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03/27/2018
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, MARCH 27, 2018 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. . CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the March 13, 2018 City Council Meeting c. Claims Totaling $26,019.64 4. CONSENT a. February Financial Report b. Street Sweeping Proposal 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. 2017 Audit Report by Abdo, Eick, and Meyers Staff b. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Post Issuance Debt Compliance Policy b. Proposal for Phase II Subsurface Investigation at 1795 Eustis Street c. Rental Housing Ordinance Revisions 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Results of the April 10 Bond Sale for Purchase of 1795 Eustis Street b. Rental Housing Ordinance Revisions 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 March 13, 2018 Roll Call Mayor Gaasch called the Regular City Council meeting to order at 7:30 p.m. Councilors present: Jeff Dains, Kelly Dolphin, Roxanne Grove, Andi Moffatt, and Mayor Mary Gaasch. Councilors absent: None. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Grove moved and seconded by Councilor Moffatt to approve the agenda. Motion carried unanimously. Mayor Gaasch asked if there were any changes to the meeting minutes. There being none, Councilor Dolphin moved and seconded by Councilor Grove to approve the minutes of the February 27, 2018, City Council Meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the claims totaling $86,385.49. Motion carried unanimously. Consent Councilor Dains moved and seconded by Councilor Grove to approve the Consent Agenda thereby acknowledging the Fourth Quarter/Year End Investment Report. Motion carried unanimously. Informational Presentations/Reports A. City Council Updates Councilor Dains attended the St. Paul Board of Water Commissioners meeting on March 13 where they decided that the land around the Highland. Park water tower will remain publicly owned.: Councilor Dolphin added that the Comprehensive Plan Open House would take place on March 14 at City Hall. Mayor Gaasch update the Council on discussions of the Mississippi Watershed Management Organization. Discussion/Action Items A. Resolution No. 031318A Providing for the Sale of $1,310,000 General Obligation TIF Bonds, Series 2018A to Purchase 1795 Eustis Street LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 March 13, 2018 James Lehnhoff of Ehlers and Associates answered Councilor's questions regarding the process and terms of the upcoming bond sale to complete the purchase of 1795 Eustis Street. Councilor Moffatt moved to adopt Resolution 031318A — A Resolution Providing for the Sale of $1,310,000 General Obligation TIF Bonds, Series 2018A. The motion was seconded by Councilor Grove and carried unanimously. B. Engagement of Ehlers and Associates as the Dissemination Agent for Continuing Disclosure Requirements. Butkowski explained that in advance of the bond sale in April, the City needed to identify someone to be the dissemination agent for ongoing disclosures required by the Securities and Exchange Commission. Ehlers and Associates provided a Letter of Engagement for those services. Councilor Grove moved to ratify the Letter of Engagement with Ehlers & Associates as presented. The motion was seconded by Councilor Dains and carried unanimously. C. Agreement for Post Issuance Debt Compliance Policy and Procedures Templates with Ehlers and Associates. Butkowski also presented an agreement with Ehlers and Associates for post -issuance debt compliance. Once approved, Ehlers staff would send over the necessary policies for adoption at the next meeting. Councilor Moffatt moved to enter into the Agreement for Post Issuance Debt Compliance Policy and Procedures Templates with Ehlers and Associates. The motion was seconded by Councilor Dains and carried unanimously. D. Approve Plans and Specifications and Advertisement for Bids of the 2018 Sanitary Sewer Lining Project. Previously, the Council authorized the city engineer to prepare specifications for the 2018 sanitary sewer lining project. The project costs are in line with the $100,000 budgeted knowing that about 25% of the project costs will be covered by the inflow and infiltration grant the City received from the Metropolitan Council. Councilor Grove moved to approve letting of the plans and authorize bidding of the 2018 sanitary sewer lining project. The motion was seconded by Councilor Dolphin and carried unanimously. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 March 13, 2018 Set Agenda for Next Meeting Administrator Butkowski stated that the next council meeting may include Rental Housing Ordinance revisions, adoption of an arbitrage policy, the February Financial Report, and a presentation on the 2017 audit by Abdo, Eick & Meyers. Work Session A. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to anyone in attendance that wanted to address the Council. There being no interested parties to speak, Mayor Gaasch closed the floor. B. Community Development Update Butkowski informed the Council that the Comprehensive Plan Open House will take place at City Hall on March 14. Butkowski stated that she has a meeting with the Ramsey County Engineer on March 16 to further discuss the jurisdictional transfer of Eustis Street. Next week the City will learn the status of the grant to treat invasive species in the Nature area. The bond rating call has been set for March 27. Adj ournment Councilor Dains moved and seconded by Councilor Grove to adjourn the meeting at 7:52 p.m. Motion carried unanimously. Respectfully submitted, 4 Miles Cline Deputy City Clerk CITY OF LAUDERDALE LAUDERDALE CITY HALL 1 891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action To: Mayor and City Council From: City Administrator Meeting Date: March 27, 2018 Subject: List of Claims The claims totaling $26,019.64 are provided for City Council review and approval that includes check numbers 25768 to 25781. Accounts Payable Checks by Date - Detail by Check Date User: Printed: miles.cline 3/22/2018 4:49 PM Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 25768 65 Allstream Inc. 707155 Fax Line 25769 184 Cintas 022018 February Uniforms 022018 February Uniforms 03/27/2018 Total for Check Number 25768: 03/27/2018 51.62 51.62 23.26 23.26 Total for Check Number 25769: 46.52 25770 33 City of Falcon Heights 03/27/2018 022018 February Fire Calls 25771 25 686.53 Total for Check Number 25770: 686.53 County of Ramsey 03/27/2018 RISK -001912 Insurance Processing Fee 25772 38 Croix Oil Company Inc. 477118 February Fuel 477118 February Fuel 477118 February Fuel 25.00 Total for Check Number 25771: 25.00 03/27/2018 142.73 30.59 30.58 Total for Check Number 25772: 203.90 25773 164 Dalco Enterprises Inc 03/27/2018 3294599 Paper Towels 130.66 Total for Check Number 25773: 130.66 25774 19 Ehlers and Associates Inc 03/27/2018 76423 TIF District 1-2 6,250.00 76425 TIF District 1-2 2,500.00 76470 Jan. & Feb. Consulting Services 1,080.00 25775 60 G & K Services Inc 2277524-02 February Uniforms 2277524-02 February Uniforms 25776 31 Kennedy & Graven Chartered 141926 February Legal Services 141926 TIF District 1-2 Total for Check Number 25774: 9,830.00 03/27/2018 22.01 22.02 Total for Check Ntunber 25775: 44.03 03/27/2018 612.00 300.00 Total for Check Number 25776: 912.00 AP Checks by Date - Detail by Check Date (3/22/2018 4:49 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 25777 23 1NV1032210 Metro Sales Inc 03/27/2018 Quarterly Copy Charges 167.76 Total for Check Number 25777: 167.76 25778 91 Suburban Ace Hardware 03/27/2018 111216 Front Door Keys 20.94 Total for Check Number 25778: 20.94 25779 162 Swanson Haskamp Consulting, LLC 03/27/2018 600 Comprehensive Plan Pay 9 1,477.50 Total for Check Number 25779: 1,477.50 25780 4 The Neighborhood Recycling Company Inc 03/27/2018 17492 February Revenue Sharing 17492 February Recycling Contract 25781 74 Xcel Energy 582748189 February Street Lighting 582913566 1885 Fulham Street 582913566 1885 Fulham Street 582913566 1917 Walnut Street 582913566 1917 Walnut Street 582979001 Larpenteur Avenue -91.09 2,442.24 Total for Check Number 25780: 2,351.15 03/27/2018 427.88 133.41 88.88 27.35 173.44 59.11 Total for Check Number 25781: 910.07 Total for 3/27/2018: 16,857.68 Report Total (14 checks): 16,857.68 AP Checks by Date - Detail by Check Date (3/22/2018 4:49 PM) Page 2 a) •U 0 cKs cc � N { 0Q O U '0 User: miles.cline Printed: 3/22/2018 5:10:16 PM Number of Items • O Invoice Number Vendor Name Vendor Number ^+ M N 4,1--� N 7 ON 00 M 1/40 N M c• O coNN r -• : O N 7 N M ,0 N 69 69 H9 64 b4 69 U • 7 7 7 Accounts Payable - Invoice Selection Invoices (3/22/2018) LAUDERDALE COUNCIL ACTION FORM 1 Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date March 27, 2018 ITEM NUMBER Febru r Financial Report STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month I provide the Council with an updated copy of the city's finances. Following are the revenue, expense, and cash balance reports for February 2018. These numbers re- flect post audit balances. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for February 2018. COUNCIL ACTION: General Ledger Cash Balances User: heather.butkowski Printed: 3/12/2018 1:59:00 PM Period 02 - 02 Fiscal Year 2018 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash 101-00000-000-10100 -2,502,174.20 141,779.33 138,962.59 -2,499,357.46 Change Fund 101-00000-000-10300 100.00 0.00 0.00 100.00 Cash 226-00000-000-10100 13,340.78 8.45 650.41 12,698.82 Cash 227-00000-000-10100 102,233.93 65.43 4,018.27 98,281.09 Cash 401-00000-000-10100 97,970.45 65.27 0.00 98,035.72 Cash 403-00000-000-10100 439,463.70 292.78 0.00 439,756.48 Cash 404-00000-000-10100 268,948.26 179.18 0.00 269,127.44 . Cash 405-00000-000-10100 25,858.42 8.09 13,720.50 12,146.01 Cash 414-00000-000-10100 299,034.66 199.22 0.00 299,233.88 Cash 602-00000-000-10100 1,005,260.75 12,488.88 18,477.51 999,272.12 Cash 603-00000-000-10100 366,658.54 3,917.05 7,877.42 362,698.17 Current Assets 116,695.29 159,003.68 183,706.70 91,992.27 Petty Cash 101-00000-000-10200 Petty Cash Investments - Fair Value 101-00000-000-10410 Adj Investments Grand Total 300.00 0.00 0.00 300.00 300.00 0.00 0.00 300.00 3,195,364.73 2,106.78 125,000.00 3,072,471.51 3,195,364.73 2,106.78 125,000.00 3,072,471.51 3,312,360.02 161,110.46 308,706.70 3,164,763.78 GL - Cash Balances (03/12/2018 - 01:59 PM) Page 1 10 0 F.1 c 0 00 CD 000 PIZ 1) yNNON 0 t) NM O 5 Do P5 0 . a4 LU O O O VD len N OO I 00 M VD 0 01 00 O O CT O CO M DN O un V O N M O O O) O O 0 0C) DO\ H S V'1 X00 6 t M O N OLin 000V0 OI 7-1 cqMM 1- O 0 O ONOh In,-, 0 �O ,-. O v)v, 1, 1n 0v1 O VDlr� O In oo O� ONCV VD '--10000 CO S v') M M r H N �O O� N VD 00 N Q� VD 01 VD 01 O 000'' 0I M 0COCVD OMOO 00I 00 O (' O M v)00 O M O v1 '' N O b N d' V1 O pM b — O O V VO CT M N 1.41 00 M N Q\ CN 00 00 0 0 00 O� -1 .-1 ti V'1 1-1 N V N h N 01 ,-- Cl ,--i N M 0 O N00000inV p b ,-,[��O O 0000 • M O\ '' O '' \O l n 00 N ,--- V1 co O V) M 00 (-1 ,-o r-1 '--- 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 O O O O O O O ''00000 O �' Od'O O ,. v7 'C 0 0 0 N v 0 r- O I , 00 N M O v') v) OO v) O In C' O c'i 0 00 N vi o� �r o0 VD M vd'1 ,-, M M 00 ,,'' 0) O 00 b czt U_ E N • t a a) 0`� 0) F�.1 Wa • (4000 General Fund O GL - Revenue vs Expense (03/12/2018 - 01:59 PM) end/Collect 5 to-) E 5 5 @| { G C;g /66 - <,..) @& \ \ .E.." / > » YTD Balance Current Period 00 3@@@ § ®6\\ \ /R q > m @/ 2@// G @ t--: / \ c @ ® 5 &| \ \ co @ @| \ f a7 00 QQQ m - Tr. \ \\\\ k 00 k q ® ^© / ) f 7 / a \ 7 § 0 0 \ )- \ = 5� »3,0\ k \ )§4 ( �(ƒ\/ § d j//\ / F/ 0. o// W4 0 Account Number GL - Revenue vs Expense (03/12/2018 - 01:59 PM) end/Collect YTD Balance "d O M( N OO dam_' pl VM' M 0 0 cy CV N O VD p( © O CV Ovi cr) O oO 0 Cr) N H M VO O ^CV M'1 . - N6 cr Vh 00 N O 00 p l� O M p N '71-0 —, Oen 1.•r- M M N O M M Q\ O 0o O 00 O M p VD 00-+ O - M •--+ N 14 it ii • pp M so o 0 N 0 O > N 0 �r o G 0 E CD VI • 4 t� d' N 00 00 N OUl M 000 p 0 0 (V 000 0 0 00 N O O 01 cc1 M V1 N Revenue vs Expense (03/12/2018 - 01:59 PM) end/Collect ONpI N OO OI O M v1 p V1 0 0 0 O ti V OO 00OpON b0 00 O O0 0 N N N 0 O N 'o M M O O �O Cl O O O YTD Balance Current Period OCa) pI ON pO pl O ON O N O N O O O O N ONOI N pp O) O Opo 000 0 tn 0 0 O I 0 0 0 O I O O 0 0 O O O O p O O ,t:3 0 0 0 O 0 0 0 O O : k/'1 Vl O O V) Pa O O CT U -1u)-•0 bA U tn El N 0 �+ bA O (0 O A U 0 y r. r)as a� a> O m •U aFi y bA "� w. d 4) s" ., ti 0) i11U 0 Cl.) . 7,,, N aai a4i CL) °3 .� ani k"'5 'EJ -''5 k" cn a A c.7g 0 1:4 Wo0o W N g.co 'C3W a,� o N p Q) yc]ON (0 d M N C c7 1=Jt L.: O cd P r,a a w a, Account N General Capital Projects 0 GL - Revenue vs Expense (03/12/2018 - 01:59 PM) N ▪ N Sal b1) 'Ca) W 7',7tcu Q) U O 00 00 d• V' NO d O V1 O to O\ O ON O ^- O O .�-a O H rr-I U W O O 0 O Q O O C� O N I O N N 00 tri m M N U 0 0 0 O M O M M O N O N N 0 N • • O cct Li.) to M M 00 A F Current Period o 00 o 00 0 0 CO O c O( 0 e O O O ON N N N 0 0 pI O OOIO 0 0 O O O O O 0 O O O O O O O O O Z O © O O O Qa 56 C 5 O 7 d' ch M m O N • d Y c CU • WU R' O Street Capital Projects 0 d• GL - Revenue vs Expense (03/12/2018 - 01:59 PM) / . \ \| / @ 5 @| @ \ 33£ e f § \ @| - \ / @| @ 7 2 #d . 656 / % < 2 = \cl § \ d| \ \ \| 7 7 /a q ccc o % $ / 7 \ \| 00 \ / @| 7 - / /c cca $ \ \ E \@@ © © co) e caa d © \ E \ © © r \ Park Capital Projects GL - Revenue vs Expense (03/12/2018 - 01:59 PM) YTD Balance Current Period Account Number 0 0l o) 0 0 O O O p O l\ 00 I N. O 00 0 N d N M 0O 00 ) C O oc;60 O N r N 0) O O C Tax Increment O C4 GL - Revenue vs Expense (03/12/2018 - 01:59 PM) 1) bA W CI) N CD P4 U of 1 o oI o O 0 cy.0�--I O N O O ct O O jy d• O Rt 00 M Current Period et II-, O O ) O eZ O O O O O ,:t O O 7 60 O O 00 M r. N N N O I N O OO) O N -- O p O N IceN N p I N O O I O N O OOON ON O ON ON N N Ocp O — 00 O p I O O O O O O O O O M O— N cn a) 00, a) N 40 0U -0 O a.) V p P4 00 ad va N = O 0 6) N4 H ci C E ;,u" a 4)Z w) a ,,• _ 4 0. ,4 k AG4 0 g WOO W Development GL - Revenue vs Expense (03/12/2018 - 01:59 PM) U O p( O O p I O O O p O O p O O U Ci • pl o 0 pl 0 0 O O o 0 0 O O opl 0p 0 0 0 0 0 0 0 0 0 p pl p pl 0 0 0 0 0 0 0 0 0 U 0 O 00 0 w 1-40 0) b bD v 0) Housing Redevelopment GL - Revenue vs Expense (03/12/2018 - 01:59 PM) c4 c3 Ct H Current Period z 0 0 0 0 0 0 l 0 0 0 0 0 O o o O O 0 0 Op ( 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 000l 0 00 0 0 o o of 0 o I 0 0 o o O O 0 0 O O 0 0 pO l 0 0 0 0 0 0 o 0 0 0 0 0 up 0 cq O 0 O U -0 N 0ai 0 U ti 0 Ce Z bA T N cd qq U N d > 5 au r~ d cu Gr., 0 ri co C. 5 0 A 4, a) N 4. a) N y d d x � ,. > a,. 'a a FaH o a woo w TIF District No. 1-2 71-1 d' GL - Revenue vs Expense (03/12/2018 - 01:59 PM) end/Collect Current Period CDCl O 0.- r O I 0 O V7 M O d1, X0 71- CD 0 00) N O V) \D N r -O O e0-1 M 0 0 N OI b 0fid'0 OI N iv) O r+� O (.1 co MO O d' 7 0000 000 '004 N c H '-+ vO00 Cfl N 0 M u] 00'00 s4O l� M O rl 7 14) N N - 0 M 000N 0 O 000 �vD0 0 V VI p I O V? V) 071- Ni N V 0 VI O v 0 0 M 000 ,, M M V1 aT 7 .--i M 7t0 .,71.- H r+ m 7 N Ocn O of ac1�0Q 0 eo�^+d, 0 0 V 0 000 �-+ VO N 0 N 0000 V M N N V� -0 N vi m 00 vi .� 0.0 ,-, ,-4' 00_0 0 O 0 M co N 00I o 0000 O M \000 o0O0 00 \C 0 0 0) 0 U bb N 0 U...o°4 h i+ LJ N O ..U. 0 t/] 0) d C". e. Qi bA U c" -,d$.1 U 4) a) ��.O a) � .y CA C'/DC: 1-) CA: �_i U c/a,+bA bNit d d O -a% i. y u A, C44 c.) CD C4 W GOOUQ W 00 00 XQ 3v' r. Y 1.1 00 a) 8 co on o C ON ONz71_ -g 177 cd 0 N 0i . 0 V N N a s LI Q 0 0 GL - Revenue vs Expense (03/12/2018 - 01:59 PM) $ Q00 4 \\00Q 0 7 = ca/3 2 /m\aa w § f ) $ 0) 5\\E) CO /\\@5| / 7 RS /\d ƒ\/\6 \ 7.-4 2- 9 \/ 7 q YTD Balance \ \ Account Numbe 70c04 Q 3886@ 4 00 0 N fl \ « w \ 3 a y 4 @2\CD.@ @ \\5@| 4 N. o m 00CA } 00 NO N / « 2 00 a ¥ C 00 0000 I 0 000000 0 0900 R Rcccg = _ 0V0d m «3366 G © \\ 7E\f © 0» © V 3 3 0 Q ( \ t A0 ® *z\) L.) \ '\ / \ \ J. / ® •)') '3 0 & % 888(0 00 >0- mpm/•e = 0) §§E&g\ ( ((�§/2 ) /t)/•§ƒ t 2f\/ »/ 2 (t ,..0 ..7 g k=zoeo k § Storm Water } GL - Revenue vs Expense (03/12/2018 - 01:59 PM) end/Collect ^d 0 Pa Ci a .zi Wo ,4 it a� ,s4 co co .0 N O 0 el ON S --I y 1 Z 0 ' U UOS CCh ON en en., O O 0 I O O O OO I 0 0 O O 0 O 0 0 0 O O O 000 0000 0 0 0 0 0 I O 0 0 0 O O O 00 0 0 0 00 0l 0 00 0 0 000 0 0 O O O I O O O OO I O O O O O O 0 0 0 0 O O 000 000 000 0I 0 0 0 000 0 0 0 c6 N ou O a Cor' U -0 • 0 0 R • 00 v, 0 •j v, T ty • ccdd lj > o a A a) ti = C. 0 En c,3 c4 R3� O 'Ci CO N U M N d o t .y b d 'o _444gH O AWO0O W GL - Revenue vs Expense (03/12/2018 - 01:59 PM) co rn o r" .0 0° CD °O o �N oNN -5 0 71 c1 M CA 0 a43 �0 0G� is o 0 0 y au 0 c Baas YTD Balance Current Period 0 O U a) GL - Revenue vs Expense (03/12/2018 - 01:59 PM) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date March 27, 2018 ITEM NUMBER _Street Sweeping Quotes STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff received a quote from Mike McPhillips, Inc. Similar to last year, staff did not solicit addi- tional quotes as Mike McPhillips has been the only company that consistently meets the City's expectations in terms of quality of sweep and attention to detail. Staff will solicit additional quotes if the Council would like. OPTIONS: Approval of Mike McPhillips, Inc. completing the annual street sweepings or direct staff to get additional quotes. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves contracting with Mike McPhillips, Inc. to perform the 2018 spring and fall street sweeping as presented. COUNCIL ACTION: City of Lauderdale 1891 Walnut Street • Lauderdale * Minnesota 55113 Phone: 651.792.7650 Fax: 651.631:2066 March 19,2018 The City of Lauderdale is requesting a quote for the following work: • In the spring, sweep all city streets, alleys, and city -owned parking lots. • In the fall, sweep all city streets, alleys, city -owned parking lots, and two county roads: Eustis Street from Roselawn Avenue to Larpenteur Avenue and Roselawn Avenue from the TH280 sound wall to Fulham Street. • This is approximately 5.5 miles of streets, • Timing of the sweeps will be coordinated by the Public Works Coordinator. The fall sweeping is expected to occur after the vast majority of the leaves have fallen. PROCEDURE 1. First day of sweeping must be a Tuesday, Wednesday, or Thursday. No street sweeping shall be done on Mondays (city-wide garbage and recycling collection day). 2. Day 1: sweep streets curb to curb and all, paved surfaces of the alleys/parking lots. 3. Day 2: clean up remaining areas not swept. 4. All sweepings must be hauled away at contractor's expense. CITY TO PROVIDE 1. Posting of "no parking" street signs. 2. Street map of Lauderdale. 3. Daily supervision of areas to be swept, 4. Space to park sweeper overnight at city garage. CONTRACTOR TO PROVIDE 1. Hydrants for water are available. Contractor must make arrangement with St. Paul Regional Water to purchase the water (they own the local water utility). 2, Affidavit of insurance — prior to start date. 3. Agree to the terins of the City's Service Agreement. 4. NEW: Estimate of yards of material hauled away. Please return the quote by Friday, March 23, 2018. The City reserves the right to accept or reject quotes for any reason. Company Name Mike McPhillips , Inc. Company Contact Michael Edge - Address' 825 Concord Street North City South St. Paul State MN - Zip 55075 Phone 6514451-4030 Fax :651-451-4015 Email mike@mcphillipsinc.com Type of Sweeper and Dump Trucks Used Elgin Pelican sweepers, International & Peterbilt, Dump Trucks Total not to exceed (including labor): $ 7.875 .00 Cost per additional sweeping, if requested by the City (Hourly rate): $ 90.00 Signature: cc. Date: 3/19/7018 CONTACT: David Hinrichs, Public Works Coordinator: 7:00 a.m. - 3:00 p.m., Monday - Friday. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date March 27, 2018 ITEM NUMBER Audit Presentation STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Andrew Berg of Abdo, Eick, and Meyers will be at the meeting to present the 2017 audited financials. Bound materials are included in your folders. Let staff know if you would like • an electronic version for your records. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date March 27, 2018 ITEM NUMBER Post -Issuance Compliance STAFF INITIAL -11 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Post -Issuance Debt Compliance Policy discussed at the last meeting is ready for adop- tion. OPTIONS: STAFF RECOMMENDATION: Motion to adopt Post -Issuance Debt Compliance Policy as presented. COUNCIL ACTION: City of Lauderdale, Minnesota Post -Issuance Debt Compliance Policy The City Council (the "Council") of the City of Lauderdale, Minnesota (the "City") has chosen, by policy, to take steps to help ensure that all obligations will be in compliance with all applicable federal regulations. This policy may be amended, as necessary, in the future. Background The Internal Revenue Service (IRS) is responsible for enforcing compliance with the Internal Revenue Code (the "Code") and regulations promulgated thereunder ("Treasury Regulations") governing certain obligations (for example: tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various "Tax Credit" Bonds). The IRS encourages issuers and beneficiaries of these obligations to adopt and implement a post -issuance debt compliance policy and procedures to safeguard against post -issuance violations. Post -Issuance Debt Compliance Policy Objective The City desires to monitor these obligations to ensure compliance with the Code and Treasury Regulations. To help ensure compliance, the City has developed the following policy (the "Post -Issuance Debt Compliance Policy"). The Post -Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form of debt that is subject to compliance. Post -Issuance Debt Compliance Policy The City Administrator of the City is designated as the City's agent who is responsible for post -issuance compliance of these obligations. The City Administrator shall assemble all relevant documentation, records and activities required to ensure post -issuance debt compliance as further detailed in corresponding procedures (the "Post -Issuance Debt Compliance Procedures"). At a minimum, the Post - Issuance Debt Compliance Procedures for each qualifying obligation will address the following: 1. General post -issuance compliance; 2. Proper and timely use of obligation proceeds and obligation -financed property; 3. Arbitrage yield restriction and rebate; 4. Timely filings and other general requirements; 5. Additional undertakings or activities that support points 1 through 4 above; 6. Maintenance of proper records related to the obligations and the investment of proceeds of obligations; 7. Other requirements that become necessary in the future. The City Administrator shall apply the Post -Issuance Debt Compliance Procedures to each qualifying obligation and maintain a record of the results. Further, the City Administrator will ensure that the Post -Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. The City Administrator or any other individuals responsible for assisting the City Administrator in maintaining records needed to ensure post -issuance debt compliance, are authorized to expend funds as needed to attend training or secure use of other educational resources for ensuring compliance such as consulting, publications, and compliance assistance. Most of the provisions of this Post -Issuance Debt Compliance Policy are not applicable to taxable governmental obligations unless there is a reasonable possibility that the City may refund their taxable governmental obligation, in whole or in part, with the proceeds of a tax-exempt governmental obligation. If this refunding possibility exists, then the City Administrator shall treat the taxable governmental obligation as if such issue were an issue of tax-exempt governmental obligations and comply with the requirements of this Post - Issuance Debt Compliance Policy. Private Activity Bonds The City may issue tax-exempt obligations that are "private activity" bonds because either (1) the bonds finance a facility that is owned by the City but used by one or more qualified 501(c)(3) organizations, or (2) the bonds are so-called "conduit bonds", where the proceeds are loaned to a qualified 501(c)(3) organization or another private entity that finances activities eligible for tax-exempt financing under federal law (such as certain manufacturing projects and certain affordable housing projects). Prior to the issuance of either of these types of bonds, the City Administrator shall take steps necessary to ensure that such obligations will remain in compliance with the requirements of this Post -Issuance Debt Compliance Policy. In a case where compliance activities are reasonably within the control of a private party (i.e., a 501(c)(3) organization or conduit borrower), the City Administrator may determine that all or some portion of compliance responsibilities described in this Post -Issuance Debt Compliance Policy shall be assigned to the relevant party. In the case of conduit bonds, the conduit borrower will be assigned all compliance responsibilities other than those required to be undertaken by the City under federal law. In a case where the City Administrator is concerned about the compliance ability of a private party, the City Administrator may require that a trustee or other independent third party be retained to assist with record keeping for the obligation and/or that the trustee or such third party be responsible for all or some portion of the compliance responsibilities. The City Administrator is additionally authorized to seek the advice, as necessary, of bond counsel and/or its financial advisor to ensure the City is in compliance with this Post - Issuance Debt Compliance Policy. Approved by the Lauderdale City Council on March 27, 2018. Signed: Date: Mayor Signed: Date: City Administrator -Clerk LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date March 27, 2018 ITEM NUMBER 1795 Eustis St. Phase II STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Javelin Group completed a Phase I report; the Executive Summary follows. Based on their research they are recommending a Phase II to look more in depth at a couple of items noted on pages 23-24. The cost estimate follows. OPTIONS: STAFF RECOMMENDATION: Motion to hire Javelin Group to complete a Phase II Subsurface Investigation at 1795 Eustis Street. COUNCIL ACTION: PHASE I ENVIRONMENTAL SITE ASSESSMENT uJ DC FMR. TWIN CITIES CHINESE CHRISTIAN CHURCH 1795 EUSTIS STREET LAUDERDALE, MINNESOTA 55438 PROJECT NUMBER: 2018-P0108-0110 MARCH 16, 2018 THE zIA\TELIIV GROUP REAL ESTATE DUE DILIGENCE CONSULTANTS PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT SUBJECT PROPERTY FORMER TWIN CITIES CHINESE CHRISTIAN CHURCH 1795 EUSTIS STREET LAUDERDALE, MINNESOTA 55113 JAVELIN PROJECT No. 2018-P0108-0110 PREPARED FOR CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 PREPARED BY THE JAVELIN GROUP, INC. 10125 CROSSTOWN CIRCLE, SUITE 107 EDEN PRAIRIE, MN 55344 TEL: 952 380-3668 FAX: 952 380-3669 MARCH 16, 2018 THE �IAVELIN GROUP TABLE OF CONTENTS AVELIN GROUP 1.0 INTRODUCTION 1 1.1 PURPOSE 1 1.2 SCOPE OF SERVICES 1 1.3 T IMITATIONS &ASSUMPTIONS 2 1.4 DATA GAPS 2 1.5 SPECIAL TERMS AND CONDITIONS 3 1.6 USER RELIANCE 3 1.7 USER PROVIDED INFORMATION 3 20 SITE DESCRIPTION 5 2.1 SUBJECT PROPERTY LOCATION AND T .FGAL DESCRIPTION 5 2.2 SUBJECT PROPERTY AND GENERAL VICINITY CHARACTERISTICS 5 2.3 CURRENT USE OF SUBJECT PROPERTY 5 2.4 EXISTING SITE IMPROVEMENTS 5 2.5 CURRENT USE OF ADJOINING PROPERTIES 6 3.0 PHYSICAL DESCRIPTION & SETTING 7 3.1 TOPOGRAPHY 7 3.2 SURFICTAT , SOILS 7 3.3 GEOLOGY HYDROLOGY 7 3.4 IVETLANDs 7 3.5 FLOOD ZONE 8 3.6 RADON 8 4.0 HISTORICAL LAND USE RECORDS/INTER VIEWS 9 4.1 HISTORICAL SU1Mt1IARY 9 4.2 HISTORICAL FIRE INSURANCE MAPS/PLAT MAPS 9 4.3 HISTORICAL TOPOGRAPHIC MAPS 9 4.4 AERIAL; PHOTOGRAPHS 10 4.5 CITY DIRECTORIES 10 4.6 LOCAL AGENCY RECORDS REVIEIT' 10 4.7 INTERVIEW'S 11 4.8 PREVIOUS INVESTIGATIONS/ASSESSMENTS 12 5.0 REGULATOR YDATABASE RECORDS REVIEW 13 5.1 STANDARD FEDERAL ENVIRONMENTAL RECORDS DATABASE 13 Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE i THE nil JAVELIN GROUP "Real Estate Due Diligence" 5.2 STANDARD STA 1E ENVIRONMENTAL RECORDS DATABASE 15 5.3 ADDITIONAL ENVIRONMENTAL RECORD SOURCES 17 5.4 UNMAPPABT ,F SITES 18 6.0 SUBJECT PROPERTY RECONNAISSANCE 19 6.1 SITE ACCESS 19 6.2 CURRENT FACTT .!TY OPERATIONS/NO I E I FORTHY TENANTS 19 6.3 SURFACE AREAS 19 6.4 HAZARDOUS SUBSTANCES AND PETROT.FUMPRODUCTS CONTAINERS 19 6.5 UNIDENTIFIED SUBSTANCE CONTAINERS 19 6.6 STORAGE TANKS 20 6.7 ODORS 20 6.8 Pools OF T .TpUID 20 6.9 DRUMS 20 6.10 POLYCHLORINA I ED BIPHENYLS (PCBs) 21 6.11 ASBESTOS -CONTAINING B DILDING MATERIALS (ACBMs) 21 6.12 PITS, PONDS OR LAGOONS 21 6.13 STAINED SOIL, PAVEMENT OR FLOORS 21 6.14 STRESSED VEGETATION 21 6.15 SOLID WASTE DUMPING OR SUSPECT FILL MnAERIAL 22 6.16 DRAINS, SUMPS AND IVASTEVATER DISCHARGE 22 6.17 I -VET .L S 22 6.18 SEPTIC SYSTEMS 22 Z0 CONCLUSIONS AND RECOMMENDATIONS 23 7.1 FINDINGS, OPINIONS CONCLUSIONS 23 7.2 RECOMMENDATIONS 24 8.0 ENVIRONMENTAL PROFESSIONAL SIGNATURES 25 APPENDICES APPENDIX A: FIGURES APPENDIX B: HISTORIC AERIAL PHOTOGRAPHS APPENDIX C: REGULATORY DATABASE REPORT APPENDIX D: PHOTOGRAPHIC DOCUMENTATION APPENDIX E: ENVIRONMENTAL PROFESSIONAL QUALIFICATIONS Phase 1 Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 11 EXECUTIVE SUMMARY THE g JAVELIN GROUP The Javelin Group, Inc. (JAVELIN) was authorized by the City of Lauderdale to perform a Phase I Environmental Site Assessment (ESA) of the subject property, known as the former Twin Cities Chinese Christian Church Site, located at 1795 Eustis Street in the city of Lauderdale, Ramsey County, Minnesota. This Phase I Environmental Site Assessment was conducted in general accordance with the requirements of ASTM E 1527-13 "STANDARD PRACTICE FOR ENVIRONMENTAL SITE ASSESSMENTS: PHASE I ENVIRONMENTAL SITE ASSESSMENT PROCESS". The purpose of this ESA was to qualify for LANDOWNER LIABILITY PROTECTIONS (LLPs) to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, i.e. Superfund) liability, and to identify any RECOGNIZED ENVIRONMENTAL CONDITIONS (RECS) associated with the subject property. The Phase I ESA is intended to permit a User to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the "landowner liability protections" or "LLPs"): that is, the practice that constitutes "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined at 40 CFR Part 312. SUBJECT PROPERTY DESCRIPTION The subject property is comprised of an approximately 1.69 -acre irregular-shaped parcel occupied by a one-story + basement 24,183 SF commercial building. Paved driveways and parking areas are located on the west side of the site building. The site building is currently vacant. SUBJECT PROPERTY HISTORY Review of historical records identified that the subject property was first developed in the 1910s and occupied by the Lauderdale School. In 1936, the subject property was redeveloped with the existing commercial building and continued to be occupied by the Lauderdale School until the 1960s. From the 1960s to approximately 2015, the subject property was occupied by the Twin Cities Chinese Christian Church. The site building is currently vacant. FINDINGS, OPINIONS & CONCLUSIONS Javelin has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 of the subject property, known as the former Twin Cities Chinese Christian Church Site, located at 1795 Eustis Street in the City of Lauderdale, Ramsey County, Minnesota. Any exceptions to, or deletions from, this practice are described in Section 1.4 of this report. 'HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS The ASTM E1527-13 standard defines the term "Historical Recognized Environmental Conditions (HRECs)" as "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE Ill THE g JAVELIN GROUP `Real Estate Due Diligence" of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)." ❑ This assessment has revealed no evidence of HRECs in connection with the subject property. RECOGNIZED ENVIRONMENTAL CONDITIONS The ASTM E1527-13 standard defines the term Recognized Environmental Conditions (RECs) as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." ❑ This assessment has revealed no evidence of RECs in connection with the subject property with the exception of the following: Former Fuel Oil Underground Storage Tank (UST) - The TCCC Church site (1795 Eustis Street) had a reported release of fuel oil during removal of a fuel oil UST on September 3, 1997. After a remedial investigation and thermal soil treatments were completed, the MPCA issued a site dosure letter on June 27, 2000. Although the site has been closed by the MPCA, residual petroleum soil contamination likely remains that will require special handling and disposal if encountered during redevelopment activities. In addition, the petroleum release represents the potential for vapor intrusion into site structures. CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS (CRECs) The ASTM E1527-13 standard defines the term Controlled Recognized Environmental Conditions (CRECs) as "a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)." ❑ This assessment has revealed no evidence of CRECs in connection with the subject property. ITEMS OF BUSINESS ENVIRONMENTAL RISK Items of business environmental risk refer to potential environmental concerns that are not classified as recognised environmental conditions, but may have a material environmental impact on the business associated with the current or planned use of the subject property. ❑ The following items of potential business environmental risk were identified during this assessment: Onsite Incinerator — During site reconnaissance, JAVELIN identified a trash incinerator in the basement of the site building. The incinerator ash may contain contaminants that will require landfill disposal. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE iV THE g JAVELIN GROUP `Real Estate Due Diligence" Asbestos -Containing Building Materials (ACBMs) - Javelin conducted a pre - demolition Asbestos/Hazmat Survey of the site building that identified asbestos - containing materials that will require removal by a licensed asbestos abatement contractor prior to demolition of the site structure. In addition, Javelin identified regulated or special wastes that will require disposal or recycling prior to demolition activities. The results of the pre -demolition asbestos/Hazmat survey are provided in a separate report. DE MINIMIS CONDITIONS The ASTM E1527-13 standard defines the term de minimis conditions as "a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." u This assessment identified no de minimis conditions in connection with the subject property. RECOMMENDATIONS Based on the conclusions of this Phase I Environmental' Site Assessment, JAVELIN recommends the following: ❑ Conduct a Phase II Subsurface Investigation to determine the extent and magnitude of any residual petroleum contamination associated with the former fuel oil UST release and determine the potential for elevated soil vapors that could impact future development. ❑ Prior to building demolition, identified asbestos -containing materials must be removed by a licensed asbestos abatement contractor and identified regulated wastes/special wastes must be removed and/or recycled in accordance with applicable regulations. Residual ash in the incinerator will require testing to determine appropriate disposal options. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE V 1.0 INTRODUCTION THE g JAVELIN GROUP The Javelin Group, Inc. (Javelin) was authorized by City of Lauderdale to perform a Phase I Environmental Site Assessment (ESA) of the subject property, known as the Twin Cities Chinese Christian Church site, located at 1.795 Eustis Street in the city of Lauderdale, Ramsey County, Minnesota. The subject property location is depicted on Figure 1 - Site Location Map in Appendix A of this report. 1.1 PURPOSE The purpose of this Phase I Environmental Site Assessment (Phase I ESA) is to identify, to the extent feasible, recognized environmental conditions associated with the subject property as defined by the American Society for Testing -and Materials (ASTM) Standard Practice E1527-13. The term recognised environmental conditions is defined by ASTM "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment". De minimis conditions are not recognised environmental conditions. ASTM E1527-13 also defines the term controlled recogni<ed environmental conditions as "a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)." The Phase I ESA is intended to permit a User to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the "landowner liability protections" or "LLPs"): that is, the practice that constitutes "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined at 40 CFR Part 312. 1.2 SCOPE OF SERVICES This Phase I Environmental Site Assessment was conducted in general accordance with the requirements of ASTM E 1527-13 "STANDARD PRACTICE FOR ENVIRONMENTAL SITE ASSESSMENTS: PHASE I ENVIRONMENTAL SIM ASSESSMENT PROCESS". The Phase I Environmental Site Assessment for the subject property included the following tasks: ❑ Review of federal, state and local regulatory databases to help identify recogni<ed environmental conditions associated with the subject property. ❑ Review of historic documents including historic aerial photographs, city directories and historic maps, as readily available. ❑ Review of municipal records including building permits, fire department records, and other historical records readily available. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 1 THE g JAVELIN GROUP `Real Estate Due Diligence" ❑ Site reconnaissance to visually and physically observe the subject property and associated improvements for indications of recognised environmental conditions. ❑ Interviews with owners and local government officials regarding current and historic uses of the subject property and indications of recognir<ed environmental conditions. ❑ Preparation of a Phase I Environmental Site Assessment report documenting the findings and presenting opinions and conclusions regarding known or suspect environmental conditions. 1.3 LIMITATIONS & ASSUMPTIONS The following significant assumptions were relied on for this Phase I Environmental Site Assessment: ❑ Groundwater Flow Direction — The direction of groundwater flow in the area of the subject property was inferred based on observations of surface topography, proximity of nearby surface water bodies, and review of geological references. However , site-specific groundwater flow conditions may be impacted by geologic anomalies, utility trenches, nearby wells or sumps, local drainage patterns or other factors. ❑ Unidentifiable Conditions — This assessment follows the methodologies set forth in the ASTM Standard E 1527-13 protocol. Information obtained from records reviews, interviews and visual observations is assumed reliable. There is a possibility that even with adherence to these methodologies, unidentifiable conditions may exist on the subject property that could not be identified within the scope of the assessment or that were not reasonably identifiable from readily available information. 1.4 DATA GAPS ASTM E1527-13 defines a data gap as the "lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information. The following summarizes data gaps, if any, identified during the site assessment: ❑ Access Limitations — None ❑ Physical Obstructions to Visual Observations — Approximately four inches of snow covered unplowed exterior surfaces of the subject property during site reconnaissance. ❑ Limiting Weather Conditions — None ❑ Standard Historical Source Data Failure — None ❑ Outstanding FOIA Requests - None Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 2 THE g JAVELIN GROUP `Real Estate Due Diligence" 1.5 SPECIAL TERMS AND CONDITIONS ❑ Authorization — JAVELIN was authorized by the City of Lauderdale on January 26, 2018 to perform this Phase I Environmental Site Assessment. This ESA is being performed as part of the due diligence requirements for the financing of the subject property. ❑ Right of Entry — Location and' site map, right of entry and description of the subject property was provided by the City of Lauderdale (subject property owner). 1.6 USER RELIANCE This Phase I Environmental Site Assessment was prepared exclusively for the use or benefit of those listed on the Title page of this report. Reliance or use by any other third party without explicit written authorization from JAVET IN will be at the third party's own risk. No warranties or representations, expressed or implied, are made to any such third party. 1.7 USER PROVIDED INFORMATION As defined by ASTM, the User is the party seeking to use ASTM Standard Practice E 1527- 13 to complete an environmental site assessment and may include, without limitations, a potential purchaser, tenant, owner, lender, or a property manager. In order to qualify for landowner liability protections to CERCLA liability, the "All Appropriate Inquiries" Final Rule (40 CFR Part 312) requires certain tasks outlined below be completed by the User. Pursuant to ASTM 1527-13, JAVELIN provided a User Questionnaire to assist the User in providing information that may be material to identifying recognized environmental conditions. For the purposes of this Phase I Environmental Site Assessment report, the User is identified as follows: ❑ City of Lauderdale 1.7.1 REVIEW TITLE AND JUDICIAL RECORDS FOR ENVIRONMENTAL LIENS AND ACTIVITY AND USE LIMITATIONS (AULS) In accordance with ASTM E1527-13, JAVELIN requested from the User the results of the review of title and/or judicial records for environmental liens or activity and use restrictions filed or recorded against the subject property. ❑ At the direction of the client, a title search was not included as part of the scope of services. Unless notified otherwise, we assume that the client is evaluating this information outside the context of this report. 1.7.2 ENVIRONMENTAL LIENS AND ACTIVITY AND USE LIMITATIONS (AULs) In accordance with ASTM E1527-13, JAVELIN requested from the User any knowledge of activity and use limitations that are in place or filed or recorded against the subject property. ❑ The User was not aware of any environmental liens or activity and use limitations affecting the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 3 THE g JAVELIN GROUP `Real Estate Dire Diligence" 1.7.3 SPECIALIZED KNOWLEDGE OR EXPERIENCE OF THE USER In accordance with ASTM E1527-13, JAVELIN requested from the User any specialized knowledge or experience of the User that is material to RECs associated with the subject property. ❑ The User indicated no specialized knowledge or experience regarding environmental conditions with regard to the subject property. 1.7.4 VALUATION REDUCTION FOR ENVIRONMENTAL ISSUES In accordance with ASTM E1527-13, JAVELIN requested from the User any knowledge or awareness of information that would indicate any reduction in purchase price or fair market value of the subject property due to environmental contamination. ❑ The User indicated they are not aware of property values being reduced due to the presence of environmental contamination. 1.7.5 COMMONLY KNOWN OR REASONABLY ASCERTAINABLE INFORMATION In accordance with ASTM E1527-13, JAVELIN requested from the User any commonly known or reasonably ascertainable information within the local community that is material to recognized environmental conditions associated with the subject property. ❑ The User was not aware of commonly known or reasonable ascertainable information material to recognized environmental conditions associated with the subject property or nearby properties. 1.7.6 OBVIOUS INDICATORS OF CONTAMINATION In accordance with ASTM E1527-13, JAVELIN requested from the User any knowledge or experience related to the subject property that there are obvious indicators that point to the presence of a release. Cl The User is not aware of any obvious indicators that point to the presence of a release. 1.7.7 OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION The following information was provided to JAVELIN: ❑ PROPERTY OWNER: City of Lauderdale ❑ KEY SITE MANAGER: Ms. Heather Butkowski — City of Lauderdale Administrator ❑ BUILDING OCCUPANTS: Vacant Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 4 2.0 SITE DESCRIPTION THE g JAVELIN GROUP 2.1 SUBJECT PROPERTY LOCATION AND LEGAL DESCRIPTION The subject property is located at the southwest corner of the intersection of Eustis Street and Spring Street in the City of Lauderdale, Ramsey County, Minnesota. The Property Identification Number and legal description for the subject property parcel are as follows: PROPERTY INFORMATION PARCEL ADDRESS: 1795 Eustis Street, Lauderdale, Minnesota 55113 PARCEL IDENTIFICATION NUMBER (PID): 172923330001 LAND ACREAGE: 1.69 CURRENT OWNERSHIP: City of Lauderdale PARTIAL LEGAL DESCRIPTION: SUBJ TO ESMTS & VAC ALLEY ACCRUING LYING BET EXT SL OF LOT 6 & EX NL OF LOT 1 & ALL OF LOTS 1 THRU 6 & 23 THRU LOT 30 BLK 10 LAUDERDALES EAST SIDE ADDITION II The subject property is located in the NE 1/4 of the NE 1/4 of the SW 1/4 of Section 17 Township 29 North, Range 23 West as depicted on the Saint Paul West, MN USGS (2013) 7.5 -minute series topographic map provided as Figure 1 - Site Location Map in Appendix A. 2.2 SUBJECT PROPERTY AND GENERAL VICINITY CHARACTERISTICS The subject property is located in a single-family residential district of the City of Lauderdale. East -Adjoining Eustis Street and north -adjoining Spring Street provide local street access to the subject property. Regional access is provided by State Highway 280, located approximately 0.12 mile west of the subject property. 2.3 CURRENT USE OF SUBJECT PROPERTY The subject property is currently occupied by a vacant former school building most recently utilized by the Twin Cities Chinese Christian Church. The remainder of the subject property is comprised of driveways, parking lots, and landscaped areas. 2.4 EXISTING SITE IMPROVEMENTS The subject property is developed with one (1), vacant commercial building. A general site plan of the subject property is provided as Figure 2 in Appendix A. EXISTING SITE IMPROVEMENTS DEVELOPMENT TYPE: Commercial NUMBER OF BUILDINGS: 1 NUMBER OF FLOORS: 2 + basement DATE OF CONSTRUCTION: 1936 OTHER IMPROVEMENTS: Paved driveways and parking lots CURRENT TENANTS: Vacant DOMESTIC WATER SOURCE: City of Lauderdale SANITARY SEWER SERVICE: City of Lauderdale ELECTRIC SERVICE: CenterPoint Energy NATURAL GAS SERVICE: Xcel Energy Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 5 JAVELIN GROUP `Real Estate Due Diligence" 2.5 CURRENT USE OF ADJOINING PROPERTIES Adjoining properties were observed to determine the current land use and assess the potential for RECs that may impact the subject property. Visual reconnaissance of adjoining properties was limited to areas readily observable from the subject property or from public right-of-ways. Properties adjoining the subject property are described below: CURRENT USE OF ADJOINING PROPERTIES NORTH: Spring Street followed by single-family residential properties EAST: Eustis Street followed by single-family residential properties SOUTH: Single-family residential properties WEST: Malvern Street followed by single-family residential properties No current activities were observed on adjoining properties that appeared likely to impact the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 6 3.0 PHYSICAL DESCRIPTION & SETTING THE g JAVELIN GROUP 3.1 TOPOGRAPHY Review of the UNITED STATES GEOLOGICAL SURVEY 7.5 -MINUTE TOPOGRAPHIC MAP, SAINT PAUL WEST, MN QUADRANGLE, dated 2013, indicated the following: ❑ The subject property is located in the NE 1/4 of the NE 1/4 of the SW 1/4 Section 17 Township 29 North, Range 23 West. ❑ Observation of contour lines on the topographic map indicates the subject. property elevation ranges from 960 — 970 feet above mean sea level from the northwest to the east side of the site. 3.2 SURFICIAL SOILS Review of the MINNESOTA GEOLOGICAL SURVEY, GEOLOGIC ATLAS OF RAMSEY COUNTY, MINNESOTA - COUNTY ATLAS SERIES (ATLAS C-7), PLATE 3 OF 10 dated 1992 indicated the following: ❑ The subject property is underlain by buried coarse meltwater stream sediment associated with the Superior Lobe of the Pleistocene age Wisconsin Glaciation. 3.3 GEOLOGY/HYDROLOGY Review of the MINNESOTA GEOLOGICAL SURVEY, GEOLOGIC ATLAS OF RAMSEY COUNTY, MINNESOTA - COUNTY ATLAS SERIES (ATLAS C-7), PLATE 3 OF 10 dated 1992 indicated the following: ❑ The uppermost bedrock formation underlying the subject property is the Middle Ordovician Decorah Shale, a green calcareous shale with thin limestone interbeds. ❑ The depth to groundwater in the area of the subject property is variable. Water levels in nearby monitoring and domestic wells varied from approximately 10 to 100 feet below surface grade. u The general surficial ground water flow direction near the subject property is expected to be southwest towards the Mississippi River. 3.4 WETLANDS Review of the U.S. Department of the Interior National Wetlands Inventory Geotract Mapping System Map, indicated the following: u No wetlands were identified on the subject property. Confirmation of wetlands on the subject property would require additional research and/or field delineation, which is outside the scope of this assessment. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 7 THE g JAVELIN GROUP `Real Estate Due Diligence" 3.5 FLOOD ZONE The HENNEPIN COUNTY FEMA FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 27123C0080G dated June 4, 2010, indicated the following: ❑ The subject property is located within Zone X, defined as an area outside the 500 - year floodplain. Confirmation of floodplain status would require additional research and/or field survey, which is outside the scope of this assessment. 3.6 RADON Review of the EPA and Minnesota Department of Health Radon Web pages indicated the following: ❑ The subject property is located within EPA Radon Zone 1. The expected average indoor radon concentration of Radon Zone 1 is greater than 4 pCi/L, which exceeds the EPA Guidance Level of 4 pCi/L. Radon testing would be required to document site radon gas concentrations. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 8 4.0 HISTORICAL LAND USE RECORDS/INTERVIEWS THE JAVELIN GROUP 4.1 HISTORICAL SUMMARY Review of historical records identified that the subject property was first developed in the 1910s and occupied by the Lauderdale School. In 1936, the subject property was redeveloped with the existing commercial building and continued to be occupied by the Lauderdale School until the 1960s. From the 1960s to approximately 2015, the subject property was occupied by the Twin Cities Chinese Christian Church. The site building is currently vacant. - 4.2 HISTORICAL FIRE INSURANCE MAPS/PLAT MAPS The Sanborn fire insurance and plat map collection available online through the Hennepin County Library was searched for maps covering the area of the subject property. Sanborn Maps for the year 1926, revised 1951 were available to review. SANBORN/PLAT MAPS YEAR(S) DESCRIPTION/USE 1926, revised 1951 The subject property is depicted as the Lauderdale Public School located southwest of the intersection of Eustis and Spring Streets. With the exception of a building labeled "store" on the north -adjoining property at 1601 Eustis Street, the adjoining properties and surrounding properties beyond are comprised of single-family residential dwellings. 4.3 HISTORICAL TOPOGRAPHIC MAPS The topographic collection available online was reviewed for maps covering the area of the subject property. Topographic map coverage for the subject property was available for the years 1896-1993. HISTORIC TOPOGRAPHIC MAPS YEAR(s) DESCRIPTION/USE 1896-1947 The subject property is depicted as developed with one structure and is bound on the north and east by Spring Street and Eustis Street, respectively. Structures are shown to the north of the subject property. A railroad is depicted lying to the west of the subject property in the approximate location of present-day State Highway 280. 1953-1966 The subject property is shown located within the City of Lauderdale in an area shaded a salmon color on the map, indicating dense urban development. A symbol denoting a school is shown on the subject property. With the exception of two churches, no structures are shown on the adjoining properties and surrounding areas. 1969-1993 The subject property and adjoining properties appear to be largely unchanged from the previous map. Interstate Highway 280 is depicted approximately 0.12 miles west of the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 9 THE. gl JAVELIN GROUP `Real Estate Due Diligence" 4.4 AERIAL PHOTOGRAPHS Aerial photographs covering the area, of the subject property were obtained for the years 1937, 1940, 1953, 1957, 1974, 1985, 1991, 2006, and 2017 on the U of M MHAPO and Google Earth web pages. Representative aerial photographs are provided in Appendix B. AERIAL PHOTOGRAPHS YEAR(s) YEAR(S) 1937 - 2017 The subject property appears to be developed with the existing site building. The adjoining properties and the surrounding area appears to be developed with predominantly residential properties. 4.5 CITY DIRECTORIES City Directories were searched for the area of the subject property at the Hennepin County Central Library. City directories were available for the years 1956, 1962, 1967, 1972, 1977, 1982, and 1998. CITY DIRECTORIES ADDRESS YEAR(S) DESCRIPTION/USE 1795 EUSTIS STREET 1956, 1962, City of Lauderdale Permit Application for removal of underground storage tank 1967, and Lauderdale School 1795 EUSTIS 1972 1977 Chinese Christian Fellowship STREET 1982 Chinese Christian Church 1998 Twin City Chinese Christian Church 4.6 LOCAL AGENCY RECORDS REVIEW A review of local municipal records for the subject property included zoning, building inspection, and fire department files. 4.6.1 ZONING DEPARTMENT Review of the municipal zoning map identified the following zoning information: u The subject property is located in an R-1 —Suburban Residential zoning district in the City of Lauderdale. 4.6.2 BUILDING INSPECTION DEPARTMENT Building permit records for the subject property were reviewed at the City of Lauderdale Building Department. Below is a summary of building permit file information for the subject property. BUILDING PERMIT RECORDS ADDRESS DATE DESCRIPTION/USE 1795 EUSTIS STREET June 24, 1997 City of Lauderdale Permit Application for removal of underground storage tank Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 10 THE JAVELIN GROUP `Real Estate Due Diligence" 4.6.3 -FIRE DEPARTMENT JAVELIN contacted the Falcon Heights Fire Department (FHFD) on March 13, 2018 for information pertaining to reported underground/aboveground storage tanks, chemical storage, and/or HAZMAT spills/ releases at the subject property. FHFD serves the City of Lauderdale. ❑ The FHFD did not respond to Javelin's request by the time of report completion. 4.6.4 COUNTY PROPERTY RECORD JAVELIN reviewed the online County Property Information parcel database for information regarding the subject property. The following relevant information was obtained: COUNTY PROPERTY INFORMATION PROPERTY ID: 172923330001 PROPERTY TYPE: Commercial HOMESTEAD STATUS: Non -Homestead CONSTRUCTION YEAR: 1936 OWNER NAME: City of Lauderdale 4.6.5 MINNESOTA COUNTY WELL INDEX The Minnesota Well Index (MWI) was reviewed online via the Minnesota Department of Health website. Review of the MWI database identified the following: ❑ No water well records for the subject property were identified in the MWI. 4.7 INTERVIEWS In accordance with ASTM E1527-13, interviews were conducted with property owners, operators, occupants, and regulatory officials, and other people knowledgeable about the subject property, as available. The objective of the interviews was to obtain information regarding recognized environmental conditions associated with the subject property. Summary information obtained from the interviews is provided below. 4.7.1 INTERVIEW WITH KEY SITE MANAGER/ OWNER DATE OF INTERVIEW: March 13, 2018 NAME & TITLE: Ms. Heather Butkowski — City Administrator AFFILIATION: City of Lauderdale YEARS OF ASSOCIATION: 2 TELEPHONE NUMBER: 651-792-7657 INTERVIEW SUMMARY: Ms. Butkowski indicated that the City of Lauderdale is in the process of closing on purchasing the subject property and estimated closing to occur in May 2018. She said that to her knowledge, the subject property was utilized as a school and later as a church since construction in the 1930s. Ms. Butkowski was aware of a heating oil tank, incinerator, and the presence of asbestos -containing material (ACM) on the subject property. She was unaware of any wells or septic systems on the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 11 THE gl JAVELIN GROUP `Rea/ Estate Due Diligence" 4.8 PREVIOUS INVESTIGATIONS/ASSESSMENTS JAVELIN requested copies of previous environmental reports and geotechnical investigations for review. ❑ No previous reports were available for Javelin to review. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 12 5.0 REGULATORY DATABASE RECORDS REVIEW THE 2 JAVELIN GROUP JAVELIN reviewed regulatory agency environmental records compiled by Environmental Data Resources, Inc. (EDR) to help identify recognized environmental conditions in connection with the subject property. The EDR report meets the governmental records search requirements of ASTM E 1527-013. The complete database prepared by EDR and a map depicting the location of listed sites relative to the subject property is provided in Appendix C. Results of the environmental database records review are summarized below. 5.1 STANDARD FEDERAL ENVIRONMENTAL RECORDS DATABASE NPL: NATIONAL PRIORITY LIST — The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. ❑ No NPL sites were identified on the subject property. ❑ One (1) NPL site was identified within 1.0 mile of the subject property. The Vitasyn facility (2010 East Hennepin Avenue) is located approximately 0.96 miles west- southwest of the subject property. The site is located in a down -gradient orientation with respect to estimated groundwater flow direction: Based on distance and orientation, the identified NPL site is not expected to impact the subject property. PROPOSED NPL: PROPOSED NATIONAL PRIORITY LIST SITES ❑ No PROPOSED NPL sites were identified on or within 1.0 mile of the subject property. NPL LIENS — List of filed notices of Superfund Liens u No NPL LIENS sites were identified for the subject proper DELISTED NPL: NATIONAL PRIORITY LIST DELETIONS have been deleted from the NPL where no further response is appro O No DELISTED NPL sites were identified on or within ty — Database of sites that priate. 1.0 mile of the subject property. FEDERAL FACILITY: FEDERAL CERCLIS LIST — Database of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the SEMS Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. ❑ No FEDERAL FACILITY sites were identified on or within 0.5 miles of the subject property. SEMS: SUPERFUND ENTERPRISE MANAGEMENT SYSTEM — SEMS tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA's Superfund Program. The list, formerly known as CERCLIS, contains data on potential hazardous waste sites that have been reported to the USEPA pursuant to Section 103 of CERCLA. ❑ No SEMS sites were identified on or within 0.5 miles of the subject property. SEMS -ARCHIVE: FEDERAL CERCLIS NO FURTHER REMEDIAL ACTION PLANNED (NFRAP) SITES — Sites listed on this database have been removed from SEMS. NFRAP sites may be sites where, following an initial investigation, no contamination was Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGEI3 THE nil JAVELIN GROUP "Real Estate Due Diligence" found, contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require Federal Superfund action or NPL consideration. ❑ No SEMS -ARCHIVE sites were identified on the subject property. o One (1) SEMS -ARCHIVE site was identified within 0.5 mile of the subject property. The American Excelsior facility (3101 Talmadge Avenue SE) is located approximately 0.42 miles southwest of the subject property in a hydraulically down - gradient orientation. Based on this information, the one (1) identified SEMS - ARCHIVE facility is not expected to impact the subject property. CORRACTS: CORRECTIVE ACTION REPORT — Identifies hazardous waste handlers with RCRA corrective action activity. To No CORRACTS sites were identified on the subject property. o Three (3) CORRACTS sites were identified within 1.0 mile of the subject property. The three sites are located at distances ranging from 0.70 to 0.96 miles from the subject property and in down -gradient orientations with respect to estimated groundwater flow direction. Based on distance and orientation, the three (3) identified CORRACTS sites are not expected to impact the subject property. RCRA-TSDF: RESOURCE CONSERVATION AND RECOVERY ACT - TREATMENT, STORAGE, AND DISPOSAL FACILITIES — Database on facilities that treat, store, and/or dispose of hazardous wastes. ❑ No RCRA-TSD facilities were identified on or within 0 5 miles of the subject property. RCRA-LQG: LARGE QUANTITY GENERATORS — Facilities that generate more than 1,000 Kg of hazardous waste per month, or meet other applicable requirements of RCRA. o No RCRA-LQG sites were identified on the subject property or adjoining properties. RCRA-SQG: SMALL QUANTITY GENERATORS — Facilities that generate from 100 Kg to 1,000 Kg of hazardous waste per month, or meet other applicable requirements of RCRA. to No RCRA-SQG sites were identified on or adjoining the subject property. RCRA-CESQG: CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS— Facilities that generate less than 100 Kg of hazardous waste per month, or less than 1 kg of acutely hazardous waste per month, or meet other applicable requirements of RCRA. ❑ No RCRA-CESQG sites were identified on or adjoining the subject property. RCRA-NONGEN: FACILITIES THAT PREVIOUSLY GENERATED HAZARDOUS WASTE: o No RCRA-NonGen sites were identified on or adjoining the subject property. US ENG CONTROLS: ENGINEERING CONTROLS SITES LIST — A listing of sites with engineering controls in place to mitigate identified site impacts that typically exceed unrestricted land use criteria. o No US ENG CON'T'ROLS sites were identified on or within 0.5 mile of the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church — Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE14 THE g JAVELIN GROUP `Real Estate Due Diligence" US INST CONTROLS: SITES WITH INSTITUTIONAL CONTROLS — A listing of sites with institutional controls in place to mitigate identified site impacts that typically exceed unrestricted land use criteria. ❑ No US INST CONTROLS sites were identified on or within 0.5 miles of the subject property. ERNS: EMERGENCY RESPONSE NOTIFICATION SYSTEM — Database that records and stores information on reported releases of oil and hazardous substances. ❑ No ERNS sites were identified on the subject property. 5.2 STANDARD STATE ENVIRONMENTAL RECORDS DATABASE MN PLP — Permanent List of Priorities — This list identifies priority state hazardous substance release sites where investigation and cleanup are needed, cleanup is underway, or cleanup has been completed and long-term monitoring or maintenance continues. ❑ No MN PLP sites were identified on the subject property. ❑ One (1) MN PLP site was identified within 1.0 mile of the subject property. The Clark Valentine Corporation (2575 & 2576 Doswell Avenue) is located approximately 0.92 miles south and hydraulically side to down -gradient of the subject property. Based on distance and orientation, the one (1) identified MN PLP facility is not expected to impact the subject property. SHWS: STATE HAZARDOUS WASTE SITES — State hazardous substance release site records that are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. ❑ No SHWS sites were identified on the subject property. ❑ Five (5) SHWS site was identified within 1.0 mile of the subject property. The five sites are approximately 0.34 to 1.0 miles from the subject property and located in side -gradient or down -gradient orientations with respect to estimated groundwater flow direction. Based on distance and orientation, the five (5) identified SHWS facilities are not expected to impact the subject property. SWF/LF: SOLID WASTE FACILITY INVENTORY/TRANSFER STATIONS — Inventory of solid waste disposal facilities or landfills. ❑ No SWF/LF sites were identified on the subject property. ❑ Two (2) SWF/LF sites were identified within 0.5 mile of the subject property. The two sites are located 0.43 miles south-southwest and 0.45 miles northeast of the subject property. Based on the distance of the two (2) SWF/LF sites, they are not expected to impact the subject property. UNPERM LF: UNPERMITTED LANDFILL — These are reported facilities that have solid waste disposal, yet are not permitted. ❑ No UNPERM LF sites were identified on or within 0.5 mile of the subject property. LCP: CLOSED LANDFILL PRIORITY LIST — The Minnesota Legislature enacted a law to manage and clean up the State's closed Mixed Municipal Solid Waste Landfills. Under the Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 15 THE g JAVELIN GROUP `Real Estate Due Diligence" law, the MPCA is required to create and periodically review a priority list of qualified landfills, based on the relative health and environmental risks they present. ❑ No LCP sites were identified on or within 0.5 mile of the subject property. LUST: LEAKING UNDERGROUND STORAGE TANK INCIDENT REPORTS — Inventory of reported leaking underground storage tank releases ❑ One (1) LUST site was identified on the subject property. The TCCC Church site (1795 Eustis Street) had a reported release of fuel oil during tank removal on September 3, 1997. After a remedial investigation and thermal soil treatments were completed, the MPCA closed the site on June 27, 2000. A closed status indicates that the site has been investigated and if necessary, remediated to the satisfaction of the MPCA. Although the site has been closed by the MPCA, the potential remains for residual soil contamination remaining that will require special handling and disposal if encountered during redevelopment activities and the potential for soil vapors to impact site structures. Based on this information, the TCCC Church site is considered a REC to the subject property. ❑ Twenty-two (22) LUST sites were identified within 0.5 mile of the subject property. The sites range from approximately 0.17 to 0.50 miles from the subject property and all but one of the sites are located in side -gradient or down -gradient orientations with respect to estimated groundwater flow direction. The one up -gradient facility is located approximately 0.45 miles from the subject property. All of the sites have been "closed" by the MPCA. Based on the closed statuses, along with'distances and orientations, the twenty-two (22) identified LUST sites are not expected to impact the subject property. LAST: LEAKING ABOVEGROUND STORAGE TANKS - A listing of leaking aboveground storage tanks. ❑ No LAST sites were identified on the subject property. ❑ Six (6) LAST sites were identified within 0.5 miles of the subject property. The six sites are located at distances ranging from 0.26 to 0.46 miles from the subject property and in down -gradient orientations with respect to estimated groundwater flow direction. All six sites of the sites were closed by the MPCA. Based on the closed status, distance, and orientation, the six (6) identified LAST sites are not expected to impact the subject property. UST: LISTING OF REGULATED UNDERGROUND STORAGE TANKS — Inventory of registered underground storage tanks. ❑ One (1) UST site was identified on or adjoining the subject property. The TCCC Church site (1795 Eustis Street) has one documented fuel oil UST that was reportedly removed in 1997. During the tank removal, a release was detected that resulted in a leak file being opened by the MPCA. The leak site was closed in 2000 and constitutes a REC to the subject property. ❑, No UST sites were identified adjoining the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 16 • THE g JAVELIN GROUP `Real Estate Dile Diligence" AST: LISTING OF REGULATED ABOVEGROUND STORAGE TANKS — Inventory of registered aboveground storage tanks. ❑ No AST sites were identified on or adjoining the subject property. MN INST CONTROL: LIST OF INSTITUTIONAL CONTROL SITES — Sites that have an institutional control event. ❑ No MN INST CON I ROL sites were identified on the subject property. ❑ Two (2) MN INST CON ROL site were identified within 0.5 mile of the subject property. The two sites are located approximately 0.35 miles south (side -gradient) and 0.36 miles south-southwest (down -gradient) of the subject property. Based on distance and orientation, the two (2) identified MN INST CONTROL sites are not expected to impact the subject property. VIC: VOLUNTARY INVESTIGATION AND CLEANUP PROGRAM — Voluntary Investigation and Cleanup Program list. ❑ No VIC sites were identified on the subject property. ❑ Sixteen (16) VIC sites were identified within 0.5 mile of the subject property. The sites are located at distances ranging from 0.14 to 0.48 miles from the subject property and are located in side -gradient or down -gradient orientations with respect to estimated groundwater flow direction. Based on distance and orientation, the sixteen (16) identified VIC sites are not expected to impact the subject property. BROWNFIELDS: PETROLEUM BROWNFIELDS PROGRAM SITES ❑ No BROWNFIELDS sites were identified on the subject property. ❑ Twenty-one (21) BROWNFIELDS sites were identified within 0.5 mile of the subject property. The sites are located at distances ranging from 0.18 to 0.48 miles from the subject property and .are located in side -gradient or down -gradient orientations with respect to estimated groundwater flow direction. Based on distance and orientation, the twenty-one (21) identified BROWNFIELDS sites are not expected to impact the subject property. 5.3 ADDITIONAL ENVIRONMENTAL RECORD SOURCES EDR provides information from approximately 50 additional environmental record sources that are not required by ASTM E 1527-13, and information on standard environmental record sources in which information was provided for distances beyond that required by ASTM E 1527-13. Detailed description of these databases and sites identified are included in the EDR report included in Appendix C. Review of these environmental records identified the following: ❑ No additional environmental record sources were identified that would be expected to impact the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 17 THE JAVELIN GROUP "Real Estate Due Diligence" 5.4 UNMAPPABLE SITES Unmappable sites are facilities listed on environmental databases that cannot be plotted with confidence, but can be located by ZIP code or city name. Review of the unmappable sites in the EDR report, cross-referencing addresses and site names, reveals the following: ❑ No unmappable sites were determined to be located on the subject property or adjoining properties, nor within an ASTM E 1527-13 search radius for a specific database that would be expected to impact the subject property. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 18 6.0 SUBJECT PROPERTY RECONNAISSANCE THE g JAVELIN GROUP 6.1 SITE ACCESS JAVELIN environmental professional, Mr. Brady McLean conducted a reconnaissance of the subject property on February 22, 2018. The reconnaissance consisted of observing the periphery of the subject property from accessible adjacent public thoroughfares. Interior portions of the subject property were systematically traversed to provide an overlapping field of view, wherever possible. Structures present on the property, if any, were observed along with interior accessible common areas, maintenance and HVAC areas, and a representative number of occupant spaces. Photographs were taken of significant features observed and any environmental concerns documented, where possible. Representative photographs are provided in Appendix D. 6.2 CURRENT FACILITY OPERATIONS/NOTEWORTHY TENANTS The subject property is comprised of an approximately 1.69 -acre irregular-shaped parcel occupied by a two-story + basement 24,183 SF office/warehouse commercial building. Paved .driveways and parking areas are west side of the site building. The site building is currently vacant. 6.3 SURFACE AREAS The topography of the subject property is relatively level but slopes away from the site building. ❑ No surface migration of petroleum releases or hazardous materials onto or off the subject property or adjoining properties was observed during the site reconnaissance. 6.4 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS CONTAINERS The use, treatment, storage, disposal or generation of hazardous substances and/or petroleum products identified in connection with the use of the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ Limited quantities of cleaning supplies and building maintenance products were noted in storage areas of the site building. These materials were stored properly and do not represent a significant environmental concern provided they continue to be used as designed and are handled in accordance with manufacturer's directions and acceptable practices and regulations. 6.5 UNIDENTIFIED SUBSTANCE CONTAINERS The presence of open or damaged containers containing unidentified substances suspected of being hazardous substances or petroleum products visually or physically observed or identified from interviews, is described below: Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 19 THE g JAVELIN GROUP `Real Estate Dae Diligence" o No significant open or damaged containers of unidentified substances were observed on the subject property at the time of the site reconnaissance. 6.6 STORAGE TANKS The presence of aboveground storage tanks (ASTs) or underground storage tanks (USTs) or vent pipes, fill pipes or access ways indicating underground storage tanks identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ Vent/fill piping and a tank level meter associated with the documented 4,000 -gallon fuel oil UST was observed in the basement of the site building during the site reconnaissance. The tank was reportedly removed in 1997 and a leak was detected and reported to the MPCA. After investigation and remedial actions were completed, included thermal soil treatments, the site was closed in 2000. The potential remains for residual soil and soil vapor contamination to impact the subject property. Based on this information, the former UST and closed leak site constitutes a REC to the subject property. ❑ No petroleum ASTs were identified during the site reconnaissance. 6.7 ODORS The presence of strong, pungent or noxious odors identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: o No strong, pungent or noxious odors indicative of a release of hazardous materials or petroleum products were observed on the subject property at the time of the site reconnaissance. 6.8 POOLS OF LIQUID The presence of standing pools of non -aqueous liquid identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No standing pools of liquid indicative of a release of hazardous materials or petroleum products were observed on the subject property at the time of the site reconnaissance. 6.9 DRUMS The presence of drums with capacities of 55 -gallons or greater containing hazardous substances or petroleum products identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No drums with capacities of 55 -gallons or greater containing hazardous substances or petroleum products identified on the subject property Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 20 THE g JAVELIN GROUP `Real Estate Due Diligence" 6.10 POLYCHLORINATED BIPHENYLS (PCBS) The presence of electrical or hydraulic equipment known or likely to contain PCBs identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ Two pole mounted electrical transformers were observed on the west side of the site building. No significant leaks were observed. ❑ No other electrical or hydraulic equipment known or likely to contain PCBs was identified on the subject property during site reconnaissance. 6.11 ASBESTOS -CONTAINING BUILDING MATERIALS (ACBMs) The presence of asbestos -containing building materials, to the extent visually or physically observed or identified from interviews, is described below: ❑ Javelin conducted a pre -demolition Asbestos/Hazmat Survey of the site building that identified asbestos -containing materials that will require removal by a licensed asbestos abatement contractor prior to demolition of the site structure. In addition, Javelin identified regulated or special wastes that will require disposal or recycling prior to demolition activities. The results of the pre -demolition asbestos/Hazmat survey are provided in a separate report. 6.12 PITS, PONDS OR LAGOONS The presence of pits, ponds or lagoons, particularly if associated with waste disposal or waste treatment processes, identified on the subject property or adjoining property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No pits, ponds, or lagoons associated with waste disposal or treatment processes were observed on the subject property at the time of the site reconnaissance. 6.13 STAINED SOIL, PAVEMENT OR FLOORS The presence of stained areas identified on the subject property, to the extent visually observed, is described below: ❑ No significant interior or exterior stained soil or pavement areas were observed on the subject property at the time of the site reconnaissance. However, paved driveway and parking surfaces were covered with approximately four inches of snow during site reconnaissance, obscuring direct observation of the surfaces. 6.14 STRESSED VEGETATION The presence of areas of stressed vegetation identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No chemically stressed vegetation was observed on the subject property at the time of the site reconnaissance. Winter conditions limited observations. . Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 21 THE all JAVELIN GROUP `Real Estate Due Diligence" 6.15 SOLID WASTE DUMPING OR SUSPECT FILL MATERIAL The presence of areas of solid waste dumping or suspect fill material identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No solid waste dumping or suspect fill material was observed on the subject property at the time of the site reconnaissance. Winter conditions limited observations. 6.16 DRAINS, SUMPS AND WASTEWATER DISCHARGE The presence of drains, sumps and wastewater discharges into a drain, ditch, or stream identified on or adjacent to the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ Floor drains were observed in the mechanical rooms, kitchen, and bathrooms in the site building during site reconnaissance. No significant staining was observed around the drains. ❑ No oil water separators or sumps were observed in the site building during site reconnaissance. 6.17 WELLS The presence of wells (including dry wells, irrigation wells, injection wells or abandoned wells) identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No wells were observed on the subject property at the time of the site reconnaissance. 6.18 SEPTIC SYSTEMS The presence of on-site septic systems or cesspools identified on the subject property, to the extent visually or physically observed or identified from interviews, is described below: ❑ No septic systems were observed on the subject property at the time of the site reconnaissance. Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE22 7.0 CONCLUSIONS AND RECOMMENDATIONS THE gl JAVELIN GROUP 7.1 FINDINGS, OPINIONS & CONCLUSIONS JAVELIN has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 of the subject property, known as the former Twin Cities Chinese Christian Church Site, located at 1795 Eustis Street in the city of Lauderdale, Ramsey County, Minnesota. Any exceptions to, or deletions from, this practice are described in Section 1.4 of this report. HISTORIC RECOGNIZED ENVIRONMENTAL CONDITIONS (HRECs) The ASTM E1527-13 standard defines the term "Historical Recognized Environmental Conditions (HRECs)" as "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). ❑ This assessment has revealed no evidence of HRECs in connection with the subject property. RECOGNIZED ENVIRONMENTAL CONDITIONS The ASTM E1527-13 standard defines the term Recognized Environmental Conditions (RECs) as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." ❑ This assessment has revealed no evidence of RECs in connection with the subject property with the exception of the following: Former Fuel Oil Underground Storage Tank (UST) - The TCCC Church site (1795 Eustis Street) had a reported release of fuel oil during removalof a fuel oil UST on September 3, 1997. After a remedial investigation and thermal soil treatments were completed, the MPCA issued a site 'closure letter on June 27, 2000. Although the site has been closed by the MPCA, residual petroleum soil contamination likely remains that will require special handling and disposal if encountered during redevelopment activities. In addition, the petroleum release represents the potential for vapor intrusion into site structures. CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS (CRECs) The ASTM E1527-13 standard defines the term Controlled Recognized Environmental Conditions (CRECs) as "a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls)". Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 23 THE g JAVELIN GROUP `Heal Estate Due Diligence" ❑ This assessment has revealed no evidence of CRECs in connection with the subject property. ITEMS OF BUSINESS ENVIRONMENTAL RISK Items of business environmental risk refer to potential environmental concerns that are not classified as recognised environmental conditions, but may have a material environmental impact on the business associated with the current or planned use of the subject property. ❑ The following items of potential business environmental risk were identified during this assessment: Onsite Incinerator — During site reconnaissance, JAVELIN identified a trash incinerator in the basement of the site building. The incinerator ash may contain contaminants that will require landfill disposal. Asbestos -Containing Building Materials (ACBMs) - Javelin conducted a pre - demolition Asbestos/Hazmat Survey of the site building that identified asbestos - containing materials that will require removal by a licensed asbestos abatement contractor prior to demolition of the site structure. In addition, Javelin identified regulated or special wastes that will require disposal or recycling prior to demolition activities. The results of the pre -demolition asbestos/Hazmat survey are provided in• a separate report. DE MINIMIS CONDITIONS The ASTM E1527-13 standard defines the term de minimis conditions as a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." u This assessment identified no de minimis conditions in connection with the subject property. 7.2 RECOMMENDATIONS Based on the conclusions of this Phase I Environmental Site Assessment, Javelin recommends the following: ❑ Conduct a Phase lI Subsurface Investigation to determine the extent and magnitude of any residual petroleum contamination associated with the former fuel oil UST release and determine the potential for elevated soil vapors that could impact future development. ❑ Prior to building demolition, identified asbestos -containing materials must be removed by a licensed asbestos abatement contractor and identified regulated wastes/special wastes must be removed and/or recycled in accordance with applicable regulations. Residual ash in the incinerator will require testing to determine appropriate disposal options. Phase 1 Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 24 8.0 ENVIRONMENTAL PROFESSIONAL SIGNATURES THE g JAVELIN GROUP An environmental professional conducted this Phase I Environmental Site Assessment in accordance with ASTM E 1527-13. We declare that, to the best of our professional knowledge and belief, we meet the definition of environmental professional as defined in § 312.10 of 40 CFR 312; and, we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property (Appendix E). We have developed and performed the all -appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. The services performed by JAVELIN on this project have been conducted with that level of care and skill ordinarily exercised by reputable members of the profession, practicing in the same locality, under similar budget and time constraints. No other warranty is expressed or intended. PREPARED BY: THE JAVELIN GROUP, INC. BRAD CORDOVA ENVIRONMENTAL SPECIALIST JOHN E. FINDLEY, M.S. PRINCIPAL ENVIRONMENTAL PROFESSIONAL Phase I Environmental Site Assessment Former Twin Cities Chinese Christian Church - Lauderdale, Minnesota Javelin Project Number: 2018-P0108-0110 PAGE 25 10125 Crosstown Circle, Suite 107 Eden Prairie, MN 55344 Tel: 952 380-3668 Fax: 952 380-3669 jfindley@thejavelingroupinc.com PROPOSAL THE JAVELIN GROUP, INC. To: Ms. Heather Butkowski — City Administrator From: Mr. John Findley City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 The Javelin Group, Inc. Fax: Pages: 3 Phone: Date: March 23, 2018 Re: PROPOSAL NO. P2018 -0108A LIMITED PHASE II ASSESSMENT Twin Cities Chinese Church Lauderdale, MN PROJECT SCOPE: Conduct a Limited Phase II Environmental Assessment to assess for residual soil contamination and the presence of soil vapors associated with the former fuel oil underground storage tank for redevelopment activities. The scope of work includes the advancement of 2 soil borings to 12 feet at the location of the former UST for the collection of soil samples for laboratory analysis of diesel range organics (DRO) and BTEX petroleum compounds. Also advance 1 soil vapor probe to a depth of 8' to evaluate for the presence of soil vapors that may represent a vapor intrusion risk to a new development. COST ESTIMATE: LIMITED PHASE II ENVIRONMENTAL ASSESSMENT $ 4,150.00 TERMS: Services performed by JAVELIN will be invoiced on a lump sum basis, in accordance with above - referenced cost estimate. Payment for services is net 10 days with interest added to unpaid balances at a rate of 1.5% per month. SCHEDUI.F: The report will be completed within 2-3 weeks of written authorization. AUTHORIZATION: The undersigned hereby authorizes The Javelin Group, Inc. to proceed with the services oudined within this proposal and acknowledges the Agreement of General Conditions, which is a part of this proposal. Authorized By: Client Name: Date: THE V1.AVELIN GROUP REAL ESTATE DUE DILIGENCE THE JAVELIN GROUP, INC AGREEMENT OF GENERAL CONDITIONS Section 1. SERVICES AND COMPENSATION 1.1 The Javelin Group, Inc., (JAVELIN), a Minnesota corporation, shall provide CLIENT the services described in the JAVELIN Proposal or Authorization Agreement attached hereto (the "services") in accordance with the terms thereof and hereof. In the event that these General Conditions are inconsistent with the terms of the attached Proposal or Authorization Agreement, the terms of such Proposal or Authorization Agreement shall govern. CLIENT shall pay for the Services as agreed, and a statement of probable cost made to CLIENT shall not be binding on JAVELIN unless stated as a `hot -to -exceed cost". JAVELIN shall provide additional services as requested by CLIENT or as required due to a material increase in the Scope of the Services, and CLIENT will pay for those additional services at the rate shown on the attached Proposal, Authorization Agreement or Schedule of Charges. Section 2. GENERAL RESPONSIBILITIES 2.1 JAVELIN will test samples submitted by CLIENT, or will obtain and test samples as agreed upon by the parties. CLIENT acknowledges that JAVELIN will not sample each increment of the area or object to be tested. CLIENT acknowledges that the results of such testing will indicate actual conditions only of specific increments sampled from which JAVELIN can make certain inferences, but that JAVELIN cannot and does not guarantee that its procedures will produce results representative of the entire area or object from which the incremental sample was taken. 2.2 JAVELIN shall not be responsible for the performance of any activity or obligation other than the Services. The performance of the Services by JAVELIN shall not be construed to relieve any third party of their responsibilities. 2.3 Insofar as jobsite safety is concerned, JAVELIN is responsible solely for his own and his employees' activities on the jobsite, but shall not be construed to relieve CLIENT, Owner or any third party from their responsibilities for maintaining a safe jobsite. Neither professional activities of JAVELIN, nor the presence of JAVELIN or his employees and subcontractors, shall be construed to imply JAVELIN has any responsibility for methods of work performance, supervision, sequencing of construction, or safety in, on or about the jobsite. 2.4 JAVELIN is not responsible for the transportation, handling, storage or disposal of hazardous substances or suspected hazardous substances. It is CLIENT'S responsibility to select lawful disposal sites and arrange for the proper transportation to such sites. CLIENT is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal of hazardous or suspected hazardous substances. 2.5 CLIENT shall provide JAVELIN all information known to CLIENT regarding existing and proposed conditions of the site relevant to the Services. CLIENT shall immediately notify JAVELIN if any new information or data of which CLIENT becomes aware that materially differs from information previously provided to JAVELIN. 2.6 The services performed by JAVELIN are performed as an independent contractor and not as an employee, agent, partner, or joint venture of CLIENT. Section 3. RIGHT OF ENTRY 3.1 CLIENT shall provide JAVELIN right to enter property owned by CLIENT and/or others in order for JAVELIN to fulfill the Services indicated hereunder. CLIENT agrees that any part or parcel of property to which JAVELIN is not provided access will not be subject to claim by CLIENT against JAVELIN under this agreement. CLIENT further understands and agrees that JAVELIN shall not be responsible to pay any costs incurred by CLIENT to correct any damage to the site or sampled materials caused by JAVELIN's activities. Section 4. SUBSURFACE STRUCTURES AND UTILITIES 4.1 In the performance of the Services indicated hereunder, JAVELIN will take reasonable precautions to avoid damaging buried structures and utilities. CLIENT assumes all liability for claims allegedly arising out of damage to buried structures and utilities that were not called to the attention of JAVELIN, which were not properly located on plans furnished to JAVELIN or which were not properly located by locating companies called to the site by or on behalf of CLIENT to identify such structures and utilities. Section 5. REPORTS, DRAWINGS AND DOCUMENTS 5.1 CLIENT agrees that all original reports, drawings and documents produced by JAVELIN in accordance with this agreement, except documents, which are required to be filed with public agencies, shall remain the property of JAVELIN. CLIENT agrees to be liable and responsible for the use of unsigned reports, drawings or other documents not signed by JAVELIN and waives liability against JAVELIN for their use. Further, CLIENT agrees to waive any claim against JAVELIN and to indemnify, defend and hold harmless JAVELIN from any and all claims arising out of any use, not authorized in writing by JAVELIN, of these reports, drawings and documents by third parties not related to this agreement. 5.2 If CLIENT does not pay for the Services as set forth in this agreement, CLIENT shall return to JAVELIN, upon demand, all reports, drawings and documents completed by JAVELIN. Further, such reports, drawings and documents shall not be used by CLIENT for any purpose. • TI IE AVELIN G RO U P 5.3 JAVELIN shall retain all material documents relating to the Services for five years following submission of the report to the CLIENT. Section 6. SAMPLES 6.1 Samples remaining after the completion of the Services will be discarded by JAVELIN at JAVELIN'S expense unless CLIENT requests in writing within 30 days of the report submission to store or ship the samples to CLIENT. Costs associated with storage or shipment of samples will be charged to CLIENT at cost plus 15%. Section 7. PAYMENT, INTEREST, AND BREACH 7.1 Invoices for the Services shall be issued monthly or at the completion of Services and shall be paid by CLIENT within 10 days of receipt. Invoices not paid within 30 days are subject to interest from the 31" day at a rate of 1.5% per month. 7.2 If CLIENT does not pay the invoice within 60 days, then JAVELIN may exercise the option to declare this agreement to be in default and terminate all of its duties hereunder without liability to CLIENT or others. CLIENT shall pay for services completed under this agreement and reasonable termination expenses. 7.3 If JAVELIN prevails in a lawsuit against CLIENT to collect fees for services rendered, then CLIENT shall pay all collection expenses, including reasonable attomeys fees. Section 8. STANDARD OF CARE 8.1 Services performed by JAVELIN under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession in the same locality under similar conditions, No other representations express or implied, and no warranty or guarantee is included or intended in the agreement, or in any report, drawing, document, opinion or otherwise. Section 9. DISPUTES 9.1 If JAVELIN prevails in a lawsuit brought by CLIENT, in whole or in part, or is the lawsuit is dismissed, then CLIENT will pay JAVELIN its costs of defense, including, without limitation, reasonable attorneys' fees. 9.2 The terms of this agreement shall be governed by the substantive laws, and not the laws of conflicts, of the State of Minnesota. Section 10. LIEN RIGHTS 10.1 JAVELIN hereby gives notice that it retains the right to file a mechanic's and materialman's or other applicable statutory or common law lien against the Client's property in the event of non-payment of invoices. The lien will be prepared and filed in accordance with pertinent laws of the state in which the Site is located. 10.2 Any person or company supplying labor or materials for this improvement to your property may file a Lien against your property if that person or company is not paid for the contributions. 10.3 Under Minnesota law, you have the right to pay persons who supplied labor and materials for this improvement directly and deduct this amount from our contract price, or withhold the amount due them from us until 120 days after completion of the improvement unless we give you a Lien Waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice. Section 11. INDEMNIFICATION 11.1 JAVELIN agrees to defend, indemnify and hold harmless CLIENT from all claims and reasonable expenses resulting there from, including court costs and reasonable attorneys fees, (arising solely from services performed by JAVELIN). If and to the extent that a subcontractor defends and indemnifies CLIENT, JAVELIN shall have no obligation to provide such indemnification. CLIENT agrees to give JAVELIN prompt notice of any claim or action and shall cooperate with JAVELIN, or its subcontractor, in the defense of such claim. 11.2 CLIENT agrees to defend, indemnify and hold harmless JAVELIN and its subcontractors from all claims and reasonable expenses resulting therefrom, including court costs and reasonable attorneys fees, arising from: (1) environmental conditions whose existence or source was not previously disclosed by CLIENT; (2) the condition of the CLIENT'S property; (3) execution of hazardous waste manifests as agents on • behalf of the CLIENT; or (4) otherwise arising out of the CLIENT'S acts, omissions or breach of warranty or representation hereunder. JAVELIN agrees to give CLIENT prompt notice of any claim or action and shall cooperate with CLIENT in the defense of such claim, Section 12. LIMITATION OF LIABILITY 12,1 CLIENT agrees that, to the fullest extent permitted by law, JAVELIN'S total liability to CLIENT for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to this Agreement from any cause or causes, including but not limited to JAVELIN'S negligence, errors, omissions, strict liability, breach of contractor breach of warranty shall not exceed JAVELIN'S charges for the Services. JAVELIN shall not be liable to CLIENT for any special, indirect or consequential damages whatsoever, whether caused or alleged to be caused by JAVELIN'S negligence, errors, omissions, strict liability, breach of contract or warranty, or performance of Services under this agreement, Section 12. ENTIRE AGREEMENT 12.1 This agreement is the entire agreement between JAVELIN and CLIENT and it supersedes all prior written or oral agreements with respect to Services hereof, including any additional terms and conditions contained in any purchase order, work order, or similar document forwarded to JAVELIN by CLIENT. No amendments or assignment of this Agreement shall be effective unless agreed to in writing by both parties. TIIE AVELIN GROUP LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date March 27, 2018 ITEM NUMBER Rental Housing Ordinance STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The rental housing ordinance draft was sent to rental property owners a couple of weeks ago. Owners were asked to return comments on the draft by March 20. So far staff received one comment of significance asking for clarification on the background check requirement which staff will address during the meeting. The draft with revisions by the city attorney was not available by Friday, March 23. We will hopefully have the draft by the time of the meeting. The final draft is still being target- ed for adoption on April 10. STAFF RECOMMENDATION: