HomeMy WebLinkAbout2009 01-20 CCPCity of Gem Lake, MN
City Council .Meeting
January 20,.2009
Special Before Meeting Activities: 6:30 P.M.
Swearing in of newly elected City Officials
Seating of Elected City Council Officials
Call To Order Of City Council. Meeting -- By Mayor Uzpen at 7:_ Y.M.
Call Of Roll
Uzpen Artig-Swomley Lindner Rasmussen Watson
Others in Attendance: Sign-up Sheet
Approval of City Council Minutes and Agenda
• Minutes of City Council meeting of December 16, 2008:.
• City Council Agenda for this. meeting. (Accept)
Committee Reports
Planning Commission January meeting report (Accept)
Public Notices
None
Old Business
• City Newsletter - Next Edition Features.
• City MS4 report for 2008 Due March 2009 - Watson
• Payment to citizens for drive way repairs - Uzpen
• Heating and Air Conditioning Contract - Uzpen
New Business
• Approval of payment of December claims.
• Financial Report - December 2008
• Appointments for 2009 - Resolution 2009 -- 01
• Infrastructure Projects requiring attention - Justin
o Projects that must. be done
o Projects that would be nice to do
• Approve Ordinance No. 105 Relating. to Criminal History Background
For Applicants for City Employment .and `City Licenses and Authorize
Execution by Mayor and City. Clerk.
• Approve Release of Information Authorization Form.
Presentations from the Floor
Future City Council Meeting
• Next Workshop meeting February 2, 2009 at 7:00 P.M.
• Next City Council meeting February 10, 2009. at 7:00 P.M.
Adjournment
■ The meeting adjourned at
City of Gem Lake
February 2, 2009
Planning Commission Minutes
Planning Commission Members Present: Beth. Herzog and Craig Rafferty
Also Present: Steve Herzog, Dan Marier, Mayor Robert Uzpen, Councilmeinbers Gretchen
Artig-Swomley and James Lindner.
1. Meeting called toorder.
a. Meeting called to order at 7:03 pm
b. Minutes of January 6, 2009, reviewed and. approved.
2. Lindner reported SEW on:
a. Dan Jochim of SEH expects to complete the corrections and final changes for the Gem Lake
Comp. Plan at the same time once all input is completed. All comments should be submitted
within the next 2 months.
b. Cha Commission sessions will require an additional service fee. Changes or omissions that
SEH should coordinate are part of the basic fee and will not be part of any additional
expense.
c. Questions should be directed to Trevor Oliver, City Attorney, regarding how to clearly write
the mixed use description into the comprehensive plan. He has indicated that draft samples
of Mixed Use descriptions are available.
d. White Bear Lake is creating a mixed use area west of the RR track in the center of town.
Gem Lake's proposal for mixed use would have more area involved but could be written to
reflect a similar set of parameters. The WB plan was proposed on June 30, 2008.
e. The Mixed Use zone incorporates any number of concerns but will be protected by the PUD
process.
f. The Putnam Guidelines allow for mixed use.
g. White Bear Lake has inquired about a joint effort to define the Mixed Use Districts
h. Highway 61 corridor plan suggested in the Ramsey County Comp Plan. Gem Lake should
review.
i. A Storm Water Management Plan is still missing from the Gem lake Comp. Plan. It will be
incorporated by SEH
Regarding the Comp. Plan Council Member Lindner reported:
j. Some Met Council comments were missed by SEH and will be incorporated.
k. Gem Lake directed the use of incorrect numbers that must be coordinatedwith the Met
Council numbers.
I. It was noted that there is a direct correlation between the amount of housing and the number
of affordable housing units that would be required.
m. In 2008.the average housing price was $218,000).
n. There is an annual review.
o. The City Council will discuss the projected $8,000 requested by SEH to complete the Comp.
Plan.
p. Mayor Bob Uzpen explained that the SEH contract will be reviewed and.. a copy will be
provided to the Planning Commission for review.
q. PC members are asked to look over the Mixed Use and P.U.D. language.
3. Agenda items
a. Mayor Uzpen reported on the Vadnais Heights. Public Hearing at their Planning Council
meeting. The VH PC reported that it was an excellent project and voted in favor 3-1. There
were several comments in opposition from the neighbors. It will be located south of County
Road E and east of Labore Road. 4-story senior housing.
b. Gem Lake should prepare a response to the Ramsey County Comp. Plan
Areas to consider are land use housing
• Mayor Uzpen questioned if Gem Lake should comment on water planningas it
relates to VVB and WBT?
c. Gem Lake should respond to the Ramsey County Comp. Plan by April. Review at next
meeting and then forward comments.
d, Look at the. January Ramsey County Comp. Planissue.
e. The current Moratorium will be discussed at next meeting.
f. Planning Commission to work forward,
g.
h.
Zoning districts are. changing.
Develop package of materials.
Update the Sign Code by reviewing Council Member Gretchen Artig — Swomley's Draft.
Planning Commission Size is being adjusted per decision of the City Council to 5. Dan
Marier, present tonight, will join the Commission.
4. March Agenda to be determined. items to be considered.
Mixed Use Review, PUD review, Signage review, Ramsey Co, Comp Plan Review
Meeting adjourned at 8:07 pm
Minutes submitted by Craig Rafferty
XC:
City of Gem Lake, MN
Resolution No.2009 — 01
January 20, 2009
A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE
FUNCTIONS NECESSARY FOR SUPPORTING THE GOVERNING BODY OF THE
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the individuals, municipalities and or companies identified have agreed to
serve in the appointed positions identified for the period 01 January 2009 to 31 December
2009.or until replaced by another in an updated resolution.
Appointed City Officials and other appointed companies to represent the City.
Per Statue these positions/businesses are required.
Acting Mayor: Charles Watson
City Clerk: William Short. WBT
City Treasurer: Jessie Hart WBT
Data Practices Responsible Authority: Jean Reiter and Jessie Hart
Official City Depository (Bank) Premier Bank
Official City Publication (for public notices) White Bear Press
City Committees or Commissions
Planning Commission
Craig Rafferty Chairman
Derek Wippich Commissioner
Beth Herzog Commissioner
Plan Review Committee
Craig Rafferty
James Lindner
Other City Positions
City Prosecuting Attorney: Attorney Robb Olsen
City Auditor: LarsonAlien
City Emergency Services Director: James Lindner
City Engineers: Short Elliot Henderson (SEH) Justin Gese.
City Code Enforcement Officer - Michael Johnson WBT
City Attorney: Kelly & Lemmons P.A.
City Planner: WBT
City Accountant: WBT
City Inspectors
Chief Building Official - Michael Johnson WBT
Building Inspector - Michael Johnson WBT
Plumbing Inspector - Michael Johnson WBT
ISTS/Sewer Inspector-- New Systems — Michael Johnson WBT
ISTS Inspector — Bi-annual inspections-- Brian Humpal
MechanicalIHVAC Inspector —Michael Johnson WBT
Electrical Inspector — James Manteufel — Summit Inspections
Weed Inspector — Robert Uzpen
Contractors for City services
City PerrnitlLicense Bureau Operator (Issues permits and licenses) WBT
City utility and other billing Contractor — WBT
City secretary/receptionist — Supplied by Ramsey County Sheriff
Sewer Inspection/Maintenance Contractor — WBT
Snow Plowing & Sanding Contractor—T.A. Schifski Co.
City Recycling Contractor — Waste Management
Law Enforcement Contractor -- Ramsey County Sheriff
Fire, Fire Marshall, Paramedic Contractor — City of White Bear Lake Fire Dept.
Animal Control Contractor — Animal Control Services Richard Ruzicka
City Public Works Coordinator WBT
IT and VIOP telephone coordinator — City of Roseville
City Representatives to outside groups and organizations
Ramsey County League of Local Government Reps Primary: Thomas Rasmussen
Alternate: Charles. Watson
VLAWMO Board of Directors member — Primary: Robert Uzpen
Alternate: Charles Watson
VLAWMO Technical Commissioner - TBD
1-35 E Corridor Management Team: Gretchen Artig-Swornley
RCSD Contract Community Representative: Thomas Rasmussen
INDEX
WBT: White, Bear Township
MEMORANDUM
TO: CITY COUNCIL
FROM: PATTI S. WALSTAD
DATE: JANUARY 5, 2009
SUBJECT: CRIMINAL BACKGROUND CHECK ORDINANCE
The Sheriffs Contract Group Communities were advised by Undersheriff
Altendorfer at their December 2008 meeting that the BCA has changed their
regulations on background checks. The BCA is now requiring that each
community adopt a Criminal Background Check Ordinance if they wish to
continue to have the Sheriff's Department provide this service.
l utilize this service from the Sheriff's Department when renewing the City's
tobacco and liquor licenses.
A sample ordinance was provided, and 1 have conformed the wording to pertain
to Gem Lake. Several other communities including the Township and Little.
Canada have already passed this.
Requested Action:
Adopt Ordinance No. 105 relating to Criminal History Background for Applicants
for City Employment and City Licenses, and authorize execution by the Mayor
and City Clerk.
PSW/s.
cc:admin:fle
b; BCA
CITY OF GEM LAKE
ORDINANCE NO. 105
ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND
FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. EMPLOYMENT BACKGROUND CHECKS — APPLICANTS FOR
TOWNSHIP EMPLOYMENT.
1-1. PURPOSE. The purpose and intent of this section is to establish
regulations that will allow law enforcement access to Minnesota's Computerized
Criminal History information for specified non -criminal purposes of employment
background checks for the positions described in Section 1-2.
1-2. CRIMINAL HISTORY EMPLOYMENT BACKGROUND
INVESTIGATIONS. The Ramsey County Sheriffs Department is hereby
required, as the exclusive entity within the City of Gem Lake, to do a criminal
history background investigation on the applicants for the following positions
within the City of Gem Lake, unless the City Council concludes that a
background investigation is not needed: Employment positions: ail regular part-
time or full-time employees of the City of Gem Lake.
1-2.1.. In conducting the criminal history background investigation in order
to screen employment applicants, the Ramsey County Sheriffs.
Department is authorized to access data maintained in the Minnesota
Bureau of Criminal Apprehensions Computerized Criminal History
information system in accordance with BCA policy. .Any data that is
accessed and acquired shall be maintained at the Ramsey County
Sheriff's Department under the care and custody of the Sheriff or his or
her designee. A summary of -the results of the. Computerized Criminal
.History data may be released by the Ramsey County Sheriffs Department
to the City Council, City Clerk or other City staff involved in the hiring.
process.
1-2.2. Before the investigation is undertaken, the applicant must authorize
the Ramsey County Sheriff's Department by written consent to undertake
the investigation. The written consent must fully comply with the provisions.
of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of
the information. Except for the positions set forth in Minnesota Statutes,
Section, 364.09, the City will not reject an applicant for employment on the
basis of the applicant's prior conviction unless the crime is directly related
to the position of employment sought and the conviction is for a felony,
gross misdemeanor, or misdemeanor with a jail sentence. If the City
rejects the applicant's request on this basis, the City shall notify the
applicant in writing of the following:
1-2.2(a). The grounds and reasons for the denial.
1-2.2(b). The applicant complaint and grievance procedure set
forth in Minnesota Statutes, Section 364.06.
1-2.2(c). The earliest date the applicant may reapply for
employment.
1-2.2(d). That all competent evidence of rehabilitation will be
considered upon reapplication.
SECTION 2. LICENSE BACKGROUND CHECKS — APPLICANTS FOR CITY
LICENSES.
2-1. PURPOSE. The purpose and intent of this section is to establish
regulations that will allow law enforcement access to Minnesota's Computerized
Criminal History information for specified non -criminal purposes of licensing
background checks.
2-2, CRIMINAL HISTORY LICENSE BACKGROUND
INVESTIGATIONS. The Ramsey County Sheriffs Department is hereby
required, as the exclusive entity within the City of Gem Lake, to do a criminal.
history background investigation on the applicants for the following licenses in
the City: employees/owners of liquor establishments; peddler/solicitor/transient
merchant licenses; tobacco licenses.
2-2.1. In conducting the criminal history background investigation in order
to screen license applicants, the Ramsey County Sheriffs Department is
authorized to access data maintained in the Minnesota Bureau of Criminal
Apprehensions Computerized Criminal Apprehensions Computerized
Criminal History information system in accordance with BCA policy. Any
data that is accessed and acquired shall be maintained at the Ramsey
Sheriffs Department under the care and custody of the Sheriff or his or
her designee. A summary of the results of the. Computerized Criminal
History data may be released by the Ramsey County Sheriffs Department
to the licensing authority, including the City Council, City Clerk or other
City staff involved in the license approval process.
2-2.2. Before the investigation is undertaken, the applicant must authorize
the Ramsey County Sheriffs Department by written consent to undertake
the investigation. The written consent must fully comply with the provisions
of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of
the information. Except for the positions set forth in Minnesota Statutes,
Section 364.09, the City will not reject an applicant for a license on the
basis of the applicant's prior conviction unless the crime is directly related
to the license sought and the conviction is for a felony, gross
2
misdemeanor, or misdemeanor with a jail sentence. If the City rejects the
applicant's request on this basis, the City shall notify the applicant in
writing of the following:
2-2.2(a).
2-2.2(b).
2-2.2(c).
2-2.2(d).
The grounds and reasons for the denial.
The applicant complaint and grievance procedure set
forth in Minnesota Statutes, Section 364.06.
The earliest date the applicant may reapply for the
license.
That all competent evidence of rehabilitation will be
considered upon reapplication.
SECTION 3. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part hereof, other than the part held to be invalid.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in
force from and after its passage and publication.
Passed by the City Council of the City of Gem Lake, Ramsey
County, Minnesota, this day of January, 2009.
Bob Uzpen, Mayor Bill Short, City Clerk
Release of Information Authorization
The following named individual has applied for a license with the City of Gem Lake:
Last Name of Applicant (please print):
First Name (please print) :
Middle (fWI)(p]ease print):
Maiden, Alias or Former(please print):
Current Address:
Date of Birth: Month/Day/Year
Sex (M or F):
1, the above named applicant, authorize the City of Gem Lake to request a
computerized criminal history search in my name through the Ramsey County
Sheriffs Department and/or the Minnesota Bureau of Criminal Apprehension,
pursuant to Minnesota Statutes, Section 364.03, relating to disqualification for a
license. Additionally, 1 authorize the Minnesota Bureau of Criminal Apprehension
and Ramsey County Sheriffs Department to disclose all criminal history record
information to the City of Gem. Lake for the purpose of completing my license
application.
A copy of the license application is .attached for reference.
This authorization request form shall expire one year from this day of
?0.
Signature Date
FIRST AMENDMENT
TO
JOINT SERVICES AGREEMENT
BETWEEN THE TOWN OF WHITE BEAR
AND THE CITY OF GEM LAKE
THIS AGREEMENT is made and entered into between the TOWN OF WHITE
BEAR (the "Town"), a statutory township of the State of Minnesota, and the CITY OF
GEM LAKE (the "City"), a Minnesota municipal corporation.
WHEREAS, the City and the Town have an active Joint Services. Agreement
between them, which has been in effect and annually renewed since January, 2007;
WHEREAS, the City desires to change the means by which it delivers locating.
services for the Gopher State One -Call system;.
WHEREAS, the original Agreement allows for the Town to provide this service
through its Public Works Coordinator;
WHEREAS, the as -built drawings of the City's public works facilities have been
in the possession of City officials since the construction of the various facilities;
WHEREAS, the Town desires that the City assume liability for any action taken
in reliance upon the "as -built" drawings, and the City agrees to do so;
WHEREAS, the Joint Services Agreement provides for amendment by the parties
through formal enactment; and
WHEREAS, Minnesota Statutes, § 471.59, provides that a governmental unit may
enter into an agreement with another governmental unlit to provide services or perform
functions on its behalf, provided that the services or functions are those which the
providing governmental unit is authorized to provide for itself.
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the
Town of White Bear and. the City of Gem Lake agree to amend their original Joint
Services Agreement, dated January 22, 2007, :as follows (additions underlined, deletions
struck through):
VII. INDEMNIFICATION
At all times during the term, including any renewal term, the Town shall keep in.
full force and effect a policy or policies of liability insurance with respect to the
personnel and services described in this Agreement, with companies licensed to
do business in the State of Minnesota. The Town shall name the City as an
additional named insured and shall provide adequate coverage under reasonable.
limits of liability of not less than the statutory limits for municipalities. The
Town agrees to hold the City harmless: and agrees to defend and indemnify the
City for any claims related to its responsibilities under this. agreement.
At. all times. during the term; including any renewal term, the City shall keep in
full force and effect a policy or policies of liability insurance with respect to the
use of and reliance upon City documents and materials by Towri employees in the
provision of services described in this Agreement, with companies licensed to do
business in the State of Minnesota. The City shall name the Town as an
additional named insured and shall provide .adequate coverage under reasonable
limits of liability of not less than the statutory. limits. for municipalities. The City
agrees to hold the Town harmless and agrees to defend and indemnify the Town
for. any claims related to the use of or reliance upon City documents and materials
te.g. "as -built" drawings for sewer and water facilities).by employees ofthe Town
performing duties. pursuant to this Agreement.
Under no circumstances, however, shall the City or the Town be required to pay
on behalf of itself and the other party any amounts in excess of the limits on
liability established in Minnesota Statutes Chapter 466 for any one party.
The parties hereby affirm that the Joint Services Agreement Between the Town of White
Bear and the City of. Gem Lake, dated January 22, 2007, as amended herein, including.
the exhibit A accompanying the original Agreement, is the entire agreement between the.
parties.
IN WITNESS WHEREOF,the parties have caused this Amendment to be duly executed
as of the date and year written below.
TOWN OF WHITE BEAR CITY OF GEM LAKE
ROBERT WEISENBURGER, Board Chair ROBERT UZPEN, Mayor
Date: Date:
.Attest: Attest:
Wiliam Short, Town ClerklTreasurer William Short, City Clerk
MEMORANDUM
Date: January. 20, 2009
To: City Council
From: Jessie Hart, Treasurer
Re: Audit Services for the Year Ended December 31, 2008
Larson Allen submitted a proposal in 2007 for the audit of the City financial
records for the years 2007.— 2011 which provided all-inclusive maximum prices
for each of the years. The proposal to perform the audit of the City's financial
statements for the year ending December 31, 2008.is $9,500, which is $3,000.00
less than last year. The reduction was because the 2007 audit was done on an
accrual basis for the first time which required re -stating and auditing of beginning
2007 balance sheet numbers. Past audit services has cost the City as follows:
Audit
Year Cost
2008 $ 9,500
2007 12,500.
The finance staff, as in the past, will provide all possible information and
schedules so that the audit costs will be minimized where possible.
Staff was comfortable with the audit services the. City received last year and has
had a long relationship with the audit firm through White Bear Township. l
recommend accepting their proposal to perform audit services of the City's
financial statements for the period ending December 31, 2008 at an all-inclusive
price of $9,500.00 and authorize the Mayor to sign the audit engagement letter.
C:1'r1s,:Ctii;suiraiit 2': Advisors
www. Eu rnon sl l u n.can i
January 7. 2009
City Council
City of Gem Lake
4707 Hwy 01 .# 253
White Bear Lake, MN 551.1O-3777
Dear Members of the City Council:
Weare pleased to confirm our understanding of the services we areto provide the City of Dept Lake ("you„
or "your") for the year ender) December 31, 200B.
Scope
We will audit the financial statements of the governmental activities, .tltcbusiness-type activities. each niajor
fund, and the aggregate.I-crnaining !chid information, which collectively comprise the entity's basic financial
statements, of the City of Gem Lake as of and .for the year ended December 31. 2008. Accounting standards
generally accepted in the United States provide for certain required, supplementary information (RS1). such as
management's discussion and analysis (MD&A) to accompany .the City of Gem Lake':s basic financial
statements As part of our engagement. we will apply certain liinitef:d procedures to .the City of. Ge.mn Lake'.s.
RSI. These limited procedures will consistprincipally of inquiries of management regarding themethods of
measurement .and . presentation. which management is responsible for a ffir nirng :to us nt itsrepresentation
letter Unless we encounter problems with the presentation of. the RSI or with procedures relating to it, we
will disclaim an opinion on it. The following. RSI is required by U.S. generally accepted accounting principles:.
and will be subjected tocertain limited procedures, but will not bc audited:
f Management's Discussion and Analysis:
I3udggetary Comparison Schedules
Supplementary information other. than RSI. such as combining and individual fund financial statements. also
accompanies the City of Gera L.ake's basic financial. statements We will subject the following supplementary
information to the auditing procedures applied in our audit of the basic financial statements and will provide
an opinion on it in relation to thebasic financial statements
Combining and lndividtial Fund Statements and Schedules
The following additional information accoinpanying: the basic: financial statements will not be subjected to the.
auditing procedures .applied in our audit of the financial statements. and tier which Our 'auditors' report will
disclaim an opinion
1 Introductory. Section.
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City of Gene Lake
Page ?
Audit objectives
The objective ol'our audit is the expression of opinions asto whether your basic financial statements arefairly
presented. in all material respects. in conformity :with U.S generally accepted accounting principles and to
report on the fairness of the additional information .referred to in the first paragraph when considered in
relation to the: basic financial statements taken as a whole. Our audit will be conducted in accordance with
U,S generally accepted auditing standards and the standards for financial audits contained in Government
Auditing S(Uirdlut clY. issued by the Comptroller General of the United States, and will include testsof the
accounting records of the City of .Gera Lake and other procedures we consider necessary to enable us to
express such opinions. if our opinions on the financial statements are other than unqualified, we will fully
discuss the reasons with you in advance: If, for any reason, we arc unable to complete the audit or are unable
to form or have not formed opinions. we may decline to express opinions or to issue a report as a result ofthis
engagement
We will also provide a report (that does not include an opinion) on internal .control related to the financial
statements aiid compliance with he provisions of applicablelaws,regulations, contracts, agreements; and
grants, noncoinpliance with which could have a material effect on the financial statements asrequited by
Government .4luelrtrtig standards The reporton internal control and compliance will include a statement that
the report is intended solely for the information anduse of the audit committee, management, and specific
legislative or regulatory bodiesand is not intended to be and shouldnot be used by anyone other than these
specified parties. If during our audit we become aware that the City of Gem Lake is subject to an audit
requirement that is not encompassed in the termsof this engagement, we will communicate to management
and those charged with governance thatan audit in accordance with U.S.. generally accepted auditing
standards and the standards for financial audits contained in Government /bullring Standen -di niay not satisfy
the relevant legal, regulatory. or contractual requirements.
Management responsibilities
Management is responsible for establishing andmaintaining: internal controls,including monitoring ongoing
activities: for the selection and application of accounting principles; and for the fair presentation .iir the
financial statements of the respective financial position of the governmental activities, the business -type
activities, the aggregate discretely presented component units. each major fund, and the aggregate retraining
find information of the City of Gent Lake and the respective changes in financial position and cash flows,
where applicable_ in conformity with U.S_ generally accepted .accounting principles Management is
responsible for the basic financial: statements and allaccompanying information as well as all representations
contained therein
You are.responsible for management decisions and. functions
Management is responsible for making all financial records and related: information 'available .to us and for the
accuracy and completeness of That information_.Managernent's responsibilities include adjtisting the financial
statements to correct material misstatements and for confirming to us in the representation letter that the
effects of any :uncorrected misstatements aggregated byus during the current engagement and pertaining to
the. latest period presented are immaterial, both individually and in the aggregate, to the financial statements
taken asa whole.
January 7, :3009
City of Ce n Lake
Page 3
You are responsible for the desifnand implementation of programs and controls to prevent and detect :fraud,
and lbr informing us about all known or suspected fraud affecting: the .government involving
(}) management, (2) employees who have significan roles in internal control, and (3) others where the !laud
or illegal acts could have a material effect on the financial statements- Your responsibilities include informing
us of your knowledge of any allegations of fraud or suspected fraud affecting ;the government received in.
communications from .employees: former employees, grantors, regulators, or others ]rn: addition, you are.
responsible for identifying and ensuring that the entity complies withapplicablelaws; regulations, contracts,
agreements, and grants: and for taking timelyand appropriate steps toremedy any fraud, illegal acts, violations
of contracts or grant agreements, or abuse :that we may report..
Management is responsible for establishment and maintenance of a process for tracking the status of audit
findingsand. recommendations. Management is, also responsible :for identifying for us previous -:audits or other
engagements or studies related to the objectives discussed in the "Audit objectives.' section of thisletter..rlr"is
responsibility includes relaying to us corrective actions taken to address significant findings and
recommendations resulting from those audits or other engagements or studies. You arealso responsible for
providing management's views on our current findings. conclusions, and recommendations, as well as your
planned corrective actions. and the .timing .and format related thereto.
Audit procedures - general
An audit includes examining, on a less basis. evidence: supporting the amounts and disclosures inthe financial
statements; therefore,our audit will involve judgment about the numberof transactions to be examined and
theareas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance
about whether the financial statements are free of material misstatement. whether from (l) errors,
(2) fraudulent financial reporting. (3) misappropriation of assets, or (4) violations of' laws or .governmental
regulations that are attributable :to: the entity or to acts by mana$ement or employees acting on behalf of Ehe
entity. 13ecause the: determination of abuse is subjective, Government Auditing Siwidnrrrr do not expect
auditors to providereasonable assurance ol detecting abuse
Because an audit is designed .toprovide reasonable. butnot absolute assurance and because we will not.
perform a detailed examination of all transactions, .there is a risk that material misstatements may exist and
not be detected by us. In addition. an audit is notdesigned to detect immaterial misstatements or violations of:
laiirs or governmental regulations that do not have:a direct and material effect on the financial statements.
However, we +fill niforrn you of any material .errors and any fraudulent financial reporting or
misappropriation. of :assets that conic to our attention. We will also inform you of any violations of laws or
governmental regulations that eol77C to .our attention, unless Clearly incansetluentitri, OM' responsibility as
auditors is limited to the period covered by our` audit and doos not extend to layer periods for which we are not
engaged as auditors
Our procedures will include tests of documentary evidence supporting the transactions recordedin the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and
financial institutions We will request written representations from your attorneys as part of the engagement,.
and they may bill you for responding to this inquiry. Al the conclusion of our audit, we will also require
certain written representations from you about the financial statements and related matters
January 7. 2009
City of cicln Lake
Page 4
Audit procedures - internal control
Our audit will Include obtaining an understanding of the entity and its environment, including internal control,
sufficient to assess the risks of nnate'ial misstatement of the financial statements and to design .the nature,
timing. and extent of.thrther audit procedures Tests of controlsmay be performed to test the effectiveness of
certain: controls that we considerrelevant to:.preventing .and .detecting errors and fraud that are: material to the
financial statements and to preventing and detecting misstatements resulting from illegal acts and other
noncompliance 'natters that have a direct a and material effect on the financial statements Our tests, it
performed. will be less in scope than would be necessary to render an opinion on interrnal control and,
accordingly. no opinion will be expressed in our report on internal control issued pursuant to Governmei€t
Atalirirlg $((ririarrrc['
All audit is not designed to provide assurance on internal control or to identify significant deficiencies
However, during the audit, we will communicate to management and those chargedwith governance internal
control related matters that are required to be communicated under professionalstandards and Cove! unroll
Auditing Stu ido ds.
Audit procedures - compliance
As part of obtaining reasonable assurance aboutwhether the {i€iainelal statements arefree of material
misstatement, we will perform tests of the City of Gem Lake's compliance with the provisions of applicable
laws, regulations, contracts, agreements, and grants. However, lh:e objective of our audit will not be to provide
an opinion on overall compliance and we will not express such an opinion in our report on compliance issued
pursuant to Government Auditing Standards.
As part of our audit, wewill also perform the appropriate procedures and reporting as required by the
rllinnesotu. Legal Compliance Audit Guide fin. Local .Gave, tuning
Administration
Thomas Koop is the engagement principal and is responsible for supervising the engagement and signing the
report.
We understand that. your employees. will prepare ?II cash .or other confinuations we request. and. will locate
.any documents selected by Os. for testing
We will .provide etipieS.Of Our reports. to the City: however, management is. responsible for distribution Of the
reports and the financial s€aterrncnts. UnJess:. restricled by law or regtilalion, or containing privileged and
confidential information; copes of our reports are:to be made available for public inspection.
The. audit doctinientation for this engagement is the property. of L.arsonAllen LLP (Lar:sonAllen) and
constiilutes. conlidential int'orriration. I•iowever; pursuant to. aulhorily given by law or regulation, We May be
requested to make certain audit docuntentalion available i.to.a cognizant ❑r oversight agency for.audit or its
designee: a federal agency.provitline.diicet.or indirect funding, or the U S. or.
Accouniabiliiy .Office
for purposes tota quality review of the audit- to r.esoIvc. audit Findings,. or to carry out oversight
responsibilities We will notify you o.f-my.suclt.request. 11 requested. access to such audit...documentation will.
be 'provided under the superVision .of. LarsonAllen pers.onnel. furthermore,. upon request. we may provide
.lanuary 7. 7009
City of Geni Lake.
Came 5
copies of selected audit documentation to the aforementioned parties. These parties nmy Intend, or decide, to
distribute the copies or information contained therein to others. including other governmental agencies.
The audit documentation forthis engagement will be retained for a minimum of seven years after the :report
releasedate or for any additional period requested by the an oversight agency. If we are aware thata federal
awarding agency ot` auditee is contesting an audit finding. «e will comae( the ail ]es contesting the audit
finding for guidance prior to destroying the audit documentation.
Government Awliring-Siamlurrk require that we provide you with a copy of our most recent external peer
rcvie.w report and any letter of cominent . and .any :subsequent peer review. reports and letters of `comment
received dining ilie perrod of the coitract Our 2007 peer review report accompanies this lelter-
Use of financial statements
If you and your management intend toreproduce and publish the financial.. statements and our report thereon,
they must be reproduced iri Their entirety: Inclusion of the audited financial .statements in a .document you
prepare. such as an annual report, should be clone only with our prior approval of the doctiment..
Dispute resolution
The followingprocedures shall be used to resolve any disagreement,controversy or claim That may arise out
of any aspect of our services or relationship with you, including lllis engagement, for any reason ("Dispute')
Specifically, we agree to first mediate and,if unsuccessful, then arbitrate all Disputes between us, including
without Iin]itation.any issue concerning the extent towhich any Dispute is subjectto arbitration. any Dispute
concerning this agreement, the limitations of remedy provided by this agreement, or. claims for bread] of
contract, negligence, fraud.fiaud in the inducement, breach of fiduciary duly, violation of statute and any
outer cause of action or remedy
Mediation
AM Disputes between lis shall first be submitted tonon-binding mediation by written notice ("Mediation]
Notice') tothe other party In .mediation, we will work with you to resolve any differences voluntarily with
the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannotagree
on a. mediator, one shall be designated by the American Arbitration Association ("AAA-).
The mediation willbe conducted as specified by the mediatorand agreed upon by the parties The parties
agree to discuss their differences in good, faith and 10 attempt. with the assistance: of the mediator, to:reach an
amicable resolution of the Dispute
Eachparty will bear its own costs in the mediation, The fees and expenses of the mediator will be shared
equally by the parties
Arbitration
If any Dispute has not been resolved within ninety (90) days after the written mediation notice, the mediati0l]
shall tern -dilate and the Dispute: will be settled byarbitration . The ai-bitrntion-will be conducted in.accordailce
with .the procedures in this doc.unient and.. the Arbitration Rut.es of the. Dispute: Resolution .Rules !ar
ianuary 7. 2009.
City of Gem Lake
Page .G
Professional Accounting and Related Services Disputes :of the American Arbitration Association, except.
where this agreement differs.
The arbitration Will be conducted in Minneapolis, Minnesota befotea panel of three (3) neutral arbitrators,
rertarclless of the size or'amount of nce Dispute.
Any issue concerning the extent 10 which any Dispute is:subject to arbitration. Or concerningthe applicabiility,
interpretation; or enforceability of these procedures, includingany contention drat all or part of these
procedures are invalid or Lllicnlbrceable, shall be governed.. by the Federal Arbitration Act and resolve(I by the
arbitrators..
Time limitation
Thenature of our servicesmakes it difficult, with the passage of time, to gather and present evidence that
frilly and fairly establishes the ['riots underlying any Dispute. Weboth agree that, notwithstanding: any statute.
or law of `limitations that ]night otherwise apply to a dispute, any action or legal proceeding by you against us
must be commenced within twenty -lour (24) months ("Limitation. Period") after the date when we deliver our
final audit report under this agreement to you, regardless of whether wedo other services for you relating to
the audit report, or you shall beforever barred from commencing a lawsuit or obtainingany legal or equitable
relief or recovery
The Limitation Period :applies andbegins to rvr] even if you have not suffered any damage or .loss, or have not
become aware of the existence or possible existence of:a Dispute.
Fees
Our fees for these services will be5)9.500 (which includes travel and other out-of-pocket costs such as report
production, word processing, postage, copies, telephone, etc): as per our proposal: The fee estimate is based
onanticipated cooperation from your :personnel and their assistance with .preparing confirmations and
requested schedules..lf unexpected circumstancesrequire significant additional time, we will discuss it -with
you and arrive al a new fee estimate before we incur the additional costs Our invoices for these: fees will be
rendered each month as work progresses and are payable on presentation. In accordance with our fiat]
policies, wank may be suspended if your account becomes 60 days or more overdue and will not be resumed
until your account is paidin full If we elect to terminateour services for nonpayment, our engagement will be
deemed to have been completedeven if we have not issued our report. You will be obligated to compensate
us for all time expendedand to reimburse us for all out-of-pocket costs through the dale of termination.
Subcontractors
LarsonAllelr may. at tin}es, use subcontriactoIs to perform services under this agreemeI]t and they may have
access to your information and records. Any such subcontractors will be subject to the same restrictions on
the use al such information and records: as apply to lrarsonAllen under this agreement.. LarsonAllen will be as
responsible for any act done by these subcontractors as it is for its personnel under this agreement.
lafnraiy 7. 002
City of Geni 1.alke
Page 7
Agreement
We appreciate the opportunity to be of :service to the City of Gem Lake and bellicve this letter accurately
summarises the significant terms of our engagement If you have any questions, please let us know. If you
agree with the:terms of our engagementas described in this letter: please signthe enclosed copy and return it
to us
Sincerely,
LarsonAllen
Thomas Koop. CPA
Principal
2f8-895-2903
lkoop c+ larsonallen corn
Enclosure
Response:
This letter correctly sets tbah the understanding of the City of Gem Lake
Authorized .S i gnmture:
Title:
Date:
PEER REVIEW
Pe]
Clifton
Gunderson LLP
Scptc^1t1r :3, 2L(-'
., r• the Princ:pais ,:f 1,:sl;,,rlrllieli lai •:'
• If the.. Cesttcr Ior.Ni11•ht =+tllpaisy :'ludic
:1'1rnte FL'rF u�L':L 51 +., L+ii11S:i1Li L'
il'c Isvc rc�ics� �,1. 11:0 .ry7lcill t+t foi ;1:e :is;ci,ulflin};::{,Id suuilillu 111; 1icc LA'
E a .Isn [ilea I.LP {the 1'Irut7 flr_Tritrt•rl}' L-Iiowtt i11, l;tir> tls,1-1;11 tt, \\ L' -h;isr L CO,.1�I.I'a sllj,la�al+lr
to iipit-S EC. irilicrs 1r1 •cllcrt::lilr lllr yelir ended ,Moab 31, 2007 •1'ln. finyf3 t' coufltinjt a•1d
;tu.LrlL13 pructi. _ upitittuaie to .I:(. Oslrin•rt: LL'u1C 119t 1LVietvet[lt}• 1,9 ;7i i _ Ilft j�illd,c Cur=flit,,
tAccounting c}venu)LIt1 73irllsrl I,I'1 At:7I1) hi•icap.ni It. foi :ul:pttiung:that pori'n: Of :he t=_rrr,'s
acctitinti.q slid nuiditint, pruetis4 ln.uecordar,::it with IICAOFS•mjst:rc tli•nl.>: A. a•f;oln o!•quality.
control oncom paHlre1} 1t;.i 11c•li rrs'ii ornlli rf-t,ri3 litl ::11•ni:tul i'.:VIOle jhfiiciCF•:I: I;]plea{r.ntti i ocod tu'S •
LFIIi311it1Ied hi p[nlsd,3 lI wllll r12:,6Y11tLII11L• tw iln1nvC 111 crlllljlllntt w t)i pitr[CSiiortal..m.ndC:rtf3
'1I1c L-Itrnci,ls t 1 IInilIty e.0110 <1 1ot.di. J I,yrd .jii ;aft ;i' ii fn1e ,-,r, lrhta�ty i:nrtje1 S't ndisoLe
iFsuLY4.6y•Ilie:�lnl+rlsint iitslttut i�CCerti;iLii:l'iihlit Accuttlii.10t.t illitl:71{;!':il 11::icnuf[lte
syste.m;. and r:Lulijrlri:ice with it. lilt:-II�t+ 1:tY;l]ii11i11llilitia i+r :he rirlisr.LYparsit-)I1t
.eX14,:i is R11 QP.in11r1121t• t1te dCsu ti LLt lhL' Fy'4.1i.'111; :Ilsil titti• fir�u1� cafi:}illan:r ■i•i th. til,it j•s'r ;::*area!
on PurrPriitl�.
•Owo review was ceinducled :rt 'sceardi.ici K'l:li slsl:I.srslr i•7t 11,a=1Ct3 liy the 1'ter Review
Colniitine`•of the fi+r P>:hh L—on/m.y .is:=1:1 1'Lnitr .113d f1 ill Jit1 pruced+ae.i to plan a:1t1
litrli+nn i1st t,'::itVtth..t ite•rI::nlianVeil desert I:h tit.til the ri.rcrrc5-icr••pr, ct.as
3iu re.�cir uvula 1:61 nccof ily.id;r.fase .ili u'r4ii.i t': n tie s.lstc:li.of ijuititti••cuntro1 Or till
In'riiacii Ot 1a .''r cQi'rl pliii_ Iti it S'ti.L 11: wits l::i.L+d on. t'It1. lve 1.,tr I eeutLS.e i]ICfv' t1I..
inherent lirnsl9^crrr an t}l>:. cri&i:;L::.Of ui .uiy s sttai i'1 +ttlislily cti111r0.1, tic7.Settle*. I cml. tli4
;yeti n= ma;' I L Jt :s13.ni•t l e tlete•cted riiso. FF1rkI ..gilt of :ui , cr:ilirits.iu of a . ittitl of rota*.•cotitrel`te future. pL::c�; 15 rsi)L�1 tC+ the :srl; t11at the ,.y1e nt isf rinitllt cnrIrLil iniiy: 1ft'Celnl:
u1J;Wf]a1 bcra icc nl: L113r7 t..itt tt i 1?:1:. n.i... i Shut lJlc i1v1 t1.c ill c111n11ii:Iiscr- setlli the 1x+fit h.t
or pro{cdur g. n:sy det_xirrate
hi L1t:r Lijrrlflt,r . 111e 54fiern ai ,ju:xitrr control for ilitt riccL.ittt:lrih .i.i1. Itnililiiig 111 +eiice alip1icnble
to the of [-LP (form Oil) .1:flown.Ii'i 1.:urt=n. Al r1s, 11'Ltiskasr f
1 LF''i in effe.t• for the }ear erideil•lliarc 5.1., 20U:' has toidt..itin4ttnekl to opt the rt tittirt rn.rrnl:: of
1his:ilu;ilit}' eoiisgl i ttittriis fiir :ui actrulultillk i1ni1 :Lnditinh lrsiiliii n i i;Yislilii litii Ly the
anl1 ■Faa3 Cprplf (.t .Lt-lilt thi-iiLg tlhe you-. thin L71L1ei1 It,. prtiv L' llit iiii with reagi.- ible ry g11f'ti.ti
.ofeontpl.'inn with 3p, licib1e profrisiomil eianilllrtl.ii
l •Ilir. 11... �.N1.•
PEER REVIEW
.Atti.tellinent in OF 1'Lcr [ivvlrw nvitOrl irF l.:li•NimA1 ,I.t
DL' ril7l'l�ln iii Itti' l'cri• 1:Dviviv.I'rnrir.'.
Qvcr•vior
FfrrnJ vi:clled in the AICPA.Center Ihr 1'i1111icCoisilruiy Audi! 1 iin::'the ('t•ntt•r) i'e:.•t ]tc5•ie+4•
k'rc�.i'-rr{: have their system bfgssa•_1ty cnittiol Ii 1ewid} 1:y :mlrrc]ril:'flt
7L'.Iews Yre. s}5terrl and e. rrtlslttirILe t7rietllCt} 5}'illl the ttttpwhvvs ctj-iNdiitit:lti:. wbcerio
•the retiiewecl it llrs system or etlr:dlly cotitrt?l Il1i hIi 1:L'L'L=lrllting and and:Ling j l:1tit1cc
applicable to llof SEC isstint has Even dt ij,nvd to rmtit the It•:sltiucnicyst; CrftJ 1 Q:::Lily
Control Standards a tabli h.C4 by the AI
`The reviewed E]rllt's quality control plicies ;usd Iltoce'dtrrys r:(ililu:111i iv i!Flser;
'sere bring rnnr.plieil st'11]1 ltl 1)rilti'ii14 !lie firm u•itlt rr=,rlal',i_ 7. l.ii;;inr tvsth
priii'eaional standards
A pt.t r review is ba ed nrr selectve Icsts ard: directeu ilesirirt DTI;rid
compliance with Ilie: 1'ur_a's s 'Stein of uusi] ) Conti l fur Ili 4cots1Llg: anti vdirrty prat~ e:
:ipplleriil6 to ILnrl-SEC issuersliiovide- the Gnn with re:isoiirnle, .alit ltlss.r:tits'., assitr;irli:L' .,,f
t;nnilrlytng with lnufesaion l star7441d 1 Ct7oset'aeifi' aCer F:n:l'S.SS
quality' c.)zitrol ii roi intenticct. Ltd daes not, );rnvide asonance t.:rh.rc3g':' 1 to ;uiy ii diviva:u
: buns anent condtieled by the firm or eia= Horse of the fir_anccia siatrrrvtl.'.s aitdltt.l:tt}' tht•. lima
;lknlllsl ltc rextatted
111c:CLrift7's Peer Re-. etis' `ttil4: mi?1Er (e'RC) rah!islie,and En„intuit., F:.er r>'-1 cl;ll?L1a,,k Aft
rt ;ulat meetings and .ilirrur•;i rern rt e: di:aticrt task :forces; the. PRC_ k't:vr review,.
cw• d fetes the StNiL►ye:'s L'`til,lpt elic and. pert'orrnanIt. •i .1 e. ry. ra cri, letter pl
ihnlrr epts, and acton11' )inng re r n.ge fionlthe rctiicwe,l firm Ih r tat ll:+ Lilrrt.t=hvr iti;EliIlf
plany twttlrt: the peer review :5 frlia:ed. 'Ihe e-nrcr's sure plays a kL•y (cite+ to ovens t.illg tl1:r.
cfperr re'<'17.►'.t •workin ccit'sely with the xcr rG 7CW teirns and the ITC
()tic:: the PRC :irt:z1l's. the ::L-ct rerre:ti' reptirt, le ra of tontrnl'tira, and i ewii:svetl
srs7rtalssir,. thi d‘s:tin7,atts are rnsi ita:rtd in a.F.le available :o .the al:bhie lit :lortle ei'iia.i,iita•
;tic 1iuhl:e..s:ErrL:+ 7Li1errtaki ig .hy t}rr drool atere tsi; tit slleiiric IillliIt%••11I1
action i.equ•s3:.3 rr. tlsa. PRi77
i"lin;s.11tat: to iIn r arrtf:ts ,:r play a snb777trantial role in. the audit of one ni 1rioxt. Suf: lyY1 rr:€, lLv
i!cfine,l by the F'lhltc 1.72:1r17rini isltcllt lii:xrti (Pi:� A:`'t3), a.ie requiie:1 Ili !Jr
rrtilsterLLi with :aid hair il;i r :tecvrtntng and . audlisng piutiiiia applicable to SEC issllL3s
tnsprc.lvtl: tr./ the PC:t¶ TFF,. i fleas t:}ce, lye t'=:d 1CI I rLv1L:SY tile. ttrlFF's actultritnq., roil auditing
pp!iL•]lrli. to.M}'.[' 1 St:c'rN
PEER REVIEW
Reilti+ fur ijL IrI1 oiii11Iii iiid Auiting Practice .Aprilicabie to Non -
SF('
4.1 1,CI!‘ 1)a; 1{nlejle 111:112.:,:leiliit11:12C101:11W:Ii11.2. of (I .; the IlitnZt
CX1i111 rt L 11117: ..!m: .11:citing rtti;e tutd c2) the der) of the firni's:sygtein of
qtiality tnipiisnt in its prneticu. inherent
lis).ir were •.sessell bi•iIn rntij itinclerstartiii...tg the firms it ta cdce, such the industries ur
diV.111S, Unit crihri laciory of complexity it c1ic7•Its, iind the orgallizaltin r ihc
1}1:7%$rt11L'1. 1100 v•M'i'132SE-'ed by obtamistgan. wilerlsm.rldirig
thL desipst •:,if th firin'i, systeiti quitity coatrOl. cIiidii audit methodulOgy, end
monitoring pioeedtirt risk: if 'lie process of evaluar:ng die effe.cveileSSof
14.".*.ivireil firms of u.th contiol ii plL.-;c:flus thc etft nii r. 4:..-nkilsenle-nt.5 that
(101101 coirwly
Periiirmitte the iZei.lew inr the VirtiiPs .Accoantinig tinr1 Audit-1)4E) Pnictice Applicable Cu
fliisd tin btu :t4i.r;v6isirrit cif the combined Irvel Of inherent anti contol
prat:licit units :mil seleeted engageiOnts ivithin tiv....se wets to [tr. fDr comi:liance with 11-te
itylitent qti thty cantro! The engage:mei:1st ele‘.4-.1 for Ter.i CW includi.-J cnaacements pelfo—nod
tinder 1)10 Lloyernmen1 Atglifing Situithirds, audits perfoTated uriext FDif:LA, 0.ri audiv: of
ftanployee Benefit Plans The engiiitements:Pelectell fur ii.tiu.t tcpresenteti etess--sectimt or Lite
filiti's %1CL:LANntitts arid auditing practite with emphasis on. higher -risk engagements: Ihe
tkimageintinl revims ineluded examining ivorkirig riper files and reports arid intewing
0 rig age it (ie./simile!
'I his i+eopu of the pi.k.er retie also indimud examirth:F,icIccicd Aniinisb-ative and siersorrici Elks
to determine complittite0 with the firm's pOlieies and procediges fbr the elotients Cii ipta!tt‘
eiMtrol peitiiining to independence., integrity, and obj&tivit:,'; personnel Fitrrayienter:t: ittri
necciwniee .ini! contimionee of lients and en menus Prior to cUil'altiding the rcvtew, we
retissts1,0 the adequacy of scope and:coadinited a meeting with firm mitrineertw:d
limlings and recuttimendatiotis
ROBB OLSON
LAW OFFICE, PLLC
Rabb L .Olson
VM: 763-231-6202
Email: rabboIson@.wbilaw net
Sandra L '.Parker
Legal Assistant
VM: 763-231-6201.
Email: iawyersgwbliawnet
December 10, 2008
Mr. William Short
City of Gem Lake
4200 Otter Lake Road
Gem Lake, MN 55110
Re: Prosecution Contract
Dear Mr. Short:
4886 highway 61 N , Suite 102
White gear Lake; MN 55110
`1rel: 651-426-1533
Fax: 651-426-6732
Of Counsel
Danielle L. Fremont
VM: 763-231.6203
Email: dansellefremontgwbllaw:net
My firm and its predecessor Meslow & Olson has served as the Gem Lake City
Prosecutor since the early 1990's_ Our wont is somewhat sporadic, since the volume of
cases is not very high. I did have one case go to trial last year, resulting in a conviction.
I am very interested in continuing as the Gem Lake City Prosecutor. Regarding
my fees, I propose the following:
Arraignments (first appearance)
Preparation of Gross Misdemeanor Complaints
Pre -trials
Court Trials (Traffic)
Jury Trials (initial appearance)
$ 25001case
$ 50.00/case
$ 85.00/case
10.0-00lcase
$ 100.00/case
As has been our previous practice, an hourly rate of $105.00 per hour will apply
to preparation for any actual time spent conducting jury trials, and any appellate work.
The above rates will be effective January 1, 2009.
I: would appreciate it if you would forward my proposal to the City Council for
review as you deem necessary. I last met with the council at the end of 2007, and am
aware that there has been considerable turnover since then. I would be happy to attend a
City Council meeting to answer any questions or introduce myself.
Sincerely,
Robb L. Olson
Robb Olson Law Office, PLLC
Claims For Payment
CITY OF GEM LAKE
Robert Uzpen, Mayor
Chuck Watson, Council
Jim Lindner, Council
Gretchen Artig-Swomley,:Council.
Tom Rasmussen, Council.
Jessie Hart, Treasurer
Period Ending:
01/20/2009
Signatures: Approving Claims
Date of Approval
Fund Totals
$ Amount
General Fund
Parks & Playgrounds
2004 Debt Service Fund
2006 Debt Service Fund
2007 Debt Service Fund
City Hall Construction Fund
Sewer Fund
29,352.41
0.00
33,677..50
24, 837.50
35,321.17
0.00
1,726.96
Total All Funds
124,915.54.
1120/09 at 08:35:21.20 Page: 1
City of Gem Lake
Check Register
For the. Period From Jan 1, 2009 to Jan 31, 2009
;er Criteria includes Report order is by Check Number.
Check ## Date Payee Amount
7546 1121109 Gretchen. Artig-Swomley 118.00
7547 1/21/09 Deluxe Business Checks .&-Solutions 97.78
7548 1/21109 Ryan Green 100.00
7549 1121/09 Kelly & Lemmons, PA 2,925.00
7550 1/21/09 Todd Kirchharnmer 278.14
7551 1121109 LMC Insurance Trust 57.00
7552 1/21/09 Minnesota State Treasurer 5.69
7553 1/21/09 Rabb. Olson Law Offices, PLLC 75.00
7554 1/21/09 QWEST 92.46
7555 1/21109 S&T Office: Products 179.13
7556 1/21/09 SEH. 1,51.7.25
7557 1/21/09 SHI International Corp. 230.04
7558 1/21/09 Sentry Sytstems, Inc. 319.61
7559 1l21/09 Sun Controf of Minnesota 157.00
(560. 1/21/09 T.A. Schifsky &Sons, Inc. 14,729.91
7561 1/21/09 Teresa Tice 150.00
7562 1/21/09 Waste Management 345.03
7563. 1/21/09 White Bear Township 6,822.48
7564 1121/09 VOID
7565 1/21/09 Xcel Energy 760.88
7566 1/21/09 Wells Fargo Brokerage Services 35,321.17
7567 1/21/09 Wells. Fargo Brokerage Services 24,837.50
7568 1/21/09 Bond Trust Services Corporation 33,677.50
7569 1/21/09 Metropolitan Council 1,622.72
7570 1/21/09 One. Cali Concepts 1.45
7571 1/21/09 Surnmitt Inspections 494.80
Total 124,915.54
1/20109 at 08:35:50.03. Page: 1
City of Gem Lake
Cash Disbursements Journal
For the Period From Jan 1, 2009 to Dec 31, 20.09
Filter Criteria includes: Report order is by Check Number. Report is printed in Detail Format.
Date Check # Account ID Line Description Check Description Debit Amount Credit Amount
1121109 7546 100=41900-200 January Newsletter Postage 118.00
100-101o0 Gretchen Artig-Swamley 118.00
1/21/09 7547 100.41400.200 Double. Window Self Seal Envelopes 0683993901 97.78..
100-10100 Deluxe Business Checks & Solutions 97.78
1/21/09 7548 100-41900-322 Web Site Maint & Hosting - December 50.00
2008
100-41900-322. Web Site Maint & Hosting - January 2009. 50.00.
100-10100 Ryan Green 100.00
1121109 7549 100-41800-304 General Legal- Dec 2006 2,425:00
100-41600-305 Land Issues Legal - Dec 2008 :500.00
100-10100 Keliy:& Lemmons; PA 2,925,00
1/21/09 7550 100-41940-400 Building Cleaning 12/21/08 - 1114/09 240.00
100-41940-210 Building.Suppiies 38.14.
100-10100 Todd Kirchhammer 278.14
1/21/09 7551: 100-4190Q-365. Amend Bond Coverage —transfer to: LMCIT 57.0o
100-10100 LMC Insurance Trust 57,00
1/21/09 7552. 100-32220 4th Qtr 2008 Surcharges 5.69
100-10100. Minnesota State Treasurer 5.69
1/21/09 7553 100 41600-303 Dee 2008 Prosecution 75.00
1.00-10100 Robb Olson Law Offices; PLLC 75,00
1/21/09 7554 100-41940-321 Phone Service/12113/08 - 1/12109 92.46
100-10100 QWEST 92.46
1/21/09 7555 100-41900-200 Name:Plates - LiZpen (2), Lindner; 179.13
Artig-Swomley
100-10100 S&T Office Products 179.13
1/21/09 7556. 100-43122-302 1 35-E Corridor Study 46.84
100-43122-302 Engineering - Driveway Inspections & Maps 340:70
10Q-43122-302 Engineering - MS4 & SWPPP (wlC. 1,129.71
Watson)
100-10100 SEH 1,517,25
1/21/09 7557 100-41900-309 Acrobat Professional 9 55449 230.04
100.101.00 SHI International Corp. 230.04
1/21/09 7558. 100-41940-300 Monitoring Services - 1/1 to 12/31/09 319.61
100-101Q0 Sentry Sytstems, Inc: 319.61
1/20109 at 08:35:50,06 Page: 2
City of Gem Lake.
Cash Disbursements Journal
For the Period From Jan 1, 2009 to Dec 31, 2009
Filter Criteria includes: Report order is by Check Number. Report is printed in Detail Format.
Date Check # AccountlD
Line Description
Check Description
Debit Amount Credit. Amount.
1121109 7559
1/21/09 7560
1121/09 7561.
1/21109 7562
1/21/09 7563
1/21/09 7564
1121/09 7565
1/21/09 7566
100-41940-401
100-10100
100-43125-225
100-43125-250
100-43125-404
100-43125-404
100-43125-225
100-43125-250
100-43125-404
100-43125-404
100-10100
100-414.00-332.
100-10100
100-41900-384
100-10100
100-41400-308
100-41500-329
100-42401-313
100-41910-308
100-42401-316
100-41400-308
100-41500-329
100-41410-308
100-41400-200
100-41410-210
600-44100-329
600-44100-200
600-10100
100-10100
100-10100
100-10100
100-41940-381
100-41940-383
100-43122-382
100-10100
302-47000-600
302-47000-610
302-10100
Furnish &. Install Window Coverings -
Media/File Rooms
Sun Control of Minnesota
Salt/Sand - Dec 2008
Sales Tax - Dec 2008
Sanding Dec 2008
Snow Plowing - Dec 2008
Salt/Sand - Jan 4, 2009
Sales Tax -Jan 4, 2009
Sanding -Jan 4, 2009
Snow Plowing - Jan 4, 2009.
T.A. Schifsky & Sons, Inc.
Minutes December 16, 2008 Meeting.
Teresa Tice
January 2009 Seriices
Waste Management
Clerk/Treasurer
Finance Officer
Building Inspector
Planner
Secretary
Paralegal/Secretary
Accounting Clerk
Accounting Clerk - Primary/General
Elections
S u pp] ie sJAo stage/M ilea ge
Supplies/Pottage/Mileage
Accounting Clerk
Supplies/Postage/Mileage
CASH - 600
CASH - 100
White Bear Township
VOID.
HH Electric - 11 /29 -12/31 /08
HH Gas- 11129.-:12/311.a8
Street Lights 12/3.- 1/02109
Xcel Energy
Principal - Feb 2009
Interest - Feb 2009
We.IIs.Fargo Brokerage Services
157.00.
3,958.00.
257.27
3,960.00
5,362.50
306.00
19.89.
330.00
536.25
150.00
345.03
156.00
2,642.50
220.00
155:00
57.00
204.25
1,260,00.
1,890.00
79.53
55.42
67.50
35.28
102.79
273.85
407.81
79.22
26, 830.00
8,491..17
157.00
14, 729.91
150.00
345.03
102.79
6,822,48
760.88
35, 321`
1/20109 at 08:3 . Page: 3
City of Gem Lake
Cash Disbursements Journal
For the Period From Jan 1, 2009 to Dec 31, 2009
Filter Cnterla includes: Report orderis by Check Number Report is printed in Detail Format.
Date Check# Account ID.
Line Description
Check Description
Debit Amount Credit Amount
1/21/09 7567
1/21/09 7568
1/21/09 7569
1 /21 /09 7570
1/21/09 7571
Total
303-47000-600
303-47000-610
303-10100
303-47000-600
303-47000-610
304-47000-620
304-10100
600-44100-318
600-10100
600-44100-319
600-10100
100-42401-313
100-10100
Principal - Feb 2009
Interest- Feb 2009
Wells Fargo Brokerage Services.
Feb 09 Principal
Feb. 09 Interest
Feb 09 Paying Agent Fees
Bond Trust Services Corporation
February 2009
Metropolitan Council
Dec 08 Locates
One Call Concepts
2008 Electric Inspections
Surnmitt Inspections
20,000.00
4,837.50.
15,000.00
18,127.50
550,00
1,622.72
1..45
494.80
24; 837.50
33,677.50
1,622.72
1.45
494.80
125,018.33 125, 018. 33
i
SEH
November 7, 2008
Honorable Mayor and City Council
City of Gem Lake
4707 Hwy 61 #253
White Bear Lake, MN 55110-3227
RE: City of Gem Lake
City Engineer Services
SEH No. A-GEMLK0401.00 10.00
Dear. Mayor and Members of the Council:
This: letter supplements the Agreement for Professional Services between the City. of Gem Lake and Short
Elliott. Hendrickson Inc (SEH") dated January 1, 2002. The original Agreement provides for the review
and modification of the billing rates on an annual basis.
Wehave reviewed the rate table in effect for 2006 and the staff currently assigned to the City of Gem
Lake. With the variety andnumber of staff' providing services to Gem Lake, we feel that it is easier to
provide a range of rates for the different positions. This will provide the City with more accurate billing
and lower costs. The change in the mileagerate reflects the IRS rate, which SEH uses to reimburse
employee mileage. SEH typically hasnot charged mileageunless there are, special staff needs from other
offices. We will continue this for 2008-2009.
A copy of the revised Exhibit C-1 is attached which includes therevised ratetable and schedule of
expenses for 2008-2009. With yourapproval, this rate table would take effect beginning December 1,
2008.
I. would liketo thank you again for the opportunity to continueour relationship with the City of Gem
Lake. If you have any questions, please don't hesitate to contact me at 612.758.6757 and/or
jgese@sehinc.com. You can execute the terms of this Supplemental Agreement by providing signatures
below and returning one copy to our office.
Sincerely,
Justin M. Gese, PE
City Engineer
City of Gem Lake
By:
Title
By:
Title:
Short Elliott Hends•icksnn inc., Butler Square Buiiding, Suite 710C, Ip6 North 60...Street: Minneapolis, MN 55403-15t5
SFH fs an couaf oaportunity employer l www.sehinc.corri. j 612:758;6700 .l 866.830.3388 1 612.7513..670i fax
Exhibit C-1
to Agreement for Professional Services
Between City of Gem Lake (Owner)
and
Short Elliott Hendrickson Inc. (SEW)
Dated December 1, 2008
Payments to SEH for Services and Expenses
Using the Hourly Basis Option
The Agreement. For Professional Services is amended and
supplementedto include the followingagreement of the
parties:
A. Hourly Basis Option
The Owner and SEH select the hourly basis for
payment for services provided by SEH. SEH shall be
compensated monthly. Monthly charges for services
shall be based on SEH's current billing rates for
applicable employees plus charges for expenses and
equipment. Currentbilling ratesshallbe either the Rate
Table Method of Personneh Method as indicated in the
Supplemental Letter Agreement.
1. Rate Table Method - Current billing rates for
employees shall be those listed on a standard rate
tablesubmitted and approved as part of this
Agreement. The employee rates in theapproved
rate tables shall include the cost of computers and
cellular. phones. The. cost :of other expenses and
equipment shall be paidfor as reimbursable
expenses as identified in Paragraphs 13 and C of
this Exhibit C-.1 .
SEHwillprovide an estimate of the costs for services.
in this Agreement. It is agreed that after 90% of the
estimated compensation has been earned and if it
appears that completion of the services cannot be
accomplished within the remaining lQ%.of the
estimated compensation, SEH will notify the Owner
and confer with representatives of the Owner to
determine the basis for completing the work.
Compensation to SEH based on the Rate Table Method
is conditioned on completion of the work within the
effective period of the rate table. Should the time.
required to complete the work be extended beyond this
period, the rates in the Rate Tableshall be
appropriately adjusted.
B. Other Provisions Concerning Payments
l . Invoices will beprepared inaccordance with
SEH's standard invoicing practices and will he
submitted monthly to Owner by SEH.unless
otherwise agreed.
2. Invoices arc due and payable withisr30 days of
receipt. If Owner fails to make any payment due
SEH for services and expenses within 30 days
after receipt of SEH's invoicetherefor, the
amounts due SEH will be increased at the rate of
1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day.
SEH. may, after giving seven days written notice
to. Owner, suspend services under this Agreement
until .SEEr.has .been paid in full all amounts due
for services, expenses and other related charges.
Payments will be credited first :to interest and then
to principal. Further, SEH reserves the right to
retain products of service until all invoicesare
paid in full. SEH will not be liable for any claims
of loss, delay, or damage by Owner for reason of
withholding services or products of service until
all invoices are paid in full.
3. In the event of a disputed or contested invoice,
only that portion so contested may be withheld
from payment, and the undisputed portion will be
paid.
4. Should taxes, fees or costs be imposed, they shall
bein addition to SEH's estimated total
compensation.
C. Expenses
The following items involve expenditures made by
SEH employees or professional consultants on behalf
of the Owner. Their costs are not included in the hourly
charges made forservices and shall be paid for as
described in this Agreement.
i, Transportation and travel expenses.
2, Lodging and meal expense connected with the.
Project.
3. Fees paid, in the name of the Owner, for securing
approval of authorities having jurisdiction over
the Project.
4. Report, plan and specification reproduction
expenses.
5. Other special expenses required in connection
with the Project.
b. The cost of specialconsultants or technical
services as required. The cost of.suhconsultant
services shall include actual expenditure plus
'Short Elliott Hendrickson. Inc.
(Form 02106106)
Exhibit C-1 - 1 City of Gem Lake
10% markup for the cost of administration and
insurance.
The Ownershall pay SEH monthly for expenses.
D. .Equipment Utilization
The utilization of specialized equipment, including
automation equipment, is recognized as benefiting the
Owner. The Owner, therefore, agrees to pay the cost
for the use of such specialized equipment on the
project. SEH invoices to the Owner will contain
detailed information regarding the use of specialized
equipment on the projectand charges will be based on
the standard rates for the equipment published by SEH.
The. Owner shall pay SEH monthly forequipment
utilization..
Short. Elliott Hendrickson inc.
(Form 02/08/06)
Exhibit G-1 - 2 City of Gem Lake
SEH Hourly Billable Cost Range
Classification (1) Billable
Rate[W1
Office Staff
Principal S142.50.- 5199 80
Project Manager $ l 12.50 - $185.75
Project Engineer/Architect/Pianner/Scientist $93.50 $164.75
Staff. Engineer/Architect/Planner/Scientist $81.0.0 $127.0.0
Lead Technician $83.80- $135.00.
Senior Technician $79.75 - $110.00
Technician $$61.50 -.$99 50
Associate Technician $5.6.40 - $75.60
Word Processor $56.00 - $85..00
General Clerical $56.00 - $85.00
Graphic Designers $76.00 - $104,(X)
Field Staff
Lead Project Representative $90.00 - $ l 35.00.
Sr. Project Representative $85..80 - :$120.10
Project Representative $65.00 - $103.00
Survey Party Chief $73..50-.$133.45`
Survey Instrument Operator $62.50 - $77.95
Survey Assistant %46.00 - $76.00
cu
The actual rate charged is dependent upon the
hourly rate of the employee assigned to the
project. Therates shown are subject to change.
Effective: December 1, 2008
Expires: December 31, 2009
seh hourly biitable cost range
Schedule of Expenses
Vehicle Mileage Rates.
All Vehicles $0.505/mile
Vehicle Allowance Costs
Resident Project Representative
Survey Van
Computer Equipment
Computer Charges per Direct Hour of Labor
Total Station with AutoLock
Total Station without AutoLock
Global Positioning System (GPS)
$13.0()/day
$4.50/hour + $0.505/mile
$3.00/hour
$20.00/hour
$10.00/hour
$25.00/hour
Other expenses for additional items may be required by
the Owner to fulfill the terms of a specific authorization
Traffic Counter
Video Camera
Boat Rental
ATV Rental
Snowmobile Rental
Wastewater Sampler
Evaluation Equipment
Gas Meter
Tooke Gauge (Paint identification)
UT Gauge (Metal Thickness)
Elcometer (Adhesion Strength)
Dry Film Thickness Gauge
Nuclear Density. Tester.
Flow. Meters
$25.00/uniticount
$4.00/hour plus tape
$i00.00/day
$100.00/day
$100.00/day
$340.00/week
$20.00/day*
$20.00lday*
$20.00/day
$20.00/day*
$12.001day*
$200.00/week
$75.00/week
Safety Equipment
includes: Tripod/Retriever System; Belts; Lanyards $30.00/day*
* On projects extendinp.one (1.) week or longer, this cost represents
weekly rates.
Effective: December 1, 2008
Expires: December 3.1, 2009
schedule of expenses � page. 4
Identifiable Reproduction and Reprographic Costs (1)(2)
Item
81/2x11
11x17
Large
Format.
Per Item
Black/White CopyW
.11
.22
1.05
--
Color Copy'"
1.00
2.00
--
--
Printed Transparency —
blacklwhite
1 l 1
--
Printed Transparency. --color
2:00
--
--
--
Mylar
--
--
5.00.
--
Vellum
--
--
2.00
Scanning (per sq. Ft.)
.40
CD Copy
--
--
20.00
--
Lamination
2.00.
3.50
3,50 LF
-
Laminated Foamcore
(up to 24"x36")
40.00
Laminated Foarncore
(larger. than 24"x36:,)
75.00
Collating/Binding/Cover
4.00
3-Ring Binder with Custom
Graphic Cover
Size
1"
2"
3"
4"
3-Ring Binder with Custom
Graphic Cover
Cost.
5..10
6.04.
7.62
11.30
Tabs (per tab)
.20
Machine Folding
.02
Mailing/Processing
5.00
rig
Prices includeoperator time.
(2) Pricesdenote single -sided printing.
{3/ Standard stock, white paper used for pricing.
Prices are subject to change on a quarterly basis and may notbe
accompanied by immediate notification.
Effective: December 1, 2008
Expires: December 31, 2009
schedule of expenses .l page 2