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HomeMy WebLinkAbout09/25/2018LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, SEPTEMBER 25, 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. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the September 11, 2018 City Council Meetings c. Claims Totaling $36,768.45 4. CONSENT a. August Financial Report b. Assigning House Number to 1749 Fulham Street - Resolution 092518A c. Assigning House Number to 1931 Eustis Street - Resolution 092518B d. Designating Polling Places for 2019 Elections - Resolution 092518C e. Salvage Agreement for 1825 Eustis Street 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. 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. Proposed Tobacco Ordinance Revision Discussion b. 2019 Preliminary Budget and Levy — Resolution 092518D 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Commissioner Mary Jo McGuire 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. Update on 1795 Eustis Street, Stacie Kvilvang, Ehlers and Associates c. Redevelopment Options at 2430 Larpenteur Avenue d. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 September 11, 2018 Roll Call Mayor Gaasch called the Regular City Council meeting to order at 7:31 p.m. Councilors present: Andi Moffatt, Roxanne Grove, Kelly Dolphin, Jeff Dains, 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 corrections to the meeting minutes. There being none, Councilor Dains moved and seconded by Councilor Grove to approve the minutes of the August 28, 2018, city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dolphin moved and seconded by Councilor Dains to approve the claims totaling $92,645.41. Motion carried unanimously. Consent Councilor Moffatt moved and seconded by Councilor Grove to approve the Consent Agenda thereby acknowledging the July Financial Report. Informational Presentations/Reports A. City Council Updates Councilor Dains stated that he attended a Mississippi Watershed Management Organization meeting. Councilor Dolphin shared that she attended a North Suburban Cable Commission meeting where budgetary issues were the primary topic. Mayor Gaasch stated that she will be attending a League of Minnesota Cities Board of Directors retreat on September 12. Finally, Councilor Dains commemorated those who lost their lives during the September 11, 2001 attacks and paid tribute to the police and fire departments of New York City for their brave work. Discussion/Action Items A. Rental Housing Fine Waiver Request for 1866 Eustis Street The owner of 1866 Eustis Street submitted a petition to waive the late fees associated with his LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 September 11, 2018 rental housing license. Rod Borg, dba Perma Companies, is appealing the late fees on the basis that the tenant changed the locks which prohibited access during the first inspection. After discussion, Councilor Dolphin moved to reduce by the late fee by $200. The motion was seconded by Councilor Moffatt. After further discussion, Administrator Butkowski polled the Council. Councilors Dolphin and Gaasch voted in favor of the motion and Councilors Dains and Moffatt vote against the motion. Councilor Grove abstained. Motion to reduce the late fee was denied. B. 2019 Preliminary Budget and Levy Staff reviewed the 2018 actuals and revisited the anticipated costs for 2019 since the previous meeting and nothing has really changed. To recap the last meeting, compared to other Ramsey County cities, Lauderdale is seeing a large increase in home values for 2019 per the county assessor. A median valued home is $206,300 for 2019 (up 9.1% over 2018). As the City's overall market value went up considerably over 2018, the proposed levy increase would actually result in a decrease in the tax rate. The proposed budget would balance at $1,437,074 or an increase of 3.5%. To support a balanced budget, the levy would need to increase by 5.7% which results in roughly a $39.00 city property tax impact on a median valued home. Butkowski informed the Council that the levy must be set at the next meeting. Staff will be preparing the appropriate documents and continuing to revisit the budget in the interim. C. Update on Staff Projects Butkowski went through the various projects staff have been working and noted which will be on council agendas in the near future. Set Agenda for Next Meeting Administrator Butkowski stated that the September 25 council meeting may include the 2019 preliminary budget and levy, proposed tobacco ordinance revision discussion, and 1795 Eustis Street discussion with the City's financial advisor. 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. Fakhri Alaghbash, Falcon Heights resident, approached the Council. He stated that he and his business partners were interested in purchasing the Lauderdale Service Station. Their intention is to either open a food establishment or violin store. They are open to renovating the existing structure or building a new one on a different part of the parcel. The Council mentioned that the LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 September 11, 2018 building is not technically for sale and in order to consider an offer they would have to see a detailed proposal. Namely, they would need to see how the business fit into the zoning requirements, accommodated parking, and would be financially viable. B. Community Development Update Butkowski informed the Council that all updates were covered throughout the course of the meeting. Adj ournment Councilor Grove moved and seconded by Councilor Dains to adjourn the meeting at 8:23 p.m. Motion carried unanimously. Respectfully submitted, Miles Cline Deputy City Clerk CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 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: September 25, 2018 Subject: List of Claims The claims totaling $36,768.45 are provided for City Council review and approval that includes check numbers 26039 to 26056. Accounts Payable Checks by Date - Detail by Check Date User: Printed: miles.cline 9/21/2018 2:59 PM Check No Vendor No Invoice No Vendor Name Description Check Date Reference et Check Amount ACH 43 Public Employees Retirement Association 09/21/2018 PR Batch 51900.09.2018 PERA Coordinated PR Batch 51900.09.2018 PER PR Batch 51900.09.2018 PERA Coordinated PR Batch 51900.09.2018 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 51900.09.2018 State Income Tax ACH 45 ACH 46 26039 34 26040 65 15548208 26041 184 092018 092018 26042 192 69551681 26043 25 09/21/2018 PR Batch 51900.09.2018 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51900.09.2018 Deferred Comp PR Batch 51900.09.2018 Deferred Comp 09/21/2018 PR Batch 51900.09.2018 Defi PR Batch 51900.09.2018 Defi Total for this ACH Check for Vendor 45: Internal Revenue Service 09/21/2018 PR Batch 51900.09.2018 Medicare Employee Pc PR Batch 51900.09.2018 Mec PR Batch 51900.09.2018 FICA Employer Portio: PR Batch 51900.09.2018 FIC. PR Batch 51900.09.2018 Federal Income Tax PR Batch 51900.09.2018 Fed( PR Batch 51900.09.2018 FICA Employee Portio PR Batch 51900.09.2018 FIC. PR Batch 51900.09.2018 Medicare Employer Po PR Batch 51900.09.2018 Mec Total for this ACH Check for Vendor 46: Total for 9/21/2018: AFSCME MN Council 5 09/25/2018 PR Batch 51900.09.2018 Union Dues PR Batch 51900.09.2018 Unic Allstream Inc. Fax Line Cintas August Uniforms August Uniforms Comcast September Internet County of Ramsey Total for Check Number 26039: 09/25/2018 Total for Check Number 26040: 09/25/2018 Total for Check Number 26041: 09/25/2018 Total for Check Number 26042: 09/25/2018 1,094.65 948.69 2,043.34 670.08 670.08 1,352.31 938.33 2,290.64 249.04 1,064.75 1,304.11 1,064.75 249.04 3,931.69 8,935.75 200.08 200.08 51.52 51.52 58.78 58.77 117.55 1,128.08 1,128.08 AP Checks by Date - Detail by Check Date (9/21/2018 2:59 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount RISK -001946 PR Batch 51900.09.2018 Short Tenn Disability PR Batch 51900.09.2018 Shoi 70.53 PR Batch 51900.09.2018 Life Insurance PR Batch 51900.09.2018 Life, 314.08 PR Batch 51900.09.2018 Long Term Disability PR Batch 51900.09.2018 Lon. 101.64 Insurance Processing Fee 25.00 Total for Check Number 26043: 511.25 26044 9 Genuine Parts Company Inc 09/25/2018 884708 Oil Filter 15.98 Total for Check Number 26044: 15.98 26045 134 Katrina Joseph 09/25/2018 0080 August Legal Services 925.00 Total for Check Number 26045: 925.00 26046 185 Lauderdale BP 09/25/2018 092018 August Fuel 76.56 092018 August Fuel 357.31 092018 August Fuel 76.56 Total for Check Number 26046: 510.43 26047 78 League of Minnesota Cities Insurance Trust 09/25/2018 092018 LMCIT Property/Casualty Coverage 2019 1,160.66 092018 LMCIT Property/Casualty Coverage 2019 438.93 092018 LMCIT Property/Casualty Coverage 2019 258.18 092018 LMCIT Property/Casualty Coverage 2019 785.67 092018 LMCIT Property/Casualty Coverage 2019 3,142.38 092018 LMCIT Property/Casualty Coverage 2019 7,187.60 092018 LMCIT Property/Casualty Coverage 2019 2,780.90 092018 LMCIT Property/Casualty Coverage 2019 1,139.38 092018 LMCIT Property/Casualty Coverage 2019 264.30 26048 23 INV1164628 Total for Check Number 26047: 17,158.00 Metro Sales Inc 09/25/2018 Quarterly Copy Charges 173.13 Total for Check Number 26048: 173.13 26049 84 North Star Bank Cardinember Services 09/25/2018 092018 DIP Supplies 46.14 092018 DIP Banners 67.62 092018 DIP Banner 393.71 092018 DIP Supplies 192.86 092018 DIP Food & Beverage 76.02 26050 10 Total for Check Number 26049: 776.35 On Site Sanitation Inc 09/25/2018 0000653155 09/08/2018 - 10/05/2018 Park Portable Restroon 237.08 26051 5 619861-08-18 26052 162 Total for Check Number 26050: 237.08 Premium Waters Inc 09/25/2018 August Water Bottles 42.64 Total for Check Number 26051: 42.64 Swanson Haskamp Consulting, LLC 09/25/2018 AP Checks by Date - Detail by Check Date (9/21/2018 2:59 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 667 Comprehensive Plan Pay 14 2,450.00 Total for Check Number 26052: 2,450.00 26053 4 The Neighborhood Recycling Company Inc 09/25/2018 17791 August Recycling Contract 2,442.24 17791 August Revenue Sharing 117.99 26054 3 365905207 Total for Check Number 26053: 2,560.23 US National Equipment Finance Inc 09/25/2018 Copier Contract 149.00 26055 90 Verizon Wireless 9813755723 August Cell Phone 9813755723 August Cell Phone 9813755723 August Cell Phone 26056 74 Xcel Energy 606048633 August Street Lighting 606272198 1891 Walnut Street 606272198 1891 Walnut Street 606279978 1885 Fulham Street 606279978 1917 Walnut Street 606279978 1917 Walnut Street 606279978 1885 Fulham Street Total for Check Number 26054: 149.00 09/25/2018 16.34 32.67 16.34 Total for Check Number 26055: 65.35 09/25/2018 423.84 212.19 28.47 25.00 17.62 25.00 28.91 Total for Check Number 26056: 761.03 Total for 9/25/2018: 27,832.70 Report Total (22 checks): 36,768.45 AP Checks by Date - Detail by Check Date (9/21/2018 2:59 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date September 25, 2018 ITEM NUMBER August 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 August 2018. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for August 2018. COUNCIL ACTION: General Ledger Cash Balances User: heather.butkowski Printed: 9/17/2018 1:31:48 PM Period 08 - 08 Fiscal Year 2018 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash 101-00000-000-10100 -2,446,566.87 Change Fund 101-00000-000-10300 100.00 Cash 226-00000-000-10100 12,953.28 Cash 227-00000-000-10100 94,977.49 Cash 305-00000-000-10100 56,970.16 Cash 401-00000-000-10100 122,663.51 Cash 403-00000-000-10100 460,817.43 Cash 404-00000-000-10100 270,966.65 Cash 405-00000-000-10100 0.00 Cash 414-00000-000-10100 292,707.73 Cash 415-00000-000-10100 -80,317.73 Cash 416-00000-000-10100 101,486.63 Cash 602-00000-000-10100 1,040,019.35 Cash 603-00000-000-10100 370,977.61 Current Assets 297,755.24 20,193.81 129,107.95 0.00 0.00 9.79 707.03 72.47 4,365.78 45.56 0.00 98.10 0.00 368.54 0.00 216.71 0.00 0.00 0.00 234.10 0.00 0.00 0.00 81.16 0.00 15,221.22 20,413.89 6,825.99 8,399.95 43,367.45 162,994.60 -2,555,481.01 100.00 12,256.04 90,684.18 57,015.72 122,761.61 461,185.97 271,183.36 0.00 292,941.83 -80,317.73 101,567.79 1,034,826.68 369,403.65 178,128.09 Petty Cash 101-00000-000-10200 300.00 0.00 0.00 300.00 Petty Cash 300.00 0.00 0.00 300.00 Investments - Fair Value 101-00000-000-10410 3,118,587.87 2,700.73 0.00 3,121,288.60 Adj Investments 3,118,587.87 2,700.73 0.00 3,121,288.60 Grand Total 3,416,643.11 46,068.18 162,994.60 3,299,716.69 GL - Cash Balances (09/17/2018 - 01:31 PM) Page 1 cu c' w au a-) CN lal cc cr) '� W 3 0 F,... MPM 24 co o 0 N i�oN 1.1 N 01.)° o j, cc YTD Balan N N O ON 7t M (=) 7 u1 M V) O p( CN O rt VD O d, oO CT v) N O p O O am6 ori ' r- 00 O V) O 0 b O V) O VD t V'1 p N.COO cc) kr) p O\O C\ ODM v) O O 00 VD 7t O1 p v1 r NCO p �t �t O N vi t; • r- — • N C\ v) 0 d' VD VD p N CO O CO V0 v) p cV Q O O O M V) 00 M V1 0 p O M M V') D\ .--. 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N fn 71- 71'O en 00 00 N N00 000 en 0 00 N N a N 00 0 t!) 00 00 60 N 0 00I OI O O O O O O O o OO O O p l O O O o "as O p O O O Account Numb k N bA d g U .0 5 50 u -0 A as 0 calO �O 0 F a.1 v H gCD y it y V1 cn 0) . a g g 0 g W O W V Rosehill Tax Increment GL - Revenue vs Expense (09/17/2018 - 01:32 PM) p MLiv) tri \C3 O OI N c O o cri C1 CT h 0 cp o N O O p O O D - N 'Cr M M (V O I 1-1 O p l O CT CC •t V' l 0 111 O CtI 00 00 V1 N gi N N 00 00 V1 O O O 00 00 00 O O 0 yy d' O rl O O O C1 U N N N it La U CD O p O O o 00 cp O 0 O O O O O O O O O O O\ O O O\ 11 N 0) 0 0 0 0 771P4 to aso y ON 3 EVq+ o u, ti 6J y 1)GJ • U d d �" 6GJ 0OJ t" 1-, N ai 6J ›- •� a3 6J X" Y -4-, k A A g O g W O O W en 1 y0 oN - ct N o y t ---O z N A a1i°\00 °' G 0 zi aJ 0 b� CD Qi N • v U Development GL - Revenue vs Expense (09/17/2018 - 01:32 PM) Q k Account Number @ @| 5 @ @ @ 33 33 3 e e \5| @ \/ O d \\ / /@| \/ £3 \\ -a > @@| 7 00 \ @ 3£ o c3 o d @ @| @ @| @ @ as § 33 § e bD \j) ..0ƒ t \/ ® 00 <0/ ) )t ) ƒ ) 00 oiuo,.e (\ aG55 m\ m/ \CD \\\ / 4\/ W Housing Redevelopment \ GL - Revenue vs Expense (09/17/2018 - 01:32 PM) Fiscal Year 2018 \@ƒ @ @@/ \ @ c3 o| e 33d o \7@ 7 %\\ c;2\ \ /�® 2 , \ / \ I \\ 1,238,182.00 7 /\\ / /co � co / § - \\ 1-1 I VZ \\\ \ ay c| \ 666 c \ \@/ @ \@/ 2 @ 3 c| 3 666 z e cn cn / (( / \bI3 0 )\ 3� \ .@ % / e (,5\ 0 Oct § pp. t &gig & //3 $ )3U0 ] TIF District No. 1-2 GL - Revenue vs Expense (09/17/2018 - 01:32 PM) YTD Balance Current Peri z PP ,0 CD CD oo OI 00 Mo�0�0 OI 000 N OV) O H [� CN to l- N V1 O O v O p 1 VD V) N in O O r . -+ O O O p t I� t --+ C n O p V� O O 0\ .-- p N N IA vi O p M N pM N ON oo - 0 N N - 0 0 .M-- 0 r-- N OM O I V) co 0 0 p O O N O � O' coN0N7:1- 0 O N O d' \O O O Q O; M v) to d' O .-y r-1 .-r 0000 oM0 O O O N 0 v) Vim) O O d O in 00 (`1 0 0 0 p l O 0 0 0 0 p l O O O O O p O O O O O p O O O O O O 0 0cO o6 0 0 O O O MO M X000000 M 0 N —O ONO \O 0 0 s.0 000 N N M CI, 0 bO > 0 0 - 4 N N c U I" C N P4 Of) N (0 0 co � • U s-+ 0 C/� N O O cC > O N 1'! o ›CD' -' `i' - O ‘1) c1 y vii ;Y. y 0 to U y d 0 P N .''' N (0 0 67 N.. c. '4 d k N �'..0-+ CC) 0 CIOg4C),o C4 WWvoOC)O W Sanitary Sewer GL - Revenue vs Expense (09/17/2018 - 01:32 PM) • U N 3 00 00 w 0 co S 0 N Z cd CN a)i �0v.- O0 0 • 0 M M OJ O, LT_ O CN pO l ,t —00 CD N V0 0 O I 41 V] O. C; V3 Cx.it- O V1 N V'1 MO O VI \O N C" O 000 0 ct CN 00 00 0 OON\O CF \0O O 4 ,„ — — un ooM O un O r- O Cl VD O O O O VD VD O [- 01 pN O 00 N O O O �O O[�N O © oO d' X00 0 O. '-i rc) 17r N N O d' 00 N 00 zO M O N VD Q1 0 ,t •ct4 ti O ,t O 0 rt 00 M O\ O p I O VD OMN O Vl 'cf. 00 -.CD p O 0 O R c-" C O d H N N a0 N 0 7 in VO "D[....: _, 00 1--1 D 000 O vi C3 0V O4 0 0 ai a. } c N 4,4 a X40 E o avi fi ring U O OI0 0 U 0 0 0 00 00 0 0 0 0 0 0 I O O Ur: kti 000 0 vl © vii r- c 0 o vii rt 0 o t- N O v) --I --I 00 --i 1-1 i rw U -0 U N 0 T t 4 c 1:› $ .2 c. U g 0 0)) 0)i O p. . y d g WOaCIDOUO W Storm Water GL - Revenue vs Expense (09/17/2018 - 01:32 PM) \ 7 / © $ \k/ W •. • c)- a� ƒ\z/ / § \\\/ 5\\ / f/R y0 0 \\ 2a f>P \/\ } 000 0000 0 0 0 o d 3 3366 3 3 00p @ 000p 0 0 £33 3 3333 o 0CD0 @ 00CD0 0 0 363 d 3303 o 0 000 \ 000p 0 0 333 0 3333 3 3 000 @ 000p 0 0 0 o d 3 3333 3 3 \ 00 0 a)� :\/ w ; G •® ) ƒ (.\ o\(\� • `• ^� j (02®� \ y a) c�=e = 04)§33 ® 203&5 2 § Q4452o ] m_000 k Q GL - Revenue vs Expense (09/17/2018 - 01:32 PM) V) bA cb P. GL - Revenue vs Expense (09/17/2018 - 01:32 PM) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date September 25, 2018 ITEM NUMBER Address Assignment: 1749 Fulham STAFF INITIAL JB APPROVED BY ADMINISTRATOR SUBDIVISION APPLICATION The attached resolution assigns a house number and street address to the vacant, buildable lot created from the recently approved subdivision of Patsy's Prospect Hill. After adoption, the Postmaster and Ramsey County Emergency services will be noti- fied of the new address. OPTIONS 1) Approve as part of the consent agenda 2) Remove from consent agenda for discussion. STAFF RECOMMENDATION Adopt Resolution No. 092518A as part of the consent agenda. Member introduced the following resolution and moved its adoption: CITY OF LAUDERDALE RESOLUTION NO. 092518A RESOLUTION ASSIGNING HOUSE NUMBER TO 1749 FULHAM STREET WHEREAS, on January 23, 2018 the Lauderdale City Council adopted Resolution 012318A — A Resolution Granting Final Plat Approval for Patsy's Prospect Hill; and WHEREAS, a vacant, buildable lot was created and is now legally described as Lot 1, Block 1, Patsy's Prospect Hill, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Lauderdale, Minnesota that the above referenced property shall be assigned the following address: 1749 Fulham Street, Lauderdale, MN 55113. Dated: September 25, 2018 Mary Gaasch, Mayor Attest: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed. (SEAL) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X X Meeting Date September 25, 2018 ITEM NUMBER Address Assignment: 1931 Eustis STAFF INITIAL JB APPROVED BY ADMINISTRATOR SUBDIVISION APPLICATION The attached resolution assigns a house number and street address to the vacant, buildable lot created from the recently approved division of previously consolidated Tots at 1937 Eustis Street. After adoption, the Postmaster and Ramsey County Emergency services will be notified of the new address. OPTIONS 1) Approve as part of the consent agenda 2) Remove from consent agenda for discussion. STAFF RECOMMENDATION Adopt Resolution No. 092518B as part of the consent agenda. Member introduced the following resolution and moved its adoption: CITY OF LAUDERDALE RESOLUTION NO. 092518B RESOLUTION ASSIGNING HOUSE NUMBER TO 1931 EUSTIS STREET WHEREAS, on June 12, 2018 the Lauderdale City Council adopted Resolution 061218A — A Resolution Supporting the Application for the Division of Two Previously Consolidated Residential Parcels of Land Located at 1937 Eustis Street; and WHEREAS, a vacant, buildable lot was created and is now legally described as Lot 13, Block 1, Lauderdale's East Side Addition to Minneapolis, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Lauderdale, Minnesota that the above referenced property shall be assigned the following address: 1931 Eustis Street, Lauderdale, MN 55113. Dated: September 25, 2018 Mary Gaasch, Mayor Attest: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed. (SEAL) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date September 25, 2018 ITEM NUMBER Resolution of Polling Places STAFF INITIAL MC APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In 2017, the legislature enacted a new provision that requires all municipalities to designate their polling place locations for an upcoming election year by December 31 of the previous year. This provision is in effect for the 2019 state elections. The new law does permit changing polling place locations in the year of the election if the polling place authorized by the Lauderdale City Council has become unavailable for use. Ramsey County will conduct on-site inspections in March and April of each year. If, based on the on-site inspection, it becomes clear that an authorized polling place will not be availa- ble for use that year, it will be necessary to designate a replacement. In this scenario, the City of Lauderdale will need to inform Ramsey County of the new polling place(s) at least 90 days before the next election. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution 092518C—A Resolution Designating Polling Places for the 2019 State Elections. RESOLUTION NO. 092518C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DESIGNATING POLLING PLACES FOR THE 2019 ELECTIONS WHEREAS, Minnesota Statutes 204B.16 requires the City Council to designate polling places for the upcoming year by resolution; and WHEREAS, changes to the polling place locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, that the Lauderdale City Council hereby designates the following polling place for any elections conducted in the City in 2019: Precinct 1: Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 AND, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to designate a replacement which meets the requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes unavailable for use by the City; AND, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to designate an emergency replacement polling place which meets the requirements of the Minnesota Election Law for any polling place designated in this Resolution when necessary to ensure a safe and secure location for voting; AND, BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Ramsey County Elections Office. Adopted by the City Council of Lauderdale this 25`x' day of September, 2018. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Clerk LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date September 25, 2018 ITEM NUMBER Salvage Agreement STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: When meeting with salvage companies, Bauer Brothers expressed interest in the transite sid- ing. The siding contains asbestos and would cost the city about $3,000 to have removed by an asbestos abatement contractor. Staff confirmed with the Department of Health and Ram- sey County that the City could allow someone to salvage the asbestos siding. Staff then worked with the city attorney on an agreement that would allow for this. The agreement is attached. As we just received it as the packets were being prepared, it has not been shared with Bauer Brothers. To keep the process moving along as cold weather sets in, we ask that the Council consider approving this. If something comes up after the fact, the agreement can be amended. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the Transite Siding Removal Agree- ment as presented. TRANSITE SIDING REMOVAL AGREEMENT This Transite Siding Removal Agreement (the "Agreement") is entered into as of the Effective Date by and between Bauer Bros., Inc., a Minnesota corporation, having its primary place of business at 2432 N 2nd Street Minneapolis, Minnesota (the "Contractor"), and the city of Lauderdale, Minnesota, a Minnesota municipal corporation having it offices at 1891 Walnut Street, Lauderdale, MN 55113 (the "City"). Both the Contractor and the City may be referred to, from time to time, individually as "Party" or collectively as "Parties". RECITALS WHEREAS, the City desires the Contractor to perform certain work and services, hereinafter referred to only as the "Services", set forth in Section 1, Scope of Work; and WHEREAS, the Contractor has expressed a willingness to perform said Services, specified in said Scope of Work; and WHEREAS, the Contractor represents it has the skill, knowledge, experience, and ability to perform the Services. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, the City and the Contractor agree as follows: Section 1. Scope of Work. Upon issuance of a written notice to proceed by the City, the Contractor agrees to perform the Services to remove and dispose of all Transite siding product (the "Product") currently existing on the property of 1825 Eustis Street Lauderdale, MN 55113 (the "Property"). Section 2. Term of Agreement. The term of this Agreement shall begin on the last date of execution by the second Party hereto (the "Effective Date") and shall continue until the Contractor completes the Services required herein to the satisfaction of the City, unless sooner terminated as provided in Section 9. Section 3. Obligations & Responsibilities. The Contractor shall: A. devote such time as reasonably necessary for the satisfactory performance of the Services to be provided under this Agreement; B. furnish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform the Services; C. abide by all federal, state, and local laws and regulations in providing the Services. This includes conformance with all applicable environmental, health and safety-related regulations and guidelines proffered by the Minnesota Pollution Control Agency and pertaining to the Product; Page 1 of 7 537409v3 JGM LA135-3 D. exercise professional judgment, made on the basis of all information available to the Contractor, and to use the same standard of care and skill ordinarily exercised in similar circumstances by other contractors performing comparable services in the Twin Cities metropolitan area. This standard of care shall be judged as of the time and place the Services are rendered; and E. adhere to any applicable site safety procedures and regulations as well as any special safety concerns or dangerous conditions at the site, which the Contractor shall communicate to its employees. The Contractor, its employees, and agents will be obligated to adhere to such procedures and regulations once notice has been given. The City shall: A. designate in writing the person or persons with authority to act in the City's behalf on all matters concerning the Services to be performed by the Contractor. B. if requested by the Contractor, furnish to the Contractor any existing information then - available to the City which may be necessary for performance of the Services. The Contractor will be entitled to use and rely upon all such information. C. provide the Contractor access to the Property to perform the Services. Section 4. Time For Performance. A. The Contractor shall perform all Services as provided for under this Agreement in a proper, efficient and professional manner in accordance with the City requirements. Such services shall be completed within 30 days after the Contractor's receipt of written notification to proceed from the City B. The Contractor's Services will be considered complete at the earlier of (i) the date when the Contractor's Services are approved by the City or (ii) 15 days after the date when the Contractor notifies the City of its completion of Services if the Contractor is not notified in writing within such 1 5 -day period of a material defect in such Services. Section 5. Payment. In consideration for providing the Services, the Contractor shall be entitled to retain any Product removed from the Property. The Contractor expressly agrees that, other than the aforementioned consideration, all Services referenced in Section 1 of this Agreement shall be provided free of charge. Any claims for extra Services, additional Services, or changes in the Services, irrespective of whether such Services are free of charge, must be made by written agreement with the City prior to the performance of such Services. Section 6. Independent Contractor. It is understood and agreed by and between the Parties that the Contractor, in satisfying the conditions of this Agreement, is acting as an independent contractor, and that the City assumes no responsibility or liabilities to any third party in connection with the Contractor's actions. The Contractor shall supervise the performance of the Services and shall be entitled to control the manner and means by which the Services are to be performed, subject to the terms of this Agreement. There is no intended third party beneficiary to this Agreement. Page 2 of 7 537409v3 JGM LA 135-3 Section 7. Insurance. A. The Contractor shall during the term hereof maintain in full force and effect the following insurance: (i) a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Contractor performance of Services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence and $2,000,000 in the aggregate for injury to persons (including death), and for property damage; (ii) A policy of automobile liability insurance covering any vehicles owned and/or operated by the Contractor, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $1,000,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of the Contractor employees involved in the provision of the Services under this Agreement with policy limit of not less than $1,000,000.00; and B. All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City as additional insured as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation or non -renewal of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. The Contractor shall provide written notice to the City of any material change of or to the insurance required herein. C. All insurance companies providing the required insurance shall be authorized to transact business in Minnesota. D. A certificate of insurance evidencing the required insurance and all endorsements shall be submitted prior to commencement of the Services. Section 8. Indemnification. The City shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from the Services of the Contractor pursuant to this Agreement. The Contractor hereby waives all claims against the City, its officers and employees (collectively referred to in this section as "the City") for damage to any property or injury to, or death of, any person arising at any time and from any cause other than the negligence or willful misconduct of the City or breach of the City obligations hereunder. The Contractor agrees to indemnify and hold harmless the City from any damages (including court costs and reasonable attorneys' fees) and actions of any kind by reason of injury to or death of any person or damage to or loss of property to the extent caused by the Contractor's negligent performance of the Services under this Agreement or by reason of any willful or negligent act or omission on the part of the Contractor, its officers, directors, employees, agents, successors or Page 3 of 7 537409v3 JGM LA135-3 permitted assigns (except when such liability, claims, suits, costs, injuries, deaths or damages arise from or are attributed to negligence of the City, in whole or in part, in which case the Contractor shall indemnify the City only to the extent or proportion of negligence attributed to professional as determined by a court or other forum of competent jurisdiction). This provision shall survive the termination of this Agreement. Section 9. Termination. Either Party may terminate this Agreement on 15 calendar days written notice, or if prior to such action, the other Party materially breaches any of its representations, warranties or obligations under this Agreement. Section 10. Assignment. The Contractor shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of the City. Section 11. Applicable Laws; Venue; Jurisdiction. The Contractor shall be subject to all federal, state, county and municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to the Services to be performed under this Agreement. The laws of Minnesota shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Ramsey County, Minnesota. The Parties agree to submit to the personal and subject matter jurisdiction of said court. Section 12. Default of the Contractor. In the event the Contractor fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the Services or of performance, and the failure is not corrected within 10 days after written notice by the City to the Contractor, the City may terminate this Agreement upon written notice to the Contractor. Section 13. Merger; Amendments. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been merged and incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the Parties except as may be otherwise provided therein. Section 14. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. If the invalid, unenforceable, or illegal provision results in impossibility of performance or materially frustrates the purpose of this Agreement, the Agreement may be terminated by written consent of both Parties without further obligations. Section 15. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three days after delivery set forth herein: Page 4 of 7 537409v3 JGM LA135-3 If to the City: The City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Attn: The City Administrator If to the Contractor: Bauer Brother Salvage 2432 N 2nd Street Minneapolis, Minnesota Attn: (Signature pages follow) Page 5 of 7 537409v3 JGM L,A135-3 IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the below date. THE CITY OF LAUDERDALE By Mary Gaasch, mayor By Heather Butkowski, city administrator -clerk STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2018 by Mary Gaasch, mayor and Heather Butkowski, the city administrator - clerk of the city of Lauderdale, Minnesota, on behalf of the City. Notary Public Page 6 of 7 537409v3 JGM LA135-3 BAUER BROS., INC. By STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018 by the of Bauer Bros., Inc., a Minnesota corporation, on behalf of the corporation. Notary Public This instrument drafted by: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Page 7 of 7 537409v3 JGM LA135-3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date September 25, 2018 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Tobacco Ordinance DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In July, the City Council began researching and discussing what other cities were doing in regards to tobacco regulations. To date, eleven cities have raised the tobacco sales age to 21, others have restricted the sale of flavored tobacco, or they have done both. The Council reviewed materials from the Association of Nonsmokers -Minnesota in addition to taking comments from tobacco license holders. After discussion, the Council directed staff to con- tinue looking into the matter and work with the Public Health Law Center to draft ordinance revisions for discussion at a future meeting. Staff notified the two tobacco license holders in Lauderdale of this meeting where the Coun- cil is reviewing text that would put restrictions on the sale of tobacco. The draft is a work in progress. If the Council is interested in moving ahead with raising the sales age and/or re- stricting flavored tobacco, staff will need direction on implementation and enforcement dates. While the Council has the authority to make implementation effective upon adoption and publication, it would be ideal to get feedback from the sellers on how long it will take for them to sell existing inventory and train staff. The letter sent to license holders also indicted that a public hearing on the matter was sched- uled for October 9. Based on the feedback from this meeting and the public hearing, staff will continue to work on the draft text until such time as the Council decides to take action on the matter. OPTIONS: STAFF RECOMMENDATION: August 23, 2018 EES LLC / SuperUSA Edisson Siouffy 2424 Larpenteur Ave W Lauderdale, MN 55113 Dear Mr. Siouffy, CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7657 651-631-2066 FAX HEATHER. BUTKOWSKI@LAU DERDALEMN.ORG The Lauderdale City Council will be discussing potential revisions to the Tobacco, Tobacco Products, and Electronic Delivery Devices ordinance during the September 25 city council meeting. Items under consideration are changing the minimum age to purchase tobacco and restricting the sale of flavored tobacco products within the city of Lauderdale. Additionally, the City Council will hold a public hearing on the matter during their October 9 meeting. Both meetings will be held at City Hall, 1891 Walnut Street in Lauderdale beginning at 7:30 p.m. You are encouraged to attend these meetings if you so desire. The City Council is also accepting written comments on the matter that can be address to me at the address above or at heather.butkowski@lauderdalemn.org. Sincerely, Heather Butkowski City Administrator Heather Butkowski From: b@b.com Sent: Thursday, August 09, 2018 8:26 AM To: *LAUCouncil Subject: Concern Over Pending Tobacco Ordinance Hello, As a resident of Lauderdale, I'm writing to respectfully express my concern for the tobacco purchasing age increase, tobacco flavor ban under consideration. These restrictions will cause more harm than good in our community in multiple ways, including: • Driving business to surrounding communities that do not have the same tobacco restrictions. • Providing surrounding businesses an unfair competitive advantage by banning my business from selling legal tobacco products to legal age consumers. • Forcing police departments to regulate a new tobacco ordinance while issues with opioid abuse and homicide continue to plague the U.S. • Opening up an opportunity for criminals to sell tobacco products illegally on the black market, which can result in an increase in crime, violence and youth access to tobacco products. Additionally, these ordinances limit the freedoms and choices of legal adults who can get married, serve our country and vote for leaders, such as yourself. While I understand the concern for public health, please rest assured we only sell legal tobacco products to legal age adults. In fact, our staff goes through extensive training to keep tobacco products away from underage individuals. We are doing our part to be responsible members of the local business community by responsibly selling legal tobacco products to adults. I am in favor of any laws that will benefit the public health, but I can't support an ordinance that doesn't support my livelihood. For the sake of Lauderdale community and local businesses, please vote "no" on the tobacco purchasing age increase, tobacco flavor ban under consideration. Please contact me if you have any questions. Thank you, b 1 Heather Butkowski From: Melissa Walker <melissasuewalker@gmail.com> Sent: Monday, September 10, 2018 6:39 PM To: *LAUCouncil; Mary Gaasch; Jeff Dains; Kelly Dolphin; Roxanne Grove; andi.moffat@lauderdalemn.org Subject: Tobacco ordinances Dear City Council Members, I'm so encouraged to hear that Lauderdale is considering updated ordinances to restrict the sale of flavored tobacco products as well as all tobacco to those under age 21. My oldest child just started middle school last week at RAMS (she just turned twelve this summer) and she reported on the very first day that she saw vaporizers on the bus and in school. I can't imagine the next generation of smokers getting hooked IN SCHOOL at age 12 :( My husband is a smoker (regretfully) and we both support any regulations that can help keep tobacco out of the hands of this next generation. Thank you all for taking a stand for our collective public health interests! Many Thanks, Melissa Walker & Jesse O'Neill-Oine, Parents of Jane, Liam & Margaret 1895 Pleasant Street i Looking to see Lauderdale raise the tobacco purchase age To the Editor: It's exciting to see that Lauderdale wants to protect its youth from the predatory tobacco industry. As a mother, it's important tome to keep youth from starting an addictive and deadly habit. Raising the tobacco sales age to 21 and restricting the sale of flavored products would be a strong one-two punch at the industry, which will reduce youth tobacco use in our city. About 95 percent of youth start before they are 21. If they don't start by the time they are 21, they likely never will. The . tobacco industry has a long history of target- ing youth' with its products. Flavors such as straw- berry, grape and chocolate are one way the industry attempts to attract youth. I was alarmed when I saw youth tobacco use went up for the first time in 17 years, mostly because of e -cigarette use, which is at an all-time high. Brands like JUUL are designed to pack a huge nicotine hit and deceptively look like a USB drive. Most youth are not aware of the addictive properties of nicotine. I'm encouraged by the growing number of com- munities nationwide, including 11 cities here in Min- nesota, that have raised the age to 21. Minnesota is often recognized as a leader in health, and city leaders have a unique opportunity to take action. I'd like to see Lauderdale join the list of cities that have passed this policy. It is an essential step to prevent young people in our community from becoming addicted to tobacco products. Melissa Walker` Lauderdale Heather Butkowski From: Jessica Winkelaar <jwinkelaar@gmail.com> Sent: Monday, September 17, 2018 5:22 PM To: Heather Butkowski Subject: Tobacco 21 Ordinance Hello, Heather, My name is Jess Winkelaar and I live at 1747 Malvern Street. I support the proposed city ordinance that raises the age of tobacco purchase to 21 and restricts the sale of menthol and flavored tobacco products. Thank you, Jess Alice Hausman State Representative September 14, 2018 Lauderdale City Council 1891 Walnut St. Lauderdale, MN, 55113 Minnesota House of Representatives Dear Mayor Gaasch and Members of the City Council: I strongly support your efforts in working on an ordinance to increase the tobacco sales age to 21, as well as restricting the sale of flavored tobacco products including menthol to adult only tobacco shops. According to the 2017 Minnesota youth tobacco survey, tobacco use among high school students has increased for the first time in seventeen years. Now more than ever, we need local governments to stand up and work to put policies in place that protect the health of our community and reduce disparities. Eleven Minnesota cities, including Roseville and Falcon Heights have passed ordinances that increase the tobacco sales age from 18 to 21. As a State Representative, I've advocated for and supported many tobacco prevention policies. A bill to increase the tobacco sales age to 21 was introduced last session, but we were unable to have a hearing at the State level. It's pressing to have local governments take on the leadership role by passing these lifesaving policies. Restricting the sales of flavored tobacco products and increasing the age gap between young people and those who can legally buy tobacco will reduce youth access to tobacco, remove these products from our high schools and ensure Lauderdale youth don't suffer from a lifetime of tobacco addiction. By adopting this ordinance, Lauderdale will be taking the rights steps in creating a tobacco free generation. Thank you for putting the health of your community first. Sincerely, Alice Hausman State Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-1298 TDD (612) 296-9896 NOT PRINTED AT GOVERNMENT EXPENSE (612) 296-3824 - RAMSEY COUNTY Saint Paul — Ramsey County Public Health September 11, 2018 Lauderdale City Hall 1891 Walnut St. Lauderdale, MN 55113 Dear Mayor Gaasch and members of the Lauderdale City Council, The Saint Paul - Ramsey County Public Health Department supports the City of Lauderdale's proposed ordinance to raise the tobacco sales age to 21 and restrict the sale of all flavored tobacco to adult -only tobacco stores. Attached is a copy of the Ramsey County Board resolution supporting this action. Despite great progress, smoking claims the lives of more than 6,300 Minnesotans each year and costs our state more than $7 billion every year in excess health care costs and lost productivity. To reduce tobacco's negative impact and improve the health of our communities, it is critical that we prevent youth tobacco initiation. The National Academy of Medicine reports that there would be a 25 percent reduction in smoking initiation among 15- to 17-year-olds if the tobacco sales age was raised to 21. Results from the 2017 Minnesota Youth Tobacco Survey show that for the first time in 17 years, youth tobacco use has increased. This is mainly due to electronic cigarette (e-cigs) use. One in five Minnesota high school students currently uses e-cigs, which constitutes nearly a 50 percent increase since 2014. E-cigs often contain high levels of nicotine, which is addictive and known to harm adolescent brain development. These products come in many flavors which appeals to youth, such as cotton candy, mango, and fruit punch. E- cigs also threaten to reverse the trajectory of our historic public health success in youth tobacco prevention. Therefore, it is imperative that e -cigarettes be included in local tobacco 21 ordinances. We are particularly pleased to see that you are including menthol in your flavor restrictions. Mint and menthol flavored tobacco products mask the harshness of tobacco and cools the throat, which makes it easier for young people to start smoking. Menthol also makes it harder for people to quit. Removing fruit, candy and mint flavored tobacco products from stores where youth shop and getting them out of the high school environment are proven strategies to reduce youth tobacco use. Lauderdale's action to raise the tobacco sales age and restrict fruit, candy and mint flavored tobacco will prevent future generations from a lifelong addiction to tobacco. Thank you for your leadership on this significant public health issue and for making Ramsey County a healthier place to live. Sincerely, Kathy Hedin, Interim Director Encl. Healthy people, communities and environments in Ramsey County. 90 Plato Blvd. West, Suite 200 Saint Paul, MN 55107 Phone: (651) 266-2400 Fax: (651) 266-2593 TTY: (651) 266-2594 www.co.ramsey.mn.us RAMSEY COUNTY BOARD OF COMMISSIONERS RESOLUTION Presented By: Commissioner Ortega Date: September 12, 2017 No. B2017-211 Attention: Public Health Page 1 of 2 WHEREAS, Ramsey County is committed to being a vibrant community where all are valued and thrive; and WHEREAS, Ramsey County seeks to strengthen individual, family and community health, safety and well-being through prevention and early intervention; and WHEREAS, Ramsey County seeks to reduce tobacco rates and tobacco -related disease prevalence among adults and youth; and WHEREAS, As a merged Public Health Department, Saint Paul - Ramsey County Public Health is responsible for acting in the health interests of both the City of Saint Paul and Ramsey County; and WHEREAS, Tobacco use is the single most preventable cause of disease and death; and WHEREAS, Long-term tobacco use is directly related to many illnesses, including lung, oral and pharyngeal cancer, heart disease, and lung diseases, such as emphysema and bronchitis; and WHEREAS, In 2009 the federal Family Smoking Prevention and Tobacco Control Act prohibited the sale of flavored cigarettes, but exempted menthol, allowing mentholated tobacco products to continue being sold; and WHEREAS, The harshness of the smoke is masked with menthol flavoring, making it easier for young people to start smoking and harder for people to quit; and WHEREAS, Mentholated tobacco products have been shown to be the "gateway" product for youth who begin smoking; and WHEREAS, National surveys show that mentholated tobacco products are particularly attractive to children with 47.7% of adolescent smokers (age 12-17) reporting menthol cigarette use compared to 40.8% of young adult smokers (age 18-25) and 31.5% of adult smokers (age 26 and older); and WHEREAS, Data show that mentholated tobacco products are used disproportionately in communities of color, in areas of concentrated poverty, with 82.6% of African American smokers, 32.3% of Hispanic or Latino smokers, and 31.2% of Asian American smokers using mentholated tobacco products as opposed to 23.8% of White smokers; and Ramsey County Board of Commissioners Toni Carter Blake Huffman Jim McDonough Mary Jo McGuire Rafael Ortega Janice Redman Victoria Reinhardt YEA NAY OTHER X X X X X X X Victoria Reinhardt, Chair By: Janet M. Guthrie Chief Clerk — County Board BOARD OF COMMISSIONERS RAMSEY RESOLUTION COUNTY Presented By: Commissioner Ortega Date: September 12, 2017 No. B2017-211 Attention: Public Health Page 2 of 2 WHEREAS, A study showed 56.1% of all respondents and 75.8% of African American respondents supported the restriction of mentholated tobacco products; and WHEREAS, Many menthol smokers would quit smoking if mentholated tobacco products were restricted, especially African American (44.5%) and female (44.0%) menthol smokers; and WHEREAS, One model of smoking in the U.S. concludes that if mentholated tobacco products were restricted, between 2010 and 2020, over 2.2 million people would not start smoking and by 2050, the number of people who would not start smoking would reach 9 million; and WHEREAS, A leading model of smoking in the U.S. predicts that a 10% quit rate among menthol smokers would save thousands of lives, preventing 4,000 smoking -attributable deaths in the first ten years and that 300,000 lives would be saved over forty years, with approximately 100,000 of the lives saved being African Americans; and WHEREAS, The Saint Paul - Ramsey County Community Health Services Advisory Committee, which advises and assists the Ramsey County Board of Commissioners with its public health responsibilities, encourages all cities in Ramsey County adopt an ordinance to restrict the sale of mentholated tobacco products; and WHEREAS, The Ramsey County Board of Commissioners has previously taken actions to regulate tobacco and smoking to promote public health and community well-being as additional data and information about the harmful effects of smoking have emerged; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners supports restrictions to sales of mentholated tobacco products to adults only, tobacco only retail stores throughout all Ramsey County jurisdictions by August 31, 2018. Ramsey County Board of Commissioners YEA NAY OTHER Toni Carter Blake Huffman Jim McDonough Mary Jo McGuire Rafael Ortega Janice Rettman Victoria Reinhardt X X X X X X X Victoria Reinhardt, Chair By net M. Guthrie Chief Clerk — County Board American American Heart Stroke Association Association. life is why - August 28, 2018 Dear Mayor Gaasch and the Lauderdale City Council Members, The American Heart Association is the nation's oldest and largest voluntary organization dedicated to building healthier lives free from heart disease and stroke — two of the leading causes of death in the United States. Our non-profit and non-partisan organization includes more than 30 million volunteers and supporters across the country and in Minnesota. Today, one -out -of -three Americans suffer from one or more forms of cardiovascular disease (CVD). We are writing to you today on their behalf and on behalf of the millions of other constituents with, or at risk of developing CVD. We are asking you to stop the start in Lauderdale and support raising the minimum sale age for tobacco products from 18 to 21, as well as restricting menthol cigarettes to adult only tobacco stores. Every day, the 1,200 Americans who die from tobacco -related diseases are replaced by two smokers under the age of 26. Menthol cigarettes are one of many products peddled to our nation's youth with the intent of addicting a new generation. Menthol cigarettes are one product that lures young people into a deadly habit and sets them on the road to early hardening of the arteries and coronary artery disease in adulthood. The National Academy of Medicine reports that there would be a 25 percent reduction in smoking initiation among 15 -to -17-year-olds if the age to purchase tobacco was raised to 21. Preventing youth from starting to smoke is essential to reducing smoking prevalence, considering that almost 95 percent of addicted adult smokers started before age 21. Increasing the age gap between kids and those who can legally buy tobacco will help remove access to tobacco products from the high-school environment and stop the start. Several states and local governments throughout the country have already passed this life-saving policy to protect youth. Hawaii and California were the first states to raise the age to purchase tobacco to 21 and Maine, Oregon, New Jersey and Massachusetts recently joined them. More than 330 municipalities in the United States have raised the age to purchase tobacco to 21 including the city of Chicago. In Minnesota, the cities of Edina, St. Louis Park, Bloomington, Plymouth, North Mankato, Shoreview, Falcon Heights, Roseville, Richfield, St. Peter and Minneapolis have also raised the minimum age to purchase tobacco from 18 to 21 and many cities statewide are considering adopting this policy. In 2005, Needham, MA increased the tobacco purchase age to 21 and saw the smoking rates among high school students fell by nearly half. "Building healthier lives, free of cardiovascular diseases and stroke." life is why- es por la vida- fj Ple:lse nnnembet the America ll ll%dI1 ilsrocinlion in your will. meaoitway That is why we urge you to protect our youth and pass this life-saving policy in Lauderdale. Let's keep the momentum going in Minnesota and have Lauderdale be the next city to stop the start! Sarah Sanchez Community Advocacy Director American Heart Association - 2750 Blue Water Road —Suite 250 - Eagan, MN 55121 952-278-7908 sarah.sanchez@heart.org Clem Way MINNESOTA September 20, 2018 The Honorable Mary Gaasch and Members of the Lauderdale City Council Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Dear Mayor Gaasch and Council Members: I am the Chief Executive Officer of ClearWay Minnesota, an independent nonprofit organization that works to reduce tobacco's harm in our state. I am writing to urge you to support raising Lauderdale's tobacco age to 21 and restricting the sale of flavored tobacco products to adult -only tobacco stores. The devastating harms of tobacco addiction are well documented. For elected leaders such as yourselves, the question is not "What does smoking do?" but "What can we do to stop it?" Tobacco 21 and restricting the sale of flavored tobacco products both address that question in the best possible way: by preventing kids from starting. The vast majority of addicted smokers start at very young ages. About 95 percent of adult smokers begin before age 21. That means everything possible should be done to stop young people from smoking before they reach that age. Immediate action is needed because, for the first time in 17 years, youth tobacco use has risen in Minnesota. The 2017 Minnesota Youth Tobacco Survey found that more than 26 percent of high- school students report using tobacco products, up 7 percent since 2014. This frightening trend is driven largely by a sharp rise in e -cigarette use and the popularity of flavored tobacco products among youth. Nicotine harms the developing adolescent brain, whether in a cigarette, e -cigarette, flavored cigar or other product. In a new health advisory, the Minnesota Department of Health called youth nicotine addiction a "major health concern" and the FDA recently said youth e -cigarette use is an "epidemic." Communities can — and must — do more to keep young people from getting hooked on commercial tobacco products in all forms. Tobacco 21 prevents youth smoking by creating barriers to getting tobacco products from social sources. Most kids get cigarettes from older friends. Raising the tobacco sale age to 21 will help get cigarettes out of high schools, where there are plenty of 18-year-olds but no 21 -year-olds. Restricting the sale of flavored tobacco products to adult -only stores takes this effort a step further, by removing flavored tobacco products from places youth frequent. The tobacco industry uses kid -friendly flavors to target the next generation of smokers. Cheap cigars and e -cigarettes are commonly sold in flavors like bubble gum and cotton candy. It's not surprising then that we're seeing the following: • 80 percent of youth tobacco users use flavored tobacco; • Cheap cigars are commonly sold in sweet flavors, and nationally, high-school students are nearly twice as likely as adults to report smoking cigars; Reducing tobacco's harm. • Nearly 40 percent of Minnesota high-school students have tried e -cigarettes, which come in kid -friendly flavors like gummy bear and cotton candy; • A nearly 50 percent surge in Minnesota high-school students using e -cigarettes — from 13 percent in 2014, to 19 percent in 2017. Flavored products mask the harshness of tobacco, but they are just as addictive and dangerous as other tobacco products. Restricting the sale of flavored tobacco products prevents a lifetime of tobacco addiction and will help create a healthier future for our kids. We all bear the costs of tobacco use, which is the leading cause of preventable death and disease in Minnesota. Tobacco costs our state an estimated $7 billion in health and lost productivity, and takes the lives of more than 6,300 Minnesota residents each year. Preventing youth from ever starting tobacco will help reduce this tremendous burden on our state. Momentum is growing to reduce youth tobacco use through common-sense policy. Six U.S. states and more than 330 municipalities across the country, including 12 in Minnesota, have already raised the tobacco sales age to 21. Already there are studies showing youth smoking reductions from Tobacco 21, and Minnesota research projects huge declines in youth smoking if these policies are adopted statewide. In addition, several local governments in Minnesota have taken action to restrict the sale of flavored tobacco products to protect youth. Four cities have restricted the sales of flavored tobacco products, excluding menthol products, to adult -only stores. Four more Minnesota cities have restricted the sales of all flavored tobacco products — including menthol — to adult -only stores. Combining tobacco flavor restrictions with Tobacco 21 will make a huge difference in reducing tobacco use in Lauderdale. These two policies complement each other by addressing different parts of the tobacco market and tobacco -related disparities. Combined, they will yield significant health improvements for the city, especially for youth. With those goals in mind, it bears repeating that increasing the tobacco age should not be about punishing our kids. Rather, it should be about protecting them from a lifetime of addiction. As you continue to discuss increasing the tobacco age in Lauderdale, please move forward with an ordinance that does not include penalties related to purchasing, using and possessing tobacco products (often called PUP penalties). Stopping youth smoking doesn't just prevent future disease and death, it also reduces excess medical costs, which are an enormous burden on individuals, families and taxpayers. I hope Lauderdale will consider and pass these life-saving policies. Thank you. Sincerely, David J. Willoughby, M.A. Chief Executive Officer ClearWay Minnesota'M CITY OF LAUDERDALE ORDINANCE NO. 18-02 An Ordinance Amending Title 3, Chapter 6 of the Code of Ordinances Regarding Tobacco, Tobacco Products, Tobacco -Related Devices, Nicotine or Lobelia Delivery Devices, and Electronic Delivery Devices The city council of the city of Lauderdale ordains as follows: SECTION 1. Title 3, Chapter 6 of the Lauderdale City Code is amended by deleting the stricken material and inserting the double -underlined material as follows: CHAPTER 6 TOBACCO, TOBACCO PRODUCTS, TOBACCO -RELATED DEVICES, NICOTINE OR LOBELIA DELIVERY DEVICES, AND ELECTRONIC DELIVERY DEVICES SECTION: 3-6-1: Purpose 3-6-2: Definitions 3-6-3: License Required 3-6-4: Basis for Denial of License 3-6-5: Prohibited Sales 3-6-6: Self -Service Sales 3-6-7: Responsibility 3-6-8: Compliance Checks and Inspections 3-6-9: Exceptions and Defenses 3-6-10: Violations and Penalties 3-6-11: Severability 3-6-1: PURPOSE: The Cit reco nizes that marketin and •ublic health research and tobacco industr documents outh reveal that tobacco com and oun • adults and that the presence of flavors in tobacco products can make it more difficult for outh oun adult and adult tobacco users to • uit. The Cit further reco nizes that oun anies have used fruit cand and alcohol flavors as a wa 0 ar et eo•le are •articularl susce •tible to the addictive -o •erties of tobacco •roducts and are •articularl likel to become lifelon• users. National data show that rouahly 95 •ercent of adult smokers begin smoking before the turn 21 ears of a . The a•es of 18 to 21 are a critical •eriod when many smokers move from experimental smoking to regular, dail use. Tobacco use has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. The purpose of this ordinance is to regulate the sale, possession, and use of tobacco, tobacco products, tobacco -related devices, nicotine or lobelia delivery devices, and electronic delivery 536406v1 DTA LA135-3 devices for the purpose of enforcing and furthering existing laws, to protect minors adolescents against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco - related devices, nicotine or lobelia delivery devices, and electronic delivery devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes, section 144.391. 3-6-2: DEFINITIONS: The following words and phrases, as used in this Chapter, shall have the meanings ascribed to them. CHILD -RESISTANT PACKAGING: Packa•in• that meets the effectiveness s.ecifications set forth in Code of Federal Regulations, title 16, section 1700.15(b) and that was tested in accordance with the method described in Code of Federal Re • ulations title 16 section 1700.20. COMPLIANCE CHECKS: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco related devices, and electronic delivery devices regulated products are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors persons under the age of 21, which may include minors, as authorized by this ordinance. ELECTRONIC DELIVERY DEVICES: Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. FLAVORED PRODUCT: Any regulated product that contains a taste or smell, other than the taste or smell of tobacco that is distinguishable b an ordinar consumer either .rior to or Burinthe -elating to chocolate consum tion of the roduct includin but not limited to an taste or sme cocoa menthol mint winter!reen vanilla hone fruit or an cand dessert alcoholic bevera e herb or s.ice. A •ublic statement or claim whether ex.ress or im.lied made or disseminated b the manufacturer of a re ! ulated .oduct or b an erson authorized or .emitted b the manufacturer to make or disseminate ublic statements concernin such roducts hat a .roduct has or produces a taste or smell other than tobacco will constitute .resum.tive evidence that the product is a flavored product. INDIVIDUALLY PACKAGED: The practice of selling any tobacco or tobacco product wrapped a single pack or other container as described in this defin packaged. 536406v1 DTA LA135-3 2 INDOOR AREA: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. LOOSIES: The common term used to refer to a single cigarette or any other tobacco product that has been removed from its packaging and sold individually. MINOR: Any natural person who has not reached the age of 18 years. MOVABLE PLACES OF BUSINESS: Any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. NICOTINE OR LOBELIA DELIVERY DEVICE: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco- de•endence •roduct or for other medical •u •oses and is marketed and sold for such an as iroved purpose. REGULATED PRODUCTS: The term that collectively refers to any tobacco, tobacco -related device nicotine or lobelia deliver device or electronic deliver device. RETAIL ESTABLISHMENT: Any place of business where tobacco, tobacco products, tobacco related devices, or electronic delivery devices regulated products are available for sale to the general public. SALE: Any transfer of goods for money, trade, barter, or other consideration. SMOKING: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. TOBACCO or TOBACCO PRODUCTS: Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including, but not limited to; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 536406v1 DTA LA135-3 3 TOBACCO -RELATED DEVICES. Tobacco -related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking or vaping of tobacco or tobacco products. Tobacco -related devices shall include components of tobacco -related devices, which may be marketed or sold separately. VENDING MACHINE. Any electric or electronic mechanical device which dispenses tobacco, tobacco products tobacco related devices or electro - • - . • - regulated products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device regulated products. 3-6-3: LICENSE REQUIRED: A. TOBACCO RETAILER LICENSE REQUIRED: No person shall sell or offer to sell any tobacco, tobacco products, tobacco related devices, or electronic delivery devices regulated products without first having obtained a license to do so from the City. B. LICENSE FEE: The annual license fee shall be as established from time to time by resolution of the City Council. No license shall be issued until the appropriate license fee is paid in full. For periods shorter than one year the license fee shall be the full amount.) C. APPLICATION: Every person or business desiring to obtain a license to sell tobacco, tobacco products, tobacco related device, : • - - - - . • - regulated products shall file an application in writing with the City Clerk. The application must state the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, whether such business is that of an individual, sole proprietor, firm, partnership, or corporation and the address where the business is to be conducted. If the City Clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Upon receipt of a completed application and the annual license fee, the City Clerk shall forward the application to the City Council. D. INVESTIGATION; ISSUANCE: The City Clerk shall present the application to the City Council and the City Council shall order such investigation as it deems necessary. After the investigation, the City Council shall grant or deny the application. In the event of the application being granted, the City Clerk shall issue the license. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision as provided in 3-6-10. E. TERM OF LICENSE: The license shall expire on December 31 following its issuance. F. SEPARATE LICENSE REQUIRED: A license shall permit the licensee to sell tobacco, - . ' - : - - - regulated products at the one location specified in said license. A separate license shall be required for each location. 536406v1 DTA LA135-3 C. 4 G: TRANSFERS: All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. No transfer of any license to another location or person shall be valid without prior approval of the City Council. H: MOVABLE PLACE OF BUSINESS: No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. I: DISPLAY OF LICENSE: The license shall be displayed by the licensee in a prominent and conspicuous place at the licensed location. J: REVOCATION OR SUSPENSION: Any license issued under this section may be revoked or suspended as provided in 3-6-10. K: ISSUANCE AS PRIVILEGE AND NOT A RIGHT: The issuance of a license under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. L: SMOKING PROHIBITED IN TOBACCO RETAIL ESTABLISHMENTS: Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a tobacco retailer license. Smoking for the purposes of sampling devices, or electronic delivery devices regulated products is prohibited. 3-6-4: BASIS FOR DENIAL OF LICENSE: • A. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: i. The applicant is under the age of 18 21 years. ii. The applicant has been convicted within the past five years of any violation of federal, state, or local laws, ordinance provisions, or other regulation relating to regulated products. iii. The applicant has had a license to sell tobacco, tobacco products, tobacco related regulated products suspended or revoked hy any issuing authority within the preceding 12 months of the date of the application. • iv. The applicant fails to provide any information required on the application, or provides false or misleading information. v. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. Except as may otherwise be provided by law, the existence of any particular ground for denial 536406v1 DTA LA135-3 5 does not mean that the City must deny the license. C. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 3-6-5: PROHIBITED SALES: A. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco regulated products as follows: i. To any person under the age of 1 g 21 years. By means of any type of vending machine. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive tobacco, tobacco products, tobacco related devices, or electronic delivery device:, regulated products and whereby there is not a physical exchange of the tobacco, tobacco products, tobacco relate devices, or ele . - regulated products between the licensee, or the licensee's employee, and the customer. chiv. By means of loosies. e:v. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. B. In ever transaction involvin! the sale of re ulated •roducts the seller whether the licensee or its em.lo ee or a ent must veri the bu er's aye as at least 21 ears b means of a ! overnment- issued •hoto!ra.hic identification. Said verification is not re•uired for a .erson over 30 age. However, that the buyer appeared to be 30 years of a• to a violation of this subsection. Notice of the age verification requirement and legal sales age shall be posted conspicuously at each licensed premises. e or o der does not cons ears of itute a defense C. It shall be a violation of this chapter for any person to sell or offer to sell any liquid which is intended for human consumption and use in an electronic delivery device, whether or not such liquid contains nicotine, in packaging that is not child -resistant. Upon re uest, a licensee shall •rovide the Cit with a coof a certificate of com•liance or a full laborator testin• resort to verify compliance with this paragraph. D. It shall be a violation of this chapter for any person to sell or offer to sell any flavored products. This prohibition shall not apply to licensed establishments that: i. Prohibit persons under 21 from entering at all times; 536406v1 DTA LA135-3 6 ii. Derive at least 90 percent of their revenues from the sale of regulated products• and iii. Adhere to all of the following building or structural criteria: W Share no wall with and have no part of their structure adjoined to any other business or retailer unless the wall is permanent, completely opaque, and without doors, windows, and pass-throughs to the other business or retailer; a2 Share no walls with and have no part of their structure directly adjoined to another licensed tobacco retailer; and L3 Are only accessible by the public through an exterior door. An licensee that sells flavored .roducts shall u.on re.uest b the Cit.rovide the Cit with financial records that document annual sales and blueprints of the licensed premises that provide for its structural layout. 3-6-6: SELF-SERVICE SALES: All tobacco, tobacco products, tobacco related devices, or electronic delivery devices regulated products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. This subsection shall not apply to licensed establishments that otherwise meet the standards set forth in subsection 3-6-5(D)(i)-(iii). 3-6-7: RESPONSIBILITY: All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of :.. :, :.. .... - - - regulated products on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk employees to whatever penalties are appropriate under this chapter, state, or federal law, or other applicable law or regulation. 3-6-8: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the City's contracted police department or other authorized city official during regular business hours. From time totime, the City's contracted police department shall coordinate compliance checks by engaging minor; persons over the age of 15 years but less than 18 21 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco related devices, or electronic delivery devices regulated products. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors Persons under the age of 21 used for compliance checks shall not be guilty of unlawful possession of - '- • - - , - - - - - - regulated products when those items are obtained as part of the compliance check. No minor person used in compliance checks shall attempt to use a false identification misrepresenting the minor's person's age, and all minors persons lawfully engaged in a compliance check shall truthfully answer all questions about the minor's person's age asked by the licensee or his or her employee 536406v1 DTA LA135-3 • 7 and shall produce any identification, if any exists, for which he or she is asked. 3-6-9: EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of tobacco, tobacco products, tobacco related dev' - , - - - - • - regulated products to a minor any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. 3-6-10: VIOLATIONS AND PENALTIES: Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor under Minnesota Statute& Ssection 609.03 as it may be amended from time to time by the Minnesota Legislature. The cost of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. A. GENERALLY. The license holder shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this article shall be considered an act of the license holder for purposes of imposing a civil penalty, license suspension, or license revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense B. NOTICE OF VIOLATION. Upon the occurrence of a violation, the police department shall inform the city administrator of the violation. The city administrator shall then send to the license holder a written notice of the civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this article. C. ADMINISTRATIVE CIVIL PENALTIES; LICENSEE: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the State of Minnesota as follows: (i) First violation: The first violation of this chapter shall be punishable by a civil penalty of $200.00. (ii) Second violation: A second violation of this chapter within any twenty -four-month period shall be punishable by a civil penalty of $400.00 and a three-day suspension of the license. (iii) Subsequent violation: A third or subsequent violation of this chapter within any twenty -four-month period shall be punishable by revocation of the license for one year plus a civil penalty of $800.00. D. ADMINISTRATIVE CIVIL PENALTIES; INDIVIDUALS: An individual who sells a re ! ulated . roduct to a • erson under the a ! e of 21 ears shall be char ed an administrative s enal of $50. 536406v1 DTA LA135-3 8 DE. HEARING: Following receipt of a notice of a violation and penalty issued under this section, the license holder or individual may pay the penalty or request a hearing before the City Council. A request for a hearing shall be made by the individual or license holder in writing and filed with the city administrator or designee within ten days of the mailing of the notice of the alleged violation. Following receipt of a written request for hearing, the individual or license holder shall be afforded an opportunity for a hearing before the council. BF. FINDINGS: If after the hearing the license holder or individual is found in violation of this chapter, the council shall impose a penalty. Based upon the findings, the penalty may be adjusted at the discretion of the council. The decision that a violation has occurred must be in writing. EG. DEFAULT: If the individual or license holder has been provided written notice of the violation and if no request for a hearing is filed within the ten-day period, then the civil penalty, suspension or revocation imposed in this chapter shall take immediate effect by default. The city administrator or designee shall mail notice of the fine, suspension, or revocation to the individual or license holder. 3-6-11: SEVERABILITY If any section or provision of this chapter is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. SECTION 2. This ordinance shall be effective Adopted by the Lauderdale City Council this day of , 2018. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator -Clerk Published in the Roseville Review this day of , 2018. 536406v1 DTA LA135-3 9 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X X X Meeting Date September 25, 2018 ITEM NUMBER 2019 Budget and Levy STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The proposed budget balances at $1,437,074 for 2019, an increase of 3.6% ($50,650) over 2018. The balanced budget requires a levy increase of 5.8% or $44,590. The impact of the city's levy increase is approximately $39.00 on a median valued home ($206,300) as resi- dential property values in Lauderdale are up 9.1% over last year. In addition to adopting the resolution establishing the levy at this meeting, the Council must also establish the date and time of the public hearing prior to adopting the final budget and levy later in the year. Usually the rules regarding this meeting require it to be held at our last meeting of the year in December. This year the timing works such that the public hear- ing can be held on November 27. Staff prefer holding the public hearing early so that feed- back can be worked into the budget prior to adoption on December 11. STAFF RECOMMENDATION: Motion to adopt Resolution 092518D—A Resolution Adopting the 2019 Preliminary Tax Levy and Establishing the Budget Meeting Date. RESOLUTION 092518D CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE 2019 PRELIMINARY PROPERTY TAX LEVY AND ESTABLISHING THE BUDGET MEETING DATE WHEREAS, the City annually adopts an operating levy for the coming year in accordance with Minnesota Statutes; and WHEREAS, Minnesota Statutes 275.065, Subdivision 1 requires cities to certify a maximum proposed levy on or before September 30, 2018 and to establish a public meeting date for the purpose of discussing said proposed levy. NOW, THEREFORE BE IT RESOLVED, that: Section 1: The preliminary 2019 levy to be certified to the Ramsey County Auditor of $810,104, inclusive of anticipated fiscal disparities revenue, is hereby established as the maximum possible levy for property taxes paid in 2019. Section 2: That Tuesday, November 27, 2018 is hereby established for the public meeting on the proposed 2018 budget and tax levy to be held at the City Hall Council Chambers beginning at 7:30 p.m. Adopted by the City of Lauderdale this 25th day of September, 2018. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator TRUTH IN TAXATION PUBLIC HEARING DATES FOR TAXES PAYABLE IN 2019 Taxing District: City of Lauderdale Contact Person: Ms. Heather Butkowski Phone: (651) 792-7650 Listed below is the 2018 data for the (1) date and time of the hearing, (2) location of the public hearing, (3) the phone number to be published and (4) the mailing address for written responses. Please review this information and make the necessary changes or indicate, by putting an "X" next to SAME, that this information is what should be published in the Truth in Taxation Notice. 1) Public Hearing Date: November 27, 2018 Time: 7:30 p.m. 2) Location: Address: 3) Phone: ********************************************************************************************** Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Same X or see changes below ********************************************************************************************** Same _X_ or see changes below (651) 792-7650 ********************************************************************************************** 4) Mailing Address: City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Same _X_ or see changes below ********************************************************************************************** Please return this form to the address below with your proposed levy certification by October 1, 2018. Dick Sivanich, Tax Accounting Supervisor Ramsey County Records & Revenue 90 West Plato Boulevard P.O. Box 64097 St. Paul, MN 55164-0097 Phone #: (651) 266-2042 Fax #: (651) 266-2199 Minnesota's First Home Rule County FOR COUNTY, CITY AND SPECIAL TAXING DISTRICT LEVY CERTIFICATION PROPOSED TAXES PAYABLE IN 2019 City of Lauderdale (Governmental Agency) CERTIFIED PROPOSED LEVY NET TAX CAPACITY BASED LEVIES 1) General $ 810,104 2) Debt 3) Other (Please Specify) 4) 5) 6) 7) 8) 9) 10) Total Net Tax Capacity Based Levies (Total 1 through 9) MARKET VALUE BASED LEVIES $ 810,104 11) 12) 13)Total Market Value Based Referendum Levies 14)Total Certified Levy (Total 11 & 12) (Total 10 & 13) I, the authorized representative of the above mentioned Governmental Agency, certify that the foregoing information is accurate to the best of my knowledge. City Administrator 9/26/2018 Signature of Authorized Representative Phone Number of Contact Person 651.792.7657 Title Date CITY OF LAUDERDALE GENERAL FUND REVENUES 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-00000-410-31010 CURRENT AD VALOREM TAXES $ 572,135 $ 634,045 $ 670,231 101-00000-410-31020 DELINQUENT AD VALOREM TAXES $ 4,587 $ $ - 101-00000-410-31400 FISCAL DISPARITIES $ 131,121 $ 131,469 $ 139,873 101-00000-410-31055 EXCESS TAX INCREMENT $ - $ $ - 101-00000-410-31900 PENALTIES AND INTEREST TAXES $ 64 $ $ - TAXES $ 707,908 $ 765,514 $ 810,104 101-00000-410-32110 LIQUOR LICENSES $ 450 $ 150 $ 150 101-00000-410-32180 TOBACCO LICENSES $ 1,000 $ 400 $ 400 101-00000-410-32190 OTHER BUSINESS LICENSES $ 2,025 $ 2,000 $ 2,000 101-00000-410-32192 HVAC CONTRACTOR LICENSES $ 1,350 $ 1,200 $ 1,200 101-00000-410-32240 ANIMAL LICENSES $ 123 $ 100 $ 100 101-00000-420-32210 BUILDING PERMITS $ 20,727 $ 17,000 $ 20,000 101-00000-420-32230 PLUMBING & HEATING PERMITS $ 9,020 $ 6,000 $ 8,000 101-00000-420-32270 RENTAL HOUSING LICENSES $ 2,106 $ 4,000 $ 4,000 101-00000-430-32261 EXCAVATING PERMITS $ 100 $ - $ - PERMITS & LICENSES $ 36,901 $ 30,850 $ 35,850 101-00000-410-33401 LOCAL GOVERNMENT AID $ 537,817 $ 539,562 $ 539,622 101-00000-410-33422 OTHER STATE GRANTS & AIDS $ 1,198 $ 1,198 $ 1,198 101-00000-410-33423 OTHER GRANTS & AIDS $ 5,000 $ - $ - INTERGOVERNMENTAL REVENUE $ 544,015 $ 540,760 $ 540,820 101-00000-410-34101 CITY HALL RENT $ 5,350 $ 5,000 $ 4,500 101-00000-410-34103 ZONING & SUBDIVISION FEES $ 1,900 $ 1,000 $ 1,000 101-00000-420-34104 PLAN REVIEW FEES $ 10,888 $ 5,000 $ 5,000 101-00000-410-34105 SALE OF MAPS & PUBLICATIONS $ - $ - $ - 101-00000-410-34108 ADMINISTRATIVE FEES $ - $ - $ - 101-00000-420-34202 SPECIAL FIRE PROTECTION SERVICES $ 1,928 $ 600 $ 600 101-00000-420-34206 MOWING & GARBAGE CLEANUP $ - $ $ - 101-00000-430-34303 SNOW REMOVAL CHARGES $ - $ $ - 101-00000-450-34780 PARK SHELTER FEES $ 300 $ 300 $ 300 101-00000-450-34920 MERCHANDISE SALES $ 217 $ 400 $ 400 CHARGES FOR SERVICES $ 20,582 $ 12,300 $ 11,800 7 Taxable Value x Tax % x Tax Rate = City Tax on $126,000 Home 2018-9.8% $100,100 1% 0.2992 Total Tax $299.49 2019-5.7% $100,100 1% 0.2902 Total Tax $290.48 DIFFERENCE ($9.01) -3 2019 PROPOSED LEVY IMPACTS ON LAUDERDALE HOMES City City City City City Total Levy Fiscal Disparities Net Local Levy Tax Capacity Tax Rate 2018-9.8% $765,514 $131,469 $634,045 $2,119,194 2019-5.7% $810,104 $139,873 $670,231 $2,309,612 Median Value 2016 $186,550 Median Value 2017 $184,350 Median Value 2018 $189,100 Median Value 2019 $206,300 29.92% 29.02% Taxable Value x Tax % x Tax Rate = City Tax on Median Lauderdale Ho 2018-9.8% $168,879 1% 0.2992 Total Tax $505.27 2019-5.7% $187,627 1% 0.2902 Total Tax $544.48 DIFFERENCE $39.21 .01% me .76% Taxable Value x Tax % x Tax Rate = City Tax on $300,000 Home 2018-9.8% $289,760 1% 0.2992 Total Tax $866.94 2019-5.7% $289,760 1% 0.2902 Total Tax $840.86 DIFFERENCE (S26.08) -3.01% 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-00000-420-35101 COURT FINES & ADMINISTRATIVE PENALTIES $ 24,046 $ 30,000 $ 30,000 101-00000-420-35200 FORFEITED & SEIZED ASSETS $ - $ $ - FINES & FORFEITS $ 24,046 $ 30,000 $ 30,000 101-00000-410-36101 SPECIAL ASSESSMENTS - COUNTY $ 3,600 $ $ - 101-00000-410-36102 PENALTIES & INTEREST $ 1,123 $ $ - 101-00000-410-36200 OTHER MISCELLEANOUS REVENUE $ 8,629 $ $ - 101-00000-410-36210 INTEREST ON INVESTMENTS $ (7,174) $ 5,000 $ 6,000 101-00000-410-36215 OTHER FEES (CREDIT CARD FEES) $ - $ $ 500 101-00000-410-36230 CONTRIBUTIONS & DONATIONS $ - $ $ - 101-00000-450-36230 CONTRIBUTIONS & DONATIONS (COMM EVENT $ 3,048 $ 2,500 $ 2,500 101-00000-420-36260 SURCHARGES COLLECTED $ 921 $ 1,000 $ 1,000 MISCELLANEOUS REVENUE $ 10,147 $ 8,500 $ 10,000 101-00000-410-39101 SALE OF CAPITAL ASSETS $ - $ - $ 101-00000-410-39200 TRANSFER IN $ - $ $ OTHER SOURCES $ $ $ TOTAL GENERAL FUND REVENUE $ 1,343,598 $ 1,387,924 $ 1,438,574 REVENUES OVER/UNDER EXPENDITURES $ - $ 0 $ FUND BALANCE - January 1 $ 758,551 $ 780,967 $ 780,967 FUND BALANCE - December 31 $ 780,967 $ 780,967 $ 780,967 CITY OF LAUDERDALE GENERAL FUND EXPENSE SUMMARY 2019 2017 2018 2019 Department Number Title Actual Adopted Proposed 41110 LEGISLATIVE $ 25,271 $ 27,953 $ 27,802 41320 CITY ADMINISTRATION $ 212,415 $ 227,951 $ 235,602 41410 ELECTIONS $ 16,083 $ 24,851 $ 17,957 41610 LEGAL $ 49,150 $ 23,000 $ 26,500 41910 PLANNING $ 65,259 $ 47,522 $ 38,038 41940 GENERAL GOVERNMENT BUILDINGS $ 19,318 $ 26,700 $ 29,500 GENERAL GOVERNMENT $ 387,495 $ 377,977 $ 375,399 42100 PUBLIC SAFETY $ 724,870 $ 743,174 $ 764,311 42400 BUILDING INSPECTIONS $ 40,623 $ 28,615 $ 47,412 PUBLIC SAFETY $ 765,493 $ 771,789 $ 811,723 43121 PUBLIC WORKS $ 81,884 $ 88,094 $ 93,630 43160 STREET LIGHTING $ 6,295 $ 7,000 $ 7,000 PUBLIC WORKS $ 88,178 $ 95,094 $ 100,630 45200 PARKS & RECREATION $ 83,652 $ 85,064 $ 92,822 46500 ECONOMIC DEVELOPMENT $ 7,814 $ 10,000 $ 10,000 49200 MISCELLANEOUS UNALLOCATED EXPENSES $ $ 10,000 $ 10,000 49300 OTHER FINANCING USES $ 38,000 $ 38,000 $ 38,000 OTHER $ 129,466 $ 143,064 $ 150,822 TOTAL EXPENDITURES $ 1,370,632 $ 1,387,924 $ 1,438,574 CITY OF LAUDERDALE LEGISLATIVE 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-41110-410-41030 PART TIME EMPLOYEES $ 16,375 $ 16,500 $ 16,500 101-41110-410-41220 FICA $ 1,015 $ 1,023 $ 1,023 101-41110-410-41225 MEDICARE $ 238 $ 239 $ 239 101-41110-410-41510 WORKERS COMPENSATION INSURANCE $ 38 $ 41 $ 40 PERSONNEL $ 17,666 $ 17,803 $ 17,802 101-41110-410-42010 OFFICE SUPPLIES $ - $ - $ 101-41110-410-42110 GENERAL SUPPLIES $ 459 $ 50 $ 50 101-41110-410-42115 MEETINGS $ 146 $ 200 $ 200 101-41110-410-42410 MINOR TOOLS & EQUIPMENT $ $ - $ SUPPLIES $ 605 $ 250 $ 250 101-41110-410-43140 TRAINING & EDUCATION $ 1,255 $ 2,500 $ 2,500 101-41110-410-43310 TRAVEL EXPENSE $ $ 1,200 $ 1,200 101-41110-410-43510 LEGAL NOTICES & PUBLISHING $ 1,037 $ 2,000 $ 1,300 101-41110-410-43610 INSURANCE & BONDS $ 217 $ 400 $ 250 101-41110-410-44330 DUES & SUBSCRIPTIONS $ 4,492 $ 3,800 $ 4,500 OTHER SERVICES & CHARGES $ 7,001 $ 9,900 $ 9,750 101-41110-410-45700 OFFICE FURNITURE & EQUIPMENT CAPITAL OUTLAY TOTAL EXPENDITURES $ 25,271 $ 27,953 $ 27,802 NOTES: Dues include Metro Cities, League of Minnesota Cities, Mayor's Association and Suburban Rate Authority CITY OF LAUDERDALE CITY ADMINISTRATION 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-41320-410-41010 FULL TIME EMPLOYEES $ 120,797 $ 126,150 $ 128,436 101-41320-410-41020 OVERTIME $ $ - $ - 101-41320-410-41040 TEMPORARY EMPLOYEES $ - $ - $ - 101-41320-410-41210 PERA $ 9,060 $ 9,461 $ 9,633 101-41320-410-41220 FICA $ 7,587 $ 7,821 $ 7,963 101-41320-410-41225 MEDICARE $ 1,774 $ 1,829 $ 1,862 101-41320-410-41250 DEFERRED COMPENSATION $ 505 $ 500 $ 525 101-41320-410-41310 HEALTH INSURANCE $ 19,092 $ 19,172 $ 17,706 101-41320-410-41320 DENTAL INSURANCE $ 398 $ 200 $ 400 101-41320-410-41330 LIFE INSURANCE $ 841 $ 300 $ 850 101-41320-410-41340 DISABILITY INSURANCE $ 703 $ 200 $ 700 101-41320-410-41420 UNEMPLOYMENT $ $ - $ - 101-41320-410-41510 WORKERS COMPENSATION INSURANCE $ 884 $ 1,018 $ 1,027 PERSONNEL $ 161,641 $ 166,651 $ 169,102 101-41320-410-42010 OFFICE SUPPLIES $ 469 $ 1,000 $ 800 101-41320-410-42020 COMPUTER SUPPLIES $ $ 500 $ 500 101-41320-410-42030 PRINTED FORMS $ 3,434 $ 4,500 $ 4,500 101-41320-410-42110 GENERAL SUPPLIES $ 195 $ 200 $ 200 101-41320-410-42115 MEETINGS $ - $ - $ 101-41320-410-42410 MINOR EQUIPMENT & TOOLS $ - $ - $ 101-41320-410-42420 MINOR COMPUTER EQUIPMENT $ 1,557 $ 1,500 $ 1,500 SUPPLIES $ 5,655 $ 7,700 $ 7,500 101-41320-410-43030 AUDITING & ACCOUNTING SERVICES $ 15,036 $ 15,000 $ 16,000 101-41320-410-43090 EXPERT & PROFESSIONAL SERVICES $ 8,353 $ 16,000 $ 16,000 101-41320-410-43140 TRAINING & EDUCATION $ 1,963 $ 3,000 $ 3,000 101-41320-410-43220 POSTAGE $ 865 $ 4,000 $ 4,000 101-41320-410-43250 OTHER COMMUNICATIONS $ $ - $ 101-41320-410-43310 TRAVEL EXPENSE $ 1,369 $ 1,500 $ 1,500 101-41320-410-43510 LEGAL NOTICES & PUBLISHING $ 1,407 $ 1,000 $ 1,300 101-41320-410-43610 INSURANCE & BONDS $ 2,629 $ 3,500 $ 2,900 101-41320-410-44040 VEHICLE/EQUIPMENT REPAIRS $ $ - $ 101-41320-410-44160 RENTS & LEASES $ 2,384 $ 2,700 $ 2,700 101-41320-410-44325 BANK FEES & CHARGES $ 1,417 $ 1,000 $ 1,500 101-41320-410-44330 DUES & SUBSCRIPTIONS $ 9,158 $ 5,300 $ 9,500 101-41320-410-44370 MISCELLANEOUS CHARGES $ 539 $ 600 $ 600 OTHER SERVICES & CHARGES $ 45,120 $ 53,600 $ 59,000 101-41320-410-45700 OFFICE EQUIPMENT & FURNITURE $ - $ - $ CAPITAL OUTLAY $ $ - $ TOTAL EXPENDITURES $ 212,415 $ 227,951 $ 235,602 NOTES Dues includes MCFOA, MAMA, MN GFOA, IMCA, MCMA, Press, Notary, RC GIS CITY OF LAUDERDALE ELECTIONS 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-41410-410-41010 FULL TIME EMPLOYEES $ 10,096 $ 10,745 $ 11,388 101-41410-410-41040 TEMPORARY EMPLOYEES $ $ 5,000 $ 101-41410-410-41210 PERA $ 757 $ 806 $ 854 101-41410-410-41220 FICA $ 633 $ 666 $ 706 101-41410-410-41225 MEDICARE $ 148 $ 156 $ 165 101-41410-410-41250 DEFERRED COMPENSATION $ 56 $ $ 50 101-41410-410-41310 HEALTH INSURANCE $ 1,854 $ 1,763 $ 1,753 101-41410-410-41320 DENTAL INSURANCE $ 44 $ 50 $ 50 101-41410-410-41330 LIFE INSURANCE $ 56 $ 25 $ 50 101-41410-410-41340 DISABILITY INSURANCE $ 62 $ 25 $ 50 101-41410-410-41510 WORKERS COMPENSATION INSURANCE $ 74 $ 115 $ 91 PERSONNEL $ 13,781 $ 19,351 $ 15,157 101-41410-410-42010 OFFICE SUPPLIES $ $ - $ 101-41410-410-42110 GENERAL SUPPLIES $ - $ 1,500 $ 500 101-41410-410-42410 MINOR EQUIPMENT & TOOLS $ 2,302 $ 2,500 $ 2,300 SUPPLIES $ 2,302 $ 4,000 $ 2,800 101-41410-410-43510 LEGAL NOTICES PUBLISHING $ $ 500 $ 101-41410-410-44370 MISCELLANEOUS CHARGES (AB VOTING) $ - $ 1,000 $ OTHER SERVICES & CHARGES $ $ 1,500 $ 101-41410-410-45700 OFFICE EQUIPMENT & FURNITURE CAPITAL OUTLAY TOTAL EXPENDITURES $ 16,083 $ 24,851 $ 17,957 CITY OF LAUDERDALE LEGAL 2019 Account Number 101-41610-410-43040 101-41610-410-43045 Account Description LEGAL SERVICES - CIVIL PROCESS LEGAL SERVICES - PROSECUTION OTHER SERVICES & CHARGES 2017 Actual $ 38,050 $ 11,100 $ 49,150 2018 Adopted 2019 Proposed $ 11,500 $ 15,000 $ 11,500 $ 11,500 $ 23,000 $ 26,500 TOTAL EXPENDITURES $ 49,150 $ 23,000 $ 26,500 CITY OF LAUDERDALE PLANNING, ZONING & INSPECTIONS 2019 Account Number 101-41910-410-41010 101-41910-410-41210 100-41910-410-41220 101-41910-410-41225 101-41910-410-41250 101-41910-410-41310 101-41910-410-41320 101-41910-410-41330 101-41910-410-41340 101-41910-410-41510 101-41910-410-42010 101-41910-410-42030 101-41910-410-42110 101-41910-410-43090 101-41910-410-43140 101-41910-410-43220 101-41910-410-43610 101-41910-410-44330 TOTAL EXPENDITURES Account Description FULL TIME EMPLOYEES PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITIY INSURANCE WORKERS COMPENSATION INSURANCE PERSONNEL OFFICE SUPPLIES PRINTED FORMS GENERAL SUPPLIES SUPPLIES EXPERT & PROFESSIONAL SERVICES TRAINING & EDUCATION POSTAGE INSURANCE & BONDS DUES AND SUBSCRIPTIONS OTHER SERVICES & CHARGES 2017 2018 2019 Actual Adopted Proposed 22,543 $ 23,739 $ 15,639 1,691 $ 1,780 $ 1,173 1,415 $ 1,472 $ 970 331 $ 344 $ 227 138 $ - $ 100 4,105 $ 3,547 $ 2,214 133 $ 200 $ 100 121 $ 400 $ 90 134 $ 200 $ 100 165 $ 190 $ 125 30,777 $ 31,872 $ 20,738 33,794 140 330 219 34,482 $ 15,000 $ 16,500 $ - $ $ 250 $ 250 $ 400 $ 400 $ - $ 150 $ 15,650 $ 17,300 65,259 $ 47,522 $ 38,038 CITY OF LAUDERDALE GENERAL GOVERNMENT BUILDINGS 2019 Account Number 101-41940-410-42110 101-41940-410-42230 101-41940-410-42410 101-41940-410-43090 101-41940-410-43210 101-41940-410-43250 101-41940-410-43610 101-41940-410-43810 101-41940-410-43820 101-41940-410-43830 101-41940-410-43840 101-41940-410-43850 101-41940-410-44010 101-41940-410-44040 101-41940-410-44160 101-41940-410-45700 TOTAL EXPENDITURES Account Description GENERAL SUPPLIES BUILDING REPAIR SUPPLIES MINOR EQUIPMENT & TOOLS SUPPLIES EXPERT & PROFESSIONAL SERVICES TELEPHONE & TELEGRAPH OTHER COMMUNICATIONS (INTERNET) INSURANCE & BONDS ELECTRIC UTILITIES WATER UTILITIES GAS UTILITIES REFUSE DISPOSAL SEWER UTILITIES BUILDING MAINTENANCE VEHICLE/EQUIPMENT REPAIRS RENTS & LEASES OTHER SERVICES & CHARGES OFFICE FURNITURE & EQUIPMENT CAPITAL OUTLAY 2017 2018 2019 Actual Adopted Proposed $ 1,374 $ 1,000 $ 1,500 $ - $ - $ $ - $ - $ - $ 1,374 $ 1,000 $ 1,500 $ - $ - $ - $ 1,780 $ 2,400 $ 2,400 $ - $ 6,000 $ 6,000 $ 3,915 $ 3,200 $ 4,000 $ 3,215 $ 4,000 $ 5,000 $ 526 $ 600 $ 600 $ 2,470 $ 3,000 $ 3,000 $ 4,305 $ 4,000 $ 4,500 $ $ - $ - $ 1,732 $ 2,500 $ 2,500 $ - $ - $ $ - $ $ 17,944 $ 25,700 $ 28,000 $ 19,318 $ 26,700 $ 29,500 NOTES: Dues include Metro Cities, League of Minnesota Cities, Mayor's Association and Suburban Rate Authority CITY OF LAUDERDALE PUBLIC SAFETY 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-42100-420-43100 DISPATCH $ 18,469 $ 17,773 $ 15,670 101-42100-420-43110 POLICE CONTRACT $ 672,590 $ 692,701 $ 713,141 101-42100-420-44370 MISCELLANEOUS CHARGES $ 75 $ 200 $ 200 101-42220-420-43120 FIRE CONTRACT $ 20,086 $ 18,500 $ 21,000 101-42220-420-43125 FIRE CALLS & INSPECTIONS $ 13,386 $ 14,000 $ 14,000 101-42200-420-44370 MISCELLANEOUS CHARGES $ 264 $ $ 300 OTHER SERVICES & CHARGES $ 724,870 $ 743,174 $ 764,311 101-42220-420-45400 MACHINERY & EQUIPMENT CAPITAL OUTLAY TOTAL EXPENDITURES $ 724,870 $ 743,174 $ 764,311 CITY OF LAUDERDALE BUILDING INSPECTIONS 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-42400-420-41010 FULL TIME EMPLOYEES $ 22,129 $ 17,562 $ 32,517 101-42400-420-42010 OVERTIME $ 86 $ $ - 101-42400-420-41210 PERA $ 1,666 $ 1,317 $ 1,742 101-42400-420-41220 FICA $ 1,592 $ 1,089 $ 1,440 101-42400-420-41225 MEDICARE $ 372 $ 255 $ 337 101-42400-420-41250 DEFERRED COMPENSATION $ 2,251 $ 1,829 $ 1,900 101-42400-420-41310 HEALTH INSURANCE $ $ $ 2,408 101-42400-420-41320 DENTAL INSURANCE $ 110 $ 100 $ 200 101-42400-420-41330 LIFE INSURANCE $ 526 $ 500 $ 600 101-42400-420-41340 DISABILITY INSURANCE $ 67 $ 55 $ 100 101-42400-420-41510 WORKERS COMPENSATION INSURANCE $ 1,222 $ 808 $ 1,068 PERSONNEL $ 30,021 $ 23,515 $ 42,312 101-42400-420-42030 PRINTED FORMS $ $ - $ 101-42400-420-42110 GENERAL SUPPLIES $ $ - $ SUPPLIES $ $ $ 101-42400-420-43090 EXPERT & PROFESSIONAL SERVICES $ 8,510 $ 3,000 $ 3,000 101-42400-420-43140 TRAINING & EDUCATION $ 1,175 $ 600 $ 600 101-42400-420-43220 POSTAGE $ 245 $ - $ 250 101-42400-420-43310 TRAVEL EXPENSES $ - $ $ 101-42400-420-43510 LEGAL NOTICES PUBLISHING $ $ - $ 101-42400-420-43610 INSURANCE & BONDS $ 208 $ 400 $ 400 101-42400-420-44330 DUES & SUBSCRIPTIONS $ $ 100 $ 100 101-42400-420-44380 BUILDING PERMIT SURCHARGES $ 463 $ 1,000 $ 750 OTHER SERVICES & CHARGES $ 10,602 $ 5,100 $ 5,100 TOTAL EXPENDITURES $ 40,623 $ 28,615 $ 47,412 CITY OF LAUDERDALE PUBLIC WORKS 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-43121-430-41010 FULL TIME EMPLOYEES $ 38,049 $ 37,730 $ 37,209 101-43121-430-41020 OVERTIME $ 106 $ - $ - 101-43121-430-41040 TEMPORARY EMPLOYEES $ $ - $ - 101-43121-430-41210 PERA $ 2,715 $ 2,680 $ 2,603 101-43121-430-41220 FICA $ 2,759 $ 2,339 $ 2,307 101-43131-430-41225 MEDICARE $ 645 $ 547 $ 540 101-43121-430-41250 DEFERRED COMPENSATION $ 5,055 $ 5,612 $ 5,059 101-43121-430-41310 HEALTH INSURANCE $ 1,151 $ - $ - 101-43121-430-41320 DENTAL INSURANCE $ 110 $ 50 $ 100 101-43121-430-41330 LIFE INSURANCE $ 579 $ 200 $ 550 101-43121-430-41340 DISABILITY INSURANCE $ 166 $ 100 $ 150 101-43121-430-41510 WORKERS COMPENSATION INSURANCE $ 1,473 $ 1,736 $ 1,712 PERSONNEL $ 52,807 $ 50,994 $ 50,230 101-43121-430-42110 GENERAL SUPPLIES $ 796 $ 700 $ 700 101-43121-430-42120 MOTOR FUELS $ 2,389 $ 2,500 $ 2,500 101-43121-430-42130 LUBRICANTS & ADDITIVES $ $ 150 $ 150 101-43121-430-42160 CHEMICALS & CHEMICAL PRODUCTS $ $ - $ 101-43121-430-42170 SAFETY EQUIPMENT $ - $ - $ 101-43121-430-42210 VEHICLE/EQUIPMENT PARTS $ 235 $ 1,500 $ 500 101-43121-430-42220 TIRES $ - $ - $ 101-43121-430-42240 STREET MAINTENANCE MATERIALS $ - $ - $ 101-43121-430-42410 MINOR EQUIPMENT & TOOLS $ 92 $ 1,000 $ 1,000 101-43121-430-42420 MINOR COMPUTER EQUIPMENT $ - $ - $ SUPPLIES $ 3,512 $ 5,850 $ 4,850 101-43121-430-43030 ENGINEERING $ 6,723 $ 1,000 $ 8,000 101-43121-430-43090 EXPERT & PROFESSIONAL SERVICES (SNOW) $ 14,423 $ 12,000 $ 12,000 101-43121-430-43095 TREE TRIMMING AND REMOVAL $ $ 14,000 $ 14,000 101-43121-430-43140 TRAINING & EDUCATION $ 400 $ 500 $ 500 101-43121-430-43210 TELEPHONE & TELEGRAPH $ 359 $ - $ 101-43121-430-43310 TRAVEL EXPENSE $ 69 $ - $ 101-43121-430-43610 INSURANCE & BONDS $ 1,797 $ 2,200 $ 2,000 101-43121-430-44010 BUILDING MAINTENANCE $ $ - $ 101-43121-430-44040 VEHICLE/EQUIPMENT REPAIRS $ 1,770 $ 1,500 $ 2,000 101-43121-430-44160 RENTS & LEASES $ $ - $ 101-43121-430-44330 DUES & SUBSCRIPTIONS $ 25 $ - $ 101-43121-430-44390 TAXES & LICENSES $ - $ 50 $ 50 OTHER SERVICES & CHARGES $ 25,565 $ 31,250 $ 38,550 101-43121-430-45400 MACHINERY & EQUIPMENT CAPITAL OUTLAY TOTAL EXPENDITURES $ 81,884 $ 88,094 $ 93,630 CITY OF LAUDERDALE STREET LIGHTING 2019 Account Number 101-43160-430-43810 101-43160-430-44040 Account Description ELECTRIC UTILITIES VEHICLE/EQUIPMENT REPAIRS OTHER SERVICES & CHARGES $ $ $ 2017 Actual 6,295 $ - $ 6,295 $ TOTAL EXPENDITURES $ 6,295 $ 2018 Adopted 2019 Proposed 7,000 $ 7,000 $ - 7,000 $ 7,000 7,000 $ 7,000 CITY OF LAUDERDALE PARKS & RECREATION 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-45200-450-41010 FULL TIME EMPLOYEES $ 49,470 $ 50,797 $ 57,766 101-45200-450-41020 OVERTIME $ 68 $ - $ 101-45200-450-41040 TEMPORARY EMPLOYEES $ 4,970 $ 6,000 $ 6,000 101-45200-450-41210 PERA $ 3,509 $ 3,600 $ 3,657 101-45200-450-41220 FICA $ 3,729 $ 3,521 $ 3,582 101-45200-450-41225 MEDICARE $ 872 $ 824 $ 838 101-45200-450-41250 DEFERRED COMPENSATION $ 4,951 $ 5,542 $ 4,314 101-45200-450-41310 HEALTH INSURANCE $ 4,146 $ 3,000 $ 4,000 101-45200-450-41320 DENTAL INSURANCE $ 177 $ 175 $ 175 101-45200-450-41330 LIFE INSURANCE $ 375 $ 200 $ 375 101-45200-450-41340 DISABILITY INSURANCE $ 273 $ 150 $ 250 101-45200-450-41420 UNEMPLOYMENT $ - $ - $ 101-45200-450-41510 WORKERS COMPENSATION INSURANCE $ 1,293 $ 1,555 $ 1,565 PERSONNEL $ 73,834 $ 75,364 $ 82,522 101-45200-450-42030 PRINTED FORMS $ $ - $ 101-45200-450-42110 GENERAL SUPPLIES $ 139 $ 500 $ 500 101-45200-450-42115 MEETINGS $ $ - $ 101-45200-450-42120 MOTOR FUELS $ $ $ 101-45200-450-42160 CHEMICALS & CHEMICAL PRODUCTS $ $ - $ 101-45200-450-42210 VEHICLE/EQUIPMENT PARTS $ - $ 500 $ 101-45200-450-42220 TIRES $ - $ - $ 101-45200-450-42230 BUILDING REPAIR SUPPLIES $ - $ $ 101-45200-450-42410 MINOR EQUIPMENT & TOOLS $ - $ - $ SUPPLIES $ 139 $ 1,000 $ 500 101-45200-450-43090 EXPERT & PROFESSIONAL SERVICES $ $ - $ 101-45200-450-43130 COMMUNITY EVENTS $ 3,398 $ 3,000 $ 3,500 101-45200-450-43140 TRAINING & EDUCATION $ $ - $ 101-45200-450-43210 TELEPHONE & TELEGRAPH $ 33 $ $ 101-45200-450-43310 TRAVEL EXPENSE $ $ - $ 101-45200-450-43610 INSURANCE & BONDS $ 638 $ 800 $ 800 101-45200-450-43810 ELECTRIC UTILITIES $ 653 $ 400 $ 700 101-45200-450-43820 WATER UTILITIES $ 229 $ 600 $ 500 101-45200-450-43830 GAS UTILITIES $ 521 $ 500 $ 600 101-45200-450-43840 REFUSE DISPOSAL $ - $ - $ - 101-45200-450-44010 BUILDING MAINTENANCE $ - $ $ - 101-45200-450-44040 VEHICLE/EQUIPMENT MAINTENANCE $ 647 $ - $ - 101-45200-450-44160 RENTS & LEASES (PORTABLE RESTROOM) $ 1,755 $ 1,500 $ 1,800 101-45200-450-44382 RECREATION PROGRAMS $ 1,805 $ 1,900 $ 1,900 OTHER SERVICES & CHARGES $ 9,679 $ 8,700 $ 9,800 101-45200-450-45200 BUILDING & IMPROVEMENTS CAPITAL OUTLAY TOTAL EXPENDITURES $ 83,652 $ 85,064 $ 92,822 CITY OF LAUDERDALE ECONOMIC DEVELOPMENT 2019 Account Number 101-46500-462-43090 101-46500-462-44370 Account Description CONSULTING FEES MISCELLANEOUS OTHER SERVICES & CHARGES $ $ $ 2017 2018 2019 Actual Adopted Proposed 7,814 7,814 $ 10,000 $ 10,000 $ $ $ 10,000 $ 10,000 TOTAL EXPENDITURES $ 7,814 $ 10,000 $ 10,000 CITY OF LAUDERDALE MISCELLANEOUS UNALLOCATED EXPENDITURES 2019 Account Number 2017 2018 2019 Account Description Actual Adopted Proposed 101-49200-410-48100 CONTINGENCY OTHER SERVICES & CHARGES $ $ 10,000 $ 10,000 $ - $ 10,000 $ 10,000 TOTAL EXPENDITURES $ $ 10,000 $ 10,000 CITY OF LAUDERDALE OTHER FINANCING USES 2019 2017 2018 2019 Account Number Account Description Actual Adopted Proposed 101-49300-410-47200 TRANSFER OUT $ 38,000 $ 38,000 $ 38,000 TRANSFERS $ 38,000 $ 38,000 $ 38,000 TOTAL EXPENDITURES $ 38,000 $ 38,000 $ 38,000 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date September 25, 2018 ITEM NUMBER Disc w/Financial Advisor STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Stacie Kvilvang from Ehlers and Associates will be at the meeting. She has been working behind the scenes contacting potential developers for 1795 Eustis Street. Based on previous council discussions, she has been talking to developers that build senior housing products. In recent conversations with Stacie, staff updated her on discussions the Council has had through the comprehensive planning process specifically around options for housing to be senior -friendly even if not restricted to seniors. The goal of this meeting is to further discuss what the Council is looking for in redevelop- ment opportunities in comparison to what housing is being built and what developers are in the market looking to build. OPTIONS: STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date September 25, 2018 ITEM NUMBER 2430 Larpenteur Avenue STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the last meeting, Fakhri Alaghbash expressed interest in buying 2430 Larpenteur Avenue from the City for a food establishment or a retail violin store. Subsequently, staff sent him a note explaining that the City sells property through purchase and development agreements so that it can ensure what the property is being sold for is what ultimately gets built. Staff have been developing a comprehensive list of things Mr. Alaghbash will need to prepare for further Council consideration with the assistance of the City's financial advisor, attorney, planning consultant, and Ramsey County's traffic engineer. Some items on that list are different if the building is repurposed versus a new structure be- ing built. It would help clarify expectations if prospective buyers knew whether building reuse was an option. Functionally and thinking ahead to the long term use of the structure, the current building is not in an ideal location on the site. Among the items that prospective buyers would have to address in the reuse of the building include: • Traffic circulation. Ramsey County's traffic engineer said owners would be limited to one access point (right in and right out) and traffic can't queue on Larpenteur Avenue. • Ingress and egress. Identifying a location for ingress/egress where cars can see each other entering and exiting the same access point (view not restricted by the building). • Handicapped Parking. Parking would be in rear of the building including the handicap stall. An accessible path would need to be built from rear to front of building. • Set backs. The building is not positioned in a way to integrate with adjacent parcels. Current zoning in the business district allows for building to the property line. • Size of building. The current zoning allows for 28% lot coverage. The current building covers about 18% of the lot. A new building could be about a third bigger. In speaking with Ramsey County's traffic engineer they pointed out that any reuse of this building would require right in and right out and that traffic would not be permitted to make U-turns at Eustis and Larpenteur. That is not an issue we have discussed before as the as- sumption was that the lot would be assembled with a neighboring parcel that already had satisfactory ingress/egress. After the Council decides on this matter we will begin drafting the list of item that Mr. Ala- ghbash will need to submit for further consideration. 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