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11-07-12 CCMP
Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character City of Lake Elmo 3800 Laverne Avenue North City Council Meeting ednesday, November 7, 2012 7:00 P. *Note: The City Council will interview Planning Commission Candidates beginning at 6:15 P.M. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUND RULES F. ACCEPT MINUTES 1. Accept October 16, 2012 City Council Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS MnDOT Presentation on the 2013 Hilton Trail Interchange/ DeMontreville Trail 3-Turn Project CONSENT AGENDA 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. 2. Approve Payment of Disbursements and Payroll 3. Post -Issuance Tax Compliance Procedures for Tax Exempt Bonds 4. 2012 Crack Seal Project - Pay Request No. 1 (Final) 5. Approve Resolution 2012- XX State of Minnesota Redevelopment Grant Program - A Resolution Accepting the DEED Water System Infrastructure Grant 6. Keats MSA Street and Trunk Watermain Improvements - Approve Engineering Design and Construction Support Services Contract 7. Accept Resignation of City Clerk Sandy Thone, and Appoint Adam Bell as City Clerk; Resolution 2012-XX EGULAR AGENDA 8 Approve Conditional Use Permit for grading project at 9242 Hudson Boulevard; Resolution 2012-XX 9. Library Board Appointments K. NEW BUSINESS 10. Request for Connection to 32nd Street 201 System L. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council • Administrator o City of Lake Elmo 2013 Plan of Work o City of Lake Elmo Standard Operating Guidelines • City Attorney • City Engineer • Planning Director • Finance Director Adjourn LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston, Council Members Emmons, Smith, Pearson, and Park. 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 Emmons moved to approve the October 16, 2012 City Council Agenda as presented. Council Member Pearson seconded the motion. Motion passed 5-0. ACCEPT MINUTES ITEM 1: THE OCTOBER 2, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS/INOUIRIES: Tony Hernandez - Candidate for U.S. House of Representatives, 4th Congressional District, spoke to the council about his campaign. After providing a brief summary of his personal and professional background, he presented his position on several issues and expressed his desire to go to Washington, DC and work for Minnesota families. Mr. Hernandez gave an overview of the new district boundaries, and answered a question from the mayor on his approach to funding local infrastructure improvements. Dave Moore, 8680 Stillwater Boulevard, spoke on the Keats Avenue Street and Watermain improvements topic. He asserted that the city's water problems were due to the 3M litigation. He inquired why about five years ago the city attorney at the time was instructed that the matter would be "handled in-house." He also noted that all the proceeding are of record and expressed his displeasure with the way the issue has been handled. PRESENTATIONS: QUALITY STAR RECOGNITION - Mark Duddeck City Administrator Zuleger presented the Quality Star Award to Mark Duddeck of Lake Elrno Public Works. Mr. Zuleger explained the purpose of the award is to recognize those in the city and community who go above and beyond. He expressed appreciation for Mark's commitment to the City of Lake Elmo. CONSENT AGENDA 2. Accept Financial Report dated September 30, 2012 Page 1 of 7 LAKE EXMO CITY COUNCIL MINUTES OCTOBER 1 6 201 2 3, Accept Building Permit Report dated September 3O,2O12 4. Approve Payment n[Disbursements and Payroll of $589'32172 5. Resolution 2012'52 Approving City Elected Official and Appointed Board/Commission Members' Code nfConduct Policy 6. Z01ZStreet and Water Quality Improvements - Change Order l 7. 2O1ZStreet and Water Quality Improvements - Pay Request Z 8. Approval ofH\Q\CSystem for Annex and Maintenance A�rcenoentfor City Faci|ides MOTION: Council Member Pearson moved to approve the Consent Aoando as presented. Council Member Park seconded the motion. MOTION PASSED 5'0i REGULAR AGENDA ITEM9: APPROVAL OF D&MON FARBER & ASSOCIATES PLANNKNG/THEMXNG AGREEMENT City Administrator %ulrgerexplained that a key component in the land use planning process is creating a synergy or "theme" between the three distinct planning areas within the City of Lake Elmo - the open space areas, the Old Village, and the |'94corridor. Achieving ocommon theme that reflects the open space cbaracter/urtvrc of Lake Elmo in one way to achieve and maintain a cohesive, unified community. Earlier this month, Damon Farber & Associates, aoavvard-wunin�landscape arcbitecture/planning and design firm, met with the Old Village Workgroup to determine the suitability of purpose/fit and the following week provided a pro b000 consultation on a walk-through of the Old Village. /t was noted that City Administrator Zu|egcr has worked with Damon Farber &Ansociaten in the past with � reatsuccessduringhistpnurcin�Vestoo.VVi ,4discussion was had over the cost o[the ylanuioe/dhcouingwork, Council directed staff torecoup the $27,500 in therning costs when future development takes place. MOTION: Council Member Smith moved to approve the AGREEMENT TO COMMISSION DAMON FARBER & ASSOCIATES TO PERFORM WORK ON PLANNINGITHEMING. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 10: CONDITIONAL USE PERMIT APPROVAL FOR THERAPEUTIC MASSAGE AT 11200 STKLLWATER BOULEVARD Planning Director KJatt provided an overview of the conditional use permit application by Mc Aaron Rnen for therapeutic massage at 11200 Stillwater Boulevard. Under current zoning ordinances, therapeutic massage is allowed as a conditional use in the General Business [CB) zoning district. K4c K]attexplained the CUP evaluation process vvbicb includes: l. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands; Z. Traffic and parking conditions; 3. Effects on utility and school capacities; 4. Effect on property values of the surrounding lands; and S. Page 2ofJ LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Effect of the proposed use on the Comprehensive Plan. After evaluation of the proposed use against these criteria, Staff determined that all criteria were met. It was explained that staff believes a licensing approach for therapeutic massage regulation would be more appropriate than through the conditional use permit process. A licensing structure would allow the city to attain the desired level of regulation to ensure community safeguards and quality local business practices. A public hearing is scheduled for November 14"h to discuss the zoning text amendment. Discussion was had over whether to grant the CUP versus waiting until the licensing structure was in place. Mr. Klatt noted that the applicant chose to go thru CUP process instead of waiting for the license process was implemented because he wanted the business operational as soon as possible. The date when a licensing structure would be ready is not yet known. Because the applicant has already gone through the CUP process, Council determined that it would be reasonable to waive the initial annual licensing fees when the licensing structure exists. MOTION: Council Member Smith moved to APPROVE RESOLUTION 2012-53 PERMITTING THE CONDITIONAL USE PERMIT AS AMENDED TO INCLUDE THAT THE BUSINESS OWNER WILL OBTAIN A MASSAGE LICENSE WHEN THE ORDINANCE TAKES EFFECT OR PROCESS BECOMES AVAILABLE AND THAT THE FEES WILL BE WAIVED FOR THE INITIAL ANNUAL LICENSING PROCESS. Council Member Park seconded the motion. MOTION PASSED 5-0. [Video returns] ITEM 11: RESOLUTION 2012-54 APPROVING THE LAKE ELMO EMPLOYEE HANDBOOK City Administrator Zuleger highlighted some of the notable changes to the 2004 document: Columbus Day has been removed as a holiday; compensatory time has been changed to require use and minimize staff shortage; overtime and call in time have been narrowly defined to mitigate abuse; a code of conduct has been adopted to improve professionalism; standard operating policies in the area of decorum and personal welfare have been defined; the Lake Elmo benefit package is defined and eligibility qualified; and a performance review and progressive discipline process has been developed. A comprehensive HIPAA policy also was added. It was pointed out that the handbook would be brought to the council one or two times per year for updates and review. Mr. Zuleger explained that the document was reviewed and approved by the City Attorney. He also noted that one purpose for the new handbook is to provide employees clear expectation for reviews. A discussion was had where Mr. Zuleger explained why some of the changes were made, including holidays, overtime, and compensatory time. He also stated his preference for defined vacation, sick, and holiday time as opposed to paid time off. Mr. Zuleger noted that upon adoption, this handbook and its policies will become effective immediately. Page 3of7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 MOTION: Council Member Smith moved to approve RESOLUTION 2012-54 APPROVING THE CITY OF LAKE ELMO EMPLOYEE HANDBOOK EFFECTIVE OCTOBER 17, 2012 AS THE BASELINE PERSONNEL POLICY OF THE MUNICIPALITY. FURTHER, THE CITY COUNCIL AFFIRMS THAT THE EMPLOYEE HANDBOOK BE REVIEWED AND MODIFIED AS NEEDED, BUT NO LESS THAN (1X) PER YEAR, TO KEEP THE DOCUMENT RELEVANT AND COMPLIANT. Council Member Park seconded the motion, MOTION PASSED 5-0. NEW BUSINESS C. LIBRARY UPDATE 1. Library Board Applications City Administrator Zuleger explained that former librarian Olivia Moris had resigned for reasons including the low number of available hours. Mr. Zuleger reported that there were three applicants for the two vacant board positions and one alternate position. The openings were advertised on the city's website, Facebook, and the Oakdale -Lake Elmo Review. Because all three applicants are known to the Council, the Council's options are to interview the three applicants and then make appointments or move to appoint without interviewing the applicants. Mayor Johnston explained that due to the library board officer elections corning in January, it is important to act for the boards benefit. It was his intention of placing the library board items on the agenda to decide how the appointments would be made. Council Member Smith expressed her preference on not making the appointments tonight. It was her opinion that notice should be extended beyond the City's website and the Oakdale -Lake Elmo Review. The notice should be published in the Saint Paul Pioneer Press as well, due to the large readership of that publication in Lake Elmo. Ms. Smith also would like the positions to remain open until the first week of November in order to bring in more applications. She stated her belief that there were additional candidates who may be interested in applying but were not aware of the openings. Mayor Johnston stated that he believed scheduling the appointment for the next council meeting on November 7, 2012 would be sufficient time to accomplish both the board's needs and address Council Member Smith's concerns. Council Member Park inquired if that timeframe was sufficient to publish the opening in the Pioneer Press and receive applications. City Administrator Zuleger confirmed that it would be sufficient time. He then stated that staff would try another round of soliciting applications. Council Member Emmons suggested that it might be wise to use the suggested additional outlets for soliciting applications for other groups and commissions. The council agreed with him by consensus. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 MOTION: Mayor Johnston moved toADD LIBRARY BOARD APPOINTMENTS OF 1 ALTERNATE AND 2 RE -APPOINTMENTS TO THE AGENDA OF THE FIRST CITY COUNCIL MEETING IN NOVEMBER Council Member Park seconded the motion. MOTION PASSED 5-0 2. Filling of Weis Board Position MOTION: Council Member Emmons moved to APPOINT FIRST ALTERNATE ROSEMARY MEIER TO FILL THE REMAINDER OF THE TERM VACATED BY LIBRARY BOARD MEMBER JENNA WEIS; Council Member Pearson seconded the motion. MOTION PASSED 5-0 3. Full Time Library Director Position / Goal Setting City Administrator 2u|eger reported that at the last Library Board meeting there was a vote to proceed with hiring 6uU-dooe librarian and increase the hours to 40. The board also discussed holding a workshop to set goals. A major goal is to re -affiliate with Washing [ountvs library system or have inter -library loan status. Library Board Member Sarah Linder clarified that hiring the huU'dmoe librarian would lead to the library's increased hours, but that the increase in hours may not happen simultaneously with the Council Member Smith inquired about the financial information that she had previously requested regarding the full-time librarian and the impact on the budget. [nuod| K4pnuber Pearson and Finance Director Bendel responded that they have been going over the budget figures and the proposal is feasible. Ms. 3noitb reiterated that she would |ibr to review all expenses from the inception. Mr, Zu|egerconfirmed that itwould bcprovided toher. Mayor Johnston inquired about a bond retirement schedule from Washington County,asthe city is no longer paying into the county fund. 04r. Zu\eger stated that staff should be able to obtain that from the county. Council V4crnbcr Pearson stated that some of the money from the bonding was planned to be used for building improvements. Ms. Linder confirmed this and added that the board had factored in a hu1|-boze librarian with full city benefits aswell asbuilding improvements when discussing next year's budgct. Future plans included expanding the library's footprint within the building anitbecomes feasible. 4. Future ofArt Center City Administrator Zu\pgcrexplained that the initial intent o[the purchase o[the building was to control the land. At one point, the city considered razing the building, but then provided it as a facility for local artists and then axthe interim library. Recent discussions have included possibly renting itout asahousing property, but that would require some upgrading o[the facility. The main areas that need improvement are the bathroom and kitchen. Page 5 of 7 LAKE EKMO CITY COUNCIL MINUTES OCTOBER 16 2012 A discussion was had regarding the impact on local artists' needs. Council Member Pearson expressed his opinion that due to the necessary improvements and associated costs, discussions about leasing it at this point was unwarranted. Council Member Smith noted that under the current proposals by the Village Workgroup, that area will include senior housing, and perhaps the subject land could hesold and included iothat project. City Administrator Zu\egerreminded everyone that the library will be holding its Grand Opening event onOctober 2O,ZOl2 and encouraged everyone tnstop ioand enjoy tbp[esdvitics. SUMMARY REPORTS AND ANNOUNCEMENTS Cmmmc0 Member Emmons reported attending tbe Village VVorkorouy meeting, vvhnrp representatives from Damon Farber &&ssndotes presented their plans and took part in avvalkjug tour ofthe Village. Council Member Smith reported also attending the \5Ua�eVVorkvroup and meeting with Damon Farber & Associates. She believes Jesse from Damon Farber will be very beneficial to the process and is eager to work with him. Council Member Park - No Report Council Member Pearson reported the truck committee met with the City of Woodbury and that the rnnnhng was very positive. Woodbury is open to working with Lake Elmo to coordinate resources. City Administrator Zu\eQeradded that that meeting was one ofthe better nmeetio�ovvith Woodbury that be has attended and there was discussion of creating a Regional Fire District that would include o goal of filling in equipment gaps throughout the surrounding communities. Mr. Pearson reiterated the quality o[the meeting aswell. Mayor Johnston reported attending the library board nueehn��tbetast�atevvayCn,hdorroeetiu�� The Mayor also offered to send all the documentation from the meetincis he attends to the Council if members were interested inobtaining that information. City Administrator Zuleazerreported that Mitch Ber�the City o[Bayport Adooiniatrato�intaNng the |rod in the Union -Pacific Railroad train horn/whistle issue. K4c Berg asked Lake Elmo, along with Oak Park Heights and Bayport Township, to sign on to a letter asking Union -Pacific RR to use more discretion in using the train whistle in affected zones. It is requested that the Mayor sign ontnthe letter. Mr. Zuleger also reported the results of the speed trailer study by MnDOT. The subject area was at 1l24OHighway 5across from Hagberg's. The trailer recorded 7,S0Ovehicles. 7'164vehicles were above the speed limit of4Onopb. The average speed iu9nnphover the limit. Drnoted while the city would consider the figures as a high volume of speeding, traffic engineers would interpret the data as a justification for raising the speed, Another citation report will be available at the end of tile week. Residents have been reporting their positive feedback with the increased enforcement. Page 6 of 7 LAKE EKMO CITY COUNCIL MINUTES Council Member Emmons brought op the use of traffic calming techniques as opposed to actions that encourage increased speed. Mr. Zuleger affirmed that the three proposed tools include calming, aowell asenforcement and regulation. Council Member Smith inquired about the times the speeds were recorded. Mr. Zu\egerstated that Public Works Director Bnutbi|etcan provide those details. A discussion also took place explaining Red Zone enforcement. Mr. 2u|oDerconfirmed that 26 percent ofthe citations and warnings were issued to Lake Elmo residents. Additional data will be available from the forthcoming road survey and ongoing studies. City Engineer Griffin informed the Council that the data suggests that a physical change tothe roadvvay/siabt|inesisneeded tochange behavior. Mr. Cu\egeralso reported that the City isworking oofiva|iuiugacontract for aHumane Officer. Staff is working on water appeals and will be asking the council to consider the current water rates and the City's conservation policy in November. Storm Water Appeals are almost complete. A park usage policy is forthcoming for the Council's consideration. The next Source newsletter is ready for publication, Employee performance reviews will be taking place in November. A discussion was had regarding city parks, trails, and the forthcoming park usage survey. in City Attorney Snyder reported that legal counsel has taken part in several administrative issues, reviewed the personnel policy, and worked on the 3K4 litigation. The next meeting will include a request for executive session to discuss further details related to that litigation. City Engineer Griffin reported that the City did receive approval for funding of the Road Safety Audit, Planning Director Watt reported be took part iothe Village walking tour with Damon Facbnr& Associates. Feedback from the group will be reported after itiscompiled. There are upcoming Design Standards and ViUa�cVVorkoroupmneetiuAsscheduled, Fkmmmcm Director Bendel reported the completion of the storm water assessments. /\ sales tax audit is scheduled for next week. Regular month -end filings are coming up. Street Assessments will take place inNovember. Adjourned open meeting at 8:50 P.M. Sandie 7hooe'City Clerk Page 7 of 7 LAKE ELMO CITY COUNCIL Dean }\. Johnston, Mayor KE LMO '`......okuznacoar,77ezrmt prmnrr,s, MAYOR AND COUNCIL COMMUNICATION DATE: November 7, 2012 PRESENTATION ITEM #: H AGENDA ITEM: TH36 & Hilton Trail Interchange/DeMontreville J-Turn Project — Presentation by Adam Josephson, MnDOT East Area Manager SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to „ receive a presentation from Adam Josephson, MnDOT East Area Manager regarding the Trunk Highway 36 & Hilton Trail Interchange/DeMontreville J-Turn Project. STAFF REPORT: This project is proposed for construction in 2013. MnDOT is conducting a Public Open House on Thursday, November 15, 2012 at Lake Elmo City Hall from 4 p.m. to 7 p.m. Area residents and business owners are invited to attend to learn more about the project. Over the past couple of years city staff has been working closely with the Minnesota Department of Transportation to review and comment on the proposed improvements along the Trunk Highway 36 corridor. MnDOT is proposing this project in the cities of Pine Springs, Grant, and Lake Elmo to replace the existing at -grade signalized intersection at TH 36 and Hilton Trail with a grade -separated interchange. The north frontage road (60th Street) will be extended over the Gateway Trail. The project will also reconstruct a 1.2-mile segment of TH 36 which will include the closing of the center median crossing at the Highlands Trail intersection, thereby converting it to a 3/ intersection. These improvements are being implemented as part of the MN 36 Corridor Management Plan. MnDOT's vision for TH 36 is to improve safety and traffic flow while reducing the amount of through traffic cutting through residential areas. At the urging and request of the City of Lake Elmo, the project was expanded to include a J-turn with deceleration and acceleration lanes just east of the Highlands Trail and Keats Avenue intersections to better accommodate westbound TH 36 access for Lake Elmo residents. The J- Turn project is considered an interim solution for the corridor. RECOMMENDATION: : Staff is recommending that the city council receive the presentation by Adam Josephson, MnDOT East Area Manager and encourage residents to attend the Public Open House. No formal action is being requested of the council. Ti (-ATV ( )1: K E FL' MAYOR AND COUNCIL COMMUNICATION DATE: 11/07/2012 CONSENT ITEM #: MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount ofS253,016.42 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED:. As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S253,016.42. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 8,335.93 Payroll Taxes to IRS & MN Revenue 10/18/2012 ACH $ 5,050.52 Payroll Retirement to PERA 10/18/12 DD4218 — DD4256 $ 23.654.43 Payroll Dated 10/18/12 (Direct Deposit) 39072 $ 1,554.26 Payroll Dated 10/18/2012 (Payroll Paper Checks) 39074-39130 $ 53,107.79 Accounts Payable 10/26/12 ACH $ 8,088.71 Payroll Taxes to IRS & MN Revenue 11/1/12 ACH S 4,969.00 Payroll Retirement to PERA 11/1/12 DD4257 — DD4295 $ 24,263.24 Payroll Dated 11/1/12 (Direct Deposit) 39131 —39167 $ 123.392.54 Accounts Payable 11/7/12 1597 — 1606 $ 600.00 Library Card Reimbursement 11/7/12 TOTAL $253,016.42 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 S253,016.42. 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 November 7, 2012, Disbursements as Presented land modified" herein." ATTACHMENTS: . Accounts Payable Dated 11/7/2012 SUGGESTED 0 ER OF BUSINESS (if removed from the Consent ALrenda): 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 User: join z Printed: 10/2012(112 - 1:12 PM Batch: 009-10-2012 Invoice it Inv Pate .\ritottnt Quantity Pint Date Description Reference Task Type PO ft Close POLine it 10000 MOO Lakes Chapter 2012 Duos B1/0912012 I 01-420-2400-44370 Conferences & Training 21112 Dues Total: 10000 Total: A1)AMF3ELL Bell Adam 10/04/2012 10.114/2012 101-410-1320-43310 ileage 10/04/2012 1 otal: A DAN1BEIT Total: AL.F.NAIR Ales Air Apparatus. Inc 22611 10/2 )12(111 10 I-410,2220-44040 Repairs/Id:lint Eqpt 2261 I Total: A L.EXAM Total: AMDAHL. Amdahl Chris 9227 09/2512012 101,410-1940-44010 Repairs/Main( Contractual F3)dg 9227 Total: ,ANIDAJIE Total: AN1EE ANIFF. Central, Corp 2012-166 10122,i2012 101-410-1410-44300 Nliscellaneous 2011,166 Total: ANIEE Total: 85,00 0.00 10/25/2012 2012 Membership dues - niase S5.00 $5,00 33.30 0,00 10/25/2012 Mileage for Municipals meeting 33.30 33,30 3,115.39 0.00 10/25/2012 Animal Inspeclion of SCBA's. Masks 3,115.39 3,115.39 91,00 0.00 10/25/2012 Service Call on Jammed Office Door 91.01) 91.00 31 1.00 0.00 1005/21112 Big Show Sign "Vote Here" 311.00 311,1)0 Na (1000 No 00(111 No 0000 No 0000 No 0000 AT' - To Ole Nid Proof List (1012(02 - 1:12 PM) Page 1 111 voicv Inv Vale Alt AN1 Aramark, Inc. 649-7591520 111101/201) 101-110-1910-14010 Bcpair,,i•Nlaint Contractual Bldg 679-7501510 10/150012 101-1 Repairs/Main( Contractual 111dg 619_759152)) 1015/20 1) 101 --110-1940-44010 Repairs/Maim Contractual Bldg 629-7591520 Total: 629-7599174 1/2012 101-430-31011-44 I 70 Uniforms on-7500174 1oral: ARAM 1 utak 13FIZT11...S0 Bertelsen's C1'-WO-805131-1 10/25/2012 101.110_1320-42000 Office Supplies CP-WO-80543 I -I Total: OF-109180-1 10102,12012 101-410-1320-12000 Office Supplies OF-299180-1 Ion& WO-802229-1 1070/2012 101-110,1320-42000 Office Supplies WO-802229--1 1040;2012 1.01-410-1320-42000 Office Supplies WO-802229-1 10;0;2012 101-420-2 )20-42000 Office Supplies WO-802229-1 10.413/1011 101-420-2400-12000 Office Supplies WO-807279-1 "Fond: WO-806165-1 10/17/2012 I -410-1320-42000 Office Supplies WO-806165-1 10/17,2.012 101-4 M-2220-42000 Office Supplies WO,806165, 10/17/2012 10 -410- L520-42000 Office Supplies WO-806165- 10117f2012 101,420-2400-12000 Office Supplies WO-806165-1 Total: REMITS° Total: BIN'S Hill's Inc, i\lollipleroiripol 2. 101-450-5200-44120 Rentals - Buildings NItiltiple Total: Amount Quantity Pint Pate inscription _Reference Task pe PO it Close POLine 38.2".7 0.110 31.62 0.00 3102 0.110 108.116 73,73 0.00 23.78 131.8,1 -32.05 26.77 76.71 12.28 229.71 0,00 12.84 0.00 5.98 0.110 ?60.8 I 282.61 0.00 236.31 0,00 89.98 0.00 20/78 0.00 629.68 885.16 674.18 67,1,18 10/25/2017 10/25/2012 101250012 City Hall - Floor Mats & Linen Services City Hall Floor innts & Linens Annex City Hall Floor mats and Linens 10/15.12012 UnifOrms 0.00 10/2512012 Office Supply Return 0.00 10,25/2012 Hands Free Fowel Dispenser 0.00 10/25/2012 Durafratne Sign - Black 1012512012 Office Supplies 10/75/2011 Office Supplies 10/25/2012 Office Supplies 10/75/2012 10125/2012 10/75/2012 1005/2012 Office Supplies Office Supplies Office Supplies Office Supplies 11.00 111125/2012 Portal:de Restrounis No No -No No 110(10 00(10 0(100 0000 No (H)00 No 0000 No 0000 No 0000 No 0000 No 11000 No 0000 No 0000 No 0000 No 0(100 No 0000 AP - To Be Paid Proof Lis( (1)1/26i I - 1:12 P(2) Page 2 i its -nice _Inv Date BUTS otal: IRLISS Bruss Kim & David chI Req 10/1612012 001-194-9400-43820 Water Utility cid: Req 1otak 0R43SS Total: CAMPION Campion Liarrows & Assoc.. Corp 1019 D2012 10/0112012 101.420..3220413050 Physicals 0/0 1/2012 Total: CAN1P ION Fotal: Cr\RQIJES 1 Car Quest Auto Parts 2(155-2'71797 111.41900 L) I 01-430-3100-44040 Repairs1Maint Lupt 2055-271797 Total: 6971-31172) 1011612012 101-430-31014-4,1040 RepairsiMaint Eqpt 071-311722 111/16/2012 101-4.30-3120-42120 Fuel. Oil and Fluids 6971-311722 Total: CARQUEST Total: CDW ('DV Government Inc. R938054 100512012 101-410-1940-44300 Miscellaneous R93805,4 I 00.5,•'20 11 191-1)0- )400-44300 iscellimeous R938054 101-410-1910-44300 Miscellaneous R938054 I otal: CDW Total: CFN('OLLE Century College 479807 10/25/2012 1014420-2220-44370 Conferences & Training 479807 100512012 101-120-2 n0-41370 Conferences & 479807 *I (nal: Amount Quantity Pint Date Description Reference 074.18 5 7.10 57.10 57.1(1 780.00 780.00 780,00 4(249 46.49 34.28 101.40 135.68 182.17 0,00 10/2512912 Refund Overpayment of Water Account 0,00 10;2512012 Psych Evaluations, Supan. Neuman (400 10.,25/2012 Work Lights 0.00 1.0125i2012 Equip Lamps 0.00 11(125/2012 Oils and Anlitrecze 342.97 0.09 10125/2012 Canon DR M Scanner 342.97 0.90 10125S2012 Canon DR M Scanner 342..98 0.00 1012512012 Canon DR M Scanner 1,0'28.97 1.028.92 600.00 0.90 10125/2012 Fire Ground Control 7004.10 0.00 111/2512012 Structural Firefighting 1,100.00 Task Type PC) # Close 1'01..111e if No 0000 No 0000 No No No No No No No (10(10 0000 00(10 000(1 0000 00110 0000 0000 Ap To Be raid proot-List 0i2(ce-12 - I 2 Pm ) Page 3 Invoice 4 biv Amount 1,!nantity Pm( Dale ,,eseriplion Reference Task Type 0 Close 1'01,ine CENC C.F. To a I; CONICAST CONIC'AS F 09'27/20 I 2 1)(7'tl1:7 I 0 I A20-2 /0-443.00 Miscellaneous 09.2712012 1 mid: (")t ICAS I otal: CIYOAKDA City ol /akklale 1110004(0-01 09/30(2(112 601-494-9400-43820 Water W000460-01 Totai: 101210031356 09118/1011 101-420-2220-44040 RepairsiMaint Fqpt 201210033,156 Total: 701/10183385 11!17/2012 101 -420-2220-44040 RepaitsiMaint Eqpt 201210183385 Total: CTYOAKDA Total: DFLArl' L)eLapp Steve 10/25/2012 1012512011 2.06-450-5300-42230 E3uildin1z Repair Supplies 1005/2012 102572012 106-450-5300-43210 1 elephone 1005/2012 Total: DEI,APP Jolal DELTA Delta Dental Oliqionesoto 4967728 10,15;2012 101-000-00110-21706 Medical Insurance 4967728 1 DELIA Total: rol3ROIDNI Embroidrne tij Rose\ ille E 19529 10110/1012 101-4 J0-1320-44300 N1 iscelltineous F. Ins 20 10/1012012 101-410-2400-44.300 iNliscelltmenus E 19529 Total; „100.011 7.90 0.00 10/2512(111 Monthly Service 7.90 7.90 9,503,36 0,00 10125/.2012 Water Service 1-94 9,50.136 081,22 0.00 10/25/2012 Oil Change New tires on CV' 681.22 219.79 0,00 10;25/2012 Front Axel Seal on CV I 219.79 10,404.37 1,089.59 0,00 1005/2012 Building Repairs -3.60 0,00 10/25/21)12 Correction for phone reimb 1,085 99 1,085.99 1,623.05 0,00 1005/.1017 November 2012 Dental Coverage 1,6'3,05 1,673.05 40.00 0,00 1012512012 Stlf Pullover Alyssa 34,00 0.00 10/25/2012 Strf Pullover - Rick 74.00 tsi 00(j0 No 001)0 No 9000 No 0000 No 11111.111 No 0(100 No 000(1 No 0000 No 0000 AP - To Be Paid Prrinf List t 10/26112 - 1:12 IN)) Page 4 invoice ti Inv Date .,kinnunt ()natality Pint Date ascription I(eferettee Task '1" ype PI) it Close POI,ine FM ERG ENGEmergency Services Nlarketing 6285 101.5/2012 650,00 0,00 10i/5/2012 Annual Subscription or 01_410_2.'20_44330 Dues & Subscriptions lAkIRESPONDING 6285 Total: 650.00 F.ME11.GENC Total: 650,00 ERICKSON Erickson Building Inc 1017/2012 101 7/2012 176.05 0.00 10/25/2012 1'ermit_ t18628 Overpayment 11/1-420-2400-44300 1iscellaneous 10117/2012 Total: 176.05 ERICKSON Total: I 761./5 1:11tiillSON Ferguson Waterworks, S01,951?4.00) 1(1/12/2012 3, )55.6-3 0.00 10/25/2012 Meters 001-494-9400-42.300 Water h Icters & Supplies 8111295 I 24,002 3,255,63 FERGUSON 1 oaf: 3.255,6,1 FIRS1'T1R First Slate Tire Re -cycling 25039 101 0(2012 43.00 0.00 10/25/2012 Tire Recycling clean up days 101 -430-3100-44380 Clcan-up Days 25039 Total: 43,00 FIRST-11R Total: 43.00 HOLADAYC Holiday Credit Office 1015/2012 1011512012 479.80 0.00 10/25/2012 Fuel 10E420-2220-421 20 IueI.00 and Flnick 10/15;2012 Total; 479.80 HOLIDA VC Total: 479.80 JP COOKE JP Cooke Company 21)197)) 11100012 88.90 0.00 10/25/2012 Planning approval Stamp 101-410-1910-42000 Office Supplies 201970 88,90 JP COOKE Total: 88.90 AP - To Be Paid Pronf List (10/26;12 - 1:12 ('NI) No 0000 No 00011 No MOO No 0(1011 No 0000 No 0000 l'agc Invoice # Inv Pale A (nowt I- Ow-1;114 Pnit Date ascription Reference 1,FINN Lake Elmo Inn 118'2212012 08S2,71211 I ) 1111--120-2 220-42400 Small ools & 17„quipment 1181)21201 ) Total: 1_1:ANN Lillie Newspapers lite, Lillie Suburban I/0i) -7/2012 091'712012 101-410-1910-121100 Office Supplies (19=27/201) 09, 271201 10 I ...110- I 91 0-421100 Office Supplies 119i? Nt 101-1111-1910--12000 ()nice Supplies 09127120 P 09/270012 101-4 10.10)0-42000 Office Supplies 09,72712017 lotal: Lillie Total: 1_114.17ALLS Little Falls kluelline, Inc 49499 10111/201) 101=4.10-,1 1 '25-41400 lepairs1Maint Eqpt 49499 4 otal: lirl.,FAELS Total: Task Type PO If Cltise POLifie 11 3,196.52 0,00 1012512012 lce Machine for lire Hall (rotary gi-ant) - 3,196,5) 3.196.52 .18,95 18.45 52,00 16,40 175,80 1")5,80 0,00 10f 25/2012 9112 Ordinance 2(112-61 0.00 101)5i2012 9/12 Nonce Text amendment 0,00 107250012 9/26/12 Notice - Keats Ave 0,00 10;251)012 906/12 Notice - Koen CUP 766.41.3 0.00 10195/2012 INting Plow Cross Tube and Hardware 766.43 766.43 l\-1 A 1 ,MQ Malmquist Cireg 09116/12 09i16/201 ) 183.15 1011 10/25/201 2 Mileae Vitt AMEM Conference Ill I )0-2220-44370 Con ference.s & Trailing 09/16/12 00116/2012 38,50 OLIO 1(1125/201') Meals liar AM FM Conference 10 1 -420-2220-14370 Conferences & "fraining. (19/16/12 Total: 221,65 IVIALMQ Total: 7)1.65 NIA RON EVS 1\ aroney's Sanitation, Inc 446235 10108120 12 108,32 0.00 10125/2012 Waste Removal - City Hall 101-410-1940-43840 Relitse 4-16 '35 1010812012 47,68 0,00 10/250.012 Waste Removal - Fire 101-410-1940-43840 Refuse =146235 101081'2012 207.82 0,00 10/25/2012 Waste Removal - Public Works 101-410-1940-418=10 Refuse 446235 I 0/080012 2o7 82 0.00 I 005/2012 Waste Removal - Parks 10 1 -110- I 940-43S-10 Refuse ^..e,M1,---y,, •.- ^ ^4x- No 0000 No 0000 00M1 No 0000 No 0000 No 0000 Nu 0000 No 0000 0000 Nn 0000 No 0000 No 0001) Al' - 10 He Paid Pi mil' List (10126112 - 1:12 PM, Page 6 Invoice (1 low Mae Amount Quauitity Pluat Mite ',est./11)6ml Referents 44(035 I 0/0872012 48)2 206-450-5,1011-43840 Refuse 446235 Total: 61 9.76 I\ 1 ARONEYS Total: 619.70 0.00 I 0125/2012 Waste Reniovul - Library FNAR DSO Nlenaids - Oakdale 4641 08/03/201 2 49.32 0.00 10/25/2012 FF 1 cols Ita I --1)0-',22.0-42-100 & EquiPmcnt 4641 10,4.13f20 I 1 .38.10 0.00 10/ '5/201 ? Supplies for station ill I 01-410-2220-4.1011.) RepairsiN Taint Bldg 46-11 Total: I 8712 3254 10/13/2012 93„34 0.00 10125/2012 Cleaning supplies, light f3ul1is station 2 I 01-4 )142110-44010 1Z.epairsilYlaint Bldg 5254 Total: n3.3.1 l‘IENARDSI Torah 28(1.76 TYpt.' Pt) tt Close POLine No 00011 No 00011 No 0000 No 0000 MIcHArm Michael Lee Inc. check Reg (0/19/2012 3,300.00 0.0)) 10/25%2012 Partial Escrow Ref 2979 Tapestry No 0000 803-000-0000-22900 Deposits Payable #8235 check Reg 10/18/2012 3,800.00 0.00 10/25/2012 Partial Escrow Re)' 10225 Tapestry No 0000 804-000-01100-22900 Deposits Payable #8854 check Rey 1 otal: 7,600,00 NI ICI IAEL Total: 7.600.00 NIINITFX Moulex 79556 08/0612012 864.00 0.00 I 0/25/2012 Library Cards 46-450-5300-42500 Library Collection Nlaintenance 79580 Total: 864.00 fY1 I N [TEX Total; 864.00 NAl'A NAPA Auto PaBN 726652 10/11/2012 4.77 0.00 1005.12012 Fuses for B2 101-420-2220-44040 Repairsqklaint Enpi 726652 fotal: 4.77 NAPA Total: 4,77 NENTIA, Ncidel Communications 761950217-108 10101,411.2 1141,65 0,0(1 10/25/2012 Cell Phone Service - Administration 101.410-1940-43210 Telephone 761950227-108 10,01/)(11 2 163,42 0.00 10;25/2012 Cell Phone Service - Fire 1411 101-120-2120-432 I 0 -I eleplionc ^^^,-,---,- No 011(10 No 0000 No 0000 No 0000 - lo Be Paid Proof List I0b26;12 - 1;l2 Pm) Page 7 t Inthat` 7619(.)227-108 101012.102 I 01-410-2400-43210 Telephone 76195(1227-1(18 10:01[2012 101-130-31t10-43210 elephone 76195(1227 1 oti 10101i2012 101--150-5200-432 I 0 Telephone 701950227-108 10/01/2011 101-410-1450-432.10 Telephone 761950227-108 1001/2012 101.--110-1910-43210 elephone 761950297-m8 N'F\l El 1imik 'Total: Amount Quantity Putt Date ;script ion itefereitee Task. 'fype PO It ( 'lose P)Litic PIKEBOR Pike Bob 10/25.!2012 10125/2(112 206-450-5300-42230 Building Repair Supplies 10/2577012 1 I'll<313013 1 tab pRIriRITY Priority One 10/25r)01) 10050012 2(16-450-5300-43210 Telephone 10/25.0012 lanai: PRIMITI Total: PROVANT.4.1 Provantage 6-173615 10A111)012 101_420-2220-420(10 Office Supplies 6173(115 Tolal: PROVANTA Total: REEDKATR Reed Katrina 10/15/2012 10/25! 2012 1(1I-110,1320-433W Mileage 10'1514/12 Total: REEDt: A TR 1 otal: 0IVIZ(70(.)1Ri‘er Country Conperalive 09f 30.'2012 (0130.11012 101 .420-2220.42120 Fuel. Oil and Fluids 09:30/2011 '1- (II a I 50.11 0.00 ltr 252012 Cell Phone Service - Building No 0000 it5,711 0.00 10/2512012 Cell Phone Service - Public Works No 0000 102,57 0.00 1_0/15:2012 Cell Phone Service - Pnrks Dept No 0000 I 71.80 0,00 10/25/2012 Cell Phone Scr \ice - Taxpayer Services _ No (1000 )7,93 0.00 10/25./2011 Cell Phone Service - Planning Dept No 01(1(11 6-46.18 6=16.18 123.10 P3.10 23.10 0.00 10/25[2012 Building Repairs and Maim. 50.00 0.00 10/25/2012 For use of Wi-Fi 5 0.00 50.00 3-11.25 0.00 10/25/2017 Keyboard For 'Tablet 1.11.25 3d 1.25 4(1.54 0.00 10125/2012 Mileage Reimbursement fin' Municipals 40.51 40.54 555.1,1 555.1-1 0.00 1005/2012 Fuel No 0000 No ( HMO No (1000 No 000)) No 0000 .AP - To Be Paid Hoot 1ist (1)1/26,'12 - 1:12 Pl\11 Page 8 Invoice # I nv Dale R 1 VIWooP RI.)GERS 11.ogers Printing Services. Col p 10,12/2012 101-410-1320-42030 Printed Forms 1897S 1(1/12/2(112 101-110-1520-4211.30 Printed Forms 1897S 11.1112j2012 (4)1-194-9400-42030 Pr kited Forms 18978 1(11 2/2012 603-496-95011-12000 Office Supplies 18978 Total: ROGERS Totar. RONNAN Romian Ken (19.12201 2 09128/ 20 I 2 101.-410-1450-1 3620 Cahle Operations (IQ:28/2012 otal: 101012012 101102.20 P 11)1-4 1450-43()20 Cable Qperations 101 (1121112 Tolal: RONNAN S(K,. Oltice Products, lin:, 1)101(2931 ()928/2012 WI -410-1320-42000 Office Supplics 01PK293 I Total: 1)114,2(63 10118/2.012 101-410- 1320-42000 (')Ilia: Supplies 01P1,.265.3 Tolnl: S&T SAF0ASS41 Safe Assure Consultants Inc. 523 09;0h/201 '7 I1 ..430 -3 100-13150 Contrael Services 523 Tolal: SAFEASSLI SAN1SCL.1.43 Sant's Club 10/23/7017 1021/2012 101-420- )20-1431)0 Miscellaneous Ap _10 Be paid Prot(' List 110/26/12 - 1:12 PM) A titutint Quantity Pint Date .!scription Reference 555.14 301,55 0,1(0 10;25)2012 Letterhead Envelopes 236,50 0,00 10125/2012 \Vindow Envelopes - =172,42 0,00 10/25/2012 Window Envelopes - Water Billing 472.-12 1).00 10/2512012 Window Envelopes - SW Billing 1.482.89 1AS).89 18.00 0.00 10/25/2(112 Graphics System 'Training 38,00 55.00 0.00 10/25%2012 Cable Operations 10110/12 Planning Comm 55.00 93,00 7.2-1 0,00 10125/2012 Office Supplies - 'f ape 7,24 150.05 0.00 10125/20 12 Name ['tales and Badges 150 05 157.29 2,900,00 0,00 10/25/2012 2013 Safety Training 2,900.00 '7,900.00 87,76 (H.10 I 0/2512012 Shitiou and Rehab Supplies Task ri) PO # (use # No 0000 No (MOO No 0000 No 0(100 NO 0000 NO 0000 NO (1000 No (1(1(.1() No MOO No 0000 Paps 9 Inn ;Ace 1/ Inv Date Amount Quantily I'mi 1.1ale ..,eseription Itelerellee 'Eask Type PO ij (.0,se 1)()1Line I' 10/1.3,2012 10/230012 10- 1320-42000 ()flice Supplies 10/2 l.)(11 2 Total-. 10'2512012 0/ /5/2012 I 0 1 - 20- 22211-,•14300 iseellaneous 1005/21112 -Fotal: SAN IS(1.1_113 5t:111 t )111K,A schioinka I 1496 10,05(.21)12 1 0 -4 I 0- 9-10-4 11)111 f(epairs1Nlaint l'ontractual 131dg 13,196 Iola!: SC1-11,01\4KA Total: STILI.(i1F1) Stillwater Medical Groty 10/09:12 10,00201 2 I 111-4 )220-43050 Physicals 11,0)9i 1 2 Total; STILLm TASCH T.A. Schilsky & Sons Inc 54014 & 5,1970 10/02/-,012 1 1-430-3 110-42.240 Street Maintenance Ntaterials 54014 & 53970 Total: 54069 10708/2012 101-430-31 20-12240 Street Nlaintenanee Materials 54069 Total: TASCT1 IDS TDS E,TROCON1 1.1„C 65 1-779-8882 0911 3,, 20)2 1 )0-432 10 Telephone 65 1 -7 79-8889 09/13/2012 1-430-3100-13210 Telephone 651-779-8882 09/1312012 r;o2-4 95-94 50-432 0 Telephone 651-779-8882 09/1 312012 1-,f194-9400-43 210 Telephone 651-779-8882 Total: -1 DS Total: I 1.94 99.'70 78,05 78.05 177.75 200.00 200,00 )00.00 577,67 577.67 577.67 93.9-) 93,9') "71,68 71,68 165,60 185,37 174.27 129.75 45.46 534.R5 534.85 0,00 10125/2012 city Hall Supplies 0.00 10125/2012 Supplies r01` Officers Class 0.00 10;2:1/2012 Pump Holding Tank City Ifni] 0,00 10,2512012 Physical & Vaccinations 0.00 10/25/201 Asphalt 0,00 1.0125120 I 2 Asphalt IWO 10/15/2012 Analog Lines - Fire 0.0(1 0,00 1),.011 10/25!20 12 10,25/2012 n125 /20 1 ", Analog Lines - Public Works Analog Lines - Lill Station Alarms Analog 1ines - Well [louse 112 No No No No No No No No No No 0000 0000 0000 0000 0000 0(100 0000 110(10 ()(100 0001.1 AP - Be Paid ProulTisl 1 ii2.61.12 1:12 PNO Page 10 Invoice # In v Date Alllo ;Int Quantity rnit Dale —escription 11eference T1NL.11t 1,, SIInroad< Sports 949,142 29 10;09/21112 1,015.85 40.1,,40_s0in0_45300 Improvements ()l)1r I ban 1.3Idgs 949.14229 Total: 1,01 5.85 '11,_11\,IARKSI' Total: 1_015.85 11',POI LOA Tregilgas _Michael 10/18-12 10/18/2012 10 1 --I 0- 1-150-4-3620 Caltle ( iperaticnis 10-'18/12 Total: 10/22.'2012 10122/201 I 01-4 I 0- 1450-43620 (fable Onertniont,. 1 012212012 hag TIEGII__GA Total: TRK ITI 'hock Utilities Inc. 245010 10:1112012 101-4-30-3120-422 111 Equipment Parts 2,15019 Total: TRK UTI Total: WASH l'AX Wrisltington Comity Mt/14/201 2 06/ I 4 2012 603-496-9500 .44 300 NI iscel kmeous Espenses 06/11/2012 Mal; WAS_FITAX Total: WII_LIODD Williams Todd 09,-25/2012 09./25/201 2 206-450-5300-42230 _Building Repair Supplies 09/25/20 12 Total: WILLI ODD 1 vial: XCEI. Xcel Enemy 51-53503/ 3-8 1 0/(W2012 411-494-9400-4138 I 0 Electric Utility 5E5356323-8 Total: WEL Tolal: 0,011 1012521112 Player 13enclies Deomotreville park Task Type PO 1/ inse ['Mine N o 00011 55,011 0_00 I 0/25!20 I '-) Cable- Operator 10/18/12 Foruni No 0000 55.00 55,00 0,00 10/25;2012 Cable Operations 10/22/12 No 0000 55,00 1 IOW 80.81 (WO I 0;25/2012 Wood Chipper flyd Hose No 0000 89,81 89,84 46,00 0,00 10/25/20 I 2 Rain Gardens Agreements No 0000 6.011 4 6.00 130,27 ((.0(1 11)/25/2(112 Building Repair - Electrical Supplies No 0000 180 27 180,27 3,055,75 0_00 10/25/2012 Wells 1 & 2 No 0000 3,055_ 75 3,055_75 - To Be raid Proof List (10/26; I 2 - 1;12 P811 Page I 1 tur Oct:ft Inv Pale Yoeuu Oil Con-ipany, 21257.1 0918/2012 101-4.;1)-31(10-1,1(11() Rerairs)'N-litint 131c1,Lt 212573 Total: 2112IX 1011772012 101 iteuaits;klaint 213218 10101: YOCUNI Total: Al' - tie Paid Proof List (10126,i12 - 1:12 j-.1%,1) Atitnuut Quantity nitDate escripiion Itcleveinc Task Type V() # f/ I 60.69 OMB 1025:2012 Bulk 0111:inks - Sept 16109 160.6g OAK) 0/25f2012 Bulk Oil Tank ct - Oct I 6o,69 32138 53_107.79 No 0(10(1 No 0000 Page 12 Accounts Payable Con puter Check Proof List User: C Printed: 2412 2 - I I:I I AM Invoice No Description V en dor: LI SP OS T United States Postal Service Postage tOr newsletter mailer Cheek Total: Total for Check Run: Total Number of Checks: L Amount Poyment Dale Acct Number Reference 452,70 10/24/2012 457.70 452.70 Check ACI1 Enabled: No 101-410-1450-44090 Postage for new Al' - Computer Check Proof 1 ist (10/24:2012 - 1: I I AN-11 Page 1 Accounts Payable To 13e Paid Proof List Ilser: loan z Primed: I 1101/2012 - 8:48 AM Batch: 002-11-2012 Invoice Inv Date Amount Quantity Pint Date Description Reference Task Type PO Close POLine 10000 10,000 Lakes Cliaptef 2013 iVletabership 10129/2012 101-420-2400-44330 DoesS1.Sahseriptions 2013 NlembersItip Total: 10000 'Inolal: I-teptal Total: 5.00 0.00 II /07/2012 Nienthersitip flues 85.00 85.00 85,00 No 0000 AI' - lo Ile Patti 01101112 - 8:48 AM) l'itge 1 Accounts Payable To Be ['aid Proo C List 'six: joint Printed: 11111/2012 - 17:58 PNI Balch: 001-1 1-2012 Invoice if tov Date 10000 1 IWO iikesRaptor Seminar 10179,2012 I 01-420-2400-1.1370 O'er(' nce. IK•. ltinng Seminar foial: 10000 Tutal; DV,M.4CED Advanced [lig & I/nviron Service 32140 10,4.30/2017 601-1Q1-9400-13030 Engineerilig Services 32119 folal: ADVANCED A\iI'i A(i Awe' ican Flagpole & Hag Corp 103551 10/23/7017 01-450-5200-14300 Miscellaneous 103551 Imal: AMR:A(1 fatal: Amount Quantity Piot Date 1)escription Reference Task Type PO it Close POLine 210.00 0.00 11/07./2017 Seminar Registration 210,00 210,00 7.237.50 0.00 11107/2012 Waler System Design Phasing Study 7)31.50 7,232.50 166,10 0.00 11i:07/20 12 Hags 166.10 166.10 0000 No 0000 No 0000 ARAM Aramark. Inc. 629-760.3972 10/18/2012 23.78 0.00 11/07/20 12 Uniforms No 0000 101-430-3100411170 Uniforms 629_7603972 ri (Hal: 23.78 620-7608697 I 0/7512017 23.78 0,00 11/07/2012 Uniforms - No 0000 RI 1-130-3100-14170 Uniforms 629-7608697 loll: 23.78 ARAM loial: 47.56 ri AN l'( N Ruuivon Data Systems, Inc. 1418115 1 1/01;2012 978.28 60 I A-Q.1-9100-13 So Software Support 118113 Total: 978.28 • To Be Paid Proof List (11101,12 - 12:58 PM 0,00 11/07/7012 Software Support No 0000 Page 1 Invoice l Inv Dale „ Amount Quantify hut Dale .yescription Reference Task Type po # Close POLitle 0 HANYON 1 otal: 978.28 13ERTELSO Bei telson's \VO-808301•1 11/72912012 23.41) 0.00 11/0712012 Supplies - Administration No 0000 101-110-132.11-712000 Office Supplies WO-808501- I 107912012 26.16 0.00 11707/2012 Supplies - Building No 0000 101 -420-2400-12000 Office Supplies WO-808501-1 10/29/2012 12,60 0.00 11/0712012 Supplies - Planning No 0000 101-110-19 10-42000 Office Slipplies WO-80850 1-1 1072972012 96.22 0.00 11/0772012 Supplies - Public Works No 00111) 1(11-430-3100-42000 ( Mice Supplies WO-808501-1 Total: 163.38 HERTELSO Total: 163.38 C.17.NTUR1-1, CenturyLink 1 110772012 1170772012 120,97 0.00 11/07/2012 Phone Service - Library No 0000 206-1750-5300-43210 Telephone 1101712012 11707/2012 35.95 0.00 11/07/2012 Interne( Service - Library No 00110 106.450-5300-13250 Mtemei 11107/2012 1ota17 156,92 CT:N1l:02NT Total: 156.92 COMPF,NSA Compensation Consultants. Ltd Nov 2012 1072412012 40.00 0.00 11/07/2012 Monthly ESA Admin Fee November No 0000 101,i110-1320-11300 11. liscellaneous 2012 Nov 2012 loud : 40,00 COMP ENSA 40,00 DEMO- ) Nape° 4778448 1071572012 94.12 0.00 1170712012 Glossy' Label Proteclors No 0000 106.450-5300-42500 Library l'olIcetion Maintenance 47784,18 '1 oral: 91,11 1./FAIGO Total: 94.12 IHROI1 )N1 Faubroidiric of Roseville F 19678 1072572012 117.95 0.00 11/07/2012 Staff Polo Shirt - 3 Bloc - Planning No 0000 101 -120-2400-44300 1\ liseellancous Gyp E 19678 Total: 112.95 EN1f3R011)M Total: 112.95 7\P - 1 o He Paid Proof Fist 111101742 - 12:58 I'l\-11 Page 2 invoice 4 Inv Date Amount Quantity Date eseripl ion 1(elerence 1:AS11:NA1. Fastenal MNOAIS2.381 10118/2012 101_130-3100-12210 Exitiiimicril Paris Nr1NCIAK2381 40101: FA?, ruNA I Total, E101t.11.1.() Fiorillo N1cgan 10/2312017 10/23(7017 101-4 10-1150-13620 Cable ( 1peralions 10/73121112 Total: El( )111.10 Iota!: 14 al S Foci's Engineering, Inc 394 & 395 II/00112 101-410-1930-43030 Engineering Services 39,1 & 395 112'01/7017 10 1-1 10-19 10-13030 Engineering Services 394 & 395 Tolal: 396 11111/2012 0 _420-2400-43030 Engineering 396 11101/2017 10 1-4 10-1910-13010 Engineering Services 396 1 1/01/2012 101-130-3 100-13030 Engineering Services 39(,' 601 -494-9100-43030 Engineering Services 396 11/0112017 602-495-9150-13030 Engineering Services 396 1i/0112012 603-496-9500-43030 Engineering Services 396 Total: 397 11/01%2012 4 09-480-8000-13030 Engineering Services 397 11/01/2012 409-4 80-44000-13030 Engineering Services 397 11/01/2012 409-480-8000-43030 Engineering Services 397 11101/2012 109-480-8000-43030 Engineering Services 397 11/01/2012 409-480-8000-43030 Engineering Services 397 11ou9012 4 09-18U-8000-13030 engineering Services - 1'o Be raid Proof 1451 (11,10112 - 12:58 PM) 1 3.00 1 3 00 13 00 27.50 27 50 77.50 4,-186 09 770.00 0-00 I 1/07i7.0 12 Ilard‘ore 0.00 11/07/2012 CC Workshop 10/23/12 0.00 11/07/2012 General Engineering ((.00 1 1.07f-2012 General Engineering .1,756.09 967.50 0.00 1 1/07S2012 General Engineering - VRA 1,915,50 1_502.50 3,064.49 1,426.96 11458.50 0,00 11/0712012 General Engineering - VRA 0.00 11/0772012 1 eneral Engineering - VRA 0,00 I 1/07/2012 General Engineering - VRA 0.00 1 1/07.12012 General Engineering - VRA 0.00 11/07/2012 General Engineering - VRA 9.9'35.45 1,163,44 0,00 11107/2012 'I ransgortai ion & Traffic Systems 1,767.84 307,21 59.00 45.00 /69,14 0.00 11/07/2012 Street Maintenance 0.00 11/07/2012 0,00 11/07/2012 (400 11/07/2012 Municipal Aid System Capital linproventeni Planning 2012 Seal Coat Project 0.00 11/07/2012 'Fronk [Foy 36 Corridor Planning Task Type PO # C ,se POLine No No MOO 0000 No 0000 No 0000 No 0000 No 00110 No 0000 No 0000 No 0000 No 0001) No 0000 No 0000 No 0000 No No 0000 No 00011 Page 3 Invoice 0 I ti v Ii(e Amnon( Q1Ifinti(y Pint Date oescription _Reference `Fast: Type PO 0 Close IOt.i ne ti 397 110112012 4119-480-8000-431130 Engineering Services 397 114)1/2012 409-180-8000-43030 Engineering Services 397 -Eotal: 398 11/0112012 409-48 313Engineering Services 398 Total: 399 1101/2011 4 113-480-80110-43030 Engineering Services 399 -Iola!: ((((1 111112012 1-70-480-8000-4.3030 Engineering Services 101 11101.'2012 (10 1-494-9100-43030 Frigincering Services 101 Total; 402 114/1'2012 I.:10:1_9400-13030 Engineering Services 102 Total: 411,3 11111120(2 .1 19-,-181)-8000-43030 Engineering Services (0 1 Will: 41(1 I 1/01/2012 409_480_800043 030 1-,:ligineering Services 404 Total: •1115 I 1311121112 409480-8000-43 - Engineering Services 11)5 Total: 406 I IAA /2012 601-494-9400-43030 Engineering Services 406 Total; 407 11101/2012 61.11-494-9,,100-,131.1.30 Engineering Services 407 Total: 108 111012012 601-194 -9100-43030 Engineering Services 408 -Fond: FC/C111S Total: 1-XL,1 N Inc. Oct 2012 11411/2012 101 -410- 13 20-43 I 00 Assessing Services Oct 2012 Tom!: AP - Iso 13e Paid Proof List. ( 1 11(1I 12 - 12:58 ['N)) 191.50 314.50 4.728.33 9-10,50 940.50 59,1)(1 50.00 1.075.32 1.075.32 1.1312.50 1,041.50 133.50 133.50 18.686.43 18,686.4.3 1.648.55 1.6,18.55 225.00 725.00 3.313,54 3,313.54 -)9_50 (319.50 619.50 47,193.71 2000. 2,0(10.00 0.00 11072012 Wash (...4y Oeino 11,111 Reclamation Proj 0,00 11417,12012 i\1N Dot Hilton Trail 0,00 11/07/2012 Pevelopment - Whislling Valle) III 1100 11107;2012 2011 Street & Water Qualitv Improvcincrils 0,00 It4)712012 10th Street InEraslructure Planning 0.00 1 /07/-4112 31\4 Litigation 0.00 114)7,0012 eats Ave N4SA Sheet & Trunk Main 0.00 11/07/2012 Deniontreville Highlands Street linprov 0.00 11/07/2012 Olson Lake Irail Sewer Extension 0,00 I 1/07f20 12 Old Village Municipal Sanitary Sewer 0.00 I i07120 I 2 Inwood Ave Trunk NValermain 0.00 11107/2012 ater System Design Phasing 0.00 1 1/07/20 1 2 Supply Well_ & Ptimphouse 4 0,00 11/07/2012 Msessing Services - October 2012 No No No No No No Nli No No No No Nn No No 01100 0000 (11)00 0000 0000 0000 (1111.11) 0000 00011 00011 0000 0000 (MOO 0000 lin oice t-1 ivy Pale Amount Quantity [nit Date ,!scriptiou Reference Task `1)iie I!O 0 (,.-19.5e POILiiie tt FNA,, Lo(al: ION 11 1 1 11, SFAL.CnAT INC, 1-1110.1 Pay Apr 10/1217012 10,600.00 0,00 1 1f0720 I 2 201 2 Craek Seal Project Final payment No 0000 4 1 9-1S0-8000-45300 Improvements Oilier I him 111rIgs Final Pat 'pi' Total: 19,600.0i) Ciopliseal T nial 19,600.00 (AZ Al'iliCR (iraPhic: Res'olIrces 4,1027 10i251/2011 113.27 0,00 1E0712012 Dept or inspections Forms No 0000 1 0 1-470--1400-120011 (Mice Supplies 44022 'I otal: 113.27 CRAPHICA !utak 113.27 I 1ER 4FAK Heritage. Fanny 1 loniemvners An 1 1,1/2012 11/01/2012 425,47 0,00 11/07/2012 kteltind Overpament on SIN Acennot No 0000 603-00o-0000-37100 Sin-Ince Winer Utility Sales I EP?012 1 otal: 725.42 HERIT FAR 1 otal: 725,42 KINIFINO 1:1,1\1 Engineering, Inc. 4651 10/1212012 1.50 0.00 1 1 /07/)0 12 Plan Rol W 0 F-inolti le antenna No 0000 803-000-0000-22900 DtTosits Payable 4651 rola!: 1,500.00 KEMEN( i Total: I,500.0)) IvIANKA TOW klankato NVeb Design 107 10/ 79//01 2 150.00 0.00 11/0712012 Websile klaiatennnee No 0000 10 10- 1-150-13 180 !Minim -Mon eclinology/Weh 107 1 obit: 150.00 MANK IWA' 1 mar 150,00 11-11DFENCT 1\ lid \\est Fence 146:409 10;2.5;2012 1,196.00 0.00 11/072012 Fence Deinontreville park 0) 5300 Improvements Other Than BIclgs 1.16309 1 96.00 MIDFLT,NCE Total; 1,196.00 iu iie Paid ['tool! ist (1 En 112 - 1258 PNI) No 0000 Page 5 thvoice Inv Date Amount Quaid ity Lnii Date .iescription Reference Task Type PO it Close l'OLine fi r\-111.:TEItEXIler Exc;-ivating, Inc, 166q0 10.29/2012 101-130.3 120-13 1.50 Contract Services 16690 Total,' N111.111EX Total: iNnITICE N 41\1 (')nice Admin Ilearings 47831A 07/31/2012 101-410-1320-43010 Legal Services 47831A Total: kINOFFICP NA1121:41() Notional RcprogiapIties., 80167 10;30/2012 101 -410-13 20-42030 Printed Forms- 80167 Fond: NA3'REPR.0 Total: NCPERS 566200-NCPERS NIINNESu A 3662812 10/13/20 I ? 101-000-0000-2.1 708 Other Benclits 5662812 Ina]: NC,PPRS PERFOR PerfOrtnanee Plus 3342 10i24120 12 101 -130-2220-T1370 1,onlerence5'& 4 raining, 3342 Total: IT,RFORNTA Total: ROGERS Rogers Printing Services, Corp 18939 09/24/2012 60 /-194,.1)400-12030 Printed Forms 1 893q 1Wt 1F,RS otal: STAN1 Siantec, Consulting, Services 1375149 10P-4/2017 4 19-480-8000-43030 Engineering Services. 625149 'lora!: ---------------------- 270.00 0,00 1141772012 Grading Gravel Roads 27(1.00 770,00 1231136 0.00 II/07;2012, Detachment Related Mailers 12,312,36 1 /,3 1.2,36 174,35 0.00 1 1/07/20 12 Employee. IlanObook 174,35 174.35 1 P.M 0.00 I 1/07/2012 -November 2012 Deduction 112,00 I 12,00 525,00 0.00 1 .1107/2012 Aimual SC13Jk FIT s 525,00 525.00 5 P.47 0.00 I 110717012 Utility Billing Paper 517_417 512.47 17,300,66 0.00 1 1/07120 1 2 2(112 SIscel & Water Quality Improvements 17_300.66 No 00181 No 0000 No 0000 No 0000 No 0000 No WOO No 0000 AP - To lie Paid Proof List t 11/0112 - 1.2:58 PM) Pag' 6 Invoice tt inv Date S1ANTFC Amount Quantity I/Int Date ,escription Reference S I PAU! St Pant titanip 1Volks, Inc. 763054 10/2212012 101-410-1910-44300 Miscellaneous '263954 lotal; sipAtil. SWAVC S W.AVC Service Cooperatives 12,112012 10,129(2012 101-000-0000-21706 Medical Insurance 1211/2012 lob& SWAVC Fowl: TASCI1 1.A. SehilSky &Sons Inc 54146 10023/2012 101-430-3120-42240 Street Maintenance 111aterials 54146 Total: 1 ASC11 Total: TR.KUTf 1 ruck Utilities Inc. 2,15519 161761)0 P 101-430-3120-42210 Equipment Parts 2-15519 Total: IRK1111 VIKING 1 VIRING INDUSTRIAL CENTER 311)268 10/23/2011 101-130-3100-14300 Miscellaneous .310268 Total: V1K1NCi 1 -lotal: WASTICOI\IS Washington Conservation Dist. 2484 00/30;2012 603-496-9500-44370 (fon lerences & 'Frain ing 2,184 I otai: \VAS(ICUNS Ap - In Paid Proof I _is( (11/0(/11 - 12:58 I'M) 17,300.66 67.75 (1.00 1 1 /071)012 Dog Tags 67.75 67,75 Task 'Fype tO II lose POI,ine it 10,008,00 0400 1110712012 December 2012 Premiums No 0000 10.00S 00 I 0,008,00 1,11.92 0.00 11,'07/2(112. Asphall No 0000 141.92 141.92 26.85 0,00 11107;2012 I lyd. Huse 98-1 No 0000 26.85 26.85 312.40 0.00 11/0712012 Class 111 Safety winter coats No 0000 312.40 312.40 554.25 0,00 11/07/2012 551.25 554..25 ed cduca 0000 ('age 7 Ilm-oice ft 1111late Amount Qitiiity hut Date ...escriptiun Reference Type PO # (.iuse "'Mine tt \V11.3)%1T)(112 NVILL)11/0( It) 1 (0)(lF 1629 09/25/2017 219,74 0.00 11/0772012 Rootti lin' Seminar I I I 0-1 3 20- -I 13R1) Staff Development 1(.29 Total: 219.74 1611,1)1\ 04)111 Tota1: 219,74 X("11.N eel Energy 51-0117111-0 11/01/2012 26.13 0.00 11707/2012 Virelcoine Sign 101-430-3160.13810 Street Lighting 51-0117414-0 Total: 26,1,1 51-0630620-5 I 17012012 514.42 0.00 11/0772012 Library 206-150-5300-13810 Electric:130111y 51-0630620-5 otal: 5 41.42 51-1504807-7 11/01/2012 3(1,49 0.00 11/0772012 14ght5 at Legion Park ..450_5200-43810 Llectric ( Itility 51-15048(17-7 11701/2)112 43.13 0.00 11707/2012 110 Station 602-195-9150-13810 Electric Utility 51-15111807-7 1171)172011 22.71 (1310 11107/2012 Trallie Lights 101-130-3160-438 I() Street Lighting 51-4503807-7 1 tal: 96,36 51-15729-15-7 1170172012 28.96 0.00 11707/2012 Street Lights 1(11-430-3160-43810 Street [joining 51-4572915-7 Total: 28,96 51-1-576136-3 11/0172012 293.10 0.00 11/07/2012 Fire Station 2 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 293,1(1 51-4733556-8 1110112012 9.89 (1.00 11/07/2012 1 cnnis Court 101-150-5200-713810 Electric 1...ltility 51_1733556-8 1 utak 9,89 51-5014719-0 1170117012 57.55 0,00 11/07/2012 Parks Ulr)e 101-450-5200-43810 Flectric 51-5(311219-0 Total: 57.55 51-5275289-3 11/01/2012 26,56 0.00 11/07/2012 Pebble Park 101 -450-5200-138 0 llectric 1Ttility 51-5)75289-3 Total: 26.56 51-5512332-2 11/01/2012 22.97 0.00 1110772012 Traffic Lights 10 1-130-3160-13810 Street 1.ie0tlIg 51-5522332-) total: 22.97 51-5747685-4 1 I/0 N2012 87.5(1 0.00 11/07/2012 Arts Center 101-450-5200-43810 Electric 51-5717685-1 Total: 87.5(1 51-5916013-7 11/0172012 17.95 0.00 11707/2012 Lill Station 007-195-915(1-43810 Electric 1 51-5916043-7 17,1)5 - To )3e Paid Proof ist 111,01/12 - 12:58 PM No 0000 No 06100 No 0000 No 0000 No 0000 No (1000 No 0000 No 0000 No 01)00 No 0000 No 011011 No (MOO No 0000 341 ()Mitt Page 8 Invoice 0 Inv C)a I e A mount Qua n I PM( Date I) escription Reference Task 'Fyne tt Close VOLine t$ 51-6129583-8 11101/2012 tio2_495_9450_43811,1 Electric 51-61 )9583-8 'Foial: 51-6433976-2 11/01/2012 101-120-2220-43810 Fleetric 1..ltility 51-6433976-2 'Fool: 51-6625157-1 11.411/2012 101-150-5200-13810 Clectrie 1.101ity 51-6625457-1 'Iota!: 51-6928283-3 11;01/2012 101-430-3160-13810 Sirect 51-6928283-:4 1 eta!: 5 I -81-'6093-5 1110172012 (i01-101-9100--13810 Electric: Utility 514;116093-5 'total: 51-8711719-3 11/0112012 101-130-1160-13810 Streol 51-871170-3 M:1--11. Total: 71110 IVIAN Joan Ziertinall Oct 2012 1 I/0112012 601-194-9400-43150 Conti -act Si ices Oct 2012 11/01/2012 602-195-9450-43150 Cootraet Services Oct 2012 11/01/2012 603-196-9500-13150 Contract Services Oct 2012 I1/01/2012 101-110-1520-43150 C'ontract Services Oct 2012 Total: IFK17\1AN Totak RepOri 1 Laid: --yl-~•- -Y.-- 15.68 0.00 11J07/2012. Lill Stalin 1.5.68 265.86 0.00 114/7/2012 Eire Station )05,86 0,00 11117;2012 Legion park 43,05 26.-2.3 0.00 I 1/07/2012 '6,73 31.09 0,00 11/07/2017 \\'atcr '))‘ver 2 31.09 10.97 0.00 II/07/2012 Speed Sign 111v) 5 10.97 1_574.28 595110 0.00 1 C07/2012 October Clerical Services 148.75 0,00 114;7/2012 OctoNer Clerical Services 1.487.50 0.00 11707/2012 1 /dober Clerical Services 713,75 0,00 11/0712012 October Clerical Services 7,975.00 7,975,00 123,307,31 No 0000 No 0000 No 0000 Nn 0000 No 0000 No 0000 No 00(10 No 0000 No 0(100 No 0000 - I1c Paid Prooftisi (II:01;12 - 12:58 17701) Page 9 T1 IF (1-1- A IN' E MAYOR AND COUNCIL COMMUNICATION DATE: 11/07/2012 CONSENT ITEM #: 3 MOTION Consent Agenda AGENDA ITEM: Post -Issuance Tax Compliance Procedures for Tax -Exempt Bonds SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve the adoption of the attached Post -Issuance Tax Compliance Procedures for Tax Exempt Bonds. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In the recent bond issuance process, it was found that The City of Lake 7.1mo does not have any formal procedures related to the procedures performed after the issuance of tax-exempt bonds. At the recommendation of the bonding legal counsel, the attached procedures were drafted for adoption by the City of Lake Elmo. These procedures will document and ensure that the City can, be and is reimbursed for all expenses paid prior to bond issuance out of the bond issuance funds. RECOMMENDATION: It is recommended that the City Council authorize the adoption of the attached Post - Issuance Tax Compliance Procedures for Tax -Exempt Bonds. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. ATTACHMENTS: 1 Post -Issuance Tax Compliance Procedures for Tax -Exempt Bonds City of Lake Elmo, Minnesota (the "Issuer" or "City") Post -Issuance Tax Compliance Procedures For Tax -Exempt Bonds Dated: November 7, 2012 Purpose These procedures are adopted by the Issuer to ensure that interest on tax-exempt bonds of the issuer (or "Bonds") remains excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). These written procedures are intended to formally memorialize certain policies and practices of the Issuer previously adopted or followed by the Issuer in connection with its issuance of Bonds. The Issuer reserves the right to use its discretion as necessary and appropriate to make exceptions to these procedures as facts and circumstances warrant. IL Expenditure/Use of Bond Proceeds A. Expenditure of Bond proceeds will be regularly reviewed by the City Finance Director for consistency with the Bond documents, including any Bond Resolution and the Issuer's Tax Certificate. B. The Issuer has separately established procedures for preparation and review of requests for Bond proceeds as part of its accounting system. C. Requests must identify the Bond -financed property in conformity with the Issuer's Tax Certificate executed at closing of the Bonds, including the character of the Bond - financed property. Such information is contained as part of the Issuer's accounting system codimz. D. None of the proceeds of the Bonds will be used to reimburse the Issuer for costs paid prior to the date of issuance of the Bonds unless the Issuer shall have fully complied with Section 1.150-2 of the Treasury Regulations with respect to such reimbursed amounts, which section is summarized in Exhibit A hereto. E. Staff costs may be financed with Bond proceeds only to the extent that they are properly capitalized as a cost of a capital project under generally accepted accounting principles and federal tax law. F. A "final allocation" of Bond proceeds to uses shall be made not later than 18 months after the in-service date of the Bond -financed property (and in any event not later than 5 years and 60 days after the issuance of the Bonds and not later than 60 days after earlier retirement of the issue) in a manner consistent with the Code and Treasury Regulations and the applicable Tax Certificate. G. Expenditure of proceeds of the Bonds will be measured against the Issuer's Tax Certificate expectation to spend or commit 5% of net sale proceeds within 6 months. to spend 05% of net sale proceeds within 3 years, and to proceed with due diligence to complete the capital project and fully spend the net sale and investment proceeds. In the event that exceptions under the Code are not met, calculations of rebate liability will be performed or caused to be performed by the City Finance Director as provided herein. H. If there are any Bond proceeds remaining other than in a reserve or debt service fund established pursuant to the Bond Resolution after completion of the projects, such proceeds shall be applied in a manner consistent with the applicable Bond Resolution and Tax Certificate or pursuant to advice from Bond Counsel. 1. In the event that Bond proceeds are to he loaned to a conduit borrower, such conduit borrower will be required to agree to all terms of the Tax Certificate and provide evidence of post -issuance tax compliance procedures deemed adequate and consistent with those set forth herein; and all such obligations for post -issuance tax compliance shall be assumed by such conduit bon-ower. The City Finance Director shall be the primary contact for all conduit borrowers and related compliance matters. III. Use of Bond -Financed Property A. Use of Bond -financed property when completed and placed in service will be reviewed by the City Finance Director. Appropriate department/facility managers, including staff responsible for asset management, shall be trained regarding restrictions on the use of Bond proceeds and facilities financed thereby and instructed to consult with the City Finance Director regarding any third -party contract concerning use of the facilities, including without limitation leases, use, management or service contracts. and research contracts. B. Upon issuance of Bonds, there shall be no expectation that the Bond -financed property will be sold or otherwise disposed of by the Issuer during the term of the Bonds, except for replacement due to normal wear and tear or obsolescence. C. Agreements with third parties for lease, use, management, or any other service agreement or research contract with respect to, or non -governmental use in respect of. Bond - financed property will he reviewed prior to execution for compliance with the Code. Such agreement will be approved by the City Finance Director, who will be responsible for determining whether the proposed agreement (1) results in private business use of the facilities. and (2) if applicable, meets the compensation, term and other requirements under Revenue Procedures 97-13 (included as Exhibit B hereto) and 2007-47; all upon advice of Bond Counsel. as necessary. D. No item of Bond -financed property will be sold or transferred by the Issuer without approval of the City Finance Director, who shall seek advice of Bond Counsel as necessary, to provide guidance as to "remedial action" that may be required under the applicable Treasury Regulations if Bonds financing such property remain outstanding as of the date of sale or transfer of such property. Remedial action is summarized in Exhibit C hereto. -7- E. The Issuer acknowledges that any sale, transfer, change in use, or change in users of the Bond -financed property may require remedial action, as previously described, or resolution pursuant to the IRS Voluntary Closing Agreement Program (or "VCAP") to assist in resolving violations of the federal tax laws applicable to the Bonds. IV. Investments A. Investment of Bond proceeds in compliance with the arbitrage and rebate requirements of the Code and applicable Treasury Regulations will be managed and supervised by the City Finance Director. B. Guaranteed investment contracts ("GICs") will be purchased according to the fair market value provisions of applicable Treasury Regulations, including bid requirements and fee limitations. C. Calculations of rebate liability will be performed annually by the City Finance Director or by outside consultants as delegated by the City. D. Upon final expenditure of the gross proceeds of Bonds, and in any event promptly following the fifth anniversary of the date of issuance of the Bonds or earlier retirement of the Bonds, the City Finance Director will consult a qualified professional to prepare a spending exception report or an arbitrage rebate computation (as applicable) for the issue of Bonds. E. Rebate payments, as required based upon the advice of a qualified professional, will be made with Form 8038-T no later than 60 days after (a) each fifth anniversary of the date of issuance of the Bonds and (b) the final retirement of the Bond issue. V. Record Management and Retention A. Management and retention of records related to Bond issues will be maintained by the City Finance Director. B. Records for Bonds will be retained for not less than the life of the Bonds, plus any refunding bonds, plus three years. Such records may be in the fon-n of documents or electronic copies of documents, appropriately indexed to specific Bond issues and compliance functions. C. Retainable records pertaining to Bond issuance shall include a transcript of documents executed in connection with the issuance of the Bonds and any amendments; and copies of rebate calculations and records of payments, including Forms 8038-T. D. Retainable records pertaining to expenditures of Bond proceeds include requisitions; trustee statements, if applicable; and final allocation of proceeds. E. Retainable records pertaining to use of Bond -financed property include all third - party contracts concerning use of the facilities, including (without limitation) leases, use, management or service contracts, and research contracts. -3- F. Retainable records pertaining to investments include G1C documents under the Treasury Regulations. records of purchase and sale of other investments, and records of investment activity sufficient to pen -nit calculation of arbitrage rebate or demonstration that no rebate is due. VI. Overall Responsibility A. Overall administration and coordination of this policy and the procedures set forth herein are the responsibility of the City Finance Director. B. Review of compliance with this policy and the procedures set forth herein shall be undertaken periodically, and in any event, not less than annually. C. The Issuer understands that failure to comply with these policies and procedures could result in the retroactive loss of the exclusion of interest on Bonds from federal gross and Minnesota taxable net income; and, thus, it would be advisable to consult with Bond Counsel in advance regarding deviations from the facts and expectations as set forth in the closing certifications relating to any issue of Bonds. D. Any violations or potential violations of federal tax requirements shall promptly be reported to the City Finance Director, and the City Finance Director will engage qualified consultants and bond counsel to further investigate potential violations or undertake appropriate remedial actions, which actions shall be approved by the governing body of the Issuer. -4- EXHIBIT A REIMBURSEMENT BOND SUMMARY Following is a general summary of the requirements relating to bonds that arc issued to reimburse expenditures that were paid prior to the date of issuance of bonds ("Reimbursement Bonds"). Reimbursement Bond proceeds cannot be used to reimburse expenditures paid more than 60 days prior to the adoption of the declaration of official intent/reimbursement resolution, which must contain: • a general functional description of the property to which the reimbursement relates or an identification of the fund or account from which the expenditure is to be paid and a general functional description of the purposes of such fund or account; and • the maximum principal amount of debt to be issued. Reimbursement Bonds must be issued not later than 18 months after the later of (i) the date on which the original expenditure is paid, or (ii) the date on which the property is placed in service, but in any case not more than three years after the date on which the original expenditure is paid. If possible, actual reimbursement should be made within 30 days of the date of issuance of the Reimbursement Bonds. Note that there are exceptions for "de minimis" amounts (not in excess of the lesser of 5100,000 or 5% of proceeds of the issue) and for "preliminary expenditures" (such as architectural, engineering, surveying, soil testing and similar costs and costs of issuance), so long as such preliminary expenditures do not exceed 20% of the aggregate issue price. A-1 EXHIBIT B SUMMARY OF REVENUE PROCEDURE 97-13 Background A management, service or incentive payment contract with a private service provider with respect to tax exempt bond -financed property may result in private business use of that property, based on all facts and circumstances. None of the compensation may be based on a share of net profits. Revenue Procedure 97-13 establishes conditions under which a management contract generally does not result in private business use. Issuers and bond counsel typically attempt to satisfy, or substantially satisfy, one of these "safe harbors" because of uncertainty as to the treatment of nonconforming contracts. Below is a brief summary of the provisions of Rev. Proc. 93-17, as modified by Rev. Proc. 2001-39. Rev. Proc. 93-17 establishes conditions based on (1) the compensation arrangements and the term of the agreement, and (2) whether the service provider has any role or relationship with the "qualified user" that substantially limits the qualified user's ability to exercise its rights under the contract. General Rules In all events, the contract must provide for reasonable compensation for services rendered, with no compensation based, in whole or in part, on a share of net profits from the operation of the facility. Reimbursement of the service provider for actual and direct expenses paid by the service provider to unrelated parties is not by itself treated as compensation. The compensation, with the percentage determined by the term of the contract, subject to additional conditions, as described under "Compensation Safe Harbors" below, generally may be computed by: (A) a periodic fixed fee, which is a stated dollar amount for a specified period of time; (B) a percentage fee, which is a percentage of gross revenues (or adjusted gross revenues) of the facility or a percentage of expenses of the facility, but not both; (C) a capitation fee. which is a fixed periodic amount for each person for whom the service provider or the qualified user assumes the responsibility to provide all needed .1. "qualified user" of the financed property is a state or local governmental unit (or instrumentality thereof) or a 501(c)(3) organization if the financed properm is not used in an unrelated trade or busmess under section 513(a) of the Internal Revenue Code.. A periodic fixed fee rna\ include an automatic increase based on a specific, olijecnve, external standard thai is not linked to the output or efficiency of the facility in question. services for a specified period so long as the quantity and type of services actually provided to coveted persons varies substantially'; (D) a per -unit fee, which is a fee based on a unit of service specified in the contract or otherwise specifically determined by an independent third party or the qualified user; or (E) a productivity reward equal to a stated dollar amount based on in' creases or decreases in gross revenues (or adjusted gross revenues), or reductions in total expenses (but not both increases in gross revenues (or adjusted gross revenues) and reductions in total expenses) in any annual period during the term of the contract. The service provider must not have any role or relationship with the qualified user that, in effect, substantially limits the qualified user's ability to exercise its rights, including cancellation rights, under the contract based on all facts and circumstances. The relationship does not limit the qualified user's ability to exercise its rights if the following conditions arc satisfied: (1) not more than 20 percent of the voting power of the governing body of the qualified user in the aggregate is vested in the service provider and its directors, officers, shareholders, and employees, (2) overlapping board members do not include the chief executive officers of the service provider or its governing body or the qualified uscr or its governing body, and (3) the qualified uscr and the service provider are not related parties. OMPENSATION SAFE HARBORS A management contract generally will not result in private business use if the compensation arrangement meets the criteria in one of the following categories: 50°,/o Periodic Fixed Fee Contracts At least 50 percent of the compensation for services for each annual period during the term of the contract is based on a periodic fixed fec; the term of the contract, including all renewal options' in favor of the service provider, does not exceed 5 years; and the contract is terminable by the qualified user of the facility on reasonable notice, without penalty or cause, at the end of the third year of the contract term. 80% Periodic Fixed Fee Contracts capitation fee mav include an automatic incrcasc based on a specified, objective, external standard that is not linked to the output or efficiency of the facilitY, A capitation fee may also include a variable component of up to 20 percent of the total capitation fee designed to protect the service provider against risks such as catastrophic loss, \ pet odic fee may inc1udinclude an automatic increase based on a specified, objective, external standard that is not linked to the output or efficiency of the facility. A provision under which a contract is automat callv renewed absent cancellation by either parry is not a renewal option (even if it is expected to be renewed). At least 80 percent of the compensation for services for each annual period during the term of the contract is based on a periodic fixed fee; and the term of the contract, including all renewal options in favor of the service provider, does not exceed the lesser of 80 percent of the reasonably expected useful life of the financed property and 10 years. For purposes of this safe harbor (but not the 50% periodic fixed fee safe harbor), a one-time incentive award during the term of the contract under which compensation automatically increases by a single, stated dollar amount when a gross revenue or expense target (but not both) is reached may be considered part of a fixed fee arrangement. 95`,110 Periodic Fixed Fee Contracts At least 95 percent of the compensation for services for each annual period during the term of the contract is based on a periodic fixed fee; and the term of the contract, including all renewal options in favor of the service provider, does not exceed the lesser of 80 percent of the reasonably expected useful life of the financed property and 15 years. For purposes of this safe harbor (but not the 50% periodic fixed fee safe harbor), a one-time incentive award during the term of the contract under which compensation automatically increases by a single, stated dollar amount when a gross revenue or expense target (but not both) is reached may be considered part of a fixed fee arrangement. Capitation Fee Contracts (with or without fixed fees) All of the compensation for services is based on a capitation fcc or a combination of a capitation fee and a periodic fixed fee; the term of the contract, including all renewal options in favor of the service provider, does not exceed 5 years; and the contract is terminable by the qualified user of the facility on reasonable notice, without penalty or cause, at the end of the third year of the contract term. Per -unit Fee Contracts (with or without fees) All of the compensation for services is based on a per -unit fee or a combination of a per -unit fee and a periodic fixed fee; the term of the contract, including all renewal options in favor of the service provider, does not exceed 3 years; and the contract is terminable by the qualified user of the facility on reasonable notice, without penalty or cause, at the end of the second year of the contract term. B-3 Percentage of Revenue or Expenses All the compensation for services is based on a percentage of fees charged or a combination of a per -unit fee and a percentage of revenue or expense fee; the term of the contract, including all renewal options in favor of the service provider, does not exceed 2 years; and • the contract is terminable by the qualified user of the facility on reasonable notice, without penalty or cause, at the end of the first year of the contract term. During the start-up period, however, compensation may be based on a percentage of either gross revenues, adjusted gross revenues, or expenses of a facility. The contract must be terminable by the qualified user on reasonable notice, without penalty or cause, at the end of the first year of the contract term. This safe harbor applies only to contracts under which the service provider primarily provides services to third parties and management contracts involving a facility during an initial start-up period for which there have been insufficient operations to establish a reasonable estimate of the amount of the annual gross revenues and expenses (for example, a contract for general management services for the first year of operations). Revision of Compensation Arrangements Please note that if the compensation arrangements of a management contract arc materially revised, the compensation arrangements are "retested" as of the date of the material revision, and the management contract is treated as one that was newly entered into as of the date of the material revision. B-4 EXHIBIT C REMEDIAL PROVISIONS APPLICABLE TO BONDS The Issuer acknowledges that any deliberate action by the Issuer after Bond issuance that results in a satisfaction of the private business tests or the private loan test will result in private activity bond status unless one or more qualifying remedial actions are taken by the Issuer. Specifically, Treasury Regulations provide that actions arc not treated as deliberate actions if (A) five conditional requirements are met, and (B) one of three remedial actions is taken, with respect to the disposition proceeds and nonqualified bonds: CONDITIONAL REQUIREMENTS 1. Reasonable Expectations — Thc Issuer reasonably expected on the issuc date that it would not meet the private business tests or the private loan test for the whole term of the bonds; and 2. Reasonable Bond Maturity- — The term of the issue must not be unreasonably long; this requirement is met if the weighted average maturity of the bond issue is not greater than 120°/0 of the expected economic life of the property financed; and Fair Market Value Consideration — The terms of any agreement (relating to satisfaction of a private activity bond tcst) must be bona fide and at arm's-length, and the ncw user must pay a fair market value consideration for the use of the bond -financed property; and 4. Disposition Proceeds Are Gross Proceeds — The Issuer must treat any disposition proceeds as gross proceeds subject to arbitrage/rebate restrictions; and 5. Proceeds Spent for Authorized Purpose — Except as described with respect to redemption and defeasance options below, prior to deliberate actions, the affected proceeds must have been spent for the authorized purposes under the applicable bond documents. REMEDIAL ACTIONS — Under Treasury Regulations, Sections 1.141-12(d), (e) and (f): 1. Redemption of Non -Qualified Bonds — Under the general rule, all nonqualified bonds of the issue must be redeemed. Tax-cxempt bond proceeds (i.e., refunding bond proceeds) cannot be used unless the tax-exempt bonds are qualified bonds, taking into account the purchaser's use of the facility. The bonds must be redeemed within 90 days of the date of the deliberate action or a defeasance escrow for the bonds must be established within such 90-day period. Special rules apply to transfers exclusively for cash and to defeasance escrows. The portion of the outstanding bonds in an amount that, if the remaining bonds were issued on the date on which the deliberate action occurs, the remairUng bonds would not satisfy the private business use test or the private loan financing test, as applicable. The amount of private business use is the highest percentage of business use in allV one-Vettr pennd. commencing With the deliberate action C -1 Alternative Use of Disposition Proceeds — To meet this requirement, all disposition proceeds must be in cash, the issuer must reasonably expect to expend the proceeds within 2 years, the new use must not meet the private business tests or the private loan test (and the issuer cannot take any action subsequent to the date of the deliberate action to cause the tests to be met), and any unused proceeds must satisfy the redemption requirement in the preceding paragraph. 3. Alternative Use of Facility — This remedial action is satisfied if the bond -financed property itself (as distinguished from the proceeds of the issue) is used in an alternative manner (e.g., for a different purpose or by a different person); the nonqualified bonds are treated as reissued on the date of the deliberate action and independently meet all of the requirements for tax exemption under Sections 141 through 150 of the Code, except the arbitrage and rebate rules of Section 148, for the remaining term of the nonqualified bonds; the deliberate action does not involve a transfer of the property to a purchaser that finances thc acquisition with the proceeds of another issue of tax-exempt bonds; and any disposition proceeds, other than those arising from an agreement to provide services, resulting from the deliberate action are used to pay debt service on the bonds on the next available payment date or escrowed within 90 days of receipt and yield restricted to pay debt service on the next available payment date. The above is only a brief summary of remedial actions, and additional special rules may be applicable. As provided in the Issuer's Compliance Procedures for Tax -Exempt Bonds, the City Finance Director shall seek advice of Bond Counsel as necessary to provide guidance as to "remedial action" that may be required under the applicable 'Treasury Regulations. The Commissioner of the IRS may, by publication, provide for additional remedial actions. In addition, the IRS provides a program in which issuers/borrowers which cannot meet a listed remedial action can enter into a closing agreement with the IRS to avoid private activity bond status. The closing agreement program includes several conditions, including providing for the redemption of the bonds and paying the IRS an amount based on an assumption that the non -qualified bonds are taxable from the date of the subsequent act until they arc redeemed_ C-") CathyBendel Prom: To: Cc: Subject: Attachments: Hanson.Jennifer@dorsey.com Tuesday, August 21, 2012 9:42 AM Cathy Bendel; Dean Zuleger ctebbitt©northlandsecurities.com reimbursement, post -issuance compliance Written Procedures -City of Lake Elmo.doc Follow Up Flag: Follow up Flag Status: Completed Pl)%: p±";".jss'uarr::€: Lreir-1 t.J.t ccittryttif ty.,1 form so3s-a you lcae"ves' Propose adoivcTIT.mena'Afing,.; the !meet oc:- the attachec protetnte.s. Court,nct. arE hzr\le adoP7:ed 4-2:7L':retECaV.e:O" ccnr nDr;,:: tne de of at,ityprion? Th2,70:tt From: Hanson, Jennifer Sent: Monday, August 13, 2012 11:25 AM To: Cathy Bendel (c.bendel(a)lakeelmo.or5); Dean Zuleger (dzulegercalakeeimo.ora) Cc: ctebbittdmorthlandsecurities.com Subject: RE: Lake Elmo --question about use of 2012B bond proceeds ETe tKyvc att, C:(,05k1,E '-:;roF mt,e,cf: tct c.:-.),:nOrttte the F'.'LT.om ',;?.jtrayorsern,tzrtt City intenclz tc, make on 1-2ctnd ptatte,,t:'(AF ri':ro,att%t pa',crr, 2:7;11,2F: From: Hanson, Jennifer Sent: Monday, July 30, 2012 3:40 PM To: Cathy Bendel (cbendel(a)lakeelmo.ora); Dean Zuleger (dzuleuenE:21akeelmo.org) Cc: ctebbittanorthiandsecurities.com Subject: Lake Elmo --question about use of 2012B bond proceeds Hi Cathy and Dean, just wondering whether the City expects to use bond proceeds to pay itself back for any previously incurred costs and if so, the amount of such costs and when they were incurred (the IRS asks about this now on Form 8038). Thanks! Jennifer JenriA,... L. EiansoN Attorney . . . .......... ...... . . DORSEY & WHTtE LLP 4WAY . dorsev.com y ...... ^ .......... e • • y << OLE Object: Picture (Device Independent Bitmap) 2 TI J CITY' ( KE 1 MO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION November 7. 2012 4 2012 Crack Seal Project — Pay Estimate No. 1 (FINAL) Ryan Stempski, Assistant City Engineer Dean A. Zuleger, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to accept the work as recommended by the Assistant City Engineer and approve final payment to Gopher State Sealcoat, Inc., the Contractor for the 2012 Crack Seal Project in the amount of $19,600. The two-year warranty period will begin on November 7, 2012, and extends to November 7, 2014. STAFF REPORT: The 2012 Crack Seal Project has been fully completed. The project Certificate of Completion has been prepared by the Assistant City Engineer, and the term of the two-year warranty period has been established. Final Payment in the amount of 519,600 has been requested by the Contractor, Gopher State Sealcoat, Inc., based upon the work completed. The original construction contract was in the amount of 519,600. The project is being funded through the Infrastructure Reserves Fund. RECOMMENDATION: Staff is recommending, as part of the Consent Agenda, acceptance of the work and approval of Pay Estimate No. 1 (Final Payment) in the amount of $19,600 to Gopher State Sealcoat, Inc. The recommended motion for this action is as follows: "Move to accept the work as recommended by the Assistant City Engineer and approve Final Payment to Gopher State Sealcoat, Inc. for the 2012 Crack Seal Project in the amount of $19,600; to be paid from the Infrastructure Reserve Fund." ATTACHMENTS: 1. Certificate of Completion — 2012 Crack Seal Project 2. Pay Estimate No. 1 (FINAL) PROJECT PAY FORM PARTIAL PAY ESTIMATE NO, 1 (FINAL) ' 2012 STREET CRACK SEAL PROJECT ' PROJECT NO. 2U1I.115 PROJECT OWNER: CITY OF LAKE ELNO 38DULAYERmEAVENUE NORTH LAKE [L,Nn,AUN5sU42 ArTN: JACK GRIFFIN, P.[.'CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Date TOTALS NETCHANGE START DATE: SUBSTANTIAL cowpLETON: FINAL COMPLETION: Amount Additions Deductions $0.00 $0.00 9/z8/z01z uV31/2»12 FOCUS ENGINEERING, inc. PERIOD 0FESTIMATE FROM 9/18/2012 TO 10/12/2012 CONTRACTOR: GOPHER STATE5EAL[o4T INC. 1IS19RHODEISLAND AVENUE S. SAVAGE, K0NS5378 A7TN'[RAlGOiSWN'PROJECT MANAGER PAY ESTIMATE SUMMARY 1.Original Contract Amount 2.Net Change Order Sum lRevised Contract (l+Z) 4. *Work Completed S.*Stored Materials 6.5ubtnta| (4+5) 7.Retaina8e^ 8.Previous Payments 9.Amount Due (6-7-O) | *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS 43 REVISED DAYS o RswA|m/wm 19 ENGINEER'S CERTIFICATION: FOCUS Engiinc. The undersigned certifies that the work has been reviewed and mtheestimate are correct and the work has been performed in accordance ENGINEER' / best of their knowledge and belief, the quantities shown in this with��documents. L-/ CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that mthe best oftheir knowledge, information and belief the work covered bythis payment estimate has been completed inaccordance with the contract documents, that all amounts have been paid bvthe contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein in now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA By [VNTxA[T0x 13Y BY ON SCHEDULE YES NV /0-7S -- $19,600.01) $0.00 $l9'00Ol0 $I9'6OU.O0 $0.00 $I9'600.00 $0.00 ^ . FOCUS Engineering, inc PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. f 2012 STREET CRACK SEAL PROJECT CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2012.115 ITEM DESCRIPTION OF PAY ITEM 1 ROL) FE AND SEAL CRACKS TOTALS - BASE CONTRACT CONTRACT (Revised) UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT L05 i 1li 51.40 519,600.00 519,600.00 510,600.00 ENGINEERING, inc. THIS PERIOD TOTAL TO DATE $19,600.00 $19,600.00 $19,600.00 CITY' OF LAKE ELMO. MN 2012 CRACK SEAL PROJECT PROJECT NO. 2012.115 CERTIFICATE OF COMPLETION DATE OF ISSUANCE: November 7, 2012 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: GOPHER STATE SEALCOAT, PROJECT NAME: 2012 CRACK SEAL PROJECT PROJECT NO.: 2012.115 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following, specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated September 18, 2012. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: November 7, 2012 Ryan W. Stempski Reg. No. 45395 FOCUS Engineering, inc. THE WARRANTY PERIOD BEGINS November 7, 2012 AND ENDS November 7, 2014 MAYOR AND COUNCIL COMMUNICATION DATE: November 7, 2012 CONSENT ITEM #: 5 MOTION AGENDA ITEM: State of Minnesota Redevelopment Grant ProgramA Resolution Accepting the DEED Water System Infrastructure Grant SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to consider approving a resolution accepting the water system infrastructure grant from the State of Minnesota Redevelopment Grant Program. BACKGROUND INFORMATION: On March 14, 2010 the state legislature signed into law the Capitol Investment Bill. Included in the bill was a special appropriation under the Redevelopment Grant Account for the City of Lake Elmo in the amount of $2,000,000; where $1,000,000 must be used to design and construct an expansion of the city's water pumping, storage, and distribution system; and $1.000,000 must be used to design and construct the 194 to 30th St. Lift Station and Forcemain project. As a condition in the bill language, the special appropriation will not be available until the City has determined that an equal amount has been committed to the project from non -state sources. STAFF REPORT: City staff is working with the State of Minnesota. Department of Employment and Economic Development to complete the Water System Infrastructure Grant Agreement necessary to secure the funds for the City of Lake Elmo as appropriated by the state legislature. As a requirement of the Grant Agreement, the City of Lake Elmo must submit a resolution accepting the grant and committing the local match and/or non -state sources required for the project. A similar resolution was passed on May 18, 2010 for the Lift Station and Forcemain project. RECOMMENDATION: : Staff is recommending that the city council approve Resolution No. 2012-XX, accepting the water system infrastructure grant from the State of Minnesota Redevelopment Grant Program. The suggested motion is as follows: Based upon the above background information and staff report, it is recommended that the City Council move to approve the motion by undertaking the following action: "Move to Approve Resolution No. 12-KX' accepting the water .system iifratructz,re grant from the State of Minnesota Redevelopment Grant Program." ATTACHMENTS: L Resolution 20 P-XX CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2012-XX A RESOLUTION ACCEPTING THE WATER SYSTEM INF STRUCTURE G' NT FROM THE STATE OF MINNESOTA REDEVELOPMENT G NT PROG BE IT RESOLVED that the City of Lake Elmo act as the legal authority to enter into a grant agreement with the State of Minnesota through its Department of Employment and Economic Development for the special appropriation authorized by the Minnesota Session Laws 2010, Chapter 189, Section 21, Subd. 4; and BE IT FURHTER RESOLVED that the City of Lake Elmo is authorized to execute such grant agreements, and is authorized to take receipt of S1,000,000 in grant proceeds for Water Infrastructure System improvements and has authorized the Mayor and City Clerk to enter into an agreement with the State of Minnesota for the above referenced project; and BE IT FURTHER RESOLVED that the City of Lake Elmo has the legal authority to receive financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Lake Elmo has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Lake Elmo may enter into an agreement with the State of Minnesota for the above referenced projects, and that the City of Lake Elmo certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that the Mayor and the Clerk, are hereby authorized to execute such agreements as are necessary to implement the projects on behalf of the City of Lake Elmo. Resolution No. 201 e)-XX Date: , 2012 CITY OF LAKE ELMO ATTEST: Dean A. Zuleger City Administrator By: Dean A. Johnston Mayor CERTIFICATION 1 hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 7th day of November 2012, as shown by the minutes of said meeting in my possession. Adam Bell Deputy Clerk (Seal) Resolution No. 2012-XX "I'l 11-1 C1T1' LNKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: November 7, 2012 CONSENT ITEM #: 6 MOTION AGENDA ITEM: Keats MSA Street and Trunk Watermain Improvements — Approve Engineering Design and Construction Support Services Contract SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The city council is respectfully requested to consider awarding the Professional Engineering Design and Construction Support Services Contract for the Keats MSA Street and Trunk Watermain improvements to TKDA, Inc. in the estimated not to exceed amount of $77,000 plus a 55,000 engineering contingency for Valley Branch Watershed District (VBWD) permitting. STAFF REPORT: On October 2, 2012, following a public improvement hearing, the City Council authorized the preparation of plans and specifications for the Keats MSA Street and Trunk Watermain Improvement project. The City Engineer prepared a Request for Proposal (RFP) for Engineering Support Services that includes a full topographic survey. the preparation of the plans and specifications; plan printing, distribution and bidding services; limited construction administration support to the City Engineer; and construction staking. FOCUS Engineering will provide resident and council communication, conduct public meetings, project management, coordinate the project permitting, and will lead the construction administration for the project. FOCUS will also oversee the project design and quality control review, and provide the construction contract and master specifications to be incorporated with the project plans. Construction observation services will be retained at a later date once the project has been bid and awarded for construction. The RFP was sent to four firms from the City's Engineering Consultant Pool. including Bolton & Menk, SRF Consulting, Stantec Consulting, and TKDA. The proposals were received and ranked on the basis of: Project Team Qualifications with a focus on State Aid design, Demonstrated understanding and experience with the project and understanding of the critical success factors, Understanding the scope of work and the roles and responsibilities of the Consultant, Collaboration skills and responsiveness demonstrated during the RFP submittal process, Engineering Fees. The attached Table 1 summarizes the fees proposed by each consultant, ranging from S77.000 (924 hours of work effort) to $117,809 (1,109 hours of work effort). Engineering Fees are subtotaled for each project phase including Plans and Specifications, Bidding, and Construction Support Services (including construction staking). The City Engineer is recommending a contract be awarded to TKDA, Inc. TKDA has assigned a qualified team appropriate for the level of work required for this project, they were engaged and responsive throughout the proposal preparation process, they have demonstrated a thorough understanding of the work to be performed by them, and they were the lowest cost. The project Feasibility Report assumed that VBWD would not require the construction of Stormwater BMPs as part of the project. We plan to pursue project approval without Ston-nwater BMPs. However, if VBWD requires Storniwater BMPs. additional engineering services will be necessary. Therefore, the City Engineer recommends that the contract include an engineering contingency amount of $5,000 in the event Stonnwater BMPs are required for VBWD permit approval. RECOMMENDATION: Staff is recommending that the city council consider awarding. as part of the Consent Agenda, the Professional Engineering Support Services Contract for the Keats MSA Street and Trunk Watermain Improvements to TKDA, Inc. in the estimated not to exceed amount of S77,000 with a S5,000 contingency if required for Storniwater BMPs. ATTACHMENTS: 1. Table Proposal Cost Summary CITY OF LAKE ELMO, MINNESOTA Keats MSA Street and Trunk Watermain Improvements Project No. 2012.129 DATE: October 25, 2012 TABLE N . 1 PR P SAL C ST SU ARY Construction Consulting Firm Total Engineering P&S Bidding Construction Staking STANTEC Consulting Services, Inc. $99,885 $61,642 $2,149 $11,294 $24,800 TKDA, Inc. $77,000 $58,300 $1,900 $6,576 $10,224 Bolton & Menk, Inc. $88,888 $65,510 $2,424 $10,314 $10,640 SRF Consulting, Inc. $117,809 $77,027 $1,564 $10,026 $28,826 .47,43a...141411,41, MAYOR AND COUNCIL COMMUNICATION DATE: 11/07/2012 CONSENT ITEM #: 7 MOTION TO APPROVE AGENDA ITEM: Accept Resignation of City Clerk Sandie Thone and Approve Appointment of City Clerk Adam Bell SUBMITTED BY: Sandie Thone, City Clerk THROUGH: Dean A. Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda the City Council is respectfully requested to accept my resignation dated November 17, 2012 in which I have agreed to successfully see the city through the November 6, 2012 General Election and serve the thirty days designated per my employment contract from the date of my resignation. My last day working for the City of Lake Elmo will be November 16, 2012. I wish to extend my appreciation for the opportunity to serve the City of Lake Elmo and the community. I wish to sincerely thank all of those who have shown me such kindness and 1 leave knowing I have developed some good friendships and can feel good about the things we have accomplished together this year. As part of the Consent Agenda the City Council is respectfully requested to appoint Deputy Clerk Adam Bell as City Clerk. City Administrator Dean Zuleger has recommended Mr. Bell for the position of City Clerk citing his experience as a department supervisor for the Denton County Clerk's Office and his education which includes a Bachelor's degree from Gustavus Adolphus College and a Juris Doctor from the University of St. Thomas School of Law as assets to the position. Additionally, Mr. Bell has my complete support and confidence and will do well to serve the city as its next City Clerk. Adam has proven leadership qualities, a commitment to doing the right thing and strong initiative in analyziniz, processes and procedures for efficiencies. RECOMMENDATION: Staff recon2nzends the City Council accept the resignation of Citv Clerk Sandie Thone effective November 16. 2012 and approve the appointment ofAdam Bell as City Clerk fir the City of Lake Elmo at a starting salaty of $60.000 with a start date ofNovember 19, 2012. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-XX A RESOLUTION APPOINTING CITY CLERK WHEREAS, the City of Lake Elmo appointed Sandie Thone as City Clerk in April 2012; and WHEREAS, Ms. Thone submitted her letter of resignation on October 17, 2012 and her last day of employment with the city will be November 16, 2012; and WHEREAS, The City Council desires to fill the position internally by appointing Deputy Clerk Adam Bell to the position of City Clerk effective upon approval by the City Council. NOW THEREFORE BE IT RESOLVED, the City of Lake Elmo City Council appoints Adam Bell as City Clerk for the City of Lake Elmo effective upon approval. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF NOVEMBER 2012. (Seal) By: Dean A. Johnston, Mayor Sandie Thone, City Clerk Resolution 201 ?-XX SUBMITTED BY: THROUGH: REVIEWED BY: LAKE ELMO ---"-*"."'"onceueerernkrur,..nwrov MAYOR AND COUNCIL COMMUNICATION DATE: 11/7/12 REGULAR ITEM #: 8 RESOLUTION AGENDA ITEM: Conditional Use Permit/Grading Project — Gatsby Investors, LLC at 9242 Hudson Boulevard North Kyle Klatt, Planning Director Dean A. Zuleger. City Administrator Planning Commission Ryan Stempski, City Engineer Nick Johnson, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a Conditional Use Permit request from Joe Heinen, Gatsby Investors I, LLC for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard North. The proposed grading project would allow the expansion of the ski and snowboard demonstration area currently used by Summit Ski and Board Shop for outfitting customers, training, demonstrations, and marketing and promotional events. A conditional use permit is required for the grading because it would involve the moving of over 400 cubic yards of material per acre on this site. The recommended motion to act on this request is as follows: "Move to approve Resolution 2012-AA- approving a conditional use permit to allow a substantial grading project at 9242 Hudson Boulevard North." BACKGROUND INFORMATION: The Planning Commission reviewed this application at its September 10, 2012 meeting, and tabled taking action on the request at this time in order to give the applicant additional time to address deficiencies with the plans as submitted. The initial Staff report is attached to this memorandum, which includes a more detailed summary of the request, a brief overview of the site, along with the initial set of Staff review comments. Any revisions to this previous report were presented to the Planning Commission at its October 22, 2012 meeting and are include in the following sections of the Council summary. The revised set of plans and any updated Staff reviews arc also attached for consideration by the City Council. The updated plans have addressed the most immediate concerns from Staff regarding the proposed grading project by moving all grading and filling activity outside of the septic system drain field area and by providing for access to the proposed pond on the north half of the site. All other aspects of the submitted plans remain relatively unchanged from the previous submittal. The applicant has provided an updated project narrative (attached) that summarizes the revisions and provides a response to specific concerns from the City Engineer's last review. The City Engineer has reviewed the revised plans and provided his comments in the attached letter dated October 17, 2012. As a part of this letter, the Engineer includes several comments concerning the design and maintenance of the proposed ponding area. Ultimately, this pond is considered a critical component of the storm water plan for the property, and therefore will need to meet the City's design requirements for such areas. The specific issues associated with the pond that must be addressed are included in the City Engineer's comments and should be included as a condition of approval. Other concerns/issues that were identified by Staff previously are still applicable, and include the following: Written approval from the easement holder of the gas line that crosses the property must be obtained from this entity before any grading work may commence on the site. The proposed project will impact a large number of existing trees and vegetation on the property. The Planning Commission is recommending that the applicant be required to submit a landscape plan that includes a number of trees equal to 50% of the total that current exist on the site. Access to the ski hill should be primarily through the retail sales building since the ski hill is considered accessory to a permitted retail use. The applicant will need to secure a permit from the South Washington Watershed District prior to commencing any grading or filling activity on the site. Any lighting used on or around the ski hill must comply with applicable City requirements. Based on the revised submission materials, Staff would like to make the following additional comments and recommendations: The proposed grading and filling activity must not disturb the existing drain field. The applicant will need to adequately protect this area during construction and limit the extent of any grading and filling so that it does not negatively impact the operation or capacity of the on -site treatment system. 2 The plans will need to be modified to include all modifications requested by the City Engineer to bring the ponding area into compliance with City requirements. Any modifications required to obtain watershed district approval must also be submitted for review and approval by the City Engineer. The proposed access road to the pond is not wide enough to allow for sufficient public access. Although the proposed grading as proposed will allow for access, the access easement should be expanded to a minimum of 15 feet. • All other requirements as specified by the City Engineer in the attached review letter must be met by the applicant prior to the start of any activity associated with the submitted plans. PLANNING COMMISSION REPORT: The Planning Commission conducted a public hearing on the proposed Conditional Use Pen -nit at its September 10, 2012 meeting and did not receive any comments from public. During its review of the revised plans, the Commission reviewed the draft list of conditions as recommended by Staff and made revisions to two of the conditions and added two conditions as part of its recommendation. The revised conditions are listed as part of Resolution attached to this memorandum. The Commission found that the proposed grading project met the requirements for the issuance of a Conditional Use Permit and unanimously recommended that the City Council approve the request. RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the request from Joe Heinen, Gatsby Investors I, LLC for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard North by undertaking the following action: "Move to approve Resolution 2012-XX approving a conditional use permit to allow a substantial grading project at 9242 Hudson Boulevard North." ATTACHMENTS: 1. Draft Resolution of Approval Detailed Staff Report (from 9/10/12 Commission Meeting) 3. Land Use Application 4. City Engineer Review — 10/17/12 5. Applicant Response to Previous Review 6. South Washington Watershed District Comments 7. Location Map 8. Grading and Erosion Control Plans SUGGESTED ORDER 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 4 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2012-XX A RESOLUTION APPROVING A CONDITION4L USE PERMIT TO ALLOW THE GRADING AND EXCAVATING OF OVER 400 CUBIC YARDS OF MATERIAL PER ACRE AT .9242 HUDSON BOULEVARD NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Joe Heinen of Gatsby Investors 1, LLC, 595 Lake Ridge Drive, Shoreview, MN 55126 (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard North that will involve the moving of over 400 cubic yards of material per acre on the site, a copy of which is on file with the City; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.018-, and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 10, 2012 and further reviewed said application at its October 22, 2012 meeting,; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated November 7, 2012; and WHEREAS, the City Council considered said matter at its November 7, 2012 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit (CUP) are found in the Lake Elmo Zoning Ordinance, Section 154.018. 2) That the procedures for obtaining a grading and excavating permit are found in the Lake Elmo Zoning Ordinance, Section 151.017. 3) That all the submission requirements of said 151.017 have been met by the Applicant. 4) That the proposed permit is to conduct a substantial grading project at 9242 Hudson Boulevard North that will involve the moving of over 400 cubic yards of material per acre on the site. 5) That the proposed permit will be located on property legally described as follows and commonly known as 9242 Hudson Boulevard North: The South 675 feet of the West 333 feet of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21, Washington County, Minnesota. TOGETHER WITH That part of Southeast Quarter of the Southwest Quarter of Section 34, Township 29, Range 21. Washington County, Minnesota, described as follows: Beginning at the southwest corner of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 02 minutes 55 seconds East, assumed bearing along the west line of said Southeast Quarter of the Southwest Quarter, a distance of 1318.69 feet to the northwest corner of said Southeast Quarter of the Southwest Quarter; thence North 89 degrees 55 minutes 22 seconds East, along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 173.46 feet; thence South 16 degrees 08 minutes 55 seconds East a distance of 750.83 feet; thence North 89 degrees 57 minutes 05 seconds West a distance of 49.90 feet to the east line of the West 333 feet of the East Half of the Southwest Quarter of said Section 34: thence South 00 degrees 02 minutes 55 seconds West, along said east line, a distance of 597.17 feet to the south line of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 53 minutes 57 seconds. along said south line, a distance of 333.00 feet to the point of beginning. EXCEPT the South 675 feet of the West 333 feet of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21, Washington County. Miimesota. All in Washington County, State of Minnesota. PID Number: 02-029-2 1-21 -0003 6) That the proposed grading and excavating plans have been reviewed for consistency with the grading permit standards found in Section 151.017. 7) That the proposed grading and excavating plans are in compliance with said grading permit standards provided certain conditions of approval are met by the Applicant. 8) That the proposed grading and excavating project will not negatively affect the health, safety, morals, convenience, or general welfare of surrounding lands. 9) The proposed grading and excavating project will not affect traffic or parking conditions. 10) The proposed grading and excavating project will not have an effect on utility or school capacities. 11) The proposed grading and excavating project would have no effect on property values of surrounding lands. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Conditional Use Permit is granted subject to the following conditions: 1) Written approval from the easement holder of the gas line that crosses the property must be obtained from this entity before any grading work may commence on the site. 2) The applicant shall submit a landscape plan for review and approval by the Planning Director prior to the commencement of any grading or filling activity on the site. The landscape plan must include a total number of trees equal to at least 50% of the number that presently exist on the site and as documented on the provided tree protection plan. All replacement trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. All customer access to the ski hill shall be through the retail sales building and shall avoid impacting the drain field area. The ski hill may only be in operation during times when the retail sales building is open for business. 4) The applicant will need to secure a permit from the South Washington Watershed District (SWWD) prior to commencing any grading or filling activity on the site. Any modifications to the approved plans that result fi-orn the SWWD review must be reviewed and approved by the City Engineer. 5) The grading and filling activity must not disturb the existing drain field on the site. The applicant will need to provide temporary fencing to protect this area prior to and during construction and must further limit the extent of any grading and filling- so that it does not negatively impact the operation or capacity of the on -site treatment system 6) The applicant must provide for long-term protection of the drain field once the grading and filling activity has been completed in accordance the plans. This permanent protection may take the form of fencing or another mechanism approved by the Planning Director. 7) All easements as required by the City Engineer pertaining the pond and public access to the pond shall be provided prior to the commencement of any grading or filling activity on the site. The easement providing access to the pond shall be a minimum of 15 feet in width. 8) The grading of the pond area shall comply with all applicable City requirements, and any modifications needed to obtain compliance shall be reviewed and approved by the City Engineer. 9) Any lighting used on or around the ski hill must comply with applicable City lighting requirements. No lighting on the skill hill is allowed after 9:00 p.m. or after the retail sales business is closed, whichever is earlier. 10) The applicant shall demonstrate to the satisfaction of the Planning Director and City Engineer that adequate measures have been taken to prevent accidental access to the storm water pond area. 11) All other requirements as specified by the City Engineer in the October 17, 2012 review letter must he met by the applicant prior to the start of any activity associated with the submitted plans. 12) Any noise generated from activities on or around the ski hill shall fall under the levels allowed under the City's nuisance ordinances. Passed and duly adopted this 7 day of November 2012 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk City of Lake Elmo Planning Department Conditional Use Permit Request To: Planning Commission From: Kyle Klatt, Planning Director Meeting Date: September 10, 2012 Applicant: Joe Heinen, Gatsby Investors 1, LLC (Alan Dale, Dale Properties, LLC as co - applicant) Owner: Gatsby Investors I, LLC and Dale Properties, LLC Location: 9242 Hudson Boulevard North Zoning: HD-GB-SRD and HD-RR-SRD Introductory Information Application The City of Lake Elmo has received a request from Joe Heinen, Gatsby Investors I, Summary: LLC for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard North. The proposed grading project would allow the expansion of the ski and snovv-board demonstration area currently used by Summit Ski and Board Shop for outfitting customers, training, demonstrations, and marketing and promotional events. A conditional use permit is required for the grading because it would involve the moving of over 400 cubic yards of material per acre on this site. The proposed grading project would extend across the northern portion of the Gatsby Investors I, LLC property; therefore, the adjacent property owner has been required to co-sign the application and has furthermore expressed their support for this project as proposed. Property The project site is located roughly midway between Keats and Inwood Avenue along Information: Hudson Boulevard North. There are three properties in this location that are zoned General Business, with the applicant's property situated at the far eastern edge of the commercial -zoned area. According to City records, the building that is presently on the site was initially constructed in the early 1970s, with a series of additions and remodels in the subsequent period of time that have resulted in the present facility. There are five tenants currently in this building, including Hot Springs Portable Spas, Heritage Hous beauty salon. Home Essentials seasonal boutique, the Skills Sports Training facility, and the Summit Boardshop. As part of its business, the Summit Boardshop operates an indoor skate park and demonstration area in addition to a small outdoor ski hill in the rear portion of the lot for equipment testing and demonstrations. The proposed grading project would expand this existing ski hill substantially in size, both in terms of the area used for the hill and the height of the hill. The current hill is approximately 25 feet higher than the grade at which the building has been built, while the proposed grading would allow the construction ofa hill that is 60 feet higher than the base of the building. The adjacent property to the west and north is presently owned by Dale Properties, and is vacant except for narrow strips of land that are used the motorized hang gliders stored in a building on the next parcel over. All of this property is presently guided for sewered residential use in the Comprehensive Plan; however, the Planning Commission has recommended approval ofa revised land use plan that would change the future land use for most of this property to Commercial. In the interim, the City has adopted a holding district designation for all properties to be served by public sanitary sewer, and these holding districts allow for the continued use and development of property in accordance with the current zoning (which in this case is either General Business or Rural Residential). The area that will be impacted by the proposed grading project is currently vacant with the exception of some larger trees along and near the western property line and a gas line easement that cuts diagonally across the Dale Properties land. The attached existing conditions, site, and grading plans illustrate the location of this easement, and the limits of the grading project will extend to this line. In reviewing the City's past approval of projects associated with the applicant's site, there are a few issues that warrant further investigation but that are not directly related to the present request. These issues include the following: At the time of the last major expansion of the building at 9242 Hudson Boulevard North, the City allowed the construction of fewer parking stalls required by the code and as shown on the approved site plan. 51 parking spaces were deeined to be the minimum number required, 40 were authorized to be constructed, and 48 were reserved for future use. Sometime since the 1986 expansion, the parking lot has been expanded with the addition of a crushed rock area so that there are now roughly 49 paved stalls and 48 unpaved stalls on the property. The City code requires all commercial parking lots to be paved, which means the crushed rock area should either be removed or paved in accordance with the approved site plan. • The building is situated with a non -conforming setback of only 4.2 feet from the eastern property line. There is an area that appears to now be used for loading and unloading, parking, and general access over the property line in this area. Because this area is not part of the business site and there is no allowance for additional parking or access on the approved site plan, the continued use of this area by the businesses at 9242 Hudson Boulevard North should cease. There are review comments in the City's files from the South Washington Watershed District (SWWD) related to a 2005 project that do not appear to have ever been implemented. Any future parking lot work should either address these comments or will need to be handled as part ofa new permit from the Watershed District. Please note that the current CUP/Grading request does require permit from SWWD and will be noted as a condition of approval. Applicable Section 154.018 Administration. Codes: Conditional Use Permits. Outlines the general requirements for all conditionally permitted uses in Lake Elmo. Section 151.017 Excavating and Grading Permits. States that "no person shall undertake, authorize, or permit any of the foliowing actions without first having obtained a grading and excavating permit from the city", which list the following among these actions: "Grading and excavating plans that result in the moving of 400 cubic yards of material per acre require a public hearing and approval of the City Council". Staff has recommended that the permit be reviewed as a Conditional Use and follow the hearing procedures for a CUP. Findings & General Site Overview Site Data: Lot Size: 5.16 acres plus approximately 4 acres of the Dale Properties parcel Existing Use: General Commercial and Retail. Existing Zoning: GB — General Business and RR — Rural Residential (Dale Properties) Property Identification Numbers (PID): 34.029.21.34.0004 and 34.029.21.34.0003 (Dale Properties) Application Review: CUP/Grading The applicant has submitted a series of plans intended to comply- with the City's Review: grading and erosion control standards. Due to the more technical nature of this review, the City's Engineer has spent a fair amount of time reviewing these plans, which ultimately- led to several revisions and updates in order to bring the plans into conformance with the City's application requirements. Given the scope of this project. Staff has broken down its review into two parts: comments that are more general in nature and those that are specific to the City's grading and excavation requirements. Please note that based on the information submitted to date, Staff is not recommending approval of the project, and instead is recommending that the Planning Commission table taking action on this request in order to give the applicant time to address those comments that will very likely require revisions to the plans. Other comments and concerns that will not require any plan revisions may be addresses as conditions approval when this item comes hack before the Planning Commission. The Planning Commission could also consider taking action to recommend approval or denial of the request at its meeting as long as it adopts findings of fact to support its decision. Generally. Staff would like to note the following concerns with the project as proposed: • The proposed grading would result in a large hill that is 35 feet higher than the one presently on the property. The final grades and hill will be visible from not only immediately adjacent parcels, but those that are further away as well. • There is an existing gas line than crosses the Dale Properties parcel, and the applicant is proposing to grade within the easement for this pipeline. Written approval from the easement holder must be provided to the City before any grading will be allowed in this location. • There are a number of trees that will be removed due to the grading. The applicant has submitted a Tree Inventory Plan that indicates 22.7% of the trees will be saved. Staff is recommending that some of the trees lost be replaced in order to better bring the project into conformance with the City's grading permit standards. • Because the ski hill is considered accessory to the permitted retail uses on the property, all access to the hill and demonstration area should be through the existing building. Staff is not recommending that direct access from the exterior of the building be allowed as a condition of approval. • The watershed district has not yet received plans for review, and the proposed grading project will require a permit from the South Washington Watershed District. The City Engineer has asked that the applicant provide documentation that this permit has been secured before any construction is allowed on the site, and any changes to the site plan approved by the City as a result of the watershed district review will need to be reviewed and approved by the City prior to construction. In addition to the general comments noted above, the City Engineer has submitted his detailed review in the form of the attached letter. The two most significant issued identified in this letter are as follows: • The proposed grading would extend into the current drain field for the property. The applicant either needs to remove any grading from this portion of the site or develop an alternative that provides for a treatment area on the site that meets current County requirements. • Access to the proposed ponding area has been requested by the City Engineer but is not shown on the attached plans. This access is critical in order to properly maintain the storm water pond. Other comments concerning these issues in particular may be found in the Engineer's report under the heading "Engineering review comments requiring resubmittal". The ; other portion of the Engineer's review includes additional comments that could be addressed as conditions of approval once revised plans have been submitted. This list includes requirements specific to the storm water pond and maintenance of this pond, pen -nit approvals from SWWD, Pollution Control Agency permits, tree preservation and replacement plans, and the gas pipeline. Once a revised plan is submitted, Staff will provide the Planning Commission with a more throughout review of the project's conformance with the City's grading and excavating standards. These standards were ultimately used by the City Engineer in conducting his review. Conditional Based on the above analysis and Staff review, Staff is recommending that the Planning Use Permit Commission table taking action on the request by Gatsby Investors I, LLC for a Conch's/oils: Conditional Use Pen -nit to conduct a substantial grading project at 9242 Hudson Boulevard North, based on the following: The plans as submitted require revisions in order to address concerns that: a. The grading as proposed would impact the current subsurface treatment system on the property; and b. The applicant has not provided access for maintenance purposes to the proposed storm water pond. Resident A public hearing notice was sent to all property owners within 350 feet of the Concerns: applicant's property. Staff has not received any feedback from any surrounding property owners. Additional Information: Conclusion: The attached letter from the South Washington Watershed District indicates that a watershed district permit is required for the prokect. The applicant is seeking approval to conduct a substantial grading project at 9242 Hudson Boulevard North. Commission The Planning Commission has the following options: Options: A) Table taking action on this request until revisions to the plans area completed in accordance with the City's review comments.. B) Recommend approval of the request with findings of fact to support this motion. C) Recommend denial of the request with findings of fact to support this motion The 60-day review period for this application expires on 10/21/12, but can be extended an additional 60 days if more time is needed. Staff Rec: Staff is recommending that the Planning Commission table the request from Joe Heinen, Gatsby Investors I, LLC for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard North cc: Joe Heinen, Gatsby Investors I, LLC Alan Dale, Dale Properties, LLC City of 1.ake DrfAtriONWNT AtIrl„,!C/k:tioi\ F7(.:wairi Ei Comprehensive Plan Amendment j Variance (See below) El Zoning District Amendment [11 Text Amendment Li flood Plain C.U.P, Conditional Use Permit L Minor Subdivision Lot Line Adjustment D Residential Subdivision Sketch/Concept Plan Li Conditional Use Permit (CUP.) 1 Site & Building Plan Review APPLICANT: TELEPHONES: FEE OWNER: TELEPHONES: (Horne) nle) Fee [Ill Residential Subdivision Preliminary/Final Plat 0 01 -- 10 Lots O I -- 20 Lots O 21 Lots or More Excavating & Grading Permit Li Appeal (Mailing Address) a, 3 (-77 r (Work) (Mobile) (Fax) V ei Lane) (Mailing Address) ((.; 2 3 4/ 7 07 7 / (Work) (Zip) k”'/ Sjd: /9. (Mobile) PROPERIY LOCATION Address and Complete (Long) Legal Description): 0 - lit,q) P\.) . Fax :,-.,,, :-:-',?...-1- 6f.,. -1,:?.,./;,_ .;:e, ;4. if //..' „ .7-4.. . . ,... .,-), — ,.-7,.. ,-; !•::,, ,.., e„,7 i*„. 5. (ci-,,,,, , i .. e, !: '74.-2:cf.,,,0 ':':,) 7 ) 11-klz-i-7 2 ':;:' , .• 4-14;' i: e:- ,.. L, ,;:i V -7-, DETAILID REASON FOR REQUEST: g-,X,441':',',' 5 11," .") S 4" / 7,7vo i . 5 A i ,-;.,,-,„,/ .,•''' , f c , _ 4,' .., 1-.' ,:::". • 1..-1:--- ;/7 ,'1 ''.'" t;e P' ‘.1 .4-f 74:, ,i-t ,:t.---,11/ ? if4;',,,i,/,....4, . t• i • VARIANCE REQUESTS: As outlined in Section 301,060 (...,',. of the Lake Elmo Nitinicipal Code; the Applicant must demonstrate a hardship before a variance can be granted, Thc hatilship i-olated to this application is as follows: In signing this applicat/i/oir, I hereby acknowledge that 1 have read and fully understand Me applicable provisions of the Zoning and SubdivisiAn Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the aymliAtion ,procedurcs and hereby agree to pay all statements received from the City pertaining to additional a atlionexpense, e pplicani , • • 3 -"-" §ignattir Date 112.2120 0.1 City of 1 titte. Elmo • 3510 Lavenie Avatic.; Nruu • :Ike Elmo 550 2 510'17-5.5 0 • 1ix65 -777,. 9015 K��K����&PJF�UH� '°'�'�'��'"'�'"�^^''°/ Date: October l7,ZO12 To: Kyle K|att, Planning Director {1: Nick Johnson, Lm/ Planner Jack Griffin, P.E,City Engineer From: Ryan Stempski, P.E. ENGINEERING, inc. Cara GeherenP.E. Jack Griffin, P.E. Ryan Sterripski, P.E. 652.300.4I61 651.300,4264 651.300.4267 Re: City ofLake Elmo 9Z4IHudson Boulevard Grading Permit We have received updated information for the Excavating & Grading Permit submittal documentation for 9242 Hudson Boulevard. The following items were received: ° Final Grading & Erosion & Sediment Control Plan prepared by James J. Hill, Inc., dated August 2, 2012. * Point -by -Point Response Letter from Joel Cooper, P.E. (James ]. Hill, Inc.), dated October4, 201I This project cannot berecommended for approval otthis time. The following comments must be addressed prior toengineering approval: Engineering review comments requiring resubmittal: I. The Grading Plan (Sheet 23) must be revised to show protective fencing around the drainfie|d prior to construction. Longterm protection from the drainfield area must also be provided in the plan. 2. Wood fiber blanket must be used for erosion control (update Sheet Z.1 & 2.2 accordingly). 3. The maintenance access road to the pond must be appropriately stabilized for use by maintenance equipment and vehicles aminimum of1Ofeet wide. 4. Astormvvaterpond detail must beprovided toshow aside slope ofIUHAVfor the first IOfeet, then a maximum of3HAVbeyond the first 1Ufeet. The Grading Plan (Sheet 33)must berevised accordingly. S. The Pond Easement Sketch and Description must be revised to create a standard geometric shape and/or follow other property lines and/or existing physical features. The non-standard shape as proposed will create difficulties for identifying easement areas in the field for the areas to be maintained / protected. Additional Engineering review comments: 1. The proposed 3to/mwaterpnnd is to be owned and maintained by the property owner. A Maintenance Agreement must be executed with the City of Lake Elmo and recorded with Washington County. I The drainage easement over the pond and maintenance access road must also be granted in the name of the City ofLake Elmo. 3. This project requires a Permit from the South Washington Watershed District (5VVVVD). A copy of the Permit Approval must be provided tothe City before the project can begin construction. If, in the course of acquiring a permit from SVVVVD the applicant makes any plan revisions, a copy of the revised plans must also bere-submitted tothe City for further review and approval. PAGE 1 of 2 4� Prior to the start of any construction' and once the applicant has a Contractor in place for the work, a copy ofthe MPLANPDES Stormwate/Permit must 6eprovided \othe City nfLake Elmo. S. The Tree Inventory Plan indicates significant tree removal as part of this project. A majority of the existing trees along the west property are shown for removal. The City should consider the provisions of the City Code in Section 151.017 (J) Grading Permit standards as they reference efforts to minimize tree removal, maintain screening, and restore site aesthetics through landscaping. 6. Prior to the start of any construction written approval from 8P Pipelines (North America), Inc. must be provided to the City ofLake Elmo for the proposed grading within the gas easement along the east side of the property, if plans are revised to avoid this grading work o, as a result of BP comments' the revised plans must be re -submitted to the City of Lake Elmo for further review and approval. PAGE2of2 1 PLANNERS ENGINEERS SURVEYORS Serving our Clients since 1976 2500 WEST COUNTY ROAD 42. SUITE 120 BURNSVILLE. MINNESOTA 55337 PH. (952) 890-6044 FAX (952) 890-6244 DATE: October 4, 2012 VIA: TO: Mr, Kyle Klatt- Planning Director City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: 9242 Hudson Blvd. Grading Permit Dear Mr. Klatt: We have received the comments regarding thc above referenced project from Focus Engineering Inc. and offer the following plan revisions and comments. 1, We have revised the grading plan so there will be no fill placed over the existing drain field on -site. The location of the drainfield is shown on the plan. 2. We have revised the -grading plan to allow for a maintenance access from the existing parking lot. 3.'1hv. grading plan modifications made have not changed the drainage areas or pond size so that the current drainage model is still reflective of our proposal. 4. We have revised the pond easement sketch to include the maintenance access road. 5. The easement is reflective of the pond on the grading plan which is cstablished to maximize the ski -hill feature that is the basis for the project. This is a temporary pond and it is onticipated the maintenance of this pond will be provided by the owner. Addi :mat review comments: 1. As stated earlier the owner will be maintaining the ponding area and will enter into a maintenance agreement with the City of Lake Elmo. 2. The easement and maintenance road easement will be provided in the city's name. 3. We will obtain a watershed permit prior to commencing grading operations. 4. We will obtain and post the NDPES permit on site as required by the MPCA. 5. We will attempt to save the trees along the west property line as demonstrated with the grading plan. 6. We will provide documentation of an agreement to grade on B.P. pipeline prior to commencing grading operations. If you have any other questions or require additional information, please call. Sincerely, JAMES R. HILL, INC. 04- Joel G. Cooper, P.E. President Cc: Joe Heinen September 6, 2012 Kyle Klatt Planning Director City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 Dear Mr. Klatt: SWWD has received a copy of thc Conditional Use Permit application for expansion of the Gatsby Investors property at 9242 Hudson Rd. This project is subject to SWWD permitting. We have not received a permit application and the inrormation submitted with the CtJP application is insufficient to review the project. The developer will find information on required submittals within SWWD's rules (1.3) at 11 you have any questions or need additional information, please contact Inc at 651/714- 3714 or Sincerely, South was! .101)11 1oonis Water Resource Specialist atershed District L;ADevelopmelit Rcvio‘s\Julisclioions\LAt Elintar,Gm;by ItivesimsSINVILReSp011Se_090620 1 2,(10CN 2302. (ov 2f13f31-", :37n 661-?1.,;-3721 sr" POINI Ill:tiNCS) ---r—'-- 'jTar-P;;:r1t;gk ;IN in t.1 - ,rtrork, ';41-kt-3t. 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