvage operations including removing excess water, shoveling out debris, patching windows and holes, placing tarps and performing other cleanup tasks as directed. • May take a limited leadership role during calls for service, as assigned by a supervisor. • Attends regular and assigned training, drills and meetings to maintain and upgrade skills including drills, demonstrations, and technique trainings. • Responds to emergency call backs as required. Serves on standby crew and/or duty crew as assigned. • Keeps department Officers advised of emergency call response and fire suppression developments. • Administers or participates in projects and administrative duties as assigned. Makes suggestions and participates in Fire Department training, operations, and initiatives as assigned. Equipment/Maintenance: • Inspects and maintains fire apparatus, equipment, station, and grounds, as directed, following departmental procedures. • Completes proper check lists, maintains up-to-date records and reports damaged or improperly functioning equipment. Complete basic repairs and/or schedules repairs for fire department equipment and vehicles • Maintains a clean and safe fire station for the Department • General knowledge and working order of fire apparatus, EMS equipment, fire rescue equipment and emergency response equipment. Other Duties: • Supports fire prevention activities including public safety education, fire code and life safety code inspections, and pre-planning of buildings and businesses within the City. • Serves as a representative of the City, performing duties in a courteous and professional manner that conveys a positive image of city government and that fosters cooperation and support with peers, superiors, citizens and other agencies. • Preforms the duties of instructor for both fire and EMS training. • Work for extended periods of time with people of diverse backgrounds in a manner that fosters teamwork, acceptance, and dignity of fellow employees. Maintain work habits, personal manners, and personal appearance. • Effectively carry out the policies and goals of the Lake Elmo Fire Department. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Minimum Qualifications Education: High school diploma or GED Requirements: Minimum of two years of progressive fire service experience, current firefighter status Licenses/Qualifications: This position will require the following be met and maintained through term in this position: • Certification equal to the State of Minnesota’s equivalent for: o Firefighter I and II o Hazardous Materials Operations o Emergency Medical Technician • Must have or become certified as: o Licensed Firefighter in the State of Minnesota within 12 months o Fire Apparatus Operator within 12 months o Blue Card (Local Hazard Zone Management) within 18 months • Experience with computers and variety of office software, including Microsoft Office Suite, ImageTrend, Aladtec, IamResponding, Central Square Field Ops, and Tablet Command. • Must possess valid driver’s license to operate a motor vehicle in Minnesota and be insurable. Preferred Qualifications: • Five (5) years of progressive fire service experience. • Associates Degree and/or Bachelor’s Degree in Fire Science or related field of study. • Respond within 15 minutes of the Lake Elmo Fire Station #1 (3510 Laverne Avenue North, Lake Elmo, MN 55042) Position Requirements Knowledge, Skills and Abilities: • Ability to work independently and to complete projects and daily activities according to work schedule. • Possess knowledge of work hazards and safety regulations and precautions related to fire operations. Performs work utilizing best practices. • Ability to lift heavy objects, walk and stand for long periods of time, and to perform strenuous physical labor under adverse field conditions. • Ability to demonstrate leadership while also maintaining a working relationship with fellow employees, contractors, and the public. • Ability to use various office equipment and software programs including but not limited to: Microsoft Office suite, ImageTrend, Aladtec, IamResponding, Central Square Field Ops, and Tablet Command. • Conforms to the policies and procedures of the City, the Department, and applicable sections of city code and state and federal statutes. • Must be capable of working independently and to coordinate projects, deadlines, and work well with diverse groups. • Able to manage multiple tasks including ability to plan, prioritize, delegate and direct duties of less experienced POC Firefighters. • Has excellent organizational, technology, and customer service skills. Is able to juggle multiple and changing priorities. • Excellent written and oral communication skills including highly developed interpersonal and communication skills. Must be able to speak in public as needed. • Develops and maintains good working relationships internally and externally. • Ability and desire to project a professional and positive image through knowledge of job, attitude, and accurate and timely completion of work. • Ability to establish and maintain effective working relationships with staff, and others, and work with the public in a positive manner. • Maintains continuous contact with the public and community utilizing tact, courtesy, confidentiality, and good judgment. Exercises strong discretion and independent judgment. • Considerable knowledge of public relations and conflict resolution techniques. • Knowledge of the principles of Fire techniques, and building and fire codes. • Proficiency in preparing functional presentations using various methods and media. • Ability to maintain fit testing annually for use of respirator and N95 masks. Physical / Mental Demands & Working Conditions: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee occasionally works near moving mechanical parts and in high, precarious places or confined spaces, and is occasionally exposed to blood borne pathogens, wet and or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. Exposure to multiple disagreeable elements and moving or lifting over 60lbs.The noise level in the work environment is usually moderate, except during certain firefighting or emergency medical activities when noise levels may be loud. The firefighter may be required to: be a non-tobacco user, work in wet, icy, muddy areas, and uneven terrain; perform a variety of tasks on slippery, hazardous surfaces such as on roof tops or from ladders; work in areas where sustaining traumatic or thermal injuries is possible; face exposure to face exposure to smoke, noise and/or vibration exceeding 80 decibels (constant or intermittent) which may cause marked distraction or possible hearing loss, carcinogenic dusts such as asbestos, toxic substances such as hydrogen cyanide, corrosives, carbon monoxide, or organic solvents either through inhalation or skin contact; face exposure to infectious biological agents such as hepatitis B, HIV or COVID; wear personal protective equipment that weighs approximately 65 pounds while performing firefighting tasks; perform physically demanding work while wearing positive pressure breathing equipment with resistance to exhalation and a flow rate specified by current SCBA manufacture; perform complex tasks during life-threatening emergencies; work for long periods of time, requiring sustained physical activity and intense concentration; make decisions that could have life or death consequences for employees and civilians under difficult and stressful conditions with limited information during emergency conditions; be exposed to grotesque sights and smells associated with major trauma and burn victims; make rapid transitions from rest to near maximal exertion without warm-up periods; operate in environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces; use manual and power tools in the performance of duties; rely on senses of sight, hearing, smell, and touch to help determine the nature of the emergency, maintain personal safety, and make critical decisions in a confused, chaotic, and potentially life-threatening environment through-out the duration of operation; encounter smoke filled environments, and a variety of physical hazards, damaged structures, moving mechanical equipment, electrical equipment, radiant energy, and possible exposure to explosives; meet the physical requirements outlined in NFPA 1582 (Medical requirements for fire fighters); and perform the tasks outlined in NFPA 1001 (Fire fighter professional qualifications). The firefighter is responsible for diverse matters involving fire, hazardous materials and other emergencies, many of which have stressful deadlines and require significant attention to detail. Frequently, work is performed at a high level of detail or pressure of deadlines. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees. --------------------------------------------------------------------------------------------------------------------------------------- Accepting Applications for the Position of: Firefighter SALARY: $24.72-32.14/Hour - DOQ OPENING DATE: 01/05/2022 CLOSING DATE: 01/31/2022 POSITION TITLE: Firefighter DEPARTMENT: Fire ACCOUNTABLE TO: Department Officers, ultimately the Fire Chief FLSA STATUS: Non-exempt PRIMARY OBJECTIVE: This position protects life and property by performing fire suppression, rescue and emergency medical services, hazardous materials incident mitigation, and fire prevention. The firefighter maintains fire equipment, apparatus and facilities, participates in training; and performs intermediate troubleshooting and analysis, makes recommendations, and keeps records as required. ESSENTIAL FUNCTIONS OF THE POSITION Emergency Response: • Performs firefighting activities including driving fire apparatus, operating pumps and related equipment, laying hose and performing fire suppression, containment, ventilation and extinguishing tasks. • Performs medical aid and rescue activities including administering first aid, operating EMS equipment such as monitor/defibrillator, portable suction units, etc., performing extrication and providing other assistance as required. • Performs salvage operations including removing excess water, shoveling out debris, patching windows and holes, placing tarps and performing other cleanup tasks as directed. • May take a limited leadership role during calls for service, as assigned by a supervisor. • Attends regular and assigned training, drills and meetings to maintain and upgrade skills including drills, demonstrations, and technique trainings. • Responds to emergency call backs as required. Serves on standby crew and/or duty crew as assigned. • Keeps department Officers advised of emergency call response and fire suppression developments. • Administers or participates in projects and administrative duties as assigned. Makes suggestions and participates in Fire Department training, operations, and initiatives as assigned. Equipment/Maintenance: • Inspects and maintains fire apparatus, equipment, station, and grounds, as directed, following departmental procedures. • Completes proper check lists, maintains up-to-date records and reports damaged or improperly functioning equipment. Complete basic repairs and/or schedules repairs for fire department equipment and vehicles • Maintains a clean and safe fire station for the Department • General knowledge and working order of fire apparatus, EMS equipment, fire rescue equipment and emergency response equipment. Other Duties: • Supports fire prevention activities including public safety education, fire code and life safety code inspections, and pre-planning of buildings and businesses within the City. • Serves as a representative of the City, performing duties in a courteous and professional manner that conveys a positive image of city government and that fosters cooperation and support with peers, superiors, citizens and other agencies. • Preforms the duties of instructor for both fire and EMS training. • Work for extended periods of time with people of diverse backgrounds in a manner that fosters teamwork, acceptance, and dignity of fellow employees. Maintain work habits, personal manners, and personal appearance. • Effectively carry out the policies and goals of the Lake Elmo Fire Department. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Ability to work independently and to complete projects and daily activities according to work schedule. • Possess knowledge of work hazards and safety regulations and precautions related to fire operations. Performs work utilizing best practices. • Ability to lift heavy objects, walk and stand for long periods of time, and to perform strenuous physical labor under adverse field conditions. • Ability to demonstrate leadership while also maintaining a working relationship with fellow employees, contractors, and the public. • Ability to use various office equipment and software programs including but not limited to: Microsoft Office suite, ImageTrend, Aladtec, IamResponding, Central Square Field Ops, and Tablet Command. • Conforms to the policies and procedures of the City, the Department, and applicable sections of city code and state and federal statutes. • Must be capable of working independently and to coordinate projects, deadlines, and work well with diverse groups. • Able to manage multiple tasks including ability to plan, prioritize, delegate and direct duties of less experienced POC Firefighters. • Has excellent organizational, technology, and customer service skills. Is able to juggle multiple and changing priorities. • Excellent written and oral communication skills including highly developed interpersonal and communication skills. Must be able to speak in public as needed. • Develops and maintains good working relationships internally and externally. • Ability and desire to project a professional and positive image through knowledge of job, attitude, and accurate and timely completion of work. • Ability to establish and maintain effective working relationships with staff, and others, and work with the public in a positive manner. • Maintains continuous contact with the public and community utilizing tact, courtesy, confidentiality, and good judgment. Exercises strong discretion and independent judgment. • Considerable knowledge of public relations and conflict resolution techniques. • Knowledge of the principles of Fire techniques, and building and fire codes. • Proficiency in preparing functional presentations using various methods and media. • Ability to maintain fit testing annually for use of respirator and N95 masks. Education: High school diploma or GED Requirements: Minimum of two years of progressive fire service experience, current firefighter status Licenses/Qualifications: This position will require the following be met and maintained through term in this position: • Certification equal to the State of Minnesota’s equivalent for: o Firefighter I and II o Hazardous Materials Operations o Emergency Medical Technician • Must have or become certified as: o Licensed Firefighter in the State of Minnesota within 12 months o Fire Apparatus Operator within 12 months o Blue Card (Local Hazard Zone Management) within 18 months • Experience with computers and variety of office software, including Microsoft Office Suite, ImageTrend, Aladtec, IamResponding, Central Square Field Ops, and Tablet Command. • Must possess valid driver’s license to operate a motor vehicle in Minnesota and be insurable. Preferred Qualifications: • Five (5) years of progressive fire service experience. • Associates Degree and/or Bachelor’s Degree in Fire Science or related field of study. • Respond within 15 minutes of the Lake Elmo Fire Station #1 (3510 Laverne Avenue North, Lake Elmo, MN 55042) Physical and Mental Requirements: While performing the duties of this job, the employee is frequently required to sit, talk, or hear; stand; walk; use hand to finger; handle; or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally asked to climb or balance, stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift to 10 pounds and occasionally lift and/move up to 100 pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust the focus. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Work is performed primarily in the office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during day and night shifts. Work is often performed in emergency and stressful situations. The employee is exposed to hearing alarms and hazards associated with fighting fires and rendering emergency medical assistance, including smoke noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. PLEASE APPLY BY CLOSING DATE: JANUARY 31, 2022 SEND COMPLETED APPLICATION TO: CITY OF LAKE ELMO ATTN: JAKE DICKSON, ASSISTANT CITY ADMINISTRATOR 3880 LAVERNE AVENUE NORTH SUITE 100, LAKE ELMO, MN 55042 OR JDICKSON@LAKEELMO.ORG A CITY EMPLOYMENT APPLICATION CAN BE FOUND AT WWW.LAKEELMO.ORG ALL CANDIDATES MUST SUBMIT THE FOLLOWING ITEMS FOR THE APPLICATION TO BE CONSIDERED COMPLETE: • PROOF OF VALID DRIVER’S LICENSE, FFI/II CERTIFICATION, HAZARDOUS MATERIALS OPERATIONS CERTIFICATION, EMERGENCY MEDICAL TECHNICIAN CERTIFICATION • PROOF OF OTHER JOB RELATED CERTIFICATIONS CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Bed and Breakfast License for 8004 50th Street North TO: Mayor and City Council SUBMITTED BY: Molly Just, Planning Director BACKGROUND: The City of Lake Elmo has instituted a license structure to better regulate and monitor the short-term rental of lodging units in Lake Elmo. Licenses are subject to approval by the City Council, do not run with the land, and must be renewed every two years. What follows are the ordinance review criteria for the bed and breakfast use. This license application meets the criteria. Standard Met ? Standards for Bed & Breakfast Use (Section 105.12.570.a)  (1) The use of a bed and breakfast is not permitted unless the city issues a permit for that specific property. The permit will be valid for two years. A permit for a bed and breakfast will only be issued if: a. The facility is located in a single-family detached dwelling. b. The number of lodging rooms in any building does not exceed five. If the proposed number of lodging rooms in any building exceeds five, a conditional use permit shall be required. c. The facility meets parking requirements as set forth by Table 5-2 of LEC 105.12.410.  (2) The applicant shall meet all applicable government regulations.  (3) The operator shall carry liability insurance, and shall provide proof of such insurance to the city upon request.  (4) Permits are non-transferable and do not run with the land.  (5) A permit constitutes a limited license granted to the property owner by the city and in no way creates a vested zoning right.  (6) By signing the permit, the applicant of the bed and breakfast permit acknowledges that he shall defend and indemnify the city against any and all claims arising out of operating a bed and breakfast.  (7) Bed and breakfast permit fees shall be as established by the city council. ISSUE BEFORE COUNCIL: Should Council approve the requested license? PROPOSAL: The City has received a bed and breakfast license request from Trevor & Katrina Jarvis, owners of 8004 50th Street North. The existing dwelling at 8004 50th Street North dwelling would be listed for short-term rental as one unit with 3 bedrooms and 2 bathrooms for a maximum occupancy of 6 persons. Appropriate fees have been paid and all required paperwork has been submitted. FISCAL IMPACT: The $100 license fee has been paid. OPTIONS: 1) Approve license 2) Deny license RECOMMENDATION: If removed from Consent Agenda: “Motion to approve bed and breakfast license application for Trevor & Katrina Jarvis at 8004 50th Street North” X XX X January 4, 2024 X From:Molly Just To:trevor.jarvis16@gmail.com Subject:Bed & Breakfast License Application Date:Tuesday, December 21, 2021 8:51:00 AM Greetings Trevor, I am reviewing your license application for a bed and breakfast. I see that you propose 3 lodging rooms and 1 non-lodging room. Is there still 1.75 bathrooms. For my review please explain how you propose to list the lodging and what would be the maximum occupancy. Thank you, Molly Just Planning Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 651-747-3912 mjust@lakeelmo.org http://www.lakeelmo.org/departments/planning___zoning/index.php From:Molly Just To:Trevor Jarvis Subject:RE: Bed and Breakfast License Application Date:Tuesday, December 28, 2021 8:33:00 AM Thank you Trevor. Molly Just Planning Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 651-747-3912 mjust@lakeelmo.org http://www.lakeelmo.org/departments/planning___zoning/index.php -----Original Message----- From: Trevor Jarvis [mailto:trevor.jarvis16@gmail.com] Sent: Monday, December 27, 2021 4:18 PM To: Molly Just <MJust@lakeelmo.org> Subject: Re: Bed and Breakfast License Application Caution: This email originated outside our organization; please use caution. Hi Molly, Yes, there is only one building on the property that has 3 bedrooms and 2 bathrooms so it will be listed as one unit. Kind Regards, Trevor jarvis Sent from my iPhone > On 28 Dec 2021, at 1:35 am, Molly Just <MJust@lakeelmo.org> wrote: > > Hi Travis, > > Thank you for this. I just have one more question. Can you confirm that this will be a one unit listing with 3 bedrooms and 2 bathrooms? > > Thank you, > > Molly Just > Planning Director > City of Lake Elmo > 3800 Laverne Avenue North > Lake Elmo, MN 55042 > 651-747-3912 > mjust@lakeelmo.org > http://www.lakeelmo.org/departments/planning___zoning/index.php > > -----Original Message----- > From: Trevor Jarvis [mailto:trevor.jarvis16@gmail.com] > Sent: Wednesday, December 22, 2021 2:01 PM > To: Molly Just <MJust@lakeelmo.org> > Subject: Bed and Breakfast License Application>> Caution: This email originated outside our organization; please use caution.>>> Hi Molly,>> Sorry correction. If you include the bathrooms as non lodging. Than it would be 3 lodging and 3 non-lodgingrooms. Which include the 2 bathrooms.>> We plan to list it on sites like Airbnb, VRBO Marriott and Minnestay. The maximum occupancy will be 6.>> Kind Regards> Trevor Jarvis>> Sent from my iPhone DATE: January 4, 2022 CONSENT AGENDA ITEM: Award Bids for Painting for New City Center SUBMITTED BY: Jake Dickson, Assistant City Administrator BACKGROUND: At the November 3rd City Council meeting the Council awarded bids for work to be performed on the New City Center save for painting and overhead doors. H+U Construction solicited for bids on painting and overhead doors and received a bid for painting. ISSUE BEFORE COUNCIL: Should the City Council award bids for painting at the New City Center? PROPOSAL: Included in your packet is a resolution awarding painting materials and painting labor contracts for the New City Center and Public Works Addition to Steinbrecher Painting Company. H+U Construction will finalize bids for overhead doors to be awarded at the January 18th meeting. FISCAL IMPACT: Painting materials contract for $29,531 and painting labor contract for $128,196 which is included in the previously approved GMP. OPTION: 1) Approve Resolution No 2022-006 2) Amend and then Approve Resolution No 2022-006 3) Do not approve Resolution No 2022-006 RECOMMENDATION: If removed from the Consent Agenda: “Motion to approve Resolution No 2022-006, a Resolution A Resolution Accepting Bids and Awarding the Contracts For the Painting of the New City Center and Public Works Addition.” ATTACHMENTS: • Resolution No 2022-006 City of Lake Elmo, MN Resolution No. 2022-006 A Resolution Accepting Bids and Awarding the Contracts For the Painting of the New City Center and Public Works Addition 1 WHEREAS, pursuant to an approved motion to move forward with design and bidding for a new City Center and Public Works Addition by the Lake Elmo City Council during the September 7th, 2021 City Council meeting; and, WHEREAS, the advertisement for bids was published on September 24th and October 1st, 2021 in the Stillwater Gazette; and, WHEREAS, bids were received, opened, and tabulated according to the law, and bids were received complying with the advertisement on October 5th, 2021; and, WHEREAS, no bids were received for contracts #0833 and #0990 labor or materials, the City Council authorized H+U Construction to solicit quotes from qualified contractors for the work of these contracts, pursuant to Minnesota Uniform Municipal Contracting law. The Guaranteed Maximum Price includes costs for these trade contracts, based on preliminary quotes that were received after the bid opening;and, WHEREAS, H+U Construction has solicited quotes and provided a letter recommending the award of the contract to the lowest responsible bidder, Steinbrecher Painting Company, for painting materials for $29,531 and painting labor for $128,196 for a total of $157,727; and, NOW THEREFORE, the council authorizes the City Administrator to execute agreements for the aforementioned trade contracts and the assignment of trade contracts, transferring responsibilities of the trade contract to H+U Construction; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO MINNESOTA THAT: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into Contracts in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council 2. The City Administrator is authorized to approve all necessary payments for any and all inspections associated with the new City Center and Public Works Addition. 3. The City Council authorizes the City Administrator to execute Assignment of Trade Contract, assigning certain rights under the Trade Contract and retaining certain rights under the Trade Contract and Construction Manager is accepting and assuming those rights and obligations for the defined work under the Trade Contract. The Assignment of Trade Contracts will assign the Contracts approved above to H+U Construction and execute an amendment to the existing AIA A133-2009 Construction Manager contract that establishes a Guaranteed Maximum Price of $13,402,787 for the construction of the new City Center and Public Works Addition. Adopted this 4th day of January 2022 by the Lake Elmo City Council. Motion by: ___________________, Seconded by: ______________________ VOTE: Dorschner ________ McGinn _________ Resolution No. 2021-120 2 Holtz _________ Beckstrom _________ Attest: _____________________________ Signed: _________________________ Julie Johnson, City Clerk Charles Cadenhead, Mayor DATE: January 4, 2022 CONSENT AGENDA ITEM: Accept Improvements and Approve Pay Request No. 9 (Final) for the Well No. 5 Pumphouse Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve Pay Request No. 9 (Final) for the Well No. 5 Pumphouse Improvements? BACKGROUND: Total Mechanical Services, Inc. was awarded a construction contract on July 16, 2020 to complete the Well No. 5 Pumphouse Improvements. The contractor has completed the work in accordance with the contract, plans, and specifications, including all punch list items and submittal of final completion documents. PROPOSAL DETAILS/ANALYSIS: Total Mechanical Services, Inc. has submitted Partial Pay Request No. 9 (Final) in the amount of $6,079.89. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed, including all punch list items, and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on January 4, 2022 and will extend through January 4, 2023. FISCAL IMPACT: The total construction cost is $1,020,489.00 which is 5.8% under the original construction contract amount of $1,083,461.00. Additionally, liquidated damages of $6,600.00 were applied per the contract, bringing the final construction cost to the City to $1,013,889.00. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve Pay Request No. 9 (Final) for the Well No. 5 Pumphouse Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements for the Well No. 5 Pumphouse Improvements and approve Pay Request No. 9 (Final) to Total Mechanical Services, Inc in the amount of $6,079.89”. ATTACHMENTS: 1. Partial Pay Estimate No. 9 (Final). 2. Certificate of Completion. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. PERIOD OF ESTIMATE TO PROJECT OWNER:CONTRACTOR: 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 8. Liquidated Damages 9. Previous Payments 10. Amount Due (6-7-8-9) *Detailed Breakdown Attached START DATE:ON SCHEDULE SUBSTANTIAL COMPLETION: FINAL COMPLETION:X ENGINEER'S CERTIFICATION:BOLTON AND MENK, Inc. DATE CONTRACTOR'S CERTIFICATION:CONTRACTOR DATE APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA DATE DATE $6,600.00 BY BY YES NO The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein is now due. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. ENGINEER BY 7/22/2020 6/17/2021 REVISED DAYS REMAINING 270 24 -103 4/18/2021 ORIGINAL DAYS CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 9 (Final) 7/30/20215/12/2021FROM PUMPHOUSE NO. 5 PROJECT NO. 2019.129 CITY OF LAKE ELMO 3880 LAVERNE AVENUE NORTH, SUITE 100 LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER TOTAL MECHANICAL SERVICES, INC. 420 BROADWAY AVENUE SAINT PAUL PARK, MN 55071 ATTN: MARK DIESSNER CONTRACT TIME TOTALS $0.00 ($62,972.00)$6,079.89 NET CHANGE ($62,972.00) $0.000.0% $1,007,809.11 $0.00 $1,020,489.00 1 12/7/2021 ($62,972.00)$1,020,489.00 $1,020,489.00 No.Approval Date Amount $1,083,461.00 Additions Deductions -$62,972.00 11/17/21 FOCUS Engineering, inc.PROJECT PAYMENT FORM 11/18/2021 PARTIAL PAY ESTIMATE NO.9 (Final) PUMPHOUSE NO. 5 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2019.129 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $12,961.00 $12,961.00 0.000 $0.99 1.00 $12,961.00 2 LS 1 $50,000.00 $50,000.00 0.000 $0.00 1.00 $50,000.00 3 LS 1 $25,000.00 $25,000.00 0.000 $0.00 1.00 $25,000.00 4 LS 1 $15,000.00 $15,000.00 0.000 $0.00 0.81 $12,108.00 5 LS 1 $100,000.00 $100,000.00 0.020 $2,000.00 1.00 $100,000.00 6 LS 1 $25,000.00 $25,000.00 0.000 $0.00 1.00 $25,000.00 7 LS 1 $150,000.00 $150,000.00 0.000 $0.00 1.00 $150,000.00 8 LS 1 $3,000.00 $3,000.00 0.000 $0.00 1.00 $3,000.00 9 LS 1 $30,000.00 $30,000.00 0.000 $0.00 1.00 $30,000.00 10 LS 1 $58,000.00 $58,000.00 0.000 -$2.00 1.00 $58,000.00 11 LS 1 $32,000.00 $32,000.00 0.000 $0.00 1.00 $32,000.00 12 LS 1 $14,000.00 $14,000.00 0.000 $0.00 1.00 $14,000.00 13 LS 1 $3,000.00 $3,000.00 0.000 $0.00 1.00 $3,000.00 14 LS 1 $55,000.00 $55,000.00 0.000 $0.00 1.00 $55,000.00 15 LS 1 $500.00 $500.00 0.000 $0.00 1.00 $500.00 16 LS 1 $170,000.00 $170,000.00 0.000 $0.00 1.00 $170,000.00 17 LS 1 $275,000.00 $275,000.00 0.002 $500.00 1.00 $275,000.00 18 General Construction Allowance LS 1 $50,000.00 $50,000.00 0.000 $0.00 0.10 $4,920.00 19 LS 1 $15,000.00 $15,000.00 0.000 $0.00 0.00 $0.00 $1,083,461.00 $2,498.99 $1,020,489.00 TOTALS - BASE CONTRACT $1,083,461.00 $2,498.99 $1,020,489.00 DIVISION 1 - PUMPHOUSE NO. 5 General Conditions Mis Metals Carpentry Insulation and Roofing Mobilization Bonds/Insurance Permit Sitework Masonry Concrete ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE Doors and Windows Mechanical Painting Chemical Systems Computer Allowance Sprinkler Electrical Signs SUBTOTAL - DIVISION 1 CITY OF LAKE ELMO, MN WELL NO. 5 PUMPHOUSE IMPROVEMENTS PROJECT NO. 2019.129 CERTIFICATE OF COMPLETION DATE OF ISSUANCE: JANUARY 4, 2021 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. PROJECT NAME: PUMPHOUSE NO. 5 PROJECT NO.: 2019.129 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated July 16, 2020. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: January 4, 2022 Chad Isakson Reg. No. 49028 FOCUS Engineering, Inc. THE WARRANTY PERIOD BEGINS January 4, 2022 AND ENDS January 4, 2023 DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Pay Request No. 8 for the Hamlet on Sunfish Lake Street and Utility Improvements SUBMITTED BY: Mark Scholle, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 8 for the Hamlet on Sunfish Lake Street and Utility Improvements? BACKGROUND: A-1 Excavating, Inc. was awarded a construction contract on March 16, 2021 to complete the Hamlet on Sunfish Lake Street and Utility Improvements. Construction is substantially complete. The project has a final completion date of June 30, 2022. PROPOSAL DETAILS/ANALYSIS: A-1 Excavating, Inc. has submitted Partial Pay Request No. 8 in the amount of $34,309.65. The request has been reviewed and payment is recommended in the amount requested. Prior to this pay request, the City has retained 5% of the total work completed in accordance with the contract documents. The contractor has requested the retainage be reduced to 4%. With this reduction, the remaining amount retained by the City remains sufficient to complete the remaining improvements. The amount retained is $108,456.24. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 8 for the Hamlet on Sunfish Lake Street and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 8 to A-1 Excavating, Inc. in the amount of $34,309.65 for the Hamlet on Sunfish Lake Street and Utility Improvements”. ATTACHMENTS: 1. Partial Pay Estimate No. 8. 12-21-21 PARTIAL PAY ESTIMATE NO. 8 HAMLET ON SUNFISH LAKE STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2019.125 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $114,250.00 $114,250.00 0.00 $0.00 1.00 $114,250.00 2 TREE 176 $110.00 $19,360.00 0.00 $0.00 193.00 $21,230.00 3 TREE 176 $60.00 $10,560.00 0.00 $0.00 193.00 $11,580.00 4 ACRE 0.2 $11,000.00 $2,200.00 0.00 $0.00 0.15 $1,650.00 5 LF 679 $13.00 $8,827.00 0.00 $0.00 679.00 $8,827.00 6 LF 166 $5.50 $913.00 0.00 $0.00 166.00 $913.00 7 SY 729 $5.00 $3,645.00 0.00 $0.00 787.00 $3,935.00 8 SY 17913 $1.00 $17,913.00 0.00 $0.00 17,913.00 $17,913.00 9 SQ FT 6621 $1.00 $6,621.00 0.00 $0.00 5,380.00 $5,380.00 10 EACH 7 $60.00 $420.00 0.00 $0.00 10.00 $600.00 11 EACH 13 $400.00 $5,200.00 0.00 $0.00 13.00 $5,200.00 12 LF 172 $13.00 $2,236.00 0.00 $0.00 172.00 $2,236.00 13 LF 3961 $3.00 $11,883.00 0.00 $0.00 3,961.00 $11,883.00 14 EACH 11 $500.00 $5,500.00 0.00 $0.00 12.00 $6,000.00 15 EACH 3 $400.00 $1,200.00 0.00 $0.00 2.00 $800.00 16 EACH 1 $500.00 $500.00 0.00 $0.00 1.00 $500.00 17 EACH 41 $100.00 $4,100.00 0.00 $0.00 41.00 $4,100.00 18 EACH 15 $600.00 $9,000.00 0.00 $0.00 15.00 $9,000.00 19 CY 18123 $14.00 $253,722.00 0.00 $0.00 18,123.00 $253,722.00 20 CY 600 $17.00 $10,200.00 0.00 $0.00 400.00 $6,800.00 21 CY 494 $30.00 $14,820.00 0.00 $0.00 0.00 $0.00 22 CY 9424 $18.00 $169,632.00 0.00 $0.00 9,424.00 $169,632.00 23 CY 2421 $28.00 $67,788.00 0.00 $0.00 2,421.00 $67,788.00 24 SY 4449 $2.50 $11,122.50 0.00 $0.00 1,608.00 $4,020.00 25 HOUR 40 $150.00 $6,000.00 0.00 $0.00 30.00 $4,500.00 26 SY 2376 $3.13 $7,436.88 0.00 $0.00 2,376.00 $7,436.88 27 TON 1407 $75.00 $105,525.00 0.00 $0.00 0.00 $0.00 28 TON 1876 $68.00 $127,568.00 0.00 $0.00 1,400.00 $95,200.00 29 TON 31 $118.00 $3,658.00 0.00 $0.00 116.68 $13,768.24 30 TON 303 $114.00 $34,542.00 0.00 $0.00 590.00 $67,260.00 31 EACH 2 $900.00 $1,800.00 0.00 $0.00 2.00 $1,800.00 32 EACH 3 $900.00 $2,700.00 0.00 $0.00 3.00 $2,700.00 33 EACH 4 $1,035.00 $4,140.00 0.00 $0.00 4.00 $4,140.00 34 EACH 4 $1,170.00 $4,680.00 0.00 $0.00 4.00 $4,680.00 35 LF 96 $102.00 $9,792.00 0.00 $0.00 96.00 $9,792.00 36 LF 40 $107.00 $4,280.00 0.00 $0.00 40.00 $4,280.00 37 EACH 2 $500.00 $1,000.00 0.00 $0.00 4.00 $2,000.00 38 LF 3960 $14.50 $57,420.00 0.00 $0.00 3,525.00 $51,112.50 39 EACH 30 $335.00 $10,050.00 0.00 $0.00 28.00 $9,380.00 40 LF 347 $51.00 $17,697.00 0.00 $0.00 347.00 $17,697.00 41 LF 410 $55.00 $22,550.00 0.00 $0.00 410.00 $22,550.00 42 LF 97 $60.00 $5,820.00 0.00 $0.00 108.00 $6,480.00 43 LF 134 $62.00 $8,308.00 0.00 $0.00 155.00 $9,610.00 44 EACH 1 $2,250.00 $2,250.00 0.00 $0.00 1.00 $2,250.00 45 EACH 10 $2,405.00 $24,050.00 0.00 $0.00 10.00 $24,050.00 46 EACH 6 $8,520.00 $51,120.00 0.00 $0.00 6.00 $51,120.00 47 EACH 1 $10,575.00 $10,575.00 0.00 $0.00 1.00 $10,575.00 48 EACH 11 $2,765.00 $30,415.00 0.00 $0.00 11.00 $30,415.00 49 EACH 1 $3,970.00 $3,970.00 0.00 $0.00 1.00 $3,970.00 50 TON 293 $35.00 $10,255.00 0.00 $0.00 236.11 $8,263.85 51 EACH 4 $1,600.00 $6,400.00 0.00 $0.00 4.00 $6,400.00 52 EACH 2 $2,000.00 $4,000.00 0.00 $0.00 2.00 $4,000.00 53 EACH 32 $85.00 $2,720.00 0.00 $0.00 33.00 $2,805.00 54 EACH 14 $285.00 $3,990.00 0.00 $0.00 16.00 $4,560.00 55 EACH 18 $490.00 $8,820.00 0.00 $0.00 17.00 $8,330.00 56 LF 1680 $40.00 $67,200.00 0.00 $0.00 1,661.00 $66,440.00 57 LF 506 $66.00 $33,396.00 0.00 $0.00 489.00 $32,274.00 58 LF 1757 $48.00 $84,336.00 0.00 $0.00 1,755.00 $84,240.00 59 EACH 25 $3,285.00 $82,125.00 0.00 $0.00 25.00 $82,125.00 60 LF 109 $250.00 $27,250.00 0.00 $0.00 109.37 $27,342.50 COMMON EXCAVATION (P)(STREETS) COMMON EXCAVATION (P) (DITCH GRADING) SUBGRADE CORRECTION (EV) (INCLUDES SELECT GRANULAR BORROW) CONSTRUCT DRAINAGE STRUCTURE TYPE 405 - 48" (W/ CASTING) CONSTRUCT DRAINAGE STRUCTURE TYPE 406 - 48" (W/ CASTING) CONSTRUCT DRAINAGE STRUCTURE TYPE 406 - 60" (W/ CASTING) PIPE FOUNDATION ROCK CONNECT TO EXISTING SANITARY SEWER CONNECT TO EXISTING SANITARY SEWER STRUCTURE CONNECT TO EXISTING 4" SANITARY SERVICE PIPE 8"X4" PVC WYE 10"X4" PVC WYE REMOVE/ABANDON SANITARY SEWER REMOVE MANHOLE (SANITARY) ABANDON MANHOLE (SANITARY) SALVAGE HYDRANT AND GATE VALVE ASSEMBLY REMOVE SIGN REMOVE CATCH BASIN REMOVE PIPE CULVERTS SALVAGE AND REINSTALL MAIL BOX ASSEMBLY SALVAGE AND REINSTALL CASTING CLEARING GRUBBING CLEARING AND GRUBBING REMOVE SEWER PIPE (STORM) REMOVE CONCRETE CURB AND GUTTER REMOVE CONCRETE DRIVEWAY PAVEMENT REMOVE BITUMINOUS PAVEMENT (P) REMOVE CONCRETE WALK ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE BASE BID MOBILIZATION 4" PVC SCHEDULE 40 PERF PE PIPE DRAIN W/ BACKFILL AND WRAP 12" RC PIPE APRON W/ TRASH GUARD 15" RC PIPE APRON W/ TRASH GUARD 18" RC PIPE APRON W/TRASH GUARD 15" RC PIPE CULVERT DES 3006 CL V 18" RC PIPE CULVERT DES 3006 CL V 4" CONCRETE HEADWALL 15" RC PIPE SEWER DESIGN 3006 CLASS V CONSTRUCT DRAINAGE STRUCTURE TYPE 405 - 60" (W/ CASTING) 18" RC PIPE SEWER DESIGN 3006 CLASS V 21" RC PIPE SEWER DESIGN 3006 CLASS III CONSTRUCT DRAINAGE STRUCTURE TYPE 402 (W/ CASTING) CONSTRUCT DRAINAGE STRUCTURE TYPE 404 (W/ CASTING) SELECT GRANULAR BORROW (CV)(P) AGGREGATE BASE CL 6 (CV)(P) GEOTEXTILE FABRIC, TYPE V STREET SWEEPING FULL DEPTH RECLAMATION (6")(ACCESS ROAD) 8" PVC PIPE SEWER (SDR 35) (WITH TRACER WIRE) 10" PVC PIPE SEWER (SDR 26) (WITH TRACER WIRE) 10" PVC PIPE SEWER (SDR 35) (WITH TRACER WIRE) SANITARY MANHOLE TYPE 301 (W/O CASTING) SANITARY MANHOLE TYPE 301 EXTRA DEPTH 12" RC PIPE SEWER DESIGN 3006 CLASS V DRAINTILE CLEANOUT TYPE SP 9.5 WEARING COURSE MIX (2,C) TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) (TRAIL) PAVE AND REMOVE 1.5" THICK 8' WIDE BITUMINOUS WEDGE CONNECT TO EXISTING STORM SEWER QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 61 EACH 10 $1,000.00 $10,000.00 0.00 $0.00 10.00 $10,000.00 62 LF 1237 $41.00 $50,717.00 0.00 $0.00 590.00 $24,190.00 63 LF 4931 $2.00 $9,862.00 0.00 $0.00 5,170.00 $10,340.00 64 LS 1 $7,800.00 $7,800.00 0.00 $0.00 1.00 $7,800.00 65 EACH 3 $600.00 $1,800.00 0.00 $0.00 3.00 $1,800.00 66 EACH 1 $1,800.00 $1,800.00 0.00 $0.00 1.00 $1,800.00 67 EACH 1 $1,000.00 $1,000.00 0.00 $0.00 1.00 $1,000.00 68 EACH 13 $6,150.00 $79,950.00 0.00 $0.00 13.00 $79,950.00 69 EACH 2 $760.00 $1,520.00 0.00 $0.00 4.00 $3,040.00 70 EACH 41 $360.00 $14,760.00 0.00 $0.00 41.00 $14,760.00 71 EACH 41 $200.00 $8,200.00 0.00 $0.00 41.00 $8,200.00 72 LF 1081 $41.00 $44,321.00 21.00 $861.00 1,385.00 $56,785.00 73 EACH 9 $2,060.00 $18,540.00 0.00 $0.00 9.00 $18,540.00 74 EACH 1 $6,500.00 $6,500.00 0.00 $0.00 1.00 $6,500.00 75 LF 175 $57.00 $9,975.00 0.00 $0.00 173.00 $9,861.00 76 LF 5541 $53.00 $293,673.00 0.00 $0.00 5,571.00 $295,263.00 77 LF 952 $60.00 $57,120.00 0.00 $0.00 920.00 $55,200.00 78 SY 100 $48.00 $4,800.00 0.00 $0.00 3.60 $172.80 79 LB 3104 $9.00 $27,936.00 0.00 $0.00 3,104.00 $27,936.00 80 CY 82 $80.00 $6,560.00 22.50 $1,800.00 104.50 $8,360.00 81 SQ FT 6621 $7.00 $46,347.00 0.00 $0.00 6,064.00 $42,448.00 82 LF 11725 $13.00 $152,425.00 0.00 $0.00 11,634.00 $151,242.00 83 LF 1924 $13.00 $25,012.00 0.00 $0.00 1,883.00 $24,479.00 84 SY 848 $60.00 $50,880.00 0.00 $0.00 976.46 $58,587.60 85 SY 49 $75.00 $3,675.00 0.00 $0.00 43.70 $3,277.50 86 EACH 10 $1,340.00 $13,400.00 0.00 $0.00 10.00 $13,400.00 87 LS 1 $25,000.00 $25,000.00 0.00 $0.00 1.00 $25,000.00 88 SQ FT 54.51 $62.00 $3,379.62 0.00 $0.00 54.51 $3,379.62 89 EACH 4 $160.00 $640.00 0.00 $0.00 4.00 $640.00 90 LF 2200 $2.20 $4,840.00 1,089.00 $2,395.80 2,178.00 $4,791.60 91 EACH 30 $150.00 $4,500.00 10.00 $1,500.00 20.00 $3,000.00 92 CY 3183 $29.00 $92,307.00 0.00 $0.00 3,083.00 $89,407.00 93 SY 20485 $7.00 $143,395.00 0.00 $0.00 14,947.00 $104,629.00 94 ACRE 0.95 $3,100.00 $2,945.00 0.00 $0.00 1.81 $5,611.00 95 SY 910 $2.40 $2,184.00 200.00 $480.00 9,000.00 $21,600.00 96 EACH 1 $2,943.00 $2,943.00 0.00 $0.00 0.00 $0.00 97 LF 2500 $2.50 $6,250.00 215.00 $537.50 430.00 $1,075.00 $2,876,408.00 $7,574.30 $2,705,571.09 TOTALS - BASE CONTRACT $2,876,408.00 $7,574.30 $2,705,571.09 CO1-1 LS 1 $11,670.00 $11,670.00 0.00 $0.00 0.50 $5,835.00 $11,670.00 $0.00 $5,835.00 TOTALS - REVISED CONTRACT $2,888,078.00 $7,574.30 $2,711,406.09 4" PVC SCHEDULE 40 SANITARY SERVICE PIPE BASE BID CLEAN AND VIDEO TAPE PIPE SEWER (SANITARY & STORM) TEMPORARY SANITARY BYPASS PUMPING ADJUST SANITARY SEWER CASTING CONNECT TO EXISTING WATERMAIN 1" TYPE K COPPER PIPE 8" GATE VALVE AND BOX 16"X8" WET TAP WITH 8" GATE VALVE AND BOX 6" WATERMAIN DUCTILE IRON CL 52 8" WATERMAIN DUCTILE IRON CL 52 INSTALL SALVAGED HYDRANT & GATE VALVE ASSEMBLY HYDRANT AND GATE VALVE ASSEMBLY 10" HDPE TO 8" DIP TRANSITION FITTING 1" CURB STOP & BOX 1" CORPORATION STOP CONCRETE CURB AND GUTTER DESIGN B618 10" HDPE DR 11 WATERMAIN (DIRECTIONAL DRILLING) W/ 4700 LB TRACER WIRE 4" INSULATION DUCTILE IRON FITTINGS RANDOM RIPRAP CLASS III (INCLUDES GEOTEXTILE FABRIC, TYPE IV) 5" CONCRETE WALK 24" CONCRETE RIBBON CURB 6" CONCRETE DRIVEWAY PAVEMENT 7" CONCRETE VALLEY GUTTER INSTALL CONCRETE PEDESTRIAN RAMP TRAFFIC CONTROL SIGN PANELS TYPE C SIGN PANELS TYPE SPECIAL (STREET NAME SIGN) SILT FENCE PREASSEMBLED TEMPORARY ROCK CONSTRUCTION ENTRANCE SEDIMENT CONTROL LOG STORM DRAIN INLET PROTECTION COMMON TOPSOIL BORROW PULVERIZED (LV) SODDING TYPE MINERAL CHANGE ORDER NO. 1 GRADE / SMOOTH OUT ACCESS-HAUL ROUTES SUBTOTAL - CHANGE ORDER NO. 1 SEEDING (SEED MIXTURE TYPE 25-141) EROSION CONTROL BLANKETS CATEGORY 3N FURNISH AND INSTALL CASTING TYPE R-1642 DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Release of Warranty Security for Public Sanitary Sewer and Watermain for the Wildflower 3rd Addition. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Sam Magureanu, Finance Director Molly Just, Planning Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve release of warranty security for public sanitary sewer and watermain for the Wildflower 3rd Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to release the development security in accordance with the development agreement for the Wildflower 3rd Addition. The 2-year warranty period for the public sanitary sewer and watermain began on November 19, 2019. Twenty- five percent (25%) of the original security was retained through the 2-year warranty period. A warranty walk-through has been completed by City staff and all warranty punch list items have since been addressed by the Developer. With the release of the 2-year warranty security for public sanitary sewer and watermain improvements the overall development security may be reduced as follows: Current Security Amount Proposed Security Amount 1. Wildflower 3rd Addition: $378,239 $299,014 FISCAL IMPACT: Release of the warranty security brings the public sanitary sewer and watermain portion of the project to a close. The operation and maintenance of the sanitary sewer and watermain facilities becomes the responsibility of the City going forward. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, approve the release of warranty security for public sanitary sewer and watermain in the Wildflower 3rd Addition, resulting in a reduction in overall security as detailed in the respective worksheet. The release of security is contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the security reduction for the Wildflower 3rd Addition as detailed in the respective Security Reduction Worksheet, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City” ATTACHMENTS: 1. Security Reduction Worksheet – Wildflower 3rd Addition. WILDFLOWER AT LAKE ELMO 3RD ADDITIONTime of Performance: October 31, 2018DEVELOPMENT AGREEMENT AMOUNTSCATEGORYCONSTRUCTION125% REMARKS#1 #2 #3 #4 #5 #6Sanitary Sewer$104,206$130,258100%$97,693$32,565Watermain$149,310$186,638100%$139,978$46,660Streets & Sidewalks$641,144$801,43075%$400,715 $200,358Storm Sewer$209,718$262,14875%$131,074 $65,537Erosion Control$17,100$21,37575%$16,031Trails NA NAStreet Lighting$30,000$37,50075%$28,125Street Signs and Traffic Control Signs$6,388$7,98575%$5,989Landscaping $10,000 $12,500Tree Preservation and RestorationNANAWetland Mitigation and BuffersNANAMonuments$2,500$3,12575%$2,344Private UtilitiesNANARecord Drawings$10,000$12,50075%$9,375TOTALS$1,180,366$1,475,458RELEASED AMOUNTS:$769,460 $327,758 $79,225$0 $0CUMMULATIVE AMOUNTS:$769,460 $1,097,218 $1,176,443SECURITY AMOUNT REMAINING:$705,998 $378,239 $299,014DATE:11/19/2019 7/6/2021 1/4/2022REDUCTIONS DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Security Reduction for Northport 3rd Addition SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Molly Just, Planning Director Marty Powers, Public Works Director Sam Magureanu, Finance Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve a security reduction for the Northport 3rd Addition as itemized below? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to reduce the development security for the Northport 3rd Addition. This request has been reviewed and the following reduction is being recommended for approval, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City: Current Security Amount Proposed Security Amount 1. Northport 3rd Addition: $ 1,500,853 $ 669,952 Work within the development has progressed in accordance with the development agreement and to the extent necessary to support a reduction in the security as detailed in this report. As part of this reduction the sanitary sewer and watermain improvements have been accepted and the 2-year warranty period will be initiated. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reduction for the Northport 3rd Addition as detailed in this report and supporting documentation, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reduction for the Northport 3rd Addition as detailed in the attached Security Reduction Worksheet, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City.” ATTACHMENTS: 1. Security Reduction Worksheet – Northport 3rd Addition. NORTHPORT 3RD ADDITIONTime of Performance: October 31, 2021DEVELOPMENT AGREEMENT AMOUNTSCATEGORYCONSTRUCTION125% REMARKS#1 #2 #3 #4 #5 #6GradingNANAIncluded in Phase 1Sanitary Sewer$215,014$268,768$201,576Watermain$210,346$262,933$197,199Storm Sewer (w/pond structures)$232,695$290,869$145,434Streets + Sidewalks$458,706$573,383$286,691Bituminous Trails$15,723$19,654Surface Water FacilitiesNANAIncluded in Phase 1Street Lighting$40,000$50,000Street Signs and Traffic Control Signs$4,098$5,123Private Utilities (electricity, natural gas, telephone, and cable)Landscaping$0$0Tree Preservation and RestorationNANAWetland Mitigation and BuffersNANAMonuments$4,100$5,125Erosion Control$10,000$12,500Miscellaneous FacilitiesNANARecord Drawings$10,000$12,500TOTALS$1,200,682$1,500,853RELEASED AMOUNTS:$830,901$0 $0 $0 $0CUMMULATIVE AMOUNTS:$830,901SECURITY AMOUNT REMAINING:$669,952DATE:1/4/2022REDUCTIONS DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Security Reductions for Legacy at Northstar 2nd, 3rd, and 4th Additions SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Molly Just, Planning Director Marty Powers, Public Works Director Sam Magureanu, Finance Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve security reductions for the Legacy at Northstar 2nd, 3rd, and 4th Additions as itemized below? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed requests to reduce the development security for the Legacy at Northstar 2nd, 3rd, and 4th Additions. This request has been reviewed and the following reduction is being recommended for approval, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City: Current Security Amount Proposed Security Amount 1. Legacy at Northstar 2nd Addition: $ 939,097 $ 663,295 2. Legacy at Northstar 3rd Addition: $ 1,757,278 $ 1,109,482 3. Legacy at Northstar 4th Addition: $ 1,427,621 $ 671,618 Work within each of these developments have progressed in accordance with the development agreements and to the extent necessary to support a reduction in the security as detailed in this report. As part of this reduction the sanitary sewer and watermain improvements in the Legacy at Northstar 4th Addition have been accepted and the 2-year warranty period will be initiated. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reductions for the Legacy at Northstar 2nd, 3rd, and 4th Additions as detailed in this report and supporting documentation, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reductions for the Legacy at Northstar 2nd, 3rd, and 4th Additions as detailed in the attached Security Reduction Worksheets, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City.” ATTACHMENTS: 1. Security Reduction Worksheet – Legacy at Northstar 2nd Addition. 2. Security Reduction Worksheet – Legacy at Northstar 3rd Addition. 3. Security Reduction Worksheet – Legacy at Northstar 4th Addition. LEGACY AT NORTH STAR 2ND ADDITIONTime of Performance: October 31, 2019DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading NA NAIncluded in Grading SecuritySanitary Sewer$294,395$367,99475%$275,995Watermain $287,645 $359,55675%$269,667Storm Sewer (w/pond structures)$350,133$437,66650%$218,833$109,417Streets + Sidewalks$532,432$665,54050%$332,770$166,385Bituminous TrailsNANASurface Water Facilities$28,320$35,400Street Lighting$18,976$23,720Street Signs and Traffic Control Signs$1,750$2,188Private Utilities (electricity, natural gas, telephone, and cable)Builder Landscaping$48,640$60,800Landscaping$32,960$41,200Tree Preservation and RestorationNANAWetland Mitigation and BuffersNANAMonuments$7,000$8,750Erosion Control$21,838$27,298Record Drawings$5,000$6,250TOTALS$1,629,089$2,036,362RELEASED AMOUNTS:$1,097,266 $275,802$0 $0 $0 $0CUMMULATIVE AMOUNTS:$1,097,266 $1,373,067SECURITY AMOUNT REMAINING:$939,097 $663,295DATE: 1/21/2020 1/4/2022REDUCTIONS LEGACY AT NORTH STAR 3RD ADDITIONTime of Performance: October 31, 2021DEVELOPMENT AGREEMENT AMOUNTSCATEGORYCONSTRUCTION125% REMARKS#1 #2 #3 #4 #5 #6GradingNANAIncluded in Grading SecuritySanitary Sewer$311,625$389,531$292,148Watermain$314,469$393,086$294,815Storm Sewer (w/pond structures)$358,510$448,138$224,069Streets + Sidewalks$677,964$847,455$423,728Bituminous Trails$24,180$30,225Surface Water Facilities$13,495$16,869Street Lighting$48,000$60,000Street Signs and Traffic Control Signs$5,300$6,625Private Utilities (electricity, natural gas, telephone, and cable)Builder Landscaping$41,925$52,406Landscaping$60,775$75,969Tree Preservation and RestorationNANAWetland Mitigation and BuffersNANAMonuments$6,400$8,000Erosion Control$7,750$9,688Record Drawings$5,000$6,250TOTALS$1,875,393$2,344,241RELEASED AMOUNTS:$586,963 $647,796 $0 $0 $0 $0CUMMULATIVE AMOUNTS:$586,963 $1,234,759SECURITY AMOUNT REMAINING:$1,757,278 $1,109,482DATE: 1/5/2021 1/4/2022REDUCTIONS LEGACY AT NORTH STAR 4TH ADDITIONTime of Performance: October 31, 2022DEVELOPMENT AGREEMENT AMOUNTSCATEGORYCONSTRUCTION125% REMARKS#1 #2 #3 #4 #5 #6GradingNANAIncluded in Grading SecuritySanitary Sewer$186,083$232,604$174,453Watermain$204,483$255,604$191,703Storm Sewer (w/pond structures)$100,765$125,956$62,978Streets + Sidewalks$522,991$653,739$326,869Bituminous TrailsNANASurface Water FacilitiesNANAStreet Lighting$18,000$22,500Street Signs and Traffic Control Signs$5,575$6,969Private Utilities (electricity, natural gas, telephone, and cable)Builder Landscaping$48,400$60,500Landscaping$37,600$47,000Tree Preservation and RestorationNANAWetland Mitigation and BuffersNANAMonuments$6,200$7,750Erosion Control$7,000$8,750Record Drawings$5,000$6,250TOTALS$1,142,097$1,427,621RELEASED AMOUNTS:$756,003 $0 $0 $0 $0 $0CUMMULATIVE AMOUNTS:$756,003SECURITY AMOUNT REMAINING:$671,618DATE: 1/4/2022REDUCTIONS DATE: January 4, 2022 CONSENT AGENDA ITEM: Accept Bids and Award Contract for the Torre Pines Street and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the Torre Pines Street & Utility Improvements? BACKGROUND: On October 19, 2021, the City Council approved the plans and specifications for the Torre Pines Street and Utility Improvements and authorized staff to advertise the project for bids. The Project was advertised on QuestCDN.com and in the Stillwater Gazette in accordance with the Minnesota Competitive Bidding requirements. Curb replacement for the project was included as two bid alternates. Alternate 1 includes full replacement of concrete curb for the project streets. Alternate 2 includes spot replacement where only the curb in poor or damaged condition and curb sections needed to be removed for utility installation are proposed to be replaced. The City of Lake Elmo was approved to receive grant funding from the Minnesota Pollution Control Agency (MPCA) under the 2018 3M Settlement Agreement as an expedited project to extend municipal water and connect each of the 23 properties. The grant is in the amount of $2,243,000 and includes the public and private water system improvements, and the street and drainage improvements. The terms of the grant are outlined in the Grant Agreement between the City of Lake Elmo and the MPCA dated April 2, 2021. The neighborhood is located in a Special Well Construction Area (SWCA) as designated by the Minnesota Department of Health (MDH) after the discovery of PFAS groundwater contamination. Eleven (11) well advisories have been issued. The project includes the extension of public watermain from Inwood Avenue into and throughout the Torre Pines neighborhood to provide clean drinking water to 23 residential properties located along 21st Street, 22nd Street, and 22nd Street Court. Watermain will be installed through directional drilling to minimize impacts to the streets and boulevards. Individual water service stubs will be installed to the edge of right-of-way at each property. Following the watermain installation, street and drainage improvements will be completed including the excavation and replacement of the aggregate base to a depth of 6-inches, and pavement of a new bituminous surface. PROPOSAL DETAILS/ANALYSIS: A public improvement hearing was held on December 7, 2021 and property owners were provided the opportunity to address the City Council regarding the proposed improvements. Following the hearing the council adopted a Resolution to Order the Improvements. Bids were received and opened electronically on December 15, 2021. The City received 6 bids for this project, with Jacon LLC providing the lowest responsive bid for the base bid plus Alternate 1 including full curb replacement, and the lowest responsive bid for the base bid plus Alternate 2 including spot curb replacement. The bid alternatives were reviewed and it was determined that the spot curb replacement would achieve the best overall value while minimizing impacts to adjacent properties. Contractor references for Jacon, LLC were reviewed by the City’s engineering consultant for the project and a letter recommending the award of the project is attached as part of this agenda item. The City Engineer and his consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Jacon, LLC for the base bid plus alternate 2 for spot curb replacement in the amount of $1,344,107.16. It should also be noted that the apparent low bidder was originally McNamara Contracting until it was determined that McNamara intentionally bid the project as a full reclaim using the in place aggregate base materials instead of replacing the top six inches with new class 6 aggregate as was required by the project design. McNamara’s bid was therefore determined to be nonconforming. As a part of this award staff is requesting Council to provide the City Administrator authorization to enter into a material testing contract for the geotechnical construction phase services for the project in the not-to-exceed amount of $20,000. Staff has requested proposals from Braun Intertec and AET, Inc. FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract for the project. The total estimated Post-bid project cost is $2,136,000. This includes $684,000 for the public watermain improvements, $1,027,200 for the street and drainage improvements, and $424,000.00 for the private water service connections/well sealing improvements. All improvements will be funded through a grant from the MPCA under the 2018 3M Settlement Agreement as an expedited project. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, a resolution accepting bids and awarding a contract to Jacon, LLC for the base bid plus alternate #2 Spot Curb replacement in the low bid amount of $1,344,107.16 for the Torre Pines Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2022–007, accepting bids and awarding a contract to Jacon LLC for the base bid plus alternate #2 Spot Curb replacement in the amount of $1,344,107.16 for the Torre Pines Street and Utility Improvements.” Staff is also recommending that the City Council authorize, as part of the consent agenda, the City Administrator to enter into a material testing contract for geotechnical construction phase services for the porject, in the not-to-exceed amount of $20,000. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to authorize the City Administrator to enter into a material testing contract for geotechnical construction phase services in the not-to-exceed amount of $20,000 for the Torre Pines Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Accepting Bids and Awarding a Contract for the Torre Pines Street and Utility Improvements. 2. Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-007 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TORRE PINES STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Torre Pines Street and Utility Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittal were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Jacon LLC for the base bid plus alternate #2 Spot Curb replacement amount of $1,344.107.16. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF JANUARY, 2022. CITY OF LAKE ELMO By: __________________________ (Seal) Charles Cadenhead ATTEST: Mayor ________________________________ Julie Johnson City Clerk h:\lkelmn\0n1125010\6_plans-specs\b_bid documents\125010 award ltr.docx December 27, 2021 Jack Griffin, P.E. City Engineer City of Lake Elmo 3880 Laverne Avenue N Lake Elmo, Minnesota 55042 RE: Torre Pines Street and Utility Improvements City of Lake Elmo, MN City Project No. 2020.122 BMI Project No. 0N1.125010 Dear Mr. Griffin, Attached is the bid abstract for the project referenced above. Six (6) bids were received at 10:00 a.m. on Wednesday, December 15, 2021. The following is a summary of the bids received: Bidder Base Bid + Alternate No. 1 Base Bid + Alternate No. 2 McNamara Contracting $1,457,204.00 $1,223,627.00 Jacon LLC $1,585,242.51 $1,344,107.16 Meyer Contracting Inc. $1,621,967.50 $1,481,053.75 Northdale Construction Co., Inc. $1,630,945.84 $1,454,447.14 A-1 Excavating, Inc. $1,659,665.00 $1,483,380.00 Forest Lake Contracting, Inc. $1,802,748.60 $1,575,856.00 Alternate No. 1 includes the removal and replacement of all the curb and gutter within the neighborhood. Alternate No. 2 includes the removal and replacement of only the portions of the curb and gutter that are damaged or in conflict with other work within the project scope. The bid documents were set up such that either Alternate No. 1 or Alternate No. 2 shall be awarded along with the Base Bid for a complete project. After reviewing the alternates with City staff, we recommend awarding the Base Bid and Alternate No. 2. Upon review of all the bids, the bid from McNamara Contracting was determined to be nonconforming and is recommended to be discarded. A unit price of $0.00 was bid for Aggregate Base Class 6, which was a bid item required per the contract documents. Therefore, we recommend awarding the project to Jacon LLC for the Base Bid and Alternate No. 2 in the amount of $1,344,107.16. Sincerely, Bolton & Menk, Inc. Michael R. Warner, P.E. Project Manager Enclosure 1 2 3 4 5 6 NO.ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BID 1 INLET PROTECTION EA 20 $225.00 $4,500.00 $250.00 $5,000.00 $172.00 $3,440.00 $350.02 $7,000.40 $75.00 $1,500.00 $150.00 $3,000.00 2 SILT FENCE, MACHINE SLICED LF 1,785 $4.00 $7,140.00 $3.00 $5,355.00 $2.30 $4,105.50 $3.36 $5,997.60 $2.00 $3,570.00 $3.00 $5,355.00 3 SEDIMENT CONTROL LOG, TYPE WOOD FIBER LF 80 $5.80 $464.00 $3.00 $240.00 $6.40 $512.00 $7.62 $609.60 $6.00 $480.00 $7.00 $560.00 4 TEMPORARY MAILBOX EA 23 $130.00 $2,990.00 $200.00 $4,600.00 $275.00 $6,325.00 $131.25 $3,018.75 $200.00 $4,600.00 $100.00 $2,300.00 5 CLEARING EA 34 $315.00 $10,710.00 $253.68 $8,625.12 $300.00 $10,200.00 $219.24 $7,454.16 $285.00 $9,690.00 $300.00 $10,200.00 6 GRUBBING EA 34 $210.00 $7,140.00 $253.68 $8,625.12 $200.00 $6,800.00 $145.11 $4,933.74 $215.00 $7,310.00 $200.00 $6,800.00 7 CLEAR BRUSH SY 600 $10.50 $6,300.00 $19.17 $11,502.00 $10.00 $6,000.00 $10.50 $6,300.00 $15.00 $9,000.00 $16.38 $9,828.00 8 DITCH GRADING (AT FLARED END)EA 4 $600.00 $2,400.00 $500.00 $2,000.00 $263.00 $1,052.00 $250.00 $1,000.00 $400.00 $1,600.00 $1,800.00 $7,200.00 9 DITCH GRADING LF 40 $6.00 $240.00 $120.00 $4,800.00 $18.25 $730.00 $100.00 $4,000.00 $40.00 $1,600.00 $45.00 $1,800.00 10 16" X 8" WET TAP, INCL 8" GATE VALVE & BOX EA 1 $7,000.00 $7,000.00 $577.31 $577.31 $16,249.00 $16,249.00 $17,189.64 $17,189.64 $8,800.00 $8,800.00 $13,000.00 $13,000.00 11 HYDRANT EA 9 $7,000.00 $63,000.00 $6,129.00 $55,161.00 $7,092.00 $63,828.00 $6,940.08 $62,460.72 $6,600.00 $59,400.00 $7,800.00 $70,200.00 12 HYDRANT EXTENSION LF 5 $1,025.00 $5,125.00 $1,528.00 $7,640.00 $1,270.00 $6,350.00 $1,479.76 $7,398.80 $1,075.00 $5,375.00 $1,300.00 $6,500.00 13 CONCRETE HYDRANT SPLASH PAD SF 90 $16.00 $1,440.00 $23.00 $2,070.00 $11.25 $1,012.50 $14.71 $1,323.90 $26.00 $2,340.00 $50.00 $4,500.00 14 6" GATE VALVE AND BOX EA 9 $1,550.00 $13,950.00 $2,128.00 $19,152.00 $2,760.00 $24,840.00 $1,935.31 $17,417.79 $2,000.00 $18,000.00 $2,300.00 $20,700.00 15 8" GATE VALVE AND BOX EA 7 $4,900.00 $34,300.00 $2,785.00 $19,495.00 $4,924.00 $34,468.00 $2,420.96 $16,946.72 $4,000.00 $28,000.00 $4,800.00 $33,600.00 16 VALVE BOX EXTENSION LF 16 $140.00 $2,240.00 $92.00 $1,472.00 $226.00 $3,616.00 $310.18 $4,962.88 $80.00 $1,280.00 $200.00 $3,200.00 17 1.5" CORPORATION STOP W/ SADDLE EA 23 $585.00 $13,455.00 $674.00 $15,502.00 $1,435.00 $33,005.00 $632.36 $14,544.28 $1,600.00 $36,800.00 $2,800.00 $64,400.00 18 2" CORPORATION STOP EA 1 $775.00 $775.00 $633.00 $633.00 $1,603.00 $1,603.00 $544.82 $544.82 $2,400.00 $2,400.00 $1,300.00 $1,300.00 19 1.5" CURB STOP & BOX EA 23 $625.00 $14,375.00 $682.00 $15,686.00 $990.50 $22,781.50 $619.81 $14,255.63 $1,200.00 $27,600.00 $800.00 $18,400.00 20 2" CURB STOP & BOX EA 1 $1,000.00 $1,000.00 $868.00 $868.00 $1,488.00 $1,488.00 $993.07 $993.07 $1,770.00 $1,770.00 $1,300.00 $1,300.00 21 1.5" TYPE "K" COPPER WATER SERVICE LF 850 $49.50 $42,075.00 $26.04 $22,134.00 $65.25 $55,462.50 $54.34 $46,189.00 $69.00 $58,650.00 $37.00 $31,450.00 22 2" TYPE "K" COPPER WATER SERVICE LF 11 $75.00 $825.00 $126.70 $1,393.70 $290.00 $3,190.00 $62.81 $690.91 $114.00 $1,254.00 $80.00 $880.00 FOREST LAKE CONTRACTING, INC. BID DATE: DECEMBER 15, 2021 AT 10:00 AM MCNAMARA CONTRACTING A-1 EXCAVATING INC.JACON LLC NORTHDALE CONSTRUCTION CO., INC.MEYER CONTRACTING INC. ABSTRACT OF BIDS TORRE PINES STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 2020.122 CITY OF LAKE ELMO, MN 1 2 3 4 5 6 NO.ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE FOREST LAKE CONTRACTING, INC. BID DATE: DECEMBER 15, 2021 AT 10:00 AM MCNAMARA CONTRACTING A-1 EXCAVATING INC.JACON LLC NORTHDALE CONSTRUCTION CO., INC.MEYER CONTRACTING INC. ABSTRACT OF BIDS TORRE PINES STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 2020.122 CITY OF LAKE ELMO, MN 23 4" DIP, CL. 52 WATERMAIN, INCL POLY WRAP LF 12 $75.00 $900.00 $134.00 $1,608.00 $178.50 $2,142.00 $85.03 $1,020.36 $116.00 $1,392.00 $241.00 $2,892.00 24 6" DIP, CL. 52 WATERMAIN, INCL POLY WRAP LF 150 $65.00 $9,750.00 $65.00 $9,750.00 $100.50 $15,075.00 $77.31 $11,596.50 $94.00 $14,100.00 $79.00 $11,850.00 25 10" HDPE WATERMAIN, DIRECTIONAL DRILL LF 4,400 $68.00 $299,200.00 $63.75 $280,500.00 $71.50 $314,600.00 $73.16 $321,904.00 $82.00 $360,800.00 $85.00 $374,000.00 26 DUCTILE IRON FITTINGS LB 2,100 $12.00 $25,200.00 $4.28 $8,988.00 $8.80 $18,480.00 $16.46 $34,566.00 $1.00 $2,100.00 $8.00 $16,800.00 27 10" HDPE TO 8" DIP TRANSITION FITTINGS EA 34 $1,050.00 $35,700.00 $1,417.00 $48,178.00 $2,078.00 $70,652.00 $1,204.85 $40,964.90 $300.00 $10,200.00 $850.00 $28,900.00 28 4" INSULATION SF 100 $4.50 $450.00 $9.98 $998.00 $25.00 $2,500.00 $9.89 $989.00 $6.00 $600.00 $5.00 $500.00 29 REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE LF 35 $30.00 $1,050.00 $44.36 $1,552.60 $37.50 $1,312.50 $25.00 $875.00 $25.00 $875.00 $18.00 $630.00 30 REMOVE AND DISPOSE OF EXISTING STORM SEWER STRUCTURE EA 1 $750.00 $750.00 $1,725.00 $1,725.00 $465.50 $465.50 $1,000.00 $1,000.00 $600.00 $600.00 $550.00 $550.00 31 CONNECT TO EXISTING STORM SEWER PIPE EA 3 $1,300.00 $3,900.00 $1,600.00 $4,800.00 $672.50 $2,017.50 $1,666.67 $5,000.01 $2,200.00 $6,600.00 $1,000.00 $3,000.00 32 12" RCP STORM SEWER, CL 5 LF 24 $82.00 $1,968.00 $195.00 $4,680.00 $113.00 $2,712.00 $74.73 $1,793.52 $116.00 $2,784.00 $180.00 $4,320.00 33 15" RCP STORM SEWER, CL 5 LF 7 $90.00 $630.00 $250.00 $1,750.00 $175.00 $1,225.00 $79.78 $558.46 $123.00 $861.00 $220.00 $1,540.00 34 SALVAGE & REINSTALL 12" RCP FLARED END SECTION EA 1 $575.00 $575.00 $750.00 $750.00 $913.50 $913.50 $2,204.17 $2,204.17 $1,000.00 $1,000.00 $840.00 $840.00 35 SALVAGE & REINSTALL 18" RCP STORM SEWER LS 1 $2,400.00 $2,400.00 $4,200.00 $4,200.00 $5,482.00 $5,482.00 $2,204.17 $2,204.17 $3,500.00 $3,500.00 $2,000.00 $2,000.00 36 6' DIA CBMH WITH CASTING PER DETAIL 406 EA 1 $9,400.00 $9,400.00 $11,500.00 $11,500.00 $10,132.00 $10,132.00 $6,625.00 $6,625.00 $6,800.00 $6,800.00 $7,400.00 $7,400.00 37 SALVAGE AND REINSTALL CASTING WITH NEW RINGS EA 18 $660.00 $11,880.00 $683.31 $12,299.58 $617.50 $11,115.00 $1,381.63 $24,869.34 $650.00 $11,700.00 $700.00 $12,600.00 38 PATCH DOGHOUSES EA 5 $275.00 $1,375.00 $575.00 $2,875.00 $267.50 $1,337.50 $500.00 $2,500.00 $550.00 $2,750.00 $350.00 $1,750.00 39 PATCH INVERT EA 7 $900.00 $6,300.00 $657.14 $4,599.98 $169.50 $1,186.50 $1,000.00 $7,000.00 $750.00 $5,250.00 $610.00 $4,270.00 40 JET AND CLEAN STORM PIPE LF 500 $10.00 $5,000.00 $17.48 $8,740.00 $11.25 $5,625.00 $11.81 $5,905.00 $9.00 $4,500.00 $9.00 $4,500.00 41 RANDOM RIPRAP CL III WITH FABRIC CY 40 $110.00 $4,400.00 $150.00 $6,000.00 $156.00 $6,240.00 $150.00 $6,000.00 $90.00 $3,600.00 $150.00 $6,000.00 42 REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT SY 13,200 $2.60 $34,320.00 $10.16 $134,112.00 $2.40 $31,680.00 $3.16 $41,712.00 $3.00 $39,600.00 $4.50 $59,400.00 43 COMMON EXCAVATION (EV) (P)CY 2,200 $31.00 $68,200.00 $22.41 $49,302.00 $38.00 $83,600.00 $35.09 $77,198.00 $19.00 $41,800.00 $30.00 $66,000.00 44 SUBGRADE EXCAVATION CY 800 $37.00 $29,600.00 $11.00 $8,800.00 $19.25 $15,400.00 $35.09 $28,072.00 $14.00 $11,200.00 $23.00 $18,400.00 45 GRANULAR BORROW (CV)CY 800 $34.00 $27,200.00 $23.00 $18,400.00 $23.75 $19,000.00 $33.01 $26,408.00 $26.00 $20,800.00 $26.00 $20,800.00 1 2 3 4 5 6 NO.ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE FOREST LAKE CONTRACTING, INC. BID DATE: DECEMBER 15, 2021 AT 10:00 AM MCNAMARA CONTRACTING A-1 EXCAVATING INC.JACON LLC NORTHDALE CONSTRUCTION CO., INC.MEYER CONTRACTING INC. ABSTRACT OF BIDS TORRE PINES STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 2020.122 CITY OF LAKE ELMO, MN 46 AGGREGATE BASE, CLASS 6 (CV)CY 2,550 $0.00 $0.00 $20.00 $51,000.00 $41.00 $104,550.00 $36.62 $93,381.00 $29.00 $73,950.00 $44.00 $112,200.00 47 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)TN 1,310 $79.00 $103,490.00 $96.85 $126,873.50 $81.75 $107,092.50 $80.85 $105,913.50 $80.00 $104,800.00 $86.00 $112,660.00 48 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,C)TN 1,750 $77.00 $134,750.00 $101.74 $178,045.00 $78.75 $137,812.50 $78.75 $137,812.50 $78.00 $136,500.00 $80.00 $140,000.00 49 BITUMINOUS MATERIAL FOR TACK COAT GAL 970 $2.60 $2,522.00 $2.00 $1,940.00 $2.10 $2,037.00 $2.78 $2,696.60 $5.00 $4,850.00 $1.55 $1,503.50 50 CONCRETE APPROACH NOSE EA 3 $675.00 $2,025.00 $690.00 $2,070.00 $697.00 $2,091.00 $1,224.50 $3,673.50 $800.00 $2,400.00 $1,350.00 $4,050.00 51 REMOVE SIGNS & POST EA 7 $45.00 $315.00 $51.75 $362.25 $45.00 $315.00 $52.50 $367.50 $125.00 $875.00 $45.00 $315.00 52 SALVAGE AND REINSTALL SIGN PANEL EA 1 $490.00 $490.00 $189.75 $189.75 $165.00 $165.00 $78.75 $78.75 $225.00 $225.00 $165.00 $165.00 53 SIGN PANELS TYPE C SF 56 $63.00 $3,528.00 $69.00 $3,864.00 $60.00 $3,360.00 $65.10 $3,645.60 $64.00 $3,584.00 $60.00 $3,360.00 54 STREET NAME BLADE SIGN (2 BLADES)EA 2 $200.00 $400.00 $201.25 $402.50 $175.00 $350.00 $525.00 $1,050.00 $550.00 $1,100.00 $175.00 $350.00 55 STREET NAME BLADE SIGN (2 BLADES), INCLUDING POST EA 1 $370.00 $370.00 $402.50 $402.50 $350.00 $350.00 $656.25 $656.25 $675.00 $675.00 $350.00 $350.00 56 STREET NAME BLADE SIGN (3 BLADES)EA 1 $300.00 $300.00 $322.00 $322.00 $350.00 $350.00 $708.75 $708.75 $725.00 $725.00 $280.00 $280.00 57 SEED MIXTURE 35-241 & EROSION CONTROL BLANKET SY 810 $5.50 $4,455.00 $2.85 $2,308.50 $6.40 $5,184.00 $6.56 $5,313.60 $8.00 $6,480.00 $6.25 $5,062.50 58 STREET SWEEPER WITH PICK UP BROOM HR 20 $150.00 $3,000.00 $150.00 $3,000.00 $135.00 $2,700.00 $288.75 $5,775.00 $135.00 $2,700.00 $145.00 $2,900.00 TOTAL BASE BID $1,077,237.00 $1,209,419.41 $1,296,308.00 $1,257,270.39 $1,183,295.00 $1,348,611.00 BID ALTERNATE 1 - FULL CURB REPLACEMENT 59 MOBILIZATION LS 1 $26,000.00 $26,000.00 $16,000.00 $16,000.00 $39,600.00 $39,600.00 $28,926.25 $28,926.25 $132,400.00 $132,400.00 $90,000.00 $90,000.00 60 TRAFFIC CONTROL LS 1 $3,600.00 $3,600.00 $3,976.00 $3,976.00 $7,900.00 $7,900.00 $14,700.00 $14,700.00 $22,000.00 $22,000.00 $3,450.00 $3,450.00 61 SILT FENCE, MACHINE SLICED LF 330 $5.20 $1,716.00 $3.00 $990.00 $2.30 $759.00 $3.36 $1,108.80 $2.00 $660.00 $2.25 $742.50 62 CLEAR BRUSH SY 70 $10.50 $735.00 $16.43 $1,150.10 $10.00 $700.00 $10.50 $735.00 $15.00 $1,050.00 $20.93 $1,465.10 63 SAWCUT BITUMINOUS PAVEMENT LF 390 $3.60 $1,404.00 $5.00 $1,950.00 $1.90 $741.00 $2.00 $780.00 $4.00 $1,560.00 $4.00 $1,560.00 64 SAWCUT CONCRETE PAVEMENT LF 140 $5.30 $742.00 $8.00 $1,120.00 $5.50 $770.00 $5.78 $809.20 $7.00 $980.00 $6.00 $840.00 65 REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT (DRIVEWAY)SY 220 $15.50 $3,410.00 $10.35 $2,277.00 $7.90 $1,738.00 $15.00 $3,300.00 $8.00 $1,760.00 $8.00 $1,760.00 1 2 3 4 5 6 NO.ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE FOREST LAKE CONTRACTING, INC. BID DATE: DECEMBER 15, 2021 AT 10:00 AM MCNAMARA CONTRACTING A-1 EXCAVATING INC.JACON LLC NORTHDALE CONSTRUCTION CO., INC.MEYER CONTRACTING INC. ABSTRACT OF BIDS TORRE PINES STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 2020.122 CITY OF LAKE ELMO, MN 66 REMOVE AND DISPOSE OF CONCRETE PAVEMENT (DRIVEWAY)SY 100 $24.00 $2,400.00 $31.05 $3,105.00 $11.50 $1,150.00 $20.00 $2,000.00 $12.00 $1,200.00 $9.00 $900.00 67 REMOVE AND DISPOSE OF CONCRETE CURB & GUTTER LF 9,300 $8.50 $79,050.00 $3.54 $32,922.00 $2.00 $18,600.00 $4.00 $37,200.00 $3.00 $27,900.00 $4.00 $37,200.00 68 BITUMINOUS DRIVEWAY PAVEMENT SY 220 $36.00 $7,920.00 $57.50 $12,650.00 $43.50 $9,570.00 $51.50 $11,330.00 $43.00 $9,460.00 $48.00 $10,560.00 69 6" CONCRETE DRIVEWAY PAVEMENT SY 100 $76.50 $7,650.00 $113.85 $11,385.00 $94.75 $9,475.00 $99.80 $9,980.00 $89.00 $8,900.00 $111.00 $11,100.00 70 B618 CONCRETE CURB & GUTTER LF 9,300 $14.20 $132,060.00 $16.33 $151,869.00 $15.75 $146,475.00 $14.65 $136,245.00 $14.50 $134,850.00 $21.00 $195,300.00 71 TOPSOIL BORROW (LV)CY 1,550 $45.00 $69,750.00 $30.00 $46,500.00 $21.25 $32,937.50 $45.00 $69,750.00 $33.00 $51,150.00 $29.00 $44,950.00 72 SEED MIXTURE 35-241 & HYDRAULIC MULCH SY 220 $9.50 $2,090.00 $21.95 $4,829.00 $2.20 $484.00 $2.26 $497.20 $5.00 $1,100.00 $3.00 $660.00 73 SODDING, TYPE LAWN SY 7,400 $5.60 $41,440.00 $11.50 $85,100.00 $7.40 $54,760.00 $7.61 $56,314.00 $11.00 $81,400.00 $7.25 $53,650.00 TOTAL BID ALTERNATE 1 $379,967.00 $375,823.10 $325,659.50 $373,675.45 $476,370.00 $454,137.60 BID ALTERNATE 2 - SPOT CURB REPLACEMENT 74 MOBILIZATION LS 1 $19,000.00 $19,000.00 $9,000.00 $9,000.00 $39,600.00 $39,600.00 $29,976.25 $29,976.25 $133,400.00 $133,400.00 $83,000.00 $83,000.00 75 TRAFFIC CONTROL LS 1 $4,700.00 $4,700.00 $5,117.50 $5,117.50 $8,450.00 $8,450.00 $14,700.00 $14,700.00 $22,000.00 $22,000.00 $4,450.00 $4,450.00 76 SAWCUT BITUMINOUS PAVEMENT LF 225 $4.30 $967.50 $5.00 $1,125.00 $1.90 $427.50 $2.00 $450.00 $4.00 $900.00 $4.00 $900.00 77 SAWCUT CONCRETE PAVEMENT LF 50 $2.70 $135.00 $8.00 $400.00 $4.50 $225.00 $5.78 $289.00 $7.00 $350.00 $6.00 $300.00 78 REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT (DRIVEWAY)SY 80 $20.00 $1,600.00 $10.35 $828.00 $7.90 $632.00 $20.00 $1,600.00 $12.00 $960.00 $11.00 $880.00 79 REMOVE AND DISPOSE OF CONCRETE PAVEMENT (DRIVEWAY)SY 35 $24.00 $840.00 $32.00 $1,120.00 $11.50 $402.50 $25.00 $875.00 $20.00 $700.00 $11.00 $385.00 80 REMOVE AND DISPOSE OF CONCRETE CURB & GUTTER - SPOT REPAIR LF 2,000 $10.40 $20,800.00 $6.18 $12,360.00 $5.20 $10,400.00 $10.00 $20,000.00 $7.00 $14,000.00 $13.00 $26,000.00 81 BITUMINOUS DRIVEWAY PAVEMENT SY 80 $54.00 $4,320.00 $75.90 $6,072.00 $43.50 $3,480.00 $71.20 $5,696.00 $60.00 $4,800.00 $56.00 $4,480.00 82 6" CONCRETE DRIVEWAY PAVEMENT SY 35 $76.50 $2,677.50 $113.85 $3,984.75 $94.75 $3,316.25 $104.80 $3,668.00 $115.00 $4,025.00 $160.00 $5,600.00 83 B618 CONCRETE CURB & GUTTER - SPOT REPAIR LF 2,000 $27.00 $54,000.00 $32.49 $64,980.00 $39.25 $78,500.00 $34.76 $69,520.00 $33.00 $66,000.00 $30.00 $60,000.00 84 TOPSOIL BORROW (LV)CY 300 $60.00 $18,000.00 $30.00 $9,000.00 $21.25 $6,375.00 $55.25 $16,575.00 $33.00 $9,900.00 $29.00 $8,700.00 85 SEED MIXTURE 25-131 & HYDRAULIC MULCH SY 150 $10.00 $1,500.00 $7.67 $1,150.50 $12.75 $1,912.50 $13.13 $1,969.50 $15.00 $2,250.00 $13.00 $1,950.00 1 2 3 4 5 6 NO.ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE FOREST LAKE CONTRACTING, INC. BID DATE: DECEMBER 15, 2021 AT 10:00 AM MCNAMARA CONTRACTING A-1 EXCAVATING INC.JACON LLC NORTHDALE CONSTRUCTION CO., INC.MEYER CONTRACTING INC. ABSTRACT OF BIDS TORRE PINES STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 2020.122 CITY OF LAKE ELMO, MN 86 SODDING, TYPE LAWN SY 1,700 $10.50 $17,850.00 $11.50 $19,550.00 $18.25 $31,025.00 $18.74 $31,858.00 $24.00 $40,800.00 $18.00 $30,600.00 TOTAL BID ALTERNATE 2 $146,390.00 $134,687.75 $184,745.75 $197,176.75 $300,085.00 $227,245.00 TOTAL BASE BID + ALTERNATE 1 - FULL CURB REPLACEMENT $1,457,204.00 $1,585,242.51 $1,621,967.50 $1,630,945.84 $1,659,665.00 $1,802,748.60 TOTAL BASE BID + ALTERNATE 2 - SPOT CURB REPLACEMENT $1,223,627.00 $1,344,107.16 $1,481,053.75 $1,454,447.14 $1,483,380.00 $1,575,856.00 PROJECT SCHEDULE  CITY OF LAKE ELMO    TORRES PINES STREET AND UTILITY IMPROVEMENTS  PROJECT NO. 2020.122  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283                 APRIL 6, 2021  Council Approves MPCA Grant Agreement.      JULY 6, 2021  Council orders preparation of Feasibility Report and Design Phase Services.      OCTOBER 19, 2021  Presentation  of  Feasibility  Report.  Council  accepts  Report  and  calls  for  Improvement Hearing. Council approves Plans and Specifications and orders  Advertisement for Bids.    DECEMBER 7, 2021     Public Improvement Hearing. Council Orders the Improvement (4/5th Vote).      DECEMBER  15, 2021    Project Bid Date: Receive contractor bids.      JANUARY 4, 2022    Council accepts Bids and awards Contract (bids may be held for 60 days).      MARCH, 2022    Conduct Pre‐Construction Meeting and issue Notice to Proceed.   OCTOBER 14, 2022    Substantial Completion.   NOVEMBER 25, 2022    Final Completion.      *Final Assessment Hearing Schedule TBD       DATE: January 4, 2022 CONSENT AGENDA ITEM: Accept Bids and Award Contract for the Whistling Valley Street and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the Whistling Valley Street and Utility Improvements? BACKGROUND: On October 19, 2021, the City Council approved the plans and specifications for the Whistling Valley Street and Utility Improvements and authorized staff to advertise the project for bids. The Project was advertised on QuestCDN.com and in the Stillwater Gazette in accordance with the Minnesota Competitive Bidding requirements. The City of Lake Elmo was approved to receive grant funding from the Minnesota Pollution Control Agency (MPCA) under the 2018 3M Settlement Agreement as an expedited project to extend municipal water and connect each of the 42 properties. The grant is in the amount of $3,660,000 and includes the public and private water system improvements, and the street and drainage improvements. The terms of the grant are outlined in the Grant Agreement between the City of Lake Elmo and the MPCA dated April 2, 2021. The neighborhood is located in a Special Well Construction Area (SWCA) as designated by the Minnesota Department of Health (MDH) after the discovery of PFAS groundwater contamination. Eighteen (18) well advisories have been issued. The project will extend public watermain from 10th Street North into the neighborhood along 10th Street Lane, Whistling Valley Road, and Whistling Valley Trail. Watermain will be installed through directional drilling to minimize impacts to the streets and boulevards. Individual water service stubs will be installed to the edge of right-of-way at each of the 37 platted properties, and the project design includes the connection of public watermain to the private HOA owned watermain that provides water service to the remaining 5 properties. The project will include grant funding and administrative processes for encouraging each property to complete the private service connection from the right-of-way to each home, including water meter installation, removal of granular activated carbon treatment systems (if applicable), sealing of any private well, and all permitting and connection fees. The private water connection and well sealing improvements will be contracted separately by each property owner. Following the watermain installation, street and drainage improvements will be completed including the removal and replacement of the bituminous surface and 6-inches of aggregate base material while leaving the exiting curb and gutter in place. The existing D412 concrete curb and gutter was found to be in good condition, therefore only curb and gutter sections found to be cracked or damaged will be replaced. Leaving the existing curb also minimizes construction and drainage impacts to the neighborhood and maintains the urban section roadways at the existing 24-foot widths. Ribbon curb will be installed along the 22-foot-wide rural street segments to provide better edge protection and creating a 24-foot-wide reconstructed street. PROPOSAL DETAILS/ANALYSIS: A public improvement hearing was held on December 7, 2021 and property owners were provided the opportunity to address the City Council regarding the proposed improvements. Following the hearing the council adopted a Resolution to Order the Improvements. Direction was also provided to staff to meet with the 5 properties in the Whistling Valley 3rd Addition with a shared private well to review design alternatives or options that may be available to address the shared private well issue as it relates to connection to City water. This work will be implemented prior to the start of construction. Bids were received and opened electronically on December 8, 2021. The City received 7 bids for this project, with Jacon, LLC. providing the lowest bid in the amount of $2,270,606.45. Contractor references for Jacon, LLC were reviewed by the City’s engineering consultant for the project and a letter recommending the award of the project is attached as part of this agenda item. The City Engineer and his consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Jacon, LLC as outlined in the attached letter. As a part of this award staff is requesting Council to provide the City Administrator authorization to enter into a material testing contract for the geotechnical construction phase services for the project in the not-to-exceed amount of $25,000. Staff has requested proposals from Braun Intertec and AET, Inc. FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract for the project. The total estimated Post-bid project cost is $3,521,698.20. This includes $1,161,079.28 for the public watermain improvements, $1,741,618.92 for the street and drainage improvements, and $619,000.00 for the private water service connections/well sealing improvements. All improvements will be funded through a grant from the MPCA under the 2018 3M Settlement Agreement as an expedited project. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, a resolution accepting bids and awarding a contract to Jacon, LLC in the low bid amount of $2,270,606.45 for the Whistling Valley Street and Utility Improvements. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve Resolution No. 2022–XXX, accepting bids and awarding a contract to Jacon, LLC in the amount of $2,270,606.45 for the Whistling Valley Street and Utility Improvements.” Staff is also recommending that the City Council authorize, as part of the consent agenda, the City Administrator to enter into a material testing contract for geotechnical construction phase services for the project, in the not-to-exceed amount of $25,000. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to authorize the City Administrator to enter into a material testing contract for geotechnical construction phase services in the not-to-exceed amount of $25,000 for the Whistling Valley Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Accepting Bids and Awarding a Contract for the Whistling Valley Street and Utility Improvements. 2. Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-008 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Whistling Valley Street and Utility Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittal were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Jacon, LLC, for the bid amount of $2,270,606.45. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF JANUARY, 2022. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10400 Yellow Circle Drive, Suite 500, Minnetonka, MN 55343-9229 952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer December 21, 2021 RE: City of Lake Elmo, MN Whistling Valley Street & Utility Imp. Award Recommendation Project No. 2020.123 SEH No. LAKMO 161595 Jack Griffin City of Lake Elmo 3880 Laverne Avenue North, Suite 100 Lake Elmo, MN 55042 On December 8, 2021, 7 bids were received for the above-referenced project. The bids ranged from a high of $3,112,514.65 to a low of $2,270,606.45. The low bid received was submitted by Jacon LLC of Vadnais Heights, MN in the amount of $2,270,606.45. Jacon LLC $2,270,606.45 A-1 Excavating, Inc. $2,484,444.80 McNamara Contracting, Inc. $2,578,593.79 T.A. Schifsky & Sons, Inc. $2,767,349.13 Northdale Const. Co., Inc. $2,828,480.21 Meyer Contracting, Inc. $2,999,990.98 Dresel Contracting, Inc. $3,112,514.65 We have attached a detailed bid tabulation. In reliance on materials and information provided by the contractor, Jacon LLC, we have determined that according to the bonding agent, they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Jacon LLC has completed similar work for Benson Orth Associates, Kraus-Anderson, WSB Engineering, and others in surrounding communities in the past. SEH engineers can conclude that Jacon LLC has the experience and ability to complete a project of this size and scope. Accordingly, we recommend the project be awarded to Jacon LLC in the amount of $2,270,606.45 at your next available City Council meeting. Please contact me if you need any additional information or wish to discuss further. I can be reached at 952.797.2329 (mobile), or via email at dhutton@sehinc.com. Sincerely, David E. Hutton, PE (Lic. MN, ND, WI) Project Manager Enclosure: Bid Tabulation x:\ko\l\lakmo\161595\6-bid-const\recaward ltr.docx TABULATION OF BIDS1234567Whistling Valley Street & Utility ImprovementsJACON LLC A-1 Excavating Inc.McNamara Contracting, Inc. T.A. Schifsky & Sons, Inc. Northdale Const Co., Inc. Meyer Contracting Inc.Dresel Contracting Inc.Lake Elmo, Minnesota3900 LaBore RoadPO Box 9016700 Chippendale Ave2370 Highway 36 East9760 71st Street NE11000 93rd Ave N24044 July AvenueSEH No.: LAKMO 161595Vadnais Heights, MN 55110 Bloomer, WI 54724Rosemount, MN 55068North Saint Paul, MN 55109 Albertville, MN 55301Maple Grove, MN 55369Chisago City, MN 55013Bid Date: 10:00 a.m., Wednesday, December 8, 2021Item No.ItemUnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1 MOBILIZATIONLUMP SUM1 $111,784.30 $111,784.30 $196,000.00 $196,000.00 $71,000.00 $71,000.00 $133,000.00 $133,000.00 $187,300.00 $187,300.00 $149,999.54 $149,999.54 $178,200.00 $178,200.002 CLEARING AND GRUBBINGACRE1 10,200.00 10,200.00 8,000.00 8,000.00 9,400.00 9,400.00 9,240.00 9,240.00 9,345.00 9,345.00 8,800.00 8,800.00 12,000.00 12,000.003 REMOVE CONCRETE CURB AND GUTTERLIN FT 46795.43 25,406.976.00 28,074.00 11.50 53,808.506.50 30,413.50 10.00 46,790.008.49 39,724.714.23 19,792.174 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 13 31.05403.65 20.00260.00 104.00 1,352.00 50.00650.00 30.00390.00 12.61163.93 30.92401.965 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 30 10.35310.50 10.00300.00 61.00 1,830.00 50.00 1,500.00 10.00300.00 10.09302.70 13.40402.006 SALVAGE AND REINSTALL DRIVEWAY PAVERS SQ YD 34 190.00 6,460.0030.00 1,020.00 320.00 10,880.00 50.00 1,700.00 15.00510.00 230.32 7,830.88 158.82 5,399.887 SAWING PAVEMENT (FULL DEPTH)LIN FT 6705.00 3,350.003.00 2,010.004.00 2,680.002.50 1,675.005.00 3,350.003.87 2,592.903.60 2,412.008 REMOVE SEWER PIPE (STORM)SQ YD 55 35.00 1,925.00 20.00 1,100.00 30.00 1,650.00 15.75866.25 15.00825.00 16.81924.55 15.16833.809 REMOVE BITUMINOUS PAVEMENT (P)SQ YD232183.50 81,263.005.00 116,090.002.80 65,010.401.75 40,631.503.47 80,566.461.58 36,684.444.21 97,747.7810 REMOVE BITUMINOUS WALKSQ YD 200 10.35 2,070.009.00 1,800.00 22.00 4,400.006.50 1,300.005.00 1,000.00 11.26 2,252.007.89 1,578.0011 REMOVE SIGNEACH 19 45.00855.00 50.00950.00 40.00760.00 42.00798.00 42.00798.00 35.00665.00 54.00 1,026.0012 SALVAGE AND REINSTALL MAIL BOX ASSEMBLY EACH 37 280.00 10,360.00 60.00 2,220.00 215.00 7,955.00 210.00 7,770.00 210.00 7,770.00 200.00 7,400.00 150.00 5,550.0013 ADJUST CASTINGEACH 46 200.00 9,200.00 389.00 17,894.00 1,100.00 50,600.00 1,100.00 50,600.00 930.00 42,780.00 587.44 27,022.24 886.96 40,800.1614 ADJUST CATCH BASINEACH 18 150.00 2,700.00 389.00 7,002.00 800.00 14,400.00 367.50 6,615.00 680.00 12,240.00 1,188.67 21,396.06 900.00 16,200.0015 REMOVE CASTINGEACH 12 50.00600.00 160.00 1,920.00 500.00 6,000.00 125.00 1,500.00 250.00 3,000.00 88.38 1,060.56 159.50 1,914.0016 GEOTEXTILE FABRIC, TYPE VCU YD 104480.79 8,253.920.50 5,224.001.15 12,015.202.00 20,896.002.54 26,537.921.81 18,910.882.65 27,687.2017 GEOGRIDSQ FT 8247.32 6,031.689.00 7,416.00 11.00 9,064.005.00 4,120.006.76 5,570.245.26 4,334.24 17.02 14,024.4818 AGGREGATE BASE CL 6 (CV)(P)CU YD4890 30.00 146,700.00 37.00 180,930.00 19.00 92,910.00 32.00 156,480.00 35.18 172,030.20 38.99 190,661.10 38.87 190,074.3019 COMMON EXCAVATION (P)CU YD 3869 15.00 58,035.00 20.00 77,380.00 21.00 81,249.00 19.25 74,478.25 40.00 154,760.00 21.20 82,022.80 17.91 69,293.7920 STREET SWEEPINGHOUR 40 120.00 4,800.00100.00 4,000.00 175.00 7,000.00 165.00 6,600.00 136.50 5,460.00 150.00 6,000.00 150.00 6,000.0021 TYPE SP 9.5 WEARING COURSE MIX (2,C)TON 2210 90.00 198,900.00 83.00 183,430.00 87.75 193,927.50 84.00 185,640.00 85.05 187,960.50 81.00 179,010.00 86.67 191,540.7022 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TON 2945 83.00 244,435.00 79.00 232,655.00 85.00 250,325.00 81.00 238,545.00 80.85 238,103.25 77.00 226,765.00 82.39 242,638.5523 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS & TRAIL)TON 200 156.00 31,200.00 110.00 22,000.00 175.00 35,000.00 145.00 29,000.00 105.00 21,000.00 100.00 20,000.00 107.00 21,400.0024 BITUMINOUS MATERIAL FOR TACK COATGAL 16282.00 3,256.002.20 3,581.603.00 4,884.000.0116.282.21 3,597.882.10 3,418.802.25 3,663.0025 4" PVC SCHEDULE 40 PERF PE PIPE DRAIN W/ BACKFILL AND WRAPLIN FT 1458 14.00 20,412.00 19.00 27,702.00 32.00 46,656.00 25.00 36,450.00 59.68 87,013.44 27.15 39,584.70 54.52 79,490.1626 DRAINTILE CLEANOUTEACH 14 250.00 3,500.00 678.00 9,492.00 175.00 2,450.00 350.00 4,900.00 698.88 9,784.32 670.10 9,381.40 414.86 5,808.0427 12" HDPE STORM SEWER PIPELIN FT 55 21.00 1,155.00 85.00 4,675.00 50.00 2,750.00 85.00 4,675.00 80.38 4,420.90 73.42 4,038.10 147.05 8,087.7528 12" FLARED END SECTIONEACH1 420.00420.00 419.00419.00 425.00425.00 730.00730.00 694.58694.58 530.24530.24 1,440.00 1,440.0029 6" CONCRETE HEADWALLEACH1 12,300.00 12,300.00 357.00357.00 800.00800.00 1,050.00 1,050.00 1,575.00 1,575.00 1,496.54 1,496.54 1,560.00 1,560.0030 CONCRETE FLUMEEACH2 1,500.00 3,000.00 900.00 1,800.00 1,250.00 2,500.00 700.00 1,400.00 682.50 1,365.00 650.00 1,300.00 1,320.00 2,640.0031 FURNISH AND INSTALL CASTING ASSEMBLY R-3067-VEACH 18 675.00 12,150.00 917.00 16,506.00 1,100.00 19,800.00 788.00 14,184.00 1,128.28 20,309.04 1,373.59 24,724.62 1,236.00 22,248.0032 CONNECT DRAINTILE TO EXISTING STORM STRUCTUREEACH 14 500.00 7,000.00 650.00 9,100.00 415.00 5,810.00 895.00 12,530.00 750.02 10,500.28 1,322.43 18,514.02 1,285.71 17,999.9433 CONNECT TO EXISTING WATERMAINEACH2 4,025.00 8,050.00 7,667.00 15,334.00 2,500.00 5,000.00 5,530.00 11,060.00 5,645.00 11,290.00 1,288.212,576.42 2,760.00 5,520.0034 HYDRANT AND GATE VALVE ASSEMBLYEACH 12 7,500.00 90,000.00 9,614.00 115,368.00 9,670.00 116,040.00 11,460.00 137,520.00 10,912.50 130,950.00 10,433.92 125,207.04 9,200.00 110,400.0035 10" HDPE TO 8" DIP TRANSITION FITTINGEACH 71 770.00 54,670.00 222.00 15,762.00 2,575.00 182,825.00 1,266.00 89,886.00 1,205.20 85,569.202,863.21 203,287.91 2,770.14 196,679.9436 1.5" CURB STOP & BOXEACH 37 485.00 17,945.00 1,678.00 62,086.00 975.00 36,075.00 652.00 24,124.00 620.88 22,972.56 930.14 34,415.18 1,777.30 65,760.1037 1.5" CORPORATION STOPEACH 37 550.00 20,350.00 1,669.00 61,753.00 850.00 31,450.00 643.00 23,791.00 612.28 22,654.36 1,737.57 64,290.09 1,717.30 63,540.1038 1.5" TYPE K COPPER PIPELIN FT 1189 36.60 43,517.40 63.00 74,907.00 54.00 64,206.00 81.00 96,309.00 76.84 91,362.76 46.03 54,729.67 78.56 93,407.8439 8" GATE VALVE AND BOXEACH 11 3,283.15 36,114.65 4,698.00 51,678.00 5,500.00 60,500.00 4,700.00 51,700.00 4,494.13 49,435.43 3,158.10 34,739.10 4,396.36 48,359.9640 6" WATERMAIN DUCTILE IRON CL 52LIN FT 112 116.70 13,070.40 97.00 10,864.00 78.00 8,736.00 135.00 15,120.00 127.95 14,330.40 84.63 9,478.5689.57 10,031.8441 8" WATERMAIN DUCTILE IRON CL 52LIN FT 816 81.00 66,096.00 84.00 68,544.00 90.00 73,440.00 94.00 76,704.00 88.70 72,379.20 90.10 73,521.60 106.82 87,165.1242 10" HDPE DR 11 WATERMAIN (DIRECTIONAL DRILLING) W/ 4700 LB TRACER WIRELIN FT 6691 61.60 412,165.60 71.00 475,061.00 67.00 448,297.00 82.00 548,662.00 78.72 526,715.52 113.50 759,428.50 87.37 584,592.6743 4" INSULATIONSQ YD 56 34.00 1,904.00 54.00 3,024.00 45.00 2,520.00 58.00 3,248.00 55.06 3,083.36 61.42 3,439.52 63.43 3,552.0844 DUCTILE IRON FITTINGSLB 30406.83 20,763.204.00 12,160.00 11.50 34,960.009.20 27,968.008.77 26,660.80 19.65 59,736.008.62 26,204.8045 CONCRETE CURB AND GUTTER DESIGN D412 LIN FT 3849 30.36 116,855.64 17.00 65,433.00 22.60 86,987.40 17.50 67,357.50 17.59 67,703.91 23.23 89,412.27 29.36 113,006.6446 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 1310 30.80 40,348.00 30.00 39,300.00 26.60 34,846.00 31.00 40,610.00 30.87 40,439.70 35.88 47,002.80 32.45 42,509.5047 24" CONCRETE RIBBON CURBLIN FT 5284 13.86 73,236.24 13.00 68,692.00 21.25 112,285.00 13.00 68,692.00 13.07 69,061.88 12.45 65,785.80 29.36 155,138.24486" CONCRETE DRIVEWAY PAVEMENTSQ YD 13110.00 1,430.00 106.00 1,378.00 110.00 1,430.00 85.50 1,111.50 105.42 1,370.46 81.35 1,057.55 92.70 1,205.1049 INSTALL CONCRETE PEDESTRIAN RAMPEACH 19 2,079.00 39,501.00 2,615.00 49,685.00 1,600.00 30,400.00 2,614.50 49,675.50 2,614.50 49,675.50 2,490.00 47,310.00 2,266.00 43,054.0050 TRAFFIC CONTROLLUMP SUM1 6,500.00 6,500.00 9,000.00 9,000.00 3,700.00 3,700.00 177,000.00 177,000.00 4,200.00 4,200.00 3,450.00 3,450.00 4,200.00 4,200.0051 SIGN PANELS TYPE CSQ FT 63.31 130.00 8,230.30 120.00 7,597.20 119.00 7,533.89 80.00 5,064.80 136.50 8,641.82 113.00 7,154.03 156.00 9,876.3652 SIGN PANELS TYPE SPECIAL (STREET NAME SIGN) EACH 10 340.00 3,400.00 308.00 3,080.00 294.00 2,940.00 577.50 5,775.00 420.00 4,200.00 280.00 2,800.00 480.00 4,800.0053 SILT FENCE PREASSEMBLEDLIN FT 10003.00 3,000.002.50 2,500.004.00 4,000.002.40 2,400.003.21 3,210.002.14 2,140.003.60 3,600.0054 STORM DRAIN INLET PROTECTIONEACH 34 220.00 7,480.00 60.00 2,040.00 220.00 7,480.00 105.00 3,570.00 350.02 11,900.68 150.00 5,100.00 180.00 6,120.0055 COMMON TOPSOIL BORROW PULVERIZED (LV) CU YD 678 40.25 27,289.50 15.00 10,170.00 65.00 44,070.00 10.50 7,119.00 45.00 30,510.00 72.00 48,816.00 47.65 32,306.7056 SODDING TYPE MINERALSQ YD 6401 11.50 73,611.50 10.00 64,010.007.30 46,727.30 12.35 79,052.359.71 62,153.719.44 60,425.449.60 61,449.6057 SEEDING (SEED MIXTURE TYPE 25-141)ACRE 0.5 4,500.00 2,250.003,000.00 1,500.00 1,900.00950.00 4,200.00 2,100.00 3,097.50 1,548.75 3,010.20 1,505.10 780.00390.0058 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD 25052.60 6,513.002.00 5,010.004.00 10,020.004.35 10,896.751.84 4,609.201.79 4,483.952.40 6,012.0059 CLASS 3 RIP-RAP WITH GEOTEXTILE FABRIC CY YD 50 149.507,475.00 90.00 4,500.00 120.00 6,000.00 210.00 10,500.00 200.00 10,000.00 271.06 13,553.00 196.32 9,816.0060 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH2 1,750.00 3,500.00 200.00400.00 800.00 1,600.00 895.00 1,790.00 2,500.00 5,000.00 2,210.40 4,420.80 2,220.00 4,440.0061 SEDIMENT CONTROL LOGLIN FT 123013.00 36,903.001.00 12,301.003.60 44,283.603.95 48,588.954.00 49,204.002.70 33,212.702.40 29,522.40$2,767,349.13$2,828,480.21$2,999,990.98$2,270,606.45$2,484,444.80$2,578,593.79$3,112,514.65TOTAL BID PRICE$2,484,444.80$2,578,593.79$2,270,606.45$2,767,349.13$2,828,480.21$2,999,990.98$3,112,514.65Short Elliott Hendrickson Inc.Page 1 of 1 PROJECT SCHEDULE  CITY OF LAKE ELMO    WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS  PROJECT NO. 2020.123  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283                 APRIL 6, 2021  Council Approves MPCA Grant Agreement.      JULY 6, 2021  Council orders preparation of Feasibility Report and Design Phase Services.      OCTOBER 19, 2021  Presentation  of  Feasibility  Report.  Council  accepts  Report  and  calls  for  Improvement Hearing. Council approves Plans and Specifications and orders  Advertisement for Bids.      DECEMBER 7, 2021     Public Improvement Hearing. Council Orders the Improvement (4/5th Vote).      DECEMBER 8, 2021  Project Bid Date: Receive contractor bids.      JANUARY 4, 2022     Council accepts Bids and awards Contract (bids may be held for 60 days).      MARCH, 2022  Conduct Pre‐Construction Meeting and issue Notice to Proceed.   OCTOBER 14, 2022   Substantial Completion.   NOVEMBER 25, 2022  Final Completion.      *Final Assessment Hearing Schedule TBD       STAFF REPORT DATE: January 4, 2022 TO: Mayor and Council FROM: Samuel Magureanu, Finance Director AGENDA ITEM: Federal Grants Policy BACKGROUND: In 2021 the City of Lake Elmo was awarded approximately one million dollars of federal awards/grants (ARPA funds). After review of the city policies by city staff and consulting with city’s auditors it was determined that a more enhanced policy for handling federal grants is needed that would provide practical guidance on how the compliance requirements would be met. This enhanced policy will address all potential compliance requirements in an instance that the city will be faced with a single audit. A single audit is triggered when a city spends $750,000 or more of federal grants within one year. ISSUE BEFORE THE CITY COUNCIL: Should the City Council adopt the Federal Grants Policy? FISCAL IMPACT: By regularly analyzing, discussing and updating policies and procedures as needed helps to ensure sound financial management. Further, review of governing and oversight bodies helps to ensure the policies and procedures are in congruence with the goals of those entities. RECOMMENDATION: “Motion to recommend approval of the attached Federal Grants Policy.” ATTACHMENTS: 1) Federal Grants Policy Federal Grants Policy Adopted: 1/4/2022 TABLE OF CONTENTS Policies and Procedures – Federal Awards Administration Overview Grant Administration Accounting and Financial Management Year‐End Closing and Reporting Records Retention Compliance Requirements Activities Allowed or Unallowed & Allowable Costs/Cost Principles Cash Management Eligibility Equipment and Real Property Management Matching, Level of Effort and Earmarking Period of Performance Procurement, Suspension and Debarment Program Income Reporting Sub‐Recipient Monitoring Special Tests and Provisions POLICIES AND PROCEDURES – FEDERAL GRANTS OVERVIEW Purpose ‐ This manual has been prepared to document the policies and procedures for the administration of federal awards of the City of Lake Elmo (the City) pursuant to Title 2; Subtitle A; Chapter II; Part 200 of the Code of Federal Regulations. The Office of Management and Budget (OMB) Uniform Grant Guidance (UGG) Compliance Supplement require all sub‐recipients of federal funds to establish and maintain internal controls designed to reasonably ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit federal or state laws or regulations, or the provisions of individual grant agreements. Hierarchy of Authority ‐ In the event that conflicting guidance on the administration of federal awards is available, the City has deemed federal guidance to be most authoritative, followed by other state or local agencies. Revisions ‐ Guidance provided by the federal government through the OMB UGG are expected to be updated each year. Such updates are considered by the City as they become available and policies and procedures will be revised accordingly. The City Administrator, Finance Director, and designees are authorized and required to establish and document policies and procedures to ensure compliance with the provisions of federal and state regulations and the provisions of grant agreements. Such policies and procedures are documented herein, and will be reviewed and updated as necessary. Training ‐ City finance personnel and its program administrators of Federal awards will be provided the necessary training through various mechanisms, such as: (1) reviewing monthly State Aid Financial Status Report Updates, accompanying State aid payments, (2) consulting with the City’s auditors as needed for clarification, (3) participating in various training opportunities, such as those offered by appropriate professional organizations, (4) reviewing legislative updates from multiple sources, (5) membership and participation in meetings of the Governmental Finance Officers Association (GFOA), 6) coordination and collaboration with individuals performing similar job functions at similar municipalities. Compliance Failures ‐ Compliances failures, whether noted internally by management or through the external audit process, will be addressed immediately by reviewing the reason for the failure with responsible personnel and devising an improved process to encourage compliance in the future. GRANT ADMINISTRATION The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any existing Council policies: 1) Grant Development, Application, and Approval a. Authorization – Prior to development of a grant proposal, each department shall obtain approval from the City Administrator. b. Grant Budgets – Most grants require the submission of an expenditure budget. The Finance Director will review this portion of the grant request prior to submission. Frequently, a technical review will discover inconsistencies in the calculations, cost centers that might have been overlooked, or identify reimbursable expenses of which program staff may not be aware – particularly in the area of indirect costs. c. Matching Funds – Grants that require cash local matches must be coordinated through the Finance Department to determine the strategy for securing matching funds. At a minimum, funds must be identified within the budget or Capital Improvement Plan. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. (For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted?) d. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then City Council approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the City Administrator or designee may, at his or her discretion, approve grant applications. 2) Grant Program Implementation a. Award – Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. The City Administrator and/or the Finance Director shall designate a Grant Manager who will be responsible for administering the grant. b. Documentation – The Grant Manager shall create a file for the grant, including but not limited to the following documents: i. Grant application and respective submittal information ii. Notice of grant award iii. Fully executed grant agreement iv. City Council support (i.e. resolutions, minutes, etc.) v. Budgets vi. Reimbursement request forms vii. Contact information for awarding agency c. Establish Financial Framework – The Grant Manager shall provide the Finance Director with information needed to establish revenue and expense accounts for the project, as well as a project activity code for tracking purposes. An Assistance Listing number shall be determined for the award. 3) Grant Program Compliance a. Identification – The Grant Manager, in conjunction with the City Administrator and Finance Director shall fully read the grant agreement/contract to identify and summarize compliance requirements and references to specific laws and regulations. b. Training – The Grant Manager, in conjunction with the City Administrator and Finance Director shall identify whether City staff is capable of ensuring compliance and whether training is necessary. c. Compliance Supplement – The Grant Manager shall obtain the appropriate Compliance Supplement published by the OMB. d. Internal Controls – The Grant Manager, in conjunction with the City Administrator and Finance Director shall establish an appropriate system of internal controls and document policies and procedures to ensure compliance with the provisions of federal and state regulations and the provisions of grant agreements. e. Audit – The Finance Director shall inform the City’s independent auditors that the City has been awarded a federal grant and discuss and plan for the possibility of a single audit. ACCOUNTING AND FINANCIAL MANAGEMENT It is the policy of the City to comply with all statutory, regulatory, and contractual requirements in the conduct of, and accounting for, its financial operations. The official books of record for the City will be maintained subject to the following provisions: 1) Accounting Standards ‐ The City will account for its operations in accordance with the Generally Accepted Accounting Principles (GAAP) applicable to local units of government. 2) Calendar Year ‐ The City accounts for its operations on a calendar year. Occasionally, the fiscal year for the granting agency will not coincide with the City’s fiscal year. This may require the Grant Manager and Finance Director to adjust the City’s budget accounts and interim financial reports as well as special handling during year‐end close. 3) Grant Budgets – The City will request prior approval from federal agencies for program or budget changes. The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Grant Manager be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year‐end, it is the responsibility of the Grant Manager to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry‐forwards. Carry‐forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the OMB UGG. 4) Monitoring Grant – The Grant Manager may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, at the grant level. The Finance Director maintains all this information in financial software system as well; this is considered to be the City’s “official” accounting system by the granting agencies. Grant Managers are strongly encouraged to use financial software reports provided by the Finance Department for their grant tracking. If any “off‐system” accounting records are maintained, it is the responsibility of the Grant Manager to ensure that the program’s internal records agree to the City’s accounting system. 5) Capital Assets – The City is responsible for maintaining an inventory of assets purchased with grant funds. The City is accountable for them and must make them physically available for inspection during any audit. The City Council must approve of any sale of these assets. Customarily, the proceeds of the sale can only be used on the grant program that purchased them. (Refer to the specific regulations governing the original grant). All transactions that involve the acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Finance Director.         YEAR‐END CLOSING AND REPORTING  The following provisions will govern the year‐end close‐out process of the City for purposes of external financial reporting: 1) Reporting Standards ‐ The City prepares its financial statements in accordance with Governmental Accounting Standards Board (GASB) guidance. 2) Audit – Minnesota Statutes require that the financial statements of the City be audited annually by the State Auditor or a Certified Public Accountant. 3) Single Audit – To the extent that the City has expended federal awards in excess of the applicable single audit limit (currently $750,000), the City will have a single audit performed in accordance with OMB UGG. The City will accumulate the information necessary to prepare a schedule of expenditures of federal awards (“SEFA”) in accordance with Federal and State requirements. This schedule will be characterized as follows: a. The schedule will include all federal financial assistance, including: grants, contracts, property, loans, loan guarantees, interest subsidies, cooperative agreements, insurance or direct appropriations. Amounts will be reported whether received directly from the Federal government or through a pass‐through agency (in the event that the city is determined to be a sub‐recipient and not a vendor) b. The schedule will be prepared on the same basis of accounting as the related financial statements. c. Federal awards will be grouped based on Federal awarding agency. Each Federal award with current expenditures will be listed along with its Assistance Listing number, pass‐through grantor name (if applicable) and award/pass‐through grantor number (if applicable). d. The SEFA will contain identification of COVID-19 related awards and the treatment of any donated personal protective equipment (PPE). Such information will agree to the award documentation. e. If the Assistance Listing number of a Federal award cannot be reasonably determined, it shall be reported in the schedule using the two‐digit prefix for the related Federal agency, followed by “UNKNOWN”. f. To the extent that amounts are passed‐through to sub‐recipients, a schedule of federal awards provided to sub‐recipients will be prepared. g. In addition to current year expenditures, the schedule will list approved award/grant amount, accrued/deferred revenue at the beginning of the year, current year cash received, current year actual expenditures, and accrued/deferred revenue at the end of the year. If expenditures were incurred relative to this award in the prior year(s), this amount should be disclosed as memorandum‐only. h. Any adjustments to prior year awards, expenditures, and balances (including transfers between grants) will be disclosed in the footnotes to the schedule. i. Accrued/deferred revenue in the schedule shall agree to the amounts recorded as receivable/deferrals in the related financial statements. j. To the extent that a separate line item is included in the financial statements for Federal revenue, this amount shall agree to expenditures in the schedule. Any reconciling items will be disclosed in the footnotes to the schedule. RECORDS RETENTION The City has adopted the state’s records retention schedule as its official guide for records storage, filing, and destruction. 1) Documentation – The City will maintain adequate documentation to support both the compliance with applicable requirements as well as internal controls over such compliance. This documentation will be provided to the City’s independent auditors and/or pass‐through grantor agencies, as requested, during the single audit and program audits. 2) Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Finance Department will maintain copies of all grant draw requests and approved grant agreements (including budgets). The Grant Manager should maintain all other records. COMPLIANCE REQUIREMENTS Each year the federal government (Office of Management and Budget) issues a comprehensive document on the compliance requirements each grant recipient is obligated to follow in general terms, along with program‐specific guidance on various grant awards. There are 12 compliance requirements identified, each of which is considered individually in this manual. The following pages document the policies and procedures of the City related to compliance with such procedures, as applicable. In each year that the City is subject to a single audit, applicable compliance requirements are expected to be tested in detail by the City’s independent auditors. 1) Objectives – The objectives of most compliance requirements are generic in nature. While the criteria for each program may vary, the main objective of the compliance requirement is relatively consistent across all programs. As such, the policies and procedures of the City have been based on the generic sense of the compliance requirement. For selected compliance requirements, this manual addresses the specific regulations applicable to individual grants. This is not intended to imply that a program is not subject to such policies if it is not specifically mentioned here. It is the intention of the City that all Federal awards are subject to the following policies and procedures. 2) Controls over Compliance – In addition to creating policies and procedures over compliance with provisions of federal awards, the City has implemented internal controls over such compliance, generally in the form of administrative oversight and/or independent review and approval. In order to document these control activities, all independent reviews must be signed/initialed and dated. ACTIVITIES ALLOWED OR UNALLOWED & ALLOWABLE COSTS/COSTS PRINCIPLES It is the policy of the City of Lake Elmo that only costs that are reasonable, allowable and allocable to a federal award shall be charged to that award directly or indirectly. All unallowable costs shall be appropriately segregated from allowable costs in the general ledger in order to assure that unallowable costs are not charged to Federal awards. 1) Segregating Allowable from Unallowable – The following procedures shall be used to identify and segregate costs that are allowable and unallowable: a. The Grant Manager and Finance Director shall reference the budget and grant agreement for each federal award for costs that are specifically allowable or unallowable. b. The Grant Manager and Finance Director shall be familiar with the allow ability of costs provisions, particularly: i. The list of specifically unallowable costs, such as alcoholic beverages, bad debts, contributions, fines and penalties, lobbying, etc. ii. Those costs requiring advance approval from Federal agencies in order to be allowable. c. No costs shall be charged directly to any federal award until the cost has been determined to be allowable under the terms of the award. d. For each federal award, an appropriate set of general ledger accounts shall be established by the City to reflect the categories of allowable costs identified in the award or the award budget. e. All items of miscellaneous income or credits, including the subsequent write‐offs of uncashed checks, rebates, refunds, and similar items, shall be reflected for grant accounting purposes as reductions in allowable expenditures if the credit relates to charges that were originally charged to a federal award or to activity associated with a federal award. The reduction in expenditures shall be reflected in the year in which the credit is received (i.e. if the purchase that results in the credit took place in a prior period, the prior period shall not be amended for the credit). 2) Criteria for Allowability ‐ It is the policy of the City that all costs must meet the following criteria in order to be treated as allowable direct or indirect costs under a federal award: a. The cost must be "reasonable" for the performance of the award, considering the following factors: i. Whether the cost is of a type that is generally considered as being necessary for the operation of the City or the performance of the award. ii. Restraints imposed by such factors as generally accepted sound business practices, arm's length bargaining, federal and state laws and regulations, and the terms and conditions of the award. iii. Whether the individuals concerned acted with prudence in the circumstances. iv. Consistency with established policies and procedures of the City, deviations from which could unjustifiably increase the costs of the award. b. The cost must be "allowable" to an award by meeting one of the following criteria: i. The cost is incurred specifically for a federal award. ii. The cost benefits both the federal award and other work, and can be distributed in reasonable proportion to the benefits received. iii. The cost is necessary to the overall operation of the City, but, where a direct relationship to any particular program or group of programs cannot be demonstrated. c. The cost must conform to any limitations or exclusions of “2 CFR Part 200” or the Federal award itself. d. Treatment of costs must be consistent with policies and procedures that apply to both federally financed activities and other activities of the City. e. Costs must be consistently treated over time. f. The cost must be determined in accordance with generally accepted accounting principles. g. Costs may not be included as a cost of any other federally financed program in the current or prior periods. h. The cost must be adequately documented. 3) Direct Costs ‐ Direct costs include those costs that are incurred specifically for one award or non‐federal function. The City identifies and charges these cost exclusively to each award or program. Each invoice shall be coded with the appropriate account number reflecting which program received direct benefit from the expenditure. Invoices are approved by the appropriate Grant Manager and reviewed by the Finance Director. The following provisions apply to the payment of employees and recording of time and effort (as required) in accordance with federal cost principles: a. Hourly employees record time on an electronic timekeeping system each day, with the following information: i. The total number of hours actually worked each day. ii. The use of any holiday, personal, vacation, sick, or other approved time off with pay. iii. The total number of hours to be paid. iv. An allocation of those hours to each program or department for which work was performed, when necessary. v. The dated signature of the employee and his/her supervisor for each payroll period. The allocation of hours between programs or departments should be based exclusively on the actual hours worked, and not be based on available budgets, or predetermined allocation schedules. In the event that an after‐the‐fact correction is necessary to an employee’s timesheet due to errors in the allocation of time worked, such corrections must be submitted to the Finance Director, and approved in writing by both the employee and his/her supervisor. b. Salaried employees charged to a federal grant will document time and effort as follows: the employee may document time and effort using a timesheet as described above. Timesheets must account for the total activity for which the employee is compensated and be signed by the employee. It will not be acceptable for timesheets to include the hours worked on federal grants only. i. It is the responsibility of the employee being charged to a federal award(s) to clarify documentation requirements with the Finance Director or Grant Manager and provide appropriate documentation to the HR Generalist as it becomes available. The employee should retain a copy of the documentation for his/her personal records. Certifications should never be signed prior to the end date of the payroll period being certified. Each certification should be provided to the Finance Director when available. Employees should retain a copy of the certifications for his/her personal records. Budget estimates (estimates determined before the services are performed) alone do not qualify as support for charges to federal awards, but may be used for interim accounting purposes. These estimates produce reasonable approximations of the activity actually performed. Any significant changes in the corresponding work activity are identified and entered into the records in a timely manner. Short term (such as one or two months) fluctuation between workload categories need not be considered as long as the distribution of salaries and wages is reasonable over the longer term. After‐the‐fact interim charges made to a federal award based on budget estimates will be reviewed. All necessary adjustments must be made such that the final amount charged to the federal award is accurate, allowable, and properly allocated. Equipment purchased for exclusive use on a federal award and reimbursed by a federal agency shall be accounted for as a direct cost of that award. 4) Indirect Costs ‐ Indirect costs are those costs that either benefit more than one award (overhead costs) or non‐federal function or that are necessary for the overall operation of the City (management and general costs). An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. CASH MANAGEMENT In order to ensure compliance with these requirements, the City has implemented the following: 1) Substantially all of the City’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. 2) Cash draws will be initiated by the Finance Director in conjunction with the Grant Manager, who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained and signed/dated. 3) The physical draw of cash will be processed through the means prescribed in the grant agreement. 4) Supporting documentation and a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. ELIGIBILITY In order to ensure compliance with these requirements, the City has implemented the following: Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. EQUIPMENT AND REAL PROPERTY MANAGEMENT The City may occasionally purchase equipment and real property that will be used on a program funded by a federal grantor agency. The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any existing City policies: Equipment 1) All equipment will be used in the program for which it was acquired or, when appropriate and allowable, other federal programs. 2) When required, purchases of equipment will be pre‐approved by the grantor or pass‐through agency. The Finance Director, or Grant Manager will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3) Equipment records will be maintained and an appropriate system shall be used to safeguard equipment, as described in the City’s separate Capital Asset policy. Equipment should be assigned to a program and physical location on the inventory. If such equipment is moved, it will be noted and adjusted in the City’s capital assets records. 4) When equipment is no longer needed for a federal program, it may be retained or sold with the federal agency having a right to a proportionate amount of the current fair market value. Proper sales procedures shall be used that provide for competition to the extent practicable and result in the highest possible return. Procedures for Disposition of Equipment: a. The City will keep, sell, or otherwise dispose of the equipment with no further obligation unless disposal requirements are specifically detailed in the grant. b. A record of the date, reason, and method of disposal or sale will be maintained with the equipment inventory. Equipment purchased will be identified and kept in a capital asset listing. An equipment listing shall be maintained that includes the following: 1. Description of the equipment 2. Depreciation method & years of expected life 3. Acquisition date 4. Cost of the equipment 5. Equipment classification (land, building, equipment, etc.) 6. Make, Model, & Serial number or other identification number 7. Disposition data including date and sale price of the equipment A physical inventory of the property will be conducted at least every two years, and the results will be reconciled with the capital asset listing. A control system will be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft will be investigated. Maintenance procedures are in place to keep the equipment in good condition. Real Property In an instance where real property is purchased the city will follow the real property treatment & disposition instructions from 2 CFR 200.311(c)(3): " When real property is no longer needed for the originally authorized purpose, the non-federal entity must obtain disposition instructions from the federal awarding agency or the pass-through entity, as applicable. When real property is sold, sales procedures must be followed that provide for competition to the extent practicable and result in the highest possible return. If sold, nonfederal entities must compensate the federal awarding agency for the portion of the net sales proceeds that represents the federal agency’s interest in the real property, which is the amount calculated by multiplying the current market value or sale proceeds by the federal agency’s participation in total project costs. If the property is retained, the non-federal entity must compensate the federal awarding agency for the federal portion of the current fair market value of the property. Disposition instructions may also provide for transfer of title to the federal awarding agency or a designated third party, in which case the non-federal entity is entitled to the non-federal interest in the property, which is calculated by multiplying the current market value or sale proceeds by the non-federal entity’s share in total project costs MATCHING, LEVEL OF EFFORT AND EARMARKING The City defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the OMB UGG: Matching or cost sharing includes requirements to provide contributions (usually non-federal) or a specified amount or percentage of match federal awards. Matching may be in the form of allowable costs incurred or in‐kind contributions (including third‐party in‐kind contributions). Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non‐federal or federal sources for specified activities to be maintained from period to period, and (c) federal funds to supplement and not supplant non‐ federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to sub‐ recipients. Earmarking may also be specified in relation to the types of participants covered. In order to ensure compliance with these requirements, the City has implemented the following: 1) Compliance with matching, level of effort, and earmarking requirements will be the responsibility of the Finance Director. 2) Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to City administration, auditors, and pass‐ through or grantor agencies, as requested. 3) Maintenance of effort for grants through the State Minnesota will be determined at the State level. PERIOD OF PERFORMANCE In order to ensure compliance with these requirements, the City has implemented the following: 1) Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre‐ approved by the federal awarding agency or pass‐through grantor agency). 2) All obligations will be liquidated no later than 120 days after the end of the funding period (or as specified by program legislation). 3) Compliance with period of performance requirements will initially be assigned to the individual approving the allowability of the expense/payment. This will be subject to review and approval by the Finance Director as part of the payment processing. PROCUREMENT, SUSPENSION AND DEBARMENT It is the policy of the City to ensure that all disbursements of City funds are properly reviewed and authorized, and consistent with sound financial management principles, and made in compliance with all applicable federal, state and local laws. In order to meet these objectives, all disbursements of City funds shall be subject to the following provisions, to the extent that they do not conflict with or contradict with any specific federal, state or local law or Council policies (the most specific or restrictive law, policy or procedure will be followed). 1) Conflicts of Interest – Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is the intent of the City for all employees, officers, or agents to conduct all activities associated with procurements in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. It is also the intent of the City to impose appropriate sanctions or disciplinary actions, including but not limited to termination and/or prosecution, for any employees or officers who violate any of these requirements. 2) Debarment and Suspension ‐ The City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. The Finance Director, or Grant Manager, is required to check for excluded parties at the System for Award Management (SAM) website before any procurement transaction paid with federal funds. This list is located at: http://www.sam.gov/. 3) Procurement Under Federal Awards – Procurement of goods and services whose costs are charged to federal awards received by the City are subject to all of the specific purchasing policies of the City. In addition, procurements associated with federal awards are subject to the following supplemental policies: a. The City avoids the acquisition of unnecessary or duplicative items. Additionally, the City considers consolidating or breaking out procurements to obtain a more economical purchase. b. Where appropriate, the City makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the most economical approach. c. To foster greater economy and efficiency, the City enters into state and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services. This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, the City may purchase it from a cooperative or inter‐local agreement if the price is competitive and the goods or service are needed in a timely manner. The Finance Director and the City Administrator will make this determination. d. The City awards contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. The City considers such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the project on time and in accordance with specifications, record of past performance, and the contractor’s financial and technical resources. e. All procurement transactions paid with federal funds are conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another. All potential proposers and bidders must be provided the same information and have the same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or bidders over another can open up the potential for disputes and lawsuits that can be costly and can significantly delay the completion of projects. f. The City will award a contract to a contractor who has the appropriate experience, expertise, qualifications, and any required certifications, necessary to perform the work. Contractors should also have the financial resources to sustain the project while the initial work is being completed and during each service period until he or she submits invoices for payment to the City as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. g. The City will maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. h. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated. All solicitations will also identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. i. All necessary affirmative steps will be taken to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. j. All procurement files will be made available for inspection upon request by a federal grantor agency. k. All contracts will require the contractor to certify in writing that it has not been suspended or disbarred from doing business with any Federal agency. 4) Methods of Procurement – The City will make independent estimates of the goods or services being procured before receiving bids or proposals to get an estimate of how much the goods and services are valued in the current market. The City will follow all procedures within its existing Purchasing Policy and use one of the following methods: a. Procurement by Micro‐Purchase ‐ federal methods provide for procurement by micro‐purchase, which is a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro‐ purchase threshold identified by the United States Code. The micro‐purchase method is used in order to expedite the completion of its lowest‐dollar small purchase transactions and minimize the associated administrative burden and cost. b. Procurement by Small Purchase – federal methods provide for procurement by small purchase procedures, which may be used in those relatively simple and informal procurement methods for securing nonprofessional services, supplies, or other property that do not cost more than the simplified acquisition threshold identified by the United States Code. c. Procurement by Sealed Bids – federal and state methods provide for procurement by sealed bids, where a fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all material terms and conditions of the invitation for bids is the lowest in price. d. Noncompetitive Proposals ‐ procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used when using federal funds only when one or more of the following circumstances apply: i. The item is available only from a single source. This must be documented. ii. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. iii. Any federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. iv. After solicitation of a number of sources, competition is determined inadequate. PROGRAM INCOME Program income will include, but will not be limited to: income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the federal awarding agency regulations or terms and conditions of the award. Program income earned during the project period shall be retained by the City, and in accordance with federal grantor agency regulations, shall be used in one or more of the following: 1) Added to the project budget as funds committed to the project by the federal grantor agency and the City, and used to further eligible project or program objectives. 2) Used to finance the non‐federal share or matching requirements. 3) Deducted from the total project or program outlays In the absence of specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. Unless federal grantor agency regulations or the terms and conditions of the award provide otherwise, the City shall have no obligation regarding program income earned after the end of the project period. REPORTING The City strives to provide management, staff and funding sources with timely and accurate financial reports applicable to federal awards. Preparation of these reports shall be the responsibility of the Grant Manager, subject to review by the Finance Director. The City shall prepare and submit financial reports as specified by the financial reporting clause of each grant or contract award document. Information will be collected with the frequency required by the terms and conditions of the federal award, but no less frequently than annually nor more frequently than quarterly except in unusual circumstances (as specified in the grant agreement). SUB‐RECIPIENT MONITORING The City will ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and, if any of these data elements change, include the changes in subsequent subaward modification. Required information includes: 1) Federal Award Identification. a) Subrecipient name (which must match the name associated with its unique entity identifier); b) Subrecipient's unique entity identifier; c) Federal Award Identification Number (FAIN); d) Federal Award Date (see §200.39 Federal award date) to the recipient by the Federal agency; e) Subaward Period of Performance Start and End Date; f) Amount of Federal Funds Obligated by this action by the pass‐through entity to the subrecipient; g) Total Amount of Federal Funds Obligated to the subrecipient by the pass‐through entity including the current obligation; h) Total Amount of the Federal Award committed to the subrecipient by the pass‐through entity; i) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); j) Name of Federal awarding agency, pass‐through entity, and contact information for awarding official of the Pass‐through entity; k) CFDA Number and Name; the pass‐through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; l) Identification of whether the award is R&D; and m) Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs). SPECIAL TESTS AND PROVISIONS In order to ensure compliance with these requirements, the City has implemented the following: The Finance Director will be assigned the responsibility for identifying financial‐related compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. Program‐related compliance requirements will be the responsibility of the department administering the grant. DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve 2021 Village AUAR Update TO: Mayor and City Council SUBMITTED BY: Molly Just, Planning Director REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: In 2009 the Lake Elmo City Council adopted the Village AUAR for the 1,275 Acres of land surrounding the Lake Elmo Village Center. Minnesota State Statute requires an Alternative Urban Areawide Review (AUAR) to be updated every five years, or if there are substantive changes to the Comprehensive Plan. The AUAR was last updated in 2016, and this update is prepared to comply with the timeline established by Statute. ISSUE BEFORE COUNCIL: Should Council approve the updated Village AUAR? 2021 VILLAGE AREA AUAR The document was prepared as an update and includes a current tabulation of all development since 2016, and incorporates the recent land use changes adopted as part of the 2040 Comprehensive Plan. The 2021 Village AUAR was published in the November 16, 2021 Environmental Quality Board (EQB) Monitor and the document was made available for a 10-day public comment period to comply with review requirements. Three comment letters were received during the comment period. A letter from the Metropolitan Council, Washington County and Minnesota Pollution Control Agency were received. All three letters indicated that any development must obtain proper permitting at time of development and must comply with the permitting authority rules and regulations. These comments are noted, and all future development within the Lake Elmo Village Center will be required to obtain all necessary permits. FISCAL IMPACT: None. There will be no fiscal impact to the public as a result of adopting the 2021 Village AUAR Update. OPTIONS: 1) Approve the 2021 Village AUAR Update 2) Deny the 2021 Village AUAR Update RECOMMENDATION: If removed from Consent Agenda: “Motion to adopt the 2021 Village AUAR Update” City of Lake Elmo Lake Elmo Village Area Alternative Urban Areawide Review (AUAR) Update Prepared by Swanson Haskamp Consulting December 2021 Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 2 Table of Contents Introduction Purpose Process & Review Period AUAR Item Updates Figures Figure 1. 2030 Planned Land Use and 2040 Future Land Use Plan. Attachment: Response Letter from Metropolitan Council Received December 3, 2021 Response Letter from the Minnesota Pollution Control Agency Received December 1, 2021 Response Letter from Washington County Received December 1, 2021 Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 3 Introduction The Village Area Alternative Urban Areawide Review (2009 Village Area AUAR) comprises approximately 1,275 acres surrounding the City of Lake Elmo’s historic downtown. The City’s historic downtown was often referred to as the “Old Village” which for many decades consisted of a main street corridor on Lake Elmo Avenue (CSAH 17) populated with small businesses and other shopfront uses, surrounded by commercial uses on Stillwater Boulevard (CSAH 14) and connected neighborhoods. In the late 2000s the City identified the Old Village Area as an area well positioned to accept future growth and determined that it would be most effective to prepare an AUAR to ensure a comprehensive approach to the larger development area was evaluated. The purpose of an AUAR is to evaluate the potential environmental impacts within a large planning area and to ensure mitigation plans are effectively managed and implemented as development occurs. This 2021 Update is prepared as an update and progress report to the 2009 Village Area AUAR and the subsequent 2016 Update. The analysis and information contained in this report provides an inventory of development to-date within the AUAR area and an update to relevant items or sections as needed and/or affected since the 2016 Update. Since 2009 significant growth and change has occurred within the AUAR planning area. To date the growth and development has been predominantly single-family detached residential uses, with some of the last remaining development parcels within the area guided for higher density housing types, mixed-use, commercial or office types of uses. The City anticipates redevelopment of some of the commercial and mixed-use parcels over the next few years including the redevelopment of the City Hall for a multi-purpose building that will incorporate the fire department in one location. While it is unknown whether the AUAR area will be fully developed over the next five years, there are only a few remaining greenfield development sites remaining with all other opportunities requiring redevelopment or reuse. If any of the criteria within the Minnesota Rules are triggered the City will prepare a subsequent Update to reflect and address the changes as required. Purpose The City of Lake Elmo adopted the Village Area AUAR on May 5, 2009 (“2009 Village Area AUAR”) which was subsequently updated in December 2016 (“2016 Update”). Per Minnesota Rules 4410.3610 Subpart 7 the City is required to update the 2009 Village AUAR and the 2016 Update because 1) five years have lapsed since its last update; 2) the 2040 Comprehensive Plan Update revised the Future Land Use Plan for the AUAR study area; and 3) the projected development has changed from the scenarios evaluated in the 2009 Village Area AUAR. Until the Village Area is fully developed the City will update the AUAR to ensure that the review and mitigation plans are consistent with the known and planned development within the AUAR area. The information contained in this 2021 Update is organized by the standard Environmental Assessment Worksheet (EAW) form from 2009 which was used in the 2009 Village Area AUAR preparation. Responses to questions are only provided if there has been a change or update from the 2009 Village Area AUAR or the 2016 Update. Items that do not require additional analysis are identified as “no change” and the reviewer should reference and review either the 2009 Village Area AUAR or 2016 Update as indicated by the response. The information contained in this 2021 Update follows the outline in the 2009 Village Area AUAR which includes comments and updates to the mitigation strategies where necessary. Information and analysis contained in the Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 4 2009 Village Area AUAR and the 2016 Update are presumed to be accurate and apply unless new information, study or analysis is explicitly provided within this report. This report assumes the figures and maps contained within the 2009 Village Area AUAR and 2016 Update are accurate unless specifically revised or referenced within this 2021 Update. The 2009 Village Area AUAR and 2016 Update are available on the City’s website at www.lakeelmo.org for review and reference throughout this 2021 Update process. Process & Review Period This 2021 Village Area AUAR Update was made available for public comment from November 16, 2021 to December 1, 2021. During the comment period, three comment letters were received. The following agencies provided comments: • Metropolitan Council, December 3, 2021 • Minnesota Pollution Control Agency (MPCA), December 1, 2021 • Washington County, December 1, 2021 All substantive comments have been addressed and incorporated into this 2021 AUAR Update. The Comment Letters include references to applicable permits for any project or development in the Village AUAR Study Area. These comments are noted, and the City will ensure that all proposed projects and development obtain the proper permit approval from the permit authority as development occurs. The comment letters are provided as an attachment. 2021 Update – AUAR Items 1.) Title. No Change 2.) Proposer. No Change 3.) RGU. No Change 4.) Reason for AUAR Preparation. No Change 5.) Project Location. No Change 6.) Development Description. 6a. and 6c. changes as noted below. No Changes to b, d, or e. 6a. The description of the development scenarios identified in the 2009 Village Area AUAR for A, B, C and D have not changed. Since the 2016 Update the City adopted its 2040 Comprehensive Plan Update which re-guided land within the Village Area that impacts the estimated development within the Village Area. The 2040 Future Land Use Plan estimates a total of 1,465 households, 227,165 SF of Commercial development/redevelopment, Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 5 207,781 SF of mixed-use office, and neighborhood business/commercial development and 76,230 SF of institutional space. The 2040 Comprehensive Plan includes the Future Land Use Plan with revised land use categories and designations. The revised land use designation includes adjustments to the density ranges assigned to the residential categories and the removal of the Village Open Space (V-OS) designation that did not assign an entitlement to some lands within the Village Area. Assumptions regarding potential commercial development and/or redevelopment of the Village Mixed Use square footage were calculated using the Metropolitan Council’s Floor Area Ratio (FAR) methodology. With the revision of the land use designations, the projected households within the Village at full build-out are within the range of Scenario C analyzed in the 2009 Village Area AUAR. As described in the 2016 Update, Scenario D is no longer consistent with the 2016 Update or this 2021 Update and is not included within the tables below (please refer to the 2009 Village Area AUAR for Scenario D information). The following tables are provided to demonstrate the changes between the 2009 Village Area AUAR and this 2021 Update. Table 1. 2009 Village Area AUAR Scenarios AUAR Land Use Acres Scenario A Scenario B Scenario C Mixed Use 72.5 200,000 SF 100 HH 200,000 SF 200 HH 200,000 SF 400 HH Potential Future Redevelopment 44.5 250,000 SF 50 HH 250,000 SF 100 HH 250,000 SF 185 HH New Residential 308.6 450 HH 700 HH 1,015 HH Civic/Institutional 16.5 200,000 SF 200,000 SF 200,000 SF Open Space 686.4 - - - Total SF 1,128.5 AC 650,000 SF 650,000 SF 650,000 SF Total HH 600 HH 1,000 HH 1,600 HH Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 6 Table 2. 2040 Comprehensive Plan – Village Area Land Use Calculations (2020) 2040 Land Use Acres Developable/ Redevelopment Acres (Est. as of 2021) Households (HH) SF (Commercial/Office) Commercial 33.28 14.9 227,165 SF Village Low Density Residential 381.33 142.75 214 HH Village Medium Density Residential 157.13 70.10 211 HH Village High Density Residential 21.99 15.99 100 HH Village Mixed Use 74.1 9.54 8.52 207,781 43 Rural Single Family/Rural Area Development 236.84 0 NA Institutional 19.13 5.0 76,230 SF Park 58.25 - - Public/Semi-Public (Open Space) 146.45 - - Total SF 1,128.5 511,176 SF Total HH 568 HH Table 3. Total Estimated Households, Commercial and Institutional Uses in Village Area Development Comparison with Scenario C Development Households/SF Scenario C (2009 AUAR) Residential - Platted 1,008 HH Guided for development (no known project) 568 HH Total Estimated Households 1,576 HH 1,600 HH Commercial 227,165 SF Mixed-use (Commercial/Office) 207,781 SF Institutional 76,230 SF Total Non-Residential 511,176 SF 650,000 SF Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 7 6c. Development Timeline Update. The following activities have occurred since the 2016 Update. The activities and events generally follow the timeline provided in Table 6-5 of the 2009 Village Area AUAR. Table 4. Activities since 2016 Update Activity/Event Date 2040 Comprehensive Plan Update November 5, 2019 Adopt Updated Local Surface Water Management Plan (LSWMP) November 5, 2019 Approve Final Plat of Developments Identified in Table 3 Multiple dates, 2016 - Current Installation and construction of utility and roadway extensions to new developments as identified in Table 6 Multiple dates, 2016 - Current 7.) Project Magnitude Data. No Change 8.) Permits and Approvals Required. Table 8-1 in the 2009 Village Area AUAR remains applicable, though many permits associated with the development activities over the past 5-years have been approved and/or completed. Any Project Proposer within the Village Area is required to obtain necessary and current permits from the appropriate entity having jurisdiction over the project and/or activity type. Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 8 9.) Land Use. Existing Land Use. Since the 2016 Update the existing land use within the AUAR has changed due to development activities. The following updated quantities are provided. Table 5. Existing Land Use Existing Land Use Gross Acres % of Area Agricultural 336.6 26.4% Farmstead 13.5 1.1% Single Family Detached 275.8 21.6% Single Family Attached 3.5 0.3% Multifamily 7.4 0.6% Retail and Other Commercial 29.1 2.3% Office 19.2 1.5% Mixed Use Residential 1.2 0.1% Industrial and Utility 13.5 1.0% Institutional 20.2 1.6% Undeveloped 414.3 32.4% Park, Recreational or Preserve 68.4 5.4% Right-of-Way 9.9 0.8% Open Water 62.4 4.9% Total 1,275 100% Source: Metropolitan Council Generalized Land Use - 2020 Comprehensive Plan. Since the 2016 Update the City was required to update its Comprehensive Plan per the Metropolitan Land Planning Act. The City’s 2040 Comprehensive Plan is its decennial update and projects growth through the 2040 planning period. To address and comply with the Metropolitan Council’s System Statement the City prepared a Future Land Use Plan that increases density within the residential areas to meet the Suburban Community designation for the Village Area. The slight increase in density allocation resulted in a slight increase in projected households within the Village Area. Despite the Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 9 increase, the City’s Future Land Use Plan guiding results in an estimate of approximately 1,600 households within the Village Area which is generally consistent with Scenario C of the 2009 Village Area AUAR. The allocation of unit types within the Village Area is projected to be a mix of single-family detached, single-family attached and mixed-use multi-family attached units. The Village Area will remain predominantly detached single-family, however, the increase in density range will allow for more opportunities for attached products especially in areas within proximity to the “core” downtown area. Current Development Trends. Since the 2016 Update several new developments have been approved, and several subsequent phases have received final plat approval. The following table summarizes development activities including those identified within the 2016 Update. Developments identified have some form of entitlement either through preliminary plat or final plat. The Households identified indicate the total number of households and/or lots as approved for each project. Table 6. Entitled Developments in Village Area through 2021 Project (Development or Subdivision) Land Use Households (HH) Arbor Glen Senior Living V-MU 84 HH Easton Village V-LDR 265 HH Fields of Arbor Glen V-MU 60 HH North Star V-LDR 266 HH Northport V-LDR 91 HH Village Preserve V-LDR 97 HH Wildflower V-MDR 145 HH Total HH 1,008 HH Since the 2016 Update no new significant commercial or mixed-use development/redevelopment has occurred. The City anticipates the following improvements and/or projects in the next couple years: • The existing Brookfield Office Building located at 3880 Laverne Avenue will be remodeled and redeveloped into the new City Hall campus to include the Fire Department. • The old Fury Motors site at CSAH 14 and CSAH 17 has been vacated and the site is likely to be redeveloped in the near future. There are no known development plans to review as part of this 2021 Update. Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 10 10.) Cover Type. Table 10-1 contained in the 2009 Village Area AUAR and as modified in the 2016 Update is updated to reflect the development activity that has occurred over the past 5-years within the AUAR area. Table 7. Table 10-1 Revised Minnesota Land Cover Classification System (MLCCS) Cover Types from the 2009 Village Area AUAR MLCCS Cover Type Acres Percent of Total Area Artificial Surfaces and Associated Areas 659.8 52% Planted or Cultivated Vegetation 308.2 24% Forest 120.3 9% Herbaceous 101.0 8% Open Water 62.4 5% Woodland 23.3 2% Total 1,275 100% 11.) Fish Wildlife, and Ecologically Sensitive Resources. No Change 12.) Physical Impacts on Water Resources. No Change 13.) Water Use. The City prepared an update to its Comprehensive Water Supply System Plan as part of the 2040 Comprehensive Plan. The population, household and employment projections contained in the Water Supply System Plan are consistent with the projections contained within the 2040 Comprehensive Plan that includes the updated future land use plan referenced in Item #6 and #9 of this report. The 2040 Comprehensive Plan and Water Supply System Plan correspond to the full build out of the Village Area within the planning period. 14.) Water-Related Land Use Management Districts. No Change 15.) Water Surface Use. No Change 16.) Erosion and Sedimentation. No Change Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 11 17.) Water Quality – Surface Water Runoff. The City adopted a revised Local Surface Water Management Plan as part of the 2040 Comprehensive Plan. The rules for preparation of a LSWMP were changed as part of this planning period which now require cities to adopt their LSWMP concurrently to the decennial comprehensive plan update process to ensure the plans are consistent. The City’s LSWMP adopts the Valley Branch Watershed District (VBWD) standards and rules by reference and requires all development to meet the VBWD standards as well as the City’s ordinance requirements. Within the LSWMP the Old Village Area Flooding was explicitly addressed due to potential water quality and quantity impacts from stormwater runoff specifically from proposed future development especially on Down’s Lake. The following mitigative steps were identified within the plan:  A regional infiltration basin was constructed in 2015 directly downstream from the Old Village Center together with the construction of a new large diameter storm sewer system along Lake Elmo Avenue, Laverne Avenue, 36th Street, and Upper 33rd Street. This project was identified in the 2016 Update and has been completed.  Goetschel Pond Stormwater Diversion. As part of multiple development projects, stormwater was diverted from two large new subdivisions from draining to the Down’s Lake subwatershed to the Goetschel Pond subwatershed, effectively diverting 50+ acres of drainage area from entering the Old Village Center. This project has been completed.  Recommendation that as development occurs the City should require the construction of stormwater retention ponds upstream of the Village Center. As development has progressed in this area the City has required the development of appropriate stormwater management features including stormwater ponds to manage stormwater consistent with this recommendation and the rules and standards of both the VBWD and the City.  The City should complete further evaluation and consider implementation of the Sunfish Lake Diversion Plan.  As opportunities become available in the Village Center the City should continue to improve and enhance stormwater conveyance through the Village Center to further reduce flooding. Consideration for small scale green infrastructure should be considered for incorporation as development or redevelopment occurs.  Complete the maintenance of proposed and existing stormwater facilities and appropriately manage and maintain the system in the future. Ensure management of the systems through Development Agreements, Stormwater Management Facilities maintenance agreements, drainage and utilities easements and other agreements or tools as necessary. 18.) Water Quality – Wastewater. The sanitary sewer system into the Village Area was completed prior to the 2016 Update which included the installation of the Village Force Main sewer system from the I-94 Corridor. Since the extension of services, the City has hooked up the existing homes located within the Village Area located on small urban-scale lots. New greenfield developments are required to hook up to the regional system and are responsible for the infrastructure costs and extensions. Since the 2016 Update approximately 825 new lots have been platted and are either hooked up, or will be hooked up to the system at time of building permit. 19.) Geologic Hazards and Soil Conditions. No Change Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 12 20.) Solid Wastes; Hazardous Wastes; Storage Tanks. No Change 21.) Traffic. The 2009 Village Area AUAR identified recommended roadway improvements to adequately support the planned development analyzed in all Scenarios. The following table includes the recommendations and/or mitigation contained in item 21.1.2 of the 2009 Village Area AUAR, and progress to-date in completion of the mitigative response. Table 8. Summary of Improvements to-date for Recommended Mitigation from 2009 Village Area AUAR Intersection Recommendation/Description Progress/Date CSAH 14 (old TH 5) and 39th Street  Install new traffic signal.  Additional eastbound right-turn lane  Additional westbound left-turn lane  New northbound approach with one through left and an exclusive right-turn lane. Improvements to the CSAH 14 and 39th Street intersection have been completed. The traffic signal is not installed and will be once traffic generated warrants its installation. CSAH 14 (old TH 5) and Laverne Ave  Additional northbound and southbound right- turn lanes This was completed as part of the Laverne Avenue reconstruction project. Mitigation is complete. CSAH 14 (old TH 5) and CSAH 17 (Lake Elmo Avenue South)  Additional westbound right-turn lane to match eastbound approach  Additional eastbound left-turn lane to match westbound approach  New southbound approach with single through- right and left-turn lanes This was completed as part of the CSAH 17 reconstruction project. Mitigation is complete. CSAH 14 (old TH 5) and CSAH 17 (Lake Elmo Avenue North)  Additional eastbound right-turn lane to match westbound approach  Additional westbound left-turn lane to match eastbound approach  New northbound approach with single through- right and left turn lanes This was completed as part of the CSAH 14 improvement project. Mitigation is complete. CSAH 17 (Lake Elmo Avenue North) and 39th Street  New eastbound approach with single lane for all movements  Additional northbound and southbound left-turn lanes This was completed as part of the CSAH 17 improvement project. Mitigation is complete. It should be noted that since the preparation of the 2009 Village Area AUAR and the 2016 Update that Trunk Highway 5 has been turned back to Washington County and is now County State Aid Highway 14 through the Village Area. This change is noted in the 2040 Comprehensive Plan. The 2040 Comprehensive Plan includes a full update to the Transportation Chapter. The Transportation Chapter includes an analysis of the projected traffic generated based on the Future Land Use Plan. The information is broken out by Transportation Analysis Zones (TAZ) and accounts for and addresses the project households and employment forecasted within the Village Area. The 2040 Comprehensive Plan incorporated anticipated improvements stated within the 2009 Village Area AUAR and 2016 Update. The local road network continues to be constructed and extended with the development of new neighborhoods within the Village Area. Local roadways have been installed to meet access spacing Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 13 guidelines of the roadway jurisdiction including State and Washington County roadways. Roads are required to be constructed consistent with the City’s ordinances and engineering standards and specifications. Village Parkway has been constructed through the Easton Village development in the southeast quadrant of the Village Area and is currently stubbed to the railroad track. The continuation and connection of Village Parkway to the downtown will be constructed as development occurs. 22.) Vehicle-Related Air Emissions. No Change 23.) Stationary Source Emissions. No Change 24.) Dust, Air and Noise Impacts. No Change 25.) Sensitive Resources. No Change 26.) Visual Impacts. No Change 27.) Compatibility with Plans. The City prepared the 2040 Comprehensive Plan consistent with the requirements established by the System Statement for the decennial update from the Metropolitan Council. The Future Land Use Plan for the Village is most consistent with Scenario C provided within the 2009 Village Area AUAR. As noted in Items #9, 13, 17, 18, and 21 components of the Comprehensive Plan were updated to address infrastructure and transportation systems consistent with projected household, employment and population growth in the Village Area. No other changes to this item are noted. 28.) Impact on Infrastructure and Public Services. No Change 29.) Cumulative Potential Effects. No Change 30.) Other Potential Environmental Impacts. No Change 31.) Summary of Issues. No Change Mitigation Plan Update The Mitigation Plan contained within the 2009 Village AUAR remains valid and in effect. Several recommended mitigation strategies have been implemented as noted within this 2021 Update. Additional mitigative strategies have been implemented as development occurred within the past 5-year period. The City will continue to address the Mitigation Plan as future development is reviewed for consistency with the AUAR and all other applicable regulatory plans. The City acknowledges that all proper permitting is required for any project within the development and that current 2021 permitting requirements apply. Alternative Urban Areawide Review (AUAR) Update City of Lake Elmo, Minnesota, Lake Elmo Village Area December 2021 ATTACHMENT: Public Comment Letters Received December 3, 2021 Kristina Handt City Administrator City of Lake Elmo 3880 Laverne Ave. N. Suite 100 Lake Elmo, MN 55042 RE: City of Lake Elmo - Alternative Urban Areawide Review Update (AUAR) – Lake Elmo Village Area Metropolitan Council Review No. 20393-5 Metropolitan Council District No. 12 Dear Kristina Handt: Metropolitan Council received the Lake Elmo Village Area AUAR Update on November 17, 2021. The AUAR represents the 5-year update required under environmental rules for a study area of approximately 1,275 acres surrounding the City of Lake Elmo’s downtown area. Council staff has conducted a review of this AUAR Update to determine its accuracy and completeness in addressing regional concerns. The staff review has concluded that the AUAR Update is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. This will conclude the Council’s review of the AUAR Update. The Council will take no formal action on the AUAR Update. If you have any questions or need further information, please contact please contact Jake Reilly, Sector Representative, at 651-602-1822 or via email at jake.reilly@metc.state.mn.us. Sincerely, Angela R. Torres, AICP, Manager Local Planning Assistance CC: Jennifer Haskamp, Consultant Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Francisco J. Gonzalez, Metropolitan Council District No. 12 Jake Reilly, Sector Representative/Principal Reviewer Reviews Coordinator N:\CommDev\LPA\Communities\Lake Elmo\Letters\Lake Elmo 2021 Village Area AUAR Update. 20393-5.docx December 1, 2021 Molly Just City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Lake Elmo Village Alternative Urban Areawide Review Update Dear Molly Just: Thank you for the opportunity to review and comment on the Alternative Urban Areawide Review (AUAR) Update for the Lake Elmo Village project (Project) in the city of Lake Elmo, Washington County, Minnesota. The Project consists of a 1,200-acre mixed-use development. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility or other interests, the MPCA staff has the following comments for your consideration. General Comment The MPCA recommends the city use the updated EAW form for the next AUAR Update to better capture the relevant issues. The form is available on the Environmental Quality Board website at: https://www.eqb.state.mn.us/content/eaw-process. Water Quality – Surface Water Runoff (Item 17) The AUAR Update provides very little information about how the Project will mitigate stormwater impacts to surface waters as development increases, other than installing stormwater ponds. The AUAR Update mentions consideration of small-scale green infrastructure. It is highly recommended that the City expand the use of green infrastructure practices in the development to address the flooding issues mentioned in the AUAR Update and help adapt to already increased rainfall due to climate change. In addition, volume reduction practices are currently required by MPCA stormwater permits to reduce stormwater flows to area waters. Practices that utilize infiltration to reduce stormwater volumes must be considered unless prohibited due to high water tables or unsuitable soils. Projects within the development could also consider water reuse to reduce stormwater volumes and a reduction in impervious surfaces through use of permeable pavements or narrower streets. It is also beneficial to maximize open space including planting trees and native vegetation to absorb stormwater and mimic the natural hydrology of the site. Areas dominated by impervious surfaces could incorporate tree trenches, tree boxes or other measures designed to absorb or collect rainwater. Please direct questions regarding CSW Permit requirements to Roberta Getman at 507-206-2629 or Roberta.Getman@state.mn.us. Molly Just Page 2 December 1, 2021 We appreciate the opportunity to review this Project. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this AUAR Update, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. Sincerely, Karen Kromar This document has been electronically signed. Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK/RG:rs cc: Dan Card, MPCA, St. Paul Roberta Getman, MPCA, Rochester 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Public Works Department Donald J. Theisen, P.E. Director Wayne H. Sandberg, P.E. Deputy Director/County Engineer December 1, 2021 Molly Just Planning Director City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 Washington County Comments on Village Area Alternative Urban Areawide Review Update Dear Ms. Just, Thank you for the opportunity to review the Village Area Alternative Urban Areawide Review (AUAR) Update relating to future development along County State Aid Highway (CSAH) 17 (Lake Elmo Avenue) and CSAH 14 (Stillwater Boulevard) in the City of Lake Elmo. Washington County’s Department of Public Health and Environment and Public Works Department have reviewed the AUAR Update and offer the following comments:  If wells are located during project construction, these would need to be sealed according to Minnesota Department of Health regulations to mitigate potential groundwater contamination.  Any septic systems, tanks, or components on property must be identified and properly abandoned. A county permit for septic system abandonment is required and a Minnesota Pollution Control Agency abandonment form must be submitted to the Washington County Department of Public Health and Environment.  All solid and hazardous waste, including waste resulting from historic dumping, must be removed from the property and managed at an appropriately permitted waste disposal facility. If you have any questions or comments on the county’s responses to the Village Area AUAR Update, please contact me at kurt.howard@co.washington.mn.us. Sincerely, Kurt Howard Planner II DATE: 1/4/2022 CONSENT MOTION TO: City Council FROM: Molly Just, Planning Director AGENDA ITEM: Krueger Tree Farm Agricultural Entertainment Business IUP – Consent Agreement REVIEWED BY: Sarah Sonsalla, City Attorney BACKGROUND: On November 16, 2021, the City Council adopted Resolution 2022-129 approving an Interim Use Permit for an Agricultural Entertainment Business at 4452 Lake Elmo Avenue to allow professional photography sessions as an accessory use to the operating tree farm. An executed consent agreement is a requirement for interim use permits. ISSUE BEFORE CITY COUNCIL: The City Council is being asked to adopt Resolution 2022-009 approving the consent agreement for an approved interim use permit. REVIEW/ANALYSIS: The proposed consent agreement include the following components: • Applicant, and its successors and assigns, shall have no entitlement to future re-approval of the Interim Use Permit. • Hours of operation for the photography use are limited to 9:00 AM to 8:00 PM, or sunset, whichever is sooner, from January – November 15th. • Applicant shall provide specific direction to photographers about the allowable locations for photo sessions. • Parking for this use must be accommodated within the existing parking lot. FISCAL IMPACT: None. There will be no fiscal impact to the public as a result of approving the consent agreement. ] OPTIONS: The City Council is being asked to consider approval of the consent agreement and has the following options: 1) Adopt Resolution 2022-009 approving the consent agreement for an Agricultural Entertainment Business at 4452 Lake Elmo Avenue to allow professional photography sessions; or 2) Direct Staff to amend the draft consent agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2022-009 approving the consent agreement for an Agricultural Entertainment Business at 4452 Lake Elmo Avenue to allow professional photography sessions with the following motion: “Move to adopt Resolution 2022-009 approving the consent agreement for Krueger Tree Farm Agricultural Entertainment Photography Business IUP” ATTACHMENTS: • Resolution 2022-009 • Krueger Tree Farm Agricultural Entertainment Photography Business Consent Agreement CONSENT AGREEMENT INTERIM USE PERMIT 1.0 Parties. This Consent Agreement/Interim Use Permit (“Agreement”) is entered into by and between the City of Lake Elmo, a Minnesota statutory city (“City”); and Krueger’s Tree Farm, 4452 Lake Elmo Avenue North (“Applicant”). 2.0 Recitals. A. Applicant is the record fee Owner of the following described property situated in Lake Elmo, MN (“Property”): Part of the east half (1/2) of the southeast quarter (1/4) lying northerly of the current existing east-west right-of-way known as 43rd Street North, in Section 11, Township 029 West, Range 21 North in Washington County and State of Minnesota. Commonly known as 4452 Lake Elmo Avenue North. B. The Property is zoned Agricultural. C. The interim use of commercial photography as an Agricultural Entertainment Business is allowed in the Agricultural zoning district subject to the regulations contained in Lake Elmo City Code Section 105.12.1450. D. Applicant has requested that the City allow an interim use of commercial photography as an accessory use to the operating tree farm. E. On the 20th day of September, 2021, Applicant submitted a completed application for an Interim Use Permit. F. On the 25th day of October, 2021, the Lake Elmo Planning Commission, at a public hearing, reviewed the Interim Use Permit application, city staff comments and reports, Applicant’s comments and reports, and public comments, and recommended approval of the Interim Use Permit for commercial photography as an accessory Agricultural Entertainment Business subject to certain conditions. G. On the 16th day of November, 2021, the Lake Elmo City Council reviewed the Interim Use Permit application, city staff comments and reports, Applicant’s comments and reports, public comments, and the recommendations of the Lake Elmo Planning Commission, and agreed to authorize the interim use subject to the terms and conditions as specified in 105.12.1450 of the Zoning Ordinance and Resolution 2021-129 approving the Interim Use Permit. 3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself, and its successors and assigns, agree that the Interim Use Permit shall be issued subject to the following conditions: A. Applicant, and its successors and assigns, shall have no entitlement to future re-approval of the Interim Use Permit. 2 B. The use will not adversely impact nearby property properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. C. The use will not adversely impact implementation of the comprehensive plan. D. Applicant signs the approved consent agreement with the City in accordance with Section 105.12.300 of the City Code. E. This interim use permit only allows the use of the site as a setting for family and individual photographs by a professional photographer. F. Hours of operation for the photography use are limited to 9:00 AM to 8:00 PM, or sunset, whichever is sooner, from January – November 15th. G. The photography sessions must not utilize the interior of the sales building, or any other building on the site for this purpose. This includes set up, changing rooms, or review of photos. H. Applicant shall provide specific direction to photographers about the allowable locations for photo sessions. I. Parking for this use must be accommodated within the existing parking lot. J. The operator must be able to demonstrate at all times to the city that there is sufficient access, parking, and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business. K. All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties. L. All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties. M. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate for the underlying zoning. The base daily trip generation is established at 180 vehicle trips per day for every 40 acres. N. There shall be no exterior storage of equipment and materials associated with the agricultural entertainment use. O. Trash containers must be located inside or screened in an acceptable manner. 3 P. The Interim Use Permit shall expire on January 1, 2042; upon the sale of the property or a transfer of the business ownership to an outside party (non- family member); or at such time that the total property utilized for the Krueger Christmas tree farm is less than 40 acres; whichever occurs first. At such time as this IUP expires, an applicant may request an extension. 4.0 Renewal of Interim Use Permit. The Interim Use Permit may be renewed by the Council prior to the expiration. 5.0 Acknowledgement of the Permitted Uses. Any Permitted Use that was previously conducted on the Property is allowed to continue in conjunction with the Interim Use Permit. 6.0 Acknowledgement and Consent. Applicant acknowledges that this is a legally binding agreement and that Applicant has had an opportunity to review the Agreement with legal counsel. Applicant consents to the terms of this Agreement and its restrictions on the use of the Property and the Interim Use Area. 7.0 Effective Date. This Consent Agreement/Interim Use Permit shall be effective upon execution by all parties. Date: 1/4/22 CITY OF LAKE ELMO By: _______________________ Charles Cadenhead Mayor KRUEGER TREE FARM By: _______________________ Its: _______________________ Resolution 2022 - CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-009 A RESOLUTION APPROVING A CONSENT AGREEMENT FOR KRUEGER TREE FARM AGRICULTURAL ENTERTAINMENT BUSINESS INTERIM USE PERMIT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Krueger’s Tree Farm, 4452 Lake Elmo Avenue North (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for an Interim Use Permit for Commercial Photography as an accessory Agricultural Entertainment Business to the tree farm; and WHEREAS, on November 16, 2021, the Lake Elmo City Council adopted Resolution 2021-129 approving the Interim Use Permit, subject to 13 Conditions of Approval; and WHEREAS, code section 105.12.300 establishes that the Applicant shall enter into a Consent Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such an agreement and a copy of the Consent Agreement was submitted to the City Council for consideration at its January 4, 2022 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Consent Agreement for the Interim Use Permit for Commercial Photography as an accessory Agricultural Entertainment Business to the tree farm and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 4th day of January, 2022 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk DATE: January 4, 2022 CONSENT AGENDA ITEM: Approve Easement Acquisition for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Marty Powers, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council adopt a Resolution approving appraised values, offers of compensation and easement acquisition by eminent domain for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements? BACKGROUND: As part of the Old Village Capital Improvement Plan, the City of Lake Elmo is extending sanitary sewer to serve the existing properties in the Old Village area to replace the use of individual on-site sewage treatment systems or community owned 201 wastewater treatment systems. The Improvements are being constructed in phases and through separate projects. The Old Village Phase 5 and 6 Street, Drainage and Utility Improvements includes street, drainage, watermain and sanitary sewer improvements along 32nd Street North, 33rd Street North; 33rd Street Lane North; Kraft Circle North; Lampert Avenue North, Langly Court North, Upper 33rd Street North, 34th Street North, 36th Street North along the trail easement, and along the Private Driveway east from Lake Elmo Avenue including 3407, 3409, 3411, 3413, 3415 Lake Elmo Avenue. The Phase 5 and 6 project also includes the replacement of the aged watermain along the project corridors and reconstructing the public streets that are disturbed during the work. Drainage improvements are included to provide surface and subsurface street and right-of-way drainage to protect the new street infrastructure. PROPOSAL DETAILS/ANALYSIS: On March 16, 2021, the City Council awarded a construction contract for the Old Village Phase 5 and 6 Improvements with the project scheduled to be constructed over two years with construction beginning in 2021 and scheduled to be completed in 2022. During the design of the project and through the first construction season, staff has been working to acquire the necessary permanent roadway, drainage and utility easements, and temporary construction easements, necessary to implement the project. Eleven permanent roadway, drainage and utility easements have been successfully obtained with permanent easement acquisition still needed from seven additional properties. In order to ensure that the necessary easements can be acquired prior to delaying the contractor, staff is recommending that the council provide the authorizations needed to follow the formal statutory procedures for Eminent Domain for those easements that are not acquired by voluntary negotiation. Exhibit A in the council packet includes the easement sketches and legal descriptions for the seven permanent roadway, drainage and utility easements yet to be acquired. A tentative easement acquisition schedule is also provided as an attachment to this agenda report. FISCAL IMPACT: No additional fiscal impact is anticipated at this time, although formal appraisals have not yet been completed. The estimated total project cost for the authorized improvements includes a $200,000 budget for easement and right-of-way acquisition. Estimated acquisition amounts for the remaining seven properties, assuming County assessed values, is roughly $32,000, not counting legal and appraiser costs, and would be within the overall project budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, a Resolution approving appraised values, offers of compensation and easement acquisition by eminent domain for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve Resolution 2022-010 approving appraised values, offers of compensation and easement acquisition by eminent domain for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements? ATTACHMENTS: 1. Resolution Approving Appraised Values, Offers of Compensation, and Easement Acquisition by Eminent Domain for the Old Village Phase 5 and 6 Street, Drainage and Utility Improvements. 2. Exhibit A – Permanent Roadway, Drainage and Utility Easements and Temporary Construction Easements. 3. Property Acquisition Schedule. 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-010 A RESOLUTION APPROVING APPRAISED VALUES, OFFERS OF COMPENSATION AND EASEMENT ACQUISITION BY EMINENT DOMAIN FOR THE OLD VILLAGE PHASE 5 AND 6 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to City Council resolution adopted on March 16, 2021, the Council Ordered the Improvements for the Old Village Phase 5 and 6 Street, Drainage, and Utility Improvements to extend public sanitary sewer to replace failing private on-site individual wastewater treatment systems, to replace aging watermain, and reconstruct the public streets; and WHEREAS, the plans require the acquisition of permanent roadway, drainage and utility easements and temporary construction easements to construct and maintain the Project, as depicted in Exhibit A attached hereto (“Easements”); and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire title to and possession of the Easements in furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Easements prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the acquisition of the Easements are necessary and for a public purpose in furtherance of the Project; 2. That the City Administrator and City Engineer are authorized and directed to engage independent real estate appraisers to provide the City with the appraisers' opinions of damages caused by the City' s acquisition of the Easements needed for the Project; 3. That the City Administrator and City Engineer are authorized and directed to acquire the Easements needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 4. That the City Administrator and City Engineer are authorized and directed to make offers of compensation to the respective landowner for the Easements needed for the Project consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Easements; 5. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take all steps necessary on behalf of the City to acquire through eminent domain the 2 Easements that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; 6. That the City Administrator is authorized to approve the appraised values for the Easements if the City Administrator determines that the independent appraisals adequately reflect the fair market values thereof for the purposes of Minn. Stat. § 117.042. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF JANUARY, 2022. CITY OF LAKE ELMO By: __________________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk ParcelCor Parcel Cor Existing 20' streetand utility easement20.00 16.00 36.00 33RD STREET LN NKRAFT CIR N- Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1402921410028 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, and across the following properties: Tract 1: The North One Hundred twenty-five (125) feet of the South Three Hundred fifty (350) feet of the Easterly OneHundred twenty and sixteen hundredths (120.16) feet of the Westerly Two Hundred forty and thirty-twohundredths (240.32) feet of Lot Seven (7) of FIRST REARRANGEMENT OF LOT 3, BLOCK 3, of LAKEELMO PARK, as surveyed and platted and now on file and of record in the office of the Registrar of Titles in and for the County of Washington and State of Minnesota. Tract 2:The northerly 125.00 feet of the southerly 350.00 feet of the westerly 120.16 feet of Lot 7, FIRSTREARRANGEMENT OF LOT 3, BLOCK 3 LAKE ELMO PARK according to the plat thereof on file and ofrecord in the office of the Registrar of Titles, Washington County. Minnesota. Said easement being the westerly 20 feet of said Tract 2. ALSO a temporary construction easement over, under, and across the westerly 16 feet of the easterly 36 feetsaid Tract 1. PERMANENT EASEMENT (2504 +/- sqft)TEMPORARY EASEMENT (2003 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921410028.dwg, 12/18/2020 2:45:02 PM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 40.00 40.0020.00 5.005.0033RD STREET LN N33RD ST N ParcelCor ParcelCor 25.00 Existing 20' streetand utility easementKRAFT CIR N- Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1402921410027 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, and across the following properties: Tract 1: The Westerly 120.16 feet of Lot 7, FIRST REARRANGEMENT OF LOT 3, BLOCK 3, LAKE ELMO PARK,lying Northerly of the Southerly 350.00 feet of Lot 7, according to the plat thereof on file and of record in theoffice of the Registrar of Titles, Washington County, Minnesota. Tract 2:The Easterly One hundred twenty and sixteen hundredths (120.16) feet of the Westerly Two hundred fortyand thirty-two hundredths feet of Lot Seven (7) of FIRST REARRANGEMENT OF LOT THREE (3), BLOCKTHREE (3) OF LAKE ELMO PARK, EXCEPT the South Three hundred fifty (350) feet thereof. as surveyedand platted and now on file in the office of the Registrar of Titles in and for said Washington County and Stateof Minnesota Said easement being the westerly 20 feet of said Tract 1 and a triangle in the northwesterly corner of said Tract 1easterly of said westerly 20 feet, described as follows: Beginning at a point on the westerly line of said Tract 1, 40.00 feet southerly of the northwesterly corner ofsaid Tract 1; thence northerly along said westerly line for 40.00 feet to said northwesterly corner; thencenortheasterly along the northerly line of said Tract 1 for 40.00 feet: thence southwesterly to the point of beginning and there terminating ALSO a temporary construction easement over, under, and across the northerly 5 feet of said Tract 1 and said Tract 2, easterly of said permanent easement an westerly of the easterly 25 feet of said Tract 2. ALSO a temporary construction easement over, under, and across the westerly 5 feet of the easterly 25 feet of said Tract 2. PERMANENT EASEMENT (1995 +/- sqft)TEMPORARY EASEMENT (1663 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921410027.dwg, 12/18/2020 2:41:19 PM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 20.00 20.0033RD ST N 33RD STREET LN NParcelCor Parcel Cor 5.00 33RD STREET LN N - Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1402921410016 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, and across thefollowing property: All that part of Lot Four (4), Block Three (3), of LAKE ELMO PARK,in the Village of Lake Elmo, Minnesota described as follows:Commence at the northeast corner of Lot Four (4), Block three (3), of Lake Elmo Park as now of record and on file in the office of the Registrar of Titles in and for the County of Washington,State of Minnesota; thence southwesterly along the north line ofsaid Lot Four (4) for one hundred thirty and eighty-two one-hundredths feet to the point of beginning of this description;thence South and parallel with the East line of said Lot Four (4)for One hundred fifty-three and ninety-two one-hundredths (153.92) feet; thence West at right angle for One hundred sixand ninety-six one hundredths feet; thence North at right angleand parallel with said East line of Lot four (4) for One hundredtwenty and twenty-nine one-hundredths (120.29) feet to theintersection with the North line of said Lot Four (4 ); thenceNortheasterly along said North line of Lot Four (4) for Onehundred twelve and fifteen one-hundredths (112.15) feet to the point of beginning. Said permanent easement being a triangle in the northwesterly corner of said property described as follows:Beginning at a point on the westerly line of said property, 20.00 feetsoutherly of the said northwesterly corner; thence north along said westerly line for 20.00 feet; thence northeasterly on the northerlyline of said property for 20.00 feet; thence southwesterly to the pointof beginning and there terminating. ALSO a temporary construction easement over, under, and across thenortherly 5 feet of said property easterly of said permanent easement. PERMANENT EASEMENT (191 +/- sqft) TEMPORARY EASEMENT (473 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921410016.dwg, 12/18/2020 2:28:53 PM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 20.00 20.005.00 Parcel Cor ParcelCor 33RD ST N 33RD STREET LN N33RD STREET LN N - Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1402921410014 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, andacross the following property: All that part of Lot Four (4), Block Three (3), of LAKEELMO PARK, in the Village of Lake Elmo, Minnesotalegally described as follows: Commencing at the Northeast corner of Lot 4, Block 3, of LAKE ELMO PARK, as now of record and onfile in the Office of the Registrar of Titles in and forthe County of Washington and State of Minnesota; thence Southwesterly along the North line of saidLot 4 for 20.96 feet to the point of beginning of thisdescription, thence South and parallel with the East line of said Lot 4, for 219.92 feet; thence West atright angles for 105 feet; thence North at right angleand parallel with said East line of Lot 4, for 186.92 feet to its intersection with the North line of said Lot4, thence East at right angles 109.86 feet to thepoint of beginning. Said permanent easement being a triangle in thenortheasterly corner of said property described as follows: Beginning at a point on the easterly line of said property, 20.00 feet southerly of the said northeasterlycorner; thence north along said easterly line for 20.00feet; thence southwesterly on the northerly line of said property for 20.00 feet; thence southeasterly to thepoint of beginning and there terminating. ALSO a temporary construction easement over, under,and across the northerly 5 feet of said property westerly ofsaid permanent easement. PERMANENT EASEMENT (191 +/- sqft) TEMPORARY EASEMENT (463 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1402921410014.dwg, 12/18/2020 2:26:31 PM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 10.00 STILLWATER BLVD N ParcelCor Parcel Cor - Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1302921230067 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 60 120 A permanent utility, drainage, and grading easement over, under, and across the following property: All that part of Lot 1, County Auditor's Plat No. 8, Washington County, Minnesota, describedas follows:Beginning at the quarter-section corner on the West side of Section 13, Township 29 North, Range 21 West, thence North along theWest line of said Section 13, 329.64 feet to a stone monument on the Southerly side of St. Paul and Stillwater Road; thence N55° 161/2' E along the said Southerly line of said Road 464.63 feet to the Northwest corner of tract of land conveyed by James S. Collopyand wife to William Albrecht by Warranty Deed dated and acknowledged June 11, 1910, and recorded in the office of the County Recorder in and for said Washington County in Book 76 of Deeds, page 148, to the place of beginning; thence South along the Westline of said land 261.6 feet to the Southwest corner of said land; thence S72° 48' W 255 feet to a point; thence North along a lineparallel to said West line of said Section 13 to a point in the said Southerly line of said St. Paul and Stillwater Road; thence N55° 16 1/2' E along the said Southerly line of said road to place of beginning.EXCEPT the Westerly 15 feet of the above-described tract. Said easement being the southerly 10 feet of said property. PERMANENT EASEMENT (2112 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1302921230067.dwg, 12/18/2020 10:37:49 AM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 11.00 5.00 20.00 20.00LAMPERT AVE N33RD ST N ParcelCor Parcel Cor - Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1302921320003 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, and across the following property: All that part of the NW 1/4 of SW 1/4 of Section 13, Township 29 North, Range 21 West, in the Village of Lake Elmo, WashingtonCounty, Minnesota, described as follows: Commencing at the West Quarter Corner of Section 13, Township 29 North, Range 21 West, Washington County, Minnesota;thence South along the West line of said Section 13 for 760.10 feet to the Northwest corner of Lot 1, Block 3 of LAKE ELMOPARK as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; thence on the recorded bearing of North 72 degrees 42 minutes 00 seconds East along the South line of 33rdStreet North (platted Railway Avenue), for 261 .40 feet (platted 261.64 feet)to its intersection with the East line of LampertAvenue North (platted Elmo Avenue) which is the point of beginning of this description; thence continuing North 72 degrees42 minutes 00 seconds East along said South line of 33rd St. No. for 100 00 feet to the Northwest corner of Lot 1 of Block 2of said LAKE ELMO PARK' thence South 17 degrees 19 minutes 07 seconds East (platted S17 degrees 18 minutes E) alongthe Westerly line of said Lot 1, Block 2 for 177 .00 feet to the northerly most corner of Lot 6 of said Block 2; thence South 72degrees 42 minutes 00 seconds West along the northerly most line of said Lot 6 for 100.00 feet to said East line of Lampert Avenue North; thence North 17 degrees 19 minutes 07 seconds West along said East line of Lampert Avenue North for177.00 feet to the point of beginning. Said easement being a triangle in the northeasterly corner of said property described as follows:Beginning at a point on the westerly line of said property, 20.00 feet southerly, as measured along said westerly line, of saidnorthwesterly corner; thence northwesterly along said westerly line for 20.00 feet to said northwesterly corner; thence easterly along the northerly line of said property for 20.00 feet; thence southeasterly to the point of beginning and there terminating. ALSO a temporary construction easement over, under, and across the northerly 5 feet easterly of said triangle of said property. ALSO a temporary construction easement over, under, and across the westerly 11 feet southerly of said triangle of said property. PERMANENT EASEMENT (200 +/- sqft)TEMPORARY EASEMENT (2200 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1302921320003.dwg, 12/18/2020 11:23:40 AM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 5.00 5.0020.00 20.00 33RD ST N LANGLY CT NParcelCor ParcelCor - Date: Lic. No. Printed Name: Signature: FILE NO. DATE SEE FILE BOOK & PAGE REVISIONSDATEBYNO. DRAWN BY:CHECKED BY:SURVEYED BY: I hereby certify that this survey, plan, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor underthe laws of the state of Minnesota.PID 1302921320080 WASHINGTON COUNTY MN PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.com Theodore S Brown 51678 12/18/2020 Feet 0 40 80 A permanent street and utility easement over, under, and across the following property: TRACT E, REGISTERED LAND SURVEY NO. 95, as surveyed and filed in the office of the Registrar of Titles in and for the County ofWashington and State of Minnesota. Said easement being a triangle in the northwesterly corner of said TRACT E described as follows: beginning on the westerly line of said TRACT E 20.00 feet southerly, as measured along said westerly line of said northwesterly corner;thence northwesterly along said westerly line for 20 feet to said northwesterly corner; thence northeasterly along the northerly line ofsaid TRACT E for 20.00 feet; thence southwesterly to the point of beginning and there terminating. ALSO a temporary construction easement over, under, and across the northerly 5 feet easterly of said triangle. ALSO a temporary construction easement over, under, and across the westerly 5 feet southerly of said triangle. TEMPORARY EASEMENT (1459 +/- sqft)PERMANENT EASEMENT (200 +/- sqft)S:\KO\L\Lakmo\151537\9-survey\92-CAD\15-dwg\exhibits\1302921320080.dwg, 12/18/2020 1:34:44 PM, ANSI full bleed A (8.50 x 11.00 Inches), 1:1 PROPERTY ACQUISTION SCHEDULE CITY OF LAKE ELMO OLD VILLAGE PHASE 5 AND 6 IMPROVEMENTS PROJECT NO. 2019.116 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 JANUARY 4, 2022 Council approves Resolution approving Acquisition by Eminent Domain. MARCH 11, 2022 City makes initial offer to Property Owner and provides copy of Damage Acquisition Report (commences 30 day required negotiation period). APRIL 12, 2022 File Petition for title and possession of property (commences 90+ day quick take). AUGUST 1, 2022 Contractor may proceed with work on acquired property. DATE: January 4, 2022 REGULAR AGENDA ITEM: Acting Mayor SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Minnesota State Statute § 412.121 reads: “At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies.” ISSUE BEFORE COUNCIL: Who should the Council appoint as Acting Mayor? PROPOSAL: The City Council is asked to select an Acting Mayor on the City’s behalf, should Mayor Cadenhead be unavailable or unable to attend a meeting, sign an agreement, or attend functions on behalf of the City. OPTIONS: Any of the four council members may be appointed acting mayor. Council Member McGinn served as Acting Mayor in 2021 RECOMMENDATION: “Move to appoint Council Member _______________ as Acting Mayor for 2022, to comply with and fulfill all duties enumerated in Minn. Statute § 412.121 relating to selection of an Acting Mayor.” DATE: January 4, 2022 REGULAR AGENDA ITEM: Fire Relief Association Board of Trustees Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Consistent with state statute, the by-laws of the Lake Elmo Firefighters Relief Association provide that there be two officials of the City that serve on its Board of Trustees along with the fire chief. One must be an elected official and the other may be an elected or appointed official. The Council should select one of its members (as required) and one other official (either a councilmember by name or a staff position by title) to the Firefighters Relief Association Board of Trustees. ISSUE BEFORE COUNCIL: Who should the Council appoint along with the Fire Chief to the Fire Relief Board of Trustees? PROPOSAL: In 2021, due to staff vacancies, two elected officials (Mayor Cadenhead and Council Member Beckstrom) were appointed to serve on the Fire Relief Board. In previous years, the Council has appointed the Finance Director or Building Official to the Board of Trustees. Being fully staffed again, Council may wish to appoint a staff member to the second position. Alternatively, Council could continue with two elected officials as appointees. OPTIONS: As stated above, one appointment must be an elected official (Mayor or any council member) and the other may be either elected or appointed (Mayor, Council member or any staff member). RECOMMENDATION: “Move to appoint Council Member _______________ and ______________ to the Fire Relief Association Board of Trustees for 2022.” DATE: January 4, 2022 REGULAR AGENDA ITEM: Planning Commission Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. The Planning Commission shall consist of 7 voting members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year. The terms of Brian Steil, Kyle Risner and Kathy Weeks expired 12/31/21. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Planning Commission? PROPOSAL: The city advertised for applicants to commission in Nov/Dec. Applicants for reappointment were received from Kyle Risner and Brian Steil. OPTIONS: Council may appoint any of the above individuals and/or continue advertising for additional applications. RECOMMENDATION: “Move to appoint Kyle Risner to the Planning Commission for a term ending 12/31/24.” “Move to appoint Brian Steil to the Planning Commission for a term ending 12/31/24.” DATE: January 4, 2022 REGULAR AGENDA ITEM: Parks Commission Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Parks Commission is established to review and make recommendations to the Council on the future development of city parks, including the establishment of and improvements to the parks, and to make recommendations to the Council on policies governing the maintenance and public use of the parks within the city. The Parks Commission shall consist of 7 members. The voting members shall be appointed by the City Council for a 3-year term. The terms of Hank Hoeschler, Andrew Hodges and Barry Weeks ended 12/31/21. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Parks Commission? PROPOSAL: The city advertised for applicants to the commission in Nov/Dec. We received applications for reappointment from Hank Hoeschler and Andrew Hodges. OPTIONS: Any of the above individuals would be eligible for appointment to the commission and/or continue to advertise for applicants. RECOMMENDATION: “Move to appoint Hank Hoeschler to the Parks Commission for a term ending 12/31/24” “Move to appoint Andrew Hodges to the Parks Commission for a term ending 12/31/24” CITY COUNCIL DATE: 1/4/2022 AGENDA ITEM: TO: Mayor and City Council ITEM: 2022 Planning Commission Work Plan SUBMITTED BY: Molly Just, Planning Director REVIEWED BY: Kristina Handt, City Administrator SUMMARY AND ACTION REQUESTED: Staff and the Planning Commission are respectfully requesting that the City Council review and accept the proposed Planning Commission Work Plan for 2022. The Planning Commission recommended approval of the proposed 2022 work plan during their meeting on December 13, 2021. REQUEST DETAILS: The Planning Department Staff has updated the 2021 Planning Commission Work Plan for 2022. Listed below are the activities that have been completed from the 2021 Work Plan: • Review and make recommendations to the City Council about new Airport Zoning regulations after their approval by the Lake Elmo Airport JAZB, MAC and MnDOT • Make last of code amendments required for compliance with comp plan • Planning Commission review of City Capital Improvement Plan for consistency with Comprehensive Plan • Participate in the planning for and the expected land uses for the City-owned 180 acres of land near County Road 14 and Ideal Avenue • Determine how new Airport zoning regulations from JAZB, MnDOT and the MAC will be implemented and regulated. • Migrate City Code from American Legal to Muni Code and codify recent amendments Some projects are currently in progress or ongoing: Chief among current projects is rebuilding the Planning Department after staff departures earlier this year. We will also add a new position – Code Enforcement Officer. With all new staff there is an opportunity to refine policies and procedures to make them more transparent and efficient. That will be top of mind with each task or project we undertake. It is the intent of staff to address the work plan projects in the order that they have been ranked. However, some projects, although ranked lower in terms of priority take less time to accomplish. Because of this other projects with a lower priority will be given attention before or in tandem with others of a higher tank. REQUESTED ACTION: Staff and the Planning Commission are respectfully requesting that the City Council review and accept the proposed Planning Commission Work Plan for 2022. ATTACHMENT: • 2022 Planning Commission Work Plan 1 2022 Planning Commission Work Plan Prepared by the Lake Elmo Planning Commission: 12/13/21 Accepted by the City Council: _______ Key Status C – Complete (delete once accepted by City Council) IP – In Progress PL Priority Level (1-5 with 1 being the highest priority. Level 4 or 5 may be an indicator of lack of personnel/time) Project and Description PL Status Zoning Map Amendments Code Amendments • Amend the Medium Density Residential District (MDR) to match the comp plan density and adjust the lot sizes to enable the range allowed in the comp plan 1 IP • Refine and continue to process the package of “clean up” code amendments from 2021 2 IP • Update the landscape ordinance to provide clarity for developers as to expectations and long-term responsibility. 2 IP • Review and make recommendations to the City Council about new Airport Zoning regulations after their approval by the Lake Elmo Airport JAZB, MAC and MnDOT 2 C • Make last of code amendments required for compliance with comp plan 2 C Comprehensive Planning • Planning Commission review of City Capital Improvement Plan for consistency with Comprehensive Plan 3 C Other Planning Initiatives • Rebuild the Planning Department in light of departures. Allocate work according to strengths, expectations, and interests. Hire a Code Enforcement Officer (22/23) 1 • Streamline & Improve Policies/Procedures for the handling of routine land matters including but not limited to variances, site plan review, setbacks et al; 1 IP • Update Permits and Land Use Applications to be more concise, include a checklist, and be electronic (fillable) 2 IP • Add Planning Module from Permit Works to track planning and zoning applications 4 2 • Create educational materials that may include a brochure, website, or other publication to communicate the intended and planned development patterns in the urbanizing area 5 • Participate in the planning for and the expected land uses for the City-owned 180 acres of land near County Road 14 and Ideal Avenue 2 C • Determine how new Airport zoning regulations from JAZB, MnDOT and the MAC will be implemented and regulated. C • Migrate City Code from American Legal to Muni Code and codify recent amendments 3 C Ongoing • Zoning Map Amendments - as amendments are requested 1 • Zoning Code Amendments – as amendments are requested 1 • Comprehensive Plan Amendments – as amendments are requested 1 DATE: January 4, 2022 REGULAR AGENDA ITEM: Request for Proposals (RFP) for Classification and Compensation Study SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City last completed a classification and compensation study in 2016/2017. Since that time, staff has made adjustments to the pay scale based upon a survey of comparable cities noted in that report. It is best practice to redo the study about every five years. The City of Lake Elmo has experienced significant growth (population increase from 8,643 to 11,335) in the last five years. In addition a few new positions have been/will be added since the last study (assistant administrator, utility billing clerk, fire inspector, assistant public works director, full time fire fighter and code enforcement official). Due to the growth, changes and challenges in recruitment, staff is recommending a new study be completed. ISSUE BEFORE COUNCIL: Should the Council authorize the issuance of an RFP for a Classification and Compensation Study? PROPOSAL: A copy of the proposed RFP is included in your packet. The RFP includes the following components: * Compensation Policy * Position analysis * Position classification evaluation * Labor Market Employers Criteria & Selection * Compensation analysis – salaries * Compensation analysis - benefits * Classification & Compensation system structure * System presentation, implementation and training Benefit analysis was not included in the last study. We’ve asked for them again but will evaluate when proposals are received if it is something that should be completed in house instead. An important change that staff would propose this time is to update our list of comparable cities to include more cities in the 11k-18k population range in the suburbs or exurbs in order to well position the city to be competitive in recruitments. The staff proposed comparable list is below but may be adjusted with input from the proposer. City Population Mendota Heights 11744 East Bethel 11786 North Saint Paul 12364 *Vadnais Heights 12912 *Waconia 13033 *Mounds View 13249 *Rogers 13295 Robbinsdale 14646 *Hugo 15766 *Ham Lake 16464 Anoka 17921 Saint Michael 18235 *denotes city on current list of comparables. The RFP includes the following proposed timeline: Request for Proposals Date: January 5, 2022 Proposals Due Date: January 26, 2022 City Council Considers Award: February 15, 2022 Project Completion Date: June 21, 2022 This is an aggressive schedule that was met the last time the study was done but may not be possible this time. Studies of this sort sometimes take upwards of 9-12 months. A completion date in June would allow wage adjustments to take place in July as they have in the past. If this timeline cannot be achieved staff would propose holding off on adjustments until completed. Then in 2023 move annual review dates to January 1 (instead of July). Changing annual review dates to January provides consistency for employees as well as efficiencies for the Finance Department allowing for one annual update to the pay scale. The study would cover all existing positions and proposed new positions for 2022 with the exception of part time fire fighter. As the city transitions to more full time fire fighters in 2022 and 2023, we expect the part time position will be eliminated. Paid on Call Firefighters were not included in the last study and are not included in this study, as their compensation and benefit structures vary from city to city. FISCAL IMPACT: The 2022 budget includes $15,000 for this work to be completed. OPTIONS: 1. Authorize the issuance of a request for proposals for a job classification and compensation study 2. Amend and then authorize the issuance of a request for proposals for a job classification and compensation study. 3. Do not issue a request for proposals for a job classification and compensation study RECOMMENDATION: “Motion to authorize the issuance of a request for proposals for a job classification and compensation study.” ATTACHMENTS: • RFP for Classification and Compensation Study Request for Proposals Job Classification and Compensation Study Request for Proposals Date: January 5, 2022 Proposals Due Date: January 26, 2022 City Council Considers Award: February 15, 2022 Project Completion Date: June 21, 2022 (tentative) For Questions Regarding these Proposal Documents contact: Kristina Handt, City Administrator City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 khandt@lakeelmo.org Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 January 5, 2022 Dear Consultant: Enclosed is the background information necessary to provide a proposal for the job classification and compensation system study for the City of Lake Elmo. The last classification and compensation study was completed in 2017. The City of Lake Elmo’s objective for the conduct of this particular study is to review and update the existing job evaluation and classification system to ensure reasonable compensation relationships between the various job classifications, both internally and externally. The end report must conform to the standards for compliance with pay equity, Fair Labor Standards Act as well as all other pertinent laws. All proposals must be received by 4:00 PM on January 26, 2022. Thank you for your consideration. If you have any questions concerning the specifications, etc. please contact me at 651.747.3905 or khandt@lakeelmo.org . Sincerely, Kristina Handt Administrator, City of Lake Elmo Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 SECTION I. INTRODUCTION AND OVERVIEW 1 REQUEST FOR PROPOSALS. The City is soliciting competitive proposals for professional services for the review and implementation of a job classification and compensation system that meets all Federal and State Compensation Standards. Sealed proposals will be received at Lake Elmo City Hall, 3800 Laverne Ave N, Lake Elmo, Minnesota, 55042 until 4:00 p.m. on Wednesday, January 26, 2022. All proposals must be sealed and marked “City of Lake Elmo Classification and Compensation Study Proposal.” Any questions regarding the Requests for Proposals must be in writing and addressed to Kristina Handt, City Administrator, Lake Elmo City Hall, 3800 Laverne Ave N, Lake Elmo, Minnesota, 55042 or sent via email to khandt@lakeelmo.org. Questions or requests for clarification of the Proposal documents shall be received by Monday, January 10, 2022. All questions will be responded to in writing on Friday, January 14, 2022 and each Consultant who has requested a Proposal package will be provided with a copy of the question asked and City’s response. Proposal documents may be obtained from Kristina Handt, City Administrator, at the above–referenced address, by telephone at 651-747-3905, or by e-mail to khandt@lakeelmo.org. 2 BACKGROUND. The City of Lake Elmo is located on the eastern edge of the Twin Cities metropolitan area and has a population of 11,335. The City is experiencing significant increase in development and population is projected to be 18,005 by 2030. Lake Elmo is a Statutory Plan A city with five department heads reporting to the City Administrator. The departments included in this study are: Administration, Fire, Planning, Building, Finance, and Public Works. The City currently employs 25 full-time employees and 7 regular part-time staff (6 part time firefighters will not be included in this study but fire administrative assistant will be). Three new positions (Assistant Public Works Director, Code Enforcement Official and Full Time Fire fighter) will be added in early 2022. An updated organizational chart is included with this proposal. Current job descriptions are also included, some of which may need updating. The City does have an adopted compensation plan for non-represented employees. The City’s 9 public works operators are represented by the Local 49ers Operating Engineers. 3 GOALS. The City recognizes the need to periodically review, analyze and update its job descriptions, classifications and compensation systems, and to periodically analyze its pay equity compliance. The goal of this study is to develop a City compensation policy, update the City’s existing job classification system, analyze the City’s salary ranges to ensure continuing consistency with the market and make a recommendation, if necessary, regarding implementation of any recommended changes. The study should also review all aspects of compensation. The study should include the following current positions: • City Administrator (Full Time) • Assistant Administrator (Full Time) • City Clerk (Full Time) • Deputy Clerk (Full Time) • Public Works Operator I (Full Time) • Public Works Operator II (Full Time) • Public Works Operator III (Full Time) • Public Works Lead (Full Time) • Assistant Public Works Director (Full Time) Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 • Public Works Director (Full Time) • Finance Director (Full Time) • Accountant (Full Time) • Utility Billing Clerk (Full Time) • Building Official (Full Time) • Building Inspector (Full Time) • Permit Technician (Full Time) • Planning Director (Full Time) • Planner (Full Time) • Code Enforcement Official (Full Time) • Fire Chief (Full Time) • Fire Inspector (Full Time) • Firefighters (Full Time) • Fire Department Administrative Assistant (Part Time) The process should recognize and incorporate the following elements: • Evaluating each position utilizing an up to date job description. (Most job descriptions have been kept fairly current though some need updating). • Compile and analyze highly market comparable communities or private sector businesses providing similar services along with other competitive data such as value and type of benefits. Preference is for the study to compare the City of Lake Elmo to eight to ten other communities or businesses with a minimum of five. “Highly market comparable” is to include factors such as population size, type of services provided, number of customers served and type of facilities managed, number of employees supervised, City or Department budget, complexity of operations or other such factors that can be reasonably compared. • Ensure regulatory compliance with State and Federal rules and regulations. • Evaluate the City's current pay system and report on its strengths and weaknesses. Recommendations for corrections within the existing compensation structure to achieve internal and external market equity OR provide the City of Lake Elmo with a proposal for new pay structure and pay plan to meet the goals of internal and external equity. • Create a transition and implementation plan to make recommended changes. • Provide necessary tools and information for staff and City Council to manage compensation plan going forward. 4 CONTENTS OF PROPOSAL DOCUMENTS. This Request for Proposals describes the information required from all Consultants and the criteria the City will use in making its decision. It also describes the requirements the successful Consultant will be required to conform with. Acceptable proposals must comply with the provisions under Section II: Elements of Proposal. 5 SUBMISSION OF PROPOSALS. All Consultants shall fully familiarize themselves with the City’s Request for Proposals. Consultants will be deemed to acknowledge their familiarity with the entire Request for Proposals packet by virtue of submitting a proposal. Written Addendum will be issued in response to appropriate written questions or requests for clarifications that seek to clarify any material Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 provision in the Proposal documents and are received on or before Monday, January 10, 2022. In no event shall a Consultant rely on any oral interpretation or representation of City staff in preparing their Proposal. 5.1 If proposals are sent by mail, it is the Consultant’s sole responsibility to assure that the City receives the Proposal by the date, time and at the location specified herein. 5.2 The City reserves the right to cancel this Request for Proposals or postpone the date and time for submitting proposals at any time prior to the submittal date and time. The City reserves the right prior to the date for submission of proposals to modify, in whole or part, any portion of this Request for Proposals. Each Consultant who has requested a copy of the Proposal documents shall be notified in writing of any modification to the Request for Proposals. This Request for Proposals does not obligate the City to enter into a contract for the work requested herein. Further, the City reserves the right to reject any and all proposals, to reissue a revised Request for Proposals and to waive any non-material informalities or irregularities in proposals. A non-material irregularly or informality is one where no Consultant will be prejudiced if an informality or irregularity is waived. The ability to waive an informality or irregularity lies solely with the City Council upon a finding by the City Council that the waiver will not materially prejudice any Consultant. 6 CONTACTS WITH MEMBERS OF THE CITY COUNCIL. The City Council desires to make a decision which is in the best interest of the City. In order to facilitate an objective decision and to protect the integrity of the process, no Consultant or individual on behalf of a Consultant shall contact any member of the City Council to discuss the Request for Proposals. 7 DATA PRACTICES ACT. Any Proposal submitted to the City is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 7.1 Data submitted by a business to a government entity in response to a Request for Proposals as defined in section16C.02, subdivision 11, are private or nonpublic until the proposals are opened. Once the proposals are opened, the name of the Consultant and the dollar amount specified in the response are read and become public. All other data in the Consultant’s response to a Proposal are private or nonpublic data until completion of the selection process. For purposes of this section, “completion of the selection process” means that the government entity has completed its evaluation and has ranked the responses. After a government entity has completed the selection process, all remaining data submitted to all Consultants are public with the exception of trade secret data as defined and classified in seciton13.37. A statement by a Consultant that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the Proposal. 7.2 If all responses to a request for proposals are rejected prior to completion of the selection process, all data, other than that made public at the Proposal opening, remain private or nonpublic until a re-solicitation of proposals results in completion of the selection process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the selection process, the data remain public. If a re-solicitation of proposals does not occur within one year of the Proposal opening date, the remaining data becomes public. 8 RIGHTS OF REVIEW. The City of Lake Elmo reserves the right to reject any or all quotes, to request additional information from any or all applicants or waive any informality in the bids, negotiate terms and conditions and select the consultant with the proposal that represents the best approach to Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 meet City needs. The City is not responsible for any costs incurred by the contractor in the preparations and submission of the proposal. 9 AFFIRMATIVE ACTION. The City of Lake Elmo requires affirmative action and, therefore, the contractor selected shall not discriminate under the contract against any person in accordance with federal, state, and local regulations. 10 CONTRACT EXECUTION. The contractor chosen will be required to enter into a contract with the City of Lake Elmo for the proposed work prior to commencement of any work. The contractor chosen will also be required to provide a certificate of insurance demonstrating compliance with the minimum insurance requirements. The information below is being provided as part of this request for proposals to give contractors an understanding of the City’s expectations with respect to contract execution. 10.1 Negotiations and Contract Execution. The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and contractor be unable to agree upon the entire contract, the City reserves the right to discontinue negotiations, select another contractor, or reject all of the proposals. Upon completion of negotiations agreeable to the City and the contractor, a contract shall be executed. 10.2 Contracting Ethics A. It is a breach of ethical standards for any person to offer, give, or agree to give any City of Lake Elmo employee or Council person, or for any City of Lake Elmo employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded the general public. B. The contractor shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. C. The contractor shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Lake Elmo. SECTION II. ELEMENTS OF PROPOSAL Section II of this Request for Proposals describes the information each Proposal must contain. The format of the Proposal must follow the numeric order set out below. Each Proposal must address the following: 1 EXPERIENCE. The Consultant should describe their experience compiling, reviewing, analyzing, developing, and presenting a job classification and compensation system that meets Federal and State classification, compensation and pay equity standards for governmental clients, together with the date of such contract, scope of work, and contract price. A Responsible Consultant is an individual or entity which has successfully managed and completed similar projects for Minnesota municipal or state agencies. Submitted Proposals shall propose a project manager for this project, project team members and include resumes of those individual’s qualifications. 2 PROJECT OUTLINE. Each Consultant shall include an outline demonstrating the strategy and timeline for completion of the project. The outline shall identify the process for accomplishing completion of each component of the project. Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 3 SUBMISSION OF PROPOSAL AND PROPOSAL CONTENT. Each Consultant shall submit an original and two copies of its Proposal in addition to an electronic copy. The proposal shall contain the following: General Requirements a) Letter of transmittal showing the consultants name, address, telephone number and date submitted. The title sheet shall be signed by an officer of the company indicating management’s approval and support of the Proposal. b) Name of project manager as required above. c) Qualifications and references as required above. d) Outline of Proposal demonstrating strategy for completion of the project as required above. Time-Cost Section e) Quote Sheet identifying proposed not-to-exceed project cost, including any and all labor, materials, fees, licenses, surcharges and sales tax during each of the following project components: * Compensation Policy * Position analysis * Position classification evaluation * Labor Market Employers Criteria & Selection * Compensation analysis – salaries * Compensation analysis - benefits * Classification & Compensation system structure * System presentation, implementation and training 4 ALL PROPOSALS MUST BE COMPLETE. Consultants must respond fully and completely to each requirement and request for information to be considered responsive to this Request for Proposal. Failure to provide information requested in this Request for Proposal shall deem the Proposal to be rejected from consideration and non-responsive. 5 INSURANCE. Consultant will be required to keep in force policies of insurance as indicated below. The Consultant shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved 5.1. PROFESSIONAL LIABILITY A. Limits (a) $500,000 each claim/$1,000,000 annual aggregate B. Must continue coverage for 2 years after final payment for service/job 5.2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (a) $1,000,000 general aggregate (b) $1,000,000 products - completed operations aggregate (c) $1,000,000 personal injury and advertising injury (d) $1,000,000 each occurrence limit B. Claims made form of coverage is not acceptable. C. Insurance must include: Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 (a) Premises and Operations Liability (b) Blanket Contractual Liability including coverage for the joint negligence of the City of Lake Elmo, its officers, council members, agents, employees, authorized volunteers and the named insured (c) Personal Injury (d) Explosion, Collapse and Underground Coverage (e) Products/Completed Operations (f) The general aggregate must apply separately to this project/location 5.3 BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 Combined Single Limit for Bodily Injury and Property Damage each accident B. Must cover liability for "Any Auto" - including Owned, Non-Owned and Hired Automobile Liability 5.4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY - If required by Minnesota State Statute or any Workers Compensation Statutes of a different state. Must carry coverage for Statutory Workers Compensation and Employers Liability limit of: $500,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease - Each Employee 5.5 ADDITIONAL PROVISIONS * Additional Insured - On the General Liability Coverage and Business Automobile Coverage. City of Lake Elmo, and its officers, council members, agents, employees, and authorized volunteers shall be Additional Insureds. * Endorsement - The Additional Insured Policy endorsement must accompany the Certificate of Insurance. * Certificates of Insurance - A copy of the Certificate of Insurance must be on file with the City Clerk. * Notice - NOTE: City of Lake Elmo requires 30 day written notice of cancellation, nonrenewal or material change in the insurance coverage. * The insurance coverage required must be provided by an insurance carrier with the "Best" rating of "A-VII" or better. All carriers shall be admitted carriers in the State of Minnesota. 6 QUALIFIED AND RESPONSIBLE CONSULTANT AND RESPONSIVE PROPOSAL. In order for a Proposal to be considered, the Consultant must be found to be a Qualified and Responsible Consultant and the Consultant’s Proposal must be found to be responsive to the Request for Proposals. The term “Qualified Consultant” means the Consultant has: a. Provided the same or similar services in a satisfactory manner. Same or similar services mean that the consultant has satisfactorily conducted similar evaluation and analysis of position classification and compensation systems of this type and magnitude for other governmental units. b. Demonstrated adequate managerial experience and capabilities of persons who will be responsible for project completion. c. Each Consultant must submit three (3) references. The references must be able to attest to the Consultants experience and capabilities. The Consultant shall provide the name, address and telephone number of each reference. If the Consultant is the lowest Consultant, the City will determine through the criteria set forth herein whether Consultant is a Responsible Consultant, Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 including references. d. Each Consultant will have met all of the terms and conditions of this Request for Proposals. SECTION III. SCOPE OF WORK The work to be completed includes providing professional services with integrative support services to develop a City compensation policy, update the City’s existing job classification system, analyze the City’s salary ranges to ensure continuing consistency with the market, and make a recommendation, if necessary, for implementation of any recommended changes. 1. The scope of work shall include, but not be limited to, the following work products in order to meet the project goals: • Evaluation of existing job descriptions, including recommendations to assure compliance with ADA, FLSA, pay equity legislation, and other State and Federal requirements; • Evaluation and analysis of each position to determine job value with recommendations for necessary revisions to achieve internal and external pay equity; • Provide a salary/labor market survey including: o Salary details. o Benefit details – holidays, annual leave, medical insurance, dental insurance, disability insurance, life insurance, deferred compensation, and any other benefits. o Analysis of “Total Compensation Package”. • Provide recommendations and options for a newly designed compensation system, if needed; • Provide a master salary structure while assuring compliance with State pay equity compensation standards; • Provide system testing to assure compliance with State and Federal Regulations; • Provide recommendations for a process for evaluating requests for reclassification and/or compensation changes; • Provide implementation support and maintenance training on the system; 2. Establish and provide concrete schedules for each of the components of the study; 3. Present findings and recommendations, including written and oral reports and policies at various meetings including City Council.; 4. Provide an itemized fee schedule for work included in the scope of work and a payment plan based on completion of each of the components of the study. 5. Any deviations from the RFP must be listed in the proposal Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 SECTION IV. QUOTE SHEET Consultant Hours Total Consultant Fees Cost of Materials, Fees, bonds, taxes, or Surcharges, if any TOTAL NOT-TO-EXCEED COSTS Identify any work not included in Total Cost, if any Compensation Policy Position Analysis Position Classification Evaluation Labor Market Employers Criteria and Selection Compensation Analysis - Salaries Compensation Analysis - Benefits Classification & Compensation System & Compliance Testing System Presentation, Implementation & Training TOTAL NOT TO EXCEED COST: ___________________ Proposal Submitted By ______________________________________ Date ____________ Signature Printed Name_____________________________________________ Company Name ____________________________________________ Request For Proposals Job Classification and Compensation Study City of Lake Elmo January 2022 ATTACHMENTS Organizational Chart Compensation Policy Job Descriptions City of Lake Elmo Compensation Policy _____________________________________________________________ Purpose: The City of Lake Elmo intends to establish, administer, maintain and regularly update an internal job evaluation hierarchy that is consistent with the Local Government Pay Equity Act. The city also intends to establish, administer, maintain and regularly update a pay structure that is appropriate to the breadth and depth of services being offered to and provided for the City and is also affordable within available resources. Finally, the city intends to maintain supplemental benefits (insurance, holiday/paid time off schedules, etc) that are competitive and also affordable within available resources. This policy establishes the guidelines for all non-represented city positions with the exception of elected officials, temporary or seasonal positions and paid on call firefighters. Compensation for seasonal or temporary employees and paid on call firefighters will be set by the City Council at the time of hire, or on an annual basis. This policy is directed at three primary goals:  To attract and retain qualified and responsible personnel for the positions covered under this policy;  To create and maintain internal equity between positions compliant with the Minnesota Local Government Pay Equity Act and all other applicable local, State and Federal laws and regulations; and  To do so efficiently and effectively thereby being fiscally responsible to the interests of the taxpayer. Compensation Structure: Compensation is based on wage/salary grades and steps within the salary grade. For any position subject to this policy, compensation must be assigned using a ten-step grid within each salary grade, with an increase of 30% from the minimum to the maximum step. In determining or evaluating compensation levels, the City Administrator must maintain a schedule of comparative compensation amounts for all positions covered under the policy. The City Council will determine the appropriate market to be used in developing this schedule and in supplemental compensation reviews. A new employee must be hired at the pay grade minimum whenever possible. The City Administrator or appropriate department head may recommend the new employee be hired at a rate above the minimum of the pay grade for his/her classification based upon qualifications and experience, subject to approval by the City Council. A probationary employee may advance to the next pay step after satisfactorily completing six months of employment which meets performance expectations, subject to approval of the City Council. Subject to Council approval, every year thereafter, on or about July 1st, an employee may advance to the next pay step after satisfactorily completing another year of employment which meets the performance expectations until he or she reaches the grade maximum. Determination of satisfactory performance must be recommended by the immediate supervisor on forms prescribed by the City Administrator. Employees above the grade maximum will not receive an increase until the step plan catches up to their wage. Exceptions may be made on a case by case basis. Actions Taken to Review, Update and Maintain the Plan: Elements of the plan will be reviewed annually to determine the degree to which it remains consistent with the city’s total compensation philosophy. Actions to be taken may include: 1. Review, verification, and any required updating of job descriptions for all positions covered by this policy. 2. Review, verification and any required updating of job evaluations on all positions covered by this policy, following established reclassification policies and procedures. 3. Review, verification and consideration of current market survey data collected from the cities selected for comparison, ensuring that there are no questionable data that may give an incorrect pattern of pay for one or more positions. 4. Review and consideration of appropriate changes to the established base pay structure based on patterns of current market survey data, ensuring that there will be continuing integrity in administration of the current or revised pay structure. 5. Review and consideration of changes to the city’s supplemental benefits covering paid time off. 6. Review and consideration of required and/or appropriate changes to the written description of the plan. The pay grades and rates established by this policy must be annually confirmed by the City Council through adoption of the budget and resolution establishing the grades and steps for each job classification. General Provisions: Nothing within this policy is a guarantee of employment and compensation, and nothing is to be construed as a commitment to continue the City of Lake Elmo Compensation Policy for more than one calendar year at a time. All components of this policy are set forth as guidelines to assist in establishing appropriate compensation. The provisions of this policy supersede all other compensation considerations. Compensation schedules will be maintained and updated as appendices to this policy in accordance with policy provisions. Appendix I: Position Grades Appendix II: Range and Step Plan 7 16 17 7 16 9 11 11 16 20 11 11 7 16 8 13 8 14 7 City Clerk City Planner Deputy Clerk Fire Chief Fire Dept Admin Asst Fire Inspector Finance Director Permit Technician Planning Director Public works Director Utility Billing Clerk Firefighter Code Enforcement Officer Building Inspector Building Official City Administator POSITION GRADE ASSIGNMENT TITLE GRADE Accountant Assistant City Admin Assistant Public Works Director Point MinPoint MaxGradeMin2 3 4 5 6 7 8 9 Max1130 13915.64$ 16.17$ 16.69$ 17.20$ 17.73$ 18.26$ 18.77$ 19.30$ 19.82$ 20.35$ 2140 15116.70$ 17.27$ 17.81$ 18.37$ 18.93$ 19.48$ 20.05$ 20.60$ 21.16$ 21.72$ 3152 16317.82$ 18.43$ 19.02$ 19.62$ 20.21$ 20.81$ 21.39$ 21.99$ 22.58$ 23.18$ 4164 17619.03$ 19.67$ 20.30$ 20.94$ 21.58$ 22.20$ 22.85$ 23.48$ 24.11$ 24.74$ 5177 19020.31$ 20.99$ 21.67$ 22.35$ 23.02$ 23.70$ 24.39$ 25.06$ 25.74$ 26.41$ 6191 20521.69$ 22.41$ 23.14$ 23.87$ 24.57$ 25.30$ 26.03$ 26.75$ 27.48$ 28.20$ 7206 22223.15$ 23.93$ 24.70$ 25.47$ 26.24$ 27.01$ 27.79$ 28.56$ 29.33$ 30.10$ 8223 24024.72$ 25.55$ 26.37$ 27.19$ 28.01$ 28.84$ 29.67$ 30.49$ 31.31$ 32.14$ 9241 25926.39$ 27.26$ 28.15$ 29.03$ 29.90$ 30.78$ 31.66$ 32.54$ 33.41$ 34.31$ 10260 28028.17$ 29.10$ 30.05$ 30.99$ 31.92$ 32.87$ 33.79$ 34.74$ 35.68$ 36.62$ 11281 30230.07$ 31.07$ 32.07$ 33.07$ 34.08$ 35.08$ 36.08$ 37.08$ 38.09$ 39.09$ 12303 32632.10$ 33.17$ 34.24$ 35.30$ 36.38$ 37.45$ 38.51$ 39.58$ 40.66$ 41.72$ 13327 35334.26$ 35.40$ 36.55$ 37.69$ 38.82$ 39.97$ 41.11$ 42.25$ 43.40$ 44.54$ 14354 38136.57$ 37.80$ 39.01$ 40.24$ 41.45$ 42.67$ 43.89$ 45.12$ 46.33$ 47.55$ 15382 41139.05$ 40.34$ 41.65$ 42.95$ 44.25$ 45.55$ 46.85$ 48.15$ 49.46$ 50.75$ 16412 44441.68$ 43.06$ 44.46$ 45.85$ 47.24$ 48.63$ 50.01$ 51.41$ 52.79$ 54.18$ 17445 48044.18$ 45.66$ 47.14$ 48.59$ 50.07$ 51.54$ 53.02$ 54.50$ 55.97$ 57.43$ 18481 51846.83$ 48.39$ 49.95$ 51.51$ 53.07$ 54.63$ 56.20$ 57.76$ 59.32$ 60.88$ 19519 56049.65$ 51.29$ 52.96$ 54.60$ 56.26$ 57.93$ 59.57$ 61.23$ 62.87$ 64.54$ 20561 60552.62$ 54.37$ 56.13$ 57.88$ 59.63$ 61.40$ 63.15$ 64.91$ 66.65$ 68.41$ Evaluation PointsRange Steps City of Lake Elmo Job Title: City Administrator Department: Administration Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Council Supervisory Duties: This position supervises all department heads. Position Details: The City Administrator is responsible for planning and directing the administration of City functions as delegated by the Council to ensure efficient municipal services and development in alignment with the City Council’s objectives, City ordinances and state law. The Administrator advises the Council on policy decisions, policy impact and represents the interest of the City in manners before other governmental agencies as delegated by the City Council. City Council:  Uses knowledge of the scope of services provided by local government and personal leadership skills to communicate with the City Council individually and in meetings to develop priorities for new and existing activities of the City  Educates the City Council about City services and presents optional approaches for improvement of delivery of services for residents  Coordinates work of the City’s appointed consultants  Stays abreast of the developments in public administration and related fields  Seeks to identify common ground among competing interests and facilitate a productive working relationship between Council and staff  Takes leadership role in projects involving initiatives approved by City Council  Attends and provides material/packets and information as needed to various committees and commissions Budget:  Supervises all purchases made by the City in accordance with City Council approved purchasing policy  Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants and other sources  Keep the Council advised to future needs of the City with a 5-year Capital Improvement Plan  Supervises and manages the preparation and administration of the annual budget Human Resources:  Responsible for implementation of city personnel policies with the authority to effectively recommend employment, discipline and removal of city employees  Prepares and updates job descriptions for employees  Under authority granted by the City Council directs hiring of qualified staff, and administration of human resource functions, involving department heads as appropriate  Directly supervises the City Clerk and collateral staff to ensure proper maintenance of all official accounting records so they conform to generally accepted government accounting principles and provide an accurate and current statement of the City financial condition. Communications:  Represents the City in front of the public, news media and government agencies in a manner that conveys a positive image of city government and that fosters cooperation and support  Seeks cooperation from others in the form of actions, grants or other desired outcomes by framing requests in a concise and favorable manner  Builds working relationships with elected and appointed officials at the federal, state, county and regional level to advocate for the best interest of the City  Provides timely responses to residents on issues in a professional manner Supervisory Responsibilities:  Carries out supervisory duties in accordance with the City’s policies and applicable laws  Responsible for training, planning, assigning and directing work  Responsible for evaluating performance, rewarding employees, disciplining employees  Responsible for responding to grievances, addressing complaints and addressing problems of employees While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates a working knowledge of management of the City’s legal documents  Demonstrates a working knowledge of finance and budgeting methods, reporting and practices  Demonstrates a working knowledge of advanced office practices, procedures, equipment and Microsoft Office  Commitment to exceptional customer service and positive attitude  Demonstrates a team player approach and high level of professionalism in assisting staff  Demonstrates initiative in process improvement opportunities  Ability to maintain effective and positive working relationships with staff and the public Education: A Bachelor’s degree in public administration, urban studies or related field Requirements: Minimum of three years’ experience working in local government. Specific requirements for this job include: • Valid MN Driver’s License Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications:  Master’s Degree in public administration, urban studies or related field  Previous experience in a full-service municipal or government setting with public utilities  Knowledge of planning and zoning and economic development  Knowledge of records management and MN data practices  Experience in the fundamentals of finance and budgeting  Initiative to look for continual improvement opportunities  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Master’s degree in public administration, urban studies or related field Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. Attendance at evening Council meetings and related meetings is required. The City Administrator is responsible for diverse matters, many of which have deadlines and require significant attention to detail. Approximately 25% of the time, work is performed at the highest level of detail and pressure of deadlines. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in a normal office environment. The Administrator may be the person to whom a complaint is delivered by a citizen or referred by an employee and work may involve dealing with and calming individuals who are emotionally charged over an issue. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Assistant City Administrator Department: Administration Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: Cable Casting staff Position Details: This position performs a wide variety of administrative responsibilities and interacts routinely with the public and other agencies. This position assists primarily in the areas of Human Resources, Communications, and General Administration. With the wide variety of work, this position works with all departments to carry out the work of the City. Human Resources:  Manage recruitment process for all departments. Assemble employment application information, post and publish advertisements, assist in development of selection procedures, assist in evaluating qualifications of candidates, develop interview questions, and participate in interviews as requested.  Evaluate and administer benefit programs, including health, dental, life, long- term disability, and supplemental insurance plans. Manage employee health coverage enrollment and termination.  Prepare and process routine payroll and benefit forms. Maintain confidential employee personnel files. Research and respond to employee inquiries, employment verifications, and draft routine correspondence.  Perform and coordinate employee orientation and training.  Coordinate drug and medical testing.  Comply with all federal and state reporting standards (Worker’s Compensation, COBRA, HIPAA, etc.).  Communicate policies and procedures as adopted by the City Council to employees in written and verbal format.  Participates in union negotiations  Coordinate and research all personnel issues necessary to properly administer municipal employment.  Assist with pay plan administration, pay equity, and job analysis.  Participate in the development of operations policies, practices, procedures, and recommendations to the City Administrator and City Council.  Assist in development and oversight of wellness programs.  Assist with Data Practices policy development and implementation.  Facilitate the city’s Human Resources Committee including but not limited to agenda preparation, research, committee minutes, etc. Communications:  Assist and serve as an online editor of the City’s social media profiles and website.  Write, edit, proofread, and approve content to be posted on www.lakeelmo.org.  Review, propose, manage, and coordinate with the City Administrator new and improved website enhancements.  Monitor communication efforts and user trends in the organization.  Assist all departments in public involvement and education by identifying target areas and means of communication.  Assist with the City’s public information programs, using all of the City’s tools.  Write, edit, proofread, and coordinate publication of the City’s newsletters both electronically and in print  Assist with internal communication initiatives.  Work with other agencies from time to time on communication programs.  Manage and schedule cable casting staff  Responds to data request inquiries  Establish and maintain effective relationships with other organizations, associations, businesses, and departments. General Administration:  Communicate and recommend measures to improve operations and employee performance both within the department and the organization as a whole.  Coordinate contract management for the City on general contracts (including but not limited to: prosecution contract, law enforcement contract, cellular antenna contracts, etc.)  Oversee the City’s general liability and workers compensation insurance programs.  Facilitate the city’s Environmental Committee including but not limited to agenda preparation, research, committee minutes, etc.  Assist with the maintenance of the City’s records management system.  Serve as liaison with state, county, and local officials to exchange information and coordinate activities associated with this position. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Knowledge of federal and state statutes, city codes, and other requirements affecting municipal government operations.  Thorough knowledge in the areas of public sector personnel/human resources administration, principles, practices, and techniques including legal requirements.  Write clear and interesting articles, stories, social media posts, and other education and promotional material.  Considerable ability to interpret policy decisions and guidelines and to develop practical solutions and programs.  Considerable ability to resolve conflicts and negotiate solutions.  Considerable ability to maintain confidential or proprietary information within the bounds of the law.  Skill in analyzing facts, organizational procedures, and operational considerations.  Ability to work independently, determine priorities, work collaboratively, and make appropriate decisions.  Demonstrates a working knowledge of records management and MN data practices  Demonstrates a working knowledge of advanced office practices, procedures, equipment and Microsoft Office  Commitment to exceptional customer service and positive attitude  Demonstrates a team player approach and high level of professionalism in assisting staff  Demonstrates initiative in process improvement opportunities  Ability to perform successfully with minimal supervision  Ability to maintain effective and positive working relationships with staff and the public Education: Bachelor’s Degree in public administration, business administration, human resources or related field. Requirements: Minimum of three years’ experience working in local government. Specific requirements for this job include: • Valid MN Driver’s License Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products • Desktop Publishing Desired Qualifications:  Master’s degree in public administration, business administration, human resources or related field.  Five years practical experience in personnel administration, business administration or local government  Knowledge of records management and MN data practices  Experience in the fundamentals of human resources  Initiative to look for continual improvement opportunities  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the general public, outside contacts and constituencies. City of Lake Elmo Job Title: City Clerk Department: Administration Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position supervises Deputy Clerk, administrative assistants, and interns Position Details: The City Clerk performs moderate to complex technical duties and responsibilities of the City Clerk under the direction of the City Administrator. This position is responsible for all statutory functions and legal requirements of the Office of City Clerk; serves as Clerk to the City Council; responsible for state and local elections, municipal licensing, records management, public notices, and serves as the City’s Data Practices Responsible Authority. This position serves as Deputy Treasurer for the City and provides administration support to the City Administrator. A primary function of this position is to develop and maintain positive relationships with staff, council, citizens, and other groups and agencies. Clerk Duties:  Responsible for processing accounts payable  Responsible for Department filing and reporting  Coordinate with Departments to ensure vouchers are properly coded and approved for payment  Serves as Clerk to City Council: coordinates the recording of all meetings and official proceedings; supervises the preparation of minutes and other important documents of the City Council. Signs deeds, agreements and other official documents on behalf of the City Election:  Accept affidavits of filing of city council candidates  Obtain judges and supervise polls, preparation/posting/printing of notices/ballets/results.  Preparation of canvassing of board report of election results  Responsible for reporting results to County  Coordinate and supervise any special joint election between the school district and City  Stay abreast of any state election law change  Organizes and administers absentee voting Record Keeping:  Oversees the preparation and distribution of City Council packets and agendas  Attends all City Council meetings  Directs and manages official recordkeeping and notification requirements for the City, ensuring that all notices, ordinances, resolutions and other documents are posted, recorded, and published in accordance to law  Develops and administers a comprehensive records management system  Coordinate with American Legal for updating and maintaining the City’s online City Code Communications:  Back up for updates to the City’s website, Facebook and weekly email newsletter  Back up for front desk coverage  Back up for phones when busy to assist callers with setting up building inspections and other building department inquiries  Coordinate with vendors for the repair and replacement of current equipment (computers, laptops, tablets, desk phones, cell phones and copiers)  Responds to data request inquiries Finance:  Responsible for City licensing of liquor, animals, massage therapy, waste haulers, etc. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates a working knowledge in public elections  Demonstrates a working knowledge of records management and MN data practices  Demonstrates a working knowledge of management of the City’s legal documents  Demonstrates a working knowledge of finance and budgeting methods, reporting and practices  Demonstrates a working knowledge of advanced office practices, procedures, equipment and Microsoft Office  Commitment to exceptional customer service and positive attitude  Demonstrates a team player approach and high level of professionalism in assisting staff  Demonstrates initiative in process improvement opportunities  Ability to perform successfully with minimal supervision  Ability to maintain effective and positive working relationships with staff and the public Education: two-year degree or associates degree in business, accounting, public administration, urban and regional studies or related field Requirements: Minimum of five years’ experience working in local government or an equivalent of work experience and education. Specific requirements for this job include: • Minnesota Municipal Clerks Certification or the ability to acquire it within three years of employment • Valid MN Driver’s License Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications:  Previous experience as a Municipal Clerk  Knowledge of principles and practices of local government  Knowledge of records management and MN data practices  Knowledge and experience in the public elections process  Experience in the fundamentals of finance and budgeting  Initiative to look for continual improvement opportunities  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Four-year degree in business, public administration, management or accounting Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the general public, outside contacts and constituencies. City of Lake Elmo Job Title: Deputy Clerk Department: Administration Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Clerk Supervisory Duties: This position has no supervision responsibilities Position Details: The Deputy Clerk performs various types of skills including front office customer service, support the Administration Department, support City Clerk and other duties as assigned. Performs statutory clerk duties in the absence of the City Clerk. Customer Service:  Fields all incoming phone calls  Greets and assists visitors at front counter  Provides general assistance to the public  Receives, distributes and handles incoming and outgoing mail  Schedules park reservations, conference rooms and council chambers  Issues and tracks licensing programs Administrative Support:  Responsible for opening and closing of City Hall  Assists with administrative mailings, publications, management of social media and community communications  Assists with records management and data practices requests  Assists with elections and serves as an election judge  Assists with the preparation and distribution of Council and Parks Commission packets  Responsible for minute taking for the Parks Commission  Assists with scheduling building inspections  Assist with Right of Way permits  Assist with alcohol, tobacco, dog and other city licenses Financial Support:  Responsible for ordering offices supplies and maintaining inventory  Assists with utility billing inquiries and mailings  Responsible for preparation of bank deposits  Responsible for petty cash reconciliation While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Commitment to exceptional customer service and positive attitude  Demonstrate poise, tact, and diplomacy with strong focus on delivering superior customer service to internal and external customers  Demonstrate a working knowledge of Microsoft Office software and office equipment  Demonstrate initiative in process improvement opportunities  Strong attention to detail in reporting, accounting, and official city record keeping  Ability to maintain effective and positive working relationships with associates and the public  Possess excellent written and verbal communications skills  Possess excellent phone etiquette, with the ability to relate effectively with diverse individuals  Ability and willingness to work in a fast-paced environment While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Education: High School Diploma or GED Requirements: Minimum of five years’ experience working in local government or an equivalent of work experience and education. Desired Qualifications:  Knowledge of principles and practices of local government  Knowledge or experience in permitting and licensing  Advanced computer software knowledge  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Knowledge of City and State regulations related to building, housing and zoning Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the general public, outside contacts and constituencies. City of Lake Elmo Job Title: Finance Director Department: Finance Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position is responsible for supervising Accountant and Finance Intern Position Details: This position is responsible to plan, develop, and oversee the City financial functions to provide efficient, effective, and accurate reporting. This includes the oversight and coordination in the preparation of the Comprehensive Annual Financial Report and the annual audit. This position is responsible for the investment and reconciliation of all the City funds and making required bond payments and the bond funding recommendations as needed. This position is also responsible for the coordination of the annual budget and CIP reports. This position provides clear communication and technical support to the City Council, Finance Committee, and City Administrator through reports and presentations. Accounting/Budgeting: Supervises all accounting functions, including cash records, control, receivables, payables, subsidiary reports and invoices Performs cash flow analysis and supervises bank transactions Prepares and distributes monthly financial statements Reviews purchase orders and disbursement requests for compliance with City budget Maintains financial ledgers, journals, and subsidiary reports Conducts analysis of project financing and refinances, and is responsible for preparation and implementation of financing and refinancing Supervises the operations and maintenance of computerized accounting system Prepares and manages Finance Department budget Responsible for financial projections and budget estimates as required Maintains the safety of invested funds while maximizing returns on investment in compliance with investment policies and guidelines Ensure proper preparation of all withholding reports and deposits, and all monthly and quarterly reports required by law Anticipates City cash and liquidity needs and invests funds to provide necessary cash flow Utility Billing: Ensures the proper preparation for utility billing and maintenance of computerized utility billing systems Prepares assessments for the County Employee Relations:  Responsible for performance of risk management  Ensures proper preparation of payroll disbursements for all City employees and maintenance of employee records  Oversees maintenance of computerized payroll system Supervisory Responsibilities:  Establishes and maintains policies and procedures for the Department  Carries out supervisory duties in accordance with the City’s policies and applicable laws  Responsible for training, planning, assigning and directing work  Responsible for evaluating performance, rewarding employees, disciplining employees  Responsible for responding to grievances, addressing complaints and addressing problems of employees While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates ability to prioritize tasks, solve problems and meet deadlines  Works well with internal staff and provides them with accurate and timely financial reports and problem resolution when appropriate  Makes minimal errors completing recurring entries, bank reconciliations, monthly billings, calculations, subsidiary spreadsheets, accounts payable and payroll processing  Ability to perform with minimal supervision  Contributes to the team effort and positive image of the Department by consistently providing a high level of support to internal and external customers  Promptly resolves accounting problems in a constructive and well-documented manner  Maintain internal and external relationships via in-person, phone, or e-mail with residents, vendors, auditors, staff, realty agents and bank professionals Education: four-year degree in Accounting, Finance, Business Administration or related field Requirements: Minimum of five years’ experience related field and experience in municipal finance management and municipal accounting Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications:  CPA  Supervisory experience Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Accountant Department: Finance Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Finance Director Supervisory Duties: This position has no supervisory duties. Position Details: To perform a variety of accounting functions including accounts payable, payroll, account reconciliations, annual budget preparation, year-end audit preparation, and other duties as assigned. This position provides back up to the Utility Billing Clerk as needed. Accounts Payable:  Responsible for processing accounts payable  Responsible for Department filing and reporting  Coordinate with Departments to ensure vouchers are properly coded and approved for payment Payroll:  Responsible for processing payroll and all state and federal related reporting  General knowledge of benefits and new hire requirements  Responsible for gathering of timesheets, data entry of time, and issuance of electronic transfers to employees Annual Financial Preparation:  Assist with year-end audit schedules and preparation  Assist with budget preparation  Complete monthly reconciliation of Developer Escrow While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates ability to prioritize tasks, solve problems and meet deadlines  Works well with internal staff and provides them with accurate and timely financial reports and problem resolution when appropriate  Makes minimal errors completing recurring entries, bank reconciliations, monthly billings, calculations, subsidiary spreadsheets, accounts payable and payroll processing  Ability to perform with minimal supervision  Contributes to the team effort and positive image of the Department by consistently providing a high level of support to internal and external customers  Promptly resolves accounting problems in a constructive and well-documented manner  Maintain internal and external relationships via in-person, phone, or e-mail with residents, vendors, auditors, staff, realty agents and bank professionals Education: four-year degree in business, liberal arts, or accounting Requirements: Minimum of two years’ experience in payroll, accounts payable and general ledger experience Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications:  Education and experience in accounting and finance  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Knowledge of principles and practices of local government  Advanced computer software experience and proficiency in Word, Xcel and other financial software packages Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Utility Billing Clerk Department: Finance Status: Full-Time Regular Position Benefits: Qualifies for Full Time Benefits Reporting Relationship: Reports to Finance Director Supervisory Duties: This position has no supervisory duties. Position Details: The Utility Clerk is responsible for clerical and accounting work performed in the municipal utilities portion of the Finance Department. This position is responsible for assisting with maintenance of the city's utility billing records and accounts, cash receipting and customer service. Provides back up to the Accountant as needed Utility Billing:  Provide customer service on-site, front counter, e-mail inquiries and phone calls  Responsible for utility billing processing: including processing bills, payments and adjustments as needed  Collects and enters data, prepares invoices and billing reports; posts transactions; processes meter deposits and refunds; processes work orders for connections or disconnections; performs related other public works services as requested; mails bills; processes rebates  Pursues collection of delinquent utility accounts; prepares final notices, shut-off and turn-on orders; researches accounts  Assist new customers in account set-up and changeovers, including online billing system  Complete assessment and utility search inquiries  Assist the Finance Director in preparing the annual assessment report for the County  Working with Public Works as new meters are set-up and meters are shut off  Composes correspondence, documents and reports when required or requested. Annual Financial Preparation:  Assist with year-end audit schedules and preparation  Assist with budget preparation While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates ability to prioritize tasks, solve problems and meet deadlines  Works well with internal staff and provides them with accurate and timely financial reports and problem resolution when appropriate  Makes minimal errors completing recurring entries, utility billings, calculations, subsidiary spreadsheets, etc  Ability to perform with minimal supervision  Contributes to the team effort and positive image of the Department by consistently providing a high level of support to internal and external customers  Promptly resolves accounting problems in a constructive and well-documented manner  Maintain internal and external relationships via in-person, phone, or e-mail with residents, vendors, auditors, staff, realty agents and bank professionals Education: High School Diploma or equivalent Requirements:  Two (2) years of bookkeeping, accounting, and/or general office experience.  Considerable experience with providing customer service and interacting with the general public. Process basic computers skills, including a good knowledge of and experience using:  E-mail and Microsoft Outlook  Web Browsing  Basic Computer Mapping (Google Maps, Bing)  Adobe PDF Viewer  Microsoft Office Products Desired Qualifications:  Education and experience in accounting and finance  Ability to exercise independent judgement and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Previous government experience; Knowledge of principles and practices of local government  Advanced computer software experience and proficiency in Word, Xcel and other financial software packages such as Banyan and Springbrook Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. The individual may encounter unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in an office setting Competencies Common to All City Positions:  Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures  Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff  Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible  Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities  Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Building Official Department: Building Department Status: Full-time regular position, Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position supervises the Building Department staff. This position is responsible for the overall direction, coordination, and evaluation of associated functions. This position carries out supervisory responsibilities in accordance with policies, procedures, and applicable laws of the City. This position serves as the building Code Official and the Fire Code Official for the City. Position Details: The Building Official manages the Building Inspection Department to help promote quality construction and high standards of design throughout the City. This includes the administration and enforcement of building codes, and implementation of property maintenance codes within the City. This position is responsible for planning, developing, and implementing optimum service levels in all phases of building and fire inspections, suppression and alarm systems, City code enforcement and designated environmental health services. Fiscal Responsibilities:  Determine, propose and administer annual operating budget for the Department  Forecast workload, staffing needs, support services need and all associated expenses  Provide accurate findings to justify budget proposal expenditures  Oversees and participate in the creation of complete and accurate documentation and maintains all department files and records  Ensures that Department reports are accurate Property Maintenance and City Zoning Ordinances and Regulations:  Administer and enforce the City’s property maintenance code  Respond to building project needs, setbacks and encroachments, and customer inquiries on development of land  Respond to complaints and establish enforcement actions as necessary to gain compliance with City ordinances and regulations  Attend Development Review City Council and Planning Commission meetings as needed to provide input on building code and zoning ordinance  Keep abreast of innovations and developments in the construction industry and how changes in materials and construction practices relate to code requirements Building and Fire Code Official:  Responsible for administration and enforcement of the State Fire Code including Fire Suppression plan review and inspections, Fire Alarm Systems plan review and inspections, Clean Agent systems and Special Fire Suppression System plan review and inspection, hazardous material permitting and review  Maintain proficiency and knowledge of National Fire Protection Association, family of Standards, ANSI Engineering and Best Practices Standards, and Federal laws  Performs facilities management functions as related to City Hall and City buildings Supervision:  Establish and maintain policies and procedures for the Department including record keeping, inspection scheduling, fee collection and enforcement  Ensure accurate and timely workload production including plan review, field inspections, record keeping, permit review and issue, customer service and working with stakeholders Manage and Perform Plan Reviews:  Establish and maintain performance through leadership and best management practices for all structural plan review, field inspections and customer service levels  Provide direction and liaison to other departments, developers and contractors regarding code issues, infrastructure installation and inspection, public safety concerns and planning issues  Communicate with architects, engineers, contractors, and property owners to interpret and clarify code requirements  Authorize and ensure issuance of various permits as required by the City  Issue Certificates of Occupancy that verifies with other staff that all site and development requirements have been met prior to issuance While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Skills in mediation, complaint resolution and problem solving.  Team player with the ability to collaborate and implement effective customer service.  Strong initiative to improve processes and productivity.  Ability to effectively use a computer and various software programs, including software for tracking building inspections and permitting activity.  Ability to maintain a positive and effective working relationship with council, commissions, businesses, designers, contractors, residents and staff.  Ability to communicate effectively, both orally and in writing.  Thorough knowledge and understanding of the pertinent state and local codes and licensing requirements applicable to the City of Lake Elmo and the legal aspects of code administration.  Ability to read and interpret plans, specifications, engineering and architectural project drawings, and electronic documents accurately and to compare them with construction in progress.  Ability to enforce codes and ordinances firmly, tactfully and impartially and deal with difficult situations.  Understanding and experience working with best management practices for construction activity.  Develop and maintain effective working relationships with other City departments, Administration, Public Works, Fire, Planning, Engineering, etc.  Ability to physically move about all areas of construction properties to carry out duties.  Ability to manage multiple projects and meet deadlines working in a fast-paced environment. Education: Bachelor degree in related field, or may substitute years of experience for degree Requirements: Minimum of five years’ experience in construction or related field in the public sector. Without a Bachelor’s Degree 9 years of experience needed. Must possess the following: • Valid MN Driver’s License Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications: Expertise in plumbing, electrical and/or HVAC Licenses/Cerfications: This position will require the acquisition and maintenance of the following additional certificates/licenses: • State Certification as State Building Official • ICC Certification as plans examiner or building official or ability to obtain within 1 year of hire date Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Building Inspector Department: Building Department Status: Full-time regular position, Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Building Official Supervisory Duties: This position has no supervisory duties. Position Details: The Building Inspector helps to promote quality construction and high standards of design throughout the City. This includes the administration and enforcement of building codes, City Zoning Ordinance enforcement, and implementation of property maintenance codes within the City. Property Maintenance and City Zoning Ordinances and Regulations:  Administer and enforce the City’s property maintenance code  Respond to building project needs, setbacks and encroachments, variances and customer inquiries on development of land  Respond to complaints and establish enforcement actions as necessary to gain compliance with City ordinances and regulations  Keep abreast of innovations and developments in the construction industry and how changes in materials and construction practices relate to code requirements  Responsible for keeping the Building Official informed of issues and proactively work through solutions Building and City Code:  Perform plan reviews and building inspections on all types of structures (commercial, residential and industrial) to ensure that they meet the MSBC and the City Municipal Code  Communicate with architects, engineers, contractors and property owners to interpret and clarify code requirements  Maintain record of erosion control violations and coordinate the City’s enforcement of erosion control requirements for new construction  Verify that site construction activity is in conformance to approved plans, coordinate City action to bring non-compliant sites into compliance  Ensure complaints involving building codes, related ordinances and nuisance investigations are addressed  Provide written documentation of findings and record keeping Customer Service:  Provide customer service on-site, front counter, e-mail inquiries and phone calls  Receive and issue permits  Issue violation notices and stop-work orders until building is compliant  Provide filed inspections of building plumbing, mechanical, fire, utility and accessibility  Monitor construction sites to ensure overall compliance  Review and approve commercial, industrial, and residential building plans While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Skills in mediation, complaint resolution and problem solving  Team player with the ability to collaborate and implement effective customer service  Strong initiative to improve processes and productivity  Ability to effectively use a computer and various software programs, including software for tracking building inspections and permitting activity  Ability to maintain a positive and effective working relationship with council, commissions, businesses, designers, contractors, residents and staff  Ability to communicate effectively, both orally and in writing  Thorough knowledge and understanding of the pertinent state and local codes and licensing requirements applicable to the City of Lake Elmo and the legal aspects of code administration  Ability to read and interpret plans, specifications, engineering and architectural project drawings, and electronic documents accurately and to compare them with construction in progress  Ability to enforce codes and ordinances firmly, tactfully and impartially and deal with difficult situations  Understanding and experience working with best management practices for construction activity  Develop and maintain effective working relationships with other City departments, Administration, Public Works, Fire, Planning, Engineering, etc.  Ability to physically move about all areas of construction properties to carry out duties  Ability to manage multiple projects and meet deadlines working in a fast-paced environment  Ability to manage internal and external relationships with residents, contractors, developers, engineers, and planning staff via in-person, phone or e-mail on a regular basis Education: two-year degree in construction or related field Requirements: Minimum of three years’ experience in construction or related field in the public sector. Must possess the following: • Valid MN Driver’s License Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Microsoft Office Products Desired Qualifications:  Expertise in plumbing, electrical and/or HVAC  Experience with inspections, property maintenance, sign permits and/or planning and zoning in the public sector  Certification from ICC in fire and or building inspections  Two years’ experience in building inspections  Certified Building Official in the State of Minnesota or ability to obtain within 2 years of hire date Licenses/Cerfications: This position will require the acquisition and maintenance of the following additional certificates/licenses: • State Certification as State Building Official or ability to obtain within 2 years of hire date • ICC Certification as plans examiner or building official or ability to obtain within 1 year of hire date Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Permit Technician Department: Planning Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Building Official Supervisory Duties: This position does not formally supervise. Position Details: This position provides a variety of clerical and program support functions including land owner request assistance, document processing, meeting packet assembly, mailing and record maintenance and file management. This position also works with GIS, provides data entry support, general research and other duties to assist the department. Data Entry: Responsible for the orderly filing (preferably electronically) of all land use, subdivision, and development files and will aid as necessary to provide for the proper maintenance of property / land use files for the City Ensures building permit and planning/zoning applications are properly received, dated, logged, and distributed while working in conjunction with the front office staff on the intake of permits. Reviews permit application submittals for completeness and assigns fees per City policies Enters data into permit software system and updates parcel database and other records as necessary, including routing of new and changing addresses; tracks permit status and compliance with conditional approvals Project Management: Principal project assistant to Planning Director as needed in the areas of word processing, data assembly, meeting packet assembly, and other clerical duties associated with the Planning Commission and affiliated committees / work groups Responsible for principal clerical and program support for the Planning & Building Department. Duties include assisting the Planning Director, City Planner, and Building Official in all matters concerning zoning, planning, land use, and permits Customer Service: Responsible for answering basic questions about the Zoning Code and its effects on land use Assembles information for conditional use permits, variances, rezoning, ordinanceamendments, lot splits, subdivisions, and other land use requests for commercial and residential properties Functional back-up for the Deputy Clerk. Duties include answering phones, scheduling of inspections, issuing permits and serving taxpayers at the front when the receptionist is engaged in other duties. Responsible for answering the phone to insure expedient and efficient service to phone callers  Functional back-up for the front desk in the areas of receipting, permit fee processing, and other front desk financial transaction activity  Fields incoming phone calls for Planning and Building Department  Serves as back-up to greet and assist visitors at front counter  Provides general assistance to the public Administrative Support:  Assists with the preparation and distribution of Planning Commission packets  Assists with scheduling building inspections Position Requirements Knowledge, Skills and Abilities:  Demonstrates ability to prioritize tasks, solve problems and meet deadlines.  Works well with internal staff and provides them with accurate and timely financial reports and problem resolution where appropriate.  Makes minimal errors in repetitive duties and is accurate/precise in the handling of files and other planning documents;  Promptly resolves customer / taxpayer issues in a constructive and well-documented manner.  Contributes to the team effort and positive image of the City by consistently providing a high level of to internal and external customers.  Ability to perform successfully with minimal supervision Education: More training than a GED or high school diploma, preferably in administrative services or local government. An equivalent combination of two years’ work and education experience can be supplemented. Requirements:  Ability to type and enter data with proficiency and accuracy  Ability to operate normal office equipment including computers, software including spreadsheets, databases and word processing  Ability to exercise independent judgment and discretion in decision-making Desired Qualifications:  Education and experience in office administration  Ability to exercise independent judgment and discretion in decision-making  Ability to effectively problem solve using analytical and strategic thinking  Knowledge of principles and practices of local government with experience working in or with a community development, building department, or engineering office  Advanced computer software experience and proficiency especially in Word, Xcel, Outlook, ArcGIS, Laserfiche and various financial software packages Physical and Mental Requirements: Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, and hearing, typing, and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. This position is light duty and may require the exertion of up to 20 pounds of force on occasion or a negligible amount of force frequently to lift, carry, push, pull or otherwise move objects. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: While performing duties of this job, the employee is required to s it, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must occasionally lift and/or move 40 pounds. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies City of Lake Elmo Job Title: Planning Director Department: Planning Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position exercises supervision over all Planning Department staff. Position Details: This position is to strengthen the health and vitality of the City through managing planning, development review, redevelopment, building plan review, inspection, code enforcement, and housing. This position manages the direct operations of the Planning Department, meeting statutory requirements, while administering the City’s Comprehensive Plan. Main functions include managing development review, enforcing city ordinances and policies, keep accurate details and records, provide clear communication and provide technical support to the City Council or Planning Commission through reports and presentations. This positions servers under the general supervision of the City Administrator and is responsible, but not limited to the following duties: Department Operations:  Monitor revenues and expenditures in assigned areas to assure sound fiscal control; prepare annual budget requests, assure effective and efficient use of budgeted funds, personnel, materials, facilities and time  Determine work procedures, prepare work schedules, and expedite workflow; study and standardize procedures to improve efficiency and effectiveness of operations  Attends City staff meetings, City Council meetings and advisory boards. Community Planning:  Provide leadership and direction in the development of short and long-range plans related to growth management, land use, housing, transportation, park, trails, open space systems, public facilities or other issues to meet the City’s needs and requirements of the intergovernmental agreements and or State legislation  Formulate and administer the Comprehensive Plan  Coordinate the comprehensive plan activities with the Metropolitan Council plan, state and county planning activities  Develop and maintain Lake Elmo’s economic development and redevelopment programs  Supervise the evaluation of land use proposals for conformity to established plans and ordinances  Identify strategic opportunities for the use of tax increment financing and other resources to attract and shape development within the City  Prepares codes and ordinances, recommends amendments, fee structures, etc.  Gather, interpret, and prepare data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed.  Assist with designs for parks, streetscapes, landscapes and other municipal projects. Intergovernmental Coordination:  Monitor inter-governmental and legislative decisions affecting department operations and follow through with appropriate action  Render technical advice to City officials and employees regarding community development, design standards, land use, and related aspects of physical, social and environmental planning Development Review:  Supervise the development review process for submittal of rezoning, subdivision, special use permit and site plan applications, through analysis of project proposals, preparation of staff reports and recommendations  Interpret City codes and exercise judgement in applying requirements to cases which do not fit norms  Deal with developers, design professionals, contractors, business people, citizens and property owners  Handle controversial issues  Insure the maintenance of accurate record keeping of departmental activities relating to licenses, permits, development projects and special studies  Interpret and apply development regulations; identify gaps in the ordinance provisions and recommends ways to address these gaps; prepares ordinance revisions for consideration by City Council  Work with the City Engineer to ensure that development projects are completed according to approved plans. Code Enforcement:  Supervise the enforcement of zoning, housing, and nuisance codes including the receiving of complaints, field investigations, preparation and notification letters and court orders, and possible testimony in court hearings to achieve code compliance  Develop methods for dealing with chronic code enforcement issues and problem properties Supervisory Responsibilities:  Establishes and maintains policies and procedures for the Department  Carries out supervisory duties in accordance with the City’s policies and applicable laws  Responsible for training, planning, assigning and directing work  Responsible for evaluating performance, rewarding employees, disciplining employees  Responsible for responding to grievances, addressing complaints and addressing problems of employees While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Extensive knowledge of community development programs and process, and the typical operations of a planning department  Ability to supervise a complex set of department functions which involve several technical disciples, and to manage a complicated work program so that demands are matched to resources  Ability to think in a creative and strategic manner, to develop alternatives and specific program proposals designed to achieve effective results consistent with community goals  Thorough knowledge of how to formulate, implement, and apply comprehensive plans and specials studies related to community development issues  Thorough knowledge of how to develop, interpret, and apply development regulations, and to conduct code enforcement activities  Ability to handle stressful situations and effectively deal with difficult or angry people  Familiarity with the Community Development Block Grant program and other federal and state housing programs  Familiarity of GIS system and how to utilize them in the operation of a planning department  Ability to analyze situations and information, formulate alternatives, and use sound judgement in drawing conclusions and making decisions Education: four-year degree in Planning, Urban Studies, Geography, Landscape Architect, or related field Requirements: Minimum of five years’ experience in public sector position and at least four years of supervisory experience. This position should also include in: • Fully capable in word processing, spreadsheet, Geographic Information System (GIS) and other computer software • Knowledge of principles of city planning and urban design • Knowledge of techniques of problem solving, research procedures, and public relations • Valid MN State Driver’s License Desired Qualifications:  Master’s Degree in Urban Planning, Landscape Architect, Geography or closely related field Physical and Mental Requirements: Work is performed in both office and field settings. Some of the employee’s time is spent in field inspection associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to evaluate field conditions, plans and drawings is necessary. Specific vision abilities required by this job include close vision, distance, vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: While performing duties of this job, the employee is required to s it, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must occasionally lift and/or move 40 pounds. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: City Planner Department: Planning Status: Full-time regular position Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Planning Director Supervisory Duties: This position does not formally supervise, but provides work direction to the Planning Program Assistant. Position Details: Under limited supervision, this position is to complete professional planning and administrative work directing and coordinating the development of the City. This position serves as the City’s principal planner and advises the Department in land use issues affecting redevelopment and economic development. This position is to be a resource to residents, developers, Planning Commission, City Council, Economic Development Authority and co-workers on land use and redevelopment matters. This position is responsible for coordinating housing redevelopment programs and serving as a resource for commercial redevelopment activities. This position performs under the general supervision of the Planning Director and is responsible, but not limited to the following duties: Planning Projects:  Responsible to manage all aspects of planning projects, including community engagement, consultant oversight, and approvals  Answer questions and provide general planning-related information to the public, interprets overall plans, City projects, and ordinances  Analyzes and reviews variance requests and special-use/conditional use permits and make recommendations to the Planning Commission and City Council  Coordinates the intake and review of planning and zoning applications and monitors applications for compliance with state-mandated review schedules  Comprehensive Plan:  Review public projects and private developments proposals for conformance with the Comprehensive Plan Stakeholder Management:  Effectively identify and organize resident groups, coordinate input, arrange and facilitate public meetings, prepare and present information and identify community needs by collecting, verifying and compiling data from a variety of sources  Develop quality Planning Commission, Parks Commission and City Council actions and/or study items and present strategy plans, agreements, new initiatives, contracts and community recommendations  Establish and maintain effective working relationships with all levels of customers and planning staff  Make presentations to committees, City Council, public or other agencies on all areas of planning, housing/redevelopment, code enforcement and parks and recreation  Attend Planning Commission, Parks Commission, City Council meeting and other meetings as needed, which may include night and weekend meetings Project Management:  Provide customer service on-site, front counter, e-mail inquiries and phone calls  Act as project manager to manage project process, communication, expectations, risk and issue resolution  Foster and demonstrate effective relationship building in a collaborative environment including working across departments, with regional and state agencies to form partnerships While these are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as part of their role with the City. Position Requirements Knowledge, Skills and Abilities:  Demonstrates ability to prioritize tasks, solve problems and meet deadlines  Interface with other City, County and State Government and other jurisdictions when required  Participate in the formation, evaluation and analysis of departmental long range and strategic plans  Prepare written reports and materials for presentations  Assist in interpreting planning and zoning activities to commissions, boards, developer and the public  Communicate clearly and concisely, both orally and in writing  Prepare clear and concise reports Education: four-year degree in Planning, Urban Studies, Geography, Landscape Architect, or related field Requirements: Minimum of three years’ experience in public sector position and experience in: • Fully capable in word processing, spreadsheet, Geographic Information System (GIS) and other computer software • Knowledge of principles of city planning and urban design • Knowledge of techniques of problem solving, research procedures, and public relations • Valid MN State Driver’s License Desired Qualifications:  Formal training on project management or certify Physical and Mental Requirements: Work is performed in both office and field settings. Some of the employee’s time is spent in field inspection associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to evaluate field conditions, plans and drawings is necessary. Specific vision abilities required by this job include close vision, distance, vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. While performing duties of this job, the employee is required to sit, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must occasionally lift and/or move 40 pounds. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: While performing duties of this job, the employee is required to sit, stand, walk, talk and hear, use hands to finger, handle, feel and operate objects, tools or controls. The employee must occasionally lift and/or move 40 pounds. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Fire Chief Department: Fire Department Status: Full-time regular position, Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position oversees all fire department personnel Position Details: The Fire Chief is responsible for all operations for the Fire Department, which includes, but not limited to: administrative duties, training, coordination of vehicle, equipment and facility maintenance, fire prevention, planning and organizing firefighting activities, conduct inspections of new and existing buildings to ensure compliance with fire codes as well as local fire ordinances to minimize loss of life and property and to act as a fire department liaison for the City. The Chief shall be the leader of the Department, uphold, follow and enforce City Policies, Department Policies, Department Standard Operating Guidelines and oversee all management functions of the Department. Above all else, this employee shall respond to alarms. Administrative Responsibilities:  Shall ensure that the Department meets all requirements by the Federal, State, County, City, and OSHA and NFPA recommendations as applicable  Plan organize and direct overall operation of the Fire Department  Prepare the Fire Department annual budget through the collection of data and review of previous expenditures  Update and maintain the records of the Department to ensure compliance with data retention records  Assess concerns of citizens/community  Research, write, submit and ensure compliance with grants  Shall attend or ensure that the Department is represented at any required events or meetings  Act as Liaison and provide membership to outside organizations as needed, such as, but not limited to the following, MN State Fire Chiefs Association, Metro Chiefs, Washington County Chiefs, Emergency Management Council, Association of Emergency Managers, etc. Training: • Ensure the department follows all required training • Monitor and adjust training program to stay up-to-date to meet service demands and provide a safe work environment for personnel • Maintain all records for firefighters for their CEU credits and certifications Inspections and Investigation: • Conduct investigations on structural fires • Work with State Fire Marshal and insurance investigators as necessary • Complete all necessary reports and follow up on all complaints • Establish initial inspection program and build data base to follow up on violations and code issues • Conduct commercial inspections • Review development plans and work with the Building Official Emergency Management: • Serve as Emergency Management Director • Work with County to ensure that the City’s plan is current • Manage installation of warning sirens and ensure in proper condition • Ensure all staff is prepared, trained and compliant with emergency preparedness Fiscal Management: • Prepare Department Budget • Responsible for purchasing of vehicles and equipment • Ensures that vehicles and equipment are maintained • Setup maintenance schedules, service inspections and certifications as needed Supervisory Responsibilities: • Provide direction, supervision, and coordination of training Firefighters, including training employees, planning, assigning and directing work; evaluating performance, rewarding and disciplining employees, suspending employees, adjusting grievances, addressing complaints, and resolving problems • Recommend hiring, promotion, and demotion of employees • Maintain a high level of safety practices through the coordination of safety programs and policies and regular inspections of facilities and equipment While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Knowledge of firefighting equipment practices, principles, methods and techniques used in modern fire suppression • Knowledge and the ability to apply pertinent federal and state law and city ordinances • Knowledge of data privacy laws as they pertain to personnel records, reports and materials • Ability to communicate effectively both orally and in writing • Skilled in listening and problem solving • Must complete a minimum of 12 hours of continue education outside of the department annually • Maintain all required certifications/CEUs Education: High school diploma or GED Requirements: Minimum of six years of firefighting experience and four years as office with command experience Licenses/Qualifications: This position will require the following be met and maintained through term in this position: • Certified First Responder • Valid MN Driver’s License • Experience with Fire Inspection/Investigation • Has met the requirements of District Chief, including firefighter requirements Physical and Mental Requirements: While performing the duties of this job, the employee is frequently required to sit, talk, or hear; stand; walk; use hand to finger; handle; or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally asked to climb or balance, stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift to 10 pounds and occasionally lift and/move up to 100 pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust the focus. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Work is performed primarily in the office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during day and night shifts. Work is often performed in emergency and stressful situations. The employee is exposed to hearing alarms and hazards associated with fighting fires and rendering emergency medical assistance, including smoke noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Fire Inspector / Lieutenant Department: Fire Department Status: Full-time regular position, Non-Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Fire Chief Supervisory Duties: This position does not formally supervise, but provides work direction to personnel at the scene of emergencies and other settings. Position Details: Responds to fire and medical emergencies serving as attack crew officer and/or initial Incident Command. Interprets, applies and enforces fire, life safety, property maintenance and other state and municipal codes. Reviews plans and conducts inspections of new and existing buildings and properties to ensure code compliance. Assists with Fire Administration duties such as preparing department reports, strategic planning, grant writing, and other tasks as assigned. Assists with the planning and execution of fire prevention programs and initiatives; interacts with the public and provides public education. Works under the general supervision of the Fire Chief, receives task supervision from all Chief Officers. Emergency Response: • Respond to fire and medical emergencies as assigned. • Serve as attack crew officer and/or initial Incident Command per department operating procedures. Fire Inspections: • Establish and oversee commercial inspection program • Enforce Minnesota State Fire Codes, Property Maintenance Codes, other state codes and City ordinances and policies. • Assist in the enforcement of building, zoning, and health and safety codes through the review of plans and specifications. • Assist and supply information to the general public and building construction personnel on matters relating to the City ordinances and policies. • Review building permits and plans to ensure fire code compliance. • Conducts pre-fire planning, emergency planning, and evaluates water supply for fire protection. • Issue citations for fire code violations as needed. • Conduct on-site property inspections. • Assist with fire investigations of all fires in coordination with other staff members and/or other agencies. • Respond to citizen complaints. • Appear as an expert witness, if needed Administrative Responsibilities: • Collect and maintain data related to department activities. • Assist in the analysis of data to be used for department reports and strategic planning. • Assist in the preparation and writing of grant applications. Assist in the preparation of the annual Fire Department budget. • Perform administrative duties such as prepare letters, correspondence, and maintain files and records. • Assist in call tracking and record keeping using incident reporting programs. • Assist in staff scheduling and reports using scheduling programs. Fire Prevention and Education: • Collect and maintain data related to building pre-plan and emergency response information. • Coordinate the community based home safety inspection and smoke alarm installation program. • Assist with the development and administration of public education programs on fire and life safety for the Lake Elmo Community. • Assist with the development and administration of Youth Fire Prevention education programs. Other Duties: • Attend related meetings during regular and after hours as directed or needed. • Keep the Fire Chief informed of job related activities at all times. • Attend ongoing training to maintain required certifications and proficiencies. • Support and enforce City policies, procedures, operations and safety rules. • Performs other duties as apparent or assigned. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Thorough knowledge of the modern principles and techniques of fire suppression. • Directs the placement of the company’s apparatus and determines best strategy for resolving the emergency • Directs Firefighters and takes the lead in extinguishing fires, saving life and property, and assessing hazardous material situations. • Ability to enforce fire department policies, procedures, rules and regulations. • Knowledge of applicable municipal laws, city policies and ordinances. • Knowledge of current principles and practices of fire inspection and code enforcement administration, including general knowledge of departmental services, functions, and operations. • General knowledge of the principles and practices of building construction and electrical and mechanical systems. • Skill to communicate with a variety of individuals and handle a variety of customer service situations. • Ability to use various office equipment and software programs including but not limited to: Microsoft Office suite, ImageTrend, Aladtec, IamResponding, Central Square Field Ops, and Tablet Command. • Ability to work independently and plan, organize and prioritize work tasks. • Ability to prepare clear reports and prepare work results with completeness and accuracy, and solve complex problems in a timely manner. • Ability to collect, maintain, and analyze departmental related data • Ability to establish and maintain effective working relationships with co-workers, citizen commissions, council members, staff from other public agencies, and citizens. • Ability to maintain physical fitness and perform the duties of a firefighter. • Ability to read and interpret detailed instructions, correspondence and procedural manuals, City policies, ordinances and contracts, state statutes. Ability to use grammar and spelling to communicate effectively orally and in writing. • Ability to make arithmetic computations using whole numbers, fractions and decimals. Ability to compute rates, ratios and percentages. Ability to create tables and graphs and effectively communicate analytical conclusions. • Ability to solve and deal with practical problems. Ability to interpret a variety of instructions in written, oral or other forms. Education: High school diploma or GED Requirements: Minimum of three years of progressive fire service experience Licenses/Qualifications: This position will require the following be met and maintained through term in this position: • Certified as: o Firefighter I and II o Emergency Medical Technician o MN State Fire Inspector I o Haz-Mat Operational Level • Must have or become certified as: o MN State Fire Inspector II Certified within 12 months o Licensed Firefighter in the State of Minnesota within 12 months o Blue Card (Local Hazard Zone Management) within 12 months o Must have Fire Officer I Certification within 24 months o Fire Apparatus Operator within 18 months • Considerable experience with computers and variety of office software, including Microsoft Office Suite and Adobe applications, and job-related software programs. • Current, valid MN Driver’s License Preferred Qualifications: • Five (5) years of progressive fire service experience • Two (2) years of previous code enforcement and fire inspection experience. • Two (2) years of previous company officer experience. • Certified Fire Investigator • Associates Degree and/or Bachelor’s Degree in Fire Science or related field of study. • Respond within 15 minutes of the Lake Elmo Fire Station #1 (3510 Laverne Avenue North, Lake Elmo, MN 55042) • Previous grant writing or other related technical writing experience Physical and Mental Requirements: While performing the duties of this job, the employee is frequently required to sit, talk, or hear; stand; walk; use hand to finger; handle; or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally asked to climb or balance, stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift to 10 pounds and occasionally lift and/move up to 100 pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust the focus. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Work is performed primarily in the office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during day and night shifts. Work is often performed in emergency and stressful situations. The employee is exposed to hearing alarms and hazards associated with fighting fires and rendering emergency medical assistance, including smoke noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Administrative Assistant for Fire Department: Public Safety Status: part-time Reporting Relationship: Reports to Fire Chief Position Details: This position provides both administrative and fire fighting for the Department. This position shall operate within the boundaries as set forth in the Department Policy and Standard Operating Guidelines. Administrative Responsibilities:  Assist in ensuring that the Department meets all requirements by the Federal, State, County, City NFPA and OSHA  Assist in the preparation of the Fire Department annual budget through the collection of data and review of previous expenditures  Data entry and basic clerical duty for the Department, including the preparation of reports Equipment: • Complete basic repairs and/or schedules repairs for fire department equipment • Complete basic repairs and/or schedules repairs for fire department vehicles • Maintains a clean and safe fire station for the Department • General knowledge and working order of fire apparatus, EMS equipment, fire rescue equipment and emergency response equipment Emergency Preparedness: • Responds to emergency calls as needed • Responds as first-responder as needed Fiscal Management: • Assist in the purchasing of vehicles and equipment • Purchases and maintains inventory of supplies for the department • Setup maintenance schedules, service inspections and certifications as needed While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Knowledge of firefighting equipment practices, principles, methods and techniques used in modern fire suppression • Ability to communicate effectively both orally and in writing • Skilled in listening and problem solving • Must complete a minimum of 12 hours of continue education outside of the department annually Education: High school diploma or GED Requirements: Minimum of two years of firefighting experience Licenses/Qualifications: This position will require the following be met and maintained through term in this position: • Certified First Responder • Valid MN Driver’s License • Experience with Fire Inspection/Investigation • Has met the requirements of District Chief, including firefighter requirements • Fire Apparatus Operator • Fire Fighter I and Fire Fighter II • Emergency Medical Responder • BLS level CPR • State Certified HazMat operations Physical and Mental Requirements: While performing the duties of this job, the employee is frequently required to sit, talk, or hear; stand; walk; use hand to finger; handle; or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally asked to climb or balance, stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift to 10 pounds and occasionally lift and/move up to 100 pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust the focus. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Work is performed primarily in the office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during day and night shifts. Work is often performed in emergency and stressful situations. The employee is exposed to hearing alarms and hazards associated with fighting fires and rendering emergency medical assistance, including smoke noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. ***During scheduled work hours, the individual shall not earn or receive credit for the following:  Relief Association  Call Percentage City of Lake Elmo Job Title: Public Works Director Department: Public Works Status: Full-time regular position, Exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to City Administrator Supervisory Duties: This position supervises employees in the Public Works Department. This position is responsible for the overall direction, coordination, and evaluation of associated functions. This position carries out supervisory responsibilities in accordance with policies, procedures, and applicable laws of the City. Position Details: The Public Works Director is responsible for complex supervisory, administrative, and professional work in planning, organizing, directing, and supervising the Public Works Department. This position must have complex understanding of environment, water, sanitary and storm water, street, traffic control, lighting, parks maintenance, vehicle maintenance, and other public work projects and programs. This position is responsible for budgetary duties. Fiscal Responsibilities:  Create and maintain short and long-term plans to meet the needs of the City including transportation, street, water, sewer, drainage, light, park planning, and general maintenance.  Prepares operating budget for Department and utility funds and oversees adopted budget.  Develop specifications and make recommendations for the purchasing of equipment and vehicles. Responsible for purchasing all supplies and materials needed for effective operations.  Oversees and participate in the creation of complete and accurate documentation and maintains all department files and records. Infrastructure Responsibilities:  Provides recommendations for the capital improvement plan concerning infrastructure, city facilities and equipment and software purchases • Coordinates maintenance and construction projects to ensure compliance with time and budget with Engineering and Planning Department • Oversees assigned municipal projects to ensure contractor compliance with time and budget parameters for the project • Drafts and recommends policies for all maintenance functions including but not limited to snow, ice, pavement management, street signs and, utility system operations • Respond to emergencies Supervisory Responsibilities:  Provides direction, supervision, and coordination of training Public Works staff, including training employees, planning, assigning and directing work; evaluating performance, rewarding and disciplining employees, suspending employees, transferring employees, adjusting grievances, addressing complaints and resolving problems.  Recommend hiring, promotion, demotion and discharge of employees.  Maintain a high level of safety practices through coordination of safety programs and policies and regular inspections of facilities and equipment. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Comprehensive knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • Comprehensive knowledge of general equipment maintenance and repair techniques. • Comprehensive knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work. • Comprehensive knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • Experience operating heavy equipment in maintenance or construction work, including installation of underground sewer, water, and/or storm sewer utilities, or applicable related experience. • Manage projects and supervise work crews independently. • Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals. Education: Bachelor’s degree in civil engineering, business or public administration or closely related field. Requirements: Minimum of 8 years of pervious public works experience including at least two years in utilities, supervisory experience, and budgeting responsibilities. Must have Commercial Driver’s License, Class B driving privileges and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for: • Single Axel Dump Truck • Skid Loader • Front End Loader • Tractor • Snow/Ice Removal Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Standard Office Spreadsheet or Writing Software Licenses/Cerfications: This position will require the acquisition and maintenance of the following additional certificates/licenses: • Class B Commercial Driver’s License, or ability to obtain within 2 years • Class B Water Operator License, or ability to obtain within 2 years • Class B/SB Wastewater Operator License or ability to obtain within 2 years • NIMS 700 and HAZ MAT Certifications • APWA-MN Chapter Public Works Certificate • Relevant Competent Person Certificate Desired Qualifications: • Commercial Driver’s License (CDL) • Registered civil engineer in the State of Minnesota Physical and Mental Requirements: Positions in this job typically require: sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. This position encounters unexpected and prolonged workdays and stress and pressure from dealing with emotional issues and conflicts. There is also sustained exposure to computer keyboards and video screens. This positon is generally light-duty and may require the exertion up to 20 pounds of force on occasion and the ability to lift, carry, push, pull and move objects. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: This position must be able to respond to afterhours emergency; physically onsite within 30 minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Public Works Lead Worker(s) Department: Public Works Status: Full-time regular position, non-exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Public Works Director Supervisory Duties: This position is responsible for the overall daily direction, delegation and coordination of associated functions and tasks within the Public Works Department. This position carries out supervisory responsibilities directly related to assigned tasks and work orders in accordance with policies, procedures, and applicable laws of the City. Position Details: This position is responsible for all Public Works activities as outlined in Public Works Operator I. In addition, the position of Lead worker will be responsible to provide work assignment and direction to both Full-time and Part-time employees and fill in for the Public Works Director in times of absence. Street Operations:  Operate various equipment while fulfilling street maintenance duties.  Perform manual tasks related to repair and maintenance of City streets, such as blacktop patching, concrete patching and repair, repairing and replacing traffic signs, and painting pavement markings.  Maintain storm sewer system, including cleaning, repairing, rebuilding, unclogging and de-icing drains and storm sewers.  Prepare trucks and equipment needed for snow/ice removal and calculate the correct amount of material needed. Utility Operations • Read and record daily flow meters, fluoride usage, chlorine usage, system checks and inspections of well pump houses. • Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and maintain integrity of bacteria, lead, copper, and samples to be analyzed by the contracted lab. • Read water meters and service accounts, including posting notices, terminating service, and performing meter maintenance and repair. • Perform general hydrant maintenance, including flushing, repairs, painting, and lubricating caps. • Water distribution system maintenance operations including flushing mains of sediment/air, gate valve/curb stop operations and functions. • Read and record daily flows from lift stations. Perform daily system checks and inspections. • Assist with maintenance to sanitary sewer system repairs, including flushing, jetting and cleaning, cleaning of lift stations, and performing minor lift station pump maintenance and inspections. • Perform locates for all City utilities. Maintenance and Operation of Vehicle Equipment: • Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat, roller, compactor, back-hoe, excavator, lawn mower and other department vehicles and equipment. • Maintain clean and safe equipment and vehicles. • Perform light vehicle maintenance Parks/Ground Maintenance:  Perform assorted manual tasks as part of parks/grounds maintenance.  Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.  Flood ice rinks.  Perform ballfield maintenance. Supervisory Responsibilities: • Assists Director in developing annual, seasonal and other work schedules. • Communicate and work with outside contractors and oversees/directs their work in conjunction with Public Works Director. • Assists with development and hiring of Public Works staff. • Has authority to call back employees for after hour emergencies. • Assists Director with purchasing: calls for product info, makes product comparisons. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Comprehensive knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • Comprehensive knowledge of general equipment maintenance and repair techniques. • Comprehensive knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work. • Comprehensive knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • General knowledge in welding and cutting equipment in a safe manner. • General knowledge of electricity, pumps, motors and generators. • Experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities, streets and parks or applicable related experience. • Ability to lead staff in all areas of public works including; prioritizing tasks, determining work methods, scheduling and using proper work methods. • Ability to provide technical guidance to subordinates and participate in training efforts. • Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals. • Ability to understand and follow oral and written instructions. • Ability to make sure all necessary materials and supplies are available by maintaining an inventory and ordering/purchasing needed supplies. • Ability to communicate effectively and tactfully with the public and City staff. • Ability to establish and maintain effective relationships with others. • Ability to prepare and submit required reports to various agencies and other city staff. • Ability to manage all emergencies related to Public Works. • Ability to perform administrative duties including budget preparation, analyze operational costs, developing specifications, writing memos and maintaining department records. • Develop and maintain relationships with vendors and contractors. • Responds to residents’ concerns/questions and handles other customer service situations as they arise/as directed. • Attends relevant workshops, meetings and training seminars. Education: High School Diploma or GED equivalent Requirements: Minimum of 7 years experience in public works and meet licensing/certification requirements of Public Works Operator I. Must have Commercial Driver’s License, Class A driving privileges and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for: • Single Axel Dump Truck • Skid Loader • Front End Loader • Tractor • Snow/Ice Removal Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Standard Office Spreadsheet or Writing Software Licenses/Certifications: This position requires the following additional certificates/licenses: • Class B Water Operator License • Completion of 3 of the following 4 programs: o Certified Playground Inspector Certificate o Tree Inspector Certificate o Management and Supervisory Leadership Training Program o LTAP’s Road Scholar Program • MN APWA Chapter Public Works Certificate or ability to obtain within 2 years of appointment Desired Qualifications: Post-secondary schooling or job relevant training. Physical and Mental Requirements: Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: This position must be able to respond to afterhours emergency; physically onsite within 30 minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces however, this position may be subject to periods of time seated at a work station. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies City of Lake Elmo Job Title: Public Works Operator I Department: Public Works Status: Full-time regular position, non-exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Public Works Director Supervisory Duties: This position is responsible for the direction and coordination of a associated functions, tasks and assigned crews. This position carries out supervisory responsibilities directly related to assigned tasks and works orders in accordance with policies, procedures, and applicable laws of the City. Position Details: Public Works Operator I provides skilled operations and maintenance of City infrastructure (water, sewer, parks and streets) and equipment. Street Operations:  Operate various equipment while fulfilling street maintenance duties.  Perform manual tasks related to repair and maintenance of City streets, such as blacktop patching, concrete patching and repair, repairing and replacing traffic signs, and painting pavement markings.  Maintain storm sewer system, including cleaning, repairing, rebuilding, unclogging and de-icing drains and storm sewers.  Prepare trucks and equipment needed for snow/ice removal and calculate the correct amount of material needed. Utility Operations • Read and record daily flow meters, fluoride usage, chlorine usage, system checks and inspections of well pump houses. • Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and maintain integrity of bacteria, lead, copper, and samples to be analyzed by the contracted lab. • Read water meters and service accounts, including posting notices, terminating service, and performing meter maintenance and repair. • Perform general hydrant maintenance, including flushing, repairs, painting, and lubricating caps. • Water distribution system maintenance operations including flushing mains of sediment/air, gate valve/curb stop operations and functions. • Read and record daily flows from lift stations. Perform daily system checks and inspections. • Assist with maintenance to sanitary sewer system repairs, including flushing, jetting and cleaning, cleaning of lift stations, and performing minor lift station pump maintenance and inspections. • Perform locates for all City utilities. Maintenance and Operation of Vehicle Equipment: • Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat, roller, compactor, back-hoe, excavator, lawn mower and other department vehicles and equipment. • Maintain clean and safe equipment and vehicles. • Perform light vehicle maintenance. Parks/Ground Maintenance:  Perform assorted manual tasks as part of parks/grounds maintenance.  Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.  Flood ice rinks  Perform ballfield maintenance. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Comprehensive knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • Comprehensive knowledge of general equipment maintenance and repair techniques. • Comprehensive knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work. • Comprehensive knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • General knowledge in welding and cutting equipment in a safe manner. • General knowledge of electricity, pumps, motors and generators. • Experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities, streets and parks or applicable related experience. • Ability to Manage projects/tasks and work crews independently. • Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals. • Ability to understand and follow oral and written instructions. • Ability to communicate effectively and tactfully with the public and City staff. Ability to establish and maintain effective relationships with others. • Ability to learn new job skills and work tasks as assigned. • Ability to manage all emergencies related to Public Works. • Develop and maintain relationships with vendors and contractors. Education: High School Diploma or GED equivalent Requirements: Minimum of 5 years experience in public works and meet licensing/certification requirements of Public Works Operator II. Must have Commercial Driver’s License, Class A driving privileges with air brakes and tanker endorsement and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for: • Single Axel Dump Truck • Skid Loader • Front End Loader • Tractor • Snow/Ice Removal Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Standard Office Spreadsheet or Writing Software Licenses/Certifications: This position requires the following additional certificates/licenses: • Class C/SC Waste Water Operator License • Completion of 2 of the following 4 programs: o Certified Playground Inspector Certificate o Tree Inspector Certificate o Management and Supervisory Leadership Training Program o LTAP’s Road Scholar Program Desired Qualifications: Post-secondary schooling or training Physical and Mental Requirements: Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: This position must be able to respond to afterhours emergency; physically onsite within 30 minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. City of Lake Elmo Job Title: Public Works Operator II Department: Public Works Status: Full-time regular position, Non-exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Public Works Director Supervisory Duties: This position is generally not responsible for any regular direct supervision of other employees. This position will be responsible for providing general work direction to other employees as asked by the Public Works Director or Lead Worker Position Details: Public Works Operator II provides skilled operations and maintenance of City infrastructure (water, sewer, parks and streets) and equipment. Street Operations:  Operate various equipment while fulfilling street maintenance duties.  Perform manual tasks related to repair and maintenance of City streets, such as blacktop patching, concrete patching and repair, repairing and replacing traffic signs, and painting pavement markings.  Maintain storm sewer system, including cleaning, repairing, rebuilding, unclogging and de-icing drains and storm sewers.  Prepare trucks and equipment needed for snow/ice removal and calculate the correct amount of material needed. Utility Operations • Read and record daily flow meters, fluoride usage, chlorine usage, system checks and inspections of well pump houses. • Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and maintain integrity of bacteria, lead, copper, and samples to be analyzed by the contracted lab. • Read water meters and service accounts, including posting notices, terminating service, and performing meter maintenance and repair. • Perform general hydrant maintenance, including flushing, repairs, painting, and lubricating caps. • Water distribution system maintenance operations including flushing mains of sediment/air, gate valve/curb stop operations and functions. • Read and record daily flows from lift stations. Perform daily system checks and inspections. • Assist with maintenance to sanitary sewer system repairs, including flushing, jetting and cleaning, cleaning of lift stations, and performing minor lift station pump maintenance and inspections. • Perform locates for all City utilities. Maintenance and Operation of Vehicle Equipment: • Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat, roller, compactor, back-hoe, excavator, lawn mower and other department vehicles and equipment. • Maintain clean and safe equipment and vehicles. • Perform light vehicle maintenance. Parks/Ground Maintenance  Perform assorted manual tasks as part of parks/grounds maintenance.  Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.  Flood ice rinks.  Perform ballfield maintenance. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • Detailed knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • Detailed knowledge of general equipment maintenance and repair techniques. • Detailed knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work. • Detailed knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • General knowledge in welding and cutting equipment in a safe manner. • General knowledge of electricity, pumps, motors and generators. • Experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities, streets and parks, or applicable related experience. • Ability to manage project/tasks and supervise work crews as directed. • Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals. • Ability to understand and follow oral and written instructions. • Ability to communicate effectively and tactfully with the public and City staff. Ability to establish and maintain effective relationships with others. • Ability to learn new job skills and work tasks as assigned. • Ability to work independently or as a group Education: High School Diploma or GED Requirements: Must meet licensing/certification requirements for Public Works Operator III. Must have Commercial Driver’s License, Class A driving privileges with air brakes and tanker endorsement and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for: • Single Axel Dump Truck • Skid Loader • Front End Loader • Tractor • Snow/Ice Removal Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Standard Office Spreadsheet or Writing Software Licenses/Certifications: This position requires the following additional certificates/licenses: • Class C Water Operator License • NIMS 100 and 700 Desired Qualifications: Post-secondary schooling or training Physical and Mental Requirements: Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: This position must be able to respond to afterhours emergency; physically onsite within 30 minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the general public, outside contacts and constituencies. ***This position has the potential for advancement to Public Works Operator Level I within 36 months of this position, with approval by the Public Works Director and completion of all required training, licensing and certificates. City of Lake Elmo Job Title: Public Works Operator III Department: Public Works Status: Full-time regular position, Non-exempt Benefits: Qualifies for full-time benefits Reporting Relationship: Reports to Public Works Director Supervisory Duties: This position is generally not responsible for any regular direct supervision of other employees. This position will be responsible for providing general work direction to other employees as asked by the Public Works Director or Lead Worker. Position Details: Public Works Operator III provides skilled operations and maintenance of City infrastructure (water, sewer, parks and streets) and equipment. Street Operations:  Operate various equipment while fulfilling street maintenance duties.  Perform manual tasks related to repair and maintenance of City streets, such as blacktop patching, concrete patching and repair, repairing and replacing traffic signs, and painting pavement markings.  Maintain storm sewer system, including cleaning, repairing, rebuilding, unclogging and de-icing drains and storm sewers.  Prepare trucks and equipment needed for snow/ice removal and calculate the correct amount of material needed. Utility Operations • Read and record daily flow meters, fluoride usage, chlorine usage, system checks and inspections of well pump houses. • Collect and analyze fluoride, chlorine, hardness compositions in water. Collect and maintain integrity of bacteria, lead, copper, and samples to be analyzed by the contracted lab. • Read water meters and service accounts, including posting notices, terminating service, and performing meter maintenance and repair. • Perform general hydrant maintenance, including flushing, repairs, painting, and lubricating caps. • Water distribution system maintenance operations including flushing mains of sediment/air, gate valve/curb stop operations and functions. • Read and record daily flows from lift stations. Perform daily system checks and inspections. • Assist with maintenance to sanitary sewer system repairs, including flushing, jetting and cleaning, cleaning of lift stations, and performing minor lift station pump maintenance and inspections. • Perform locates for all City utilities. Maintenance and Operation of Vehicle Equipment: • Operate pick-up truck, single axel dump truck, tractor, front end loader, bobcat, roller, compactor, back-hoe, excavator, lawn mower and other department vehicles and equipment. • Maintain clean and safe equipment and vehicles. • Perform light vehicle maintenance. Parks/Ground Maintenance  Perform assorted manual tasks as part of parks/grounds maintenance.  Prepare wood chipper truck, chainsaw, and other equipment for trimming trees.  Flood ice rinks.  Perform ballfield maintenance. While these areas are the primary focus of the position, we believe strongly in teamwork and employees will be called upon to perform a variety of duties as a part of their role with the City. Position Requirements Knowledge, Skills and Abilities: • General knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • General knowledge of general equipment maintenance and repair techniques. • General knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work. • General knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • General knowledge in welding and cutting equipment in a safe manner. • General knowledge of electricity, pumps, motors and generators. • General experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities,streets and parks or applicable related experience. • Manage projects and tasks as directed. • Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals. • Ability to understand and follow oral and written instructions. • Ability to communicate effectively and tactfully with the public and City staff. Ability to establish and maintain effective relationships with others. • Ability to learn new job skills and work tasks as assigned. • Ability to work independently or as a group. Education: High School Diploma or GED Requirements: Must have Commercial Driver’s License, Class B driving privileges with air brakes and a good driving record. Must demonstrate proficient verbal and written communication skills. Must demonstrate equipment operator skills and knowledge of safety procedures for: • Single Axel Dump Truck • Skid Loader • Front End Loader • Tractor • Snow/Ice Removal Process basic computers skills, including a good knowledge of and experience using: • E-mail and Microsoft Outlook • Web Browsing • Basic Computer Mapping (Google Maps, Bing) • Adobe PDF Viewer • Standard Office Spreadsheet or Writing Software Licenses/Cerfications: This position will require the acquisition and maintenance of the following additional certificates/licenses within 2 years of appointment: • Class A Commercial Driver’s License with air brakes and tanker endorsement • Class D Water Operator License • Class D/SD Waste Water Operator License • Annual OSHA Training including relevant competent person certificate and HAZMAT certifications Desired Qualifications: Post-secondary schooling or training Physical and Mental Requirements: Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Working Conditions: This position must be able to respond to afterhours emergency; physically onsite within 30 minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. **The work environment characteristics described here are representative to those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform the essential functions. Competencies Common to All City Positions: • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures • Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. • Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. • Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the public, outside contacts and constituencies. • ***This position has the potential for advancement to Public Works Operator Level II within 24 months, with approval by the Public Works Director and completion of all required training, licenses and certificates.