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07/15/2016
SPECIAL LAUDERDALE CITY COUNCIL MEETING 12:15 P.M. FRIDAY, JULY 15, 2016 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Claims Totaling $110,500.12 4. CONSENT a. Election Judge Appointments 5. DISCUSSION / ACTION ITEMS a. Petition and Waiver Agreement for 1794 Walnut Street b. Petition and Waiver Agreement for 1798 Walnut Street 6. ADJOURNMENT CITY OF LAUDERDALE CLAIMS FOR APPROVAL July 15, 2016 City Council Meeting Payroll 07101/16 Payroll: Direct Deposit # 502257-502262 07/01/16 Payroll: Payroll Liabilities, E -payments 1121 E-1 124E Vendor Claims 07/12/16 Claims: Check #'s 23399-23432 $9,959.88 $8,167.15 $92,373.09! SUBTOTAL $110,500.12 Total Claims for Approval $110,500.12 Batch Name 07/01/16 PR Payment CITY OF LAUDERDALE Payments Current Period: JULY 2016 Computer Dollar Amt $8,167.15 Posted 07/05/16 1:58 PM Page 1 Refer 5527ICMA RETIREMENT TRUST- 457 Ck# 001122E 7/1/2016 Cash Payment G 101-21705 ICMA RETIREMENT 7/1/16 Payroll $1,667.74 Invoice Transaction Date 7/1/2016 Due 0 NORTH STAR CHEC 10100 Total $1,667.74 Refer 5529 MN DEPARTMENT OF REVENUE Ck# 001124E 7/1/2016 Cash Payment G 101-21702 STATE WITHHOLDING 7/1/2016 Payroll $664.70 Invoice Transaction Date 7/1/2016 Due 0 NORTH STAR CHEC 10100 Total $664.70 Refer 5526 NORTH STAR BANK, CHECKING S Ck# 001121 E 7/1/2016 Cash Payment G 101-21701 FEDERAL TAXES 7/1/16 Payroll $1,482.36 Invoice Cash Payment G 101-21703 FICA WITHHOLDING. 7/1/16 Payroll $2,429.98 Invoice Transaction Date 7/1/2016 Due 0 NORTH STAR CHEC 10100 Total $3,912.34 Refer 5528PERA Ck# 001 123E 7/1/2016 Cash Payment G 101-21704 PERA 7/1/2016 Payroll $1,922.37 Invoice Transaction Date 7/1/2016 Due 0 NORTH STAR CHEC 10100 Total $1,922.37 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $8,167.15 $8,167.15 Pre -Written Checks $8,167.15 Checks to be Generated by the Computer $0.00 Total $8,167.15 CITY OF LAUDERDALE 07/14/16 4:57 PM Page 1 *Claim Register© 07/15/16 CL JULY 2016 Claim Type Direct Claim# 5530 BLUECHIP TREE COMPANY Ck# 023401 7/15/2016 Cash Payment E 101-45200-317 TREE SERVICE Tree Trimming $680.00 Invoice Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $680.00 Claim# 5531 CITY OF FALCON HEIGHTS Ck# 023403 7/15/2016 Cash Payment E 101-42100-321 FIRE CALLS 4/16 Fire Calls $915.36 Invoice Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $915.36 Claim# 5532 CROIX OIL Ck# 023405 7/15/2016 Cash Payment E 602-49100-212 MOTOR FUELS Motor Fuels $28.21 Invoice 448079 Cash Payment E 101-43000-212 MOTOR FUELS Motor Fuels $131.66 Invoice 448079 Cash Payment E 601-49000-212 MOTOR FUELS Motor Fuels $28.21 Invoice 448079 _ Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $188.08 Claim# 5533 GOPHER STATE ONE CALL Ck# 023407 7/15/2016 Cash Payment E 101-43400-386 GOPHER STATE ONE CA June Locates $51.30 Invoice 6060501 Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $51.30 Claim# 5534.G & K SERVICES Ck# 023406 7/15/2016 Cash Payment E 602-49100-425 CLOTHING June PW Clothing $57.55 Invoice 2277524-06 Cash Payment E 601-49000-425 CLOTHING June PW Clothing $57.55 Invoice 2277524-06 Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $115.10 Claim# 5535 HOME DEPOT CRC Ck# 023408 7/15/2016 Cash Payment E 101-43000-228 REPAIR SUPPLIES LA retaining wall repair and supplies $212.46 Invoice 5241923 Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $212.46 Claim# 5536 JUMPITY JUMP Ck# 023410 7/15/2016 Cash Payment E 201-45600-377 DAY IN THE PARK DIP bounce house $209.00 Invoice _ Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $209.00 Claim# 5537 LILLIE SUBURBAN NEWS Ck# 023411 7/15/2016 Cash Payment E 101-41100-352 PUBLIC INFORMATION N Zoning Ord. Amendment Notice $26.40 Invoice Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $26.40 Claim# 5538 WASTE MANAGEMENT Ck# 023427 7/15/2016 Cash Payment E 101-43000-384 REFUSE DISPOSAL July Public Works $237.01 Invoice 741642305006 Transaction Date 7/7/2016 Due 0 NORTH STAR CHEC 10100 Total $237.01 Claim# 5539 MET COUNCIL ENVIRONMENTAL S Ck# 023412 7/15/2016 Cash Payment E 601-49000-387 WATER TREATMENT SE August Wastewater Treatment $11,602.32 Invoice 0001057528 CITY OF LAUDERDALE 07/14/164:57 PM Page 2 *Claim Register© 07/15/16 CL JULY 2016 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $11,602.32 Claim# 5540 NORTH STAR BANK, CHECKING ST Ck# 023415 7/15/2016 June Water Delivery Cash Payment E 101-41200-308 TRAINING & EDUCATION HB - ICMA Conference $455.00 Invoice _ Cash Payment E 101-41200-201 GENERAL SUPPLIES Office Supplies $53.53 Invoice $23.19 Claim# 5543 BUTKOWSKI, HEATHER Cash Payment E 201-45600-377 DAY IN THE PARK DIP Banner $65.07 Invoice Mileage Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $573.60 Claim# 5541 ON SITE SANITATION Ck# 023417 7/15/2016 Cash Payment E 101-41200-201 GENERAL SUPPLIES Cash Payment E 101-45200-427 PORTA POTTY RENTAL Porta Potty $10.89 Invoice 0000266615 Invoice Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $10.89 Claim# 5542 PREMIUM WATERS, INC Ck# 023418 7/15/2016 Cash Payment E 101-41200-208 WATER DELIVERY June Water Delivery $23.19 Invoice 6198610616 _ Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $23.19 Claim# 5543 BUTKOWSKI, HEATHER Ck# 023402 7/15/2016 Cash Payment E 101-41200-331 TRAVEL EXPENSE Mileage $81.95 Invoice Cash Payment E 101-41200-201 GENERAL SUPPLIES Labels $48.14 Invoice Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $130.09 Claim# 5544 PUBLIC EMPLOYEES INS PROGRA Ck# 023419 7/15/2016 Cash Payment E 101-41200-131 HEALTH INSURANCE August Insurance Premiums $2,858.54 Invoice 486391 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $2,858.54 Claim# 5545 YAEGER, LEN Ck# 023432 7/15/2016 Cash Payment E 201-45600-377 DAY IN THE PARK DIP Music $400.00 Invoice Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $400.00 Claim# 5546 NORTH STAR BANK, CHECKING ST Ck# 023415 7/15/2016 Cash Payment E 201-45600-377 DAY IN THE PARK DIP - Petty Cash $200.00 Invoice _ Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $200.00 Claim# 5547 BEDOR, PAUL Ck# 023400 7/15/2016 Cash Payment E 201-45600-377 DAY IN THE PARK DIP - Ballon Animals $90.00 Invoice Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $90.00 Claim# 5548 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 Cash Payment E 203-50000-327 OTHER SERVICES Recycling Admin Charge $331.00 Invoice PRRL0001622 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $331.00 Claim# 5549 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 CITY OF LAUDERDALE 07/14/164:57 PM Page 3 *Claim Register© 07/15/16 CL Transaction Date 7/8/2016 Due 0 JULY 2016 Total $254.03 Cash Payment E 101-41500-327 OTHER SERVICES Voting System Maintenance $680.64 Invoice PRREL000458 Supplies $10.48 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $680.64 Claim# 5550 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 Total $10.48 Cash Payment E 101-42100-442 MISCELLANEOUS June Fleet Support $6.24 Invoice EMCOM005282 2430 Larpenteur Avenue $12.25 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $6.24 Claim# 5551 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 Total $12.25 Cash Payment E 101-42100-318 911 DISPATCH June 911 Dispatch $1,177.13 Invoice EMCOM005296 Larpenteur Lights $34.86 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $1,177.13 Claim# 5552 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 Total $34.86 Cash Payment G 101-21706 HEALTH INSURANCE Health Insurance $417.55 Invoice RISK001795 1821 Eustis $9.64 Cash Payment E 101-41200-355 PRINTING SERVICES Health Insurance $25.00 Invoice RISK001795 1821 Eustis $15.05 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $442.55 Claim# 5553 CITY OF ST ANTHONY Ck# 023404 7/15/2016 Total $24.69 Cash Payment E 101-42100-319 POLICE CONTRACT July Police Services $54,418.83 Invoice 3411 _ Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $54,418.83 Claim# 5554 RAMSEY COUNTY, PROP REC & RE Ck# 023421 7/15/2016 Cash Payment E 101-42100-318 911 DISPATCH June CAD Services $254.03 Invoice EMCOM005311 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $254.03 Claim# 5555 SUBURBAN ACE HARDWARE Ck# 023424 7/15/2016 Cash Payment E 101-43000-228 REPAIR SUPPLIES Supplies $10.48 Invoice 2487-06 _ Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $10.48 Claim# 5556XCEL ENERGY, 2430 LARPENTEUR Ck# 023428 7/15/2016 Cash Payment E 101-43000-381 ELECTRIC UTILITIES 2430 Larpenteur Avenue $12.25 Invoice 507109759 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $12.25 Claim# 5557XCEL ENERGY, STREET LIGHTING Ck# 023431 7/15/2016 Cash Payment E 101-43000-381 ELECTRIC UTILITIES Larpenteur Lights $34.86 Invoice 507109759 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $34.86 Claim# 5558 XCEL ENERGY, CITY HALL Ck# 023429 7/15/2016 Cash Payment E 101-43000-383 GAS UTILITIES 1821 Eustis $9.64 Invoice 507091722 Cash Payment E 101-43000-381 ELECTRIC UTILITIES 1821 Eustis $15.05 Invoice 507091722 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $24.69 Claim# 5559XCEL ENERGY, STREET LIGHTING Ck# 023431 7/15/2016 CITY OF LAUDERDALE 07/14/16 4:57 PM Page 4 *Claim Register© 07/15/16 CL JULY 2016 Cash Payment E 101-43000-381 ELECTRIC UTILITIES LA Bridge Lights $34.13 Invoice 507060826 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $34.13 Claim# 5560XCEL ENERGY, CITY HALL Ck# 023429 7/15/2016 Cash Payment E 101-43000-383 GAS UTILITIES Gas Invoice 507183567 Cash Payment E 101-43000-381 ELECTRIC UTILITIES Electric Invoice 507183567 $29.26 $138.48 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $167.74 Claim# 5561 STANTEC Ck# 023423 7/15/2016 Cash Payment E 601-49000-304 ENGINEERING 1/1 Mitigation Invoice 1039486 Cash Payment E 602-49100-304 ENGINEERING MS4 Permit and Audit Invoice 1039486 $152.00 $897.00 Transaction Date 7/8/2016 Due 0 NORTH STAR CHEC 10100 Total $1,049.00 Claim# 5565 VERIZON WIRELESS Ck# 023426 7/15/2016 Cash Payment E 602-49100-391 TELEPHONE/PAGERS Cell phone $32.60 Invoice 9767909336 Cash Payment E 101-43000-391 TELEPHONE/PAGERS Cell phone $16.30 Invoice 9767909336 Cash Payment E 601-49000-391 TELEPHONE/PAGERS Cell phone $16.30 Invoice 9767909336 _ Transaction Date 7/11/2016 Due 0 NORTH STAR CHEC 10100 Total $65.20 Claim# 5566ACCELA Ck# 023399 7/15/2016 Cash Payment E 414-48100-538 COMPUTER SOFTWARE Computer software $3,200.00 Invoice 2324 Transaction Date 7/11/2016 Due 0 NORTH STAR CHEC 10100 Total $3,200.00 Claim# 5567XCEL ENERGY, STREET LIGHTING Ck# 023431 7/15/2016 Cash Payment E 101-43000-381 ELECTRIC UTILITIES June Street Lighting $480.97 Invoice 507524766 Transaction Date 7/11/2016 Due 0 NORTH STAR CHEC 10100 Total $480.97 Claim# 5568XCEL ENERGY, PARK & GARAGE Ck# 023430 7/15/2016 Cash Payment E 101-43000-383 GAS UTILITIES Gas & Electric $50.00 Invoice 507716121 Cash Payment E 101-43000-381 ELECTRIC UTILITIES Gas & Electric $47.64 Invoice 507716121 _ Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $97.64 Claim# 5569 US BANK EQUIPMENT FINANCE Ck# 023425 7/15/2016 Cash Payment E 101-41200-401 COPIER CONTRACT Copier Contract $149.00 Invoice 308423292 Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $149.00 Claim# 5570 NAPA AUTO PARTS Ck# 023414 7/15/2016 Cash Payment E 101-43000-228 REPAIR SUPPLIES Invoice 676411 Cash Payment E 101-43000-228 REPAIR SUPPLIES Invoice 676770 Auto Parts Auto Parts $62.36 $1.88 CITY OF LAUDERDALE 07/14/16 4:57 PM Page 5 *Claim Register© 07/15/16 CL JULY 2016 Cash Payment E 101-43000-228 REPAIR SUPPLIES Auto Parts $25.82 Invoice 678129 Seal Coating Project $2,909.42 Cash Payment E 101-43000-228 REPAIR SUPPLIES Auto Parts $4.49 Invoice 678153 Due 0 NORTH STAR CHEC 10100 Total $2,909.42 Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $94.55 Claim# 5571 NORTH SUBURBAN ACCESS CORP Ck# 023416 7/15/2016 $152.00 Cash Payment E 202-49500-327 OTHER SERVICES 2Q16 Webstreaming $752.88 Invoice 16-065 MS4 Annual Report $126.00 Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $752.88 Claim# 5572 MN DEPT OF EMPLOYMENT AND Ck# 023413 7/15/2016 Total $278.00 Cash Payment E 101-45200-142 UNEMPLOYMENT BENEF Unemployment Invoice 10674326 $84.93 Transaction Date. 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $84.93 Claim# 5574 RAMSEY COUNTY VITAL RECORDS Ck# 023420 7/15/2016 - Cash Payment E 101-41200-438 DUES & SUBSCRIPTIONS Notary Commission $20.00 Invoice Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $20.00 Claim# 5575 SCHWAAB, INC Ck# 023422 7/15/2016 Cash Payment E 101-41200-201 GENERAL SUPPLIES Notary Stamp & Book Invoice $42.00 Transaction Date 7/12/2016 Due 0 NORTH STAR CHEC 10100 Total $42.00 Claim# 5576 STANTEC Ck# 023423 7/15/2016 Cash Payment E 401-48401-304 ENGINEERING Seal Coating Project $2,909.42 Invoice 1039483 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $2,909.42 Claim# 5577 STANTEC Ck# 023423 7/15/2016 Cash Payment E 601-49000-304 ENGINEERING 1/1 Mitigation $152.00 Invoice 1046572 Cash Payment E 602-49100-304 ENGINEERING MS4 Annual Report $126.00 Invoice 1046572 -- Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $278.00 Claim# 5578 STANTEC Ck# 023423 7/15/2016 Cash Payment E 601-49000-304 ENGINEERING Sewer Lining Project $3,204.25 Invoice 1039482 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $3,204.25 Claim# 5579 STANTEC Ck# 023423 7/15/2016 Cash Payment E 404-48404-304 ENGINEERING Seal Coating Project Invoice 1046576 $1,042.97 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $1,042.97 ........__...... Claim# 5580 STANTEC Ck# 023423 7/15/2016 Cash Payment E 101-43000-304 ENGINEERING Engineering Services $380.00 Invoice 1058954 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $380.00 Claim# 5581 STANTEC Ck# 023423 7/15/2016 CITY OF LAUDERDALE 07/14/164:57 PM Page 6 *Claim Register© 07/15/16 CL JULY 2016 w Cash Payment E 401-48401-303 FINANCIAL CONTRACT Seal Coating Project $104.50 Invoice 1058955 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $104.50 Claim# 5582 STANTEC Ck# 023423 7/15/2016 Cash Payment E 401-48401-304 ENGINEERING 2016 Seal Coating Project $1,033.74 Invoice 1058957 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $1,033.74 Claim# 5583 STANTEC Ck# 023423 7/15/2016 Cash Payment E 601-49000-304 ENGINEERING Sanitary Sewer Lining Project $1,214.89 Invoice 1046574 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $1,214.89 Claim# 5584INTEGRA Ck# 023409 7/15/2016 Cash Payment E 101-41200-391 TELEPHONE/PAGERS fax line $51.24 Invoice 14055603 Transaction Date 7/14/2016 Due 0 NORTH STAR CHEC 10100 Total $51.24 Claim Type Direct Total $92,373.09 Pre -Written Checks $92,373.09 Checks to be Generated by the Compute $0.00 Total $92,373.09 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent _X_ Public Hearing Discussion Action Resolution Work Session Meeting Date July 15, 2016 ITEM NUMBER Appoint Election Judges STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Below are individuals willing to be appointed by the City Council to serve as election judges for the 2016 Primary and General elections. Many of these election judges have performed election judge duties for many years and some are new. Karen Doherty will be the Head Election Judge again this year. Applicants don't need to declare party affiliation to be a judge but the City must follow rules for maintaining party balance. Party affiliation is not public information. The City has the required party representation for the 2016 election season. Judges must attend a two-hour in person or on-line training session every two years as re- quired by State Law. The judges will be offered $12.50 per hour for training and on election day. Those that work a full day will be offered $200 and the head judge $220. The City supplies breakfast, lunch, and dinner on election day. STAFF RECOMMENDATION: By approving the consent agenda, the City Council approves the 2016 election judge list for the 2016 primary and general elections. COUNCIL ACTION: Judges for Primary and General Elections Wally Borner Donna Bowe Lisa Cierzan Karen Doherty Gayle Mangan Tony Mieloch Peiju Picard Hans Simons Anne Sisel Chuck Stewart Crystal Wisen Lynn Berkeland Paula Biever Judy Hayes Kathryne Kuhns James Lee Paula Moyer Mark Peterson Shirley Soderstrom Linda Stowell Jennifer Syverson Applicants don't need to declare party affiliation to be a judge but the City must follow rules for maintaining party balance. Party affiliation is not public information. The City has the required party representation for the 2016 election season. Judges must attend a two-hour in person or on-line training session every two years as re- quired by State Law. The judges will be offered $12.50 per hour for training and on election day. Those that work a full day will be offered $200 and the head judge $220. The City supplies breakfast, lunch, and dinner on election day. STAFF RECOMMENDATION: By approving the consent agenda, the City Council approves the 2016 election judge list for the 2016 primary and general elections. COUNCIL ACTION: LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date July 12, 2016 ITEM NUMBER Walnut Street Tree Removal STAFF INITIAL 7:0 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: A cost sharing agreement, subject to City Council approval, has been worked out with Julee Blake and her neighbors, Sung Chul and Yoonju Park. Each party has agreed to pay for half of the cost of the tree removal at 1798 Walnut Street, including the legal and some adminis- trative costs. The cost is not expected to exceed $3,000 per party and the agreement allows them three years to pay off the special assessment. Even though these costs will be specially assessed, the agreement allows the City to forgo the usual notices and public hearings. Staff recommend adopting each agreement separately. After the agreement is approved and signed off by the owners, staff will contact a tree trimmer to complete the project. OPTIONS: STAFF RECOMMENDATION: Motion to adopt the Petition and Waiver Agreement with Julee Blake, owner of 1798 Wal- nut Street. Motion to adopt the Petition and Waiver Agreement with Sung Chul and Yoonju Park, own- ers of 1794 Walnut Street. PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (the "Agreement") is made this day of July, 2016, by and between the city of Lauderdale, a Minnesota municipal corporation (the "City"), and Sung Chul Park and Yoonju Park, owners of 1794 Walnut Street, Lauderdale, Minnesota (the "Owners"). WITNESSETH: WHEREAS, the Owners are the fee owner of certain real property located in Lauderdale whose legal description is Lot 29, Block 9, Lauderdale's East Side Addition, PIN 17.29.23.33.0034, (the "Property"); and WHEREAS, the neighbor has a large cottonwood tree that spans her property and that of the Owners; and WHEREAS, the tree has limbs that are dead and of concern to the Owners as they feel they pose a threat to public safety; and WHEREAS, the Owners and their neighbor have requested that the City cut down and remove the tree from 1798 Walnut Street and the Owners and the neighbor have each agreed to be specially assessed fifty percent of all costs for the tree removal; and WHEREAS, the City is willing to specially assess both 1798 Walnut Street and 1794 Walnut Street for the full cost of the tree removal project as the benefited properties; and WHEREAS, the City is willing to forgo notices and hearings, provided the assurances and covenants hereinafter stated are made by the Owners to ensure that the City will have a valid and collectable special assessment as it relates to the tree removal projects. NOW, THEREFORE, ON THE BASIS OF THE OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1 482485v2 LAI35-3 1. The Owners represent and warrant that they are the fee owners of the Property and that they have legal power and authority to encumber the Property as herein provided and that there are no other liens or encumbrances against the Property except those of record. 2. The Owners hereby petition the City for removal of the tree and hereby grant permission for the City and its contractor to enter the Property for the purpose of carrying out the removal of the tree (the "Project"). The City will remove the tree at such time as it is able to procure a qualified, licensed tree trimmer. 3. The Owners consent to the City levying a special assessment for the Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall be one-half of the actual cost to remove the tree, including all legal and administrative expenses associated therewith, but not to exceed $3,000.00. The City intends to enter into a similar agreement with the owner of the neighboring property at 1798 Walnut Street but this Agreement is valid regardless of whether the City and the neighbor execute such an agreement. 4. The Owners waive notice of hearing and hearing pursuant to Minn. Stat. Section 429.031 on the Project and notice of hearing and hearing on the special assessment levied to finance the Project pursuant to Minn. Stat. Section 429.061 and specifically request that the Project be carried out and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Owners waive the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agree with respect to such special assessment against the Property that: a. All requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; and b. The increase in fair market value of the Property resulting from completing the Project will be at least equal to the amount of the special assessment levied against the Property and that such increase in fair market value is a special benefit to the Property. 6. The special assessment levied against the Property shall be payable over three years and shall bear an interest rate of eight percent per annum. The first installment of principal and interest shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment. 7. The waivers and agreements contained in this Agreement shall bind the Owners and their successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Ramsey County, Minnesota and the Owners and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 2 482485v2 LA135-3 I above. Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail: a) as to the Owner b) as to the City Sung Chul and Yoonju Park 1794 Walnut Street Lauderdale, MN 55113 City of Lauderdale 1891 Walnut Street Lauderdale, MN 55331 Attn: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. This Agreement shall terminate upon the final payment of all special assessment levied against the Property for the Project. IN WITNESS WHEREOF, the parties have set their hands the day and year first written OWNERS OF 1794 WALNUT STREET By: Sung Chul Park By: Yoonju Park STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of July, 2016, by Sung Chul Park and Yoonju Park, a married couple, owners of 1794 Walnut Street. Notary Public 3 482485v2 LA135-3 IC STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) CITY OF LAUDERDALE Jeffrey Dains, Mayor Heather Butkowski, City Administrator - Clerk The foregoing instrument was acknowledged before me this day of July, 2016, by Jeffrey Dains and Heather Butkowski, the mayor and city administrator -clerk, respectively, of the city of Lauderdale, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. Notary Public M 482485v2 LA135-3 PETITION AND WAIVER AGREY MENT THIS PETITION AND WAIVER AGREEMENT (the "Agreement") is made this day of July, 2016, by and between the city of Lauderdale, a Minnesota municipal corporation (the "City"), and Julee Denise Blake, owner of 1798 Walnut Street, Lauderdale, Minnesota (the "Owner"). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property located in Lauderdale whose legal description is Lot 30, Block 9, Lauderdale's East Side Addition, PIN 17.29.23.33.0035, (the "Property"); and WHEREAS, the Owner has a large cottonwood tree that spans her property and that of neighbors; and WHEREAS, the tree has limbs that are dead and of concern to the neighbors as they feel they pose a threat to public safety; and WHEREAS, the Owner and the neighbor have requested that the City cut down and remove the tree from the Property and the Owner and the neighbor have each agreed to be specially assessed fifty percent of all costs for the tree removal; and WHEREAS, the City is willing to specially assess both 1798 Walnut Street and 179 Walnut Street for the full cost of the tree removal project as the benefited properties; and WHEREAS, the City is willing to forgo notices and hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have a valid and collectable special assessment as it relates to the tree removal projects. NOW, THEREFORE, ON THE BASIS OF THE OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1 482485v2 LAI 35-3 1. The Owner represents and warrants that she is the fee owner of the Property and that she has legal power and authority to encumber the Property as herein provided and that there are no other liens or encumbrances against the Property except those of record. 2. The Owner hereby petitions the City for removal of the tree and hereby grants pennission for the City and its contractor to enter the Property for the purpose of carrying out the removal of the tree (the "Project"). The City will remove the tree at such time as it is able to procure a qualified, licensed tree trimmer. 3. The Owner consents to the City levying a special assessment for the Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall be one-half of the actual cost to remove the tree, including all legal and administrative expenses associated therewith, but not to exceed $3,000.00. The City intends to enter into a similar agreement with the owner of the neighboring property at 1794 Walnut Street but this Agreement is valid regardless of whether the City and the neighbor execute such an agreement. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031 on the Project and notice of hearing and hearing on the special assessment levied to finance the Project pursuant to Minn. Stat. Section 429.061 and specifically requests that the Project be carried out and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Owner waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agree with respect to such special assessment against the Property that: a. All requirements of Minn. Stat., Cha ter 429 with which the City does not comply are hereby waived by the Owner; anf b. The increase in fair market value of the Property resulting from completing tide Project will be at least equal to the amount of the special assessment levied against the Property and that such increase in fair market value is a special benefit to the Property. 6. The special assessment levied against the Property shall be payable over three years and shall bear an interest rate of eight percent per annum. The first installment of principal and interest shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment. 7. The waivers and agreements contained in this Agreement shall bind the Owner and her successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Rarnsey County, Minnesota and the Owner and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 2 482485v2 LA135-3 Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail: I above. a) as to the Owner b) as to the City Julee Denise Blake 1798 Walnut Street Lauderdale, MN 55113 City of Lauderdale 1891 Walnut Street Lauderdale, MN 55331 Attn: City Administrator or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. This Agreement shall terminate upon the final payinent of all special assessment levied against the Property for the Project. IN WITNESS WHEREOF, the parties have set their hands the day and year first written STATE OF MINNESOTA ss. COUNTY OF RAMSEY OWNER OF 1798 WALNUT STREET By: J lee Denise Blake The foregoing instrument was acknowledged before me this day of July, 2016, by Julee Denise Blake, a single person, owner of 1798 Walnut Street. JAMES 10WIVIK ary Public j NQ7P.f,YPU8LIC-RiINN8SOTA §'' 420 ,•„,;,�� My Commission Expires Jan. 31, 2010 3 482485v2 LAI 3S-3 C CITY OF LAUDERDALE Jeffrey Dains, Mayor By: Heather Butkowski, City Administrator - Clerk STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of July, 2016, by Jeffrey Dains and Heather Butkowski, the mayor and city administrator -clerk, respectively, of the city of Lauderdale, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. Notary Public 11 482485v2 LA135-3