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HomeMy WebLinkAbout07-15-08 CCMPCity of Lake Elmo 3800 Laverne Avenue North July 15, 2008 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston, DeLapp, Johnson, Park, Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Consider approval of June 17, 2008 minutes Consider approval of July 1, 2008 minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. . CONSENT AGENDA: Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items maybe removed at City Council's request. 7, Approve Resolution no. 2008-032 payment of claims 3. Approve Lake Elmo Jaycees liquor license for Hain Puff Days 4. Schedule closed meetings on July 22 and August 12 for the city administrator's performance review 5. Accepting the infrastructure improvements of the HOA 2nd Addition improvements (Eagle Point Circle) Development; Resolution no. 2008-033 6. Approve agreement between Washington County Conservation District and members of the 2009-2012 East Metro Water Resources Education Program for surface water quality education services that is part of the city's authorized/approved NPDS surface water management plan PUBLIC HEARINGS 7. Hold a public hearing, receive comments and consider approval of the Wellhead Protection plan. K. REGULAR AGENDA: 8. Receive a project report detailing the proposed rights and restrictions for the Sunfish Lake Park Land Trust Easement 9. Receive and accept the 2007 Annual Financial Report 10. Consider approving contracting for routine account processing services 11. Review the timeline for the 2009 Budget Process L. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and Council Members • Administrator M. ADJOURN City of Lake Elmo City Council Meeting Minutes June 17, 2008 Mayor Johnston called the meeting to order at 7:04 p.m. Present: Mayor Johnston and Council Members DeLapp, Park and Smith Absent: Council Member Johnson Also present: City Administrator Hoyt, City Engineer Griffin, Planning Director Klatt, Senior Planner Gozola, City Attorney Filla, Finance Director Bouthilet and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council _Member Smith moved to approve the June 17th agenda as presented. Council Member Park seconded the motion. The motion passed unanimously. ORDER OF BUSINESS: APPROVE MINUTES: The minutes ofJune 3, 2008 were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smith moved to approve the consent agenda as presented Council Member Park seconded the motion. The motion passed unanimously. Approved Resolution no. 2008-027 approving disbursements in the amount of $96,803.82. Grant approval of an 18 month extension to the variance issued for 8961 31st Street North, Approve Change Order No. 1 for the SCADA Project, thereby increasing this contract in the amount of $3,364.00 to the revised contract amount of $69,519.00. REGULAR AGENDA: Consider appointing a Second Alternate to the Planning Commission The City interviewed Mike Pearson, 2805 Lisbon Avenue N. and Thomas Bidon 5757 Manning Avenue N. for the Second Alternate position to the Planning Commission, LAKE ELMO CITY COUNCIL MEETING MINUTES JUNE 17, 2008 The City Council appointed Mike Pearson, 2805 Lisbon Avenue North to the Second Alternate position on the Planning Commission. Mr. Bidon's application will be kept on file. Authorize hiring Design Forum to prepare conceptual schematic designs of park shelters Carol Krieger, Project Assistant, asked the City Council to authorize the hiring of Jerry Mazzara of Design Forum to do some conceptual schematic designs of park shelters. The fee for these initial concepts will be $1,200.00. The purpose of this request was generated by the Park Commission's opportunity to receive a $7,000 grant from Lowes for materials to build a park shelter as well as the Cormnission's interest in developing some park design symbols that provide the consistency and design elements reflective of Lake Elmo. If approved, the park fund will cover the costs of this out of its capital fund balance. Council Member DeLapp voiced his concern that the plan for a park shelter would mushroom to a much larger project with a cost of $40,000. MOTION: Mayor Johnston moved to authorize the 11/1'111g ofDesign Forum Architect Jerry Mazzara to do conceptual schematic designs of park shelters with patterns and themes fbr consideration infuture architectural park elements for up to $1,200 from the Park Dedication fund Council member Park seconded the 111011011. Alayor Johnston and Council Members Park and Smith voted infvor of the 11101 1011 and Council Member DeLapp voted against the 111011'011 Receive comments from the park commission on the possible lift station locations in Reid Park for the 1-94 to 301 Street Infrastructure Proiect and select a preferred lift station site. City Engineer Jack Griffin asked the City Council to select a preferred lift station location for the project, among three sites which would allow the design work on the project to be finalized. The Council received the park commission's comments on the possible lift station locations and the commission's comments preferring the location to be outside of Reid Park and at Site No. 3. Site No. 3 is a city -owned parcel adjacent to the southeast corner of Reid Park, Council Member DeLapp thought the owner of the townhouses should be part of this process from the beginning of the lift station location discussion because site 3 requires an easement over this property. MOTION: Mayor Johnston moved to select Site No. 3 for the 10001i011 o .the 1-94 to 30th Street Infrastructure Project Lift station. Council Member Park seconded the motion. Alavor Johnston and Council Members Park and Smith voted in favor of the motion and Council Member DeLapp voted against the motion. LAKE ELMO CITY COUNCIL MEETING MINUTES JU1 7, 2008 Consideration of three separate ordinances to address specific siun related issues as directed by the City Council. Ben Clozola, Senior Planner provided three ordinances which would amend the City's sign regulations to address the following: 1. Allowance of off premises signs for season sales businesses; 2. Allowance of off -premises advertizing signs for land developments 3. Ensuring seasonal sales businesses are a permitted use in the RR district. Consideration of ordnance to amend the administrative lanaiatze governing sins in Lake Elmo (nennittin2 reauirements, area and height computation lauuae, and needed leval Provisions) MOTION: Council Member DeLapp moved to adopt Ordinance no. 08-006, an ordinance to amend general sign regulations. Council Member Smith seconded the motion. The motion passed unanimously MOTION: Council Member Smith moved to adopt Resolution no. 2008-028 authorizing publication of Ordinance no, 08-006. Council member Park seconded the motion. The motion passed unanimously. Consideration of an ordinance to amend auicultural business definitions and regulations (cleans up an abundance of different definitions to allow staff to authorize on and off Premises sins for specific uses as desired by Council) MOTION: Council Member DeLapp moved to adopt Ordinance no. 08-007 an ordinance to ((Mend agricultural business definitions and regulations, Council Member Park seconded the 11701i011. The motion passed unanimously. MOTION: Council Member DeLapp moved to adopt Resolution no, 2008-029 authorizing publication of Ordinance no. 08-007. Council Member Smith seconded the motion. The motion passed liliallin7011Sly. Consideration of an ordinance to amend off -site adyertisiiw sins (establishes the new, readations on temporary sins, on premises sins and off premises sins). MOTION: Council Member DeLapp moved to adopt Ordinance no 08-008 an ordinance regulating offpremise.s signs fbr agricultural sales businesses only - Option A recommend by the Planning Commission. Council Member Smiih seconded the 11101i017. The motion was passed unanimously. MOTION: Council Member DeLapp moved to adopt Resolution no. 2008-030 authorizing the publication of Ordinance no. 08-008. Council Member Smith seconded the motion. The 11701i011 passed unanimously. LAKE ELMO CITY COUNCIL MEETING MINUTES JUNE 17, 2008 Provide direction to the city attorney to enforce outstandirm items on the settlement aueement dated September 5, 2006 with Rod and Diane SeSSiI1V. 5699 Keats Avenue The City Council was asked to review the status of the settlement agreement between the City and Rod and Diane Sessing and to give direction to the city attorney on how to proceed with determining the Sessing's compliance to the settlement agreement. Rod Sessing, 5699 Keats Avenue, said this property was inspected by two building officials and passed all inspections. Joan Ziertman, 5761 Keats Avenue, provided pictures showing the terms of the settlement agreement have not been met. MOTION; Council Member DeLapp moved to refer the settlement agreement dated September 5, 2006 with Rod and Diane Sessing to Attorney FillajOr compliance action. Mayor Johnston seconded the 1170a011. The motion passed unanimously. Consider at -mainline: a member of the City Council to apply for the Grant Evaluation and Rankint System (GEARS) Transportation Committee The City Council discussed sending a nomination to the Grant Evaluation and Ranking System (GEARS) Committee, which is an advisory committee to the County Transit Improvement board (CTOIB). MOTION: Council Member Smith moved to appoint Mayor Johnston to be the city of Lake Elmo's candidate for the Grant Evaluation and Ranking System (GEARS) Committee. Council Member Park seconded the motion. The 171011017 passed unanimously. REPORTS AND ANNOUNCEMENTS: Mayor Johnston attended the League of Minnesota Cities conference in Rochester, Minnesota. Mayor Johnston adjourned the meeting at 9:50 p.m. LAKE ELMO CITY COUNCIL MEETING MINUTES JUNE 17, 2008 4 City of Lake Elmo City Hall 3800Loveme Avenue City Council Special Meeting July 1'2008 The meeting was called |oorder bvMayor Dean Johnston ot5PM, Present: Mayor Dean Johnston, Council members DeLopp'Johnson, Park and Smith (arriving of 5�09 PM) Public comment and inquiries: No persons were present to speak Cpunci|memberJnhnson moved approval of the consent agenda, Counci\rnemberDoLopp seconded the motion. The motion passed unanimously to approve l\ Resolution 2008'31 payment of claims and 2} repairs to the ladder truck. Council member Smith arrived at 5:09 PM. Mayor Johnston adjourned the meeting of5:l l PM. City Council Date: 07/15/2008 CONSENT Item: 2 Resolution 2008-032 ITEM: Approve resolution No. 2008-032approving disbursements in the amount of $182,285.08. SUBMITTED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 182,285.08. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-032 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 471 was used for sales & use tax payment for the 2111 qtr, 469, 470, DD1724 through DD1736, 32813 through 32820 were used for Staff Payroll dated July 03, 2008; 32821 through 32867 were used for Accounts Payable, in the total amount of $182,285.08 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 15th day ofJuly, 2008. Dean Johnston Mayor ATTEST: Susan Hoyt City Administrator Accounts Payable To Be Paid Proof List User: Administrator Printed: 07/10/2008 - 1:03 PM Batch: 004-07-2008 Invoice # Inv Date ARAM Aramark 62--6529345 07/09/2008 101-430-3100-44170 Uniforms 62--6529345 Total: 629-6519366 06/25/2008 101-430-3100-44170 Uniforms 629-6519366 Total: 629-6524198 07/02/2008 101-430-3100-44170 Uniforms 629-6524198 Total: 629-6527008 07/07/2008 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6527008 Total: ARAM Total: RIFFS Biffs Inc, W356448-ITN 101-450-5200-44120 W356449-1N 101-450-5200-44120 W356450-1N 101-450-5200-44120 W356451-IN 101-450-52(10-44120 W356452-1N 101-450-5200-44120 W356453-IN 101-450-5200-44120 07/02/2008 Rentals - Buildings W356448-IN Total: 07/02/2008 Rentals - Buildings W356449-1N Total: 07/02/2008 Rentals - Buildings W356450-1N Total: 07/02/2008 Rentals - Buildings W356451-IN Total: 07/02/2008 Rentals - Buildings W356452-IN Total: 07/02/2(108 Rentals - Buildings AP - To Be Paid Proof List (07/10/08 - 1:03 PM) Amount Quantity Pmt Date Description Reference 32,18 0.00 07/15/2008 Uniforms - Public Works 32.18 32.18 0.00 07/15/2008 Uniforms - Public Works 32.18 32.18 0.00 07/15/2008 Uniforms - Public Works 32.18 61.37 0.00 07/15/2008 Linen City Hall 61.37 157.91 55.26 0.00 07/15/2008 Portable Restrooms 55.26 110.52 0.00 07/15/2008 Portable Restrooms 110.52 55.26 0.00 07/15/2008 Portable Restrooms 55,26 55,26 0.00 07/15/2008 Portable Restrooms 55.26 95.26 0,00 07/15/2008 Portable Restrooms 95.26 55.26 0.00 07/15/2008 Portable Restroorns Task 111111,,1111A11111111 1111,111111 MI II I I Ili!. Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # W356453-1N Total: 55.26 W356454-IN 07/02/2008 55.26 0.00 07/15/2008 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W356454-IN Total: 55.26 W356455-IN 07/02/2008 55.26 0.00 07/15/2008 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W356455-IN Total: 55.26 W356456-IN 07/02/2008 55.26 0.00 07/15/2008 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W356456-IN Total: 55.26 W356457-IN 07/02/2008 55.26 0.00 07/15/2008 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W356457-IN Total: 55.26 BIFFS Total: 647.86 CPTELECO CP Telecom 651-207-1000 07/07/2008 516.33 0.00 07/15/2008 Telephone/Data Service - City Hall No 0000 101-410-1940-43210 Telephone 651-207-1000 Total: 516.33 651-207-1701 07/07/2008 437.64 0.00 07/15/2008 Telephone/Data Service - Public Works - No 0000 101-430-3100-43210 Telephone 651-207-1701 Total: 437.64 CPTELECO Total: 953.97 EARLANDE Earl F. Andersen, Inc. 0083091-IN 06/30/2008 114.55 0.00 07/15/2008 Signs 101-430-3100-42260 Sign Repair Materials 0083091-IN Total: 114.55 EARLANDE Total: 114.55 No 0000 EMERGAPP Emergency Apparatus Maint. 35773 06/05/2008 407.44 0.00 07/15/2008 Annual Inspection & Repairs 3173 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 35773 Total: 407.44 35985 06/05/2008 489.45 0.00 07/15/2008 Annual Inspection & Repairs 3183 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 35985 Total: 489.45 36377 06/25/2008 2,684.56 0.00 07/15/2008 Annual Inspection & Repairs 3175 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36377 Total: 2,684.56 36406 06/05/2008 495.67 0.00 07/15/2008 Annual Inspection & Repairs 3173 - No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36406 Total: 495.67 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLinc # 36408 06/19/0200 1,394,40 0.00 07/15/2008 Annual Inspection & Repairs 3176 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36408 Total; 1,394.40 EMERGAPP Total: 5,471.52 No 0000 GOVTRNG Government Training Services 13731 06/24/2008 65,00 0.00 07/15/2008 Planning Commission Training No 0000 101-410-1910-44370 Conferences & Training 13731 Total: 65.00 GOVTRNG Total: 65.00 JARDINE Jardine, Logan & O'Brien 68227 06/11/2008 1,704.00 0.00 07/15/2008 Legal Services -Civil No 0000 101-410-1610-43040 Legal Services 68227 Total: 1.704.00 JARDINE Total: 1,704.00 KDV Kern DeWenter Vicre 83086 06/27/2008 6,441,50 0.00 07/15/2008 Financial Services - June 2008 101-410-1520-43150 Contract Services 83086 Total: 6,441.50 KDV Total: 6,441.50 KRIEGLER Carol KriegIer Employee Claim 06/16/2008 101-410-1320-43310 Travel Expense Employee Claim Total: KRIEGLER Total: No 0000 81.81 0.00 07/15/2008 Employee Mileage Reimbursement No 0000 81.81 81.81 LEOIL Lake Elmo Oil, Inc. S01203 06/30/2008 802.51 0.00 07/15/2008 Fuel - Fire Department 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total; 802.51 SO1208 06/30/2008 26.35 0.00 07/15/2008 Fuel Public Works 101-430-3100-42120 Fuel, Oil and Fluids S01208 Total: 26.35 LEOIL Total: 828.86 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) No 0000 No 0000 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # LINNER Lipner Electric Company, Inc. 19631 07/02/2008 218.50 0.00 07/15/2008 Install Electric Outlet - New Copy Mach - No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt 19631 Total: 218.50 LINNER Total: 218.50 LOFF LOFFLER 91998 07/02/2008 60.49 0.00 07/15/2008 Copy Machines Maintenance No 0000 101-4 I 0-1940-44040 Repairs/Maint Contractual Eqpt 91998 Total: 60.49 LOFF Total: 60.49 MCNAM McNamara James 07/10/2008 1,900.00 0.00 07/15/2008 Contract Inspector No 0000 101-420-2400-43150 Inspector Contract Services Total: 1,900.00 MCNAM Total: 1,900.00 MENARDSO Mcnards - Oakdale 56235 06/26/2008 50.37 0.00 07/15/2008 Paint Supplies - Wellhouse No 0000 601-494-9400-42270 Utility System Maintenance 56235 Total: 50.37 MENARDSO Total: 50.37 MES Municipal Emergency Services 00041755-SNV 06/23/2008 101-420-2220-42400 Small Tools & Equipment 00041755-SNV Total: 00041964-SNV 06/24/2008 101-420-2220-42400 Small Tools & Equipment 00041964-SNV Total: MES Total: 381.38 0.00 07/15/2008 Blades Replacement 381.38 184.84 0.00 07/15/2008 Storz Adaptor 184.84 566.22 No 0000 No 0000 METCOU Metropolitan Council 877208 07/02/2008 1,081.72 0.00 07/15/2008 Monthly Wastewater Service - August 2008. No 0000 602-495-9450-43820 Sewer Utility - Met Council 877208 Total: 1,081.72 METCOU Total: 1,081.72 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # METROFIR Metro Fire 31897 06/30/2008 101-420-2220-45800 Equipment 31897 Total: METROFIR Total: MILLEREX Miller Excavating, Inc. 13491 06/30/2008 101-430-3100-43150 Contract Services 13491 Total: MILLEREX Total: MOGRSOD Mogren Turf 06/20/2008 202-494-9400-44300 Miscellaneous Total: MOGRSOD Total: 91.16 0.00 07/15/2008 Drag Harness for Training 91.16 91.16 450,00 0.00 07/15/2008 Grade Roads 450.00 450.00 1,874.00 0.00 07/15/2008 Sod for Tabl eights Project 1,874.00 1,874.00 MOST MOST DEPENDABLE FOUNTAINS, INC INV11839 06/17/2008 3,660.00 0.00 07/15/2008 Drinking Fountains VFW & Pebble Parks - 404-480-8000-45300 Improvements Other Than Bldgs INV11839 Total: 3,660.00 MOST Total: 3,660.00 NATREPRO National Reprographics, LLC 55198 05/31/2008 101-410-1320-42030 Printed Forms 55198 Total: NATREPRO Totab NEXTEL Nextel Communications 761950227-063 06/26/2008 I 01-410-1940-43210 Telephone 761950227-063 06/26/2008 101-420-2220-43210 Telephone 761950227-063 06/26/2008 101-420-2220-43210 Telephone 761950227-063 06/26/2008 101-420-2220-43210 Telephone 761950227-063 06/26/2008 101-420-2220-43210 Telephone AP - To Be Paid Proof List (07/10(08 - 1:03 PM) No 0000 No 0000 No 0000 No 0000 539.32 0.00 07/15/2008 Park Comp Plan Printing No 0000 539.32 539.32 121.01 0.00 07/15/2008 Cell Phone Service - Administration 125.11 0.00 07/15/2008 Cell Phone Service - Fire Department 39.62 0.00 07/15/2008 Cell Phone Service - Building Department - 71.02 0.00 07/15/2008 Cell Phone Service - Public Works 52.74 0.00 07/15/2008 Cell Phone Service - Parks No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 761950227-063 Total: 409.50 837908817-007 06/18/2008 53.15 0.00 07/15/2008 Phone Card - Laptop Fire No 0000 101-420-2220-43210 Telephone 837908817-007 Total: 53.15 NEXTEL Total: 462.65 NORTHL Northland Trust Services, Inc. ELM004A 06/06/2008 72,306.25 0.00 07/15/2008 Interest - G.O. Capital Improvement Bond - No 0000 313-480-8000-46110 Bond Interest ELM004A Total: 72,306.25 NORTHL Total: 72,306.25 OAKDRC Oakdale Rental Center 10058823 06/25/2008 77.72 0.00 07/15/2008 Patching Trailer - Propane No 0000 101-430-3100-42240 Street Maintenance Materials 10058823 Total: 77.72 OAKDRC Total: 77.72 OLSONLEE Lee Olson Claim 07/01/2008 68.00 0.00 07/15/2008 Meals for MSFCA Conference No 0000 101-420-2220-43310 Travel Expense Claim Total: 68.00 OLSONLEE Total: 68.00 ONECALL One Call Concepts, Inc Gopher Stat 8060604 06/30/2008 364.60 0.00 07/15/2008 Line Locates - June 2008 No 0000 101-430-3100-43150 Contract Services 8060604 Total: 364.60 ONECALL Total: 364.60 PETERSO Peterson Fram & Bergman 11135M 05/31/2008 2,657.21 0.00 07/15/2008 Legal Services - Civil No 0000 101-410-1610-43040 Legal Services 11135M Total: 2,657.21 11 140M 05/31/2008 5,318.61 0.00 07/15/2008 Legal Services - Criminal No 0000 101-410-1610-43045 Civil Attorney Criminal 11140M Total: 5,318.61 11155M 05/31/2008 1.35 0.00 07/15/2008 Legal Services - Civil No 0000 101-410-1610-43040 Legal Services 11155M Total: 1.35 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) Page 6 Invoice # lnv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 11161M 05/31/2008 101-410-1610-43045 Civil Attorney Criminal 11161M Total: PETERSO Total: P1TNEYSU Pitney Bowes Supplies 550223 06/26/2008 101-410-1320-44300 Miscellaneous 550223 Total: PITNEYSU Total: PRAXAIR PRAXAIR DISTRIBUTION 1NC. 30051678 06/27/2008 101-430-3100-42150 Shop Materials 30051678 Total: PRAXAIR Total: PTNCOMP PTN 1179 101-410-1520-43 1244 101-410-1520-43 1247 101-410-1520-43 1472 101-410-1520-43 Computer Sales & Services 02/17/2008 185 Hardware Support 1179 Total: 04/04/2008 180 Software Support 1244 Total: 04/04/2008 180 Software Support 1247 Total: 06/30/2008 185 Hardware Support 1472 Total: PTNCOMP Total: ROSE City of Roseville 008798 07/08/2008 101-410-1520-43180 Software Support 008798 Total: ROSE Total: ROTARYLE Lake Elmo Rotary Club 06/30/2008 101-410-1320-44330 Dues & Subscriptions AP - To Be Paid Proof List (07/10/08 - 1:03 PM) 44.00 0.00 07/15/2008 Legal Services - Criminal 44.00 8,021.17 212.44 0.00 07/15/2008 Postage Machine Supplies 212.44 212.44 77.25 0.00 07/15/2008 Welding Gas 77.25 77.25 853.57 0.00 07/15/2008 Swittch Replacement 853.57 65.00 0.00 07/15/2008 IT Support Services 65.00 65.00 0.00 07/15/2008 IT Support Services 65.00 263.06 0.00 07/15/2008 Battery Back up Power Supply 263.06 1,246.63 1,380.83 0.00 07/15/2008 IT Services - July 2008 1,380.83 1,380.83 125.00 0.00 07/15/2008 Membership Dues -Lake Elmo Rotary No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # Total: ROTARYLE Total: 125.00 125.00 RUD Prince-Rud Diane 07/09/2008 240,00 0.00 07/15/2008 Cleaning - City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 07/09/2008 240.00 0.00 07/15/2008 Cleaning - Fire Hall I 01-420-2220-44010 Repairs/Maint Contractual Bldg Total: 480.00 RUD Total: 480.00 No 0000 No 0000 STILLGAZ Stillwater Gazette 20495284 07/08/2008 29.50 0.00 07/15/2008 Res. 2008-028 No 0000 101-410-1320-43510 Legal Publishing 20495284 Total: 29.50 20495286 07/08/2008 29.50 0.00 07/15/2008 Res, 2008-029 No 0000 101-410-1320-43510 Legal Publishing 20495286 Total: 29.50 20495288 07/08/2008 29.50 0.00 07/15/2008 Res. 2008-030 No 0000 101-410-1320-43510 Legal Publishing 20495288 Total: 29.50 STILLGAZ Total: 88.50 STILLMED Stillwater Medical Group 12469 06/13/2008 764.00 0.00 07/15/2008 Physicals -Firefighters 101-420-2220-43050 Physicals 12469 Total: 764.00 STILLMED Total: 764.00 No 0000 TASCH T.A . Schifsky & Sons 44706 06/23/2008 392.15 0.00 07/15/2008 Asphalt No 0000 101-430-3100-42240 Street Maintenance Materials 44706 Total: 392.15 44789 07/03/2008 415.82 0,00 07/15/2008 Asphalt - No 0000 101-430-3100-42240 Street Maintenance Materials 44789 Total: 415.82 TASCH Total: 807.97 TRISTATE Tri State Bobcat, Inc, 01-S12253 06/25/2008 1,917.00 0.00 07/15/2008 Annual Bob Cat Trade-in 410-480-8000-45800 Other Equipment AP - To 13e Paid Proof List (07/10/08 - 1:03 PM) No 0000 Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 01-S12253 Total: 1,917.00 TRISTATE Total: 1,917.00 TWINC1T Twin City Water Clinic, Inc. 4808 07/07/2008 65.00 0,00 07/15/2008 Bacteria Analysis - June 2008 601-494-9400-43030 Engineering Services 4808 Total: 65.00 TWINC.rr Total: 65.00 U of M University of Minnesota 06/30/2008 100.00 0.00 07/15/2008 Storm Water Mgmt Seminar for 2 employees 603-496-9500-44370 Conferences & Training Total: 100.00 U of M Total: 100.00 USBANK US Bank Trust N.A. 33395470 07/07/2008 13,427.50 0.00 07/15/2008 Interest G.O. State Aid & Imp. Bond 312-480-8000-46110 Bond Interest 33395470 Total: 13,427.50 USBANK Total: 13,427.50 Verizon Verizon Wireless 1877726304 06/28/2008 138.16 0.00 07/15/2008 Cell Phone Services - Admin 101-410-1940-43210 Telephone 1877726304 Total: 138.16 Verizon Total: 138.16 VISA-SL VISA 0791 07/01/2008 408.94 0.00 07/15/2008 Software Programs Upgrades 101-410-1520-43190 Software Programs 0791 Total: 408.94 VISA-SL Total: 408.94 VISALE40 VISA 06/27/2008 189.19 0.00 07/15/2008 Lodging- State Fire Convention 101-420-2220-43310 Travel Expense Total: 189.19 VISALE40 Total: 189.19 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # WASH-REC Washington County 60760 06/27/2008 101-410-132(1-44300 Miscellaneous 60760 Total: 60773 06/30/2008 101-410-1550-43100 Assessing Services 60773 Total: WASH-REC Total: WASHCONS Washington Conservation Dist, 1375 06/30/2008 603-496-9500-44370 Conferences & Training 1375 Total: WASHCONS Total: XCEL Xcel Energy 51-4504807-7 101-450-5200-43810 51-4504807-7 602-495-9450-43810 51-4504807-7 101-430-3160-43810 51-4572945-7 101-430-3160-43810 51-4576456-3 101-420-2220-43810 51-4733556-8 101-450-5200-43810 51-5044219-0 101-450-5200-43810 51-5275289-3 101-450-5200-43810 51-5356323-8 601-494-9400-43810 51-5522332-2 101-430-3160-43810 06/24/2008 Electric Utility 06/24/2008 Electric Utility 06/24/2008 Street Lighting 51-4504807-7 Total: 06/24/2008 Street Lighting 51-4572945-7 Total: 06/24/2008 Electric Utility 51-4576456-3 Total: 06/24/2008 Electric Utility 51-4733556-8 Total: 06/24/2008 Electric Utility 5 I -5044219-0 Total: 06/24/2008 Electric Utility 51-5275289-3 Total: 07/10/2008 Electric Utility 51-5356323-8 Total: 06/24/2008 Street Lighting 51-5522332-2 Total: AP - To Be Paid Proof List (07/10/08 - 1:03 PM) 1,200.00 0.00 07/15/2008 Monthly Parcel Updates Acctft 20498 1,200.00 7,340.00 7,340.00 8,540,00 0.00 07/15/2008 Tax Petition Services & Assessment Fees - 500.00 0.00 07/15/2008 2nd Quarter Shared Water Resource Ed. - 500.00 500.00 263.94 0.00 07/15/2008 Utilities - Legion Park 65.59 0.00 07/15/2008 Utilities - Hudson Lift Station 29.07 0.00 07/15/2008 Traffic Lights - 100 Inwood 358.60 51.96 0.00 07/15/2008 Street Lights - Jamely 162.28 0.00 07/15/2008 Utilities - Fie Station 2 8.95 0.00 07/15/2008 Tennis Courts 44.62 0.00 07/15/2008 Utilities - Parks Bldg 8.63 0.00 07/15/2008 Utilities - Pebble Park 2,211.44 0.00 07/15/2008 Utilities Wells 1 & 2 36.49 0.00 07/15/2008 Traffic Lights 998 Inwood 51.96 162.28 8.95 44.62 8.63 2,211.44 36.49 No No No 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 51-5747685-4 06/24/2008 107.93 0.00 07/15/2008 Utilities - Art Center No 0000 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 107,93 51-5916043-7 06/24/2008 15.93 0.00 07/15/2008 Utilities - 34th Street Lift Station No 0000 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 15.93 51-6429583-8 06/24/2008 14.57 0.00 07/15/2008 Utilities -Legion Lift Station - No 0000 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 14.57 51-6433976-2 06/24/2008 204.30 0.00 07/15/2008 Utilities - Fire Station 1 No 0000 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 204.30 51-6625457-1 06/24/2008 52.42 0.00 07/15/2008 Utilities - Legion Park No 0000 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 52.42 51-6736544-2 06/24/2008 1,714.71 0.00 07/15/2008 City Street Lights - No 0000 101-430-3160-43810 Street Lighting 51-6736544-2 Total: 1,714.71 51-6928283-3 06/24/2008 27.41 0.00 07/15/2008 Traffic Lights Manning & Stillwater Blvd - No 0000 101-430-3160-43810 Street Lighting 51-6928283-3 '1'otal: 27.41 5 I-6956201-4 06/24/2008 494.20 0,00 07/15/2008 Utilities - VFW Park No 0000 101-450-5200-43810 Electric Utility 51-6956201-4 Total: 494.20 51-7538112-1 06/24/2008 382.18 0.00 07/15/2008 Utilities - Public Works No 0000 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 382.18 51-8126093-5 06/24/2008 19.85 0.00 07/15/2008 Utilities - Water Tower 2 - No 0000 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 19.85 51-8711719-3 06/24/2008 9.73 0.00 07/15/2008 Speed Sign - Hwy 5 No 0000 101-430-3160-43810 Street Lighting 51-8711719-3 Total: 9.73 XCEL Total: 5,926.20 YOCUM Yocum Oil Company, Inc. 159547 06/30/2008 159.75 0.00 07/15/2008 Bulk Tank No 0000 101-430-3100-44010 Repairs/Maint Contractual Bldg 159547 Total: 159.75 YOCUM Total: 159.75 Report Total: 144,813.51 AP - To Be Paid Proof List (07/10/08 - 1:03 PM) Page 11 City Council Date: 7/15/08 CONSENT Item: 3 ITEM: Approve an on -sale non -intoxicating liquor license for Huff'n Puff Days SUBMITTED BY: Sharon Lumby SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve the Lake Elmo Jaycees liquor license for its annual Huff'n Puff festival, August 7-10, 2008, and to waive the fee for the liquor license. MOTION: Motion to grant approval of the on -sale non -intoxicating malt liquor license and waiving of the liquor license fee for August 7-10, 2008 Huffn Puff Days, Al I ACHMENTS: 1. Liquor license application 2. Insurance certificate Al<64,1ti C•1tArlIt tnctlt .mumamatoonsormumadeksturomm..... Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, St, Paul, MN 55101-5133 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License, 3.2% Liquor license. or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor Licensel,' al< e. 5:1 mo. License Period From: ) , To: (.1 Circle One: License Transfer License type: (circle all that apply) Suspension Revocation Cancel (former licensee name) (Give dates) 3.2% Off Sale Fee(s): On Sale License fee:$ Sunday License fee: $ 3.2% On Sale fee: $ 3,2% Off Sale fee: $ Licensee Name: ?K C.. t',,i .K., v - th tnavve dct.locceS — • '5 le00B 41 - 1 - 147g Social Security 4 1-1'71- 6 Z - 1/471C)g (corporation, pailnersliip, LLe, or Indir•idual) (eit qt., .3:v-A r....t.e.'-' , 7,17c,1 e. , Business Trade Name On Sale Intoxicating Sunday Liquor ct,f r 0 ICI Business Address 49 .6 13A V )9_1 City La Eir770 i.03A1 Zip Code550-1 a County Horne Address A tA), 147cth/A./e: IA 1 City_ Licensee's Federal 'Fax ID - 1 LI 1 1.‘l (To apply call IRS 800-8294933) Business Phone Horne Phone it,u415_0.513t6.3 Licensee's MN Tax ID # 7 (To Apply call 05(-296-6181) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: ;'— K5Jni. a A/ c,. 0/1 U1:/-/ - 7g ii77-62-4/ 4-/DY ';-it /I inkra. -ley .6154 Partner/Officer Name (First Middle Last) DOB Social Security 4 Horne Address (Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # tromeAddress Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form, The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes o) During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: Policy 4 I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature Date (tiile) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7504, or visit our website at wwwAtpsstalk%mn,us. (Form 901 1-5/06) ACORD„ CERTIFICATE OF LIABILITY INSURANCE PRODUCER (952) 808-7002 FAX: (952) 808-7004 Insurance By Design, LLC 15 West Cliff Road, Ste A Burnsville MN 55337 INSURED Minnesota Jaycees, Inc Affiliated Local Chapters 2101 West Highway 13 Burnsville MN 55337 COVE.RAC EB DATE (MMIODIYYYY) 5/29/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # URERA Chubb Custom Insurance Co INSURER B. INSURER C: INSURER D: INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREQATF LIMITS SHOWN MAY HAVE BUN REDIIC_ F n RY PAID CLAIMS INSR ADD'L LTR ULIEn TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ! X OCCUR 7953-48-94 X Excl Athletic Part X $2500 Deductible A GENII.. AGGREGATE LIMIT APPLIES PER: X ! POLICY I I JECOT P1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR 1 CLAIMS MADE DEDUCTIBLE ETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE IMM/DOIYYI DATE IMMIDD!YYI 9/22/2007 9/22/2008 LIMITS FACH OCCI.IRRFNCF $ 1,000,000 $ 50,000 MED EXP (Any one person) 5 5,000 PERSONAL &ADV INJURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOPAGG $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: E CH OCCURRENCE AGGREGATE AGG WC STATU-OTH- TORY OMITS i FR E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - PCLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Provides evidence of insurance for the Lake Elmo Jaycees as respects their various events CERTIFICATE HOLDER Kristy.Maw@bayportbank.com Lake Elmo Jaycees PO Box 198 Lake Elmo, MN 55042 ACORD 25 (2001/08) ItUC110S rnino, nn., $ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 100 - LuAnn ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL |NSUuED, the poUcyem) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsement(s), If SUBROGATION IS YA|YEO, subject to the terms and conditions of the pohcy, certain policies may require on endorsement. A statement on this certificate does not confer UgNo to the certificate holder in lieu of such enuorsement(o). DISCLAIMER The Certificate of Insurance on the reverse side of this form davn not constitute a contract between the issuing innurer(o), authorized representative or producer, and the certificate holder, nor does haffirmatively or negatively amend, extend oralter the coverage afforded bythe policies listed thereon. ACOwo25p001mm |mSnoyw,oe)�oaa ITEM: City Council Date: 7.15.08 CONSENT Motion Item. 4 Schedule closed meetings on July 22 and on August 12 for the city administrator's performance review SUBMITTED BY: Dean Johnston, Mayor SUMMARY AND ACTION REQUESTED: The city council is being asked to schedule two closed meetings for the purpose of the city administrator's performance review. These are legally closed meetings under the open meeting law. • Tuesday, July 22, 2008 at 6 PM • Tuesday, August 12, 2008 at 6:30 PM (in place of the city council workshop) MOTfON Move to schedule a closed meeting on July 22 at 6 PM and a closed meeting on August 12 at 6:30 PM for the purpose of the city administrator's performance review. City Council Date: July 15.2OO8 CONSENT Item: 5 K0OT(DM ITEM: Resolution accepting the infrastructure improvements of the H.O.A. r» <Eag|e Point Circle) Development REVIEWED BY: Susan Hod City Administrator Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The City Councj|sbeinoasked th e infrastructure � ucb�na|not�|�edeap�oftheH.{}.A.2m'AddiUon(Eog|ePoi-tCiro|e)deve|opmenL The City Engineering Staff has reviewed the requirements of the Developer's Agreement dated July 10. 2008 conducted final field inspection, and has found that the public infrastructure has been installed according hoCity standards, Asnoted inthe attached letter from the City Engineer, the bwo-yearworronh/periodvviUbeginonJu|y15.28U8andendonJu|y14.2OlO, ADDITIONAL INFORMATION The City Forester inspected the landscaping required as part of the developer's agreement in early June and noted afew deficiencies that have since been corrected, 'Move totapprovgResolution No, O8-030 cev�u�+�o��d�b�o����c�� improvements f��e��A,�nA��n(Eagle Point Circle) Development. A||ACHyWENTS: 1. City Engineer's letter ofdevelopment approval, dated July 8.2OD8 2. Resolution No. 08-033 IN 'ERS • ARCHITECTS. PLANNERS 4,14 Cedar Strad, Suite 1500 Saint Pau, MN 55101-2140 July 8, 2008 Mr. Dale J. Glowa Mr. George Burkards United Properties 3.500 American Boulevard West, Suite 200 Minneapolis, Minnesota 55431 Re: Engineer's Recommendation for Final Acceptance H.O.A. 2nd (Eagle Point Circle) City of Lake Elmo, Minnesota TKDA Project No, 14078.001 Dear Mr. Glowa and Mr. Burkards: 1,651) 292-4400 (651) 292-0083 Fax wilet.tiiida,coin We have reviewed the developer -installed improvements for 110,A, 2.nd Addition (Eagle Point Circle), and find that the work has been fully completed in all respects and in accordance with the Developer's Agreement, the Contract, Plans and Specifications, and the applicable standards and ordinances of the City, The Improvements are hereby declared to be complete and acceptance of the improvements by the City is recommended. Pursuant to Lake Elmo City Code, Section 153.15(C), a two-year Warranty period for the improvements will begin on July 15, 2008, and will end on July 14, 2010, The Developer shall warrant and guarantee the improvements against any defect in materials or workmanship for this period. ln the event of the discovery of any defect in materials or workmanship within the two- year period, the defect shall be promptly repaired or corrected, and the warranty and guarantee for the entire project shall be extended for one additional year beyond the original two-year period, for a period of three years following the completion and acceptance, Sincerely, st) n (Jack) W. Griffin, PH -y Engineer CES:cme cc: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent An Employee Owed Company Promoting Affirmative Action and Eve, Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2008-033 A RESOLUTION ACCEPTING THE DEVELOPER -INSTALLED PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE H.O.A. 2nd ADDITION (EAGLE POINT CIRCLE) DEVELOPMENT WHEREAS, the City entered in a Development Agreement dated July 10, 2006, with United Land, LLC (the "Developer"), for the development of H.O.A. 2nd Addition (Eagle Point Circle); WHEREAS, the City's Engineer has prepared final record drawings of the Developer - installed public infrastructure improvements (the "Improvements"); WHEREAS, the City's Engineer in correspondence dated July 8, 2008, declared the Improvements complete and recommended that the City accept the Improvements; WHEREAS, the Two -Year Warranty for the Improvements will begin on July 15, 2008, and will end on July 14, 2010, and a Two -Year Warranty inspection will be completed prior to the expiration of the warranty period, and the Developer will be required to repair or replace, as directed by the City, any work or materials that are found to be defective, at the Developer's sole cost and expense; WHEREAS, the Developer has provided a list of the Improvements and the aggregate costs relating to the installation of $250,000.00; and WHEREAS, the City shall, upon acceptance of the Improvements, account for those assets in accordance with the City's Capital Assets Policy. NOW, THEREFORE, BE IT RESOLVED, the City Council accepts the Developer - installed public infrastructure improvements for H.O.A. 2nd Addition (Eagle Point Circle) effective as of July 15, 2008. Date: , 2008 CITY OF LAKE ELMO By: ATTEST: Susan L. Hoyt City Administrator Resolution No. 08-033 Dean Johnston Mayor ITEM: City Council Da0e� 7/15/08 CONSENT Kem:O Consider approving mnagreement between Washington County Conservation District and members ofthe 2UO8'2D12East Metro Water Resource Education Program for surface water quality education services that iopart ofthe city'uauthorized/approved NPDSsurface water management plan. SUBMITTED BY: Carol Kriegler, Project Assistant REVIEWED BY: Susan Hoyt, City Administrator Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The city council isbeing asked approve afour year agreement between the Washington Conservation District and members for an education program that deals with surface water quality. Education is a mandated part ofthe NPO8 surface water rules. The city's approved NPDS management plan includes providing this education through this consortium because it is both comprehensive and fiscally reasonable. The Valley Branch Watershed uses the same education resources which creates tremendous benefits in promoting a consistent message for surface water management and water quality. The cost is $2.000 and |o paid for through the nity'n surface water utility fee, The City of Lake Elmo joined the East Metro Water Resource Education PrnQ[ann in 2007. Members of the program include Washington County, several watershed organizations and a number of cities partially or wholly within Washington County, (Cottage Grove, Forest lake Sd||vva0er` De|kwoodand VNUernie). These entities have partnered inaneffort hzcollaborate in efficiently and effectively educating the citizens of the Twin Cities east metro area about water resource, storm water, and groundwater management in order to improve water quality. These educational services are a part of the city's authorized/approved NPDS surface water management plan, Continued membership in the program will provide for the continued delivery of the following types of educational services: Coordinate and implement East Metro Water Resource Education Program including presentations, workshops, in -field training, demonstration projects, and published materials; maintain web -based educational material; prepare annual education report (which meetoN184 requirements). Thane efforts are coordinated with "watershed partners" in an effort to minimize overlap and maximize effectiveness in educating the public. The annual contribution amount for the City ofLake Elmo is $2.00U,(with o3.596annual increase beginning in 2010). This is paid for through the surface water fund. MOTION Approved an agreement between N/bah/ngb7n Conservation District and Members of the 2009' 20Y2EontMebnNa&y,ReaounceEducatiVnPnzoronnatacuutof$2,000/n20OQwdhanannua/ increase of 3.5% to be paid for through the surface water utility fee, ATTACHMENTS 1 Contract between Washington Conservation District and Members ofthe East Metro Contract Number: 09-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2009-2012 EAST METRO WATER RESOURCE EDUCATION PROGRAM PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. PURPOSE WHEREAS, the PARTNER has a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, 9 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 23 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in their best interest to define their respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from May 1, 2009 to December 31, 2012 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and their signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2009-2012 Share Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. PARTNER -specific services will be defined in the Annual Workplan noted in Exhibit A. The targeted PARTNER -specific services will be approximately 15% of the total annual workplan. Eighty-five (85) percent of the total annual workplan will be committed to shared, multi -jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide their portion of the annual costs to the HOST in accordance with their executed Signature Page at the end of this Agreement. The total annual budget for the program is shown in Exhibit B with contributions outlined in Paragraph G. If PARTNER Contributions are below the Total Budget, educational material expenses will not be incurred. In the case that overall funding contributions from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget returned or can direct the funds to be used for EMWREP activities. G. FUNDLNG STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $10,000/year Small Watershed Districts (Taxable Market Value < $1 Billion): $10,000/year Medium Watershed Districts (TMV $1-5 Billion): $15,000/year Large Watershed Districts (TMV >$5 Billion): $20,000/year Watershed Management Organizations: $5,000/year Watershed Districts with existing educational staff: $2,000/year Large MS4 Cities: $2,000/year (Population > 5,000) Small MS4 Cities: $500/year (Population < 5,000) In -kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $10,000 of in -kind match to the program per year. As shown in Exhibit B, PARTNER contributions will increase by 3.5% per year to account for inflation. • PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget (the combined contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. 2009-2012 Share Water Resource Education Program Agreement 1. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. INDEMNITY The HOST and PARTNER mutually agrees, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not diminish with respect to any third party, any defense, immunity, or liability limit that the HOST or PARTNER may enjoy under the law. N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The 2009-2012 Share Water Resource Education Program Agreement HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled in this manner. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph 0 above concerning a non -material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This agreement shall commence when executed by all parties and shall continue until terminated. This agreement shall terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this agreement may withdraw participation with ninety days written notice prior to the annual anniversary for this Agreement (January 1 of each year). Termination by any one PARTNER shall not constitute the termination of this agreement in whole and pro -rated contributions will be returned to the terminated PARTNER. Termination by the HOST will constitute termination of this agreement in whole and pro -rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and PARTNER. The HOST and PARTNERS shall have shared rights to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 2009-2012 Share Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Armual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3, Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including plarming, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in -field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web -based East Metro Water Resource Education Program. S. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2009-2012 Share Water Resource Education Program Agreement EXIIIBI I B BUDGET Shared Water Resource Educator Position - Washington Conservation District Estimate Hourly Rate Yearly Salary I (1) Benefits (25%) Subtotal I (2) Overhead (40%) $23.08 48,000 12,000 60,000 24,000 Appx. 2009 Salary (3) Total 84,000 (I) WCD benefits include: health, dental (optional), basic life insurance, retirement, deferred compensation, vacation and holiday. (2) WCD overhead includes administrative and clerical support, equipment, mileage, supplies, rent, and in-house reproduction expenses. Overhead does not include out source reproduction, special bulk mailings, displays, hooks, or other educational program hard -goods and expenses. (3) WCD total does not include some costs, such as managerial, accounting, reporting and clerical support, which would be provided as an in -kind contribution. Year 2009 2010 2011 2012 Salary, Benefits, and Overhead* $84,000 $88,200 $92,610 $97,240.50 Materials $5,000 $5,250 $5,512.50 $5,788. Total $89,000 $93,450 $98,122.50 $103,029 * Budget includes 5% annual increase for wage adjustments and inflation. MEMBERSHIP STRUCTURE AND CASH CONTRIBUTIONS** PARTNER SWWD VBWD BCWD Washington County WCD (in -kind) LSCWMO MSCWMO RWMWD Cottage Grove Forest Lake Lake Elmo Stillwater Dellwood Willernie 2009 Annual Contribution $20,000 $15,000 $15,000 $10,000 $10,000 $5,000 $5,000 $2,000 $2,000 $2,000 $2,000 $2,000 $500 $500 91,000.00 2010 Annual 2011 Annual 2012 Annual Contribution Contribution Contribution $20,700 $21,425 $22,174 $15,525 $16,068 $16,631 $15,525 $16,068 $16,631 $10,350 $10,712 $11,087 $10,350 $10,712 $11,087 $5,175 $5,356 $5,544 $5,175 $5,356 $5,544 $2,070 $2,142 $2,217 $2,070 $2,142 $2,217 $2,070 $2,142 $2,217 $2,070 $2,142 $2,217 $2,070 $2,142 $2,217 $518 $536 $554 $518 $536 $554 94,185.00 97,481.48 100,893.33 ** Partner Contributions includes 3.5% annual contribution increase to cover inflation and program expenses. 2009-2012 Share Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Lake Elmo Annual Contribution Amount: $2,000 (with 3.5% annual increase beginning in 2010) Term: May 1, 2009 to December 31, 2012 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: BY: Title BY: BY: Title Approval as to form and execution: Date Board Chair Date WCD Manager Date 2009-2012 Share Water Resource Education Program Agreement City Council Date: 7-15-08 REGULAR Item: 7 PUBLIC HEARING & MOTION ITEM: Hold a Public Hearing on Part 2 of the Wellhead Protection Plan and Consider Approval of the Wellhead Protection Plan SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Susan Hoyt, City Administrator Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is being asked to hold a public hearing for the Wellhead Protection (WHP) Plan, Part 2. The plan is required to protect the public health and safety of the city's water supply. This meeting is a requirement of Minnesota Rules and State Statute. The city council is also being asked to approve the WHP Plan, Part 2, contingent on the incorporation of public comments received tonight The purpose of this mandatory public hearing is to: • make land owners aware of the proposed management strategies that affect their property, • to provide the public with information regarding the level of protection needed for Lake Elmo's public water supply wells, and • to solicit comments regarding the potential future contaminant sources that may impact Lake Elmo's public water supply wells. What is meant by Wellhead Protection? Wellhead protection is a means of protecting public water supply wells by preventing contaminants from entering the area that contributes water to the well. The wellhead protection area is determined by using geologic and hydrologic criteria, such as the physical characteristics of the aquifer and the effects which pumping has on the rate and direction of groundwater movement. A management plan is developed for the wellhead protection area that includes inventorying potential sources of groundwater contamination, monitoring for the presence of specific contaminants, and managing existing and future land and water uses that pose a threat to groundwater quality. When communicating with the public on Wellhead Protection issues, City staff is charged with the responsibility to balance the need to inform and educate the public and receive public input, with the need to adhere to Homeland Security requirements and guidelines. In this endeavor, City staff is available to meet with the public and make materials available for public review. City mapping and planning documents, however will not be made available on the city website, or released in copy. Bob Schumacher, Lake Elmo resident, assisted with gathering data information for this plan. ADDITIONAL INFORMATJON In Minnesota, the wellhead protection program is implemented in two phases, Part 1 and Part 2, Part 1 of the City of Lake Elmo's WHP plan was completed and approved by the MDH on April 10, 2007. Part 1 is an assessment of current well and groundwater conditions. It involves the delineation of the wellhead protection area and the delineation of the Drinking Water Supply Management Area (DWSMA) boundaries. Part 1 also includes an assessment of the wells' vulnerability. On June 5, 2007, Lake Elmo's WHP Plan, Part 1, public meeting was held to inform the public of DWSMA boundaries and DWSMA vulnerabilities. The WHP, Part 2 then focuses on the management strategies for plan implementation. On August 21, 2007 the City of Lake Elmo authorized TKDA to prepare the WHP, Part 2, Specifically, the WHP Han, Part 2, contains: 1. The drinking water protection goals that the City would like to achieve, 2. An inventory and map of potential contaminant sources, know as the Potential Contaminant Source Inventory' (PCSI). 3. Problems, issues, and opportunities concerning land use issues relating to the aquifer, well water, or the Drinking Water Supply Management Area (DWSMA). 4. Management strategies, objectives, and action plans for managing the existing and possible future potential sources of contamination to prevent groundwater contamination. Since the City wells can receive water from both the surface and subsurface areas, potential contaminant sources in both areas need to be assessed. The principal sources of contamination can include wells, underground storage tanks, hazardous waste generators, and surface water sites. This list of possible contamination sites comprises the PCSI. This list was developed using resident volunteers from the City. In accordance with program requirements, the draft Part 2 report was made available to agencies required by the Minnesota Department of Health (MDH) for a 60-day comment period (the agency listing has been included as attachment No, 1). This comment period ends July 14, 2008. Following tonight's public hearing, the city council will be asked to approve the WHP Han, Part 2. Staff will address all comments to finalize the plan and must submit the plan to the MDH prior to July 19, 2008. The Minnesota Department of Health will then have a 60 day review period to approve the plan. By September 26, 2008, the City of Lake Elmo will need to provide notice to agencies and local units of government of MDH approval and begin plan implementation. The WHP Plan, Part 2, project schedule has been included as attachment No. 2. Please refer to the draft WHP Plan, Part 2, for more detail. This document is available for public review at Lake Elmo City Hall. BACKGROUND Under the Federal Safe Drinking Water Act, all states are required to have a Wellhead Protection (WHP) Program. The Department of Health (MDH) administers this program in Minnesota and requires every public water supply well in the state to have a Wellhead Protection Plan, and to implement WHP measures as identified in the approved plan. The Minnesota Department of Health is granted authority under Minnesota Statutes, Section 1031, subdivision 5, and Minnesota Rules, parts 4720.5100 to 4720,5590. The statutory authority was granted in 1989 with the passing of the Minnesota Groundwater Protection Act, which was a response to the 1986 amendment to the Federal Safe Drinking Water Act. The rules governing wellhead protection were adopted in November 1997. Suggested Motion for Consideration: Move to approve the Wellhead Protection Plan, Part 2, ORDER OF BUSINESS • Introduction • Report by staff or other presenter • Questions to the presenter (3 minutes) Questions/comments from the public (3 minutes) Hold public hearing Mayor facilitates • Call for a motion Mayor and Council members • Discussion Mayor and Council members • Action City Council Susan Hoyt, City Administrator Jack Griffin, City Engineer Mayor and Council members ATTACHMENTS: 1. WHP Plan, Part 2, project schedule 2. Agency listing for MDH 60-day comment period Mayor facilitates LUG List Wellhead Protection Plan City of Lake Elmo 12781.001 Tom Carr, Mayor City of Grant 9550 Joliet Avenue North Grant, Minnesota 55082 Carmen Sarrack, Mayor City of Oakdale 1584 Hadley Avenue North Oakdale, Minnesota 55128 David Beaudet, Mayor City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 William Hargess. Mayor City of Woodbury 8301 Valley Creek Road Woodbury, Minnesota 55125-2320 Kent Grandlienard Town Board Chair Baytown Township 4220 Osgood Avenue North Stillwater, Minnesota 55082 Dan Kyllo Town Board Chair West Lakeland Township 13520 North Greenwood Trail Stillwater, Minnesota 55082 Susan Hoyt City Administrator City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042 Amanda Goebel Washington County Public Health 14949 62nd Street North P,O. Box 6 Stillwater, Minnesota 55082 John Hanson Valley Branch Watershed District 4700 West 7th Street Minneapolis, Minnesota 55435-4803 Karen Kill Browns Creek Watershed District 1380 West Frontage Road Highway 36 Stillwater, Minnesota 55082-2104 Matt Moore South Washington County Watershed District 8301 Valley Creek Road Woodbury, Minnesota 55125-2320 Art Persons MDH Planner 18 Woodlake Drive Southeast Rochester Minnesota 55904 Mr. Jim Kelly Minnesota Department of Health 625 Robert Street North Box 64975 St. Paul, Nlinne.,iota 55101 Jack Griffin TKDA 444 Cedar Street, Suite 1500 St, Paul, Minnesota 55101 CITY OF LAKE ELMO WELLHEAD PROTECTION PLAN, PHASE II TKDA PROJECT NO. 12781 .001 PROJECT SCHEDULE June 5, 2007 Public Information Meeting was held on Phase I of the Wellhead Protection Plan - presentation by MHD staff July 25, 2007 Scoping meeting held per MN Rules with MDH staff and City staff August 21, 2007 City council authorized TKDA to prepare Phase II of the Wellhead Protection Plan May 14, 2008 Draft Wellhead Protection Plan was submitted to Local Units of Government for a 60 day review and comment period. July 14, 2008 Comment period ends July 15, 2008 July 19, 2008 September 19, 2008 September 26, 2008 Public Hearing for public review and comment on the draft Wellhead Protection Plan, city council approves Wellhead Protection Plan Address any comment received from local and public comment and submit plan to MDH End MDH review and receive MDH approval. Provide notice to LUGs about MDH Plan Approval, and staff begins plan implementation **Wellhead Protection Plan Amendement Requirements 1. Annual review of each strategy implemented and modifications needed 2, WHP Evaluation Report needs to be submitted periodically 3. WHP must be amended with the addition of a new Well and every 10 years City Council Date: 7-15-08 REGULAR Item: 8 Motion ITEM: Receive a project report detailing the proposed rights and restrictions for the Sunfish Lake Park Land Trust Easement REOUEOTEOBY� Park Commission SUBMITTED BY: Car|Kheoler, Project Assistant Mike Bouthilet, Public Works and Parks Superintendent REVIEWED BY: Susan Hoyt, City Administrator SUMMARY AND ACTION REQUESTED: The city council hsbeing asked boreceive eproject report related to placing Sunfish Lake Park, a 315 acre park that is used for hiking and skiing, in conservation easement with the Minnesota Land Trust and to endorse the concept presented in the naporL The intent of this project report is to identify the proposed land use restrictions that will be included in the conservation easement. The overriding goal of the Sunfish Lake park conservation easement is to ensure it's permanency as park and preserve and protect its natural obaha through land use restrictions and rights. The gno| of the report is to confirm the proposed land use restrictions and rights asthe Land Trust will next proceed with crafting the easement legal document based onthe project nepnrt. The city council gave the park commission the authority to explore the option of securing a conservation easement for the pork on June G. 2000. The Park Comnhisu|on spent several meetings crafting a report and recommendation for the city council to consider that identified future uses for the pork. The Park commission submitted the Sunfish Lake Park Report, dated October 17 and made presentation tothe city council at its January8 2008 meeting. The report is attached. The Commissions Sunfish Lake Park Report was prepared for the purpose of providing guidance for how the city plans to use the park into the future. The project report has been prepared by the Land Trust in response tothe commissions report and city council comments as means toconfirm the associated proposed land use restrictions and rights to be included in the conservation easement document. ADDITIONAL INFORMATION A conservation easement lists the permitted current and future uses of the land which it covers, The proposed park improvements identified for Sunfish Lake Parkin the 1990 Comprehensive Park Plan, now 17 years old, included a fire pit' fishing dock, trail interpretation sites and emergency telephone. The Park Commission identified all ofthese park improvements os unnecessary and not consistent with the future use ofSunfish with the exception ofthe trail interpretation sites. Sunfish Lake Park is included in the DNR Metro Conservation Corridors 2007 Focus Areas. A OPTIONS Accept the Park Commission recommendation for proposed rights and restrictions for the two areas klSunfish Lake Park inits entirety, Area Three isrestricted bvaneasement and nochanges are proposed. o The three areas include: • Area one ieapproximately 2%5acres which ismostly wooded and contains access to Sunfish Lake itself and three ponda, as well as an extensive system ofdirt and woodchiptrails. • Area Two isapredominantly open area inthe southern part ofthe park consisting ofapproximately 2Oacres. • Area Three iaapproximately 7Oacres insize and controlled byanPNPCA easement. Amend the project reports proposed rights and restrictions asthe city council determines Suggested motion for consideration: Move �pmv�of�Commission recommendation n�ac�p�nceof�apn���pc� outlining proposed rights and restrictions /nSunfish Lake Park and authorize the Land Trust to proceed with crafting the conservation easement document. ORDER [)FBUSINESS o Introduction o Report Questions to presenters (3 minutes) o Questions from public To council (3 minute max) o Call for omotion Discussion (3minuhas) A||ACHN1ENTS: Susan Hoyt, City Administrator David Steele, Chair, Park Commission Sarah5— Minnesota Land Trust Mayor and Council members Mayor facilitates Mayor and Council members Mayor and Council members City Council I Land Trust Project Report Proposed Rights mnd Restrictions, Sunfish Lake Park 2 Park Commission Sunfish Lake Report, October 15. 2007. with illustrations Minnesota Land Trust Proposed Rights and Restrictions For a Conservation Easement Sunfish Lake Park City of Lake Elmo Land Use Restrictions & Rights Detail Industrial or commercial use Prohibited. Agricultural use Current agricultural use of Area Two allowed to continue until restoration occurs. Residential use and development Prohibited. Structures and improvements Area 1 - Prohibited except for: • Minor rustic structures such as trail barriers, benches, picnic tables, boardwalks, observation platforms, birdhouses, and information kiosks. Area 2 - Prohibited except for: • Minor rustic structures such as trail barriers, benches, picnic tables, boardwalks, observation platforms, birdhouses, and information kiosks, •"Interpretive center" and other low impact recreational improvements according to a Park Plan approved by the Land Trust, The "interpretive center" will be limited to textures, colors, and materials that blend with the natural surroundings. Utilities Utilities(to be defined) serve those activities permitted by the easement but otherwise prohibited. Lighting Permanent outdoor lighting will be prohibited in Area 1. Lighting in Area 2 must be downcast and consistent with city policy. Division of the property Prohibited. Development Rights Transfer of development rights to 6/11/08 Minnesota Land Trust Proposed Rights and Restrictions For a Conservation Easement another property is prohibited. Rights of way Access across the property to develop adjacent land is prohibited. Mining Prohibited. Signs Small, unlighted signs for informational or interpretive purposes is allowed. A sign designating the name of the park also is allowed. Roads and trails The access road and parking area are allowed. Roads are otherwise prohibited. Unpaved paths or foot trails, including footbridges and boardwalks are allowed. A paved trail will be allowed in Area 2. Surface alteration Alteration of the natural topography or surface of the land is limited and consistent with the park plan. Vegetation and habitat Management of natural vegetation management to improve its habitat and scenic values is allowed, subject to an approved management plan. Water Alteration of natural water bodies and wetlands, or actions detrimental to water quality are prohibited. Restoration of wetlands or water bodies is allowed according to a plan approved by the Land Trust, Dumping Dumping or accumulation of trash or other unsightly material is prohibited, Vehicles Prohibited except in conjunction with otherwise authorized activities (i.e. habitat restoration or management). Recreational and educational use Recreational and educational purposes that do not impact the conservation values of the land are allowed. This would include walking, hiking, horseback riding, cross-country skiing, orienteering, etc. This would not include 6/11/08 Minnesota Land Trust Proposed Rights and Restrictions For a Conservation Easement mountain biking. 6/1 I /08 Minnesota Land Trust: Overview of Uses for Sunfish Lake Park. SUMMARY AND ACTION REQUESTED� The City Council is asked to review the following recommendations developed by the Parks Commission relating hofuture uses ofSunfish Lake Park. |fapproved byCouncil, the Parks Commission will use the vision iterated below as a blueprint for developing a draft of a Minnesota Land Trust conservation easement for Sunfish Lake Park. PURPOSE The Minnesota Land Trust utilizes easements 0aprotect land and water resources permanently and to preserve important natural and scenic resources bylimiting the use and development of land. Conservation easements allow current citizens to enjoy the land while safeguarding it for future generations, The purpose ofplacing Sunfish Lake Park within oMinnesota Land Trust conservation easement is to protect the water and shoreland of Sunfish Lake itself, preserve the water quality of ponds within the park, protect the natural flora and fauna that make the park home, and define acceptable uses ofthe park. Tndoy'ovision for the park would besustained indefinitely bythe easement and would not be subject to political or other influences in the future, WHY |T}SAGOOD CANDIDATE FOR THE LAND TRUST The Park Commission finds that Sunfish Lake Pork is unique in our region as it is a la,go, onnUguous, and undeveloped area that has been left almost entirely in its natural state. The woods has been identified eopart ofagnsenwaycorridor bythe DNR. |n1871. Michael Scanlan of the Nature Conoomoncy, identified a portion of the pork as "probably the best upland forest in the county" and stated that the "area |aalso unique because ofthe unusually high diversity nfthe fauna and, especially, the flora," GEOGRAPHIC INFORMATION Sunfish Lake Park is approximately 314 acres in size with an easement for the MPCA restricting uses onapproximately 7Oacres. The central y'|ooatwdpark ioprimarily accessed off ofStillwater Lane, has three ponds and provides epublic access point onto Sunfish Lake, Location Map, Sunfish Lake Park inthe city o[Lake Elmo CURRENT USES OFTHE PARK The current uses of the park include picnicking, walking or jogging on dirt or woodchip trails, canoeing, flora/fauna identification, sledding, cross-country skiing, horseback riding, snm*ohoeing.and fenning/hayinA. Afew benches, onunpaved parking lot, anunpaved access road, and aportable toilet can also befound inthe park. 2 Approximate MPCA . Easement Boundaries 2000 Aerial of Sunfish Lake Park �--j m " DISCUSSION OFSUNFISH LAKE PARK The Parks Commission has discussed the future use of Sunfish Lake Park and its possible future inclusion in the Minnesota Land Trust at m number of meetings over the course of the past few years. Staff from the Minnesota Land Trust have met with the Commission on at least two occasions \odiscuss the purpose ufmland trust, Emerging from those discussions, the Parks Commission produced the following statement Statement ofthe Lake Elmo Parks Commission February 2t2O07 Asthe Parks Commission puts the final touches onadraft ofaLake Elmo Comprehensive Park and Recreation Plan this ophn8, the members of the Commission would like to share with their colleagues serving on the City Council and the Planning Commission our strong commitment to the following principles relating to the City'u stewardship of Sunfish Lake Park: 1. The Park isaunique natural oasis within the Lake Elmo park system, and all future development within the Park should be pursued in a way that fosters only quiet, low -impact uses that are protective and sustaining of natural environment that the citizens of Luke Elmo hope to bequeath to future generations. 2, The oou8hemmost, non -wooded area of Sunfish Lake Park is an integral part of the Park and should be developed in ways that are consistent with the overall vision for Sunfish Lake Park as a whole. No future development should be pursued in this section that does not speak directly tnorenhance the overall vision of Sunfish Lake Park as m natural oasis. Nor should this open area be used for non -pork purposes or for organized sports and recreation that require significant allotment of |ond, the construction of large facilities, nroutdoor lighting that does not conform hoLake Bmo'yDark Skies practices. 3. Consistent with the designation by the Minnesota Department of Natural Resources of corridor of land encompassing all of Sunfish Lake Park as well as large areas surrounding the Park on all sides an "Regionally Significant Ecological Arano." all future development within the Park as well as in those adjoining areas should be significantly informed by a need to protect natural nyuounonn, hotitat, and flyways, and the City should explore thepoosibility— as land becomes available for purchase — of extending the southern borders of the Pork to Highway 5 as e strategy for creating a contiguous natural wildlife corridor between Sunfish Lake Park and the Lake Elmo Park Reserve, These principles will guide the Lake Elmo Parks Commission as itprepares a detailed pmzpoao| to the Council to create a land easement with the Minnesota Land Trust that will encompass all ofSunfish Lake Park. Respectfully Submitted, Lake Elmo Parks Commission ROLE CJFSUNFISH LAKE PARK |NLAKE ELMO In both the 1990 ond20O8 Comprehensive Park Pionu, Sunfish Lake Park iadesignated as a ' Community Park owing in pert to its large size. It is one of two existing community parks in Lake 4 DEFINING TERMS Sunfish Lake Park has three distinct areas by virtue of topography and current use: Area One The largest area ofthe park — consisting ofapproximately 225acres —|omostly wooded and contains access to Sunfish Lake itself and three ponds, as well as on extensive system of dirt and woodchip trails. Area Two This is a predominantly open area in the southern port of the park consisting of approximately 20 rolling acres that are currently used for agricultural purposes. Area Three This area is approximately 70 acres in size and controlled by an MPCA easement, EXISTING AND FUTURE USES OF SUNFISH LAKE PARK Area One pfSunfish Lake Park The Parks Commission has reached o consensus that all areas not currently used for parking or tanning (Area One as shown below) should continue to be used in their present form. The trail system should belimited towhat exists except onnecessary 10provide limited access toadjacent future neighborhoods. Maintenance o/both trails and natural areas should becontinued inways that are consistent with current pnsodneo, The existing trail system should be guxomed, movwad, or maintained with dirt or biodegradable wmodohipa. It should be nagu|ody groomedwith dirt or biodegradable mmodoh/poantheir base. The Parks Commission also agreed that the current trail system could be augmented with interpretive signage to help users better navigate the trail system and understand the flora and fauna. The uses currently allowed inArea One are: ° Horseback riding " Walking and jogging ~ Flora and fauna idendficaUon * Cross-country skiing ° Sledding ° Snmwahneing 2000 Aerial of Sunfish Lake Park, Area 1 Area Two ofSunfish Lake Park More recently, the Parks Commission has discussed the approximately 20 acres of the park located south ofArea One (see map be|ow), Thiosedion—AnsaTwo—incummndybeingused for farming/haying and contains a portable toilet and an unpaved parking lot. The Parks Commission has considered the following onpotential uses inArea Two: * Ball fields w Environmental learning center/nature interpretive center —ncdtoexneedXXuq.fL ° Ice skating rink (with boards and accompanying lighting, if necessary) ° VVorminghouoe/ohekor � Picnic area � Swing set/tot lot ° Pavilion = Volleyball court * Indigenous wildflower gardens � Prairie restoration with interpretive aignage ° Archery range w Off -leash dog run Trails 6 2000 Aerial of Sunfish Lake Park; Area 2 Area Three mfSunfish Lake Park This area cfthe park was previously used osalandfill. Ausuch, itiacurrently regulated byan yWPCAeaneme/x. 7 � 2000 Aerial of Sunfish Lake Park; Area 3 After discussing this broad spectrum ofoptions, thePorkoCummisoiondenidedtorecommend uses for Area Two that are consistent with the nature ofthe much -larger Area One and draw on the natural resources ofthe area and the uniqueness cdthe setting. Future uses of Area Two may include: ° Environmental learning area ~ Ice skating rink with warming house ° Picnic area Prairie restoration with interpretive signage The existing parking lot, signage, and portable toilet would also be retained and maintained, The installation ofpermanent ball fieldswas discussed inthis area, but the Commission felt strongly that Area Two isnot suited for such facilities owing k/the rolling topography o/the land and its location auelow-impact entrance hothe park. The Commission has recommended against utilizing either Area One or Area Two of Sunfish Lake Park for permanent ball field use 'in the draft 2OO7Comprehensive Park Plan. ADDITIONAL FACTS: ° Atthe July 5.2OO5.City Council meeting, orequest was made byaresident to consider placing Sunfish Lake Park into the Minnesota Land Trust. = The Parks Commission formed orecommendation k»place Sunfish Lake Park into Minnesota Land Trust easement. The recommendation was brought tothe City Council etthe June G.2U0Gmeeting. Atthat time, the Council authorized the Parks Commission to formulate a full recommendation on whether Sunfish Lake Park should be placed into oneasement held bythe Minnesota Land Trust. The Parks Commission delayed making such a recommendation until the completion of the Lake Elmo Comprehensive Park Plan, ° The proposed park improvements identified for Sunfish Lake Perk in the 1990 Comprehensive Park Plan included efire pit, fishing dock, trail interpretation niteu, and emergency telephone. Recent discussion by the current Parks Commission has identified all of these proposed park improvements as unnecessary nrunwanted uses with the exception of the trail interpretation sites. Sunfish Lake Park is included in the DNR Metro Conservation Corridors 20O7Focus Areas. A portion of the park may be included as a W1CB5 Site of EUodiveneby Significance. PARK COMMISSION RECOMMENDATION The Park Commission iarecommending unanimously that Area One and Area Two cfSunfiyh Lake Park be protected by a Minnesota Land Trust conservation easement with the following Within Area One: Allowable Uses: 1. Allowable uses shouid not be expanded to include activities not currently pursued in this area. Current uses include horseback riding, jogging walking, flora/fauna idendfioadon cross-country skiing, sledding, picnicking, and unovvshoeing. Facilities and Construction: 1. Trails should be regularly groomed and left natural or covered in biodegradable material mcovered with other materials consistent with the natural environment of the park. 2. The trail system should be limited to what exists except as necessary to provide limited access tnadjacent future neighborhoods, 1 Interpretive s\gnago.additional benches located atspecial vistas, and alimited number of picnic tables should beallowed within Area One. 4. Reinforcing timbers and small footbridges should be constructed on a limited basis and as necessary to maintain the existing trail system and the new connection to Tapestry. Within Area Two: Allowable Uses: Uses within Area Two should be governed by the overall character of Sunfish Lake Park as an urban natural oasis in which only quiet and low -impact activities are allowed: 1. When appropriate, the use of Area Two for agricultural purposes should be terminated, and the area should be converted to park purposes. 2. Allowable activities should not include uses beyond those integrated here; ice skating, picnicking,walking/jogging, cross-country skiing, flora/fauna identification, sledding, periodic deer harvesting, and snowshoeing will be allowed in Area Two. Facilities and Construction: 1. The existing unpaved parking lot, signage, and portable toilet facilities are adequate and should not be improved. 2. The construction of an ice skating rink and lighting that are consistent with the Lake Elmo Dark Skies policy would beallowed. This recreational area could beconverted to, and maintained as, a small field where people could gather for informal games of softball, ooncer. Frisbee tog or other such low -impact sporting activities. No construction of backstops or other permanent structures relating to these sports would be allowed. I Tuaccommodate both ice skating and anenhanced educational function, itwould be desirable toconstruct osmall environmental learning center containing information onthe flora and fauna to be found in the park, maps of the hiking trails, etc., for use by hikers, cross-country skiers, and snmwshoero. Aconnecting room could serve onwwarming house for cross-country skiers and ice skaters. 4� The bulk of the 20 acres in Area Two should be used as a prairie restoration area containing native grasses and wildflowers, bird houses, and alimited system cf trails with interproUveyignage, Such an improvement would not only provide o more diversified ecosystem for plants and animals (as well as for park visitors), it would also contribute to the development ofnative habitat and help establish ameaningful nature corridor between Sunfish Lake Park and the Lake Elmo Park Reserve. The trails inthis area should be natural o, maintained with vvoodohips. 5. A small covered picnic area, containing picnic tables, a grill, and perhaps a covered area, inArea Two would beallowed. Within Area Three: Area Three is an integral part of Sunfish Lake Park, but is currently under an easement by the K8PCAand could not beincluded inthe Minnesota Land Trust easement. Not all of the recommended uses will necmuyoh|y be needed for the area. By including dlam in the easement, the City can ensure that each could become n*a|dy in keeping with the Land Trust easement. 10 REQUESTED ACTION The City Council is asked to give consideration to the recommendation provided by the Parks Commission along with staffs guidance, and to approve a final list of uses deemed appropriate for Sunfish Lake Park. Direction from Council will then beused hzcraft the easement document incoming months. Suggested nnohonfor consideration: Move to recommend approval of the uses as recommended by the Lake Elmo Parks Commission for Sunfish Lake Park, 11 City Council 7/15/08 REGULAR Item: 9 Motion ITEM: Receive and accept the 2007 Annual Financial Report REQUESTED BY: Steve MacDonald, City Auditor, Abdo, Eick and Meyer SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director Joe Rigdon, Finance Manager, KDV SUMMARY AND ACTION REQUESTED: The city council is being asked to receive and to accept the city's 2007 Annual Financial Report. The city auditor, Steve MacDonald, will review the highlights of the report for the city council and answer questions. In early 2008, the city hired a financial expert, Joe Rigdon, to organize, reconcile and rework its 2007 accounts at the recommendation of the city auditor as a result of the findings for the 2006 audit. The city council received this report in June. The 2007 audit reflects these changes. ORDER OF BUSINESS Introduction Susan Hoyt, City Administrator Report Steve MacDonald, Abdo, Eick and Meyer Questions from the council Mayor and Council members (3 minutes maximum) Questions from the public To the city council (3 minute maximum) Mayor facilitates Motion Mayor and Council members Discussion Mayor and Council members Action City Council ATTACHMENTS: 1 2007 Management Letter 2 2007 Annual Financial Report City Council Date: 715.08 REGULAR |Uam 10 Motion ITEM: Consider approving contracting for routine account processing services SUBMITTED BY: Susan Hoyt, City Administrator Tom8outhilet. Finance Director REVIEWED WITH: Joe Rigdon, Finance Advisor, KOV Steve MacDonald, Auditor, Abdo, Bokand Meyer SUMMARY AND ACTION REQUESTED: The city council isbeing asked to enter into an agreement with the city ofRoseville for routine account processing services hoc accounts payab|e, payro||, utility bUUng, reconciliation of accounts, routine monthly and quarterly financial reports and data input into the budget tobecharged onanhourly basis. This iapart nfthe city's effort to effio|andy, effectively and economically move forward as ittransitions to excellence in financial management for better decision making and accountability to the citizens and taxpayers of Lake Elmo, it is also fulfills the administrator's responsibility to efficiently manage city staff and financial resources — in other words find ways to meet the city council's goal for financial accountability and openness. The proposed services are routine accounting activities that the finance director has taken on as part of the city's effort to make its financial records more understandable and public while maximizing the use of its staff resources. The finance director currently spends at least 50 hours a month on routine billing and related reporting that must be worked inwith his other work time, which creates inefficiencies in processing these accounts and takes him away from other work that he is responsible for carrying out. Prior to February, 2008 the city had a full time employee at an annual cost of $63,000 (2080 hours a year/173 hours per month) that processed these accounts and assisted the finance director with related reports and doing reconciliations oq the city was spending over 200 hours a month on these activities or at least 2400 hours a year. The proposed contracted services anticipate about 28 hours a month toaccomplish this routine processing work, reconciliations and related reports. These services ans behindthesoenes'aV\hac\tyvvU\not|ose the personal connection between the nity'ofinnnoe director and the community and staff since he will continue to answer questions regarding the accounts payable and utility billing and other financial questions as they emerge. An additional 4 hours per month at level of finance director expertise has been built into the estimate for an additional $ 320 per month and $1,600 for five months for expertise in budgeting and recommending upgrades and efficiencies inthe city's software. The cost of the 32 hours per month for these services is about $ 1,840 per month or an estimated $8.2OOfor five months remaining in2OO8 This includes some additional costs for getting started with the zity'ssoftware and for budget data input work. The costs can becovered through the oity'ocurrent budget, The funds for the general fund activities (about $1 340omonthhJrpayro//. accounts poyab|e, reports and reconciliation and potential expertise o,$G.7OOthrough the end of the year) will come from the savings inthe finance director's time (efficiency in using his time) and from savings in the general fund budget related to personnel expenses that will not be incurred. (This includes not hiring a building official prior to year end and having no expenses related to pay outs for retiring or resigning employees for accrued paid time off. There may be remaining funds from the $63,000 budgeted for the former permanent employee depending upon the demands placed on Joe Rigdons' firne), The $500/month or $2,500 for five months for utility billing is already included in the utility fund budgets. |naddition, this service will reduce the demand onthe finance advisor, (Joe Ri dVn's)houdvdme commitment to the city because his expertise in accounting software, organizing and inputting information onthe budget document and financial reporting can bereduced, Although another option included contracting with atemporary service for this work, the auditor encouraged the city to approach the city ofRoseville because the existing trained expertiseand familiarity with the accounting software and government accounting makes this a more cost efficient way to proceed and Roseville has had an excellent reputation for sound financial practices for many years and it has provided these services hoother cities in the past. ADDITIONAL INFORMATION Gettinq financial records and systems in olace usina the riqht skills for the riaht job. In response to the auditor's recommendations and the city council's interest in making sure it is managing its finances according to best practices and in a public venue, the city has hired a finance advisor to provide the government finance expertise and experience needed to manage government accounts by todoy'm standards, This approach does not commit the city to having this level nfexpertise and the associated expense permanently onthe city staff, Asecond area of finance work is the processing of the routine mccounts, which needs to be done an efficiently and accurately as possible without draining critical staff resources. This is another step /n the process of getting the right level of resources assigned to the tasks at hand, Once the city's financial systems are organized and working efficiently costs for financial management expertise will be significantly reduced. In other words, the $36.O0Ospent on reconciling the city's financial records and bringing them into conformance with government accounting standards will not have to be repeated ifbest practices are followed and the city has access tofinancial expertise onanas needed basis asitgoes forward, With the opportunity bocontract for trained, experienced accounting personnel for budget organization and input data, the financial advisor (Joe Rigdon) time can focus onthe overall budget and its impacts, onthe capital improvement financial plan, on evaluating Mlecib/'o inveshnents, and developing o system for charging and tracking individual development costs rather than relying onaone time fee. This work will likely beone ortwo days a week and also include city council meetings on the budget through the end of the year. Evaluatinq the efficiencies and costs of staff Upon analysis by the finance team, the team determined that the finance director's time, which costs the city about $44/hour(salary with benefits), is now dominated by processing routine accounts. The team believes that his time would be better spent in managing the processing of the accounts (rather than doing the nuts and bolts), continuing to respond to resident and property owner questions about utility bills and other charges and financing topics and by doing other important management level work related to personnel po|ioies, personnel management, safety and insurance aowell asactivities like the Fall Festival and other internal projects thot need management and someone tooversee and implement otcity hall. These routine accounting services currently being done by the finance director can be done for an estimated 28 hours amonth bythe city ofRoseville with the majority oythe services ot $5Oper hour because the city of Roseville has staff designated, trained, and experienced in these processes and in the same financial software, The city ofRoseville has contracted out these services hnother cities in the pooL In addition, the finance director has asked that the city'a accounting software be evaluated and that the city be given recommendations for upgrades from the city of Roseville personnel who work with these systems, |nitiaUy, this would have been part ofthe finance manager (Joe Rigdon) (asko, but using Roseville for this analysis will save the city time and money, There is ultimately acost savings huthe city by freeing upthe finance director's time on critical organizational activities like OSHA requirements, updating the very outdated personnel policy, developing o performance pay plan and salary plan for the city nounni|'u review. In addition there are other management issues at play. First, this will give the cih/'sfinance director exposure to and access to staff in another city, which uses the same financial tools, Second, |tishighly recommended that a finance director beout ofthe office onvacation for at least one week every year. Given the finance director's work schedule and his being tied hothese routine accounts, he has not been able bodn this for atleast the past two years. Again' this is not aconcern about the finance director's integrity, but it is a standard best practice that the city should beimplementing and the finance director expects. Third, the finance director's work week is much longer than it should be from an employee perspective. This service will allow Tom to use his management skills and to focus on less routine octivities, pay attention to other critical areas in the organization that fall under his responsibility and to maintain a 40 hour work week. PROPOSAL Service Estimated Estimated Cost per Estimated cost Estimated cost Funding hours per hours hour per month through year end Source rnontn through year end Accounts payable Ohoum 40hvue $50 $400 $2.VoU General Fund Payroll w. all reports 8 hours 30hovrs $ 50 $aoD $ 1.500 General mPERAtax Fund payments etc, and answer employee nueedonv Utility Billing including 10houm 50hvvm $50 $500 $2.500 Utility Funds loading meter paid by readers, preparing users mailings, doing related required reports (LE Finance Director is contact with the public) Reconciliation of «hvvrs 20hnvrs $80 $320 $1.uon General month end including Fund revenue and expenditure reports Additional support for advice on software. budget input etc. 4 hours 20 hours $80 $320 *1,5oo General Fund and UtilitvFunun 32 hours 160hours $1,840 $9,200 $Onmvu,is for Assistant Finance Director level help; $5oihovrisfor experienced accountant's time OPTIONS Once the finance team determined that it was time hotransition from having the finance director actually do the day to day accounts, and instead. contract for this work. Since baking on an employee at a very part time basis is difficult to find the government expertise would be difficult to find and require training. (Several cities are seeking accountants now) and since committing bzan employee has long term financial imp|ioationo, this was not considered asonoption. Hiring a temporary accountant through atemp agency was aconcept considered and would come ata cheaper hourly rate, about $30 per hour, but without the expertise and financial training on the odv'g software this would like require more than a 32 hour month commitment and take upmore ofthe finance director's time that weare trying tofree upfor other tasks. \twould batied tothe individual hired by the city through the ogenny, rather than to the service being provided (Roseville is agreeing to provide the service and it will be served through the most appropriate and available people), It will also help Lake Bnno in its transition to excellence in financial management since the city of Roseville has been practicing best financial management practices for decades. In addition. the efficiency of Roseville being part of the IT network makes the exchange of information and records much easier and very efficient. RECOMMENDATION It recommended that the city contract with the city of Roseville for accounting processing services through year end because it provides the services and skills through trained accountants who use for high quality city financing and accounting standards, The city kaassuring the quality ofthe work regardless ofwhat employee (o)are assigned bothe work. (The utility billing clerk may be different than the accounts payable clerk because Roseville has a large finance department with specialties. In addition, the availability ofexpertise nnimprovements hobo made inthe software and the billing systems an well as the budgeting process will already be built into the service. . During the budget process the staff will evaluate and recommend a financial staffing model that is most cost effective for 2OO8including how this contracting for service isworking. SUGGESTED MOTION FOR CONSIDERATION Move bxauthorize entering into anagreement with the city ofRoseville for accounting processing services for anestimated $Y[\0OOb7befunded through the general fund and utility funds through the end o/2OO8with the intent toevaluate the efficiencies and value ofcontracting for this service as part of the city'o2O09budgeting process. ORDER C}FBUSINESS Introduction / Report Susan Hoyt, City Administrator Tom Bouthilet, Finance Director Questions from the city council Mayor and Council members (3 minutes maximum) Questions from the public Mayor facilitates (3minutes maximum) Call for amotion Mayor and Council members Discussion Mayor and Council members Action City Council Al iACHKAENT 1: City of Lake Elmo Agreement for Accounting Services with the City of Roseville The agreement for accounting services between the city of Lake Elmo and the city of Roseville for accounting services to include: • Accounts payable (twice monthly) • Payroll (twice monthly for regular employees, once monthly for firefighters) o Answer payroll related questions from the city of Lake Elmo employees. • Utility billing for water, sewer and surface water (quarterly for water and sewer and annually for surface water) • Managing the updates to the utility billing data base • Month end reconciliations • Monthly revenue and expenditure reports fo the city administrator • Quarterly revenue and expenditure summary reports tor the city administrator to distribute to the city council • Input into the budget document (as needed from August through December) • Recommendations on financial accounting software and efficiency improvements in the financial accounting systems( as needed) including the chart of accounts and report formats The city of Lake Elmo will: • provide the required information to the accountant to process these tasks and update the systems in a timely way so the accounts can be processed on schedule. • provide accurately coded accounts payable • provide data to update the utility billing accounts • provide access to the city of Lake Elmo's accounting systems on an on -going basis so there is no delay • answer calls and questions related to accounts payable and utility billing • provide the budget document format and the budget information to be input into the budget document • provide work space, a computer, a copier, and other routine office supplies at the city of Lake Elmo, when required to provide these services by the city of Roseville staff • provide access to the city administrator and finance team in a timely fashion to answer questions and give direction as needed The city of Roseville will charge an hourly rate as identified in Appendix 1. Appendix 1 is annually subject to change based upon a change in costs for providing this service by the city of Roseville that is mutually agreed upon by the two parties. Additional charges may include: 11 travel time, 2) copies, 3) postage, 4) other miscellaneous out of pocket expenses that the city of Lake Elmo would typically cover as part of these processes, Payment will be made monthly. Draft 7-11-08 City of Lake Elmo Agreement for Accounting Services with the City of Roseville The accounting work will be assigned to accounting personnel by the city of Roseville in consultation with the city of Lake Elmo administrator and finance team. The city of Roseville is responsible for the quality and accuracy of work performed through this contract. All personnel providing this service from the city of Roseville are city of Roseville employees and are not employees of the city of Lake Eimo. The city of Roseville is not responsible for errors and omissions that the city of Lake Elmo makes in providing information or in its accounting software. The city of Roseville is not responsible for policies related to the payments, payroll, fees and charges made by the city of Lake Elmo. The agreement may be terminated by either party with a 30 day written notice. City of Lake Elmo City of Roseville Draft 7-11-08 City of Lake Elmo Agreement for Accounting Services with the City of Roseville APPENDIX 1 Assistant Finance Director Services $80/hour Accountant $50/hour Mileage rate as required Draft 7-11-08 ITEM: SUBMITTED BY: REVIEWED WITH: City Council Date: 7.15.08 REGULAR Item 11 INFORMATION/DIRECTION Review the timeline for the 2009 Budget Process Susan Hoyt, City Administrator Joe Rigdon, Finance Manager, KDV Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The city council is being asked to review the timeline for the 2009 budget process. The 2009 budgeting process will include reviewing all the city funds rather than just the general fund budget. It will also include education about how the new levy limit law will impact the city's budget. Joe Rigdon will lead the city staff and city council on the budget initiative, anticipated impacts from funding options and education on the budget. The staff management team meets this week to begin the budgeting process. A new format will be part of this process. See Attachment 1 for process ORDER CF BUSINESS Introduction/Report Susan Hoyt, City Administrator Questions from the city council Mayor and Council members (3 minute maximum) Questions / comments from the public to The city council (3 minute maximum) Mayor facilitates Direction from the city council City Council ATTACHMENT: Proposed schedule for the 2009 Budget Process PROPOSED SCHEDULE FOR THE 2009 BUDGET PROCESS This schedule may be subject to change. AU meetings will be on the web site. Tuesday, July 15 Tuesday, August 5 Tuesday, August 19 Tuesday, September 2 (If ready) If needed: Tuesday, September 9 (if not ready on Seat. November 18, 2008 (if needed) December 1, 2008 If needed Oecernber 8, 2008 December 9, 2008 October, November, December A process and a timeline for a comprehensive CIP with financial planning and financial resources will go beyond 2008 and into 2009 Staff Meeting 5:30 PM to 6:45 PM 5:30 to 6:45 PM 7 PM regular meeting workthop - - 7 PM regular meeting 7 PM special meeting (may combine Dec 2 regular meeting into this meeting - TBD in the future) 7 PM special meeting 7 PM special meeting To Be Determined Lr-Shddingirepreseri ' ndSithat, lOealieCided Budget guidelines Budget document Internal budget deadlines Introduction General Fund Numbers General Fund modifications (if any) Special Revenue Funds Numbers Enterprise Funds Numbers (Water, Sewer, Surface Water) Adopt preliminary 2009 fax levy Adopt preliminary 2009 general fund budget Adopt budget public hearing and budget adoption dates Revisit the preliminary budget, if needed Budget information and truth in taxation hearing Continuation heaing, eded Subsequent hearing to Adopt final 2009 tax levy Adopt final 2009 general fund budget CIP process / 2009 capital projects Internal staff MAC review of proposed equipment needs in CIP Review CIP with City Council tor input Review CIP with Planning Commission City Council adopt 2009 - 2014 CIP 11 July 2008