Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-17-12 CCMP
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo. MN 55042 City Council Meeting April 17, 2012 7:00 p.m. 6:30 P.M. - PA' S COMMISSION INTERVIEWS A. CALL TO ORDER: B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons Park Pearson Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council conducts its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPT MINUTES: 1, Accept April 3. 2012, City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes.) . Sara Quick, Jaycees President REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and Council Administrator City Attorney City Engineer Planning Director • Finance Director CONSENT AGENDA: (Items placed on the Consent Agenda by City Staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve Payment of Disbursements and Payroll 3. Test Well No. 4 - Pay Request No. 1 (Final) 4. A.T. & T. Mobility Letter of Understanding 5. Resolution Related to 2012 Assessments to Washington County 6. AmeriCorps Staffing Opportunity 7. Authorize Agreement with MnDOT for the Community Roadside Landscaping Partnership Program K. REGULAR AGENDA: 8. Park Commission Appointments 9. Special Event Permit — Wild Adventure Race Spring Sprint — Sunfish Lake Park/Lake Elmo Park Reserve Adjourn LAKE ELMO CITY COUNCIL MINUTES DRAFT City of Lake Elmo City Council Minutes April 3, 2012 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston, Council Members Smith, Park & Pearson Also Present: City Administrator Zuleger, Attorney Snyder, City Engineer Griffin, Planning Director Klatt, Finance Director Bendel, and Interim City Clerk Luczak, APPROVAL OF AGENDA: City Administrator Zuleger requested that one item be added to the Consent Agenda #5a, resolution related to 2012 abatements to Washington County. MOTION: Council Member Smith moved to approve the April 3, 2012 City Council Agenda as amended. Council Member Pearson seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The March 20, 2012 City Council Minutes were accepted by consensus of the City Council. 'UBLIC COMMENTS / INQUIRIES: None REPORTS: Mayor Johnston reported he attended the Stillwater Chamber of Commerce City area meeting, City Administrator Zuleger reported to the Council that the Newsletter will be mailing within a week. He continues to meet with residents on storm water appeals and 12 out of 24 are settled. The Council was updated on the Red Zone letters mailed to residents on Highland Trail informing and addressing the residents speeding concerns, Dean received notice from the Tri-Lakes Association that the DNR will provide 160 hours of watercraft inspections on Olson and Demontreville Lakes reducing the City's cost to $750. The City met with the Toll Bros. developers about their request for a senior and assisted living development. The 1-94 Corridor discussions have received positive feedback from landowners, The April 10m Workshop presentations will address the 2010 Census Data, Stillwater Chamber of Commerce and 1-94 Development. Staff and Council Retreat is scheduled for April 2012, City Attorney Snyder stated the detachment proceedings are in the courts, Well No. 4 site acquisition delayed and updating administrative penalties. City Engineer Griffin reported that Well No. 4 closing has been pushed back to mitigate the encroachment easement of Valley Branch Watershed District, The Design Variance from State Aid Operations was denied on a technicality March 22, 2012, but options may still be available, Planning Director Klatt informed the Council the Open House with the Village Work Group was well attended. LAKE ILLMO CITY COUNCIL MINUTES DRAFT Finance Director Bendel reported that audit preparation was complete and the auditors are scheduled to be on - site April 23 through May 4, 2012, Cathy continues to clean-up some areas and lingering projects. CONSENT AGENDA: MOTION: Council Member Park moved to approve the Consent Agenda Items 2-5. Council Member Pearson seconded the motion. The motion passed 4-0. • Approved disbursements and payroll in the amount of $59,708.24 • 2011 Street and Water Quality Improvements -Compensating Change Order (CCO) No, 1 and Pay Request (PR) No. 4 (Final) • 2012 Street and Water Quality Improvements (Demontreville-Highlands Area) — Award Engineering Services Contract • Municipal State Aid System Revision — Resolution Establishing and Designating Demontreville Trail as a Municipal State Aid Street Resolution Related to the 2012 Assessments to Washington County RESOLUTION RELATED TO 2012 ASSESSMENTS TO WASHINGTON COUNTY Finance Director Bendel explained the Resolution was necessary to remove three properties from the 2012 Washington County Assessment roll, This will correct two Abatements which were billed incorrectly, and one raw billing error. MOTION: Council Member Smith moved to approve the Consent Agenda Item 5a. Council Member Pearson seconded the motion. The motion passed 4-0. REGULAR AGENDA: OLSON LAKE TRAIL SANITARY SEWER EXTENSION - JOINT SEWER PROJECT WITH THE CITY OF OAKDALE City Engineer Griffin updated the Council on the City of Oakdale's Olson Lake Trail Sanitary Sewer Extension Project, Oakdale has invited the City of Lake Elmo to participate as a joint project to connect Lake Elmo properties along the east side of Olson Lake Trail to sanitary sewer. Griffin indicated that this issue was discussed at the last council meeting and the City Engineer was directed to obtain additional information; namely, to make additional efforts to contact impacted properties to determine resident interest, to determine approximate cost for a feasibility study, and to determine if Washington County will be participating in street restoration costs. Griffin indicated that the Assistant City Engineer has been in contact with all 15 property owners who could benefit from the Phase I and Phase II sewer extensions. Ten (10) property owners indicated that they are in favor of connecting to sanitary sewer while five (5) properties indicated that they were not in favor, Griffin indicated that the estimated cost of the feasibility study would be $8,000 to be shared equally between the cities of Oakdale and Lake Elmo. Contact was made with Washington County to determine the street restoration costs and an answer could not be affirmed. The timing, funding source, and extent of street improvement work to be completed by Washington County were not completely determined and each factor may impact whether or not there would be a cost savings realized for the benefit of the sewer extension project. Given the unknowns, Griffin indicated that the council should assume that there would not be a savings and that the feasibility study would review two alternative sewer alignments. One alignment under the roadway 2 LAKE ELMO CITY COUNCIL MINUTES DRAFT and one alignment along the west ditch. County participation would continue to be pursued as part of the Report. Council discussed the Feasibility Study and the costs and asked questions about future sewer extensions beyond the scope of this initial sewer extension, including policy issues related to properties connecting to Oakdale sewer. Council Member Smith asked about a fairness equity policy, assessment to all regardless of a hook-up or not, and a compliance deferment option for residents. Mayor Johnston and Engineer Griffin were advocates for the infrastructure to be in place, and the Feasibility Study is the opportunity to get the facts and address the resident's concerns. Council Member Smith asked if the costs could be offset if the infrastructure was in place. Council Member Pearson agreed that a Feasibility Study was needed as there were too many unknowns. Tony Haider, 4575 Olson Trail, spoke in favor of the sewer system. MOTION: Mayor Johnston moved to authorize an approximate $4,000.00 expenditure for a Feasibility Study for a joint sanitary sewer extension project with the City of Oakdale with the costs to be assessed back to property owners if the project goes ahead; and requested the City Engineer to further review additional potential service areas from 50th Street to 4415 Olson Lake Road. Council Member Park seconded the motion. The motion passed 4-0. LOT AREA (SIZE) AND WIDTH VARIANCE — 5577 LAKE ELMO AVENUE 'Ianning Director Klatt updated the Council about the variance request to subdivide the 5.11 acre lot into two new smaller lots, The property is currently zoned Rural Residential which requires a minimum of 10 acres. The Planning Commission supported the draft findings to deny the request based on the following: The proposed lot split is not a reasonable use of property and does not represent practical difficulties for the applicant, any practical difficulties that exist were created by the landowner, and the proposed variances would take an existing non -conforming lot and create two non -conforming lots. Council Members and Planning Director Klatt discussed the potential for consolidation of driveways that could address access and safety concerns; however, Klatt noted that existing easements would likely not allow for additional private or public access. Mayor Johnston discussed that he thought the proposed variance was not consistent with the City's Comprehensive Plan. Council Member Smith asked about the City's water infrastructure and the Open Space Developments that will support it in the future, James Delaplain 16230 4m Ave. N., Plymouth, attorney representing applicant, questioned the "practical difficulties" and noted that they were not applicable as stated in the Findings of Fact. The lot split would be a reasonable use of the property, but the applicant would need to request driveway approval from the Council, Steven VVeber, 5577 Lake Elmo Ave., commented that it had been his parent's intent to split the lot and preserve the rural characteristics of the area. Eileen Bergmann, 5500 Lake Elmo Ave., reviewed the history of the property stating she and husband sold the property to the applicant's father, Ron Weber, in 1978. At that time, the City's zoning code required a minimum of five acres. She expressed concern about the City setting precedent for other rural property owners. LAKE ELMO CITY COUNCIL MINUTES DRAFT Council discussed the safety concerns with another potential driveway access and future congestion. The Comprehensive Plan requires that the City bring services to that part of the City. Attorney Snyder commented that granting the variance to authorize the subdivision of the lots places minimal reasonable restrictions. Council Member Park stated that it was not part of an Open Space Development, and it would not change the character of the area. Engineer Griffin stated to bring utilities efficiently, a coordinated plan would be needed for infrastructure and that it may be expensive. Mayor Johnston commented that Council Member Smith made a compelling argument about the Comprehensive Plan. MOTION: Council Member Pearson moved to adopt a Resolution Denying Lot Area and Width Variances to Allow a Minor Subdivision at 5577 Lake Elmo Avenue North. Council Member Smith seconded the motion. The motion passed 3-1, with Council Member Park voting against. Council Member Park was in favor of the lot split as it was a reasonable use of the oddly -shaped property. LAKE ELMO PARK RESERVE WEST SIDE ACCESS PLAN (Prepared by Washington County) At the request of Washington County, the City of Lake Elmo and Oakdale has been asked to review and provide comments on a plan that was prepared to identify potential opportunities for improving access to the Lake Elmo Park Reserve from the west side of the park property. The Parks Commission has adopted a motion in support of the plan as presented. Planning Director Klatt and Staff has participated in a stakeholder group over the past year. The Planning Commission also reviewed the Plan and provided feedback. Klatt noted that the Plan would tie into the planned greenway belt system to the Park Reserve, circling around the existing Park, and has been drafted to incorporate elements from the Lake Elmo trail plan. Council Member Pearson discussed the proposed parking lots and the opposition by residents on 15th Street. Planning Director Klatt said the County was aware of the parking concerns, and that County recognized the neighbor's request for additional enforcement of the parking restrictions along the public streets. Mayor Johnston stated it is a reserve, not a developed park, and a preserve supports the trails for non -motorized use for the region. He did not support any additional development within the park and noted that the County is allowed to develop only 20% of total park area. It was further noted that when you have a trail, it does impact the wildlife. The City Council requested that Washington County consider improving access in the northeastern portion of the park? Steven Dahly, 8955 15'h St., was not expecting a path along 15 th St reet since the School District ha d determined the road was safe for children to use as a connection to a school bus stop along Inwood Avenue. He suggested that pedestrians and bicyclists could use the road, not the trail. Doug Troupe, 9250 15th St., stated there was no logic to the plan to build a trail through a development, and an off road trail system that would not lead to any specific place. Planning Director Klatt informed the Council that the Parks Commission has decided to begin studying ways to implement the City's trail plan, starting with the proposed trail alignment in the northeast quadrant of the City and connecting the Stillwater Area High School to the Village. Brad Sahr, 9170 15th St., provided a handout and petition. East of Inwood Ave. to 15th St. is .8 of a mile and two thirds more costly for Phase D. The number of visitor estimates information was not provided, and the trail would tarnish and unduly burden East of Inwood Ave. Phase E would be at the City's cost which is East of Inwood Ave. to Keats Ave. Michele Houk, 1532 15th St. Ct.. agreed with Mr. Sahr's comments. It is an unnecessary City expense when there is no great need to have access and does not preserve the character of the City. 4 LAKE ELMO CITY COUNCIL MINUTES DRAFT Lil Linder, 9255 15th St., expressed frustration over an access gate off of Klondike Ave. that prevented access into the park in this location. Council Member Pearson discussed non -motorized access on Klondike Ave, Administrator Zuleger recommended that the Council place the petition on file and provide copies to the Planning and Parks Commission, The City will review the No Parking signs on 15th Street, and talk with the Washington County Sheriffs Office to determine signage. MOTION: Council Member Smith moved to place on file the Petition from the 15th Street neighborhood and to share this petition with the Planning and Parks Commissions. Mayor Johnston seconded he motion. Motion passed 4-0. 2012 CITY OF LAKE ELMO PROGRAM OF WORK CALENDAR City Administrator Zuleger provided the perspective for the 2nd Quarter, stating that several items were already completed. Budget discussions will be conducted earlier. Dean is currently reviewing on office efficiency, code enforcement penalties, nuisance enforcement, building growth, and meeting with residents about stormwater appeals. The 1-94 Corridor discussions have received positive feedback from landowners. Discussion of Parks and Trails, and Fall Festival plans will be forthcoming by June. Council Member Smith updated the Council that the 2011 Fall Festival financials are completed. The meeting was adjourned at 9:59 PM Submitted by Carole Luczak, Interim City Clerk Resolution No. 2012-012: Resolution No, 2012-013: Resolution No, 2012-014: Related to 2012 Assessments to Washington County Establishing Municipal State Aid Streets Denied Lot Area and Width Variances to Allow a Minor Subdivision at 5577 Lake Elmo Avenue 5 CILC T DATE: 04/17/2012 CONSENT ITEM #: . MOTION as part of Consent Agenda AGENDA ITEM: Quarter Financial Report SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Dean A. Zuleger. City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the 1 Quarter Financial Report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a quarterly basis. STAFF REPORT: Attached please find a 1 Quarter summary report highlighting the 2012 first quarterly actual results and compares those results to the 2012 Budget. RECOMMENDATION: Based upon the above background information it is recommended that the City Council receive the quarterly Financial Report as part o f tonight 's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and review. ATTACHMENTS: 1. Memorandum Outlining 1st Quarter Highlights 2. 1st Quarter Financial Report City Council Meeting Quarter Financial Report April 17. 2012 Consent Agenda Item SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda); Questions from Council to ...... ............. Mayor Facilitates - Call for Motion ....... ......... ....... _ ........ ............. Mayor & City Council - Discussion ...... ........................ ........ ........ Mayor & City Council - Action on Motion.................„..... ......... ..... ....... ..... ..... Mayor Facilitates -- page 2 -- Memorandum To: City of Lake Elmo City Council From: Cathy Bendel Date: April 12. 2012 Re: General Fund Revenue/Expenditures through V' Quarter 2012 (Unaudited) The attached report details the key year to day revenue and expense activity for the City of Lake Elmo General Fund for the 1 Quarter of 2012. Each future quarter will be added to this report to have a good snapshot of where actual activity is at year to date compared to budget. The larger variances are highlighted below: Revenues: General Contractor licenses to date are at 89`)/to of budgel due to a much larger volume of construction activity that anticipated in the budget. MSA-Maintenance to date is at 58% of budget and this is the first of two installments. The full year will be $12k over budget. Assessment searches to date are at 90% of budget due to a coordinated effort to make sure to charge for all search requests. On average 5 searches are done per week due to an increased volume of activity in the housing market. Miscellaneous revenue reflects assets sold to date. The Fire Department sold a group of older pagers for $1.6k and the Public Works Department sold the 1989 Chevy 1 ton and a 1979 Roscoe Roller for a combined total of $4.5k. Internal charges reflect the service fee charged for processing performed related to the library card reimbursements. Through Q1, 372 library card reimbursements have been processed at a reimbursement of $2 each. Expenses: All departments are well below their 25°/0 of budget and continue to identify and implement any cost saving measures. A few key items to note: Although the winter was far milder than anticipated, as a result of Public Works having to pre -order salt and sand for the upcoming season, no cost savings will be seen until the fall of 2012 when the City will he able to greatly reduce the order for the next season. Significant insurance premium savings will be seen for 2012. The property and liability coverage will be billed later this month and an estimated savings of 15% is anticipated based on a coverage and classification review with department heads resulting in changes and premium savings. There has already been a savings benefit related to workers compensation coverage of $13k, again as a result of the coverage and classification review with the department heads. Funding Updates: The 2012 Recycling Grant application will be completed and submitted by the end of this month. The anticipated grant amount will be for approximately $15,500 as budgeted. The Fire Department is coordinating with Department heads to pull together the compilation of an application for FEMA Hazard Mitigation Assistance funding. The project is anticipated to cost approximately $40k and if the application for funding is successful, 75% of the funding would be covered by FEMA. The Fire Department is working with the Washington County Park staff to try to get a DNR grant to cover the cost to install dry fire hydrants in the parks of Lake Elmo. More information will be provided as the project progresses. The Finance Department is working with Northland Securities to have a Finance Plan in place to be able to shorten the turnaround time fbr refinancing bonds should there be cost savings opportunities in the future due to low interest rates. Historically the turnaround time for a refinance was up to two months. Having a Finance Plan on file shortens the turnaround window to as little as one week, Since there is no cost until the point in time that a bond rating is requested, there is no downside. This will ensure that no cost savings opportunities are missed. ciiv or Lake Elmo Budget to Actual 01-17 I 01-Gencral Fund Detail REVENUE Over/ BUDGET 01 ",0 of Budget (Under) Cun.crit Ad Valorem Taxes 2.442,903.00 0.00 0.009., (2.412.903.00) Mobile llome Tax 8,000.00 0.00 0.00% (8.000,00) Liquor License 8.000.00 0.00 0.00% (8,000,00) Wastchaulcr License 200.00 0.00 0,00% (200.00) General Contractor License 2.000.00 1,785.00 89.25% (215.00) Numerous license requests! Heating Contractor License 50.00 0.00 0.00% (50.00) Blacktupping Contractor License 50.00 0.00 0.00°,0 (50.00) Building Permits 115,000.00 I 9,384.10 16.86°.ii (95.615.90) Heating, Permits 6.000.00 1,435.00 23.92°,0 (4,565.00) Plumbing Permit3,5(10.00 960.00 27.43V0 (2,540.00) Sewer Permits 300.00 0.00 0.00% (300.00) Animal License 2,000.00 1,140.00 57.00'!ii (860,00) Majority of licenses early in year Utility Permits 5,000.00 621.80 12,44% (4.378.20) Burning Perniits 1,000.00 350.00 35.00°/0 (650.00) M SA -Maintenance 75.000.00 43,789.00 58.39% (3 I.211.00) 1st half 2012: actual will bc $12k over budget State Eire Aid 40,000.00 1.500.00 3.75% (38.500.00) PERA Aid 2,749.00 0.00 0.00% (2.749.00) Gravel Tax 1.000.00 688.63 68.86% (311.37) Recycling Grant I 5.500.00 0.00 0.00% (15,500,00) Cable Franchise Revenue 36.500.00 0.00 0.00% (36,500.00) Zoning and Subdivision Fees 5,500.00 1„152.40 20.95% (4.347.60) Plan Check Fees 38.000.00 7,594.02 19.98",-0 (30,405.98) Copies, books, maps 150.00 6,00 4.00% (144.00) Assessment Searches 200.00 180.00 90.00% (20,00) Avg it" 5 searches per wk lean up Days 3.000.00 0.00 0.00% (3.000.00) Cable Optn Reimbursement 2,000.00 47.50 2.38% (1,952.50) Fines 53.000,00 11,724.31 22.110, (41,275,69) Misc Revenue 6,384.00 6.311.07 9S.86,-0 (72.93) Sale of assets, Chev I ton truck, roscoe roller, pagers Internal Charges 0.00 744.00 NA 744.00 Library card we Fees; not budgeted Interest Earnings 20.000.00 0.00 0.00°,0 (20.000.00) Currently interest only bkd at YE Donations 8.001).00 7,500.00 93.75% (.500.00) Total Revenues 2.900,986.00 106,912.83 EXPENSE, BY DEIll 3.69% (2,794,073.17) 4 10-General Government 965.182.00 179.409.80 18.59°,0 785,777.70 120-Public Safety 1.081,541.00 1(15,546.71 9.76% 975,994.26 430-Public Works 482,749.00 91.764.45 19.01% 390,984.55 45u-Culture Recreation 183,103.00 28,798.85 15.73% 154,304.15 46U-Compensation Adj 13.411,00 0.00 0.00% 13.411,00 493-Other Financing Uses 175,000.00 0.00 0.00°.--0 175,000.00 Total Expenses 2,900.986.00 405,519.84 13.98% 2.495.166.16 Net 0.00 (298,607.011 NA (298.607,01) City of Lake Elmo Building Department Building Permit Detail Summary For Occupancy = A-3,B,R-1,M,R-3,U-1 And Class = Add,Alter,Demolition,New,Remodel,Repair January 2, 2012 Through April 13, 2012 Occupancy B Class of Work: Add Permit # Description of Work/Address 8261 Gasline 11320 Upper 33rd St Date Issued 1/17/2012 Totals for Class of Work: Add Number of Permits = Use of Building Valuation Commercial 1,400 Total Valuation = 1,400 Class of Work: Repair — Permit # Description of Work/Address Date Issued Use of Building Valuation 8301 repair 4/3/2012 Commercial 2,650 11325 Stillwater Blvd 8263 reroof 1/23/2012 Commercial 38,420 11144 Stillwater Blvd 8255 Roof Replacement 1/6/2012 Office Building 33,800 3537 Lake Elmo Ave Totals fOr Class of Work: Repair Number of Permits = 3 Total Valuation = 74,870 Totals for Occupancy: B Occupancy U-1 Number of Permits =4 Total Valuation 76,270 Friday, April 13, 2012 Page 1 of 6 Class of Work: Add Permit # Description of Work/Address Date Issued Use of Building Valuation 8295 accessory structure 3/23/2012 Accessory Building 2,600 8045 59th St 8303 accessory structure/porch overhang/kit. remodel 4/9/2012 Accessory Building 33,163 8539 Lake Jane Tr Totals for Class of Work: Add Number of Permits = 2 Total Valuation = 35,763 1111M11,-, Class of Work: New Permit # Description of Work/Address 8249 accessory structure 617 Julep Ct Date Issued 1/3/2012 Totals for Class of Work: New Number of Permits = Totals for Occupancy: U-1 Occupancy R-3 Class of Work: Add 1111•=•. Use of Building Valuation Accessory Building 59,000 Total Valuation = 59,000 Number of Permits =3 Total Valuation 94,763 Permit # Description of Work/Address Date Issued Use of Building Valuation 8289 addition & remodel (Incld plmg & hvac) 3/13/2012 Single Family Dwelling 45,000 2915 Lake Elmo Ave 8297 addition & remodel (Incld plmg & hvac) 3/27/2012 Single Family Dwelling 68,000 655 Julep Ave 8287 Deck 3/12/2012 deck 10,000 5400 Jamaca Blvd 8274 fence 2/16/2012 Single Family Dwelling 3,000 8945 27 st Friday, April 13, 2012 Page 2 of 6 Class of Work: Add Permit # Description of Work/Address Date Issued Use of Building Valuation 8290 fence 3/16/2012 Single Family Dwelling 3,000 8696 42nd St 8250 Fireplace 1/3/2012 Single Family Dwelling 3,200 4452 Lake Elmo Ave 8258 Fireplace 1/11/2012 Single Family Dwelling 2,000 2976 Lake Elmo Ave 8311 Fireplace 4/13/2012 Single Family Dwelling 3,200 7955 Hill Tr. N. 8309 Porch 4/12/2012 Single Family Dwelling 15,000 4181 Irish Ct. Totals for Class of Work: Add Number of Permits = 9 Total Valuation = 152,400 Class of Work: Remodel Permit # Description of Work/Address Date Issued Use of Building Valuation 8266 Door Replacement 1/27/2012 Single Family Dwelling 1,741 4855 Jerome Ave 8270 interior buildout incld P & H 2/6/2012 Single Family Dwelling 20,000 4348 Lily Ave 8275 Remodel 2/17/2012 Single Family Dwelling 5,000 3047 Klondike Ave 8267 Remodel (including plmg&Htg) 2/3/2012 Single Family Dwelling 25,000 4884 Lily Av 8292 Remodel (including plmg&Htg) 3/19/2012 Single Family Dwelling 25,000 11307 30th St 8272 repair 2/7/20 2 Single Family Dwelling 1,525 3033 Inwood Ave Friday, April 13, 2012 Page 3 of 6 Class of Work: Remodel Permit # 8277 window replacement 974 Jasmine Ave 8279 window replacement 8539 Lake Jane Tr 8276 window replacement/door 8695 Ironwood Tr Totals for Class of Work: Remodel Description of Work/Address' Class of Work: New Permit # Description of Work/Address 8268 New House 11751 58 th st. n. 8269 New House 11165 50 th st, n. 8296 New House 2965 Jonquil Tr. 8310 New House 2950 Jonquil Tr. Totals for Class of Work: Netv Class of ork: Repair Permit # Description of Work/Address 8271 Door Replacement 4911 Olson Lake Tr 8256 repair 8659 Stillwater Blvd Date Issued 2/22/2012 3/2/2012 2/22/2012 Number of Permits = 9 Date Issued 2/3/2012 2/3/2012 3/27/2012 4/13/2012 Number of Permits = 4 Date Issued 2/6/2012 1/11/2012 Use of Building Single Family Dwelling Single Family Dwelling Single Family Dwelling Total Valuation = Use of Building Single Family Dwelling Single Family Dwelling Single Family Dwelling Single Family Dwelling Total Valuation = Use of Building Single Family Dwelling Single Family Dwelling Valuation 4,993 2,600 5,152 91,011 Valuation 460,412 650,000 575,000 437,000 2,122,412 Valuation 3,000 18,500 Friday„lpril 13, 2012 Page 4 of 6 Class of Work: Repair Permit # PlIMORY0 Description of Work/Address 8251 Roof Replacement 3303 Lake Elmo Ave 8282 8281 8291 8293 8294 8299 Roof Replacement (ice & water) 697 Julep Ave Roof Replacement (ice & water) 2359 Legion Ave Roof Replacement (ice & water) 8572 Lake Jane Tr, Roof Replacement (ice & water) 481 Cimarron, Roof Replacement (ice & wa e 5422 Lake Elmo Ave Roof Replacement (ice & water) 5064 Marquess Tr, Ct 8305 Roof Replacement (ice & water) 11291 30th St Totals for Class of Work: Repair Class af Work: Demolition Permit # Description of Work/Address 8260 demolition 11460 Marquess Way Totals for Class of Work: Demolition Totals for Occupancy: R-3 Date Issued sued 3/7/2012 3/7/2012 3/19/2012 3/19/2012 3/22/2012 3/28/2012 4/10/2012 Number of Permits = 10 Date Issued 1/11/2012 Number of Permits = Number of Permits = 33 Use of Building Single Family Dwelling Single Family Dwelling Single Family Dwelling Single Family Dwelling Mobile Home Single Family Dwelling Single Family Dwelling Single Family Dwelling Total Valuation = Use of Building Single Family Dwelling Total Valuation = Total Valuation Valuation 2,000 13,000 4,900 9,000 1,201 14,524 8,000 6,900 81,025 Valuation 6,000 6,000 2,452,848 Friday, April 13, 2012 Page 5 of 6 Grand Total: Number of Permits 40 Total Valuation = 2,623,881 Friday, April 13, 2012 Page 6 of 6 City of Lake Elmo Building Department Plumbing Permit S e ail Summary January 2, 2012 Through April 13, 2012 Permit # 8307 8308 Description ofWork Date Issued Valuation alter resd plmg 4/11/2012 5,000 alter resd plmg & gasline 4/11/2012 5,000 8269 New Residental 8265 Remodel Commercial 8268 Resd plmg/water /sewer connect. 8296 Resd plmg/water /sewer connect, 8310 Resd plmg/water /sewer connect. 8278 water heater install 8283 water heater install Total Number of Permits = 9 2/3/2012 35,000 1/27/2012 1,000 2/3/2012 35,000 3/27/2012 30,000 4/13/2012 30,000 3/2/2012 3,500 3/7/2012 500 Total Valuation = 145,000 Friday —April 13, 2012 Paoe City of Lake Elmo Building Department VAC Per it 1 etail Summary January 2, 2012 Through April 13, 2012 Permit # Description If Work 8269 HVAC-residential 8268 HVAC-residential 8280 HVAC-residential 8296 HVAC-residential 8310 HVAC-residential 8261 New Commercial 8248 replace furnace 8252 replace furnace 8253 replace furnace 8254 replace fumace 8257 replace furnace 8259 replace furnace 8262 replace furnace 8273 replace furnace 8284 replace fumace 8285 replace furnace 8286 replace furnace 8302 replace furnace/AC 8306 replace furnace/AC Total Number of Permits = 19 Friday„4pril 13, 2012 Date Issued Valuation 2/3/2012 30,000 2/3/2012 30,000 3/5/2012 6,800 3/27/2012 25,000 4/13/2012 25,000 1/17/2012 1,400 1/3/2012 3,150 1/6/2012 1,650 1/6/2012 3,000 1/6/2012 3,400 1/11/2012 1,775 1/11/2012 2,787 1/18/2012 2,000 2/9/2012 1,750 3/12/2012 2,300 3/12/2012 3,500 3/12/2012 4,200 4/3/2012 6,287 4/10/2012 9,770 Total Valuation = 163,769 Page 1 of 1 LLJ AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: )AT DATE: 4/17/2012 CONSENT ITEM #: 2 MOTION as part of Consent Agenda Approve Disbursements in the Amount of $180,187.74 Cathy Bendel, Finance Director Dean Zuleger, City Administrator Joan Ziertman, Finance Consultant SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $180,187.74. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFO ATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary ofcurrent claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH Amount $ 7,068.62 $ 1,204.65 $ 4,176.52 DD3886 — DD3921 $ 25,846.99 38259-38261 $ 941.42 38262-38311 $ 139,869.54 1394-1411 $ 1,080.00 TOTAL $ 180,187.74 Description Payroll Taxes to IRS 4/5/2012 Payroll Taxes to MN Dept. of Revenue 4/5/2012 Payroll Retirement to PERA 4/5/2012 Payroll Dated 4/5/2012 (Direct Deposit) Payroll Dated 4/5/2012 (Payroll Paper Checks) Accounts Payable Dated 4/17/2012 Accounts Payable Dated 4/17/2012 (Library Checks) City Council Meeting Approval of Disbursements April 17, 2012 Consent Agenda Item fl2 STAFF PORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $180,187.74. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. lf done so, the appropriate action of the Council following such discussion would be: "Move to approve the April 17, 2012, Disbursements as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 4/17/2012 SUGGESTED 0 ER OF BUSINESS (if removed ,from the Consent Azenda): - Questions from Council to Staff._ ..... ..... . ...... Mayor Facilitates - Call for Motion ......... ................... ...... Mayor & City Council - Discussion ................ ...... . ................ ........................... .... Mayor & City Council - Action on Motion. ........ ..... ....................................,........... Mayor Facilitates -- page 2 -- MAYOR & C U C CO U CATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: 4/17/2012 CONSENT ITEM #: MOTION as part of Consent Agenda Approve Disbursements in the Amount of $70,016.81 Cathy Bendel, Finance Director Dean Zuleger, City Administrator REVIEWED BY: Joan Ziertman, Finance Consultant SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $70,016.81. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH DD3886 — DD3921 38259-38261 38262-38311 1394-1411 Amount $ 7,068.62 1,204.65 $ 4,176.52 $ 25,846.99 941.42 $ 29.698.61 S 1,080.00 TOTAL $ 70,016.81 Description Payroll Taxes to IRS 4/5/2012 Payroll Taxes to MN Dept. of Revenue 4/5/2012 Payroll Retirement to PERA 4/5/2012 Payroll Dated 4/5/2012 (Direct Deposit) Payroll Dated 4/5/2012 (Payroll Paper Checks) Accounts Payable Dated 4/17/2012 Accounts Payable Dated 4/17/2012 (Library Checks) City Council Meeting. Approval of Disbursements April 17. 2012 Consent Agenda Item STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $70,016.81. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the April 17, 2012, Disbursements as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 4/17/2012 SUGGESTED ORDER OF BUSINESS (if rentoved from the Consent Auenda): Questions from Council to Staff ....................... Mayor Facilitates Call for Motion ...... ..... ........ ..................... ...... Mayor & City Council Discussion ..... ........ ......... ..................... ...... Mayor & City Council Action on Motion ........ ...... ........ ....... ....... . ......... Mayor Facilitates -- page 2 -- Accounts Payable To Be Paid Proof List User: Joan z Printed: 04/12/2012 - 12:40 PM Batch: 002-04-2(112 Invoice # Inv Date Amount Quantily Pmt Date Description Reference Task Type PO # Close POLine # ACE11 ARO Acc Hardware , Inc 119926 03/19/2012 22.13 0,00 04/17/2012 Chlorine Vent Piping and Hardware No 0000 601-494-94(10-44030 Repairs\Maint Imp Not Bldgs 119926 03/19/2(112 37.25 0.00 1)4/17/2(112 Drill Bits No 0000 601-494-9400-42400 Small Tools & Minor Equipment I 19926 Total: 59.38 120826 04/09/20 12 26.11 0.00 04/17/2012 Basketball Goal Nets No 0000 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 120826 Total: 26. I I ACEHARD Total: 85.49 ALEXANDR Alexandria Technical College 66819 03/22/20 I 2 44.00 0,00 04/17/2012 Safety Officer X 2, Witter & Hauser No 0000 101-420-2220-44370 Conferences & Training 66819 Total: 44.00 ALEXANDR Total: 44,00 ARAM Aramark, Inc, 629-7464093 03/29/20 12 22.91 0.00 04/17/2012 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7464093 Total: 22.91 629-7465920 (14/02/2012 182.14 0,00 04/17/2012 Linen - City Hall No 0000 1(11-410-1940-4401 0 Repairs/Maint Contractual Bldg 629-7465920 Total: 182.14 ARAM Total: 205.05 ASPENMI Aspcn Mills, Inc. 119518 03/26/2012 34.95 0.00 04/17/2012 Pants, Winkels No 0000 101-420-2220-44170 Un i limns 119518 Total: 34.95 119519 03/26/2012 191.72 0,00 04/1712012 Shirts, Pants, Brass, G. Malmquist No 0000 11)1-420-222(1-44170 Uniforms AP - To Be Paid Proof List (04)12/12 - 12:4(1 PM) Page 1 Invoice # Inv Date I 19519 Total: 119520 03/26/2012 1(11-420-2220-4417(1 Uniforms 119520 Total: 119521 03/26/20 12 101-420-2220-44170 Uniforms 119521 Total: ASP ENM1 Total: BUTS Biffs Inc. W458215 04/12/2012 101-450-5200-44120 Rentals - Buildings W458215 Total: RIFFS Total: C&J CONS C & J Consulting Services, LLP March 2012 04/03/2012 101-4 I 0-1520-43150 Contract Services March 2012 Total: C&J CONS Total: Amount Quantity Pnit Date Description Reference Task Type PO # Close POLine # 191.72 72.03 0,00 04/17/2012 Nametags, Haire, Goodspeed, Cornell, Zie 72.03 22.00 0.00 04/17/2012 Belt, B. Sachs 22,00 320.70 61.29 0.00 0411712012 Portable Restrooms 61 29 61.29 No 0000 No 0000 No WOO 5,775,00 0.00 04/17/2012 Monthly Accounting - March 2012 No 0000 5,775.00 5,775.00 CARQU EST Car Quest Auto Parts 6971-266383 04/02/2012 74.81 0.00 04/17/2012 Fucl Putnp, Air Fuel Filters No 0000 101-450-5200-42210 Equipment Parts 6971-266383 04/02/2012 43.61 0.00 04/17/2012 Grease, Stabilizer, Oil No 0000 101-450-5200-42120 Fucl, Oil and Fluids 6971-266383 Total: 118.42 CARQU EST Total: 118.42 COMCAST CONICAST 03/27/2012 03/27/2012 7.90 0,00 04/17/2012 Monthly Service No 000' 101-42(1-2220-44300 Miscellaneous 03/27/2012 Total: 7.90 COMCAST' Total: 7.90 ('OM P ENSA Compensation Consultants, Ltd April 12 1)3/29/2012 40,00 0.00 04/17/2012 Monthly FSA Admin Fee - April 2012 101-410-1320-44300 NI i see I an eo u s April 12 Total: 40.00 No 0000 AP - To Be Paid Proof List (04/I 2/12 - 12:4(1 PM) Page 2 invoice it lily Date Amount Quantity Pint Date Description Reference Task Type PO tt Close POLine t/ COM PENSA Total: 40.00 COVERALL Coverall of The Twin Cities 7(170176617 04/01/2012 321.38 0.00 04/17/2012 Cleaning City Hall & anne No 0000 I 01-410-1940-440 I() Repairs/Maint Contractual Bldg 7070176617 Total: 321.38 COVERALL Total: 321.38 CTYB LOOM City or Bloomington March 2012 03/31/2012 40.00 0,00 04/17/2012 Lab Bacteria Tests No 0000 601-494-9400-42270 Utility System !Maintenance March 2012 Total: 40.00 CTY BLOOM Total: 40.00 CTYOAKDA City or Oakdale 10000460-01 03/29/2012 2,777.66 0.00 04/17/2012 Water Service 194 No 0000 601 -494-9400-43820 Water Utility 10000460-0 l Total: 2,777.66 201203303146 03/30/2012 342,92 0.00 04/17/2012 E I Generator Repair No 0000 101-420-2220-44040 Repairs/Maint Eqpt 201203303146 Total: 342.92 CTYOAKDA Total: 3,120,58 CT YROS EV City of Roseville 215925 04/02/2012 1,652.08 0.00 04/17/2012 Monthly IT Services - April 2012 No 0000 101-4 10-1450-43180 Information Technology/Web 215925 'Fotal: 1,652.08 CTYROSEV Total: 1,652.08 CUMMINGS Cummings Mary Jo 04/11/12 04/11/2012 2,700.00 0,00 04/17/2012 Library Consulting 3/27/12-4/12/12 No 0000 206-450-5300-43150 Contract Services 04/1 III 2 Total: 2,700.00 CUMMINGS Total: 2.700.00 EMERGAPP Emergency Apparatus Maint, INC 60818 03/26/2012 723.48 0,00 04/17/2012 Pump Repairs to LI 101-420-2220-44040 Repairs/Maint Eqpt 60818 Total; 723.48 No 0000 AP - To Be Paid Proof' List (04/12/12 - 12:40 PM) Page 3 Invoice # [n'v Date 608 I 9 03/26/2012 101-420-2220-44040 Repairs/Maint Eqpt 60819 Total: EM ERGAPP Total: ERGA VT Emergency Automotive tech, Inc 20480 03/27/2012 101-420-2220-44040 Repairs/Maint Eqpt 20480 Total: EMERGAUT Total: ENVENT1S ENV ['NHS 737500 04/01/2012 101-410-1940-43210 Telephone 737500 04/01/2012 101-43(1-310(1-43210 Telephone 737500 Total: ENVENTIS Total: FOCUS Focus Engineering, Inc. 164 & 165 04/11/2012 101-410-1930-43030 Engineering Services 164 & 165 04/11/2012 101-410-1910-43030 Engineering Services 164 & 165 Total: 166 04/11/2012 101-420-2400-43030 Engineering 166 04/11/2012 101-410-191(1-43030 Engineering Services 166 04/11/2012 404-48(1-8000-43030 Engineering Services 166 04/11/2012 101-430-3100-43030 Engineering Services 160 04/11/2012 601-494-9400-43030 Engineering Services 166 04 i I I 2012 602-495-9450-43030 Engineering Services 166 04/11/2012 603-496-9500-43030 Engineering Services 166 Total: 167 04/12/2012 409-48(1-81)00-43030 Engineering Services Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 482.85 0.00 04/1712012 Pump Repairs to E2 482.85 1,206,33 120.56 0.00 04/17/2012 Repair emergency lights on E I 120.56 120.56 572.82 0.00 04/17/2012 Telephime/Data Service - City hall April 456.10 0,00 04/17/2012 Telephone/Data Service - PW - April 1,028.92 1,028.92 7,734.76 0.00 04/17/2012 General Engineering 225.00 0.00 04/17/2012 General Engineering 7,959.76 607.50 0.00 04/17/2012 General Engineering - VRA 1,258,64 0.00 04/17/2012 General Engineering - VRA 104,00 0.00 04/17/2012 General Engineering - VRA 517.50 0,00 04/17/2012 General Engineering - VRA 3,692.63 0.00 (14/17/2012 General Engineering - VRA 2,867.50 0,00 04/17/2012 General Engineering - VRA 3,862.50 0.00 04/17/2012 General Engineering - VRA 12,91(1.27 297,50 0.00 04/17/2012 Transportation & Traffic Systems N o No No No 0 0 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Pai,' "roof Lisi (04/12/12 - 12140 PM) Page 4 Invoice # Inv Date 167 04/12/2012 409-480-80(10-43030 Engineering Services 167 04/12/2012 4(19-480-8000-43030 Engineering Services 167 04/12/2012 409-480-8000-43030 Engineering Services 167 04/12/2012 409-480-8000-43030 Engineering Services 167 04/12/2012 409-480-8000-43030 Engineering Services 167 Total: 168 04/11/2012 203-490-9070-4303(1 Engineering Services 168 Total: 169 04/11/2012 418-480-8000-4303(1 Engineering Services 169 Total: 170 04111/2012 413-480-8000-43030 Engineering Services 170 Total: 171 04/11/2012 420-480-8000-43030 Engineering Services 17! Total: 172 04/11/2012 601-494-9400-43030 Engineering Services 172 Total: 173 04/11/2012 601-494-9400-43030 Engineering Services 173 Total: 174 04/11/2012 601-494-9400-43030 Engineering Services 174 Total: 175 04/11/2012 419-480-8000-43030 Engineering Services 175 Total: FOCUS Total: GOPHER Gopher State One -Call 35494 04/05/2012 101-430-3 100-43150 Contract Services 35494 Total: GOPHER Total: Amount Quantity Pmt Date Description Reference Task Type 1'0 # Close POLine # 606.00 2,776.69 492,00 1,389.00 225.00 5,781.19 0.00 04/17/2012 Street Maintenance 0.00 04/17/2012 0.00 04/17/2(112 0.00 04/17/2012 0.00 04/17/2012 Municipal Aid System Capital Improvement Planning 2012 Seal Coat Project Wash Cty Demo Trail Reclaim Project 247,50 0.00 04/17/2012 Development - Whistling Valley 774.50 0,00 04 7/20 2 2011 Street Improvement Feasibility 380.64 0.00 04/17/2012 Lake Elmo Area Village Eng. Support 2,534,00 0,00 04/17/2012 10th Street infrastructure Planning 3,197.49 0.00 04/17/2012 Supply Well & Pumphouse 4 88.50 0.00 04/17/2012 3M Litigation 531.50 0,00 04/17/2012 Lake Elmo Water system Chlorination 2,257,49 0.00 04/17/2012 Demontreville Highlands Area- Feas 247.50 774.50 380.64 2,534,00 3,197.49 88.50 531.50 2,257.49 36,662.84 105,85 0,00 04/17/2012 Line Locates - March 2012 105.85 105,85 No No No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof' List (04/12/(2 - 12:40 PM) Page 5 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task Type PO # Close POLine # HARDDR1V Harddrives, Inc. Final Cert 44 04/19/2012 42,210.53 418-480-8000-4530(1 Improvements Other Than Bldgs Final Cert 44 Total: 42,210,53 HARDDRI V Total: 42,210,53 0,00 04/17/2012 2(111 Street & Water tummy - Final No 0000 110LIDAYC I loliday Credit Office (13/15/2(112 03/15/2012 435.84 0.00 04/17/2012 Fuel No 0000 1(11-420-2220-42120 Fuel, Oil and Fluids 03/15/2012 'Total: 435,84 HOLIDAYC Total: 435.84 HP Hewlett-Packard Company Multiple 02/28/2012 1,314,81 0.00 04/17/2012 City Administrator Laptop No 0001 410-480-8000-45700 011ice Equipment & Furnishings Multiple Total: 1,314.81 HP Total: 1,314.81 JOHNDAVI Johnson David Ck Req 04/09/201 2 603-000-0000-37100 Surface Water Utility Sales Ck Rey Total: JOH NDAVI Total: 50,00 0.00 04/17/2012 Refund Overpayment of SW account No 0000 50,00 50.00 KAMCO Kamen, Corp 3675 03/27/2012 180.00 0,00 04/17/2012 Limb & Drop Large Oak - 32nd No 0000 602-495-9450-44300 Miscellaneous Expenses Drainfield 3675 Total: 180.00 KAMCO Total: I 80,00 K DV Kem DeWenter Viere Ltd 144311 03731/2012 101-410-1520-43 150 Contract Services 144311 Total: KDV Total: 5,265.00 0.00 (14/17/2012 Financial Services - March 2012 No 0000 5,265,00 5,265.00 LARSON LARSON DIESEL SERVICE, Corp 120301003 03/01/2012 421.46 0.00 04/17/2012 Fuel Regulator Repair 06-1 101-430-3125-44040 RepairsiM aint Eqpt 120301003 Total: 421.46 No 0000 AP - To Be Paid ['roof List ((14/12/12 - 12:40 PM) Page 6 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # LARSON Total: 421.46 LLAGMN League of MN Cities 1 65422 04/03/2012 99,00 0.00 04/17/2012 2012 Annual Conference No 0000 101-410-132(1-44370 Conferences & Training 165422 Total: 99,00 LEAGMN Total: 99.00 LEOIL Lake Elmo Oil, Inc. Multiple 03/02/2012 5,206.41 0,00 04/17/2012 Fuel No 0000 101-430-3120-42120 Fuel, Oil and Fluids Multiple Total: 5,2(16,41 LEOIL Total: 5,206.41 Lillie Newspapers Inc. Lillie Suburban 03;29/2012 03/29/2012 34.85 0.00 04/17/2012 Legal Publishing - Ordinances No 0000 101-410-1320-43510 Legal Publishing 03/29/2012 Total: 34.85 Lillie Total; 34.85 LOFF Loffler Companies, Inc. 1383986 04/02/2(112 251.14 0.00 04/17/2012 Copy Machines Overage & Base - No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt April 12 1383986 Total: 251.(4 LOFF Total: 251,14 LUCZAK Carole Luczak Ck Req 03/04/2012 91.56 0.00 04/17/2012 Mileage MCFOA Conference No 0000 101-410-1320-43310 Mileage Ck Req 03/04/2012 36.00 0.00 04/17/2012 Reimb Meals MCFOA Conference No 0000 101-410-1320-44370 Conferences & Training Ck Req Total: 127.56 LUCZAK Total; 127.56 MARONEYS Maroney's Sanitation, Inc 426589 04/05/2012 108.32 0.00 04/17/2012 Waste Removal - City Hall 101-410-1940-43840 Refuse 426589 04/05/2012 47,68 0.00 04/17/2012 Waste Removal - Fire 101-420-2220-43840 Refuse No 0000 No 0000 AP - To Be Paid Proof List (04/12/12 - 12:41) PM) Page 7 1111Noice Inv a 426589 04/05/2012 1(11-43(1-310(1-4384(1 Refuse 426589 04/05/2012 101-450-5200-4384(1 Refuse 426589 Fotal: MARONEYS Total: Amount Quantity Putt Date Description Reference Task Type PO # nose POLine # 207.82 0.00 04/17/2012 Waste Removal - Public Works No 0000 207,82 0.00 04/17/2012 Waste Removal - Parks No 0000 571.64 571.64 MENARDSO Menards - Oakdale 76732 (13/27/21)12 7.45 0,00 04/17/2012 4 X 4 post -mailbox Repair No 0000 101-430-3125-42250 Landscaping Materials 76732 Total: 7.45 MENARDSO Total: 7.45 MEIC011 Metropolitan Council 986142 04/03/2012 602-495-9450-43820 Sewer Utility - Met Council 986142 'fetal: METCOU Total: 1,081.28 0,00 04/17/2012 Monthly Wastewater Service - April No 0000 2012 1,08E28 I .081.28 MILLEREX Miller Excavating, Inc, 16117 03126/2012 315.00 0.00 04/17/2012 Grading Gravel Roads No 0000 101-430-3120-43150 Contract Services 16117 Total: 315,00 M1LLEREX Total: 315.00 NCPERS 566200-NCPERS MINNESOTA 5662212 03/23/2012 48.00 0.00 04/17/2012 March 2012 Deductions No 0000 101-000-0000-21708 Other Benefits 5662212 Total: 48.00 NCPERS Total: 48.00 PITNEY Pitney Bowes 376476 05/03/2012 101-410-1940-44010 Repairs/Mail-it Contractual Bldg 376476 Total: PITNEY Total: P ITN EYRE Reserve Account Pitney Bowes 04/10/2012 04110/2012 101-410-1320-43220 Postage 240.33 0.00 04/17/2012 Postage Machine Rental No 0000 240,33 240,33 500.0(1 0.00 04/17/2012 Postage No 0000 AP - To Be Paid "roof List (04/12/12 - 12:40 PM) Page 8 Invoice # Inv Date Amount Quantity Pnit Dale Description Reference Task Type PO # Close POLine # 04/10/2012 Total'. 500.00 PITNEVRE Total: 500,00 PLANTH PLANT HEALTH ASSOCIATES, INC 1081-12 1)4/01/2012 487,50 0.00 04/17/2012 Forester Services - March 20 12 No 0000 101-430-3250-43150 Contract Services 1081-12 Total: 487.50 PLANTH Total: 487.50 POSTOFF I POSTMASTER 04/03/2012 04/03/2012 500.00 0.00 04/17/2012 Newsletter No 0000 101-410-1450-43510 Public Notices 04/03/2012 Total: 500.00 POSTOFF1 Total: 500.00 I'RESSA Anastasia Press 04/03/2012 04/03/7012 101-410-1450-43620 Cable Operations 04/03/2012 Total: 04/10/12 04/10/2012 101-4 I 0-1450-43620 Cahlc Operations 04/10/12 Total: PRESSA Total: PROSFAFF PROSTAFF 102-852413 03/29/2012 101-410-1320-41010 Full-time Salaries 102-852413 Total: 102-853166 04/05/2012 101-410-1320-41010 Full-time Salaries 1(12-853166 1 otal: PROSTAFF Total: RIVRCOOP River Country Cooperative 03/31/2012 03/31/2012 101-420-2220-42120 Fuel, Oil and Fluids 03/31/2012 Total: RIVRCOOP Total: 55.00 0.00 04/17/2012 Cabled Live 4/3/12 CC Meeting 55.00 41.25 0.00 04/17/2012 4/10/12 Cable Workshop 41.25 96.25 625.81 0.00 04/17/2012 Temp help WE 3/25/12 625.81 620.0(1 0.00 04/17/2012 Temp WE 4/1/1 2 620,00 1,245.81 616.59 0.00 04/17/2012 Fuel 616.59 616.59 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (04/)2/12 - 12:40 PM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ROSEFLOR Rose Floral & Greenhouse 525529 04/30/2012 117.78 0.00 04/17/2012 Funeral Arrangement - VanZandt No 0000 101-410-1320-44330 Dues & Subscriptions 525529 Total: 117.78 ROSEFLOR Total: 117.78 SAMSCLUB Sain's Club 04/03/2012 04/03/2012 39.80 0,00 04/17/2012 Rchah Supplies No 0000 101-420-2220-44300 Miscellaneous 04/03/2012 04/03/2012 10.58 0.00 04/17/2012 City I tall Supplies No 0000 101-410-1320-44300 Miscellaneous 04/03/20 12 Total: 50.38 SAMSCLUB Total: 50.38 SW/WC SW/WC Service Cooperatives 04101112 03/28/2012 11,361,00 0,00 04/17/2(112 April 2012 Premiums No 0000 101-000-0000-2 I 706 Medical Insurance 04/01/12 Total: 11,361.00 SW/WC Total: 11,361.00 TASCII T.A. Schifsky & Sons Inc 52835 04/02/2012 288.19 0.00 04/17/2012 Asphalt No 0000 101-43(1-3120-42240 Street Maintenance Materials 52835 Total: 288.19 TASC'H Total: 288.19 VISALL40 VISA 03/07/2012 03/07/2012 61,0)) 0.00 04/17/2012 Stock Photo Purchase for Website No 0000 101-4 I 0-1320-43090 Newsletter/Website 03/07/2012 03/07/2012 68.16 0.00 04/17/201 2 Training in New Ulm - Luczak No 0000 101-410-1320-44370 Conferences & Training 03/07/2012 03/07/2012 197,76 0.00 04/17/2012 Lodging Sec Fire School - Hauser No 0000 101-420-2220-44370 Conferences & Training 03/07/2012 03/07/2012 197.76 0.00 04/17/2012 Lodging Sec Fire School - Witter No 0000 101-420-2220-44370 Conferences & Training 03/07/2012 03/07/2012 286.56 0.00 04/17/2012 Lodging MCFOA Conference - Luczak No 0000 101-410-1320-44370 Conferences & Training 03/07/2012 03/07/201 2 43.37 0.00 04/17/2012 Ink Cartridge - Planning Dept No 0000 101-410-1910-42000 Office Supplies 03/07/2012 Total: 854,61 AP - To 13e Paid Proof List (04112/12 - 12:40 PM Page 10 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type l'O # Close POLine # VISA [TAO Total: 854.61 WASRAOIO WASHINGTON COUNTY 71994 03/29/2012 3,800.76 0.00 04117/2012 1/4rly user lee for 800 MHz radios No 0000 101-420-2220-43230 Radio 71994 03/29/2012 114,00 0.00 04/17/2012 Radio Repair/maintenance fund No MOO 101-420-2220-43230 Radio 71994 Total: 3,914.76 WASRADIO Total: 3,914.76 XCEL Xcel Energy 51-0117417-0 04/10/2012 35,59 0.00 04/17/2012 Welcome Sign No 0000 101-43(1-3160-43810 Street Lighting 51-0117417-0 Total: 35.59 51-4504807-7 04110/2012 46.33 0.00 04/17/2012 Lights at Legion Park No 0000 101-450-5200-43810 Electric Utility 51-4504807-7 04/10/2012 72.20 0.00 04/17/2012 Lift Station No 0000 602-495-9450-43810 Electric Utility 51-4504807-7 04/10/2012 30,77 0.00 04/17/2012 Traffic Lights No 0000 101-430-3160-43810 Street Lighting 51-4504807-7 Total: 149,30 51-4572945-7 04/10/2012 29.71 0.00 04/17/2012 Street Lights No 0000 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 29,71 51-4576456-3 04/10/2012 549.59 (1.00 04/17/2012 Fire Station #2 No 0000 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 549.59 51-4580376-5 04/10/2012 315.73 0.00 04/17/2012 City Hall No 0000 101-410-1940-43810 Electric Utility 51-4580376-5 04/10/2012 28,99 0.00 04/17/2012 Traffic Lights No 0000 101-430-3160-43810 Street Lighting 51-4580376-5 04/10/2012 455.36 0,00 04/17/2012 City Hall No 0000 101-410-1940-43810 Electric Utility 51-4580376-5 Total: 800.08 51-4733556-8 04/10/2012 21.67 0.00 04/17/2012 Tennis Courts No 0000 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 21,67 51-5044219-0 04/10/2012 146,57 0.00 04/17/2012 Parks Building No 0000 101-450-5200-43810 Electric Utility 51-50442 l 9-0 Total: 146,57 51-5275289-3 04/10/2012 10.17 (1.00 04/17/2012 Pebble Park No 0000 101-450-5200-438 I 0 Electric Utility 51-5275289-3 Total: 10.17 AP - To Be Paid Proof List (14112/12 - 12:40 PM) Page 11 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 51-5356323-8 04/10/2012 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 51-5522332-2 04/10/2012 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 (14/10/2012 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 04/10/2012 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429583-8 04/10/2012 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 51-6433976-2 04/10/2012 1(11-42(1-2220-4381(1 Electric Utility 51-6433976-2 Total: 51-6736544-2 04/10/2012 1(11-431)-3160-43810 Street Lighting 51-6736544-2 Total: 51-6928283-3 (14/10/2012 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 51-6956201-4 04/10/2012 1(11-450-5200-4381(1 Electric Utility 51-6956201-4 Total: 51-7538112-1 04/10/2012 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 51-8126093-5 04/10/2012 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 51-8711719-3 04/10/2012 1(11-431)-3160-43810 Street Lighting 51-8711719-3 Total: XC EL Total: 1,352.24 0,00 04/17/2012 Wells 1 & 2 No 0000 1,35/.24 39.92 0.00 04/17/2012 Traffic Lights No 0000 39.92 166.05 0.00 04/17/2012 Arts Center No 0000 I 66.05 20.43 0.00 04/17/2012 I ift Station No 0000 20.43 17.66 0.00 04/17/2012 Lift Station No 0000 17.66 352.32 0,00 04/17/2012 Fire Station /11 No 0000 352,32 1,970.18 0.00 04/17/2012 Street Lights 0000 1,970.18 /8.22 0.00 04/17/2(312 Traffic Lights No 0000 28.22 49.95 0.00 04/17/2012 VFW Bonfield Lights No 0(100 49.95 2,481,96 0.00 04/17/2012 Public Works No 0000 2.481.96 125.98 0.00 04/17/20)2 Water Tower 2 No 0000 125.98 12.39 0.00 04/17/2012 Speed sign Hwy 5 No 0000 12.39 8,359.98 Report Total: 139,869.54 AP - To Be Poi(' --)of List 014/12/12 - 12:40 OM) )'age I 2 YO c.0 CILC DATE: CONSENT ITEM #: 3 MOTION as part of Consent Agenda CT AGENDA ITEM: Test Well No. 4 — Pay Request No. 1 (Final) SUBMITTED BY: jack Griffin, City Engineer THROUGH: Dean A. Zulee,-er, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Mike Bouthilet, Public Works Ryan Stempski, Assistant City Engineer 04/17/2012 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting the work for Test Well No. 4 as recommended by the City Engineer and approving Pay Request No. 1 (Final) to Kimmes-Bauer Well Drilling. Inc., the Contractor for the project, in the amount of $35,792.50. The warranty period started on March 22, 2012, and extends to March 22, 2013. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT AND BACKGROUND INFORMATION: The Well Drilling work for Test Well No, 4 has been completed, including restoration and punch list items. The project Certificate of Completion has been prepared by the City Engineer, and the one-year warrant), period has been established. Pay Request No. 1 (and Final Payment) in the amount of $35,792.50 has been requested by the Contractor, Kimmes-Bauer Well Drilling, inc., based upon actual quantities installed. The pay request has been reviewed and the quantities installed have been verified. The original construction contract to Kimmes-Bauer was in the amount of $ 2,765.00 based upon estimated quantities. Additional pay quantities were needed, in particular, to complete the grouting of the annual space between the casing pipe and the aquifer. The pre -bid construction cost estimate for Test Well No. 4 was $53,410. The contractor bids received ranged from $32.765 to $51,454. RECOMMENDATION: Based upon the above staff report and background information, it is recommended that the City Council, as part of the Consent Agenda, consider accepting the work for "Test Well No. 4 as recommended by the City Engineer and approving Pay Request No. 1 (Final) to Kimmes-Bauer Well Drilling, Inc., the Contractor for the project, in the amount of S35,792.50. page 1 -- City Council Meeting Test Well No. Pay Request No. 1 (Final) April 17. 2012 Consent Agenda Item #3 Alternatively. the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and/or, if appropriate. amend the recommended motion prior to taking, action. if the latter is done so, the appropriate action of the Council following_ such discussion would be: "Move to accept the work for Test Well No. 4 as recommended by the Cit-y Engineer and approve Pay Request No. 1 (Final) to Kimmes-Bauer Well Drilling, Inc. in the amount of $35,792.50. land amended and/or modified at tonight's meetingJ." ATTACHMENTS: 1. Certificate of Completion 2, Pay Request No. 1 (Final) SUGGESTED OltDER. OF BUSINESS (if removed front the Consent Agenda): Questions from Council to Staff ..... ......, ..... ............. Mayor Facilitates Call for Motion ........... ........... ..... ......... ..... ..... Mayor & City Council - Discussion ...... ...... Mayor & City Council - Action on Motion ....... .............. Mayor Facilitates page 2 -- CITY OF 1 Akr.ILft TEis-f, \VPLi ,„,-(:j 4 CERTIFICATE OF COMPLETION DATE OF ISSLANCH: April 17. 2012 OWNER: CONTRACTOR: PROJECT NAME: PROJECT NO.: CITY OF LAKE ELMO. MN KIMMES-BALER WELL DRILLING_ INC. TEST WELL NO. 4 2011.129 This Certiiieation of Completion applies to all work under the Contract Documents This Certification of Completion applies to the Following specified parts of the Contract Documents do hereby eertil that the w ork to which this Certificate applies has been constructed in accordance with the Contract dated January 10. 2012. and related Contract Documents as prepared b:, SEH. Inc. dated January 4. 2012. The above -mentioned improvement is hereby declared to be complete and acceptance of this \vorl: is recommended. DATE OF COMPLETION: March 22. 2012 Johry (Jack) W. Cirir- Reg. No, 22492 A I • S Engince ng. THE WARRANTY PERIOD BEGINS March 2.1201 - AND ENDS March 22. 2013 .11Niliiiihiliiimmillilli1141111411liolHill,1111111114101illu1141111,111111411111, WELL INC, Bill To Kimmes-Bauer Well Drilling, Inc. 22100 Lillehei Avenue Hastings, Minnesota 55033 (651) 437-1973 kimmesbauer@gmail.com City of 1ake Elmo 3800 Lai eme Avenue No, Lake Elmo, Minnesota 55042 P.O. Number Quantity 1 ,L1 81 LI 209 ,L1 2 6 2 1.5 iL2 24 2 PEA Date 3/12/2012 Ship To Unique No. 779064 11240 50th Street N. Lake Elmo, MN 55042 Test Well No.4 Invoice Invoice # 39499 Terms Rep Ship Via F.O.B. Project Due Upon Receipt kH 3/12/2012 Item Code Description Price Each Amount Thank- you for yo business! [Item No. 1] Mobilization & Demobilization [Item No. 2] Drifl & Drive 10' Casing to 81 Ft, [Item No. 3] Drill 10' Open Hole to 209 Ft. [Item No, 4] Gamma Log Open Hole [Item No. 5] install 6" Casing to 210 Ft. [Item No. 6] Grout .Annular Space between Casing 20 Yds. [Item No. 7} Install Grouting Packer [Item No. 8] Development Equipment Installation [Item No, 9] 5 Hrs. of Air Developing Well [Item No. 10} Furnish & Install Test Pumping System [Item No. 11] Furnish & Install Electronic Data Logger in Test & Monitor [Item No. 12] Operate Test Pump & Record Water Levels [Item No. 13] Record Recovery Water Levels after Pump Shutdown [Item No, 14] Furnish & Install Steel Overlapping Well Cap & Padlock [Item No. 15] Water Sampling K. Analysis [Item No, 16] Remobilize. Abandon & Scat Well (Not yet completed) [Item No, 17] 24 Cubic Yards of 1 1/2" Course ,Aggregate for Working Base Sales Tax Total 2,000.00 2,000.00 50,00 4,050.00 25.00 5,225.00 1,200.00 1,200.00 25.00 5,250.00 395.00 7,900.00 300.00 300.00 200.00 200.00 250.00 1,250.00 1,500.00 1,500.00 590.00 590.00 90,00 540.00 85.00 127.50 100.00 100.00 4,000.00 4,000.00 0.00 0.00 65.00 1,560,00 0.00% 0.00 $35,792.50 rr- or [-kr:LE rjQ A YOR & COUNCIL C A/I/UN/CATION DATE: 4-17-2012 CONSENT ITEM #: 4 MOTION / $$ Fiscal Impact AGENDA ITEM: A.T.&T. Mobility Letter of Understanding SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: To amend by a Letter of Understanding to a 2008 contract entered into by the City of Lake Elmo and Cingular (Now A.T.T.) to locate communication antenna and equipment on the top of the municipal -owned water tower at 3303 Langly Court. FISCAL IMPACT: $ $14,853.50 (Annual Lease — Continuing at a 3% increase each year — Johnston / Hoyt signatories). BACKGROUND INFORMATION: The City Council of Lake Elmo had the placement of a cellular antenna by Cingular (ATT) on the top of the downtown water tower facility located at 3303 Langly Court, The 23 page document spells out terms and specification for the location of equipment including terms for contract amendment or termination. In 2010. Cingular assigned the contract to ATT with City approval. STAFF REPORT: A.T.T. has requested an amendment by Letter of Understanding, (subsequently a formal amendment will be signed) to make the following changes to the base language of the 2008 agreement: 1 Expansion of Permitted Use — In conversation with A.T.T. Mobility Representatives this clause allows for the upgrade (3G to 4G) and reception boosting capabilities that will not materially affect the superstructure of the water tower. There will not be a material change to any equipment: 2. Sale of Property — Protection of AT.T.'s location right if Lake Elmo was to sell the tower to a private water utility or destruct the tower: 3. Rental Stream Offer — This language protects A.T.T's rights per the contract if Lake Elmo were to try to assign the rental agreement to a third party for any reason. City Council Meeting March 20, 2102 Regular Agenda Item # 9 A.T. & T. is amending their current agreements in light of several municipalities assigning contract rights to third parties to obtain additional revenue. Currently Lake Elmo has no offers for such an assiunnent or any difficulties with A.T. T. Mobility's use of the 3303 Langly Court. RECOMMENDATION: The City Council, through consent, approves the Letter of Understanding with A.T.T. Mobility and assigns the Mayor & City Administrator the responsibility to sign the appropriate amendments to the 2008 Agreement as they become available. SUGGESTED ORDER OF BUSINESS (IF REMOVED FROM CONSENT AGENDA: Introduction of Item City Administrator Report/Presentation............................. ............ ......... ....... . Questions from Council to Staff ................... ............ ....... Public Input, if Appropriate ....... ...... ........... ................... Callfor Motion ............... .......... ......... ....... ........ ......... Discussion. ...... ........ ...................................... ..... .......... Actionon Motion ............................. ....... .......... ............ .. ..... City Administrator Mayor Facilitates ...... . Mayor Facilitates Mayor & City Council Mayor & City Council ..... Mayor Facilitates page 2 -- ate March 26, 2012 CITY OF LAKE ELMO City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Communications Facility located at 3303 LANGLY COURT, LAKE ELMO. MN 5.5042 FA#: 10122628 Dear Landlord, As vou are aware, AT&T Mobility ("AT&T') has partnered with Md7 to work with you to facilitate certain modifications to the cell site lease on your property.. These modifications will allow AT&T to meet current business requirements and enhance your site's value to the network. Changes in the Wireless Industry Recent industry developments are changing how wireless telecommunications carriers operate. ln the past, carriers focused on rapidly building out their networks in order to provide the best coverage. Today, while consumers arc enjoying greater services and better coverage than ever before, operating costs continue to escalate. As a result. the wireless industry is also focusing on operating networks as efficiently as possible. In order to maintain its long-term flexibility. AT&T will require the following: lease provisions to address future technological and network changes: Expansion of Permitted Use "Lessee. its personnel, invitees, contractors, agents, sublessees, or its authorized sublessees. or assigns may use the Premises. at no additional cosi or expense, for the transmission and reception of any and all communications signals and to modify, supplement, replace, upgrade, expand, including the number and typeks) of antennas. or refurbish the equipment and/or improvements thereon (colleen1,6-, "Communications Facilitv", or relocate the same within the Premises at any time during the V.= of this Lease, so long as these changes do nor exceed the structural capacity of the tower/structure at this height, or at Tenants sole expense upgrade the structural capacity in order to he in compliance with any current or future federal, stare or local mandated application, including bus not limited to emergency 911 communication services or for any other reason. Lessor shall reasonably cooperate in obtaining governmental and other use perrnits or approvals necessary or desirable for the foregoing permitted use. If Lessor does not comply with the terms of this section, in addition to any other rights it may have at law. Lessee may terminate this Lease and shall have no further liability to Lessor. If Lessor does not comply with the terms of this section, Lessee will have the right to exercise any and all rights available to it under law and equity. including the right to cure Lessors default and to deduct the costs of such cure from any monies due to Lessor from Lessee." Sale of Property/ Rental Stream Offer a) "Sale of ProperrY. If Lessor, at any time during the Term of the Agreement, decides to sell. subdivide or rezone any of the Premises (or any interest therein), all or any part of the Proper or surrounding property (or any interest therein), to a purchaser other than Lessee, Lessor acknowledges and agrees that such sale, subdivision or rezoning shall be made subject ro this Agreement and Lessee's rights hereunder. Lessor agrees that it shall promptly notify Lessee in writing of such sale, subdivision or rezoning. b) Rental Stream Offer. If at any time after the date of this Amendment. Lessor receives a bona fide written offer from a third parry or receives a modified written offer from a third parry seeking an assignment of the rental stream associated with this Agreement ("Rental Stream Offer"). Lessor shall immediately furnish Lessee with a copy of the Rental Stream Offer. Lessee shall have the right within ninety (90) days after it receives such copy and representation to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer, If Lessee chooses not to exercise this right: of first refusal or fails to provide 1.vntlen notice to Lessor within the ninety (90) day period. Lessor may assign the rental stream pursuant to the Rental .Stream Offer, subject to the terms of this Agreement. If Lessor attempts ro assign or transfer rent payments without complying with this Section, the assignment or transfer shall be void, Lessee shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Lessor complies with this Section. c) If Lessor attempts ro transfer ownership to a third party in accordance with ;a) or (h'i without fully complying with the terms and conditions of (a) and (b) hereinabove, such a transfer shall be void and of no further force or effect. Lessor agrees to indemnify Lessee for anv and all claims associated with such a purported transfer." This letter of understanding is subjecr in all respects to the preparation, execution and deliven- of a definitive amendment in form and substance mutually agreeable ro each of us. AT&T values its affiliation with VOU and hopes ro continue a long and mutually profitable relationship in the Years to come. After having reviewed these changes, please contact me prior To Wednesday, April 11. 2012, Thank You for your cc.msideration. Sincerely, Cyrus Sidhwa (858) 630-4281 Authorized Agent for AT&T Mobility- = Gregory D. Ohmer Alanagr Rea/ Esiav Tra g. Tc'T Mob*, ' CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2012-015 A RESOLUTION RELATED TO 2012 ASSESSMENTS TO WASHINGTON COUNTY BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, the attached list of 5 parcels may be removed from the 2012 assessment roll due per the attached Washington County abatement forms. APPROVED by the Lake Elmo City Council on this 17th day of April, 2012. By: ATTEST: Dean A. Zuleger CiteAdministrator Dean A. Johnston Mayor City of Lake Elmo Parcels to be removed from 2012 Assessment File Updates as of 4.17.2012 Year Address PID Type Amount _ Assessed 11933 21st St. N 24.029.21.44.0015 Street 1,980.00 2011 2141 Legion Lane N 24.029.21.43.0008 Street 1,575.00 2008 8017 50th St. N 09.029.21.22.0013 Street 901.36 2005 9090 Jarnaca Court 15.029.21.32,0018 Street 276.85 2008 8655 27th St N 21.029.21.13.0002 Street 276.85 2008 5,010.06 WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM OA S1375.192 CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS Worksheet N: Assessment Year: 2011 Payable Year: 2012 APPLICANT 011ncr's Name (please print or type) ' Sae. Sec, /Fed ID 1 Phone Cell John Francis &Maureen Tumulty Owner's Name Soc. Sec. /Fed ID Phone Cell Owner's Name See. Sec, /Fed ID Phone Cell Owners Mailing Address 11933 21,, Street N City Lake Elmo State MN Property Address (if different from mailing address) Zip City 55042 DESCRIPTION OF PROPERTY Property ID Number MP Number 24.029.21.44.0015 Legal Description of Property Eden Park 2' Add Lot 8 Block 1 Subdivision Cd 37181 Original: Land EMV Revised: Applicant's Statement of Facts: I State Zip City or Township I School Disrrict # TAG Lake Elmo 834 ASSESSOR'S ESTIMATED MARKET VALUE IrripM..temen EMV Total Cla Improvement EMV Total Classification Applicant's Request: Please abate the 2009 Street Improvement assessment in the amount of $1980.00. This amount was paid by the taxpayer in February2011._ Taxpayer should not be assessed for this improvement in the future. Applicant's Signature:_. Date: Note: Minnesota Statute's 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of the statement knows is false may he sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000,00 or both. Note: Must Include City/Township Resolution for reductions on assessments Note: Mustinclude Fire report for Local Option Disaster Credit 1 Rev 5/10 WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS Worksheet T: Owner's Name (P Edward & Mary Lenth Owner's Name Owner's Name Owner's Mailing Address 2141 Legion Lane N City Lake Elmo Property ID Number 24.029.21,43.0008 Legal Description of Property Eden Park Lot 17 Block 2 Subdivision Cd 37180 Revised: APPLICANT Soc. Sec. /Fed ID Soc. Sec. /Fed ID Soc. Sec. /Fed ID (M.S.1 375. i92 Assessment Year: 2008 Payable Year: 2012 Phone Cell Phone Cell Phone Property Address (if different From mailing address) State Zip City MN 55042 DESCRIPTION OF PROPERTY MP Number City or Township Lake Elmo ASSESSOR'S ESTIMATED MARKET VALUE Cell Zip School District k I TAG 834 Land EMV j Improvement EMV Total j Classification Land EMV Improvement EMV Applicant's Statement of Facts: Applicant's Request; Please abate the 2009 Street Improvement assessment in the amount of $1575, This was paid by the taxpayer in July 2011. p y Tax a er should not_be assessed fort is improvement In the future. _. Total Classification Applicant's Signature: Date: Note: Minnesota Statute's 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000.00 or both. Note: Must include City!Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit Rev 5/10 V) orksheel : WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS Owner's Natnr (pieatse print or type) Joyce Osterkamp_ Owner's Name G_ O«Judyner's Narsciaom_e owner's Mailing Address 8017 50'" Street N City Lake Elmo State MN tnI,S.1 375 192 Assessment Year: 2005 APPLICANT Soc. Sec. !Fed ID Phone Soc Sec./Fedi-I Phone Soc. Sec. /Fed ID Phone Property Address (if -di nt from mailing address) Payable Year: 2012 Zip City 55 042 CRIPTION OF PROPERTY Property ID Numher 09.029.21.22.0013 Legal Description of -Property Lane's ©emontreville Country Club Lot 755 Subdivision Cd 37445 Original: Revised: nd E EMV Applicant's Statement of Facts: MP Number — City or Township Lake Elmo ASSESSOR'S ESTIMATED MARKET VALUE Improvement E Total Total School Dis 834 CeII Cell State Zip et a i TAG Classification Applicant's Request: Please abate the remainder of the Hill Trail and 50th Street improvement assessment in the amount of $901.35. This was paid by the taxpayer in July 2011. Taxpayer should not be assessed for thi Applicant's Signature: ent in the future. Note: Minnesota Statute's 1988, Section 609.41, "Whoever, in law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material natter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more ,han one year or to payment of a fine of not more than S3,000.00 or both. Note: Must include City/'Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit Date: aking any statement, oral or written, which is required or authorized by Rev 5/10 WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS Worksheet Ownoi 'sNattie prin er type) Peter Klopp Owner's Name -- Michael Klopp Owner's Name Owners Mailing Address 9090 Jamaca Court Ciry Lake Elmo Property ID Number 15,029.21,32.0018 Legal Description of Propeny Friedrich Heights Lot 4 Block 1 Subdivision Cd 37245 Original: Land EM V Revised: Applicant's Statement of Facts: State (M.S 375 192 Assessment Year: 2008 Payable Year: 2012 APPLICANT Soc. Sec. /Fed ID • Phone Soc, Sec !Fed ID Phone Soc. Sec, (Fed ID Phone Property Address (if different from rnailing adaress) Zip City MN 55042 DESCRIPTION OF PROPERTY MP Number City or Township Lake Elmo ASSESSOR'S ESTIMATED MARKET VALUE Improvement EMV improvement EMV Cell Cell Zip School District # TAG 834 Total Classification Total Classification Applicant's Request: Please abate the 2006 Overlay Project assessment in the amount of $276.85. This was paid by the taxpayer in September 2011, Applicant's Signature: Date: Note: Minnesota Statute's 1988, Section 609,41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000.00 or both. Note: Must Include City/Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit Rev 5/10 Worksheet #: Owner's Name (please Patrick 8,Margaret Corrigan owner's Name Own Owner's Mailing Address 8655 27'^ Street N City Lake Elmo 'WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS ype) Property ID Number 21.029.21.13.0002 Legal Description of Property Tablyn Park Lot 8 Block 1 Subdivision Cd 37750 ASSESSOR'S ESTIMATED MARKET VALUE Original• AP (M.S.)375 192 Assessment Year: 2008 Payable Year: 2012 CANT Soc. Sec. (Fed ID Phone Cell Soc. Sec, .'Fed ID Soc. Scc. /Fed ID State Zip City MN 5042 Phone Cell Phone Cell Address (if different from mailing address ESCRIPTION OF PROPERTY MP Number Land EMV improvement EMV Land EMV Improvement EMV Applicant's Statement of Facts: Revised: City or Township Lake Elmo Total Total State Zip School District ;5 I TAG 622 Applicant's Request: Please abate the 2006 Street Repairs assessment in the amount of $276.85, This was paid by the taxpayer in June 2011. Applicant's Signature: Date: Classification Classification Note: Minnesota Statute's 1988, Section 609.41, "Whoever. in making any statement, oral or written which is required or authorized by law to he made as a basi of imposing; reducing, or abating any tax or assessment, intentionally makes any statement as to any material ,after which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment fbr not more than one year or to payment of a fine of not more. than $3,000,00 or both. Note: Must include City/Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit Rev 5(10 DATE: 4-17-2012 CONSENT ITEM #: 6 MOTION / SS Fiscal Impact AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: .AmeriCorps Staffing Opportunity Dean Zuleger, City Administrator Dean Zuleger, City Administrator Dean Zuleger. City Administrator SUMMARY AND ACTION REOUESTED: FISCAL IMPACT: S In -Kind Equivalent = S30,000 (11 Month FTE) BACKGROUND INFORMATION: The MPCA. through the Regional Council of Mayors, is offering 27 no cost employees (typically a recent college graduate) to communities to begin work in September 2012 in the areas of energy conservation, recycling, urban forestry, stormwater, local foods and bike/ped/complete streets. STAFF REPORT: As the community begins to look at sustainable L,Towth, the need for "bodies" will increase to accomplish certain projects that will be critical for balance. After an internal review. the staff believes that an AmeriCorps member could aid in four areas: I. Establish a formal recycling program; 2. Advocate for increased participation in our stormwater programs; 3. Organize and improve our ped/bike trail system. In addition. AmeriCorps members come with experience in urban forestry and energy conservation. If successful in the process. the City Administrator will transition the "Kriegler" position (which has handled many of these issues) to a communication / park programming function to place a greater emphasis on taxpayer service and immediate need. RECOMMENDATION: The City Council, through consent, approves the City Administrator making application to the MPCA for an AmeriCorps member to be placed in Lake Elmo for an I 1 month assignment beginning in September of 2012. SUGGESTED 0 ER OF BUSINESS (IF REMOVED FROM CONSENT AGENDA: -- page City Council Meeting March 20, 2102 Regular Agenda Item # 9 Introduction of Item ......... ...... Report/Presentati on ............ ..... ......................................... Questions from Council to Staff Public Input, if Appropri at e ...... ..................................... Callfor Motion ............ ....... .......... ....... .......... . ...... . ..... Discussion .......... ....... ..... ............... ...... ...... ......, ..... Action on Motion.... ......... ........... ........... ..... ....... ..... .. ..... City Administrator ..... City Administrator ....... Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council ... Mayor Facilitates -- page 2 -- AGENDA ITEM: CC UCTO DATE: 4/23/12 CONSENT ITEM #: 7 Consider approving Contract No. 01029 and authorizing the City Administrator and Mayor to execute an agreement with Mn/DOT for the Community Roadside Landscaping Partnership Program SUBMITTED BY: Nick Jamson, Interim City Planner THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve Contract No. 01029 and to authorize City Administrator Dean A. Zuleger and Mayor Dean Johnston to execute that agreement with Mn/DOT for the reimbursement of up to $18,200 in landscaping materials for a proposed Highway 5 beautification project. This resolution is required by Mn/DOT to officially enter into the agreement and for the city to receive the reimbursement money after the project is complete. BACKGROUND INFORMATION: In February of 2012, the City Council approved an application to participate in the Mn/DOT Community Roadside Landscaping Partnership Program and to authorize staff member Nick Johnson to serve as the primary contact person for the application. The Mn/DOT Community Landscaping Partnership Program provides a venue through which cities. residents, and the State work together on landscaping projects to beautify highway rights - of -way, The grant .funds cover costs related to the purchase of landscaping materials while the City, staff and community residents provide the manual labor. The City has utilized this same grant program to beautify areas along State Highway 5 on four previous occasions. The project completed in 2007 near Carriage Station Park resulted in the planting of 60 trees with assistance by approximately 35 volunteers. The project completed in 2008 was also successful and resulted in the planting of many shrubs and trees south of Carriage Station Park. The planting in 2009 resulted in $12.400 worth of landscaping material (paid for by Mn/DOT) beautifying Highway.' 5 and the Fields of St. Croix 2" Addition entrance. Finally, the plantings in 2011 occurred along HWY-5 near Wildflower Shores and to the West of Manning, Ave. near Fields of St. Croix 2" Addition. City Council Meeting A zahorize Entering Mn/L iAgreernenifor Landscaping 4-23-12 Consent Agenda Item 4 7 STAFF REPORT: The proposed project is located along HWY-5 in the Village Area from just West of Laverne Ave. N. to the East of 39th St, N. The plantings are scheduled to be completed on Saturday. June Ind from 9:00am to 1:00pin through the help or resident volunteers. The plantings will also serve as the City's Arbor Day celebration, and local partners/sponsors have agreed to host the event and serve the volunteers some refreshments and snacks. The central location for the volunteers to gather will be the Lake Elmo Bank parking lot, just to the west of 391h St. N. Regarding, the recruitment of resident volunteers, the process is ongoing and looking positive. ATTACHMENTS: 1. Resolution 2012-16 2. Cooperative Landscaping Agreement: Mn/DOT Contract #01029 -- page CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2012-016 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR AND A/L4YOR TO ENTER INTO CONTRACT NO. 01029 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT OF LANDSCAPE MATERIALS TO BE UTILIZED ALONG STATE HIGHWAY 5 WHEREAS, the City of Lake Elmo applied for and was approved to receive a grant through the Mn/DOT Roadside Landscape Partnership Program to landscape within the road right-of-way of State Highway 5: NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo enter into Agreement No. 01029 with the State of Minnesota. Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the landscape materials acquisition to be installed along and adjacent to Trunk Highway No. 5 from 100 feet west of Laverne Ave. N. to 300 feet East of 39`11St. N. BE IT .FURTHER RESOLVED, that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED BY the Lake Elmo City- Council on the 17th day of April, 2012. Dean A. Johnston, Mayor ATTEST: Dean A. Zuleger. City Administrator CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo as a duly authorized meeting thereto held on thel7th day of April, 2012, as shown by the minutes of the meeting in my possession. Signed: Subscribed and sworn to before me (Siviature) this day of April, 2012. Notary Public (Typc or Print Nam) Mv Commission Expires Mn/DOT Contract No: 01029 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF LAKE ELMO COOPERATIVE LANDSCAPING AGREEMENT State Project Number (SP): 8214-969G Original Amount Encumbered Trunk Highway Number (TH): 5 [818,200.00j This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Lake Elmo acting through its City Council ("City"). Recitals 1. The City will perform landscaping along Trunk Highway No. 5 from 400' west of Laveme Ave, N. to 300' east of Lisbon Ave, N within the City limits according to plans, specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T,H. 5); and 2. The City requests the State participate in the acquisition costs of the landscape materials and the State is willing to participate in the acquisition costs of said landscaping materials according to the State's "Community Roadside Landscaping Partnership Program"; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constmcting, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 11. Effective date. This Agreement will be effective the date the State obtains all signatures required by Minnesota Statutes § 16C.05. subdivision 2, 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled according to the Community Roadside Landscaping Partnership Program Project Application, on file in the State's Office of Environmental Stewardship and incorporated into this Agreement by reference. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or temiination of this Agreement_ including, without limitation, the following clauses: 2.2. Right-of:Way, Easements and Pernnts: 2,3. Maintenance: 6. Liability and Worker Compensation Claims; 8. State Audits: 9. Government Data Practices: 10. Governing Law: Jurisdiction: Venue; and 12. Force Majeure. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T.H, 5) are on file in the office of the City and the State's office of Environmental Stewardship and are incorporated into this Agreement by reference. ("Landscape Plans") 1.5. Exhibits. Exhibit A is attached and incorporated into this Agreement. Agreement between the Parties 2.1. Acquisition and Installation of Landscape Materials A. Acquisition and installation. The City will acquire landscape materials and perforni landscaping according to the Landscape Plans. -1- Mn, DOT Contract No: 01029 B. Documents fished by the City. Within 7 days of ordering the landscape materials. the City will submit a copy of the purchase orders to the State's Landscape Partnership Program Coordinator in St, Paul. C. Control and Inspection of Landscape Materials The landscape materials acquired under this Agreement will be under the control of the City: however the materials will be open to inspection by the State's authorized representatives. The Citv will give the State's Landscape Partnership Program Coordinator five days notice of its intention to receive delivery of the landscape materials. ii. The City must verify that the nurser), vendor has a valid nursery certificate as required by the Minnesota Department of Agriculture ("MDA"). Nursery stock originating outside Minnesota must have been certified under all applicable MDA and United States Department of Agriculture ("USDA") quarantines. Certification documents issued by the appropriate regulatory official at origin must accompany all nursery stock shipments, including but not limited to, USDA quarantines for Gypsy Moth, Phvtophthora ramorum, Emerald Ash Borer and Black Stem Rust, MDA Japanese Beetle Quarantine nursery stock from Minnesota must be inspected and certified to be free of harmful plant pests, but is not subject to MDA external Japanese Beetle Quarantine. D. Protecting and Locating Utilities. The City will preserve and protect all utilities located on lands covered by this Agreement, without cost to the State, As required by Minnesota Statute 216D, the City will notify Gopher State One Call System (www.gopherstateonecalkorg) (1-800-252-1166) at least 48 hours before any excavation is done on this project. E. Restore Right -of -Way. Upon completion of the installation of landscape materials and after performing any ongoing maintenance operations, the City will restore all disturbed areas of State right-of-way so as to perpetuate satisfactory drainage, erosion control and aesthetics. F. Completion of Acquisition and installation. The City will cause the acquisition and installation of the landscape materials to be started and completed according to the time schedule in the Community Roadside Landscaping Partnership Program Project Application. The completion date for the acquisition and installation of the landscape materials may be extended, by an exchange of letters between the appropriate City official and the State's Landscape Partnership Program Coordinator, for unavoidable delays encountered in the performance of the acquisition and installation of the landscape materials. G. Compliance with Laws, Ordinances, Regulations. The City will comply with all Federal, State and Local laws, and all applicable ordinances and regulations in connection with the acquisition and installation of the landscape materials, 2.2. Right -of -Way, Easements and Permits A. The City is authorized to work on State right-of-way for the purposes of installing. and maintaining the landscape materials, including any necessary replacement of landscape materials that fail to survive. All suppliers, contractors or volunteers under the direction of the City, occupying the State's right-of- way must be provided with and wear required reflective clothing. B. The City's use of State right-of-way will in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway and any use of State right-of-wav under this Agreement will remain subordinate to the right of the State to use the property for highway and transportation purposes. No advertising signs or devices of anv form or size will be constructed or be permitted to be constructed or placed upon State right-of-way, This Agreement does not grant anv interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of thc Federal Aid Highway Act of 1968, C. The City will obtain all construction permits and any other perniits and sanctions that may be required in connection with the installation of the landscape materials without cost to the State, Mn/DOT Contract No: 01029 2.3. Maintenance by the City. The City will provide for the maintenance of the landscaping, without cost to the State. Maintenance includes, but is not limited to, weeding and pruning, and removal and replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in Da-11BIT "A", Maintenance Responsibilities Plan and Schedule. 3. State Cost and Payment by the State 3.1. Basis o State Cost, The State's complete share of the costs of the landscaping is the delivered cost of the landscaping materials acquired according to thc Landscape Plans. 3.2. Estimated State Cost and Maximum Obligation. The estimated cost of the landscape materials acquisition is $18,200.00, The maximum obligation of the State under this Agreement will not exceed $20,000.00, unless the maximum obligation is increased by amendment to this Agreement, 3.3. Conditions of Payment. The State will pay the City the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: A. Encumbrance by the State of the State's total cost share. B. Execution of this Agreement and transmittal to the City. C. Receipt by the State's Landscape Partnership Program Coordinator, from the City, of the following: i. Copies of the purchase orders for the landscape materials, as provided for in Section 2.1.B. of this Agreement. ii. Written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. D. Receipt of a memo, from the State's Landscape Partnership Program Coordinator, verifying that the landscaping has been completed and recommending reimbursement, 4. Authorized Representatives Each partv's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or pemiitted by this Agreement. 4.1. The State's Authorized Representative will be: Name/Title: Todd Carroll, Landscape Partnership Program Coordinator (or successor) Address: 395 John Ireland Boulevard, Mailstop 686, St. Paul, MN 55155 Telephone: (651.) 366-4617 Fax: (651) 366-4769 E-Mail: todd.carrolltate,mn.us 4.2. The City's Authorized Representative will be: Name/Title: Nick Johnson/Interim City Planner (or successor) Address: 3800 Laverne Ave. North, Lake Elmo, MN 55042 Telephone: 651-233-5413 5 Assignment; Amendments; Waiver; Contract Complete 5.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 5.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. Ivirt/DOT Contract No- 01029 5.3. Waiver. If a party fails to enforce anv provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 5.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral_ may be used to bind either party. 6. Liability; Worker Compensation Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts. omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 7. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 8. State Audits Under Minnesota Statutes § 16C,05, subdivision 5, the Citv's books, records, documents_ and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The Citv and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13_ as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 . Termination; Suspension 11.1. By Mutual Agreement. This Agreementmay be temiinated by mutual agreement of the parties or by the State for insufficient fiinding. as described below. 11.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source: or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for anv services that are provided after notice and effective date of temiination. However. the City will be entitled to payment, determined on a pro rata basis. for services satisfactorily performed to the extent that funds are available. 11.3. Suspension. In the event of a total or partial government shutdown. the State may suspend this Agreement and all work, activities, perfomiance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event, A force majeure event is an event beyond a -4- Mn/DOT Contract No: 01029 party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism. or public health emergencies. ['The remainder of this page has been intentionally left blank] -5- MitiOOT Contract No: 01029 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A:15 and 16C.05. Recommended for Approval: Sittned: By: Date: SWIFT Purchase Order: CITY OF LAKE ELMO The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: (Landscape Partnership Program Coordinator) By: Approved: By: Date: (District Enginee (State Design Engineer) COMMISSIONER OF ADMINISTRATION By: Date: (With delegated authority) INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -6- ���'��U��K77 m�J�"" EXHIBIT �� Maintenance �u� Responsibilities K�U rU Schedule ^� U .°.�U�_°����� o~���K���K=U.U~U�� Plan ��= =�..���.e Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES PLANT GROUPS Evergreen Trees Shade Trees Ornamental Trees MAINTENANCE CONSIDERATION PRUNING When To Type Of Anytime 'Dry Anytime' Dry* 0Antor" Evergreen Shrubs Anytime - Dry Deciduous Shrubs Dormant Gmundcovoo ^ � Corrective and Deadwood Removal Training and Corrective Corrective Deadwood Removal Corrective and Renewal Dormant Deadwood Removal WEED CONTROL Maintain mulch zk3" minimum around trees inmowed areas, keep weed free. Maintain minimum 3" woodchip mulch in a weed free condition until shrub crown n|uaune. FERTILIZATION See Table 6. Fertilization Schedule Yes Yes Yes Yes Yes No Oonot prune oaks during April, PWayandJune. Cmnot prune HonoyNcustwhile dormant orwhen humid or wet. Donot prune apples, crabapples orMountain Ash during April, May and June. TABLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES _ PLANT GROUPS WATERING Evergreen Trees Shade Trees Ornamental Trees Evergreen Shrubs Deciduous Shrubs Vines Groundonwars MAINTENANCE CONSIDERATION INSECT AND DISEASE CONTROL Yes until established As needed, Supplemental watering may beneeded during drought periods (especially during July and August) even after plants are established. Remove diseased plants that pose threats to adjacent RODENT PROTECTION Yes ' Pine Only Yes Yes No* No* No* No~ REMOVALS AND REPLACEMENTS Remove all dead plants. Replace dead ordying plants unless the lost plants do not noticeably compromise the visual appearance ordesign intent. ° Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free nfweed growth will reduce problems, Mowed turf informal planting areas will help reduce rodent problems, Sheet I of 4 TABLE2a. CALENDAR OFLANDSCAPE MAINTENANCE ACTIVITY Pruning Weed Control: Remu|ch Herbicide Fertilization: Turf Shrubs, Trees Insect &Disease Sunscald Protection January February May See Table 1 a for Best Time for Specific Species. Planting beds must be kept in a weed free condition. XXXX June XU Must beapplied byalicensed Pesticide Applicator, X%XX Time of control depends on the type of insect or disease and when it is detected. Remove wrap' Watering During first and second growing seasons approximately once aweek oras-needed \omaintain adequate but not excessive soil moisture. Maintain Rodent OOOO 0000 OOOD 0000 OODO DOOO Protection Turf Maintenance Mower Damage Prevention X XX)0< XXXX Replanting Evergreen Trees OXX XXO Deciduous Trees DXX XX}{X Container Plants X)CX XXXX XXXO _ X'Optimum Time O'Less than Optimum Time ° Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 2 of 4 .BLE 2b. CALENDAR OF LANDSCAPE MAINTENANCE ACTIVITY Pruning Weed Control: Romulch Herbicide Fertilization: Turf Shrubs, Trees Insect &Disease Sunsca|d Protection July August September October November See Table 1afor Best Time for Specific Species. Planting beds must bekept in evvoed free condition. 00 Must be applied by a licensed Pesticide Applicator. XXXX XXXX December X{} Time of control depends on the type of insect or disease and when it is detected, Apply or maintain paint. Install Watering During first and second growing seasons approximately once aweek nranneeded. Maintain Rodent Protection ODOO 0000 XXXX XXXX XDUD DDOD urfk8aintenanoe | Mowing XXXX XXXX XXXX XXOO Mower Damage Prevention XXXX XXXX XXXX XXOO Replanting Evergreen Trees OX XX%D Deciduous Trees O)0(X XO Container Plants 0000 OOUX XXXO Turf 000[) OOXX XXXX (]O X'Optimum Time O'Less than Optimum Time Sheet 3 of 4 TABLE3. DESCRIPTIONS OFTYPES OFPRUNING [TYPES OF PRUNING Disease Removal Deadwood Removal Training Corrective Renewal _ WHEN TDPRUNE DESCRIPTION After Diagnosis Removal offungal bacterial growths. Sterilize pruners between cuts, See Table 1 Removal of dead bnanches, normally from the interior portion of the onnvvn. See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade and ornamental trees. Removal cfsuckers and water sprouts. See Table 1 Removal ufs\onn'donnagcd.vehicle-damaged orvandalized limbs. See Table 1 Removing all top growth at or near the ground line and nemu|oh. Or removal of1/3 ofthe oldest stems atthe ground line. TABLE 4.WEED CONTROL METHODS ' INTEGRATED APPROACH METHOD Replanting ' Filling Voids Fertilization Rennu|ch° Herbicides Weed Whip _ CATEGORY TREES GHRUBBEOS TURF X X X X X X % X X X X No X ° Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years. Place mulch tmo4"depth. Mulching will help control weeds, reduce mower damage and conserve moisture. TABLE6. FERTILIZATION SCHEDULE CATEGORY FREQUENCY TIME OFAPPLICATION TANALYSIS RATE Mowed Turf Every 3Years April nrOctober 23'0'30 1 |b(N)/1O0Uaq,M� Shrub Beds* Every 3Years October o/April 23-0'30 1 |b(N)/1UOOsqfft. Shade Trees* Every 3 Years October or April 23-0-30 5 lbs/1 Cu, Yd. of soil Note: Dnnot fertilize trees and turf during the same season, Offset tree fertilization byone season inorder tnprevent fertilizer burn onturf. ° Plants that fix nitrogen, like Silver Buffaloberry, Caragana, Honeylocust, Russian Olive or other legumes, should not befertilized except under special conditions, Tall shrubs donot need 1obefertilized ifleaf color remains normal. � Analysis will be allowed within the following ranges: N (16-24) — P (0) — K (20-30). Sheet 4 of 4 AYOR & COUNCIL CO UNICAT 0 DATE: 4/17/12 REGULAR ITEM:• 8 AGENDA ITEM: Park Commission Appointments SUBMITTED BY: Dean A. Zuleaer, City Administrator REVIEWED: Dean A. Zuleaer, City Administrator SUMMARY AND ACTION REOUESTED The City Council is respectfully requested to appoint Sarah Hietpas to fill the vacancy of 1st Alternate, and Wendy Sullivan as 2" Alternate, on the Parks Commission. "Move to appoint Sarah Hietpas, 3704 Kindred Court, as 1" Alternate on the Parks Commission, and Wendy Sullivan, 10150 Tapestry Bend, as 2" Alternate on the Parks Commission." RECOMMENDATION: Staff is requesting Council to appoint Sarah Hietpas as 1st Alternate and Wendy Sullivan as 2" Alternate to the Park Commission, providing a full membership of Parks Commissioners, ATTACHMENTS: 1. Applications page AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 4/17/12 REGULAR ITEM #: 9 MOTION t Special Event Permit: Wild Adventure Race Spring Sprint - Sunfish Lake Park/Lake Elmo Park Reserve Kyle Klatt, Planning Director Dean Zuleger, City Administrator Nick Johnson, Interim City Planner Park Commission Greg Malmquist, Fire Chief SUMMARY AND ACTION REOUESTED: The City Council is being asked to review a request from Rick Odgers of Wild Adventure Race to conduct an orienteering/trail run within Sunfish Lake Park as part of a larger race event to be conducted within the Lake Elmo Park Reserve. The event would be conducted on Saturday, June 2 and would involve a biking, boating, and running component, with only the former element being conducted within the City park property. This is the first event to be submitted under the recently adopted Special Event Permit ordinance, and is being recommended for approval by Staff. The recommended motion to act on this on this request is as follows: "Move to approve a request or a Special Event Permit by Wild Adventure Race to conduct an orienteering/trail run within Sunfish Lake Park as part of a larger race event to be conducted within the Lake Elmo Park Reserve with two conditions of approval" FISCAL IMPACT: None — all costs associated with the event will be borne by the applicant. There are no anticipated public expenses associated with the event. BACKGROUND INFORMATION: The applicant has completed a special event permit application form and provided a project narrative that provides additional details about the event. The event being proposed would he a rely -type race that requires participants to navigate a course with maps and a compass. The portions of the race that will take place in the Lake Elmo Park Reserve will involve the use of boats and bicycles, while the portion in Sunfish Lake Park will involve runners on foot. Since the event is an orienteering race, there will he flags placed City Council Meeting Wild Adventure Race Special Event Permit April 17, 2012 Regular Agenda Item # 9 along the relay route at various checkpoints. An example of the flags to be used is included in the application narrative. Other than the runners using the park and the flags to be placed along the route, the only other impact to Sunfish Lake Park will be the parking of bicycles in the parking lot and the gathering of event volunteers in this location to assist the participants. The event is not expected to draw spectators and will not involve the use of sound systems or other activities that could be a potential nuisance to surrounding neighbors or park users. A special event permit has been deemed necessary for this event because it will involve more than 100 participants within a 24-hour period and is a privately -sponsored event. The recently adopted ordinance for Special Events also lists a series of information that must be provided or requirements that must be met in order to conduct the event, which includes the following: Maximum Number of People: 200 competitors and 10 volunteers Sound Equipment: None Sanitary Facilities: None (event starts and ends in the Park Reserve) Security: The Washington County Parks Department has been working with the applicant securing proper permits for access to the park. Volunteers will be used to monitor the bike drop area and to help monitor the crossing at Highway 5. Food Service: None provided at Sunfish Lake Park Fire Protection: None required, please see comments from the Fire Chief below. Duration of Special Event: June 2, 2012 between 8:00 a.m. and 3:00 p.m. (with two additional hours for setup and teardown). Racers will be in Sunfish Lake Park between 10:00 a.m. and 2:00 p.m. Cleanup Ilan: Removal of flags and clearing of parking lot. Waivers: None requested. Insurance: To be secured within two weeks of event: example certificate included with application. ln addition to the above requirements, the applicant has indicated that they will have EMT's on the site during the event. The Fire Chief has requested that access he maintained into the park for emergency vehicles and also, in the event that his department is called in, a point of contact and directions to the emergency. Staff will be providing the proper contact information to the Fire Chief. and is suggesting that one of the conditions of approval include a provision that access into the park not be blocked off during any part of the event. The applicant has indicated that they obtain insurance closer to the race event, and therefore. has submitted only an example insurance form with the current request. Staff is recommending that an additional condition of approval require the submission of proper insurance documentation at least two weeks prior to the event date. City Council Meeting Wild Adventure Race Special Event Permit April 1 7, 2012 Regular Agenda Item # 9 PARK COMMISSION REPORT: The Lake Elmo Park Commission will be reviewing the special event permit request at its April 16, 2012 meeting. Any action by the Commission will be presented as part of a verbal update to the Council. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve a Special Event Pen -nit for Wild Adventure Race to conduct an orienteering/trail run within Sunfish Lake Park as part of a larger race event to be conducted within the Lake Elmo Park Reserve on June 2, 2012 by undertaking the following action: "Move to approve a request Or a Special Event Permit by Wild Adventure Race to conduct an orienteering/trail run within Sunfish Lake Park as part of a larger race event to be conducted within the Lake Elmo Park Reserve with the .following conditions of approval: I. Access into Sunfish Lake Park shall not be blocked at any time during the course o the event. A valid certificate of insurance meeting the requirements of Section 110.070 (E, 1, j) of the City Code shall be submitted at least two weeks prior to the event." ATTACHMENTS: 1. Special Event Permit Application Form 2. Application Narrative 3 . Example Certificate of Insurance 4. Special Event Permit Ordinance SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation.............. ...... Questions from Council to Staff Public Input. if Appropriate ....... Call for Motion ...... Discussion ................... ....... . ...... Action on Motion ............... . ....... ...................... ............... City Administrator . ................. ..... ................ ...... Planning Director Mayor Facilitates ...... ...... Mayor Facilitates . ........... ......... ........ . ....... Mayor & City Council ............. ............ ............ Mayor & City Council ... .................... ...... ....... ..... Mayor Facilitates page 3 -- II. Applicant Information Special Event Permit Anplication I. Title and Brief Description of Event 1.A A 0 v r-44 6-- Cr. , (-7,P CI / STA7P.M1 5 6,--.c.,77 o.v Atm/ Pcrzet„ of 1(4: 7—//F• 5,/ tqr- 41/jA:•;e:- /14e R--c7/0-11.04, The applicant is responsible for answering all questions, including inquiries from media and citizens. Applicant: R i e. 0 pc, E ,,S Title: Address: P2- 9 0 36 i'l A v E- . 5. 4A-4, yi nee ion ils m Business/Organization: C-4„I e 4,- 6 .4 ,6 1 a . I Z-FIV77 4 ifl e— Lie9C C - 1 156' Daytime Phone,- :0 " , Mobile Phone: . I 2 • 554 , Emergency Phone: --3‘. 1 / III. Event Timetable A. Requested day and date: k.5c)(464 7:4 (.1 B. Requested Hours of Operation, from ...‘14+ p.m. to C. Set up beginning day and date time D. Dismantle by day and date , time E. Anticipated number of participants: IV. Insurance c7 ; and spectators: Attach to this application either an insurance policy or a certificate of insurance including the policy number and showing liability amounts. The policy must state that any outside area to be used for an event is covered, The policy must also show evidence that the requested event is not excluded from insurance liability, 4r:4c-47.1,4-4 f"--c E 1 f • • e-fai eAt" 7"1' •:! t .1? /45 tipfe-e:-/ 0 � ! V, Check All Items that Apply to your Event _`� �� ~ Use of a Public Facility (note facility): _ ' ��Dparticipant and/or spe��rpaddng��s(describe): 4—� - [l Entertainment orstage location (provide to -scale drm/in8s; [][onstruction or erection of temporary structures (may need perm check with planning department; Fl Trash containers (indicate # and \ocationd: 0 Portable toilet facilities (indicate # and locations): First aid facilities (indicate who bpmxidin8): o/ E] Parade and/or parade floats (may need permit); Fireworks and/or pyrotechnics site (may need permit, check with the fire department); u Cooking facilities, open flame, or vehicle fuels (may need permit, check with fire department); F] Electricity (indicate source and plan)-. [1 Other (please describe): ' V|. Food Beverages, and/or Entertainment A. If your event includes music, live entertainment, sound amplification or any other noise impact, please cip-scribe, including the intended hours of the music, sound or noise. ^ D. Will alcoholic beverages beserved? Yes C. Name of liquor establishment: D. For service ofalcohol outside alicensed premise, include adiagram showing the defined area of the alcohol concession service and attach acopy ofyour certificate of liquor liability insurance covering the limits of the alcohol service area. �� E. If serving alcohol, describe how you will ensure that alcohol will be possessed and consumed only by those persons 21 years or older. Describe all security measures in place. F. Will food and/or non-alcoholic beverages be served? Yes G. If yes, describe sanitation and food -handling procedures: H. If yes, you will need to have a Temporary Food License from Ramsey County. Attach a copy of your Temporary Food License to this application. I. If you intend to cook food in the event area, describe your area layout, including fuel or electrical sources to be used: VII. Vendors or Concessionaires List what vendors/concessionaires you will have at your event and list their Sales Tax ID Number: VIII. Security and Safety Procedures A. Describe your proposed procedures for security and crowd control: , :,./...11A II na: Vr.,terl. r it,:f 't r''''' 0 n 0 L c_c-,*(; L7-,. ,. 547:2 c_tro,..4.,, c-v'1Eoveir 12 A 0 ,,s )c..... , ft Ar. ii,,f (7 , 11,4;A: 4F e., fr'.5_•,.. I tf`,!. ( Li id 0 c=7 • tti S(7.,C-it, «ri,.., i B. Ifthe event istooccur atnight, describe how you will light the event area }norder to increase the safety of participants and spectators coming to and leaving the event: IX� Clean-up List persons responsible X. Mitigation of impacts on Others Describe how you intend to mitigate the impacts of the special event an businesses, churches, neighbors, motorists, and others: All Note: Any condition which causes adverse impacts may be cause to revoke the 1pecjA Events Permit Applicant Signature: , " 1'1_ " '_ �' Date of Application: Request for Special Event Permit What; Wild Adventure Race Sprint Series Race 1 When: June 2.d, 2012 Where: Sun Fish Lake Park and Lake Elmo Park Reserve Time: 6:00 am to 4:00 pm (race competitors will be in the park from approximately 10:00 am to 2:00 pm) Description: . An adventure race is a team sport that requires navigating a course with maps and a compass utilizing combinations of non -motorized disciplines — on foot, bike, and in boats (canoe, kayak, or raft). It is very similar to orienteering, which has been done at Sun Fish Lake Park in the past. In this particular event, which is designed for beginners, racers in teams of 2 will begin on bikes in Lake Elmo Park Reserve (LEPR). They will be looking for checkpoints along the way. Checkpoints are generally orange and white, lightweight orienteering flags (see image). Racers will also be doing a boat section in LEPR. These two sections could take teams up to 2 hrs to complete, thus spreading out teams quite a bit. After the bike and boat sections teams will leave LEPR by the North Entrance, cross Hwy 5, and enter Sun Fish Lake Park. Teams will then drop their bikes with volunteers in a section of the parking lot or just off the lot, near the trailhead. Teams will then go on foot to look for more checkpoints, approximately 5-10 of them. Most teams should finish in under 1 hour. Once the section is complete, teams will retrieve their bikes and head back across Hwy 5 to the finish in LEPR. The whole course should take the average team 3 hours. There may be one or two volunteer vehicles, but other than that, the only space we will be occupying is an area with the bikes, This is very flexible. With the start and finish in LEPR, there will limited impact in Sun Fish Lake Park. The Minnesota Orienteering Club held a similar event in the park several years ago. We have permission from LEPR and we are coordinating the crossing of Hwy 5 with the Washington County Sheriff's Office and MnDOT. Max People: 200 competitors plus up to 10 volunteers. The competitors will be well spread out. We will not disturb regular park visitors any more than any other trail runner would. In fact, the comment we usually receive from park managers and staff is that visitors were not even aware an event was happening in the park. Sound Equipment: None Sanitary Facilities: None required, the competitors will be running on the trails for approximately 1 hour and then will head to LEPR. Security: We will have volunteers at the bike drop. Competitors will retrieve bikes after they have done the trail run and return to LEPR. Food Service: No food will be provided at Sun Fish Lake Park Fire Protection: Not applicable Clean Un Plan: Clean up will merely mean removing 5-10 orange and white orienteering flags that will have been placed along the trails, and making sure the parking lot is clear of any possible wrappers from "energy bars" consumed by the participants. This will take no more than one hour. Waiver: NA Insurance: We carry a $1 million insurance per occurrence and provide additional insured certificates for land owners/managers. Provided is an example from a previous race of an additional insured certificate for the City of Duluth. Safety: We will have EMTs on site. Miscellaneous: Parking will not be needed (except for a volunteer vehicle or two), but bikes will be dropped in a corner of the lot. Thank you for considering our request. Please direct any questions to Rick Odgers at 612.356.1353 or via email at rickowildadventurerace.corn. CERTIFICATE OF INSURANCE PRODUCER American Specialty Insurance & Risk Services. Inc. 142 North Main Street Roanoke. Indiana 46783 INSURED United States Adventure Racing Association, Inc 910 Delrey Drive College Station, TX 77845 09/D8/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. INSURERS AFFORDING COVERAGE INS. A: AXIS Insurance Company INS. B: INS. C: CERT NUMBER: 1000914201 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN') CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS A GL AX0L02100475-10 02/20/2010 02/20/2011 12:01 a.m. 12:01 a.m. General Aggregate Products-Compleled Operations Aggregate Personal and Advertising Injury Each Occurrence Damage to Premises Rented to You.(Anv One Premises) Medical Expense Limit (Any One Person) 3.000,000 3,000.000 1,000.000 1,000.000 300,000 Excluded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - Tne Certiiicateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AXIS 1003-Additional Insured-Cenificateholders, but only with respect to WILD ADVENTURE RACE FALL 24-HR from September 17, 2013 through September 18, 2010. CERTIFICATE HOLDER CITY OF DULUTH 12 E 4 ST DULUTH. MN 55805 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ��4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-054 AN ORDINANCE ADDING TO THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING TO CHAPTER 110 OF THE BUSINESS REGULATIONS: BUSINESS REGULATIONS TO PROMOTE THE ORDERLY, COMPATIBLE AND SAFE USE OF PROPERTY FOR TEMPORARY SPECIAL EVENTS AND TO ASSURE ADEQUATE PROVISION OF PARKING, TRAFFIC, SANITARY FACILITIES, UTILITIES, PEACE AND TRANQUILITY OF RESIDENTIAL NEIGHBORHOODS AND SAFETY SERVICES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 110 — General Licensing Provisions, by adding the following language: § 110.070 SPECIAL EVENT PERMITS. (A) Purpose and intent. The purpose of this Chapter is to promote the orderly. compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic. sanitary facilities. utilities, peace and tranquility of residential neighborhoods and safety services. (B) A Special Event shall include the following: (1) Any temporary. privately -sponsored event. typically conducted outdoors, open to the general public, held on public or privately owned property that will be attended by over 100 people within a 24-hour period where such event would not otherwise be permitted under the City's zoning regulations. (2) An Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three (3) months in any calendar year. A Special Event Permit for an Agricultural Sales Business may be issued once per year and for no more than two consecutive years. (C) Exceptions: "Special Event" shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to Minn. Stats. Chapter 38. (2) Special events or activities permitted or permitted by other State laws or regulations of the City of Lake Elmo, including publicly -sponsored activities in the local park system and any other lawfully established event for which the City Council has expressly granted approval prior to adoption of this ordinance, unless said event is expanded or enlarged, in which case a Special Event Permit will be required. (3) Family gatherings. inc]uding family reunions, graduation parties, baptisms, confin-nations, weddings. etc. (4) Garage sales (5) National Night -Out or Night -to -Unite established through the City of Lake Elmo. (D) Permit Required (1 No person on or after the effective date of this Chapter shall conduct or allow to be conducted any special event as defined in this ordinance without first obtaining a Special Event Permit. (E) Requirements for Issuance of a Permit (1) The following standards shall apply to all special events: (a) Maximum Number of People. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit. (b) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or he a nuisance or disturbance to the peace and tranquility of the citizens of Lake Elrno. (c) Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must he provided which are sufficient to accommodate the projected number of persons expected to attend the event. (d) Security. The permitee shall employ at his/her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless Washington County Sheriff's Department is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (e) Food Service. The operator of the special event shall be responsible for securing any permits, if necessary, from the Washington County Health Department for any food services that are made available on the premises. Fire Protection. The permitee shall, at his/her own expense, take adequate steps to insure fire protection as determined by the City of Lake Elmo Fire Chief. (g) Duration of Special Event, The permitee shall operate the special event only on those days and during the hours specified on the permit. (h) Cleanup Plan. The special event applicant is responsible for clean up of the site upon completion of the special event, and shall specify the amount of time anticipated to restore the site to its pre -event condition as part of an application. Any clean up or restoration work required by the City may be charged to the applicant. Any City service that requires overtime will be at the expense of the applicant. (i) Waiver. The City Councilmay grant a waiver from the requirements of this Chapter in any particular case where the applicant can show that strict compliance with this Chapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this Chapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations. Insurance. Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Council if reasonably determined necessary. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten (10) days before the expiration or cancellation of said insurance. (k) Miscellaneous. Prior to the issuance of a permit. the City Council, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons. attendant or of the citizens of the City of Lake Elmo including, but not limited to. restrictions on parking and vehicle access. lighting, litter and noise. (2) In addition to the requirements listed above, the following shall also apply to a Special Event Permit for an Agricultural Sales Business: (a) All performance standards as specified in Section 154.110 for Agricultural Sales Businesses. The City Council, may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event. (F) Application Procedures. (l ) A written application for a Special Event Permit shall be filed on forms provided by the City with the City Administrator not less than thirty (30) days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a Special Event Pen -nit, City staff will review the request and advise the applicant of the need for additional information, if any. (G) Fees (1) The fee for a Special, Event Permit shall be as established by the City Council. (H) Granting a Permit (1) The City Council, in its sole discretion, reserves the right to review and determine whether or not a request for a special event and/or street closing is acceptable. In the event the City Council determines the activity does not meet these criteria, such applications shall be denied. (J) Denial of Permit (1) The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of Lake Elmo or if other criteria herein are not met. The applicant shall be notified of such denial and may appear before the City Council to appeal such denial. (K) Transferability (1) No permit granted under this Chapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore. (L) Enforcement and Penalties (1) The City Administrator and other such officers, employees. or agents as the City Council or City Administrator may designate, shall enforce the provisions of this Chapter in accordance with Section 10.99 of the City Code. (2) The holding of a special event in violation of any provision of this Chapter shall be deemed a public nuisance and may be abated as such. (3) Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. (M) Revocation of Permit (1) The permit for a special event may be revoked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this Chapter are violated. 4 SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No. 08-054 was adopted on this 1s1 day of November, 2011 by a vote of Ayes and Nays. ATTEST: Craig Dawson Interim City Administrator This Ordinance No 08-054 was published on the Mayor Dean A. Johnston day of . 20H. 5