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10-02-12 CCMP
THE CITY OF AKE ELI\ 0 C Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character f La e I averne venue uncil eetin Tue a c er 2, el AGeiDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGE DA E. ORDER OF USI ESS/GROU RULES F. ACCEPT I UTES 1) Accept September 11, 2012 City Council Minutes 2) Accept September 18, 2012 City Council Minutes G. PUBLIC CO E TS/I • I IES H. PRESE TATI S a) Utility Infrastructure Financial Plan - Tammy Omdahl b) Quality Star Recognition - Jaycees c) Quality Star Recognition - Rock Point Church CO SENT GE A Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3) Approve Payment of Disbursements and Payroll 4) Resolution 2012-49 Designating Data Practice Officials and Approving City's Data Practices Policy 5) Resolution 2012-50 Approving Tax Forfeited Parcels for Public Auction 6) 2012 Seal Coat Project - Pay Request No. 1 (Final) 7) 194 Corridor East Gravity Sewer - Approve Engineering Services to Prepare Revised Easement Exhibit 8) Resolution 2012-51 Approving Delinquent Storm Water Assessments 9) Resolution 2012-48 Approving Joint Powers Agreement for Building Services Pool 10) Demontreville Park Purchase of Benches and Foul Line Fence REGU. R AGENDA 11) Keats Avenue North MSA Street and Trunk Watermain Improvement Public Hearing and Resolution 2012-42 Ordering Improvements and Preparation of Plans and Specifications 12) Approve Ordinance 2012-63 Amending City Code Section 150.250 Pertaining to Shoreland Standards K. E BUSINESS Discussion Only Item: Sale of Interim Library/Art Center Building SUM ARY REPORTS • Mayor and Counci • Administrator • City Attorney • City Engineer • Planning Director • Finance Director D A OU CE ENTS Adjourn to Closed Session per MN State Statute 13D.05 Subd. 3(b) Attorney -Client Privilege regarding the Detachment Appeal N. CLOSE SESSIO ET C E O. Adjourn T PPEAL LAKE EL 0 CITY COUNCIL MINUTES CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES SEPTEMBER 11, 2012 Mayor)ohnston called the meeting to order at 7:00 P.M. PRESENT: Mmyor\mhostom,Council Members Emmons, and Pearson [Council Member Smith arrived at 7:31 P.M.) Also Present: City Administrator Zukmer, City Attorney Snyder, Finance Director Bendel, Planning Director Klatt, and City Clerk Thone. ITEM B: City Administrator %ulcger provided an administrative overview of the proposed 2013 Budget /\ small discussion was had to remind everyone of the possible need to add or include additional funds for traffic issues. Several other points were bighUghtrd, including the elimination of the use of the internal service funds for back0|Uogshortfalls, the inclusion ofcontingency funds, and the proposed paying down ofdebt to maintain a high bond rating. Mc 3ulogerooted that the staff attempted to provide a true operating cost budget. The proposed budget increases the Levy $50,342. ITEM C: GENERAL OPERATING ACCOUNT REVIEW Finance Director Bendel informed the Council the City anticipates about $3,000'000 in �ross revenue vvbjcb is a little less than in the pant doe to o reduction in grant money and other anticipated revenue reductions. There isananticipation ofincreased permit revenue coming in. The 2Ol2budget was $Z'90O,DQU. The city came inat$2,95O.00O. The overage was primarily due to the transfers coming in higher because o[paying down the $200'000 in debt. The 2013 figures are increased byabout $lOO.0OOmostly due tustaff additions, Council Member Pearson and the mayor asked for clarification onthe increase in tile Fire Department budget. Finance Director Bendel explained that those funds had historically been in the [}P fund and are now in the operating budget. City Administrator %u|cgcr explained thc policy change for the Council. ITEM D: ENTERPRISE/UTILITY ACCOUNT REVIEW Finance Director Bendel noted that the funds are cash -flowing, which is vital for future planoiu��At the end of20I1the enterprise fund had $839,000. The staff isprojecting $471,000 in the 2013 budget available for future infrastructure development. City Administrator Zule�cr also explained that this year the staff did not allocate a significant portion of surface water revenue to fund the Finance Department, The realigned expenditures correct past nnisaUocabous. Council Member En)numos soush\ clarification regarding the status and funding of the Water Fund. Mr. %u)egec clarified that the VVmtcr Fund is cash -flowing for the day-to-day operations, but the looming debt service needs tobeaddressed. Page 1 of 3 LAKE ELMO CITY COUNCIL MINUTES SE BER 11 2012 ITEM E: SPECIAL ACCOUNTS REVIEW Finance Director Bendel explained that this sccbno is actually the Internal Service funds The recommendation istoexpend the funds currently available, but tonot transfer any additional funds into that account. The "Radio Replacement Fund" currently has about $72.000. All proposed expenditures will he brought tothe Council separately. One item that is needed is a new large format printer for tile Planning Department. The "IT Fund" currently sits at about $24,000. One expected expenditure will be required upgrading of staff computers. The ^Furniturc,Fixtures, & Equipment Fund" were mostly expended performing the renovations to city hall. A discussion was had with council members, and City Administrator Zulcger explained all lar�o expenditures not laid out in the budget will be brought to the Council for approval instead of using the Internal Service Funds. The difference in the ClY Fund process was dinduguisbcd from the standard expenditure submission t0the council. [Council Member smith arrived at7:31 PX1 ITEM F/3013'2015CXP REVIEW Finance Director Bendel and City Administrator 3u)rgm'explained this was a preliminary draft pro forma. Some work items are nhU outstanding regarding the pro forma. It was noted that it does not include any revenue from 3K4 litigation. Finance Director Bendel noted that the [lPwill not impact the 2013 Budget Levy, It will impact the 2014 Levy and forward. In response to Council Member Emmons inquiry about the Cl9 numbers beingolacebo\dern until more specific information is brought back to Council, City Administrator Zu(egor advised that the Levy motion should include language regarding the pending issues. Mr. Zu|cgnralso pointed out that the council needs to re -hear and re -vote on the Keats Avenue Trunk Water Maio, If it did not pass, it would affect the Inwood Avenue Trunk Water Main and booster station and require a redesign, which would have an impact onthe figures. Also, there is additional sewer work that needs more investigation in the Legion Avenue/Lake Elmo Avenue area that may affect the calculations. Lastly, it was reiterated that the need for additional fire apparatus will have an impact as well. Mayor Johnston raised the issue oftraffic safety enforcement, City Administrator Zulrgerexplained the estimated cost of$7O'000-80,00O, but noted that further information is still needed, including the enforcement report of the pilot program and discussion with Washington County Sheriffs Office. Council Member Smith expressed her wish to refrain from traffic enforcement discussions at this time. Page 2 of 3 LAKE EL 0 CITY COUNCIL MINUTES SEPTEMBER 11, 2012 A discussion was had between council and staff regarding once the levy is set, it can be reduced, but it cannot be increased. The need for additional staff was discussed. All members agreed that more information regarding the traffic issue is needed before a final decision on funding a solution can made. ITEM G: PUBLIC COMMENTS/INQUIRIES: No public comments. ITEM 11: ADOPTION OF PROPOSED LEVY MOTION: COUNCIL MEMBER SMITH MOVED TO ADOPT THE RECOMMENDED BUDGET LEVY OF $3,163,359 REFLECTING AN INCREASE $50,342. MOTION SECONDED BY COUNCIL MEMBER PEARSON. MAYOR JOHNSTON MOVED TO AMEND THE MOTION BY ADDING AN ADDITIONAL $70,000 PLACEHOLDER FOR TRAFFIC ENFORCEMENT OR ANY OTHER NEED WITH THE OPTION TO REMOVE IT MOTION SECONDED BY COUNCIL MEMBER PEARSON. MOTION CARRIED 4-0. AMENDED MOTION: ADOPT THE AMENDED BUDGET LEVY OF $3,233, 59, REFLECTING AN INCREASE $120,342. MOTION CARRIED 4-0. ITEM I DESIGNATION OF DATE AND TIME OF PUBLIC HEARING The staff recommends the date and time of December 4, 2012, during the regular City Council meeting at 7:00 P.M. for the 2013 budget public hearing. MOTION: COUNCIL MEMBER SMITH MOVED TO DESIGNATE THE DATE AND TIME OF THE 2013 BUDGET PUBLIC HEARING AS DECEMBER 4, 2012 AT 7:00 P.M. MOTION SECONDED BY MAYOR JOHNSTON. MOTION CARRIED 4-0. Council members held a very brief discussion regarding the future of the Arts Center, It was agreed upon that that item would be placed on an agenda in the near future. ADJOURN: The meeting adjourned at 8:15 P.M. Sandie Thone, City Cierk Page 3 of 3 LAKE ELMO CITY COUNCIL Dean A. Johnston, Mayor LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 CITY OF LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston, Council Members, Smith, Pearson [Council Member Emmons arrived at 7:03 P.M.; Council Member Park arrived at 7:15 P.M.] Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt and City Clerk Thone, APPROVAL OF AGENDA, MOTION: Council Member Pearson moved to approve the September 18, 2012 City Council Agenda as presented. Council Member Smith seconded the motion. Motion passed 3-0. Council Member Emmons arrived at 7:03 P.M. ACCEPTED MINUTES !TEM 1; THE SEPTEMBER 4, 2012 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED (PAGES 3, 6 AND 6) BY CONSENSUS OF THE CITY COUNCIL, PUBLIC COMMENTS/INOUIRIES: Charlie Stockwell, representing the Minnesota Boat Club, announced that his organization along with the Minneapolis Rowing Club and several other Twin Cities rowing clubs will be submitting a proposal For a rowing competition on Lake Elmo to be held on August 3 and 4, 2013. The group is seeking support of residents living on the lake; if they receive unanimous support they will bring forth a formal request for -approval for the event. Past similar events were held in 1976 and 2009. The group is working with the Lake Elmo Park Reserve, Washington County, and the local Lake Elmo business community. PRESENTATIONS: No presentations. CONSENT AGENDA 2. Accept Financial Report dated August 31, 201.2 3. Accept Building Permit Report dated August 31, 2012 4. Approve Payment of Disbursements and Payroll of $254,454-.60 5, 2012 Crack Seal Project - Receive Contractor Quotes and Award Contract 6. 2012 Street and Water Quality improvements - Pay Request No. 1 7. Approve Resolution 2012-4,4 to Set Hearing for 2013 Budget and Levy Discussion MOTION: Council Member Snlith moved to approve the Consent Agenda as presented. C01117C11 Menthcer Emmons seconded the motion. MOTION PASSED 4-0. Page 1 of 6 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 REGULAR AGENDA ITEM 8: 2011 STREET AND WATER QUALITY IMPROVEMENTS - FINAL ASSESSMENT HEARING City Engineer Jack Griffin presented information on the 2011 Street and Water Quality improvements, The three project areas were Tartan Meadows, David Nelson Estates, and the 501h Street and Kimbro Avenue area. He provided an overview of the costs of the projects stating the final project costs came in at $604,000 with savings due to favorable construction bids. The final proposed assessments for included properties are as follows: Tartan Meadows: $2,700, David Nelson Estates: $3,200; 50th Street/Kimbro Avenue: 55,400. The city's share of the cost dropped from $578,000 to $453,000. All figures are lower than expected. Mr. Griffin also provided an overview of the financing terms,. OPEN PUBLIC HEARING AT 7:11 P.M. No public comments. CLOSE PUBLIC HEARING AT 7:12 P.M. Council member Smith commented on how pleased she was about the savings and expressed her appreciation for the work of staff. MOTION: Council Member Pearson moved to approve RESOLUTION 2012-45 ADOPTING THE FINAL ASSESSMENT ROLLFOR THE 2011 STREET AND WATER QUALITY IMPROVEMENTS, Council Metnber Smith seconded the motion. MOTION PASSED 4-0. ITEM 9: ORDINANCE 2012-62 ZONING AMENDMENT CODIFICATION; APPROVE RESOLUTION 2012-46 AUTHORIZATION OF SUMMARY PUBLICATION OF ORDINANCE 2012-62 Planning Director Kyle Klatt explained this amendment is the same as presented at the August 21, 2012 meeting. The purpose for bringing the item back to council is to approve the ordinance codification and summary publication. MOTION: Council Member Pearson moved to adopt ORDINANCE 2012-62 APPROVING ZONING TEXT AMENDMENT AND RESOLUTION 2012-46 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 2012-62. Council Member Emmons seconded the motion. MOTION PASSED PASS 5-0. Council Member Park arrived at 7:15 P.M. ITEM 10: APPROVE PROPOSED GENERAL LEVY AND PROPOSED 2013 BUDGET; RESOLUTION 2012-47 The Council was asked to reconfirm the council action taken on September 11, 2012 by resolution. 1140TION: Council Member Smith moved to approve RESOLUTION 2012-47. Council Member Park seconded the motion. MOTION PASSED 5-0. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18,7012 ITEM 11: (Taken up later iomeeting toaccommodate additional public comments) ITEM 12: LEGION AVENUE SEWER SURVEY RESULTS City Administrator Zu\cgcrexplained the survey process and results (nine YES responses, six NO responses) and provided the current status of the project. Many of the respondents inquired about the cost, He expressed that the costs will be estimated by staff and should be completed in October. Staff is planning on extending the survey south to include additional properties on Lake Eli -no Avenue. Council Member Emmons inquired about specific sections (specifically south of3Uy Street) of the area and whether they would or should be included in the survey. He expressed his interest to keep the area inconsideration goin�forward. Mayor Johnston inquired whether the survey in necessary for the properties across the street if state iavv required connection regardless, City Attorney Snyder explained that the Council has discretion in conducting a survey. He explained the options of neighborhood norcdn�s' workshops, and surveys and the respective pros and cons n[each, Ultimately, terms o[hook-up and timing are op to the Chn's discretion, City Administrator Zulcgerrecommended continuing with the survey for consistency and data integrity. Council Member Pai1 inquired how the south side of the area would hook up to the sevver line. City 2n�inrrr Griffin stated if the sewer is made available a service stub would be available and property outside of the area would not receive a stub so the value of the survev is to determine the interest and to determine i{the MU3A needs amending. The specific design o[the project has not been done yet, so specifics such as pipe location are undetermined. Council yNernbcr Scnidb reminded the Council that staff was previously directed to consider this area, Justin Blnyer,Q8D1Jane Road North, approached the council and asked whether these units would count towards the rrc units. to which Mayor Johnston replied inthe affirmative. SUMMARY REPORTS AND ANNOUNCEMENTS Council K1ooubcr Pearson reported meeting with the City of Oakdale to discussed truck sharing. He asked for the Cound|'s support of the program, and all members confirmed their support. Mc Pearson also reported the library board had a meeting and was discussing hiring a fuUhme librarian. He asked whether there vvuu|d be council support for this action. Council Merobcr Enocnouo inquired how this would fit in the previous plans, Mr. Pearson responded that the Board vvnu|d best be able to answer that question, but previous plans included payin- offthz exisdne debt, City Attorney Snyder asked that council put this on as an agenda item fora future nu,edu.). Mr. Pearson just asked that council he aware of the discussion, K4a}mr Johnston asked that the library board present the item at a later meeting. [it��dozini��rator Zu}e�:r added that lie met with )udyGibson of the library board, and they are working on 20I3 objectives and -oats, vvh\cb includesstaffin�needs. Page of LAKE EXMOCXTY COUNCIL MINUTES SEPTEMBER 18/2012 Council K8cnober Smith reported she vvoo\d like to xrc a list of expenditures for the library to date. She thanked all volunteers at Lake B>rou Days and stated the svco< was very xurcess[ul and expressed her appreciation for the xpnrdnocvents and especially thanked staff who helped make the event such a great success, Council Member Emmons also thanked the many volunteers at Lake Eli -no Days, Council Member Park expressed her excitement for all of the new staff: Deputy Clerk Adam Bell, Taxpayer Services and Communications Coordinator &)yssa MacLeod and Building Official Rick Chase. Mayor Johnston reported participating ioameeting a1Cimarron with residents and Washington County. That meeting also included a discussion about a book exchange with the library. The Mayor also reported vvorRotary,atLake Clnno Days for the �nLa�toobngwith the Metropolitan Parks and Open Space Commission at Lake Bn/o Park Reserve, a1tendin�o Metropolitan Couod|noce�io�und appointed chair of the Parks and Open Space Commission. He also gave a brief update on the gateway corridor stating the transportation was mainly proposed in Woodbury, City Administrator 2u)e�er reported lie and Finance Director met with Northland Securities. Staff will be submitting a Utilities Pro Forma that dnpu not include any legal settlement in order to provide u baseline, Along with Public Works Director BoutbUet, he met with the Parks Commission. The Commission has developed aplan o[work for 3013. Mr. 2u|egerreported the new neokly newsletter called "Fresh" will begin being published soon. Bereported that be had adiscussion with the Oakdale City Administrator about providing water service to the Keats Avenue/Eagle Point area of Lake 2|roo as well as public works and safety collaboration. K4c Zolcger provided a recap of the 9/12 staff retreat. Staff is addressing train whistle issues that have emerged. City Attorney Snyder reported the detachment beaco� had been sustained by d` Washington Countv District Court, and an appeal may be necessary, Fie proposed a closed/executive meeting on the ongoing Ud�a�on. City Engineer Griffin had no additional report other than his written reported previously provided to council, P|annin� Director K]��� reported scheduling o town hall oneudn� rc�xrdio�tbe Village Land Use P|on� Staff has also been vvorkin�with the y�ionesutaLand Trust roidcodfvuphonsfor open space preservation. &ViUa�evvnrkgroup nnccdugisabuscheduled before the tovvnhaUonec1ing. Finance Director Bendel reported she has primarily been wrapping up budget items. October will entail storm water assessments, street assessments in November, and regular- water assessments in Drcerohcr, She also notified the Council that,- she will be attending a Government Finance Officers Association conference. City Administrator 2u|eger noted that Planning Director Klatt will be a�codiu� �br upcoroin� American Planning Association conference. Mr. Zole-eralso will beattcndin-und |eciuringata lean government conference in Steven's Point'VVL Page 4of6 LAKE ELMO CITY COUNCIL MINUTES [Council called n/veminute recess ot7��M. Council returnedfrorn recess at 7:56�M.] ITEM It: LAKE ELM{) TRAFFIC ENFORCEMENT UPDATE (Item numvoU to accommodate additional public wishing tocomment) City Administrator 2u|egmr presented information on the current concerns of the chv's traffic enforcement and highlighted the red zone traffic policing inthe community inthe past six months, He expressed the practice has produced data from lI different sites in tbc city oil speed, bonc of day' and number of vehicles. He stated staff has been working closely with MnD01, Washington County and the Safe Koutr to School program regarding traffic concerns on Lake EbnoAveoue and Highway 5. He stated they have specifically requested tro[Or calming efforts in these areas and reported the speed trailer will be on Highway 5 beginning on September lq, 20I2. Kccomuncndnhonsand requests include the following: ]) Speed limit rodurbno on Lake Elmo Avenue from 40nnph to 30cnpb from 20* Street to Highway 5, Zl Zero tolerance for speeding (writing citations at the lowest possible speed over the limit). 3) Speed limit reduction on Highway 5 from )anuaca Avenue (the roundabout) to Klondike Avenue h-orn 55nuphto 45nnph, In addition, areduction to30nnpbfrom Klondike Avenue tn k4unoiu- Avenue isrequested. 4) Perform Road Safety Audit ooHighway 5. Mayor Johnston inquired whether the Parks Commission had discussed a trail or sidewalk on either stretch of road, and City Administrator Zo|:gcr replied in the affirmative and those discussions are beginning. Council Member 3ooi\b recalled a pcujectdiscussion involving Lake Elmo Avenue in the past and asked City Engineer Griffin if he recalled the property owners were opposed to the trail on Lake Elmo Avenue to which Mr. Griffin replied he did recall the discussion similarly. Discussioii was had regarding staffs work on the traffic enforcement overtirne approved at the last council meeting but the additional officers have yet to begin the increased traffic enforcement for the approved 30 day period of extra patrol. Mayor Johnston explained that adding all officer ]uUtirnc would cost the city approximately $I20'000 annually and approximately $40 per household in taxes annually to put itinto perspective for residents. Council Member Park supported the speed limit reduction on Highway 5 and stated bovv difficult the traffic has become in this area, Mayor Johnston yu��estcd a parked squad car as a traffic calming advice. City Administrator Zu\cgor reiterated how the zero -tolerance enforcement poUoy works. Mayor Johnston noted that the code -red enforcement has been mildly successful with non- residents, but fairly successful with residents, PUBLIC COMMENTS: Page of LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18,2012 Tanonv3aeDec 28I3 Lake E\noo/\vcooc. expressed her concerns about the xpeedin- on Lake B|mo Avenue and explained her dog was killed by a car on the road in front of their house, She also noted a woman was killed many years ago riding her bike on the road. Teresa Schmidt, 3240 Lake B)noo Avenue, expressed her cooceroa over the speeding near !ohn Butenho{[ 2976 Lake Eli -no Avenue, commended and supported what the citv was doing to rectify the situation. Paul Larson, 204I Lake Elmo Avenue, expressed his concern that 3O mph from 2011' Street was not far enoo�handcecononaeodcdi�be�inu1the boUcornn[the hiUand noavbcadd aflasher -itisfo�y five infront ofhis house where his grandchildren cross tothe lake. Donald Durand, 2901 Lake Elmo Avenue, expressed his concern of the out of control speed of the vehicles on Lake Elmo Avenue and cited the 29 tickets over the past three vvecbu. He cited the no}unnc of human traffic crossing, walking, jogging, hiking along and to the lake and he personally has been almost hit several dnnos. He stated there are 36 residents who need to cross road to access the lake lie stated the worst times are in the morning and early evening work -drive times. Stephen Johnson, 291.5 Lake B\nno Avenue, expressed his thanks for the cnood| addressing the resident's concerns re�ardingthis issue and supported aDo/the previous pobUrcononncnis. City Administrator 2u\cgor stated staff will work to implement the increased enforcement and expects report hronn Washington County 3bchU'soffice after the 30'day increased enforcement and calming efforts. Staff is continuing to work with TWoDO7 and VVaobiogtmo County Transportation and will bring the issue back to council after that study io concluded. The Mayor expressed concern that the affected residents receive notice o[the issue back oothe agrnda.Mr, %ulegerconfirmed that notice will beprovided tbrouQhuUthe regular channels. Council Member Park asked City Engineer Griffin if City cindependently implement the proposed traffic calming measures nr i[ i� would n�cd to work with the county, Mr. Griffin confirmed that the county would need tnbeinvolved. A brief discussion was had regarding the source of the traffic. MOTION: Cuunc8 Member Pork moved Co adopt the four traffic management mmmmm,dndnm presented bY staff Alq),,orjohnston seconded the nwtion. MOTION PASSED 5-0, &DY(}URN:?bco`eedn�adjourned o\8:4DP�y�. Sari dicThonc'City Clerk Page 6 of 6 LAKE ELM0[ITY COUNCIL Dean A.]obos\on'Mayor 0 AFT 2012 REF' T As of October 2, 2012 NORTHLANDSTRATEGIES Special Frofects Group Letter nfTransmittal Executive Summary 1 Study Approach_ ..... --....... --'------'...... -....... .......... ----........ -------.l Conclusions from Study_ ... ------....... ....................... _--............ -_---'--1 ncc"m"oonclpuv"s-... --'............ ---........ .... ___ ...... -----_-----_'---2 Orgaoizahon of the Report -- ------------------2 ihing(lie Report ---------'-............. ............................ ---...... --'--_-----J Background 4 .................. ......... -._-__--.... ----------'4 SanitarySpwe/'---.......... -............. ......... ___ .... ...... -....... ----------_........ -4 StormSe*er..--.... -_-----'--_--............ ....... -----------�------1 Capital Improvement Plan 5 Capital |n`p/ovprnentProjects ... -_'.......... ---_.......... -'_-................. -----5 Source "[ Funding '--------....... _... ................. -_----------_----'5 DebtSprice---.... ----........ --.......... ---........ ---...... -----__------5 Capital Improvement Plan Wa,e,....... -----'_-'---'-------------_-'---7 Capital |mpmwemeMPlan Sanitary Sevver--................... -...... ...... ........ -...... _----8 Debt Service Summary Yepr5a0l2m2oZl......... ............ ........ ... .... �_--............ ---�9 Water Fund ' Future Debt 5prvie'-... ....... ........... -......... ........... ... -...... -----'--'l0 5anita,ySewer Fund Future Debt Semkr--'--'-....... ............ ...... ----�'----��ll [omhinedWater and Sanitary Sewer Debt Service Years 70|2to...l7 Utility Rates 13 KevFacvnrs--.......... ................ ...... ....... -_--_----....... ..... ___ |7 4mma|Ope/oUngExpendkuxs... _---'---'---'--------'--'--'-...... 'l3 Metropolitan Council Environmental 5ewicp5---'--....... -�-............. -'_---....... l3 Annual Capital pxppndi\ues-----........ ...... '................ ---_-'--......... _-_q Debt3er"kp-'--'----..... -----'--__---........... ____ '----_.......... ---....... -/4 G/ow,hin[vnomeo----........ ------................ .......... -'----_-------'-lo Available Other Revcnve5nuoe5_--... ___ ........ ____ ...... ................................... -''--_'11 Historical Utility Rates ----.... .......... ...... -............. ........ ... ___ ..... ____ ....... _-_----'15 pomneUtility Rates .... ...... ___ .......... ....... .............. ......... ... ... ......... -'-_----'-.... 15 Projected Volumes of Water Sold and Sanitary Sewer 0Ued.... ---'_-.......... '-...... l5 Table o[Prior Years Utility Rates (2OUr-2o1V-.... ..... ...................... '------'...... ... }6 Table of Projected F"weUtility Rates ... ____ ........... ___ ........... __---_-....... ..... lr Table ofProjected Volumes o[Water Sold and Sanitary Sewer 8iUcd... -....... ........... -/8 Chart n(Projected Volumes o(wa ter SnN--'_....... -................. -__...... �......... _/9 Financial Plans 20 Key ^a,o/npov",--_-_---'-----_...................... ........ __--_------zn Co"8eniKs Sanitn'ySewer F"nd......... —.......... ....... --- ............. ........... —'-----'-....... —'_'--_—,22 BonnSewer Fund ....... ----........ ---- ............................ ...... _.......... ----_---z3 Appendix Water- Fum1Pno)ermcd[ad.8n/onces—..... ------......... ....... ..................... ................. 74 Sanitary Sewer Fund Pwjer,eUCash 8a|ancrs'—.... ........ ......... —..... .......... ......... ............ 25 Storm Sewer FundPvieUodCash Ba|ances_.... ........ ---- .......... ---........ ... ... ..... ... Z6 Wa»er|undSnv/oe5and Uses -............... ....... -... .... ........... '_--'-----'...... ---'27 Sanitary Sewer FmndSovrcpsand Use5--......... -...... —.......... ...... --............. ...... --2U Storm Sewer Fund Sv"rccsand Uses ... ....... .......... --............ —.......... ......... _....... 79 Example Residential Water and Sanitary Sewer Bill ---- ....... ... ... ......... ........ —'_.3V Example Commercial Water and Sanitary Sewer Bill —.......... --____ ..... —...... ___ ... —]l Comparison nfFees mOther .......... --- ---......... _-----_--'--3Z Comparison of Availability and Connection Charges to Other [hies. ... ...... _--_]] Proje(ted Growth in Units from Land Development, ... ...... ....... 34 24 ii NO RTII LAND tick tber 2, 2012 Dean 7oleger City r\ clminist ra tor Lake L0uio CO Ilall 3800 Laverne Avenue [Joni) Lake LILUO, MN 55(112 RE: Financial Ntanagement Plan for City Utility Funds Dear Iteart: LJ RIT1ES Nortfilmad Suctit it ies, Inc. was hired for financial planniitg services for utility system user charges and rates. Services include performing a utility rate analysis for the Water, Sanitary Sewer, and Storm Water Utility Systems of the City of Lake Elmo, Tlie analysis and report nu -Antes a review of the past perfori wince of the Systems, determines the adequacy of current revenues, and provides recommendation on future rates which reflect recent and projected cost experience in addition to anticipated capital project expenditures and estimated future debt service, The report is presented to you as a draft pending further review by the City. We will incorporate feedback from the City in preparilig the final report. We appieciate he opporninily to work with the City of Fimo Sincerely, Tairuuy Onidal N tanager of Northland Strategies/Senior Vice President 40 South 7,, %eel, Suite ?OM, klirdierprol is, MN 50-102 1612 851-590U / Dicr (612) 85I-49Q2 / Fri!: ifificIrPtnorlhIlrld.ccuritiEs,com Member FINP,Alnd SICC. 111 EXECUTIVE SUMMARY The report is intended to serve as a guide for the fi- nancial management of the City's utility services, in- cluding water, sanitary sewer, and storm sewer. The report contains information on capital improvement plans to increase capacity of the utility systems, esti- mated future utility rates needed to support opera- tions and capital improvement plans, and multi -year financial plans for each of the three utility funds that includes all projected sources and uses of funds and resulting estimated cash balances by year. The financial plans included in the report are built around identified key assumptions, including cost drivers and projected utility rate increases. 'I° the extent the assumptions in the report change in the months and years ahead, which they Will, the City vill need to adjust its financial plans accordingly. Study Approach This report was prepared by Northland Securities. The following steps were taken as part of the study process: • City provided information on historical spending and revenues, volume of water sold by different tiers and customer, capital improvement plans, and prior years budget information. • City provided information on projected growth from future residential and commercial develop- ment, • information provided by the City was organized, analyzed, and used to suppori the development of financial plans. • Once the initial financial pans were developed then different scenarios were considered and ana- lyzed to determine impact on utility rates. • City staff offered input and feedback on the as- sumptions and desired 011tcomes. it is also important to note aspects of financial perfor- mance not reviewed as part of this study: • The validity of the assumptions and figures pro- vided by the City on future growth was not re- vielved. • Analysis of the basis for the City's determination of current sewer and water availability charges was not reviewed. • The financial impact to the City of potential chang- es to the existing customer tier structure for charg- ing for water and sanitary sewer services was not reviewed as part of this study. Conclusions from Study The following conclusions were identified as a result of this study: 1. To meet projected service demands. the City is pJanning lo expand its capacity to deliver water and sanitary sewer services. This is driven by the City's projections for future development; the addition of housing and commercial units. The City plans to pay for the improvements through a combination of projected available cash, issuance of debt, grants and other intergovernmental pro- ceeds. 2. _Higher utility service tees for existing customers will be needed if projected development does not occur at the rates estimated by the City (as shown Executive Summary on page 34). 'the issuance of debt to finance the identified improvements for water and sanitary sewer will require increased revenue in the utility funds to cover annual debt service. The City antic- ipates an increase. in revenue from a combination of fee increases and changes to how it charges new residential and commercial twits for availability and connection to 1,yater and sanitary sewer ser- vices. If tievelopment occurs at a faster pace than projected by the City, it may allow for the City to adjust the increases shown for utility charges in tl le report. 3. Projections show the City will maintain sufficient cash in the utility funds to meet the City's goal of having cash in the utility funds eouivalent to 50 percent of operating expenditures. The fees and charges included in the report, conibined with the projected historical volume of water sold, plus the projected "new" revenue from new residential equivalent units (TR ELl) will provide the cash need- ed to operate and cover debt service. Recommendations The following, recornmendations are offered bsed on the Conclusions from the Study. .1. '[he City should. adopt a new charge for the cost of connecting to nut nicipl sanitary sewer and in- crease the amount it presently charges for connec- tion to municipal water. This charge should reflect the City's cost of infrastructure for providing ser- vice. this new and increased charge is included in the report and reflected in the revenue shown in the financial plans. 2, The City should consider impleineiaing a uniform availability charge. The report anticipates the City kvill collect an availability charge from property owners or developer(s) when water and sanitary sewer services become available through construc- tion of new infrastructure. While the report rec- ommends an availability charge, the process of col- lecting charges to pay for the infrastructure could also continue to be in the form of levying a special assessment against the benefiting property. 3. The City should plan to structure future debt in a conservative manner (delaying certain maturities) to provide the City with time for future develop- ment to occur and increase revenue. If develop- ment does not occur at the rates projected by the City it will require higher fees and charges to ex- isting customers to pay for the infrastructure that 1.011 be financed and in place. 4. The City should adopt a formal fund balance poli- cy. This policy will provide guidance for financial management and will inform future decisions on adjustments to utility fees and charges. The re- port is based on direction from City staff to plan for achieving a cash (hand) balance at 50 percent of anticipated annual operating expenditures. Organization of Report The report is organized into five sections: 5. Executive Sun -unary provides information on the organization of the report, study approach, using the report, and conclusions and recommendations. 6. Background discusses the historical context (i.e., growth and development of the con 1111.0 n v) and financial status of the utilities. Capital Improvement Plan provides information Executive Summary on the Cilv's identified plans for expanding the management plan update. capacity of the vva ler and sanitary sewer systems. 'is includes estimates on project costs and sourc- es of funds to pay for the improvements. Informa- tion en deb( service is also included. 8. Wilily Rates provides both historical, current, and future projected utility rates that will be necessary to maintain a positive financial condition for the Water and Sanitary Sewer Funds. Information is provided in the Appendix of the report on what proposed rate increases will mean to customers of the utility systems vvith respect to quarterly bills, 9. Financial Plaits are provided fur the Water. Sani- tary Sewer, and Storni Server Funds. The financial plans provide both historical, current, and future projected sources and uses of funds. Financial plans take into account capital improvement plans and rate structure. JO. ApPendbc provides charts of data from the finan- cial plans and information on projected growth in residential and commercial customers. Using the Report This report is intended to be a practical guide for City staff and the City Council on the on -going manage- ment of the Citv's Water, Sanitary Sewer, and Storm Sewer Funds. Much of the information in this report has enduring value and will serve to continue to guide management decisions over a number of years. HOW - ever, management of enterprise funds is a dynamic system. Customer base changes, statutes and rules change, cos( of labor and materials and supplies will vary from assumptions from year-to-year. This report should he Ole foundation of aii annual review and Executive Summary BACKGROUND The City of Lake Elmo is located on the eastern edge of the Twin Cities metropolitan area. The City's 2030 Comprehensive Plan forecasts and provides for ap- proximately eight times the growth in households and population. during the 2000-2030 planning period than was experienced during the 1980-2000 period, The City reports an estiinated 20-10 population of 8,069 and 2,774 households (2010 Census), Population is es- timated to increase to 18,40'3 by 2020 and households to 6,324 (2030 Comprehensive Plan). 'Tile land area for the City encompasses approximately 15,25'0 acres. The Ci[v's 2030 Comprehensive Plan provides guid- ance cm the City's plans for managing future demand for utility infrastructure, Water Utility Lake Elmo owns, operates and maintains a numicipal -vvater supply and distribution system. The City has a goal to serve existing population desiring public water supply while preparing the system to allow people to connect as development occurs or existing areas re- quest service. This policy guides the City's capital im- provement planning and the need to maintain a flex- ible and responsive water system. Capital planning includes projects to correct existing deficiencies and to expand the system. The City uses an (mterprise fund to account fur its wa- ter operations. The unrestricted assets in the Water Fund totaled $1,072,022 and a cash balance of $752,658 at December 31, 2011. There were no significant trans- actions to report for the year ended December 31, 2011. Sanitary Sewer Utility Property owners in the City are served by individual sewer systems or in limited areas by municipal sewer. Capital plans will provide for an increase in the number of properties to be served by municipal sewer and connection to the Regional Sewer System, The Metropolitan Council Environmental Services (MCF,S) plans to extend regional sewer service to serve a greater area of the City. The City uses an enterprise fund to account for its sewer operations. The unrestricted assets in the Sewer Fund totaled $62,994 and a cash balance of $27,062 at December 31, 2011. There were no significant transac- tions to report for the year ended December 31, 2011. Storm Sewer Utility Tlie City operates a storm sewer utility!, The system of conveyances is owned and operated by the City and designed for collecting or conveying storm water, and that is not used for collecting or conveying sewer. The City collects an annual fee from property, owners that is used to pay for the cost of constructing and main- taining the system.. Background 4 CAPITAL IMPROVEMENT PLAN AND DEBT SERVICE The City has developed a multi -year capital project plan for its utilities. The Capital Improvement Plan (C[P) provides details on project costs by year and pro- posed funding sources. Identified funding sources in- clude the planned issuance of debt. The CIP provides important input for the financial plans included in the report. The financial plans are inclusive of all sources and uses of funds, both oper- ating and non -operating, including capital spending plans, At this time the City does not anticipate any capital improvements for the storm sewer utility in the next live years. A CIF summary is therefore not included report for storm sewer projects. Capital Projects The projects included in the OP include projects to ex- pand the capacity and correct deficiencies of the water and sanitary sewer systems. The City of Lake Elmo is a developing community with significant utility ex- pansion needs. Projects include expansion of the City's water sup- ply capacity and distribution system. Sanitary sewer services vvill he expanded through the construction of connections to the Regional Seaver System. As a developing community, the City's capital_ im- provement plans focus on expansion and does not presently include capital spending, for maintenance of existing systems. This ci1J need future consideration ROMPIA1...**4 by the City as the community develops and infrastruc- ture ages and requires major maintenance and/or re- placement. Source of Funding for Capital Projects The source of funding for the planned capital projects includes either one of the following sources or a com- bination thereof: fund balance (cash); bond proceeds; levying of special assessments; grants, tax increment revenue collections, and intergovernmental revenue. To the extent future development expectations exceed or fall short of the City's projections, lite City may want to adjust the amount of water project costs to be paid for with bond proceeds versus cash, Debt Service The current CUfor water and sanitary sewer utilities anticipates the use of bonds to tundertake needed im- provements while keeping fees as low as possible. The projections assume that the City will issue gen- eral obligation bonds and use utility revenues to pay all principal and interest. This approach provides the lowest cost of debt. These bonds will not count against the City's debt limit. Debt management is an impor- tant factor in the City's ongoing capital improvements planning, The City has the authority to issue pure revenue bonds for these improvements. With general obligation bonds, the City pledges to levy property taxes to cover any shortfall in utility revenues. Revenue bonds are backed solely by utility revenues. The alternative use of revenue bonds without a general obligation pledge would have several financial implications for the City: • interest rates will be higher. The difference will Capital Improvement Plan and Debt Service depend oil Lite terms of the .ssue and the operation of the Utility. • The City ‘vill be required to set fees that will cre- ate revenues that produce net incorne in excess of debt service. Any scenarios with ongoing, annual deficits would not be viable. • The bond issue would include a debt service re- serve fund. A portion of the bond proceeds would be set aside to make payments in the event of rev- enue shortfalls. As a result, higher fees will be required with the use of revenue bonds to finance planned improvements. 'ale finance plans and related fee schedules included in the report anticipate the issuance of general obligation (G.0.) revenue bonds to finance certain capital improvements. The estimates for debt service are based on bonds to be paid generally over 20 years. The estimated interest rates used to calculate annual debt service were conservatively estimated based on today's current rate environment (today's rates for a Aa2 rating plus 25 basis points for anticipated 2013 bonding and 50 basis points for later years). The actual interest rates will depend on final structure and market conditions at time of issuance. Beginning on page 9, a summary of estimated annual debt service is provided for years 2012 to 2021 IvIiich is the planning horizon for the financial plans. On pages JO and 11, detail on the annual estimated debt service for future water and sanitary sewer bond issuances is shown. The chart on page 1.2 provides a longer term view of projected annual debt service for years 2012 through 2035, or over the life of the City's existing bonds and the life of future estimated bond issuances included in the report. Capital Improvement Plan and Debt Service 6 WA1 ER FUND CITY OF LAKE ELMO WATER and SANITARY SEWER FUNDS SUMMARY OF CAPITAL IMPROVEMENT PLAN (CIP) Capital Improvement Plan and Debt Service 2012 2013 2011 2015 2016 2017 2018 2019 2020 2021 Total tfoter Capitol Pricks Water supply tvell No. 4 and puniptiouw.konnr:oilii 1,500,000 1,500,000 Keats Ave 16" titnik extension rhase I: Western 194 Corridor (Inwood to Keats) 1,050,000 1,050,000 Segment 1: Walebooster pump 610,000 610,000 Segment 2: Inwood Ave 16" Bunk rvtcr]nn extnnsn 1,600,000 1,600.000 Snymenl 3 liti St to EP Bus Park 16' Bunk walerwain ext 780,000 780,000 Alt Segment ANT Po p 16' bunk wale.rmain extension Alt Set -pent 5: 12' leak ivatermain to non-miliguous East 400,000 100,000 All Segment 7: Ground storage tank 600,000 600,000 Phase II. Eastern 194 Corridor (Lake Elmo Ave. to Manning) Seynient 4: Lake Elmo Ave 12' trunk wotermain extension 2,775,000 2,775,000 Phase Illb-, Village Area (East to Village RIII:\var) Replace/upgrade watermains as streets dis)ill-Nod 900,000 900,000 Village Parkway/3911i Street 4 00, WO 600,000 1,000,000 Total 5,540,000 100,000 1,500,000 3,175,000 600,000 11,215,000 fil+irlitii; Source to( Water Cris( of Prniccts. Cash from 'Nate( rtro 1,500,1100 925,000 250,000 2,675,000 Bond proceeds 3,540,000 2,000,000 5,5/0,000 Grants (Mel Council) 1,000,000 1,000,000 Intergovernmental 1,000,000 1,000,000 lay, Imreluent /0evelorr r7o!itrn'Ir1inn 400,000 250,000 350,000 1,000,000 ., Total 5,510000 100,000 1,500,000 3,175,0110 600,000 11,215,000 CITY OF LAKE ELMO WATER and SANITARY SEWER FUNDS SUMMARY OF CAPITAL IMPROVEMENT PLAN (CIP) Capital Improvement Plan and Debt Service 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 iota! SANITARY SEWER FUND Scndori, Sewer Cavrtui Praiccts Segment 4: New lift s00ion al HudsooKeats, Connecting FM 900,000 Sciooni 6 I ludson Blvd lift station leplacenteril, connecting FM lo WOKE Phase 11 Easier 191 Col rider (Lake Flino Ave_ to. Mooning) Option AI 21/30 bunk sewer extension from 0-ES connectoin 900,000 300,000 300,000 option 8: WY trunk sewer extension from MCES connection 700,000 500,000 1,200,000 2U0, Option B: Ftitilr2 lift chino west of take Elmo Ave. 200,000 000 Phase 1111K Village Area (East to Village Par1;eroyf Village lift stallnn and ton-mnaip 3,800,000 3,500,000 Serpent 1: lake Elmo Ave & 30111 It & 39th St 1,100,000 1,100,000 Segment 2: Village Park,,oay lc 11-15 600,000 600,000 1,200,1100 Total 4,500,000 1,600,000 1,100,000 600,000 600,000 300,000 8,700,000 Funding Source [or Sontla Sewer Capitol PH:vols. (ash from Sewer Fund 30(1,000 300,000 Bond proceeds 3,500,000 1,200,000 1,100,000 5,800,000 Grants (Met Council) 1,000,000 1,000,000 Inleryry!ernrinvii 180,000 180,000 360,000 icT,. ilrfClirrIVT.T:197:1- Cormibotinn (future T1F distficls and developinent 100,000 120,000 (120,000 1,240,000 fetal 4,500,0n0 1,600,000 1,100000 600,000 600,000 300,000 8,100,000 WATER UTILITY FUND 6nnuat Debt Service for Water U GO Water Rev Bond 2005A GO Ref Bond 2009A (Refund 2002B) GO Ref Bond 2L12A (Refund 2005A) EST GO Water Rev 2013 Bonds ES I GO Water Rev 2016 Bonds_ otal SANITARY SEWER UTILITY FUND v Protects, Annual Debt Service on Sanitary Sewer Pr ES1 GO Sewer Rev 2013 Bonds EST GO Sewer Rev 2014 Bonds ES f GO Sewer Rev 2015 Bonds -Iota! CITY OF LAKE ELMO WATER, SANITARY SEWER, AND STORM SEWER FUNDS SUMMARY OF DEBT SERVICE (YEARS 2012 TO 2021) 2012 2013 2014 2015 Capital Improvement Plan and Debt Service 2016 2017 2018 2019 2020 175,025 300,025 320,650 315,250 54,680 53,680 52,480 51,280 49,880 281,043 95,455 125,455 125,275 125,065 53,560 229,705 449,160 498,585 491,805 509,548 STORM SEWER UTILITY FUND No existing or anticipated oustanding debt TOTAL ANNUAL COMBINED DEBT SERVICE anatial dollar chonge (moue( % change 53,680 272,143 124,810 128,560 579,193 52,128 293,343 124,495 127,585 597,551 55,575 284,043 164,120 126,460 630,198 53,850 279,843 163,070 125,148 621,9.11 81,430 181,430 180,830 180,130 179,280 178,230 176,980 175,480 57,313 57,100 56,863 56,588 56,263 80,888 80,013 55,513 55,275 55,000 54,675 54,300 78,863 81,430 238,743 293,443 292,268 290,868 289,168 312,168 334,355 229,705 530,590 737,32.8 785,248 801,816 870,061 886,718 300,885 206,738 47,920 16,568 68,245 16,658 13.1.075 39.0% 6,5% 2./ % 8.59'6 /.9% 942,366 55,648 6.3% 956,266 13,900 1.5°'r; Notes: EST ;estimated) amounts are shown for bonds with dates after 201.2. Estimates are based on the capital improvement plan included in the report. Annual debt service figures are preliminary. Actual structure may vary depending on financial management decisions made by the City, Interest rates and ter ms will vary, Detail on estimated interest rates and ternis are provided an pages 10 and 11. 9 2021 51,925 270,643 161,880 148,685 633,133 173,780 79,038 77,888 330,705 963,838 7,573 0 8% ,..A...211144,....* City of Lake Elmo, MN Estimated Future G.O. Water Revenue Bonds Analysis of Possible Future Estiinated Debt Service Based on Capital Improvement Plan (CIP) (ler 1115 shown including maturites and rates are for preliminary planning purposes only) Capital Improvement Plan and Debt Service 2013 G.O. Water Revenue Bonds 2016 G.O. Water Revenue Bonds Est Est Interest Total Debt Outstanding interest Total Debt Outstanding Year Principal Rates DO:crest Service Balance Year Principal Rates Interest Service Balance Beg $3,630,000 Beg $2,060,000 2013 0 40 0,55% $97,208 $97,208 $3,630,000 2013 $0 0.80% $0 $2,060,000 2014 1, $30,000 0.60% $97,208 $127,208 53,600,000 2014 $0 0,85% $0 $2,060,000 2015 2 S30,000 0.7025 197,(128 1127,028 $3,570,000 2015 0 10 0.95% $0 $2,060,000 2016 3 $30,000, 0,85% $96,818 $126,818 $3,540,000 2016 1 $0 1.10% $57,243 $57,243 $2,060,000 2017 4 $30,000 1,0526 596,563 $126,563 $3,510,000 2017 2 $75,000 1_3096 $57,243 $132,243 $1,985,000 2018 5 $30,000 1.25% $96,248 $126,248 $3,480,000 2018 3 $75,000 1,5096 $56,268 $131,268 $1,910,000 2019 6 $70,000 1,503(3 $95,873 $165,873 $3,410,000 2019 4 $75,000 1,7556 $55,143 $130,143 $1,835,000 2020 7 $70,000 1,7055 $94,823 1161,823 $3,340,000 2020 5 $75,000 1.95`)/0 $53,830 $128,830 $1,760,000 2021, 8 $75,000 1.85% $93,633 $168,633 $3,265,000 2021 6 $75,000 2.10% 152,368 $127,368 $1,685,000 2022 9 1150,000 2.009{, $92,245 $242,245 $3,115,000 2022 7 $75,000 2.25% $50,793 $125,793 11,610,000 2023 10 1150,000 2,102(3 $89,245 $239,245 12,965,000 2023 8 $75,000 2.35% $49,105 $124,105 $1,535,000 2024 11 $150,000 2_2025 $86,095 $236,095 12,815,000 2024 9 $75,000 2,45% $47,343 $122„343 $1,460,000 2025 12 4150,000 2.30% 182,795 $232,795 $2,665,000 2025 10 $75,000 2.558'e $45,505 $120,505 $1,385,000 2026 13 1150,000 2.40% $79,345 $229,345 $2,515,000 2026 11 $125,000 2.65% 143,593 $168,593 $1,260,000 2027 14 5150,000 2.50% $75,745 $225,745 42,365,000 2027 12 $125,000 2,7595 $40,280 $165,280 $1,135,000 2028 15 $150,000 2.60% $71,995 $221,995 $2,215,000 2028 13 $125,000 2,85% $36,843 $161,843 $1,010,000 2029 16 $150,000 2 70% $68,095 $218,095 $2,065,000 2029 14 475,000 2,9525 $33,280 $108,280 $935,000 2030 17 $150,000 2,8095 $64,045 $214,045 $1,915,000 2030 15 $75,000 3.05% $31,068 $106,068 $860,000 2031 18 $325,000 2,90% $59,845 $384,815 $1,590,000 2031 16 $175,000 3,1595 $28,780 $203,780 $685,000 2032 19 1325,000 3,0095 150,120 $375,420 $1,265,000 2032 17 $175,000 3.2595 $23,268 $198,268 $510,000 2033 20 $325,000 3_10% $40,670 $365,670 $940,000 2033 18 $175,000 33596 417,580 1192,580 $335,000 2034 21. $425,000 3.2095 $30,595 $455,595 $515,000 2034 19 $175,000 3.45% $11,718 $186,718 $160,000 2035 22 $51,5,000 3.30% 116,995 $531,995 $0 2035 20 $160,000 3,55% $5,680 $165,680 $0 Total 13,630,000 11,773,528 $5,403,528 Total $2,060,000 $796,925 $2,856,925 Amlication of_Fun_ds; Apolication of Funds: Construction $3,540,000 Construction $2,000,000 Other Cocts/Rminding $90,000 Other Costs/Rounding $60,000 Total $3,630,000 -Total $2,060.000 10 Year Beg 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 City of Lake Elmo, MN Estimated Future G.O. Sewer Revenue Bonds Analysis of Possible Future Estimated Debt Service Based on Capital Improvement Plan (CIP) (Tern is shown including matirrite.s and rates are for preliminary planning purposes only) Projected Future 2013 G.O. Sewer Revenue Bonds Est Interest Principal Rates Inte,esl 0 SO 1 1100,000 2 1100.000 3 1100,000 1100,000 5 5 1 00,nrin 6 1.100,000 7 1100,000 8 1100,000 9 1200,000 10 $200,000 11 1225,000. 12 1225,0717 73 $225,000 14 1225,00) 15 1225,000 16 1295.000 17 $295,5100 18 5295,000 19 1295,000 20 5100,000 21 1 otal Debt Outstanding Service. Balance 13,605,000 0.553% 581,430 181,430 13,605,000 (1.61.1% $81,430 1181,430 53,505,000 0.70% 380,830 $180,830 13,405,000 0.85% S80,130 $180,130 13,305,000 1.05% 879,280 $179,280 $3,205,000 1.25% 178,23U 1178,230 13,105,000 1.50% 876.980 1176,980 13,005,000 120% 5 75,480 1175,480 32,905,000 1.85% 373,780 1173,780 12,805,000 2.003'D $71,930 $271,930 $2,605,000 2.10% 667,930 3267,930 $2/105,000 2.20'?' 163,730 1288,730 $2,180,000 2 30% 558,780 S 283,780 11,955,000 2.40% 153,605 5278,605 11,730,000 2.50)1 143.205 1273,205 11,505,000 2.60% $42,580 S267,580 $1,280.000 270% 12.6,7 30 $3.31,730 1985,000 2.80% 128,765 $323,765 $690,000 2 90'4, 320,505 1315,505 $395,000 3.0016 1 1 1,950 1306,950 5100,000 3 10% 13,100 1103,100 30 3.20'n 10 10 80 total 33,60_5,000 S1,215.380 14,820,380 Application ol Funds: I. istruction 00 Of Cost ,r`nn n-4 Total 13,500,000 6105,071) 13,605,000 Projected Future 2014 G.0, Sewer Revenue Bonds Est Interest Total Debt Outstanding Year Principal Rates Interest Service Balance Beg $1,250,000 2013 0 TO 0.80% $0 11,250,000 2014 1 125,000 0.8596 132,313 157313 11,225,000 2015 2 125,000 0.95% 132,100 157,100 11,200,0110 2016 3 325,000 1.103'o 131,863 156,863 $1,175,000 2017 4 125,000 130% 131,588 156,588 31,150,000 201.8 5 125,000 1 50% $31,263 156,263 31,125,000 2019 6 150.000 1.75% $30,888 $80,888 $1,075,000 2020 7 850,000 1.95% $30,013 180,013 $1,025,000 2021 8 $50,1100 2 10% $29,038 $79,038 $975,000 2022 9 $50,000 225% $27,988 $77,988 $925,000 2023 10 150,000 2.35% 126,863 376,863 3815.000 2024 11 575,000 2,45% $25,688 310(7,688 3800,000 21125 12 175,000 2.55% $23,850 198,850 1725,000 2026 13 375.000 Z.65% 321.938 396938 5650,000 2027 14 $75,000 2.75% $19,950 190,950 1575,000 2028 15 175,000 2.85% $17,888 $92,888 $500,000 2029 16 1100,000 2.95% 115,750 $115,750 $400,000 2030 17 1100,000 3.05% 112,800 $112,800 3300,000 2031 18 $100,000 3.15% 19,750 $1.09,750 1200,000 2032 19 1100,000 3.25% 16,600 1106,600 $100,000 2033 20 3100,000 3.35% $3,350 1103,350 $0 2034 21 3.45% 10 SO $0 Total 13250,000 1461,475 51,711,475 Application ol Funds: Construction Ott ler Castsittnimrlinu Total 11.200,000 150,000 11.250,000 YEAR Capital Improvement Plan and Debt Service Projected Future 2015 G.0, Sewer Revenue Bonds Est Interest Total Debt Outclarding Principal Rates Interest Service Balance Beg 11,150,000 2013 TO 0 80% $0 $1,150,000 2014 0 $0 0.85% 10 11,150,000 2015 1 125,000 0.95% $30.513 $55,513 $1,125,000 2016 2 625.000 1.10% $30,275 $55,275 11,100,000 2017 3 525,000 1.3036 $30,000 $55,000 11,075,000 2018 4 125,000 1.50% $29,675 $54,675 11,050,000 2019 5 12 5,000 1.75% $29,300 $54,300 S1,025,000 2020 6 $50,000 1.95% $28,863 $78,863 $975,000 2021 7 $50,000 2.10% 127,888 $77,888 $925,000 2022 8 $50,000 225% $26,838 $76,838 $875,000 2023 9 $50,000 235% 125,713 $75,713 $825,000 2024 10 $50,000 2.45% $24,538 174,538 1775,000 2025 11 $75,000 2.55% 123,313 398,313 1700,000 2026 12 175,000 2.65% $21,400 $96,400 3625,00() 2027 13 175,000 2.7596 $19,413 194,413 1550,000 2028 14 175,000 2.85% 117,350 192,350 14 75,000 2029 15 175,000 2,95% $15,213 $90,213 $400,000 2030 16 180,000 3.05% 113,000 $93,000 1320,000 2031 17 180,000 3.157'0 $10,560 190560 $240,000 2032 18 180,000 3.25% 18,040 188,040 1160,000 2033 19 680,000 3 353'0 15,440 $85,440 580,000 2034 20 180,000 Total 11,150,000 3.4596 $2,760 182,760 SO $420,088 11,570,088 Application of Funds: Construction Other Costs2th3undirirl I otal si,loo,000 850,000 61,150,000 11 $1,400,000 1,200,000 $1,000,000 - $800,000 600,000 City of Lake Elmo Annual Estimated Debt Service Based on Future Bonding Plans in CIP and Estimated Structure and Future Rates N rn --1 Ln .c) N ca CD 0 H N rn " in 0 N 0300 r-1 N rn d- IP H H H H H H H H N N N N N N N N N N rn fr rn rn M rn o o o o o o o o o o o o o o o o o o o CD 0 0 0 0 N r,,I N N N N N N N N N N N N N N N N N N N N N N Capital Improvement Plan and Debt Service The annual estimated debt service amoiurts shown in this chart include general obligation water revenue bonds and general obliga- tion sewer revenue bonds. The annual amounts in- clude both existing debt service (on outstanding bonds) and future estimat- ed debt service on bonds anticipated to be issued in future years and paid from utility revenues. Future bond issuance estimates are based on the City's capital improvement plan. This chart includes debt supported by utility rev- enue only and does not include existing or future estimated debt that is paid trout propertv tax levv. 12 UTILITY RATES Key Factors 'to project future utility rates necessary to maintain the financial stability of the City's utility operations re- quires development and mal vsis of the following key tactors: • [1,slitnates for future mutual operating expendi- tures, including personnel, materials and supplies, cost of electricity, and other operating expenses. Metropolitan Council F..; wi ronmenta I Service (MCES) sewer fee charged to the City by the Met- ropolitan Council for regional collection and trea mei it of waste water. This is an operating expense that the City does not have direct control. over. • Annual capital expenditure to maintain and im- prove the existing systems. • Annual debt service on bonds issued to finance capital Unprovements. • Growtliin customers using- and paying for the sys- tems. This growth will provide additional revenue to the, systems but will also create additional de- mand for services. • Available other revenue sources other than fees and charges to users of the water and sanitary sewer services, Annual Operating Expenditures Cos[s incurred in Operating the water and sewer sy,stems, 11'hich are used LI p in the period in which acquired, are recorded as operating expenditures. Annual growth in operating expenditures, not including the !VICES charge, has been modest. It is anticipated that growth in future years will be about 2 percent per year. .Approximately a tliird of the operating expense (not including depreciation) is for personnel costs (labor) and the ba 'mice for materials, supplies, and other operating expense. Depreciation is shown under operating expenditures and is the process of allocating the costs of an asset over its useful life in a systematic and rational manner. Depreciation is projected to remain constant over the financial planning horizon for the study. Estimate for future depreciatioii was not part of die study. Metropolitan Council Environmental Services The MCES charge to cities for regional collection and treatment has been volatile in recent years. VICES has experienced revenue loss from the significant drop in regional development which has caused a corre- sponding decline in revenue collected by the Coun- cil for Sewer Availability Charges (a one time fee for new connections). For projection purposes, the study assumes that future charges paid to N'ICES for collec- tion and treatment will increase by 2 percent annually. This is shown as an aimual operating expense to the City's Sewer Fund which is paid from revenue collect- ed from the City's utility customers in the form of fees and charges. Annual Capital Expenditures The City anticipates paying for future capital improve- ment project costs with a combination of revenue sources. The City anticipates future development will provide significant revenue support to the City for Utility Rates 13 paving for utility expansion throughcollection of development fees (availability and connection charg- es). The City will reduce the amount of bottling to pay for capital improver nents to the extent cash from collection of these charges is available in the utility funds to do so. Paying for annual planned capital improvement proj- ects ‘vith cash may be a sound strategy depending on the details ni the project, it avoids incurring, annual interest expense. flowever, this strategy requires ad- vance plant -Wig and implementation of utility fees and charges that provide adequate cash flow. For large (non -mu tine) capital expenditures or unan- ticipated capital expenditures, the use of bonding to fund capital_ minimizes annual rate increases that oth- ervvise ‘vould be necessary, It also allows the City to charge future customers the cost of infrastructure vvith a longer useful life, versus putting the entire burden on today's customers. The City's OP does anticipate bonding for certain project costs. Tlie resulting annual debt service 011 the bonds is included in the filiancial plans. Debt Service Debt service in the Water and Sanitary Sewer Funds is paid from levelue collected from utility fees arid avail- ability and connection (development) charges. Pres- ently the City has debt outstanding in the Water Fund but does not report debt outstanding, in the Sanitary Sewer or Storm Water Funds. The CIF an the City will issue debt in the next five -years that will be supported by revenue in the Water and Sanitary Sewer .Funds, 1 current and future debt- is accounted for in the fi- nancial plans that are included in the report. The es- timated debt service is based on generally 20 years bonds parable at estimated interest rates,. Future es- timated utility fees and charges reflect the cost of the estimated increase for debt service. Growth in Customers Growth in customers from future land development is a major factor in determining the projections for future utility rates. New development will bring an increase in revenue to the City's utility funds through the col- lection of availability and connection charge ,s and fees collected for service. Availability charges and connec- tion charges are Ofie time charges collected at the time of development. Estimating the increase in future customers from growth in residential and conimercial development is the most volatile factor in develop- ing financial projections for the utility funds. The last page of the report, page 34, in the Appendix Section, includes information on the assumed growth in resi- dential equivalent units ("REU") from future develop- ment. The projected annual growth in REU's was es- tablished by City staff and provided to Northland for the study and report. Growth in customers will allow the City to spread ex- istiiig fixed costs, including overhead, over more units and volume. Growth in customers will allow the City to minimize future increases in utility fees that other- wise vvill be necessary, Available Other Revenues There is limited other revenues that provide a source of funding for utility services. The majority of the cost to operate and maintain the systeui is paid from fees arid charges collected from those using the system. Utility Rates 14 Other revenue includes interest income on cash bal- ances, special assessments, grants, and rents. Historical Utility Rates inforinaHon on historical rates is provided on page 16. This includes a summary of prior years approved util- ity rates for years 2007 - 2011. Rates shown are billed quarterly, \vith the exception of the storm \vater fee which is billed to customers receiving this charge on an annual basis. The City charges a basic service fee for water only. Comparison to Neighboring Cities information is provided that compares the City of Lake Ehno's utility fees (for year 2012) to the neighbor- ing cities of Oakdale, Woodbury, and Stillwater, This can be found on page 32. Comparison of availability and connection charges between cities can be found on page 33. Generally, as a developing community the utility fees and charges for the City of Lake Elmo are higher than its neighboring cities. Future Utility Rates info rma rim on future projected utility rates for years 2013 to 2021 is provided on page 17. Rates for year 2012 are also included for reference. The projected fu- hire rates reflect the rates riecessary to maintain ad- equate cash (fund) balance in the utility funds. These rates (applied against the estimated volumes on page 18) were used to calculate the animal estimated oper- ating revenue that is shown in the financial plans for Ca.Ch ulilitvfund. The tier structure the City uses for charging custom- ers for watet, based on volume of water sold, was not reviewed as part of this study and report. Recommendation for Connection Charges The City presently does not have a connection charge for sanitary sewer. A charge is included for future years, beginning at- $3,500 in year 2013 and inflated annually at 4.5 percent, a rate necessary to maintain sufficient revenue to pay for debt service on capital projects. `Fhis is reflected in the revenue shown in the financial plans for the Sanitary Sewer Fund. ln addition, the report and financial plans are based on the City increasing the amount it charges for connec- tion to municipal water to a level needed to fund infra- structure expansion. The amount is shown at $3,500 for year 2013, whicli is an increase from the $1.40 pres- ently charged. This amount is shown to increase an- nually by 45 percent. Projected Volumes of Water Sold and Sanitary Sewer Billed Annual estimated volume of water sold by tier and es- timated sanitary sever billed by year is included on page The chart on page 19 provides a break -down of tire increase in volume of water sold comparing the estimated amount sold by year to existing custom- ers, \vhich is based on 2011 volumes, to the estimated amount that is attributed to growth in the customer base from future projected development. Itiforma- tion on the projected increase in residential equivalent units by year is provided on page 34, the last page of the report, Utility Rates 15 WATER SERVICE Residential 'vVater Gasic Service fee (pei meter or per unit/qtra Water (per meter or per unit per 1,000 gallons): Tier 1.: \Nate' usage per Hist 15,000 gallons Tit 2: Water usage +15,000 gallons to 30,000 gallons Tier 3: Water usage +30,000 gallons to 50,000 gallons Tier 4: Water usage +50,000 gallons to 80,000 gallons rier 5: Water usage +80,000 gallons Sewer (per 1,000 gallons) Coinunercialand Industrial Water Bask: Service fee (per rnetet or per tinit/qtr) VVater (per meter or per unit per 1,000 gallons): T e 1: Water usage per first 101100 gallons rier 2: Water usage +10,000 gallons to 25,000 gallons Tier 3: Water usage (-25,000 gallons Tier 4: Water usage +29,000 gallons to next Tier Tier 5: Water usage +36,0On gallons to next Tier Sewer (per 1,000 gallons) CITY OF LAKE ELMO FEE SCHEDULE FOR PRIOR YEARS SURFACE WATER Residential (flat fee charged annually) Non -Resider itial (flat fee charged annually based on equivalent res. unit) Utility Rates 2007 2008 2009 2010 2011 323.50 $1.80 $1.80 $1,80 $1.80 4,1-80 $2.75 $23.50 $2.75 $2.75 52.75 $2,75 $2.75 $2.75 $30_00 $30,00 $23,75 $25.00 $2.05 $2 05 $2 05 $2 05 $2.05 $3 71 52.15 $2.1 5 $2 15 $2.15 $2.15 $4.08 $23.75 $25.00 $3 00 $3.00 $3 00 $3,00 $3,00 $3 71 $3.10 $3.10 $3.1.0 $3,10 $3.10 $4,06 $30.00 $35.00 $30.00 $35.00 $25.00 $25.00 52.10 $2 80 $3.70 $4.90 $6.50 $4.35 52 14 $2.86 $3.77 $5.00 $6,63 $4.50 It 2 5.00 525.00 $3.05 $3.20 $3.70 $4.90 $6_50 $4.35 $3,11 $3,26 $3.77 $5.00 $6.63 $4.50 $40.00 $50.00 $40.00 $50,00 SEWER CONNECT -ION CHARGES Single family, duplex, townhouse, mobile home. (per unit) $0 $0 $0 $0 $0 Conint/inclusttial, chui cites, schools, hospitals, nursing homes (per unit) $0 $0 $0 $0 $0 WATER CONNECTION CHARGES Meter $275 5275 $285 $300 $300 Single faintly, duplex, townhouse, mobile home (per unit) $140 $175 $130 $140 $140 comm/industrial, churches, schools, hospitals, nursing homes (per unit) $140 Ws $130 $140 $140 TRUNK LINE AVAILABILITY CHARGES Sewer availability char ye per unit $3,500 $3,500 $3,500 $3,300 $3,500 l,,ICES connection charge (per unit) $2,150 $2,150 $2,150 $2,150 $2,230 water availability charge for new development per unit $3,675 $3,075 $3,675 $3,900 $3,900 Water availability charge for existing structures within Old Village $800 $800 $800 $800 $800 16 WATER SERVICE Residential Water Basic Service fee (per meter or per nort/qtr) Water (per meter or per unit per 1,000 gallons). tier Water usage per first 15,000 gallons tier 2: Water usage +15,003/ gallons to 30,000 gallons Tier 3 Water usage 1-30.000 gallons to 50.000 gallons Her Water usage 4 5n010 q.4Ion o R0,n00 yIloi ler 5. Water usage ir 80,000 gallons ewe.[ (per 1,000 gallons) Commercial and Industrial water Bic Service lee (per meter or per Of iitiqtr) Water (per meter or per unit per 1,000 gallons): ter I, Water usage per first 10.000 gallons lie' 2: Water usage. 410,000 gallons to 25,000 gallons I ler 3: Water usage 475,000 ciallons Tier 4: Water usage +29,000 gallons lo next Tier I ier 5' Water usage 436,000 gallons to next Tier Sewer (per 1,000 gallons) SURFACE WATER Residential (flat fee cl tar ged annuallY) Non -Residential (rat fee charged ar,Mialty) SEWER CONNECTION CHARGES Single family, duplex, townhOUS9, mobile home r per unit) 09min/industrial. churches, schools, hospitals, nursing homes (per un)t) CITY OF LAKE ELMO FEE SCHEDULE Utility Rates Future Estimates for Financial Plan Annual i% Incr 1 2 3 4 5 6 7 8 9 10 Beg Yr 2013 2012 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 3,031 325,00 32575 $26.52 327 32 $28.14 $28.98 $29.85 530 75 331 67 $32.62 3,031 $2.14 $2.20 37_27 82.34 $2_41 32,48 $2.56 $2.63 52.71 12.79 3 0% 82.86 52.95 53.03 83 13 53 22 33.32 33.11 $3.52 $3.62 $3.73 3.031 $3.77 83 88 31.00 $4.12 $4.24 $4.37 84 50 34 64 84,78 81 92 .3 0% 85 00 85 15 35 30 55.46 $5.63 35.80 $5.97 $6.15 36,33 56 52 3 0% $6.63 36,83 37.03 57,24 $7,46 37 69 57 92 38.15 88,40 $8.65 3 0% 34 50 34.64 $4.77 54,92 $5.06 $5.22 35.37 35 53 35.70 35.87 3 031 325.00 325 75 $2652 $27.32 $28 14 $28.98 429.85 $30.75 431.67 332.62 3 0% 33 11 33.20 33.30 33.40 $3.50 $3.61 $3.71 $3.82 83.94 $4.06 3.031 33.26 33,36 $3.46 33,56 43.67 3178 $3.89 4401 54.13 34,25 3.031 53.77 83,88 54 (30 54 12 54 24 34_37 $4.50 54 64 $4.78 $4 92 3,0% 45,00 $5.15 35,30 55.46 15.63 55.80 35.97 $6.15 56.33 5652 3 0% $6.63 36.83 37,03 $7.24 37.46 57.69 $7.92 38.15 58.10 58.65 3 0% 54 50 3434 54.77 $4.92 35,06 35,22 35 37 85.53 35,70 65 87 3.031 850.01.1 851.50 $53.05 $54.64 $56.28 $57.96 $59.70 361.49 563,34 465.24 3.031 $50.00 551.50 $53.05 354.64 356.28 357.96 $59.70 361.49 $63.34 165.24 5% $0 $3,500 $3,658 $3,822 83,994 34,174 51,362 14,558 84.763 84,977 4.5% 30 $3,500 $3,658 $3,822 83,994 $4,174 $4,362 $4,558 $4,763 $4,977 WATER CONNECTION CHARGES Meter 3,031 3300 3309 $318 5328 $338 $348 5358 $369 5380 $391 Single family, duplex, townhouse, mobile home (per 11(14) 4.5% $140 43,500 $3.658 $3,822 $3,994 54,174 14,362 $4,558 $4,763 54,977 Comm/industrial, (hurdles, schools, hospitals, nursing homes (per writ) 4.5% $140 $3,500 $3,658 $3,822 $3,991 34174 34,362 34,553 34,763 31.977 TRUNK LINE AVAILABILITY CHARGES Sewer availability charge per unit 4 5% $3,500 33,658 53,822 $3,994 34,174 $4,362 34,558 34,763 34,977 85.201 MCFS conn...tkin charce (per unit, 2 0% $2,230 $2,275 $2,3711 $2,366 $2,414 $2,462 82,511 .12,562 $2.613 52,665 Water ariarlaririiity charge for new rIrrireloorine"l Pc, unit 1 7.375 53,900 54,076 $4,259 54,451 54,651 54,860 55,079 55,307 $5,546 $5,796 wale, rhargc for exisling shitctutes tvithiri Old ',Ming., 1..5% 5800 $836 1871 5913 $954 $997 $1,042 $1,089 51,138 $1,189 17 CITY OF LAKE ELMO CUSTOMER EQUIVALENT UNITS, VOLUME OF WATER AND SANITARY SEWER SERVICE BILLED Volume figures below ore annual amounts and shown in 1,000 of Gallons Utility Rates Future Estimates for Financial Plan 2 3 4 5 6 7 8 9 10 2011 2012 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 Residential Water Basic Service fee (per meter or per unit', int 871 874 889 904 934 959 931 999 1,011 1,024 1,034 Sewer Basic Service lee (per meter or per unit/gin 874 874 889 904 934 959 984 999 1,014 1,024 1,034 Water (per meter or per unit): Mier 1: Water usage per first 15,000 gallons 52,410 52,440 53,310 51,240 56,040 57,540 59,040 59,940 60,840 61,440 62,040 her 2: Water usage +15,000 gallons In 30,000 gallons 7,500 7,500 7,629 7,751 8,015 8,229 8,444 9,573 8,701 8,187 8,873 Tier 3' Water usage +30,non gallons to 5+,1,1)00 gallons 5,000 5,000 5,086 5,172 5,343 5,486 5,629 5,715 5,801 5,858 5,915 Tier 4 Water usage r-50,n00 gallons to 90,000 gallons 6,941 6,841 6,958 7,076 7,311 7,506 7,702 7,819 7,937 8,015 8,093 lie.i 5, Water usage r-Pin,ortn gallons 15,500 15,500 15,166 16,032 16,564 17,007 17,151 17,717 17,983 18,160 18,338 Total Water Volirrir Sold 87,281 87,281 88,779 90,277 93,273 95,769 98,266 99,764 101,262 102,261 103,259 Sewer Me 2,337 2,337 2,377 2,417 2,497 2,564 2,631 2,671 2,711 2,138 2,165 Commercial and Industrial Water Basic Srivice lee (per meter or ner ruirtiotr) 109 109 109 109 110 111 111 112 112 113 113 Sewer Basic Service lee (per meter DI per ruritirito 109 109 109 109 110 111 1.I 1 112 112 113 113 Water (per meter or pes unfit - tier 1: Niel usage per first 10000 gallons 6,540 6,540 6,540 6,540 6,615 6,645 6,675 6,705 6,735 6,765 6,795 Tier 2: Water usage, + IDDOO gallon; to 25,10) gallons 1,000 1,000 1,000 1,000 1,011 1,016 1,021 1,025 1,030 1,034 1,039 tier 3' Water usage +25,00n gallons 1,000 1,000 1,000 1,000 1,011 1,016 1,021 1,025 1,030 1,034 1,039 lief 4: Water usage +29,000 gallons to neig lier 3,000 3,000 3,000 3,000 3,034 3,048 3,062 3,076 3,089 3,103 3,117 lief 5: Water usage +36,C00 gallons to nest Tier 19,416 19,416 19,416 19,416 19,639 19,728 19,917 19,906 19,995 20,084 20,173 Total Water Volorue Sold 30,956 30,956 30,956 30,956 31,311 31,453 31,595 31,737 31,879 32,021 32,163 Sewer (per 1,00(3 gallon) 10TAL ESTIMATED WATER BILLED (IN 1,000 OF GALLONS) 10,000 10,000 10,000 10,000 10,115 10,161 10,206 10,252 10,798 10,344 10,390 118,237 118,237 119,135 121,233 124,584 127,222 129,861 131,501 133,141 134,282 135,422 18 City of Lake Elmo Estimated Gallons of Water Sold 05,000 - v) 10 0,00 0 - - c 0 95,000 0 -0 90 000 - c 0 85,000 - 4 80,000 - 75,000 20_1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Pi Existing Customers (as of 2011 FM New Customers Utility Rates 19 FINANCIAL PLANS Based on historical financial performat ice, current util- ity rates and structure, and anticipated future capital projects, the following, financial plans (pro formaThave been prepared for the utility funds. Key Assumptions 'lite financial plans for each of the utility funds was developed based en several key assumptions which are as follows: • Operating expenditures, including personnel costs and materials supplies and all other operating ex- pense will increase by 2 percent per year. 6 Ni change in existing tier structure for fees and charges, • Depreciation is held constant in the financial plans. Future depreciation expense increase with the addition of infrastructure assets but for the pur- poses of lids report the amount was held constant. • Current capital improvement plan will be imple- mented at estimated project costs and sources of funding. This includes an increase in future debt service for payment on bonds to be issued. Utility fees for use of the system (i.e., volume of water) are showit to increase at the rate of 3,0 per- cent per year for years 2013 to 2021. The percent increase is across all elements of the Citv's current rate structure, including the base and tier rates. Actual year to year activity (i.e,, volume of water sold, operating expenditures, etc) and actual ex- penditure on capital projects viI 1 determine what actual rates wHI need to be set at in order to main- tain adequate cash in the utility funds. Connection and availability charges are shown to increase at the rate of 4.5 percent per year. Rev- enue from these charges will be needed to pay for the expansion of the system and the planned capi- tal projects and related debt service. • Water connection charge is increased from $140 in 20_12 to $3,500 beginning in year 2013. The water connection charge is than adjusted annually at the rate of 4.5 percent. • Sewer connection charge is implemented begin- ning in year 2013. The City presently does not charge for sewer connection, initially shown to be set at $3,500 than adjusted annually at the rate of 4.5 percent. • Metropolitan Council Environntental Services (NICES) connection charge is shown to increase by an estimated 2 percent per year. The actual annual amounts will be set by MCES. • The proposed future utility fees and charges are shown to increase at a level that is adequate to maintain a positive cash_ balance in the funds and to meet a policy of maintaining cash (fund) balance at 50 percent of operatiiig expenditures. Appendix The Appendix to this Report includes information from the financial plans presented in chart format. The use of charts helps to illustrate trends. Also included in the Appendix Section is information on what example customers of the water and sewer services would pay based on assumptions in the report. Financial Plans 20 fleePereeter4 Depreuzlieste` Soial Or -,r0;,,9 Uses 1100-reperetive (op/tat face, Water (Can Payment GO Water REV P-PrO 2,015A GO Ref flotvi 2009A (Ra), mel .70029) GO Ref Sand 201.7A (8elbd2E05A) Itaye e Debt SerVIC7 6,1d5 Eond Pile -owe rnt-trti,tiOrr OIRer 1 r trIt to 011,171191 to 015 E,,,ett, total Noo-OreYabng Total Use of Funds - - t,165121171118140E SOURCES AND USES CASa.131-5N.cf. A,4,I.4h64 7 esh P11407.e. p,Il r05,9S, i.4,1,-.6;11 5031j of ,4ert1tt,5 11et ;,ailb19 for capilal Ftelwg Cash Balence 1lotec 5,04111C. f 07 FLJNOS' 06r:eating (1,151mItee Raft", 700.0 Styte water sates SPEciat as/essme07s Veatel meter safes ',Yates t,rte,ttrEe-ttet, (1evet,t4tr,,t te4,1 inveone,e0 04e4ieg5 Pent5 1ctal Opseating Seurees tlen-Olsneting- essed P7eceeds Srt CIP teetyleteertneet ARS 7trA(. ri_Ar s FE r• SEE 5,-„4ED SEE 5Cu4C, 175 145 Sr.S ir SEE (1, CITY OF LAKE FL810 YVA TER FUND FINANCIAL PLAN 1 2 3 ,79.10 2915 21)1296d9) 2013 2(214 Financial Plans Frojeclad 4 5 6 7 8 9 10 7916 20.6 2.Q11 2018 a.1) ,.9 2079 202; 502,463 511,474 4710,777 582,319 606,650 641,267 573,579 707,251 737,199 768.297 797.855 828.507 6,667 . 6,000 5.600 6.000 6,000 6,000 6.000 6.000 6,00(/ 60./0 3,774 (3221 2.501 4,(}0) 4,000 4,000 4,000 1,000 4,000 4,000 1.0110 4,000 11,121 9.165 5.000 19,549 19,095 10,977 3.4441 35,971 22,709 27.8 /6 15.961 15,440 79.000 74,100 18000 454.530 4/4.964 1,034,076 861.283 921.450 585.308 611,647 432,987 452.471 10590 9,903 4.000 7,199 9,993 12,680 6.553 4,557 9.260 13.051 17.053 19,535 45,226 19,555 36,900 27,660 27,500 27,600 27,6021 27,600 27,600 27,600 27,600 27,600 551.155 659.537 535.500 1.100,197 1.1.18,313 1.766,601 1.633,951 1,706,312 1.391,566 1.453.160 1,3012157 1,354,653 21.928 56,226 1,-.1 to i,,t, 00,7/,..107{,e,eine, SEE CAP 4,-sf 0t11,,,, ott,,,otot 7 ,,t0t1l F,III1S 51E AUNT 50000 50,000 25,009 Ceeuiteeeme of ertpttl 4444te 1,•14 A ttDiE 197,41'1 2.540.01.10 1.0te4000 1.010,0n0 400,000 2,onmon 250,000 350,000 __ 101,04 Nue, op snceteS 261.329 R,i6,22. .6 5.09) 5.6.10,050 1000 .0- 2,250,000 350,0191 - Total S OUr OS or Fonds 9_12,494 765,763 560,500 6,610,187 1,519.313 1,766,609 3,883,952 2,056,312 1,391.566 1,453,460 1.301.457 1.359.553 1.4.51 PP 9K11.4P97 Opera609 Persotett14 21S 102,711 103,651 1031345 105.922 105,099 11.0,703 112,4(15 .211,653 116,946 119,295 121,671 124,104 201 272.216 2211119 259,725 2641929 279.213 275,622 281,195 286.757 297,493 299,342 304,309 310.395 217 31,1,1)1,5 324,192 346,600 3,10.050 310,000 340/910 345.003 3,10.1101) 349,709 310,000 340000 340.000 599.745 617,962 703,510 710,811 219,259 725,823 733,510 741,411 749,439 757,629 765,980 771,500 StE tit SEE, CIP SEE Dr 55F t.,IP SEE e7IP SEt CER I SCE OP r (.1 aurml STE AUL111 33.320 12,931 5,510000 400000 1.500.000 3,175,0(70 6E10000 562?6 175.1125 129_025 175,025 300.025 37(1,650 315,250 51.131 55,069 54,690 53,690 92.480 51,280 19,990 53.68(1 52,128 55,575 53,950 51.025 291,013 772.143 293,343 784.0/3 779,843 270,644 97.208 177.208 127.028 184.00 258.805 257.515 296,015 293.653 29,5,00(1 7,4 /8 7,418 7,418 6,277 0,277 6.277 6,277 6,277 6.277 6,277 6,277 5,277 2,402 11,818 325,522 262,161 237,1,23 5,997.190 906,615 1_999.835 3,596,260 1.190.905 039,203 6-11,910 633,62_3 624.895 1025,26,7 910,123 910.693 5,708,031 1,624,873 2,725.658 4,429,800 1,932,316 1,359,701 1.399,538 1.399,603 1,399,345 • (112.7731 (380,193) (67,844) 276,5591 (959,059) (545,849) 124.026 32,865 53,923 (98,116) (44,792) _ -..--...._ .. - - - 321.991 351.795 35.5,421 359,129 362.912 365,770 370,705 374,719 378,814 382,990 337,250 393.307 241,427 400,873 364,462 639,187 905,122 288,486 84,979 551,258 926,316 10322,339 1,566,210 1.556.078 565,102 752,658 719,883 998,316 L268,031 655,256 455,685 9,25,988 1,305.130 1,705,329 1,953,450 2,254, 1- 21 Financial Plans CITY OF LAKE ELMO SANITARY SEWER FINANCIAL PLAN riojected 1 2 3 4 5 6 7 8 9 10 tic•tes 2010 LOU 201.2_Budaet 2013 2014 2015 2016 2017 2018 2019 2020 2021 SOURCE OF FUNDS: Orratmg: OistnmPr Eltilitic R7721,11?. 48.508 53,012 50,000 57,367 59,279 62.016 54,143 66,969 69,440 71,999 74,573 77,236 Interest inr.or1e P.; 631 417 100 11661 2,929 4.675 11,183 16,332 21,927 21,423 23,937 24,570 special assessolenls SEE 411I7I7 - Sewer Connrytim Fees (Pevelr.r,unen0 iorl KV F5 SEE SOW 2,400 1,785 565,926 587,931 1,272,833 1,079,335 1,121,750 7(13,715 736,715 518,833 539,437 lolal 07^,116o9 Sources 51,539 55,214 50.100 623,1.27 650,189 1,339,525 1,154,966 1,205,052 800,082 830,137 617,343 641,244 Hob-Ope.reung: Pond Proceeds SE1CIP 3,500,000 1,200000 1,100,000 -Giants SEE CIP 1.000,000 1,11c194,ve-r(irrIcntll SEE cir 180,000 180,000 Trs1 In 110111 6,16e1711F/0evelorn( SEE 538 00,0011 120,000 420,000 Total 1)011737 5r:m:es 4,500,000 1,600,000 1,100,000 600,0.00 600,000 Total Source of Funds 51,539 55,214 50,100 5,123,127 2,250,189 2,439,525 1,754,966 1,805,052 800.082 830,137 617.313 641,244 USE OF FUNDS: Orultin9 Personnel 2'; 22,996 22,837 23,403 23,871 24.348 24,835 25,332 25,839 26,355 76,883 27,420 27,969 !'lonrersooncl (Irt.l. Rut to Met Coun53) 2% 29.77.7 41,521 70,46'0 208,284 212.450 370,521 322,413 328,862 234,985 239,685 192,222 196,067 Prprrciltino 216 8,740 9,000 9,200 9,200 9,200 9.200 9,200 9,200 9,200 9,200 9,200 9,200 Total Operating Uses 61.513 73,358 103,0113 241,355 245,2'98 404,556 356,945 363.900 270.541 275,767 228.843 233,236 Noo-6.1reratroT Capilai SEE OP 4500,000 1,600,000 1,1011,000 600,000 600,000 300,000 hos1in9 Debt Service SEE ()EPA Future Debt Service on Bonds to be Issued SEE 9E5i 81,430 238,743 2513,443 292,268 290,858 289,168 312,168 331,355 330,705 me, (ArEi.,cti,ieritS) P.EC TO ALN' 17,015 1,6,9801 Its( oul lo Other/Due lo 11111 Funds 11011E Total Hori-Operaiiilg 17,015 (6,980) 4,581,430 1,939,743 1,393,443 892,268 890,368 _ , 589,168 312,168 334,355 330,705, total Use of Funds 78,528 66,378 103,003 4,822,785 2,084,741 1,797,999 1,249,213 1,254,768 859,708 587,935 563,198 563,941 NET DIFFERENCE SOURCES AND USES (26,989) (11,161) (52,9031 300,312 165,449 611,526 505,753 550,281 (59,626) 242,202 54,145 77,303 CASH BALANCE Available CPA) 8u6ne Drrroses: E'-.1,,u,119. el 5011 of or, ratipg eyrn,e, IT reserve 149„5 ,,41.4ble for rari E;plirg Carl] 8?,!anr.e 36,679 (7,153, 29,225 51,502 120,678 122,999 202,278 178,173 181,950 135.270 137,884 114,121 116,618 120.116 (24.4401 (137,319) 169,901 265,271 939,802 1,151,278 2,057,441 7,004,102 2,279,266 2,340,415 2,423,419 27,062 (16,641) 292,901 167,549 1,118,275 1,633,228 2,192,211 2,142,286 2,393,687 2,157,032 2,513,536 _....._ _..._ 22 r.avgerk.a.-- Mores CITY OF LAKE ELMO STORNI SEWER FINANCIAL PLAN Financial Plans Projected 1 2 3 4 5 6 7 8 9 10 2010 2011 2012 Budaet 2013 20_14 2015 20T6 2017 2019 2019 2020 2021 SOURCE OF FUNDS: ciriRi inn: Cirstrinei Pilling 7i1v1-nn1 185,2,15 235,252 150,000 185,472 234,036 302,857 311,943 321,301 330,940 340,859 351,095 361,628 In1eivs1 income 156 (83) 468 71 1,256 2506 3,822 5,207 6,665 8,197 9,807 11197 Otlirl miscellarivoiv: SEE AUDIT 32,721 17,000 17,500 - Total Opeialing 5oioeP5 217,883 252.720 167,500 285,543 295,293 305,363 315,765 326,509 337,605 349,065 360,901 373,125 TIon-F_Vetatinci Bund Proceeds SEE OP Giants SEE TIP Trsf lo from 011iefillE/Ocitcliapr,n SEE CU' loal Non -Op Sniirces - Total Source el Funds 117,8E3 252,720 1137,500 295,543 295,293 305.363 315,765 326,509 337,505 349,065 360,901 373,125 USE OF FUNDS: Cipprotin.y. Personnel 2.7; 39,855 41,134 40,532 41,343 42,169 43,013 43,873 44,751 45,646 46,559 47,490 48,439 NoirPrusonnvl 23; 96,3/11 95,062 123,200 125,664 128,177 130,741 133,356 136,023 138,743 141,518 144,348 141,235 Depreciation 257, 15,1E8 15,188 15,188 15,188 15,193 15,198 15,188 15,188 15,188 15.1E8 15,188 15,188 Incse in rArvi ii OW rutin e lin prov 756 Intl Opihriong Th-,,e5 151,384 151,384 178,920 1E2,195 185,535 198,912 192,417 195,961 199,577 203,265 207,026 210,863 Non -Operating: Capital SEE OP bisting Debt Service NONE Futon? Debt Service on P•nr05 ,(I be Issued SEE PHU rilier17hlinstrivinisi REC 10 AUDIT 81,587 113,197 Tisl vut to Other/Due tu Oth Funds Not* Total flon.r,,,inisraillyj _ 81,687 113,197 - Total Use of Funds 233,071 261,581 178,910 182,195 185,535 188,942 192,417 195,961 199,577 203,265 207,026 210,853 riEr DIFFERENCE 5QURCES AND U5E5 115.188.1 111,861) (11,420) 103,348 109,758 116,421 123,318 130,547 138,028 145,801 153,875 162,262 CASH BALANCE il.,ailahle Cash Balani-.9. Pi Irnoses: Estimate of 5036 el ope1a1in9 rv-ocrisq for viserire 75,592 89,460 91,097 92,767 94,171 96.208 97,981 99,783 101,632 103,513 1052131 10.9,594 Ilel nvaihNQ loi rartal (75,592J 186,133) (84,(102) 32,864 156,105 285,978 422,712 565,670 719,041 877,150 1,044,295 1,218,581 Fiulihn (rash pillw e 3,327 7,095 125,531 150,57/ 382,187 520,723 666,158 819,674 980,563 1,149,727 1,327,175 23 $2,500,000 $2,000,000 $1,500,000 - $1,000,000 500,000 $ City of Lake Elmo Water Fund Projected Cash Balances at Year End 2012 2013 201 2015 2016 2017 2018 2019 2020 2021 Appendix The decrease in cash bal- ance in year 2015 and 2016 is due to the planned use of cash for capital improve- ment projects in year 2015 and 2016 in lieu of bond- ing. The City may deter- mine to instead increase the planned issuance of bonds depending on the amount of cash available in the Fund in future years. 24 A .411, 4.4 $3,000,000 $ 500,000 $2,000,000 ---- $1,0 000 - $500,000 -- ($500,000) City of Lake Elmo Sanitary Sewer Fund Projected Cash Balance at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Appendix The City's CIP anticipates bonding to pay for capital improvemen t projects, w i Ui the exception of $300,000 in year 2018. The City may determine in the fu- ture to reduce the issuance of bonds and instead use available cash to pay for capital improvements. This decision will depend on the amount of cash available which is a factor of the rate of development growth and the timing of collection of connection and availability charges. 25 $100000 $1,200,000 - $1,000,000 $800,000 - $600,000 $200 000 - — . City of Lake Elmo Storm Sewer Fund Projected Cash Balances at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Appendix The steady increase in cash balance in the Storm Sewer Fund is due to the assump- tion that the annual charge for service will increase by 3 percent annually and growth in expenditures will increase by 2 percent an- nually. 'the Storm Sewer Fund has no outstanding debt or planned use of cash for capital improvements at this time. Possible addi- tion of capital spending in the future will impact the projected cash balances. If there is no future introduc- tion of plans for capital im- provements, the City may determine that future rate increases may not be neces- sary at the level included in the report. 26 5 9,00 0, 0 0 0 5 8,000,C)00 5 7, 0 00, 00 0 000,000 $5,00o,0o0 $3,000,000 Q,000,000 $1,00000 - $0- City of Lake Elmo Water Fund Source and Use of Funds 2010 2011 2012 2013 20111 2015 Budget 2016 2017 2018 2019 2020 El Source of funds Fl Use of funds 2021 Appendix The annual projected source and use of funds varies due to the timing of capital im- provement projects and planned use of cash„ The other major factor is pay- ment of debt service. For example, in year 2015 and 2016, the City plans to use $.1,500,000 and $925,000 of cash for capital improve- ments, respectively by year, 27 16,000,000 .15,000.000 , 4,000,000 13,000,000 12,000,000 $1,000,000 City of Lake Elmo Sanitary Sewer Fund Source and Use of Funds 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Budget n Source of funds 1,71,Use of funds 2021 Appendix Projected source of funds exceeds use of funds, with the exception of year 2018. In year 2018, the City antici- pates the use of $300,000 of cash from the fund for capi- tal improvements. 28 $400,00c) IS3.50,00 $300,000 1250,000 $200,000 -- $150,000 — $100,00 $50,000 $0 2010 2011 City of Lake Elrno Storm Sewer Fund Source and Use of Funds 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Blidget Ft Source of funds n Use of funds Appendix The source of funcls is pro- jected to exceed the use of funds each year due to the projected 3 percent in- crease in the fee charged and 2 percent increase in annual operating expen- ditures. The Storm Sewer Fund has no outstanding debt or planned use of cash for capital improvements at this time. Possible addi- tion of capital spending in the future will impact the projected cash balances and the draw -down of fund bal- ance. The City may deter- mine to reduce the planned increase in the fee depend- ing on actual expenditures. 29 $140 $120 $100 $80 - $60 - $40 $20 --- $0 City of Lake Elmo Example Residential Quarterly Water and Sanitary Sewer Bill Based on 10,010 Gallons Per Quarter 2.sit T-- V 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Water SI Sanitary Sewer Appendix Tlie quarterly charge amounts shown in this chart are based on the fee schedule shown on page 17. The estimated volume of 10,000 is for household wa- ter usage. Property with a sprinkler system may have a higher average volume 30 $600 $500 - City of Lake Elmo Ekainple Commercial Quarterly Water and Sanitary Sewer Bill Based on 45,500 Gallons Per Quarter 2010 2011 2012 2013 2014 2015 2016 201,7 2018 2019 2020 2021 Water rg Sanitary Sewer Appendix The quarterly charge amounts shown in this chart are based on the fee schedule shown on page 17. 31 City of Lake Elmo Comparison of 2012 Utility Rates to Other Communities For Residential Single Family Units WATER Water Basic Service fee (per meter or per rTtrit/gtr) Water (per meter or Res unit per, 1,1100_gallo,,nx Tier 1: Water usage per first 15.0(11) gallons Alt Tier 1: Water usage per first 36,000 gallons Alt Tier 1' Water usage + 8,000 gallons to 30,000 gallons fiel Waterriage T 15,000 gallons to 30,000 gallons Alt Tier 2: Water usage + 36,0011 gallons to 51,000 gallons Alt Tier 2: Water usage + 30,000 gallons to 60,000 gallons Tier 3: Water usage -T30,000 gallons to 50,000 gallons Alt Tier 3: Water usage + 51,000 gallons Alt Tier 3- Water usage + 60,000 gallons to 90,000 gallons Fier 4: Water usage +50.000 gallons to 80,000 gallons Alt Tier 4: Water usage r- 90,000 gallons to 180,000 gallons Tier 5,1Nater usage 480,000 gallons Alt Tier S: Water- usage -T 150,000 gallons SEWER Sewer Basic Service fee (per meter or- per unit/qtr) Sewer Base charge per 1,000 gallons) Alt Sewer- minimum charge for first 8,000 gallons Alt tier 1: Water usage + 8.000 gallons STORM SEWER Basic fee per writ Lake Elmo 825 00 82„14 82 86 $3.77 85.00 86.63 80.00 $4.50 $12.50 EXAMPLE CUSTOMER CONSUMING 10,010 GALLONS OF WATER PER QUARTER Water 'Sanitary Sewer Storm Sewer Total $46.‘12 $15.05 812.50 S1.03.97 Infolination fr,r the City c"f Still'vster has heel' requested and will be included in the final report. Oakdale $7 50 81.57 $1.72 $1.86 815.00 $2 90 Woodbury $10,40 80.88 81.88 52.88 83.88 $4 88 80.00 810,29 52.47 $44.03 $45.25 and their fees structures are $7.0.00 $17 30 887.24 574.72 generally lower than the City of Lake Elmo, Stillwater' 539.00 Appendix 85 00 817.30 810,00 The comparative cities were chosen due to their adjacen- cy to the City of Lake Elmo, The comparative cities are 823.22 812,17 developed communities 32 140 120 100 80 2013 City of Lake Elmo Projected New Residential Equivalent Units Added Per Year As Prepared by the City of Lake Elm© 2014 2015 2 2016 2 2 2 2019 2 2020 2 2021 Commercial Fq. Residential Appendix The estimates on future growth from development, shown in residential equiv- alent units, was prepared by City staff. This data was provided to Northland Se- curities as an input for the study and report. The data provides important infor- mation on future project- ed growth in "residential equivalent units" that are projected to pay into the utility, funds in the future. Payment kvill include ini- tial one time up -front costs for availability charges and COlinection fees arid on -go- ing payment for use of the systems. 34 10/2/2012 City of Lake El o tility e o t Conclusions and Recommendations NOR T I. AND i URITIFS Member FINRA and SIPC The flIrtimationpre,,,,,,d0th.,...0”,...a.f..41y fur jinunCtolplanggic,MOG.Set Ite..111kmd .f.m.14,es not prowcialgUdrlceorr the /rntrw, team, VaretUrz,v, 54eutar moltcrssegated. Oereboadsw, Tammy Omdal, Northland Securities Paul Donna, Northland Securities 10/2/2012 • Demand to expand the capacity of the system • Higher utility fees for all customers if growth in customers doesn't expand at projected levels • Combination of projected growth in customers and increase to utility fees is projected to provide sufficient cash to the utility funds • Adopt new charge for the cost of connecting to sewer and increase the amount for connection to water — Charges should be based on cost for infrastructure . Uniform availability charge, collected when service becomes available — Alternative to special assessment • Structure debt service around anticipated timing of development • Adopt a formal fund balance policy for the utility funds 10/2/2012 CIP anticipates the issuance of bonds to finance water and sanitary sewer projects over the next five years — $5.54 million in G.O. water revenue bonds — $5.80 million in G.O. sewer revenue bonds Revenue from the utility funds is projected to support annual debt service (no property tax levy) Annual Estimated Debt Service Based on Future Bonding Plans in CIP and Estimated Structure and Future Rates , $1,400,000 $1,200,000 $1000,000 $800,000 $600,000 $400,000 $200,000 „AA 11:11A: 1:A I A 11:A IN IN IN IN NI NI N4 NI NI NJ NI IN NJ NI CV CN N N IN IN IN $0 1-1 T-1 1-1"6 IN NI IN NI IN N4 IN NJ Cr/ CO' „,.. ▪ CO CA CD m N CO Crl rfl rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 00 0 0 0 5 10/2/2012 $90 $80 $70 $60 $50 $40 $30 $20 $10 50 Sim $90 $80 $70 $60 $50 $40 $30 $20 $10 SO Estimated Total Water Bill for Example Single Family Residential Property with Total 20,000 Gal of Water Usage in 3 Month Period .„,...„„„... Woodbury Oakdale Stillwater Maplewood White Bear Mahtomedi Lake Elmo Cottage Roseville Lake Grove Estimated Total Sewer Bill for Example Single Family Residential Property with Total 20,000 Gal of Water Usage in 3 Month Period Iraer Malitomedl Roseville Maplewood Cottage Gave Woodbury Oakdale White Bear lake Elmo Lake 7 10/2/2012 City may impose "just and equitable" charges for the use and availability of the utility systems and for connection to the systems (MN Statute 444.075, Subd. 3) Varies across cities in the amount and how cities collect revenue to pay for infrastructure — Basis of consumption, connection charges, availability charges, special assessments, other sources 105,000 100,000 0 To ( 95,000 90,000 O 85,000 = c ▪ 80,000 75,000 Estimated Gallons of Water Sold 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Existing Customers (as of 2011) New Customers 9 10/2/2012 $2,500,000 $2,000,000 $1, 500,000 $1,000,000 $500,000 50 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Water Fund Projected Cash Balances at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Sanitary Sewer Fund Projected Source and Use of Funds 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Budget Source of funds Use of funds 11 10/2/2012 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 , Storm Sewer Fund Projected Cash Balances at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Study overview and approach Conclusions Recommendations Capital Improvement Plans Debt Service Utility Rates Projected Growth Financial Plans 13 THE (.:ITOF AKE FLN 0 MAYOR AND COUNCIL. COMMUN1cATION, DATE: 10/02/2012 CONSENT ITEM #: MOTION Consent- Agenda AGENDA ITEM: Approve Disbursements in the Amount of297.285.85 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger. City Administrator SUMMARY AND ACTION REMTESTED; As part of its Consent Agenda. the City Council is asked to approve disbursements in the amount of $297,285.85. No specific motion is needed, as this is recommended to be part of the overali 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 of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 9,620.85 Payroll Taxes to IRS & MN Revenue 9/70/2012 ACH $ 5,014.18 Payroll Retirement to PERA 9/20/12 ACH $ 571.69 Payroll Benefits to Reliance Std 9/75/17 DD4181 — DD421 7 S 31,796.42 Payroll Dated 9/20/12 (Direct Deposit) 38959-38960 $ 1,019.91 Payroll Dated 9/20/2012 (Payroll Paper Checks) 38961-38968 $ 15,579.66 Accounts Payable Manual 9/25/12 38969-39023 $ ,133,263.14 Accounts Payable Dated 10/2/12 1586-1592 S 420.00 Accounts Payable 10/2/12 (Library Checks) TOTAL S 297.285.85 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 S297,285.85. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the October 2, 2012, Disbursements as Presented [arid modified] herein." ATTACHMENTS: . Accounts Payable Dated 10/2/2012 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Afienda: Questions from Council to Staff Mayor Facilitates Call for Motion ....... . ........ ....... ..... ..... Mayor &. City Council Discussion. ....... ......................... ...... .,............... ...... ......... Mayor & City Council Action on Motion ..... ............... ..... ..... . ........ ....... ............... Mayor Facilitates Accounts Payable To Be Paid Proof List lIser: joan Printed: 09127/2012 - 11:44 AM Batch: 011-09-2012 Invoice ft Inv Date Amount Quantity Prnt Date Description Reference Task Type PO # Close POLine # ACEHARD Ace Hardware . Inc 126326 08/1712012 9.47 0.00 10/0212012 1 Window Repair - Arts Building No 0000 101-450-5200-44010 Repairs/Maint Bldg 126326 1 otal: 9,47 ACEHARD Total: 9.47 ADAMBEIL Adam 09/17/2012 09/ 17/2012 7.77 0.00 1(1/02/2012 Mileage - CC Packet Delivery No 0000 101-410-1320-43310 Mileage 09/17/2012 Total: 7.77 ADAM BELL Total: 7.77 ADVANCED Advanced Eng & Environ Service 31866 08/3 I 12012 7,827,50 0.00 10/02/2012 Water System Design Phasing Study No 0000 601-494-9400-43030 Engineering Services 31866 Total: 7,827.50 ADVANCED Total: 7,827.50 AIRGAS Airgas North Central 9904442671 09/01/2012 13.34 0.00 10/02/2012 Acetelyn 0ank- Lease No 0000 101-430-3100-43150 Contract Set -vices 9904442671 Total: 13.34 AIRLIAS 13,34 ANCOM ANCOM COMMUNICATIONS, INC, 37175 09/19/2012 10.00 0.00 10/02/2012 Shipping fur pager repair No 0000 101-420-2220-43230 Radio 32125 Fotal: 10.00 ANCOM Total: 10.00 AP -10 Be Paid Proof list 109/27/12 - 11:44 AM) Page 1 linoice # Ins Date Amount Quantity lint Date Description Reference Task Type PO # Close POLine ARAM A ramark. Inc, 629-7575614 09106/20 I 2 23.78 0.00 10102/20 I 2 LI n iloms No 0000 101-430-3100-44170 Uniforms 629-7575614 Total: 23.78 629-7577417 09/26/2012 31.62 0,00 10/02/2012 City Hall - mats and Linen No 0000 101-4 I 0-1940-440 0 Repairs/Maint Contractual Bldg 629-7577417 Total: 31,62 629-7580304 09113/2012 23.78 0,00 10/02/2012 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7580304 Total: 23.78 629-7582068 09117/2012 38.22 0,00 10/02/7012 City Hall Mats & Linen No 0000 I 01-410-1940-44010 Repairs/Maint Contractual Bldg 629-7582068 Total: 38.22 629-7585041 09/2012012 23,78 0,00 10/02/2012 UnilOrms No 0000 101-430-3100-44170 Uniforms 629-7585041 Total: 23.78 ARAM Total: 141.18 BATTY PI . Batteries Plus Woodbury: Corp 32-759147 09/18/2012 15.94 0.00 10/02/2012 Door opener and welding helmet No 0000 101-430-3 100-42150 Shop Materials batteries 32-759 H2 09/18/2012 332.85 0.00 10/02/2012 Truck Batteries 98-2 No 0000 101-430-3120-42210 Equipment Parts 32-759142 Total: 348.79 BATIYPI, Total: 348.79 BENDEL, Bendel Cathy 09/21/2012 09/21/2012 310.00 0.00 10/02/2012 GrAoA Conference No 0000 101-410-1520-44370 Conferences & Training 09/21/2012 -09/21/2012 I 95,80 0.00 10/02/2012 Lodging CiFAOA Conference No 0000 I 01-410-1520-44370 Conferences & Training 09121120 12 09/2112012 84,36 0.00 10/02/2012 Mileage to Alexandria No 0000 101-410-1520-43310 Mileage 09/21/2012 09/21/2012 84.36 0,00 10/07/201 2 Mileage from Alexandria No 0000 101-410-1520-43310 Mileage 09/2112012 Total: 674.52 09/2512012 0905/2012 32.64 0.00 10/02/2012 Office Materials No 0000 101-410-1320-44350 Books 09/25/2012 Total: 32.64 BENDEL Total: 707.16 AP - To Be Paid Proof List (09/27112 - 1 I :44 AM) Page 2 Invoice # Inv Date Amount Quantity Pm( Dale Description Reference Task Type P() # Close POLine F!IFFS Biffs Inc-. Multiple 09/1912012 71,1.18 °AO 10/0212012 Portable Restroorns - No 0000 101-450-5200-44120 Rentals - Buildings Multiple Total: 714.18 W472636 09111/2012 623.47 0.00 10/02/2012 Fhno Days Portable Restrooms No 0000 204-450-5200-13150 Contract Services W472636 Total: 623.47 13IFTS Iona: 1,337.65 CARQUES'I' Car Quest Auto Parts 7055-270594 09/2512012 101-430-3100-44040 RepairsHint Eqpt 2055-270594 Total: CARQUEST Total: 197.13 0.00 10/02/2012 Speed Trailer Batte 197.13 197.13 No 0000 CURBMA ST Curbmaslers, Inc. 4723 09/12/2012 3.450.00 0.00 10/02/2012 100 Feet Concrete Curh Repair (3) No 0000 10I-430-3120-43150 Contract Services 4723 Total: 3,450,00 CURBMAsT Total: 3,450.00 DAVII:1B UCH B Liebe& Dave 08110/2012 08/10/2012 38.69 0.00 10/02/2012 Reimburse - Library Supplies No 0000 206-450-5300-42230 Building Repair Supplies 08/10/2012 Total: 38.69 DAV EBUCH Total: 38.69 DELAPP Derapp Steve 08/10/2012 08/10/2012 1.246.52 0.00 10/02/2012 Building Repair and Furnishings- No 0000 206-450-5300-44010 Repairs/Maint Bldg Librar 08/10/2012 Total: 1,246.52 DELAPP Total: 1.246.52 DELTA. Delta Dental Of Minnesota 4046 179 09/15/2012 1.640.75 OM 10102/2012 Sept 2(11 2 Dental ('overage No 0000 101-000-0000-21706 Medical Insurance 4946179 Total; 1,640.75 DELTA Total: 1,640.75 AP - To 13e Paid Proof List 0(9/2711 2 - I I:44 AI\ I) Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type NO # Close POLine # DFIVICO Dente° 4721903 09/05/2017 75,47 0.00 10/02/2012 Glossy Label Protectors - Library No 0000 206-450-5300-42500 Library Collection Mainteimnee 4721903 Total: 75,47 DEMCO Total: 75:47 DIANEW1G Wiggles‘vorth Diane 09/75/7017 09/25/2012 200.00 0.00 10/02/2012 Clearming fee for NOLA for Days No 0000 204-450-5200-44300 Miscellaneous 09/25/20 17 Total: 200.00 DIANFW1(3 Total: 200.00 DPCINDUS DPC Industries, Inc. 82701654-12 09/1112012 833.57 0,00 10/02/2012 Flouride & Chlorine No 0000 601-494-9400-42160 Chemicals 82701654-12 Total: 833.57 DPCINDLIS 1 otal: 833.57 F.G.RUD E.G. Rud & Sons. Inc. 26516 09/11/2012 372,00 0.00 10/02/2012 Well No 4 Site Acquisition - Land No 0000 409-480-8000-45300 Improvemems Other than Bldgs Survey 26516 Total: 372.00 E.G. RUD 372,00 FINI,EN' Finley Bros, Inc. 12-00737 08/21/2012 15,940.00 0.00 10/02/2012 Lions Park: Tennis Court Re -Surfacing No 0000 404-480-8000-45300 Improvemenis Other Than Bldgs 12-00737 Total: 15.940.00 biNI,EY Total: 15:940.00 FIORILLO Fiorillo Megan Cable Oper 09/24/2012 55.00 0.00 10/02/7012 Cable Operator 9/4/12 No WOO l (11-411(1-1. 450-43620 Cable Operations Cahle Oper 09/24/2012 55.01) 0.0(1 10102/2012 Cable Operator 9/11/12 No 0000 101-410-1450-43620 Cable Operations Cable Oper 09/74/2017 55,00 OM 10/02/2012 Cable Operator 9/18.'12 No 0000 10 i-410-1450-43620 Cable Operations Cable Oper Total:. 165.00 FIORILLO Total: 165.00 AP - To Be Paid Proof List (09/27/12 - 11:44 AN4) Page 4 Invoice g IfiV Date Amount Quantity Pint Date Description Reference Task TYPe PO # Close POLine FOCI IS Focus Engineering, Inc-. 326 & 327 09/27/2012 I 01-410-1930-43030 Engineering Services 326 & 327 09/27/2012 101-410-1910-43030 Engineering Services 326 & 327 Total: 328 09/27/2012 10 I -420-2400-4303(1 Engineering 378 09/77/7017 10 I-410-1910-43030 Engineering Services 328 09/27/2012 404-480-8000-43030 Engineering Services 328 09/27/20 I 2 101-430-3100-43030 Engineering Services 328 09/2712012 601-494-9400-43030 Engineering Services 328 09/27./2012 602-495-9450-43030 Engineering Services 328 09/27/2012 603-496-9500-43030 Engineering. Services 328 Total: 329 09/2717012 409-480-8000-43030 Engineering Services 329 09/27/2012 409-480-8000-43030 Engineering Services 329 09/27/2012 409-4R0-8000-43030 Engineering Services 329 09/27/2012 409-480-8000-43030 Engineering Services 329 0912712012 409-480-8000-43030 Engineering Services 329 09/27/2012 409-480-8000-43030 Engineering Services 329 09/27/2012 409-480-8000-43030 Engineering Services 329 Total; 330 09727/2012 409-480-8000-43030 Engineering Services 330 1 'owl: 331 09/2712012 409-480-8000-4303(1 Engineering Services 331 Total: 332 09/27/2012 409480-8000-43030 Engineering Services 332 Total; 4,931.79 298.0(1 5.229.79 2,080.37 1.779.14 180.00 786.00 I ,249.00 45.00 562.50 6,682.01 937.96 2.45I.14 3,857.75 133,50 539.27 118.00 2,131.63 10,169.25 429.66 429.66 52.00 57.00 514.50 514.50 0.00 10107/2012 General Engineering 0.00 10/02/2012 General Engineering 0.00 10/02/20 I 2 General Engincering-VRA 0,00 10/02/2012 General Engineering-VRA 0.00 10/02/2012 General Eilgineering-VRA 0.00 10/02/2012 General Entzineering-VRA OM I 0/02/2012 General Engineering-VRA 0,00 10/02/2012 General Engineering-VR/1 0,00 10/02/2012 General Engineering-VRA 0.00 10102/2012 1'ransporta 0.00 10/02/2012 Street Maintenance- 0.00 10/02/2012 0.00 10/02/2012 0,00 10/02/20 I 2 Sv Capitol Improvement Planning Trunk likNy 36 Planning Wash Demo Trail Reelamamtion Proj 0.00 I 0102/2012 Mn Dot Hilton Trail Interchange 0.00 10/02/2012 2012 Seal Coat Project 0.00 10/02/2012 Whistling Valley 111 0.00 10/02/2012 Sanctuary 0,00 I 0/02/2012 2011 Seal Coat Project No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To 13e Paid Proof List (09127112 - 11:44 AIVI1 Page 5 Invoice # Inv [)ate Amount Quantity Pint Date Description Reference 'Task Type PO # Close POLine # 334 09/77/2017 67.50 0,00 10/02/2012 101li Street Infrastructure No 0000 420-480-8000-43030 Engineering Services 334 Total: 67.50 335 09/27.,20 I 2 813.50 0.00 10/02/2012 3M Litigation No 0000 601-494-9400-43030 Engineering Services 335 Total: 813.50 336 09/27,0012 3,949.10 0.00 10/0212012 Keats Ave M SA Street No 0000 601-494-9400-43030 Engineering Services 336 Tina': 3:949.10 337 09/17/7017 45.00 0.00 10/02/2012 LE. Water Chlorination System No 0000 601-494-9400-43030 Engineering Services 337 Total: 45.00 338 09/27/2012 15.175.89 0.00 10/02/7012 Deniontrevil le Ifighltuids area Street No 0000 4E9-480-8000-43030 Engineering Services litipr 338 Total: 15.175,89 339 09/27/2012 277.00 0.00 10/02/2012 Olson Lake Trail Sewer Ext Feasibility No 0000 409-4R0-8000-4300 Engineering Services 339 Total: 277.00 340 09/27/2012 187,00 0:00 10/02/2012 Inwood Ave Trunk \\lam -main No 0000 601-494-9400-43030 Engineering Services 340 Total: 187.00 341 09177/7017 413,00 0.00 10102/2012 Organized Solid Waste Collection No 0000 409-480-8000-43030 Engineering. Services 341 Toial: 413.00 FOCUS Total: 44,005.20 FXL EXL. Inc. Sept 12 10/01/2012 2,000.00 0.00 10/0212012 Assessing Services - Sept 2012 No 0000 101-410-1320-43100 Assessing Services Sept 12 Total: 2.000,00 EXI, "Total: 2.000.00 (1113SONJ LI Gibson Judy Y-78970 09/27/20)2 713.55 0.00 1010212012 Library Wrapping supplies No ONO 206-450-5300-42000 ()nice Supplies Y-78970 Total: 213.55 GIBSON.111 Total: 213,55 }MGR F KGS Ragbags Country Market 09/26./2012 09/26/7017 14.37 0.00 10/02/2012 Misc Supplies No MOO 101-410-1320-44300 Miscellaneous 09/26/2012 14.37 A P - To Be Paid Proof' List 109127/12 - 11:44 AM) Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO tt Close POLine FIAGI3ERGS Total: 14.37 HAI :ASONI3 Sonbol llala 09/7517012 09/25/2012 50.00 0.00 10/02/2012 Refund Registration Fees LE Days No 0000 204-000-0000-36230 Donations 09/2512012 Total: 50.00 Hild_ASONB 1 oral: 50.00 HOLIDAYC lloliday Credit Office 09/1 5/2012 09/15120 17 101-420-2220-42120 Fuel, Oil and Fluids 09/1512012 Total: HOLIDAYC •Fotah 359.80 0,00 10102/2012 Fuel 359.80 359.80 No 0000 KAMCO Kamco, Corp 3335 09/1912012 125.00 0.00 10/02/2012 3 Large stumps ground in ROW No 0000 101-430-3120-43150 Contract Services 3335 Total: 125.00 KAMCO Total; 125,00 KLATt Klatt Kyle 09/26/7012 09/26/2012 101-i:110-1910-44370 Conferences & Trainine 09/26/2012 Tonal: KLATT Tolal: 325,00 0.00 10107/2012 MN APA Conference Reg - Reimh 325.00 325.1)0 No 0000 LE011. Lake Elmo Oil. Inc. I 7095 08/3112012 1,563.22 0.00 10/0212012 Fuel No 0000 101-430-3120-42120 Fuel; Oil and Fluids 12095 Total: 1.563;22 LEOII. 1 otal; 1.563.22 LIN DERSA Linder Sarah 08/1212012 08112/2012 206-450-5300-45800 Other Equipment 08112/2012 Total: 152607 08/1012012 206-450-5300-44010 Rcpairsiklaint Bldg 152602 Total: 339.56 0.00 10/02/2012 Receipt printer paper - Library 339,56 42.26 0.00 10/0212(112 Pizza for Sat Volunteers - Library 42.26 No 0000 No 0000 AP - ro Be Paid Proof List (09127/12 - 11:44 AM) Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLine 1,1 N DER,SA Total: LOH LofIler Inc. 1455390 0977612012 101-410-19710-44040 RepairsMaini Contractual Eqpt 14.55390 Total: LOFF Total: MARONE'S Marouey's Sanitation. tnc 446735 08731/2012 1(11-410-1940-43840 Refuse 446135 0873112012 101-420-2220-43840 Refuse 446235 08,131/2012 I 01-430-3100-43840 Refuse 446235 08/31/2012 101-450-5200-43840 Ref -use 446235 Total: MARONEYS Total; MCDONALD McDonald Constriction Check Rey 09,777/7012 803-000-0000-22900 Deposits Payable Check Reg Total: MCDONALD Total: MENARDSO Menards - Oakdale 37083 0911372012 101-430-3120-42240 Street Maintenance Materials 37083 0971371012 101-4 10-1940-42230 Building Repair Supplies 37083 09/13/2012 101-430-3100-42150 Shop Materials 37083 Total: 3877 09/20/2012 101-410-1940-42230 Building Repair Supplies 3877 Total: 3886 & 3891 09/20/2012 101-410-1940-42230 Building Repair Supplies 3886 & 3891 09720/20 I 2 101-410-1940-42230 Building Repair Supplie,s 3886 & 3891 'rota!: AP - To Be Paid Proof -List (09/27712 - I:.14 AM) 381,82 471,91 0,00 10102/2012 Copy Machines Overage & Base - Sept 421.92 421.92 108,32 0,00 10/02/2012 Waste Removal - City hall 47.68 0.00 10702/2012 Waste Removal - 207,82 0,00 10702/20 12 Waste Removal - Public Works 207.82 0.00 10/02,12012 Waste Removal - Parks 571.64 571.64 5,000.00 0.00 10/02/2012 Refund Escrow 2972 Jonquil t8004 5,000.00 5.000,00 8.94 0.00 10/02/2012 Asphalt Crack Fill 28.73 0,00 10702/2012 Ballast city Hall 4.96 0.00 10102/2012 Electric Plugs 42,63 8.19 0.00 1070212012 Wax Rings toilet City Hall 8.19 16.97 -5.44 11.48 0.00 10/07/2012 Toilet Seat and Supply Line 0,00 10/02/2012 Toilet Seat Retuni No No No No No No 0000 0000 00(10 0000 0000 0000 No 0000 No 0000 No 0000 Nu 0000 No 0000 No 0000 Page 8 Invoice # lnv Date Amount Quantity Pint Date Ocscription Reference Task Type PO # Close P MENARDSO Total: 67.30 MFRA McCombs Frank Roos Assoc Inc. 71234 09/01/2012 450.00 101-410-1910-43150 Contract Services 71234 'Total: 450.00 MENA Total: 450.00 MI LCHEL L Paul 0917512017 09/75/2017 70-450-5200-44300 Nlisecllaneous 09/25/2012 Total: IYITICIIELL, Total; Munici-Pals 09/26/2(112 09/26/20 12 101-4 0-1320-44370 Conferences & Training 09/2612))12 Total: MIMIC:1-P '1 otal: 0.00 I 01022012 General planning Assistance - Comp Plan 1.265.0(1 0.00 10/02/2012 Lahor & Reintb - Pig Roast LE Days 1,265.00 1,265.00 148.00 0.00 10/02/2012 Municipals Annual Fall Business Mtg [48.00 148.00 No (1000 No 0000 No 0000 NCPERS 566200-NC['ERS MINNESOTA 5662812 09/21/2017 96,00 0.00 10/02/2012 October 2012 Deductions No 0000 101-000-0000-21708 Other Benefits 5662812 Total: 96.00 NCPERS Total: 96.00 NEXTEL Nextel Communications 761950227-108 10/01/2012 129.29 0.00 I 0102/20 12 Cell Phone - Administration No 0000 101-410-1940-43210 Telephone 761950227-108 10/01/2012 90.04 0.00 10/02/2012 Cell Phone - Fire Dept No 0000 101-420-2220-43210 Telephone 761950227-1(18 10/01/2012 267.57 0,00 10/02120 I 2 Cell Phone - Building Dept No 0000 101-420-2400-43210 Telephone 76 I 950227-108 10/01/2012 35,10 0.00 10/02/2012 Cell Phone - Public Works Dept No 0000 101-430-3100-43210 1 elephone 761950227-108 10/01%2012 89.49 04)0 10/02/2012 Cell Phone - Parks Dept No 0000 101-450-5200-43210 Telephone 761950227-108 I 0/01/2012 229,48 0.00 10/02/20 I 2 Cell Phone - 'Taxpayer Services No (1000 101-410-1450-43210 Telephone 761950227-108 10/01/.21)12 18.19 0.00 10/0212012 Cell Phone - Planning Dept No 0000 101-410-1910-4321(1 Telephone AP - To Be Paid Proof List (09/27112 - 11:44 AM) Page 9 Invoice Ion Dale Amount Quantity Pmt Date Description Reference Task Type PO 4 Close POLine 761950777-108 Total: NEXTF L. Total: NORTI IS1/C Northland Securities.. Inc. 3038 0911 112012 601-494-9400-43150 Contract Services 3038 Total: NORTHSEC 'Fotal: OAKDRC Oakdale Rental (2einer 10084973 0912012012 101 -430-310(1-4224(1 Street Maintenance Materials 10081973 Total: OAKORC Total: 859.16 859.16 1,840.00 0.00 10102/20 I 2 Financial Planning - Utility Enterprises No 0000 1.840,00 1.84000 73,73 0.00 10/02/2012 Propane - Patching 73,73 73,73 No 0000 PETTY Fl R Petty Cash 09/2612012 09/76/7017 47.50 0,00 10/02/2012 Train Mu No 0000 101-420-2220-44370 Conferences & Training 09/26/2012 09/26/2012 73.56 0.00 I 0/02/2012 Vehicle Maintenance No 0000 10 I -420-2220-45500 vehicle 09/26/2012 09/2612012 32.20 0.00 10/02/2012 Building Maintenance No 0000 101-420-2220-44010 Repairs/Maint Bldg 0906/7017 09/26/2012 0.45 0.00 10/0212012 Postage No 0000 101-420-2220-44300 Miscellaneous 09/26/2012 Total: 103.71 PETT \T1R Total: 103.71 PROSTAFT PROSTAFF 102-869340 08/16/2012 620.00 0.00 10/02/2012 Temp Help 4`r/E 8/12/12 No 0000 101-410-1320-43150 Contract Services 102-86934(1 Total: 620.00 PROSTAFF °tab 620,00 PR OVANTA Provantage 6459796 0911812012 432,05 0.00 10/02/2012 Protective Film and Warrtmty for No 0000 101-420-2220-42400 Small Tools & Equipment Tablet 6459796 Total: 432,05 PROVANTA Total: 432.05 AP - to Be raid Proof List (09127/12 - I :4-1 AIN F'aue 10 Invoice fi Inv Date Amount Quantity Pug Date Description Reference Task Type PO /t Close POLine t-1 ROSEMARY Meier Rosemary 08/10/12 08/10/2012 206-450-5300-42230 Building Repair Supplies 08/10/12 Total: ROSEMARY Total: 44.74 0.00 10102/2012 Paper Supplies - Library No 0000 44.74 44,74 S&T S&T Office Products, Inc. 011119182 08/06/2012 27.30 (400 10/02/2012 Office Supplies 101-410-1320-42000 Office Supplies 01N-19182 Total: 27,30 0 P1-19247 08106/2012 136.84 0,00 10/02/2012 Office Supplies 101-410-1320-42000 Office Supplies 01PH9247 Total: 136,84 01PF19673 08/07/2012 108,07 0.00 10/02/2012 Office Supplies 101-410-1320-42000 Office Supplies 0112119673 Total: 108,07 011'11937 08/06/2012 78.05 0.00 10/02/2(112 Office Supplies 101-410-1910-42000 Office Supplies 01011937 Total: 78.05 (11 P11980 08/1012012 121.30 0,00 1(1/02/2012 Office Supplies 101-410-1320-42000 Office Supplies 01P11980 Total: 121,30 011'14836 08/17/2012 185.89 0,00 10/02/2012 Office Supplies 101-410-1320-400 Office Supplies 01 P14836TWA: 185.89 01014452 09%11.120 I 2 23.34 0.00 10/02/2012 Office Supplies 101-410-1320-42000 Office Supplies 01P,14452 09/11/2012 183.66 0.00 10/02/2012 ()nice Supplies 101 -411)-132(1-42000 Office Supplies 01P14452 09/11/2012 5.60 0.00 10/02/2(112 Office Supplies 101-410-1520-42000 Office Supplies (11 PJ4452 Total: 212.60 01P19322 09/27/2012 26,16 0.00 10/02/2012 Business Cards 101-420-2400-42000 Office Supplies 011'19322 09/27/2012 26,16 0,00 10/02/2012 Business Cards 101-4 I 0-1320-42000 Officc Supplies 011219322 09/2712012 26.16 0.00 1002/2012 Business Cards 101-410-1450-42000 Office Supplies 01P.19322 78.48 01P49814 09/21/2012 101-410-1320-42000 Office Supplies 0113,19814 'total: 102.09 CM011210128 09/27/2012 101-410-1320-42000 Office Supplies AP - To Be Paid Proof List (09/27/12 - 11:44 AM I 102.09 0,00 10/02/2012 ()Bice Supplies -55.13 0.00 10/02/2012 Renin (..larhage Can I .id No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 11 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # CW11110128 Total: S&T 'Total: -55.13 995.49 SAMSCLO1 Sam's Club 2539 09/10/2012 77.20 0.00 10/02/2012 CH Supplies - Coffee & cups No 0000 101-410-1320-42000 Orrice Supplies 2539 Total: 77.20 SAMSCLUB Total: 77,20 SCI-IVVAAB Schwaah., Inc. 57359 09/12/2012 52.47 0.00 10/02/2012 Conveyance Stamp - City Clerk No 0000 101-410-1320-42000 Office Supplies 57359 Total: 52.47 PN67829 09/12/1012 -31.50 0.00 10/02/2012 Return Bldg Dept Stamp No 0000 101-420-2400-42000 Office Supplies PN67829 -31.50 SCHWAAII Total: 20.97 SH1 SIII International 1300754733 09/05/2012 34.05 0.00 10/01/2012 Cable for training simulations No 0000 101-420-2720-44370 Conferences & 'Training 1300754733 Total: 34.05 SHI Total: 34.05 STILLM ED Stillwater Medical Group 0911/1/012 09/12/2012 1,009.93 0.00 10.102/2012 Physicals and Vaccinations No 0000 101-420-2220-43050 Physicals 09/12/2(112 Total: 1.009.93 ST1LLMED Total: 1,009.93 TASCH Schifsky & Sous Eric 53878 09/1012012 142.65 0.00 10/02/2012 Asplialt No 0000 101-430-3120-42240 Street Maintenance Materials 53878 Total: 142.65 53912 09/18/2012 141,19 0.00 10/02/2012 Asphalt No 0000 1(11-430-3120-42240 Street Maintenance Materials 53912 Total: 141.19 TASCH Total; 283,84 - To Ile Paid Proof List 019/27/12 - 1 1 :41 .ANI) Page 12 Invoice Inv Dale Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # IRE(i[LctA ['rep !gas Michael Cable ()per 09/24/2017 101-410- 1150-13620 Cahle Operations Cable ()per otal: Tit EGIL-GA Total: WAS111 AX Washington Comity 1901 09115/2017 101-410-1910-12(130 Printed Forms 1901 09/15/2012 603-496-9500-44300 Miscellaneous Expenses 1901 otal: WASITIA_X dotal: WASRAI)1O WASHINGTON COUNTY 73392 09/21/2012 101-430-3100-43230 Radio 73392 Total: WASR ADIO Total: Report Total: 55.00 0,00 10/02/2012 Cable Operator 9/24/12 55.00 55.00 276.00 0.00 10/02/2012 Planning Documents 92.01) 0.00 10/02/2012 Rain Garden Agreements 368.00 368,00 103,02 0.00 10102/2012 800 Radio Fees 103.02 103,02 98.535:70 No 0000 No 0000 No 0000 No 0000 - To Be Paid Proof dist (09127/12 - 11:44 AM) Page 13 Accounts Payable To Be Paid Proof List Cser: jowl z Printed: 09/27/2012 - 12:19 PM Batch: 013-09-2012 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task- Type PO # Close POLine # ALIBLAC Allied Blacktop Co. Final Pay Rot 09/18/2012 82,942.56 409-480-8000-45300 hoprovemenis Other Than Bldgs Final Pay Rot 09/18/2012 51,784.88 101-000-0000- 11500 Accounts Receivable Final Pay Rot Total: 134.727.44 ALLI11.A( Total: 134.727.-14 Report Total: 134,727.44 0.00 10/02/2012 2012 Seal Coat Proj Pay Est. #1 (Final) - 0.00 10/02/2012 2012 Seal Coat Pro' - W Lakeland Portion No 0000 No 0000 AP - 0 Be Paid Proof List t09/27/12 - 12:19 pNj) Page 1 Accounts Payable To Be Paid Proof List User: joan Printed: 09118/2012 - 3:43 PM Batch: 009-09-20 I 2 Invoice # Inv Pate Amount Quantity Plitt Date Description Reference Task fype PO # Close POLine # ALLIED Allied Electrical ConL, Inc. 3225 0812012012 745,00 0,00 09:1 8121)12 Installation of Ice machine No 000(1 01-420-2220-42400 Small Tools & Equipment 3225 Total: 245,00 ALLIED Total: 245.00 1)ADSPLUIVI Dad's Plumbing ITC n8/09/2012 08108120 12 842,00 0,00 09118/2012 Plumbing.) for Ice Machine No 0000 101-420-2220-42400 Small Tools & Equipment 08/09/2012 Total: 842.00 DADSPLUM Total: 842.00 LIGTENBE Ligtenberg Kevin & Charline Check Req 09/18/20 12 5,000,00 0.00 09/18/2012 Refund Escrow 10125 Tapestry 0073 No 0000 803-000-0000-22900 Deposits Payahle Check Req Total: 5,000.00 LIGTENBE Total: 5,000.0(1 PROVANTA Provanlage 64071 05 07/25/2012 307.00 0.00 09/1812012 Computer - Mobile Dock No 0000 101-420-2220-42401) Small Tools & Equipment 6407105 307,00 0415572 08103/2012 35.49 0,00 09/18/2012 Computer - hall Mount No 0000 101 -420-2220-42400 Small Tools & Equipment 6415572 Total: 35,49 6438112 0812712012 2,635.50 0.00 09/18/2012 Computer - Tablet No 0000 101-420-2220-42400 Small Tools & Equipment 64.38 112 Total: 2,635.50 PROVANTA Total: 2,977,99 AP - To Be Paid Proof List (09/ I 8,12 - 3:43 PM Page 1 Invoice # Inv Date Anonnt Quantity Pint Date ,,escrintioo Reference Task Type l'O # Close POLine fi SYSCO-NH S).sco-Nlinnesota Inc, 2081605)5 08:22:2011 101-420-2220-42400 Small Tools & Equipmen( 208160525 Total: SYSCO-N11 3,196.52 0.00 091 8/2012 Ice Machine 3,196,5? 3,196.52 VANZAN DT Van Zandt Distributing 5470 07/26/2012 2.898.15 0,00 09/18/2012 4-Pulse Oxinieters (Budget & Rotary) 101-420-2220-42080 EMS Supplies 5,-170 Totak 2898.15 VANZANI)T Total: 2,898.15 Report Total: 15.159.66 No 11000 No 0000 AP - To Be Paid ProofList (09/18/12 - 3:43 PM) Page 2 Accounts Payable 'ro Be Paid Proof List 1 lser: joan z Printed: 09/25/2012 - 12:58 PM 010-09-2012 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type 1O # Close POLine # IvINFIft FiCI I MN Stale Fire Chiefs Assn 09170/2011 0905/7011 420,00 0,00 09/25/201 2 Stale chcifs 'onf. nialmquisi. Cornell No 0000 101-420-2720-44370 Conferences & Training 09120/2012 Total: 420,00 IvINIFIRECH Total: 420.00 Report Total:- 420.00 Al' - To Be Paid Proof Lis( (09125112 - (2:58 PM) Page 1 IF. CA 1 -1* LAKE EL_ 1\,, AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: STAFF REPORT: MAYOR AND COUNCIL COMMUNICATION DATE: 10/2/2012 CONSENT ITEM #: 4 MOTION Consent Agenda Resolution 2012-49 Designating City's Data Practice Officials and Approving City Data Practices Policy Sandie Thone, City Clerk Dean A. Zuleger, City Administrator Adam Bell, Deputy Clerk As part of the Consent Agenda the City Council is requested to consider approval of Resolution 2012-49 Designating City's Data Practices Officials and Approving City's Data Practices Policy. Minnesota State Statute Chapter 13 regulates the collection, creation, storage, maintenance, dissemination and access to government data in government entities. MN Statute 13.05 requires the government entity's Responsible Authority to annually update the city's Data Practices Policy and make any changes necessary to maintain the accuracy of the document. The policy identifies the types of data the city maintains and how each type of data is classified. In addition, the policy provides for written procedures to ensure data requests are received and complied with in an appropriate, permitted and prompt manner. The city is required to have two officers to administer responsibilities set forth in the act. The required officers are the Responsible Authority and the Compliance Officer. who by state statute can be and often are the same person within a government entity. The Responsible Authority is responsible for collection, use and dissemination of any set of data. The Compliance Officer handles questions or issues with regard to data access. Both of these officials are required to he named specifically, not just as a position responsibility. It is recommended the city council designate City Clerk Sandie Thone as both the Responsible Authority and the Compliance Officer and Deputy Clerk Adam Bell as the Data Practices Designee. RECOMMENDATION: Staff recommends the City Council approve Resolution 201 2-49 Designating City Data Practices Officials and Approving City's Data Practices Policy: City Clerk Sandie Thone as both the Responsible Authority and the Compliance Officer and Deputy Clerk Adam Bell as the Data Practices Designee. This action requires a simple majority vote. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-49 A RESOLUTION DESIGNATING CITY'S DATA P CTICES OFFICIALS AND APPROVING CITY'S DATA P • CTICES POLICY WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data practices responsible authority and designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and BE IT THER RESOLVED, that City Clerk Sandie Thone will be appointed to serve as the city's data practices compliance official and data practices responsible authority and that Deputy Clerk Adam Bell is hereby appointed as data practices designee. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND DAY OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: ATTEST: Sandie Thone City Clerk Dean A. Johnston Mayor Resolution 201 2-49 2012 THE CITY OF LAKEELMO Page 1 of 21 ACCESS TO DATA BY THE PUBLIC Access To Data By The Public While some data maintained by the city is data about individuals, which is presumed to be private, the broader assumption about government data in general is that it is public, and should be readily available to anyone who asks for it. Failure to disclose information that is public is a violation of data practices laws. Any person (individual or non -individual) can have access to public data simply by making a request to the responsible authority that has jurisdiction over the data. The person has the right to inspect and copy the data at reasonable times and places, and, if the person so requests, will be informed of the data's meaning. Inspection of Data There is no fee for inspecting the data (Minn. Stat. Sec. 13.03, subd. 3.) Inspection includes visual inspection of the information in paper or some other medium, such as on the website. Inspection does not include printing copies, unless printing a copy is the only way to inspect the data. For data stored in electronic form and available to the public through electronic remote access, inspection includes allowing the public to have access to the data so that they can print or download the data from their own computer equipment. The responsible authority may charge a reasonable fee for remote access to data if there is a specific statutory grant of authority. Data with Commercial Value When data requested by the public include data that have commercial value (such as a formula, pattern, compilation, program, device, method, technique, etc) and a substantial and discrete portion of the data was developed with a significant expenditure of public funds, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying and compiling the copies (Minn. Stat. Sec. 13.03, subd. 3(d)). Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. Computer Storage Medium If the requested data is maintained in a computer storage medium, the responsible authority must provide a copy of the data contained in that medium in electronic form if the city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)). 10/2/2012 Page 2 of 21 Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city should, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information. CLASSIFICATIONS OF GOVERNMENT DATA Classifications of Government Data The Minnesota Government Data Practices Act defines Government Data as all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use (Minn. Stat. Sec. 13.02, subd. 7). Government Data are separated into classifications and the classification of data determines their accessibility by the public. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit A. Data On Individuals Data on individuals are defined as government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data is not accessed by the name or other identifying data of any individual. There are three classifications of data on individuals : • Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees. • Private -- This is data about individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data. Page 3 of 21 • Confidential -- This is data about individuals that even the individuals themselves cannot be told, e.g., information from an investigation about welfare fraud or in adoption records. Note, however, that even if the confidential data itself cannot be disclosed to individuals, individuals do retain the right to know whether an agency is maintaining confidential data about them. Confidential information may be given to people who are authorized access by federal, state or local law or court order or people within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Data Not On Individuals Data not on individuals are government data about non -individuals, such as organizations including partnerships, corporations, associations, etc. • Public -- This is data about non -individuals, such as businesses, which can be disclosed to anyone for any purpose, e.g., names of vendors who have contracts with the city. • Private -- This is data about non -individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data, e.g., certain financial information about businesses. • Protected Non-public -- This is data about non -individuals, which is available only to government entities with a legal right to know it. A corporation being investigated for fraud, for example, would not have a right to the information being collected during the investigation. Information Technology Policy Information Policy Compliance and Consequences All City of Lake Elmo users, including employees, volunteers and contractors, who have rights to access or modify city information in any media, or who use city computers, business applications or electronic communication resources, must comply with Lake Elmo Information Policy, the federal Health Insurance Portability and Accountability Act (HIPAA), the Minnesota Government Data Practices Act and all other laws or rules governing the protection of data. Failure to comply is grounds for sanction and/or disciplinary action up to and including termination of employment, cancellation of contract and/or loss of resource privileges. Failure to comply may also result in notification to law enforcement officials and regulatory, accreditation and licensure organizations. City of Lake Eltno D.a.ta Practices ?olio Page 4 of 21 Use of any City of Lake Elmo information technology devices will be limited to employees. Al] files of any kind, including electronic mail disseminated or received utilizing city devices or software or which resides on computers within the City of Lake Elmo should not be considered as private and employees shall have no expectation of privacy. The contents of electronic mail will not normally be monitored, censured, or otherwise examined unless there is reason to believe the usage is being abused. City investigations, law enforcement investigations, or court order or data practices request may require the examination and release of any file or document, including electronic files such as electronic mail. Electronic Mail (Email): Purpose of Email: the email system is a tool to be used for matters directly related to the business activities of city employees and as a means to further the mission by providing services that are efficient, accurate, timely and complete. Public Nature of Email: email is a public record like any other public document. Email may be searched for evidence in any legal proceeding. By using the email system, the employee consents that in the event of suspicious activity their email system may be searched for evidence gathering purposes. E-mail messages are subject to regulation under the Minnesota Data Practices Act. As such, all e-mails unless private (content determines public or private) should be considered public information. Policy: employees are responsible for adhering to business standards when email is created, sent, forwarded or saved. Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If it is a critical e-mail correspondence, it should be saved as a hard copy or as a text file and moved to the server. Delete all inbox, sent, and deleted messages that are no longer needed. Members of the Public Right to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. The Data Practices Act also provides that the City of Lake Elmo must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. City of Lalcte "Elan Data Practi es Polic Page 5 of 21 You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that the City of Lake Elmo keeps, make a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request for data by mail, using the data request form on page ten. If you choose not to use the data request form, your written request should include: 1. that you, as a member of the public, are making a request for data under the Data Practices Act, Minnesota Statutes, Chapter 13; 2, whether you would like to look at the data, get copies of the data, or both; and 3. a clear description of the data you would like to inspect or have copied. The City of Lake Elmo cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your written request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you in writing as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: 1) Arrange a date, time, and place to inspect data, for free, if your request is to view the data, or 2) Provide you with copies of the data as soon as reasonably possible. City DI Lake, Elnio Data Practices Policy Page 6 of 21 You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide you with an explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. The Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. The City of Lake Elmo will prepare summary data if you make your request in writing and pre -pay for the cost of creating the data. Upon receiving your written request - you may use the data request form on page ten - we will respond within ten business days with the data or details of when the data will be ready and what the cost will be. Data Subjects Data about You The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Lt 11,,ratticts Page 7 of 21 Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: ifyou are an employee of a government entity, the fact that you work for the entity, and your job title and bargaining unit is public. Private data; We cannot give private data to the general public, but you have access when the data are about you. The following is an example of private data about you: your Social Security 17 umber. We can share your private data with you, with someone who has your permission, with City of Lake Elmo staff who need the data to do their work, and as permitted by law or court order. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. The following is an example of confidential data about you: if you register a complaint with a government entity concerning violations of state laws or local ordinances concerning the use of real property, your identity is confidential. We can share confidential data about you with City of Lake Elmo staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. Your Rights under the Data Practices Act The City of Lake Elmo must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Your Access to Your Data:. You have the right to view (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. City of Lak.e Elmo D I c s 10/2/.2012 Page 8 of 21 Minors have the right to ask the City of Lake Elmo not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we Collect Data from You: When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the consent form we provide. Protecting your Data: The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When vour Data are inaccurate and/or Incomplete: You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data, or request copies of data that the City of Lake Elmo keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page ten. You may make your written request by mail using the data request form on page twelve. If you choose not use to use the data request form, your written request should include: That you are making a request, under the Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you; 2. Whether you would like to inspect the data, have copies of the data, or both; 3. A clear description of the data you would like to inspect or have copied; and 4. Identifying information that proves you are the data subject, or data subject's parent/guardian. City of Lake _Elmo Data Prcticcs Policy 10/2/2012 Page 9 of 21 The City of Lake Elmo requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity document located on page thirteen. How We Respond to a Data Request Once you make your written request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. f e do not have the data, we will notify you in writing within 10 business days. If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data. If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: 1. Arrange a date, time, arid place to inspect data, for free, if your request is to look at the data, or 2. Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide additional explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data. City of Lake Blino P r ctices Pofly 10/2/2032 Page 10 of 21 CITY OF LAKE ELMO Data Practices Contacts Responsible Authority Sandie Thone, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 sthonei(4akeelmo.org Data Practices Designee Adam Bell, Deputy Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 abeliPlakeelmo.org Data Practices Compliance Official Sandie Thone, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 salon eiet)lakeelmo.orp. City of Lake Elino Data PactLces Policy s' Page 11 of 21 Copy Costs - Members of the Public The City of Lake Elmo charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). Copies must be paid for prior to receiving. For 100 or Fewer Paper Copies - 25 Cents per Page 100 or fewer pages of black and white, letter or legal size paper copies cost 25 for a one- sided copy, or 50( for a two-sided copy. Most Other Types of Copies - Actual Cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies will be calculated at the actual hourly rate of the employee. Copy Costs - Data Subjects The City of Lake Elmo charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. Copies must be paid for prior to receiving. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies will be calculated at the actual hourly rate for the employee. Lake Elan() Dat,,a Page 12 of 21 City of Lake Elmo Data Request Form - Members of the Public Date of request: I am requesting access to data in the following way: Note: inspection is free, for copies the City of Lake Elmo charges $0.25 per page for 100 or fewer one-sided pages of black and white, letter or legal size paper copies cost or 50c for a two-sided copy. nspection Copies 7 lnspection and copies These are the data I am requesting: Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Name: Address: Phone number: Email address: You do not have to provide any of the above contact information. However, if you want us to mail you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. City if Latk ELu Dais, Praetiees oliey Page 13 of 21 City of Lake Elmo Data Request Form - Data Subjects Date of request: To request data as a data subject, you must show a valid state ID, such as a driver's license, military ID, or passport as proof of identity. I am requesting access to data in the following way: Inspection Copies Inspection and copies Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is calculated at the actual hourly rate of the employee. Description of data requested: Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable) Address Phone number Email address Signature of Data Subject or Parent/Guardian Staff Verification Identification provided City of Lake Elmo Data Practices Policy 10/2/2012 Page 14 of 21 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as • state driver's license • military ID • passport • Minnesota ID • Minnesota tribal ID A minor individual must provide a valid photo ID, such as • state driver's license • military ID • passport • Minnesota ID • Minnesota Tribal ID • Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a certified copy of the minor's birth certificate or a certified copy of documents that establish the parent or guardian's relationship to the child, such as • court order relating to divorce, separation, custody, foster care • foster care contract affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as • court order(s) valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. City a1(e Eluto Data Pra,ctices Policy ` 10/2/2012 Page 15 of 21 CITY OF LAKE ELMO NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES, OR OTHER MUNICIPAL ACTION If you are requesting municipal action on any request for any of the above, you will be required to furnish certain information about yourself, the project you are involved in, or other matters pertaining to the application. Some of the information you are asked to provide is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. 2. The purpose of this information is to enable the City of Lake Elmo or other government agencies to evaluate relevant factors in considering your request. You are not legally required to provide this information. If you do not provide the requested information, the City may not act upon your request. The information you supply will be public and available to any entity requesting to inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING REQUIRED BY MINNESOTA STATUTES CHAPTER 13.04 BY COMPANY/TITLE: •••••• •••••••,•,......••••••• •. • . . • , .s Page 16 of 21 NON-PUBLIC DATA MAINTAINED BY CITY (EXHIBIT A) Personnel Data (Private) Minn. Stat. §13.43 All data on all individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission is private, except the following which is public: Name Employee identification number (not the employee's Social Security number) Actual gross salary Contract fees Actual gross pension Value and nature of employer paid fringe benefits Basis for and amount of added remuneration, including expense reimbursement Job description, job title and bargaining unit Education and training background Relevant test scores and rank on eligible list Previous work experience Date of first and last employment Veteran status The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in discipline Final disposition of any disciplinary action, together with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the city Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement Work availability Work location Work telephone number Honors and awards received Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extend that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data 10/2/2011 Page 17 of 21 Names and addresses of applicants for and members of an advisory board or commission Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre -petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. All other data is private but may be released pursuant to a court order. Data pertaining to an employee's dependents are private data on individuals. 2. Property Complaint Data (confidential) Minn. Stat. §13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 3 Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security, 4. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. Trade Secret Information (Non-public) Minn. Stat. §13.37 Government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known Cit)kElX Data Practices olicy Page 18 of 21 to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 6. Examination Data Minn. Stat. §13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 7. Elected Officials Correspondence (Private) Minn. Stat. §13.601 Correspondence between individuals and elected officials, but either may make it public. Federal Contracts Data (Non-public) Minn. Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with the city, all government data collected and maintained by the city is classified as private or nonpublic depending on whether the data are data on individuals or data not on individuals. 9. Civil Investigative Data Minn. Stat. §1 Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 10. Appraisal Data (Confidential or Non-public) Minn. Stat. §13,44 a. Estimated or appraised values of individual parcels of real property that are made by personnel of the city or by independent appraisers acting for the city for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. b. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from the city are classified as private data on individuals or nonpublic data. The data become public upon the occurrence of any of the following: The data are submitted to a court -appointed condemnation commissioner; The data are presented in court in condemnation proceedings; or '± ',Ake Elmo Data Practices Policy 10/2/2012 Pan 19 of 21 The negotiating parties enter into an agreement for the purchase and sale of the property. 11. Personal and intangible property; appraisal data (Non-public) Minn. Stat. §13.44 Preliminary and final market value appraisals, which are made by personnel of the city or by an independent appraiser acting on behalf of the city, of personal and intangible property owned by the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is entered into; or (2) the parties negotiating the transaction exchange appraisals. 12. Social Security numbers (Private) Minn. Stat. §13.355 The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law. 13. Recreation/Social Programs Data (Private) Minn. Stat. §13.57 People enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business. 15. City Attorney Records Minn. Stat. §13.30 The use, collection, storage, and dissemination of data by the city attorney are governed by statues, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney -client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. City of Lake Elmo Data PracAites P liry 0/2/20 12 Page 20 of 21 16. Electronic Access Data Minn. Stat. §13.15 Data created, collected, or maintained about a person's access to a city computer for the purpose of gaining access to data or information, transferring data or information are private data on individuals or nonpublic data. 17. Service Cooperatives Claims Data Minn. Stat. §13.43 Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to the city, and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. 0/2/20,1.2 Page 21 01'21 Consent to Release - Request from a Government Entity Explanation of Your Rights You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed on this form. Before you give us permission to release the data, we encourage you to review the data listed on this form. You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. You have the right to ask us to explain the consequences for giving your permission to release the data. You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. If you have a question about anything on this form, or would like additional information or explanation, please contact Sandie Thone, City Clerk, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042; 651.747.3900 or stioneciAlakeelmo.org, before signing. , give my permission for the City of Lake Elmo to release data about me to as described on this form. I understand that my decision to allow release of the data to is voluntary. 1) The specific data that the City of Lake Elmo may release: 2) 1 understand the City of Lake Elmo wants to release the data for this reason: 3) I understand that although the data are classified as private at the City of Lake Elmo, the classification/treatment of the data at depends on laws or policies that apply to . This authorization to release the data expires on Individual data subject's signature Date Parent/guardian's signature [if necessary] Date City of Lake Elmo Dat Practices Policy xTh A PTE CITY F L T P T CTICE E 18th Y E E CE F FE 73pz)<L-Le.—‘ CITY OF LAKE ELMO DATA PRACTICES PROCEDURES INDEX Subject Page 1.0 Introduction 2.0 Responsible Authority 3.0 Access to Public Data A. People Entitled to Access 1 B. Form of Request 1 C. Time Limits 1 D. Fees 1 4.0 Access to Data on Individuals 2 A. People Entitled to Access 2 B. Form of Request 3 C. Identification of Requesting Party 3 D. Time Limits 3 E. Fees 3 F. Summary Data G. Juvenile Records 4 5.0 Denial of Access 6,0 Collection of Data on Individuals 7.0 Challenge to Data Accuracy 8.0 Data Protection A. Accuracy and Currency of Data B. Data Safeguards 9.0 Annual Review 5 6 6 EXHIBITS Consent to Release Private Data Information Disclosure Request Access and Nondisclosure Agreement Notice to Juveniles Tennessen blaming Contract Language, Outside Agents NUMBER 1 2 3 4 5 6 APPENDICES LETTER Private & Confidential Data Maintained by City A Record of Annual Review CITY OF LAKE ELMO DATA PRACTICES PROCEDURES 1.0 Introduction These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), specifically Minn. Stat. §13.03, Subd. 2; and 13.05, Subd. 5 and 8. 2.0 Responsible Authority The person who is the responsible authority for the compliance with the Act is the Deputy Clerk. 3.0 Access Public Data All information maintained by the City is public unless there is a specific statutory designation, which gives it a different classification. The City General Records Retention Schedule lists data series maintained by the City and their classifications. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to state his or her nam or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. C. Time Limits. 1. Requests. Requests will be received and processed only during normal business hours. 2. Response. If copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. D. Fees. Fees, at the rate of $.50 per page side, may be charged only if the requesting person asks for a copy, unless a significant time is required. In that case, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public from non-public data. The Deputy Clerk may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. 4.0 Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access. . Public information about an individual may be shown or given to anyone. 2. Private information about an individual may be shown or given to: a. The individual, but only once every six months, unless a dispute has arisen or additional data has been collected. b. A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 1, or a form reasonably similar. c. People who are authorized access by the federal, state, or local law or court order. d. People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. e. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. 3. Confidential information may not be given to the subject of the data, but may be shown or given to: a. People who are authorized access by federal, state, or local law or court order. b. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. 2 B. Form of Request. Any individual may request verbally or in writing if the City has stored data about that individual and whether the data is classified as public, private, or confidential. AU requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 2, must be completed to document who requests and who receives this information. The Deputy Clerk or designee must complete the relevant portions of the form. The Deputy Clerk or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. The Deputy Clerk or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. 1. Requests. Requests will be received and processed only during normal business hours. 2. Response. The response must be immediate, if possible, or within 5 working days -it an immediate response is not possible. The City may have an additional 5 working days to respond if it notifies the requesting person that it cannot comply within 5 days. E. Fees. Fees may be charged in the same manner as for public information, F. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The Deputy Clerk or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Deputy Clerk or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the summary data cannot be prepared within 10 days, the Deputy Clerk must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Deputy Clerk may ask an outside aaency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and. (3) the Deputy Clerk determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Deputy Clerk may use the form attached as Exhibit 3. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. 1. Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Deputy Clerk or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. • 2. Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 4. Denial of Parental Access. The Deputy Clerk or designee may deny parental access to private data when the juvenile requests this denial and the Deputy Clerk or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Deputy Clerk or designee will consider: a. Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences, b. Whether denying access may protect the juvenile from physical or emotional harm, c. Whether there is reasonable grounds to support the juvenile's rea and d. Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Deputy Clerk or designee may also deny parental access without a request from the juvenile under Minnesota Statutes § 144.335. 4 6.0 Denial of Access. If the Deputy Clerk or designee determines that the requested data is not accessible to the requesting party, the Deputy Clerk or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Deputy Clerk or designee must give the specific legal authority, including statutory section, for withholding the data. The Deputy Clerk or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. 6.0 Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: the purpose and intended use of the requested data, whether the individual may refuse or is legally required to supply the requested data, any known consequences from supplying or refusing to supply the information, and the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 5. 7.0 Challenge to Data curacy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Deputy Clerk in writing describing the nature of the disagreement. Within 30 days, the Deputy Clerk or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Deputy Cleric's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Deputy Clerk will correct any data if so ordered by the Commissioner. 8.0 Data Protection. A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes, Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individualswho do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: 1, not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, 2, not leave private or confidential data where non -authorized individuals might see it, and shred private or confidential data before discarding. When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 6. .0 Annual Review The Deputy Clerk shall review the data practice procedures annually for compliance with the Act and shall complete Appendix B. Exhibit 1 CONSENT TO RELEASE PRIVATE DATA authorize the City Of Lake Elmo ("City") to (Print Name) Release the following private data about me: To the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or non -cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, s agents and employees for releasing data pursuant to this request. Signature IDENTIFY VERIFIED BY: Witness: X Identification: Driver's License, State ID, Passport, Li other: Comparison with signature on file other: Respinsible Authority/Designee: Exhibit 3 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT . AUTHORIZATION. City of Lake Elmo ("City") hereby authorizes ("Authorized Party") access to the following government data: PURPOSE. Access to this govemment data is limited to the objective of creating summary data for the following purpose: ST. (Check which applies): a The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ 0 The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. 10 The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): p If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. Li If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: Date: Title (if applicable): CITY OF LAKE ELMO By: Its: 11 Date: Exhibit 4 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law, You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: DATE: BY: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature; 12 Exhibit 5 DATA PRACTICES ADVISORY Some or ail of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 1 3 Exhibit 6 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat, Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract, Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 14 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer. All data on all other individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, except the following which is public: Name Actual gross salary Salary range Contract fees Actual gross pension Value and nature of employer paid fringe benefits Basis for and amount of added remuneration, including expense reimbursement Job title Job description Education and training background Previous work experience Date of first and last employment The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement Work location Work telephone number Badge number Honors and awards received Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data City and county of residence Names and home addresses of applicants for appointment to and members of an advisory board or commission if it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or 15 (3) a court, law enforcement agency or prosecuting authority. 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment or appointment to an advisory board or commission, except the following which is public: Veteran status Relevant test scores Rank on eligible list Job history Education and training Work availability Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn, Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn, Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. § Seaied bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective, bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. 16 Completed versions of personnel and licensing examinations are private, unless the Deputy Clerk determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 9. Elected Officials Correspondence (Private) Minn. Stat. §13.33. Correspondence between individuals and elected officials, but either may make it public. 10. Benefit Data (Private) Minn. Stat. §13.31. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn. Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.50. Appraisals made for the purpose of setling or acquiring land. 13. Recreation Data (Private) Minn. Stat. §13.57. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn. Stat. §13.30. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney -client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. FAusers\LORI\Jerry\LE\data practices procedures.DOC 17 APPENDIX B RECORD OF ANNUAL REVIEW DATA PRACTICES PUBLIC DOCUMENT Under the Minnesota Government Data Practices Act, I as the Deputy Clerk for the City of Lake Elmo am required to annually review the City's public document to update the document and ensure its accuracy. The following records the date on which I have done so. DATE COMPLETED SIGNATURE THE (1(TY OF LNKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 10/2/2012 CONSENT ITEM #: 5 MOTION Consent Agenda AGENDA ITEM: Resolution 2012-50 Approving Tax Forfeited Parcels for Public Auction or Auction to Adjacent Owners SUBMITTED BY: Sandie Thone, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Director of Planning STAFF REPORT: As part of the Consent Agenda the City Council is requested to consider approval of Resolution 2012-50 Approving Tax -Forfeited Parcels for Public Auction or Auction to Adjacent Owners. Please find attached the letter received from Washington County on September 13, 2012 requesting the city's approval for the parcels located in the City of Lake Elmo described herein which have been forfeited to the State of Minnesota for non-payment of property taxes. The parcels have been classified as non -conservation land and include the following parcels: 1) Parcel ID: 34.029.21.11.0006., Lot A Stonegate 2nd Addition 2) Parcel ID: 36.029.21.33.0015; Section 36 Township 029 Range 021 PT of SW As required by MN Statute 282.01, the city is requested to either approve the parcels for public auction or auction to adjacent land owners or request a conveyance to the city for an authorized public use or public purpose. RECOMMENDATION: Staff recommends the City Council approve Resolution 201 2-50 Approving Tax -Forfeited Parcels fOr Public Auction or Auction to Adjacent Owners. This action requires a simple majority vote, CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-50 A RESOLUTION APPROVING TAX FORFEITED PARCELS FOR PUBLIC AUCTION OR AUCTION TO ADJACENT OWNERS WHEREAS, the parcels located in the City of Lake Elmo described herein have been forfeited to the State of Minnesota for non-payment of property taxes; and WHEREAS, the parcels have been classified as non -conservation land and include Parcel ID: 34.029.21,11.0006; Lot A Stonegate 2nd Addition and Parcel ID: 36.029.21.33.0015; Section 36 Township 029 Range 021 PT of SW 1/4; and WHEREAS, required by MN Statute 282.0], the city is requested to either approve the parcels for public auction or auction to adjacent land owners or request a conveyance to the city for an authorized public use or public purpose. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo approves the above mentioned parcels for sale. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: (Seal) Sandie Thone City Clerk Dean A. 'Johnston Mayor Resolution 2012-50 Property Records and Taxpayer Services Jennifermmmenme Director Steve Gra"sec Taxpayer Services Division Manager Lake Elmo City Hall City Clerk 38OOLaverne Ave. N Lake Elmo, K4m55V42 Re: Tax Forfeited Parcels Lake Elmo City Clerk: Enclosed is a classification listing of non -conservation land located in your city,The parcels described inthe listing forfeited tothe State of Minnesota for non-payment of property taxes. | will be requesting the County Board to classify the parcels as non -conservation at a September meeting. As required under M.S. 282,01, we request that the City review and either approve the parcel(s) for public auction or auction to adjacent owners or request a conveyance to your city for an authorized public use or public purpose. We request a letter listing the parcel(s) approved for sale or to withhold from sale. If requesting a conveyance, contact us for specifics onrequired forms and other information. Your request(s) will be contingent upon the Department of Natural Resources' approval of the classification and sale. Please keep in mind that the previous owner may still be allowed to repurchase their forfeited property at anytime during this period. Special assessments that were levied before the forfeiture do not need to be certified to this office. They were canceled at forfeiture and will be paid from the sale price, if adequate funds are available. if the sale price is not high enough tofully pay the unpaid taxes and special assessments, some orall ofthe special assessments levied prior to forfeiture may be reassessed by the city. Special assessments that are levied after the forfeiture should be certified to this office, They will beadded tothe appraised value and paid from the sale price. Please be advised that if the City Council fails to respond within sixty (60) days of the date of this letter, the classification and sale will be deemed on be approved by the city. If you have any questions, please feel free to contact me by calling 651-430-8272 or by email at steve.gransee@co. wash ington.mnus Sincerely / /'. Steve Gransee Taxpayer Services Division Manager Enc. Parcels Forfeited Listing Government Center ` 1494962nd Street North --RO, Bnx5. SNkwa$*, Minnesota 55082'0006 Phone: 651430'6175 ` Fax: 051-430'6178 ~ TTY, 651-430G240 www,00.wouhington.nnn,us Equal Employment Opporiunhy/Affirmative Action Parcels Forefe: ' to State of MN on July 20, 2012 'ParcelId 131-029 21.11-0006 36.029 2133.0016 Class 110 lies V tar-RI/010 110 Res V Land 13 Hstrt 13 Tax Yew iCurTagDescr 2006-2011 370' LAKE ELMO-834-VOWS 2008-2011 3707 LAKE El rs10 831 0PIA'S RreviousC)weer Name TRAIL HEAP LANE/ OEL' CORR ,IJILE PROF INC SitsisAthir Oescr 1019 sTour,Gro E 2130 ADO SerliaR 30, Townshlp 029 Rangr 021 PI OF SIN1/4 SUBMITTED BY: THROUGH: REVIEWED BY: THE CITY OF LAKE ELN MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION October 2, 2012 6 AGENDA ITEM: 2012 Seal Coat Project — Accept Improvements and Approve Pay Request No. 1 (Final) Ryan Stempski, Assistant City Engineer Dean A. Zuleger, City Administrator Jack Griffin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUMMARy AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 1 (Final) in the amount of $134,727.44 for the 2012 Seal Coat Project [$51,784.88 to be reimbursed by West Lakeland Township]. STAFF REPORT: The 2012 Seal Coat Project has been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage. The two-year warranty period will begin on October 2, 2012, and will extend to October 2, 2014. Final Payment in the amount of $134,727.44 has been requested by the Contractor, Allied Blacktop Company, based upon the work completed. The original construction contract was in the amount of S128,814.51. The additional $5,912.93 was due to an increase of 4,907 square yards of quantity on Lake Elmo streets as field measured and verified by the Project Engineer. Of the total $134,727.44 in construction cost, the City of Lake Elmo will be reimbursed $51,784.88 by West Lakeland Township (WLT) for the streets seal coated in West Lakeland under this contract. The City of Lake Elmo has been previously reimbursed $3,107.09 by WLT for engineering and administration fees. The final total project cost for the Lake Elmo Project was $91,943; $82,942.56 in construction and $9,000 for design and construction engineering services. This project came in roughly $6,733 over the Project budget due mostly to the added quantities paid as measured in the field vs. the planned quantities as measured from aerial photos. Construction engineering services also ran over budget by $500 due to numerous resident issues with construction questions. The Project budget remained within the overall City budfzet of $125,000 for 2012 Seal Coating. RECOMMENDATION: Staff is recommending that the City Council consider accepting improvements and approving Pay Request No. 1 (Final) for the 2012 Seal Coat Project, as part of the Consent Agenda. The recommended motion for this action is as follows: "Move to accept the improvements and approve Pay Request No. 1 (Final) in the amount of 5134,727.44, for the 2012 Seal Coat Project 11551,784.88 to be reimbursed by West Lakeland Township]." ATTACHMENTS: 1. Pay Request No. 1 (Final) 2. Certificate of Completion PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 1 (FINAL) 2012 SEAL COAT PROJECT PROJECT NO. 2012.118 PROJECTOWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, P.E., CITY ENGINEER No, CONTRACT CHANGE ORDER SUMMARY Approval Date 1 9/18/2012 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: Amount Additions Deductions $5.912.93 55,912.98 55,912.93 6/7/2012 8/17/2012 9/25/2012 50.00 ENGINEERING, inc. PERIOD OF ESTIMATE FROM 6/7/2012 TO 9/18/2012 CONTRACTOR: ALLIED BLACKTOP COMPANY 10503 89TH AVENUE NORTH MAPLE GROVE, MN 55369 ATTN: PETER CAPISTRANT, PRESIDENT PAY ESTIMATE SUMMARY 1, Original Contract Amount 2, Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 8. Previous Payments 9. Amount Due {6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. CONTRACTOP.'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by tne contractor for work for which previous payment estimates was issued and payments received frorr, the owner, and that current payment shown herein is now due. 110 ON SCHEDULE YES 0 7 FOCUS Enginee.ring, ENGWEER DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE FOCUS E EY BY DATE / NO 128,814.51 55,912.93 $134,727.44 $134,727.44 50.00 S134,727.44 50.00 S0.00 $134,727.44 ng, inz PROJECT PAYMENT FORM PAY ESTIMATE NO. 1 (FINAL) ENGINEERING, inc. 2012 SEAL COAT PROJECT CITY OF LAKE ELMO & WEST LAKELAND TWP, MINNESOTA FOCUS PROJECT NO, 2012.118 CONTRACT DATED JUNE 5, 2012 ITEM ES TIMA I ED ACT UAL UNIT 1 OTAL NO, DESCRIPTION QUANTITY QUANTITY UNIT PRICE AMOUNT CITY OF LAKE ELMO 1 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 63,925 68,832 SY 1.205 $ 82,942.5G CITY OF WEST LAKELAND 2 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 42,975 42,975 SY L205 $ 51,784.88 TOTAL 134,727.44 CITY OF LAKE EIA10..VIN 2012 SEAL COAT PROJECT PROJECT O. 2012.11S CERTIFICATE OF COMPLETION DATE OF ISSUANCE: October 2. 2012 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: ALLIED BLACKTOP COMPANY PROJECT NAME: 2012 SEAL COAT PROJECT PROJECT NO.: 2012.118 This Certification of Completion applies to all work under the Contract Documents 7 This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated June 5. 2012. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: October 2, 2012 Ryan W. Stempski Reg. No. 45395 ( FOCUS Eineerina. s:-17`` THE WARRANTY PERIOD BEGINS October 2. 2012 AND ENDS October 2. 2014 THE CITY OF kKE FLI\ 0 MAYOR AND COUNCIL COMMUNICATION DATE: October 2, 20] 2 CONSENT ITEM #: 7 MOTION AGENDA ITEM: 194 East Corridor Gravity Sewer — Authorize Engineering Services to prepare revised Easement Exhibit SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zule er, City Administrator REVIEWED BY: Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Engineering Services by TKDA to prepare a revised Easement Exhibit for the Trunk Gravity Sanitary Sewer line in the 194 East Corridor. Services would be provided in accordance with the TKDA Proposal dated September 12, 2012 for an estimated amount of $2,800. STAFF REPORT: The City Engineer is recommending that the City retain Professional Engineering Services to complete a revised Easement Exhibit for the potential alternative gravity sewer route in the 194 East Corridor (Lake Elmo Avenue to Manning Avenue) for the purpose of easement negotiations. The City has previously completed engineering design work to potentially install trunk gravity sewer pipe in the area located south of loth Street and through properties near or adjacent to Lake Elmo Avenue when the City proceeds with the Village Lift Station and Forcemain project. However utility easements remain to be negotiated and acquired to accommodate the gravity pipe. Easement Exhibits exist for the initiai sewer route previously designed, however alternative routing and design may be required to implement the project. It is therefore recommended that staff proceed with obtaining a revised Easement Exhibit representative of the alternative routing to increase the City's neaotiatinu, capabilities. RECOMMENDATION:_ Staff is recommending approval of the requested engineering services as part of the Consent Agenda. The recommended motion for this action is as follows: "Move to approve Engineering Services by TKDA to prepare a revised Easement Exhibit for the Trunh Gravity Sanitary Sewer line in the 194 East Corridor in accordance with the TKDA Proposal dated September 12, 2012 for an estimated amount of S2,800." ATTACHMENTS: 1. 194 East Corridor Sewer Plan Exhibit - Option B 2. TKDA Proposal for Engineering Services, dated September 12, 2012. Segment d3 Village Lift Station and Forcemain Segment *el Lake Elmo Ave Trunk Watermain $2.6 Million egment Alternative Trunk Weft Gravity ewer to Lake Elmo Ave SeFment5 Uft Station Wett of Lake Elmo Ave S225,000 Sewer and Water Utility Expansions: Eastern 1-94 Corridor (Option B) City of Lake Elmo Data Source: Washington County, MN Legend Lift Station Existing Watermain Existing Sewer Well #1 Proposed Gravity Sewer Proposed Forcemain Sewer Future Gravity Sewer Proposed Watermain 0 750 1,500 3.000 Fee; 1 444 Cedar Stru^Suite 1um Sm"IpovLwwsom se.z9a:ovo ^kov.cvm September 12'2012 Via Email Only: 'ack.grUfn@foouaangineerng)nc.cocn Mr. Jack Griffin, PE City Engineer City ofLake Elmo 38OOLaverne Avenue North Lake Elmo, Minnesota 55042 Re: Proposal for Engineering Services Lake Elmo Avenue Infrastructure Improvements, /-94 to 30th Street Project Easement Exhibit Dear Mr. Griffin: Pursuant to communications with you, we propose to provide Engineering Services in connection with the Lake Elmo Avenue Infrastructure improvements, 1-94 to 30th Street Project, hereinafter called the Project, Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our General Agreement dated Febnuary2. 1988, i PROJECT DESCRIPTION The Lake Elmo Avenue Infrastructure Project consiatsnftheinstaUmdonnfaSonitarysexve[|t at8bVn and forcennain/ongvhv system to convey wastewater flow from Reid Park located on 50Vh Street tothe MCEG connection located on Hudson Boulevard, The City has requested Engineering Services torevise the current set ofconstruction documents for the purpose ofre- bidding the Project. The revised documents will replace the current alternate bid with a new/ alignment for the gravity connection south of1Oth Street, approximately 4.5UOfeet in length, This Proposal isfor Engineering Services boprovide a revised easement exhibit for the new alternative gravity sewer alignment south of 1 Oth Street, |i SERVICES TO BE PROVIDED BYTKD4 Based onTKDA'8understanding ofthe Project, vvepropnsetoprovidehlefo||ovvngsen/imss: A. Determine the trench width. B. Determine permanent easement and temporary easement for the identified alignment based onexisting contour information. Mr, Jack Griffin, PE City of Lake Elmo Proposal for Engineering Services - Easement Exhibit Lake Elmo Avenue Infrastructure Improvements, 1'94tO 30th Street Project September 12.2O12 Page C. Prepare aDexhibit with anaerial photograph background that identifies pertinent information suitable for preliminary discussions with the property owners, D. Revise the exhibit based on input received for no more than two variations of the alignment. Ui ADDITIONAL SERVICES Ifauthorized inwriting by the City, wmwill furnish orobtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall boover and above any maximum amounts set forth inthis Proposal, A� Meet with the City and/or property owners n[other site visits. B� Survey the alignment tomore accurately identify impacts. C. Stake proposed alignments. D� Review alignments inaddition tothose noted inSECTION ||. )V� CLIENT'S F7E8P[)NG|B)L|T|EG These responsibilities shall Ue asset forth inour Agreement and as further described or clarified hereinbe�w.- k Designate one individual to art as a representative with respect to the work to be performed, and such person shall have complete authority totransmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal, B� Provide TKDA with access to the site as required to perform services listed in SECTION // above. C� Provide parameters sufficient to identify the initial alignment, D. Provide parameters sufficient tnidentify the additional alignments. E� Provide nsvievva ofmaterials furnished byTKDA in a reasonable and prompt manner so that the Project schedu|ecenbenneintained. V, PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and 0rcomplete SECTION || services for each alignment within two weeks of receiving sufficient alignment pe,anneters. Mr, Jack Griffin, PE City nfLake Elmo Proposal for Engineering Services - Easement Exhibit Lake Elmo Avenue Infrastructure Improvements, 1-94t0 50th Street Project September 12.2O12 Page N� COMPENSATION Compensation to TKDA for services provided as described inSECTION Uof this Proposal shall be on anHourly Time and Materials basis inthe estimated amount of$2.8OO. The level ofeffort required toaccomplish SECTION || services can be affected byfactors which are beyond our control. Therefore, /fhappears ot any time that charges for services rendered under SECTION 11 will exceed the above, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VU. CONTRACTUALINTENT. We thank you for the hYhus�m�tN�Pmp�a|��da�wNU th�����rand � attachments constitute acontract between usupon its signature ^ bv anauthorized official Vfthe City C� Lake Elmo and the return of signed original to us. This Proposal will be open for ' or oy�.un acceptance f 3O d |eaa the provisions herein are changed by us in writing prior to that Gincenak/. � <7 Ronald S.C)uonbeck.PE Project Manager RSQiW9ED:adh ATTACHMENT: PROJECT FEE ESTIMATE � William E.Oebner,PE CEO ACCEPTED FOR THE CITY OF LAKE ELK8D, K8|NNEGOT8 By: CLIENT'S DESIGNATED REPRESENTATIVE: PhntegName/Title Date Phone Email Project Fee Estimate aeoLae Elmo a s Easement Exhibit Date : 9/12/2012 D 12IPrject Lk Elmo Ave Infrastructure Project, 1-94 to 30th Street By: SQ Task A Determine Trench Width B Determine Easement Requirements Task Description C Prepare Exhibit D Revise Exhibit with no more than 2 Alignment Determine Trench Width Revised Alignments (2) Determine Easement Requirements Revised Alignments (2) Prepare Exhibit Revised Alignments (2) TOTAL HOURS.. . TOTAL LABOR CO ST ST EAGE TOTAL COST ROU TOTAL (ROUNDED) UNDED„ Est. Person Hours Sr Reg Eng Reg Eng Totals ng RatelHr x Multiplier 143 { S 81. 4 4 5 6 5 0: 2,790 2,800 j THE CITY ()I-: 1-<-.E EL. MO MAYOR AND COUNCIL COMMUN CATION DATE: 10/02/2012 CONSENT ITEM #: 8 MOTION Consent Agenda Resolution 2012-51 AGENDA ITEM: Authorize Certification to Washington County Auditor for the Unpaid Surface Water Utility Bills SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Adam Bell, Deputy Clerk SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is respectfully asked to approve the certification of the delinquent Surface Water Utility Bills to Washington County Auditor. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. 'ACKGROUND INFORMATION: The City of Lake Elmo has authority by Minnesota State statute 444.075, subd.3 to assess property owners for unpaid surface water utilities and services. Affected homeowners with past due balances were sent notification of the proposed assessment. Homeowners have until October 12, 2012 to pay the balance due without additional fees. STAFF REPORT: The City operated the water, sewer, and surface water under its Enterprise funds. Enterprise funds account for specific City operations that are financed and operated similar to a private business. Generally, the services are provided to identifiable beneficiaries, as well as the general public, and all or most of the costs come from user's fees. The user fees collected are utilized to operate the City's respective water, sewer, and surface water systems. Assessing the property owners listed on Exhibit A (attached) for unpaid services will assure collection of charged fees. The deadline to certify the unpaid surface water utility to Washington County is October 15, 2012. RECOMMENDATION: It is recommended the City Council authorize the certification of the delinquent surface water accounts to the Washington County Auditor. 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. TTACHMENTS: 1. Resolution 2012-51 2. Exhibit A CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-51 RESOLUTION AUTHORIZING CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR UNPAID SURFACE WATER UTILITY BILLS WHEREAS, Minn. Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to he extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF OCTOBER, 2012. By: (Seal) Sandie Thone, City Clerk Dean A. Johnston Mayor Resolution 2012-51 CITY OF LAKE ELMO SW Assessments /her 15. 2(712 Account 05-00000240-00-1 05-00000250-00-4 05-00000260-00-7 05-00000300-00-6 (15-00000320-00-2 05-00000340-00-8 05-00000350-00-1 05-0(10(1(1370-0(1-7 05-00000380-00-0 05-00000400-00-3 05-00000410-00-6 05-00000420-00-9 05-00000530-00-9 05-00000540-00-2 05-00000840-00-3 1000950-00-3 05-00001090-00-1 05-00001390-00-2 05-00001510-00-2 05-00001520-00-5 05-00001530-00-8 05-00001650-00-1 05-0000172(1-00-9 05-00001730-00-2 05-00001740-00-5 05-00001750-00-8 05-00002190-00-7 05-00002400-00-1 05-000(2460-00-9 05-00002560-00-6 05-00002590-00-5 (15-00(102880-00-3 05-00003120-00-5 05-00003310-00-6 05-0000351(1-00-0 003530-00-6 05-00(103550-00-2 05-00003710-00-4 05-00004100-00-8 Past Due Amount Fee Total PIN 142,73 25.00 18,13 25.00 2.41 69.08 41.02 28.21 63.05 1,038.91 268,90 69.04 294.29 637.92 38.6(1 24.88 41.74 170.25 5.86 154.00 50.00 50.00 50.00 12.68 50.00 26.55 50.00 50.00 55.00 55.00 55.00 50.00 55.00 55.00 55.00 55.00 55.00 50.00 55.00 55.00 55.00 25.00 25.00 25.00 25.00 25.00 83.11 25.0(1 25,00 25.0(1 51.03 25.00 25.00 25.00 25,00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25,00 25.00 25.00 25,00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 167.73 302921220(102 43.13 302921220005 27.41 302921230002 94.08 402921130002 66.02 402921140005 53.21 4(12921410002 88,05 402921410(103 1.122,02 1002921120002 293.90 1002921130002 94.04 1002921240031 319.29 ]002921310001 688.95 1002921420001 63.60 1102921410003 49.88 1102921410004 66.74 1402921310002 195.25 1502921410001 30.86 2602921330004 179.00 3602921420001 75.00 102921130003 75.00 102921140002 75.00 102921140003 37,68 1002921440007 75.00 1202921410002 51.55 1202921410024 75.00 1202921420008 75.00 I 202921420011 S0.00 102921340002 80,00 202921110012 80.00 202921230001 75.0(1 202921410009 80.00 202921410(112 80.00 30292)12(1003 80.00 302921210004 80.00 302921310009 80.00 302921320(118 75.00 30292132(1020 80.00 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3502921220001 44,785.29 THE (-Try ()-7 AGENDA ITEM: SUBMITTED BY: THROUGH: MAYOR AND COUNCIL COMMUNICATION DATE: 10/02/2012 CONSENT ITEM #: 9 MOTION Consent Agenda Approve Resolution of JPA with the City of Hugo Rick Chase, Building Official Dean A. Zuleger, City Administrator REVIEWED BY: Sandie Thone, City Clerk SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda City Council is respectfully requested to approve Resolution 2012-48 for the City of Lake Elmo to enter in a joint powers agreement with the City of Hugo for administration of the State Building Code as needed. STAFF REPORT: With the hiring of the Rick Chase as the cities Building Official, there are times due to schedule, that additional inspection services are required. The city will be joining a pool of certified Building officials to provide for coverage as needed. In addition please find the attached proposed Joint Powers Agreement between the City of Lake Elmo and the City of Hugo outlining the services and fees for the administration of the State Building Code. RECOMMENDATION: Staff reC0171172C72dS that the City Council approve Resolution 2012-48 a Joint Powers Agreement between the City of Hugo and the City of Lake Elmo to provide mutual assistance and cooperation in providing building inspection services, in the event the building official is unavailable. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-48 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR BUILDING SERVICES BETWEEN THE CITY OF HUGO AND THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo and the City of Hugo employ building officials on staff but encounter periods when the official/inspector cannot perform the daily duties of the position, and; WHEREAS, the above referenced participating cities agree to enter into a Joint Powers Agreement pursuant to the authority granted under Minnesota Statues section 471.59 to enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow participating cities to utilize inspectors from that pool to perform building inspections as needed. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo has approved entering into a Joint Powers Agreement for Building Services administered by tbe City of Hugo. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND DAY OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: ATTEST: Sandie Thone City Clerk Dean A. Johnston Mayor Resolution 2012-44 JOINT POWERS AGREEMENT ESTABLISHING SHARING OF BUILDING INSPECTION SERVICES THIS JOINT POWERS AGREEMENT ("Agreement"), is made and entered into as of the day of , 2012, by and between the City of Hugo, a municipal corporation and . a WITNESSETH: WHEREAS, the above -referenced Cities ("participating City") desire to provide mutual assistance and cooperation in furnishing building inspection services. WHEREAS, the above referenced participating cities desire to enter into a joint powers agreement pursuant to the authority granted under Minnesota Statutes sections 471.59 to enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow the participating cities and other cities to utilize inspectors from that pool to perform building inspections when and as needed. NOW THEREFORE, in consideration of the mutual terms, covenants, warranties and conditions set forth, the Parties hereto. intending to be legally bound hereby, mutualIV agree as follows: ARTICLE I A. Each participating city shall at all times have an appointed Building Official registered by the State of Minnesota. Each City's designated Building Official may ehoose to provide certified building inspectons). licensed by the State of Minnesota as "Building Official" or "Building Official Limited." for participation in rendering building inspection services and may withdraw any names previously supplied. The participating Building Inspectors will be included in a pool of available building inspectors to he drawn upon by any other participating city choosing to utilize those services according to the then cun-ent term sheet attached as Exhibit A hereto: and; B. Participating Building Inspectors shall conduct only those inspections for which they are licensed and qualified. and: The City of Hugo shall maintain the names. phone numbers, email addresses and Minnesota License Information. of the current pool of building inspectors available to perform building inspection services and shall provide the list to all participating cities upon request or when inspector names are added or deleted, and: D. Participating building inspectors shall only perform building: inspection services and shall not conduct plan reviews, collect fees or issue permits, and: E. The City of Hugo shall not be responsible for administering or securing payment between participating cities. Payment shall he made according to the term sheet attached as Exhibit A. and; F. The City of Hugo will provide a method for participating Building Officials to communicate their inspection needs. Upon receiving a request for building inspection services from a participating city, the City of Hugo will make that request available to other participating cities. Arrangements for inspection services may occur between participating cities without involvement from the City of Hugo. G. inspectors that are provided to the pool from any City shall take direction from the Building Official within the City that the inspection occurs. The inspector shall provide the required documentation ofthe inspection along with any correction notices. ARTICLE Il Liability. For the purposes of the Minnesota Municipal Tort Liability Act, (Minnesota Statutes, Chapter 466). a building inspector providing services under this Agreement shall be deemed to be an employee of the party for which the services are being performed. The party performing the building inspection services agrees to defend and indemnify the party providing the building inspector against any claims brought or actions filed against the party providing the building inspector for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of any services pursuant to this Agreement. Under no circumstances, however, shall a party he required to pay on behalf of itself and the other party. any amounts in excess of the limits on liability established in Minnesota Statutes. Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for any party. The intent of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants. and to permit liability claims against multiple defendants from a single occurrence to he defended by a single attorney. Nothing herein shall be construed to provide insurance coverage or indemnification to an employee of any party for any act or omission for which the employee is guilty of malfea.sance in office, willful neglect of duty. or bad faith. Hold Harmless. Each, party agrees that it shall indemnify and save harmless, protect- and defend the other party, its employees and agents from any or all liability, suits or demands, including the legal defense thereof, for bodily injuries. including death, or property, damages, including loss of° use arising out of any activity by itself or its employees and agents under this Agreement. Workers' Compensation. Each party shall he responsible for injuries or death of its own personnel. Each party will maintain workerscompensation insurance or self-insurance coverage, covering its own personnel while they are providing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers' compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other party or its officers, employees, or agents. ARTICLE III Authority. Binding Effeet. Both parties represent and warrant that the individuals executing this Agreement on behalf of eaCh of the parties have the full power and authority to execute and perform this Agreement. and this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms. ARTICLE IV Successors. All terms, covenants. and conditions of this Agreement shall be binding upon. and insure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. This Agreement and the rights and obligations of any party hereunder shall not be assignable except with the written consent of the other party hereto, which consent shall not be unreasonably withheld. Severability. This AUTeement is intended to he performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. lf any provision of this Agreement. or the application thereof to any person or circumstance, shall, for any reasons and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not he affected thereby but rather shal] be enforced to the extent permitted bv Termination. Any party may terminate its participation in this agreement at any time upon written notice provided however that the provisions of Articles 11, 111. and IV shall survive termination to the fall extent needed for the protection of all parties. Waivers and Amendments. This Agreement may he amended or superseded, and its terms or covenants hereof may he waived, only by a written instrument executed by the parties hereto or in the case of a waiver. by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shal] in no manner affect its right at a later timeto enforce the same. No waiver by a party of the breach of any tern or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise. in anyone or more instances, shall be deemed to he, or construed as, a further or continuing waiver of anv breach. or a waiver of the breach of any other term or covenant contained herein. Updates to the term sheet attached as Exhibit "A- may he made annually by. the City of Hugo with general consensus among participating cities to ensure proper management and coordination of the. pool. Force Majeure. Neither party shall he held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control, including but not limited to: severe weather and storms, earthquake or other natural occurrences. strike and other labor unrest. power failures, electrical power surges or current fluctuations. nuclear or other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. Entire Agreement. It is understood and agreed that this entire Agreement contains, supersedes and replaces any and all agreements and negotiations, whether oral or written, between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below: THE CITY OF HUGO BY: Bryan Bear, City Administrator DATE: BY: Fran Miron. Mayor DATE: IINSERT PARTY1 BY: DATE: BY: DATE: 4 BUILDING INSPECTOR SERVICES TERM SHEET July 20, 2012 The City of Hugo will establish an e-mail list including 1 participating. Building Officials. Any member of the pool may request inspection services from other members of the pool at any time via the e-mail list, or by other means. The request for inspection services should include the time, date, and nature of the inspection(s). 3. Each participating Building Official should evaluate their workload before offering an Dec-Jur to provide the service. Any inspector that is provided is expected to perform the inspection according to the directions provided by the receiving City's Building Official. and shall arrive on time for the scheduled inspections. 4. Fees in the amount of $43.00 per hour and mileage at the rate of $0.555/mile, shall be payable to the providing city within 30 days of receipt of an invoice for the inspection services. The hourly rate is the average metro rate for a building inspector deterniined by the League of MN Cities annual survey multiplied by a factor of 1.4, then rounded to the nearest whole dollar. The mileage rate is that which is allowed in the most recent IRS determination, Participating cities may at their option, exchange services in lieu of paying the rates stated. 5. The building inspector shall on]y perform building s ection services and shall not conduct plan reviews, collect fees or issue pennits. The Building Inspector shall provide to the receiving Building Official a copy of the proper inspection report with any correction notices. 6, The requesting City shall ensure that the building inspector has access to the improvements to be inspected to eliminate the need for multiple trips. In addition, the inspector shall have proper instructions from the Building Official and access to files and other important information that is needed for the inspection. The building inspector shall not he called upon to resolve disputes between the requesting city and the property owner or to render opinions reasonably judged by the inspector to be outside his area of expertise 7. The building inspector shall be entitled to decline any inspection which in his reasonable judgment may jeopardize human life, safety or welfare. The building inspector will coordinate with requesting city personnel as reasonably requested. 8. If the building inspector is required to offer testimony in connection with any work done or observations made, then the requesting city shall compensate the building inspector at then current rates. 9. 'The building inspector shall always conduct himself in a professional manner in any participating City, and shall he polite and respectful of contractors, residents, and their properties. C.;11'1' (.)1=' LAKE EL,1\40 MAYOR AND COUNCIL COMMUNICATION DATE: 9/26/2012 CONSENT ITEM #: 10 — SFiscal Impact MOTION AGENDA ITEM: Demontreville Park Player Benches & Fence SUBMITTED BY: Michael Bouthilet THROUGH: Dean Zuleger REVIEWED BY: Cathy Bendel/Parks Commission SUMMARY AND ACTION REOUESTED: Colin Fischer, an Eagle Scout Candidate, proposed an improvement project to the Lake Elmo Parks Commission. His project proposal is to re-establish the infield surface standard dimensions, add bases, player benches, and foul line fencing for the safety/protection of players on the bench. BACKGROUND INFORMATION: The current infield has been encroached by grass and could use re -definition. The player benches are older wood models that could use an upgrade. Our current practice is when we improve the benches; we also fence the area between the bench and the field to protect players seated from foul or errant balls. STAFF REPORT: Colin Fischer's project details, has his volunteers sod cutting, digging out a defined infield, installing the player benches, bases, and posts for the fencing. The Public Works Department will add and grade new infield material (park maintenance budget) and string the fence. The Parks Commission approved a CIP funding for the benches and the fences. Three quotes were obtained for the 15 foot aluminum benches with back rests as follows: • Tomark Sports ....................S1.015.85 (tax & shipping incl.) Playgrounds............$1,199.00 (tax & shipping incl.) • Miracle Recreation..... ...... (tax & shipping incl.) Two quotes were obtained for 2ea.30 foot sections of green vinyl coated sections of fence as follows: • Midwest Fence..................S1.196.00 • Sterling Fence ....................$1,892.00 RECOMMENDATION: To purchase the player benches from Tomark for $1,015.85 and fencin $1,196.00 ATTACHMENTS Tomark quote. Midwest Fence quote. 0 Midwest Fence for .11,11Y.10 w 41,u LdIhUis.1. Au..., ibla.,44,1,Whi. P.a Box 1088, Corona, CA 92878 TEL: 1 800 959 1844 FAX: 1 800 986 6275 Come Visit us at www,tomark.com Customer #2024273 Sold To:LAKE ELMO PARK DEPT 3800 LAVERNE AVE N LAKE ELMO MN 55042 Item Number Item Description K10722 15Surface Mount Bench w/Back Quotation Repeat Printout Document Number 20459888 P.O. Number : Bench w/back Doc. Creation Date: 09/11/2012 Customer Number: 2024273 Sales Rep : Allison Bickel Ordered by : Mike Bouthilet Ship To: Lake Elmo Public Works 3445 Ideal Ave North LAKE ELMO MN 55042 Delivery DTP) 08/18/2012 BEPH15 Payer: LAKE ELMO PARK DEPT 3800 LAVERNE AVE N LAKE ELMO MN 55042 SKU Color/ Team/ Size Qty/ UOM 2EA Unit Price itleemix A9011.0110* Extended Price 387.75 775.50 Check your quote at www.tomark.com/?&ProgramID=20459888&zip=55042 Merchandise Other Freight. Sales Tax Payment/Credit 1 Total Order Amount Sub Total Applied 1 $ 775.50 , 0.00 175,00 $ 65.35 $ 0.00 $ 1,015.85 Page 1 of 1 ESTI ATE / ORDER ' • 525 E. Villaume Ave. So. St. Paul, MN 55075 Phone: 651 -451-2222 Fax: 651-451.6939 Company: Lake Elmo Public Works Bill To: Address: 3800 Laverne Avenue North Address: City: Lake Elmo State: MN Zip:55042 City: Contact Mike Job Site Address: Gopher state (1) Call ID #464 Nearest Intersecting Street Hudson Page # Township 1 Ticket # Hudson Grid # County Date: 9/12/2012 Job No: State: Zip: Estimator David Reiss P.O. Work Phone 651-248-7828 Fax #: Other Phone Quantity Description Terms Down Payment Progress Payment Bal on Completion }60 linear feet of 6high galvanized chain link fence. Fence fabric 9 gauge galvanized. Top rail 1-5/8" 0.D. SS30. Line posts 2-1/2" 0.1), SS30 Terminal posts 3" O.D. SS30 All fittings, ties. nuts, and bolts included. 60 linear feet of 6' high vinyl coated chain link fence. All specifications same as above. Customer Pick Up at Midwest Fence. Material Only S974.110 Material Only S1,196.00 A Service charge of 1.5% (18% annual y) will be applied on all oast due balances. The purchaser shall be responsible for any and all collection and legal costs incurred by Midwest Commercial Fence in the event of this bill becomming past due. Midwest Fence reserves the right to ken the improved property if payment in full as agreed to in this contract is not received. MATERIALS AND INSTALLATION S THIS ESTIMATE VAUD FOR 30 TAX DAYS FROM ABOVE DATE TOTAL S Amount Owner responsible for establishing correct property and fence lines. Any permits required shall be the sole responsibility of the owner. Owner responsible for removal of obstructions of every nature which will interfere with the installation of the fence. This contract assumes normal ground conditions. Should rocky or excessive hard digging be encountered, owner agrees to pay additional costs of such work, Midwest Fence shall fumish only the materials and labor specified in this contract. Any changes made from the above specifications will be billed at Midwest Fence's current retail prices, 'THIS CONTRACT SUBJECT TO ACCEPTANCE BY MIDWEST FENCE'S CREDIT MANAGER. I accept this contract on behalf of Midwest Commercial Fence Customer Signature Date Credit Manager Date Salesperson Signature www. midwestience.com Date THE. CITY OF \KE ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION, DATE: October 2, 2012 IMPROVEMENT HEARING ITEM #: 11 RESOLUTIONS Keats Avenue North: MSA Street and Trunk Watermain Improvements — Public Improvement Hearing; Resolution No. 2012-42 Ordering Improvement and the Preparation of Plans and Specifications Jack Griffin, City Engineer Dean A. Zuleger, City Administrator Ryan Stempski, Assistant City Engineer Sandie Thone, City Clerk Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The city council is respectfully- requested to open the Public Improvement Hearing for the Keats Avenue North: MSA Street and Trunk Watermain Improvements; and following the hearing, consider adopting Resolution 2012-42 ordering, the improvement and the preparation of plans and specifications. BACKGROUND INFORMATION: The Public Improvement Hearing for this project was opened on March 6. 2012 and subsequently continued until August 21, 2012. Following the Hearing, a vote of the City Council resulted in a 3-1 vote in favor of ordering the improvement and the preparation of plans and specifications. However, a 415ths majority vote of all council members is required to order the improvement. Therefore, the project has been scheduled and noticed to be Re -Heard on October 2 when it is anticipated that the full council will be in attendance. STAFF REPORT: Pursuant to Minnesota Statutes, Sections 429.011 to 429.111_ a Public Improvement Hearing was noticed for October 2, 2012, to consider making the following improvements: • Street Reconstruction of Keats Avenue North, from 47th Street N. to Trunk Highway 36. • Install 16-inch diameter Trunk Watermain from Julep Avenue (Tapestry Development) along 47th Street, then north along Keats Avenue to 59th Street (Rock Point Church). The attached notice was published in the official newspaper and individual notifications were sent to each address that potentially will be impacted by these improvements. An Amended Feasibility Report for the Keats Avenue North: MSA Street and Trunk Watermain Improvements. dated August, 2012, was approved by the City Council on August 21, 201.2. The improvements include: The street reconstruction of Keats Avenue North as an Urban Section Road meeting state aid standards at 32 feet from back of curb to back of curb with concrete curb and gutter. The Estimated Total Project Cost is $1,297,000. The installation of a 16-inch Trunk Waterman] pipe connecting the existing waterinain lines in the Tapestry development and Rock Point Church. The Estimated Total Project Cost is $1,028,000. The detailed findings of the report, project cost details, and associated assessment impacts are included in the Feasibility Report and will be presented at the meeting. This Report is available for review at City Hall. FUNDING: Should the improvements be ordered, the project will be partially financed through special assessments. The Lake Elmo City Council adopted an assessment policy, dated November 16, 2010. The proposed assessments in the Report are consistent with this assessment policy. The project can be funded using special assessments as well as lateral benefit charges, Municipal State Aid Funds, DEED Water System Grant Funds, and Water Enterprise Funds. For the Street Improvements of Keats Avenue North, the project can he primarily funded using the city's municipal state aid construction funds. In addition, there are 22 properties that are proposed to he specially assessed with an estimated unit assessment amount of $3,400. The City cost share for use of state aid funds is therefore $1,222,200. The trunk watermain improvement project is being installed as a part of the community wide integrated water system. Therefore, the watermain extension project will be primarily funded using the City's $1.0 million DEED water system grant with matching funds from the city's Water Enterprise Fund. These funds must be expended prior to December 31, 2014. Similar to a collector street improvement project, a local benefit will be realized by the properties adjacent to the trunk watermain line. It is recommended that the city consider assessing a water lateral benefit charge in the amount of $5.800 to those 22 properties. RECOMMENDATION,: Staff is recommending that the City Council approve Resolution 2012-42, thereby ordering the improvement and the preparation of plans and specifications. Ordering, a.429 Public improvement project without a resident petition reauires a super majority 4/5 vote. The suggested motion is as follows: "Move to approve Resolution No. 2012-42, ordering the Improvement and the preparation o the Plans and Specifications for the Keats Avenue North: MSA Street and Trunk Watermain Improvements." ATTACHMENTS: 1. Resolution 2012-42 2. Notice of Hearing and Preliminary Assessment Rolls . Keats Avenue North: MSA Street and Trunk Watemain Improvements Feasibility Report, as Amended (available for review at City Hall) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-42 A RESOLUTION 0 1 ERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE KEATS AVENUE NORTH: MSA STREET AND TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant a resolution of the City Council adopted the 8th day ofFebruary, 2012, the Council ordered a hearing on improvement for the Keats Avenue north: MSA Street and Trunk Watermain Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the second day of October, 2012, at which all persons desiring to be heard were given the opportunity to be heard thereon, WHEREAS, the feasibility report, as amended and dated August 2012 states that the project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report as amended. Such improvement is hereby ordered as proposed in the Council resolution adopted the second day of October, 2012. The City Engineer is hereby designated as the engineer for this improvement. The engineer shali oversee the preparation of the Plans and Specifications for the making of such improvement. 4. The City Engineer shall retain the services of a consulting engineering firm to assist, where needed. to prepare Plans and Specifications for the making of such improvement. and to assist the City Engineer during the construction phase of the improvement as requested. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED BY THE COUNCIL THIS SECOND DAY OF OCTOBER, 2012. CITY OF LA ELMO CITY COUNCIL (Seal) By: Sandie Thone, City Clerk Dean A. Johnston, Mayor Resolution No. 2012-42 CITY OF LAKE ELMU. &1N. KExTS AVE NOaTHYVATERMA|m IMPROVEMENTS AUGUGT.2O12 UPDATED PRELIMINARY ASSESSMENT ROLL NO. NAM[ ^ -----'--^ ~ ` l Z|ERYMAm5T[VENn&JDANK4 Z SLOmK0WSK|LEEANNyN 3 [ROCKEK6E0R5EVV&[YNTmKLFOU5UEF 4 SE55|NGD|AmEL 5 VU6ELVY|iUA,0]&[MEVYL 6 K14G|K/OSEP*Kx&N1AUR[FNKq 7 ~ DE6E6E0RGE3&RHE|N-DEGE&KATHLFEN4NNRHE|N'D[ 8 DEGE6F0NGE5&RME|N-DEGE&KATULBNANNRHEIN'DE 9 N1ENZR|CHARD/ lO DYER /AK4ESF ll MERmAN50N[oR|5nNEL 12 EGERSDORFR|[MARD) 13 8OETT[UEn]EFFREYx&WvR|SSA 14 E6GENPETER D&PAK4ELxu 15 IPAETHKEV|N&KAK| 16 NELSON [YNTU|A]ANE 17 MEYER nV8ERTF&M4m[ 18 S[HUDERTR0LF&KAR|NA 19 FDEnK4ELV|N]&]ANER ZO CARLSnN]0HNF&CARR|E[ Zl 5ULWWVLDG|i8ERTE&VIOLA TRS 22 5ULivVOLDG|LxERTE&VIOLA TR5 Z] KELCH)OY[EE 24 EDEeR|[HARDF&]4m[Tm 25 EDEVDELK4ARF&]OAN * METROPOLITAN AGRICULTURE PRESERVE PROGRAM 5761 KEATS AVE LAKEELK4O 55043 5415 KEAT3 AVE LAx[Eiw1O 55042 5093 KEATS AVE L^KEELK40 55042 5699 KEAT5 AVE LAKEELyNO 55042 5055 KEATS AVE L4KEEL[N0 55042 5275 KEATS AVE LAKE ELKXO 55042 5193 KEAr5 AVE U\KFELK4O 55042 5193 KEAT5 AVE L4KEELx4O 55042 5615 KEAT3 AVE LAKEEL,NO 55042 5435 KExTS AVE LAKFELM0 55042 5545 KEAJS AVE L4KFELK1O 55042 9960 57TH ST W\KEFLMO 55042 5630 KEAT5 AVE LAKEFLMQ 55042 5250 K[AT5 AVE LAKE[LK4O 55042 5010 KEAl5 AVE LxK[EL[N0 55042 5240 KEAT3 AVE U\K[ELyNO 55042 5220 KEATS AVE LAKE ELMO 55042 5222 KEATS AVE LAKE ELW1O 55042 4890 KEAJS AVE LAKE ELMO 55042 4950 KE8rS AVE L4KEELKxD 55042 10190 47TH 5T LuKEELK1O 55042 4855 KEATS AVE LAKEEUNO 55042 9825 47TH ST LAKEEUM0 55042 4515 ]UBp AVE LAKEELK8O 55042 PAGE I of I P|D UNITS _ 0202921220001 0202921310003 0202921530003 0202921230003 0202921330002 0202921310005 0202921330001 02029213I0001 0202921230001 0202921320002 0202921730005 0302921140002 0302921140008 0302921410002 0307921440017 0302921410003 030292I440004 0302921440003 1002921110005 1002921110004 1102821210001 1I82931220002 II02921220001 1002921140004 1002921140007 TOTAL 5,800.00 5/80O.00 5,800.00 S'Q0D,OV 5,800,00 5'80U00 5,8O0OU 5,800.00 5'80O,O0 5'80O8O 5,800.00 5'8O0.QV 5'gOV.00 5'8OV00 5'8U0m 5'8O0.00 5,8OO�O0 5,800,00 5,800,00 5,800.00 5'8O0,O0 5,800.00 _ 27.6O0�U0 CITY OFLAKE EUNO.MN, KEATS AVE NORTH mS STREET IMPROVEMENTS DCTOBER.2O12 UPDATED PRELIMINARY ASSESSMENT ROLL NO. 2 ] « s 6 7 o 9 0 ll lZ 1] 14 15 10 17 lg 19 20 Zl ZZ 25 _ NAME ---------'---n�T�----- ---------- Z\Ex--Tw^a5TEVEN R�|�xNKH SLOmlKOYVlK|LFFAmwKx [n0Cn[KGFOxGEvV&CYNTH|ALFOUSHEE SF8|mG o|4NEL V0GELm/|LUAym]&C*sRYL xxxG|iL]OSEPHK4&wlxVR[FNM ~ DEGEGEORGFS &nH8N-DFGE&kATHLFENANN8ME|m'D[ oFGcGconGFs&KUs|n'ocGc&xxTMLE[NxNmnn[|m-Dp [NFNZR|[HAR0J DYER ]AME5F HEn^xxNsVN[Hn|5T/mEL EG[R5DOnpR|[HAnD) oOErT[H[n][FmFY4&KAn|S5o EGGEN PETER D& P4wlELAx Sp4FTnKEV|mQn4N NELSON CYNTH|A]ANF MEYER RUBEnTF&mAR|[ SCxUo[nTKnLF&KAR|0x [nEnxxpLv|m/&]AmER [ARiSVw]0HNF&[ARR|[E * SUL0Y0iD6|LBFKTF&VIOLA TuS 5uum/DLoG|LapnT[&VIOLA TRS � * METROPOLITAN AGRICULTURE PRESERVE PROGRAM ADDRESS 5761 K[xTS AVE LxKFELmO 5415 KE4T5 AVE LAKE EUmO 5093 KF4TS AVE LAK[[Lwl0 5699 xEArS AVE LuxEELxx0 5055 KEATS AVE L^KE[Lw10 5275 KE4TS AVE LAKE ELwlO 5193 K[4TS AVE LAKEFLmO 5193 K[4TS AVE LAxcEixxO 5015 KEATS AVE LAKEELK4O 5435 KEATS AVE u\KEEirwO 5545 KpxrS AVE LxKE[LxxV 9960 57rH ST L4KEELKxO 5030 K[xTS AVE LAKEELK4O 5250 KExTS AVE LxKE[LrNO 5010 KFATS AVE U\KEsLyNO 5240 K[ATS AVE L4KE[LKxO 5220 KE^TS AVE LAKEELyNO 5222 KF^T6 AVE u\KEELmO 4890 xE4TS AVE W\K,ELwlO 4950 KEATS AVE LAKE ELK1O 10190 47TH 5T LAK[ELKxO P|D AMOUNT 3,40000 55042 0202921310003 55047 0202921330003 55042 0202921230005 55042 0702921]]0002 55042 8202921310005 55047 020292133000I 55042 0202921310001 55042 0202921290001 55042 0202921320002 55042 0202921230005 55042 0302921140002 55042 0302921140008 55042 030292143,0002 55042 0502921140017 55042 0302921410003 55042 0302921440004 55042 0302921440003 55042 1002921110005 55042 10029211100V4 55042 1I0292I210001 1102921220002 55042 1102921220001 TOTAL 5,400.00 3,400,00 ]'4Oo.D0 ]'u0OVU 6'8VU,00 3, 4OV.[m 3,400.00 3'«OV�O0 y'voV.VO 3'40V.O0 3'4n0�UV 3'40O.00 3,400.00 3,48O.D0 3,400,00 J'4QO00 3,400.00 ],VDO.O0 3,400,00 3,400.00 74,800.00 CITY OF LAKE ELMO NOTICE OF RE -HEARING KEATS AVENUE NORTH: MSA STREET AND TRUNK WATERMAIN IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, October 2, 2012, to re -hear and consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement will consist of the street reconstruction of Keats Avenue North, a Municipal State Aid route, from 47th Street North to Trunk Highway 36; and will concurrently include the construction of a Trunk Watermain connection from Julep Avenue North, easterly along 47th Street North, then north along Keats Avenue North to 59th Street North (Rock Point Church). The improvement will include the reconstruction of Keats Avenue North with the placement of a new bituminous surface in the current approximate location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain direct driveway access to their property from the above referenced streets. The estimated total cost of the street improvements is $1,297,000 and the estimated total cost of the trunk watermain improvements is $1,028.000. A reasonable estimate of the impact of the assessment will he available at the hearing. Such persons as desire to he heard with reference to the proposed improvements will be heard at this meeting. DATED: September 14, 2012 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston, Mayor (Published in the Oakdale -Lake Elmo Review on September 19, 2012 and S'emember 26, 2012) THE CITY OE KE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION Zoning Text Amendment — Shoreland Standards Nick M. Johnson, City Planner Dean A. Zuleger, City Administrator Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: 10/2/2012 12 Following up from a previous text amendment to the Shoreland Standards (§150.255), the Planning Commission reviewed and approved a proposed text amendment that would reduce the required setback from the Ordinary High Water (OHW) Level from 20 feet to 10 feet for water - oriented accessory structures on recreational development lakes. This setback would be consistent with State Statute and MN DNR standards related to shoreland management BACKGROUND INFO TION: The City's Shoreland Ordinance was adopted in 1993, which included a 20-foot setback for water -oriented accessory structures. After the previous text amendment related to the size of water -oriented structures was approved. the Planning Commission directed Staff to prepare a public hearing on the matter of the setback at the request of the previous applicant. The public hearing for this text amendment was held on September 24`11, where the proposed amendment was unanimously approved. TAFy... REPORT: It is important to note that the proposed amendment would only apply to water -oriented accessory structures on recreational development lakes. According to the Lake Elmo City Code, these structures include boathouses. gazebos, screen houses, fish houses, pump houses, and detached decks. Therefore, the proposed 10-foot setback from the OHW mark would only apply to these types of structures. hi addition, the 10-foot setback would only apply on recreational development lakes, including DeMontreville, Elmo, Jane, and Olson. Finally, all the existing performance standards governing water -oriented accessory structures, such as structure height, will remain in place. As part of the review of the proposed text amendment, Staff received comments from the Valley Branch Watershed District regarding the proposed amendment. These commented noted that allowing a 10-foot setback for water -oriented structures would conflict with the Valley Branch's requirement of an unmowed vegetative buffer strip of 35 feet around the recreational development lakes in Lake Elmo. However, this requirement is already in conflict with the City's current Shoreland Standards, requiring a setback of 20 feet from the OHW for these structures. Regarding this conflict, the Planning Commission thought it better to be consistent with the State and DNR standard as opposed to the Valley Branch standard. For that reason, they approved the text amendment. The review comments from Valley Branch Watershed District are attached. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Zoning Text Amendment by taking the following action: "Move to approve Ordinance 2012-63, amending §150.255, Shoreland Standards, o the Lake Elmo City Code as recommend by the Planning Commission." ATTACHMENTS: 1. Ordinance 2012-63 2. MN State Statute — Shoreland Management 3. Review Comments from -Valley Branch Watershed District SUGGESTED 0 ER OF BUSINESS: Introduction of Item ...............„....................... .......... ............ City Administrator Report/Presentation........... „ ................ ..... ..............Planning Director - Questions from Council to Staff ......... ....... ..................... ..... Mayor Facilitates Public Input, if Appropriate ..... .......... ....... ....... ...... ............. Mayor Facilitates Call for Motion ...... Mayor & City Council - Discussion .............. ...... ............ ....... .................... ....... Mayor & City Council Action on Motion ........ ....... ..... ............... ...... .....„............ Mayor Facilitates CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE 2012-63 AN ORDINANCE AMENDING THE SHORELAND STANDARDS SECTION OF THE GENERAL PROVISIONS TO REVISE THE REQUIRED SETBACK FROM THE OHW LEVEL FOR WATER - ORIENTED ACCESSORY STRUCTURES BASED ON MINNESOTA STATE STATUTES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 150: General Provisions, as follows: § 1.50.255 SHORELAND STANDARDS D) Placement, Design, and Height of Structures (2) Design Criteria for Structures b. Water -Oriented Accessory Structures 1 The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point. 2. The setback of the structure or facility landward from the ordinary high water level must be at least 20 10 feet on a recreational development lake and 50 feet on a natural environment lake. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. As an alternative for general development and recreational development waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage of related boating and water -oriented sporting equipment, may Occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elrno. SECTION 3. Adoption Date This Ordinance No. 2012-63 was adopted on this fd day of October 2012, by a vote of Ayes and Nays. Dean A. Johnston, Mayor (Seal) Sandie Thone, City Clerk This Ordinance No 2012-63 was published on the day of MN State Statutes for Shoreland Management: Water -Oriented Accessory Structures 6120.3300 ZONING PROVISIONS. H. Acce,i,soi-,...- i„.::-Lict7.3.re,-, azaci facilitre:•,. All ac.ctesc.4.ol.-\' ',1-tict.ire,., and faci.litie... exc ept those that are waIe:-oriettecl. Eattt meet o:. e:ceet.:1 sti-Lictt:,-e setbac. I,: ,;t11....larci.....,-. if allowe-d 13v local 2:_lvernarent c.,,-..)ntrolf, eacll -:.:e.,LC,e.3.17:a.1 lot ilia,: 11:f.',-..e. one. ,,,,-are:--orien•::.ecl ,-ic..:,e,,-,,o:--,- =•.,t-_-w:r..-0-e, oi fa-:-..i117 locate,1 .',--lo:,..,ei tov,......7‘.-..eizi- Jail file ,,7.17..1:7111e. "7,....7.1)a.',.''.....: if :-.11 ,Df :b& fC.1.111c_' .:.,7,-.:',11.frI3'Cl'.: al -Elltrtcaire 01" fraCili,TV 1111ISt IICt e:,:ceed Ten feet in h?.12.111. exclu:Ave of safer,: rai.l, a.r.(-1 can.ilot occur,: all ilea ,;zi.e.:7-..Ter than 250 squa:-e, fee.t. DeTZ.Che.:-.1- Cle.21:::-,. la1,11i;17 111DT '.7,:..C'e..-_..c1 ei11 t feet ab.Dve grade at ariy lioLat. 7..1f...-)afl.: of the -.;::.-lict:Lie ol' f,.-icility 5.....,:r_ f.:1,:.='. o:%-,:iii-la:7.- 12.3. I:vate: le -.-el 1Talv....11:.e. at leai-t 7:11 fe-t. 11.1.:.-.-rare or fai-..ilit,- Irrast 1.-ye tre.a:ecl to reduce •.-.-iit:il.lity as, '‘'i.e.c.7,,ecl fl,ona public v,-a revs ai.c1 1-1,-.1-1-..a Cent shc.q.-eh-ncis 1)7r,-- ve.czetatic.)n_ topo,f-r:aph.7,-. iric're a s.. eci cl)loi.', or c,t1:_ei alean..-:. acceptable 7:o tile local tstriit o ‘,2eoverilir.i&-.1].7.. assitcnit surlirner. 1-on ca11(1r:ic.,las. !4r or,:f .tria,,,, 1)e -,ise2.: a.,, z.,,. d(-1,-. v;.-ith ,afet.-,- raili,. but all;st 1"..):q b ericlosted or 1.1ecl a:,',. a 5torage ai-ea. (5 Tlae strac7.flie c)i. facilitv raurA not 1)e clei,i,2..riecl ol. use.c1 fir.,:r litiinl liabitatical ali,-.1 1nit5:t n,-..1c,:alLrr.,:ria ,i,..ate.i' ,',..;111,,:•21,,,- or .,...e-,.-va.c.,,e 7.1:-..711:ii:.:1.17 fai.2'i1itie,,,.. I. 6'; As an altenlati.\-e for 12 elleral cle7e1);)naellt ar..A-.1.rec.:se.a.tioria.1 cleopruelit 1-ic.;:o1-:._- 2_.tructuz.-es 7.1.,„../.e,-:: si:Nlel'1,7 for 1a7.2:"„715±..7 ,,,tc,',.affe. aild iLicludliv_., ;_,./Drage of i-elit.ecl b;:latiiIi,, air.-..'i -\,v_ate.r-o::ieilte,::i :,...i.),:,-_-tifics eciliipmeilt. Itax: poccl_ip\- a-4]. area lip TO 41:10 scittaie feet provIcieci :lie raa:,:iirearn i,-,,71c1tl). of. t1-......r.,. '•:-.t-ticti.:4-42 1,,-,. 2,,...! feet ..-3:„ raea,.:,7,11'..1:1 palallel tt-_, the c ipan2ti'latioLi of the .:-,1-iole1in..e. (7:( Ali .c.fccesory ,...:tr:.-.Ture.s o:,, facillTie:,, not rzieerrirL:: the abo7e.' crl.tet-ia ally ac1(..iiric..1.1 a I .1-',.1":,::: e.:;..- sol-t: ',':::talCi-111:7:' ,7 0 3,-. faci li 7 2: :,.• s, Lll'a ST meet or e7:::eeci: stra.::71.1re ,.,..etb a CTi: STancia,f(li.-. Kyie Kla t From: Sent: To: Subject: Hi Kyle, John P. Hanson [JHansonebarr.com] Thursday, September 20, 2012 5:00 PM Kyle Kiatt Zoning Text Amendment for Water -Oriented Accessory Structures I just received your request of comments on Monday and didn't get to it until today. I'm sorry for missing your deadline for comments. I guess the only comment 1 have is that the VBWD requires unmowed vegetative buffers around lakes, wetland and streams and does not allow any impervious surface or structure to be placed within the buffer. The various applicable buffer requirements copied below, For Lake DelViontreville, Lake Olson, Lake Jane, Lake Elmo, Horseshoe Lake, and Sunfish Lake, the following is the requirement: A minimum 35-foot wide buffer strip measured perpendicular to the O1-IW extending 35 feet inland shall be provided. A mowed access and shoreline is allowed, hut must not exceed 30% of the landowner's shoreline width or 30 feet. whichever is less. For shorelines less than 20 feet wide, a 6 foot -wide access path is allowed. Access paths shall not he located where concentrated runoff will flow to the lake, For other, smaller "lakes' and wetlands, the following is the requirement: A minimum 16.5 foot vegetative buffer strip around the delineated wetland boundary or the OHW, whichever is greater in elevation, shall be provided for all permitted activities. Average buffer widths al wetlands shall conform. to Standard] OC and Appendix C of the VBWD Rules, A mowed access path within the buffer is allowed, but must not exceed a width of 6 eet—Access paths shall not be located where concentrated runoff will flow to the wetland. For streains within the City, the following is the requirement: An average 50-foot wide vegetative buffer strip and a minimum 25-foot wide foot vegetative buffer strip measured perpendicular from and on both sides of the centerline shall he provided and maintained al all tithes for all permitted activities adjacent to the stream. Exceptions from this requirement for special situations, such as water crossings, are allowed if the permit applicant fully documents the circumstances and reasons that the buffer encroachment is necessary. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not he located where concentrated runoff will flow to the creek. John John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Company I 4700 W. 771i, St. I Edina, MN 55435 Primary pnone: 952.832.2622 I cell: 612.590.1785 VBWD projE...c1 office: 651,748,4230 ww,A,.vbwd.org