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01/08/2019
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, JANUARY 8, 2019 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 TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. SWEARING IN CEREMONY 3. ROLL CALL 4. APPROVALS a. Agenda b. Minutes of the December 11, 2018 City Council Meeting c. Claims Totaling $174,436.38 5. CONSENT a. Designate Official Depository and Investment Institutions — Resolution No. 010819A b. 2019 Fee Schedule — Resolution No. 010819B c. 2019 Tobacco License Issuance — Resolution No. 010819C d. 2019 3.2 Malt Liquor License Issuance — Resolution No. 010819D e. November Financial Report E J. Hughes Phased Retirement Option Agreement g. AEM Financial Solutions Agreement h. North Star Bank Collateral Pledge 6. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 7. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 8. 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. a. 2019 Infrastructure Improvement Project Public Hearing — Resolution No. 010819E b. 2040 Comprehensive Plan Public Hearing 9. DISCUSSION / ACTION ITEM a. Committee Appointments and Assignments b. Government Alliance on Race and Equity Training 10. ITEMS REMOVED FROM THE CONSENT AGENDA 11. ADDITIONAL ITEMS 12. SET AGENDA FOR NEXT MEETING a. Fund 414 to Fund 415 Transfer Resolution b. Transmission of Comprehensive Plan to Metropolitan Council c. Further Discussion of Draft High Density Residential — Conservation (HDR -C) Zoning Ordinance 13. 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. High Density Residential — Conservation (HDR -C) Draft Zoning Ordinance c. Special Assessment Policy Revisions d. Community Development Update 14. CLOSED SESSION a. City Administrator Performance Review 15. ADJOURNMENT LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Swearing In Ceremony DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The swearing in ceremony will be the first item on the agenda. Staff will administer the oaths and have you sign the Oath of Office forms. We have a card stock version of the oath for you to keep. STAFF RECOMMENDATION: OATH OF OFFICE State of Minnesota SS: County of Ramsey I, Mary Gaasch, do solemnly swear or affirm that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Mayor of the City of Lauderdale, Minnesota, to the best of my judgment and ability, so help me God. Signature Subscribed and sworn to before me this 8rd day of January 2019. Signature of Notary Public Printed Name of Notary Public Heather Butkowski OATH OF OFFICE State of Minnesota SS.• County of Ramsey I, Andi Moffatt, do solemnly swear or affirm that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfidly the duties of the office of City Council of the City of Lauderdale, Minnesota, to the best of my judgment and ability, so help me God. Signature Subscribed and sworn to before me this 8th day of January 2019. Signature of Notary Public Printed Name of Notary Public Heather Butkowski OATH OF OFFICE State of Minnesota SS.• County of Ramsey 1, Roxanne Grove, do solemnly swear or affirm that 1 will support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of City Council of the City of Lauderdale, Minnesota, to the best of my judgment and ability, so help me God. Signature Subscribed and sworn to before me this 8''' day of January 2019. Signature of Notary Public Printed Name of Notary Public Heather Butkowski LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 6 December 11, 2018 Roll Call Mayor Gaasch called the Regular City Council meeting to order at 7:30 p.m. Councilors present: Roxanne Grove, Kelly Dolphin, Andi Moffatt, 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. Councilor Dains stated that he would like to add a staff appreciation item to the Additional Items section of the Agenda. There being nothing else, Councilor Moffatt moved and seconded by Councilor Grove to approve the agenda as amended. Motion carried unanimously. Mayor Gaasch asked if there were any corrections to the meeting minutes. There being none, Councilor Dolphin moved and seconded by Councilor Moffatt to approve the minutes of the November 27, 2018, city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the claims totaling $97,864.81. Motion carried unanimously. Consent Councilor Dains moved and seconded by Councilor Grove to approve the Consent Agenda thereby approving the final Insituform sanitary sewer lining pay request, the accounts payable authorization for year end, the 2019 city council meeting schedule, and the hiring of seasonal warming house staff. Informational Presentations/Reports A. Aldo Sicoli and Shari Thompson, Roseville ISD 623 Superintendent Sicoli and Business Manager Thompson approached the dais to deliver their presentation regarding facilities improvements in progress as a result of the bond referendum passed last year. They also covered the accomplishments of the district over the past year and went through the goals for the upcoming year. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 6 December 11, 2018 B. City Council Updates Mayor Gaasch stated that she and Administrator Butkowski attended the League of Minnesota Cities regional meeting held in tandem with Metro Cities annual meeting. Mayor Gaasch stated that she, Councilor Grove, and Councilor Dains will be attending a Ramsey County League of Local Governments meeting on December 13. Finally, Mayor Gaasch added that she will be attending an upcoming League of Minnesota Cities board meeting. Discussion/Action Items A. Recycling Contract with Eureka! Recycling Bownik presented a new contract with Eureka! Recycling for Council consideration. The contract maintains weekly collection. The agreement is for five and one-half years and begins January 1, 2019. The new contract is based largely on the existing contract and has been reviewed by the city attorney. The pricing schedule has changed for a number of reasons, and can be found in Section 8.1 and 8.2. One reason the pricing schedule is different is because revenue sharing is not included. The other reason for the price change is that the City currently pays Eureka $2.12 per household per month based on 1,197 households. The new contract separates single unit dwellings from multi- unit dwellings which accounts for a substantial savings to the City. Pricing for 2019 is based on $5.65 per cart per month. Bownik and David Weidenfeller of Eureka! Recycling took to the dais to answer questions from the Council on the new contract. Councilor Dolphin made a motion and was seconded by Councilor Dains to approve the new agreement as presented. Motion carried unanimously. B. Adoption of the 2019 Final Property Tax Levy — Resolution No. 121118A The City Council held the Truth -in -Taxation public hearing as required by state law at the previous meeting. To adopt the levy, the Council was asked to make a motion on the matter. Councilor Moffatt moved to adopt Resolution 121118A — A Resolution Adopting the 2019 Final Property Tax Levy. This was seconded by Councilor Dains and carried unanimously. C. Adoption of the 2019 Final Budget and Establish Fund Appropriations — Resolution No. 121118B Councilor Moffatt moved to adopt Resolution 121118B — A Resolution Adopting the 2019 Final Budget and Establishing Fund Appropriations. This was seconded by Councilor Grove and carried unanimously. D. 2019 Recycling, Sanitary Sewer, and Storm Sewer Rates — Resolution No. 121118C Staff recommended the following utility and recycling rate increases for 2019. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 6 December 11, 2018 1) Sanitary Sewer - 5.0% or $11.00 per year per household Residential flat rate of $57.76 and commercial consumption rate of $2.86. This increase was needed to cover the 23% increase to the City's wastewater charge from the Metropolitan Council for 2019. 2) Storm Water - 7.1% or $4.60 per year per household Flat rate of $17.40 per quarter per Residential Equivalency Factor. The increase will help finance the needed repairs to the City's storm water pond. 3) Recycling - 6.4% or $2.22 per year per household Flat rate of $3.17 per residential unit per month to offset the recycling contract increase. Councilor Grove made a motion to adopt Resolution 121118C — A Resolution Adopting 2019 Sanitary Sewer Rates, Storm Sewer Rates, and Recycling Rates. This was seconded by Councilor Dains and carried unanimously. E. Cooperative Agreement for the Jurisdictional Transfer of Eustis Street and Roselawn Avenue with Ramsey County Butkowski explained that the approval of the Cooperative Agreement would make Lauderdale the road authority for Roselawn Avenue within the city limits and Eustis Street from Larpenteur Avenue to Roselawn Avenue. Per the agreement, Ramsey County would compensate Lauderdale $836,341 to fund improvements. Councilor Dolphin made a motion to approve the Ramsey County Cooperative Agreement with the City of Lauderdale as presented. This was seconded by Councilor Grove and carried unanimously. F. Resolution Concurring with Ramsey County Revocation of CSAH Status of Roselawn Avenue — Resolution No. 121118D Butkowski explained that Ramsey County must remove the County State Aid Highway (CSAH) designation of Roselawn Avenue whether the City accepted jurisdictional transfer of the road or not. Roselawn Avenue has not met the requirements since the sound wall was built. Ramsey County needed a resolution from the City concurring with this understanding. Councilor Moffatt made a motion to adopt Resolution 121118D — A Resolution Concurring with Ramsey County Revocation of County State Aid Highway Status for Roselawn Avenue, CSAH LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 4 of 6 December 11, 2018 26, between the West Right -of -Way of State Highway 280 to Fulham Street. This was seconded by Councilor Dolphin and carried unanimously. G. Joint Powers Agreement with the City of Roseville Regarding Roselawn Avenue Butkowski further explained that the City of Roseville agreed to the jurisdictional transfer of Roselawn Avenue within their corporate limits and would like to include the repaving of their road with our project. Roseville prefers that all compensation from Ramsey County be given to Lauderdale. To accomplish this, the joint powers agreement presented needed to be approved. Councilor Grove made a motion to approve the Joint Powers Agreement between the City of Lauderdale/City of Roseville, and the 2019 Street and Utility Improvement Project including Roselawn Avenue Improvements between the West Right -of -Way Line of State Highway 280 and Fulham Street. This was seconded by Councilor Dains and carried unanimously. H. Amendment to Agreement with St. Paul Regional Water Service Continuing on, Butkowski explained that part of the negotiations over the jurisdictional transfer of Roselawn Avenue and Eustis Street included discussions with St. Paul Regional Water Service (SPRWS) over the water main replacement. Eustis Street regularly experiences water main breaks in the winter and is one of their priority lines to replace. The first agreement with SPRWS amends our initial agreement from 1997 by allowing the City to complete the water main portion of the project with its own contractors. Councilor Dolphin made a motion to approve Amendment No. 2 to Agreement between the Board of Water Commissioners of the City of Saint Paul and the City of Lauderdale. This was seconded by Councilor Dains and carried unanimously. I. Understanding with the St. Paul Regional Water Service The second agreement needed with SPRWS identified the project costs that SPRWS will cover. This includes the cost of the water main replacement and about $100,000 worth of the pavement project. They agreed to pay these costs in recognition that they would bear these costs if they were to replace the water mains outside of a street improvement project. Councilor Moffatt made a motion to approve the Cooperative Cost Share Understanding between the Board of Water Commissioners of the City of Saint Paul and the City of Lauderdale for the Eustis Street and Roselawn Avenue Improvements Project. This was seconded by Councilor Dains and carried unanimously. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 5 of 6 December 11, 2018 J. Resolution Receiving the Feasibility Report, Calling for a Hearing on the Improvement, and Ordering of Plans and Specifications Resolution No. 121118E Kelly Schlegel of Stantec approached the Council to present the feasibility report they were authorized to complete at the November 27, 2018 council meeting. The report assessed the feasibility of the proposed street project from an engineering perspective. The report identified costs, funding sources, preliminary assessment information, and the total special assessment amount. She explained to have a construction project in 2019, the Council needed to adopt the resolution accepting the Feasibility Report, calling for a public hearing on the proposed improvements at the January 8, 2019 council meeting, and authorizing the city engineer to prepare the plans and specifications. Councilor Grove made a motion to adopt Resolution 121118E, A Resolution Receiving the Feasibility Report, Calling for a Hearing on the Improvement, and Ordering Preparation of Plans and Specifications. This was seconded by Councilor Moffatt and carried unanimously. K. 2019 Infrastructure Improvement Project Engineering Costs Schlegel provided information regarding the anticipated engineering costs based on the City's professional services agreement with Stantec. Councilor Dolphin made a motion to enter into an agreement with Stantec Consulting Services for engineering services for the 2019 infrastructure improvement project. This was seconded by Councilor Dains and carried unanimously. Additional Items A. Appreciation Days for Employees Mayor Gaasch voiced her appreciation for the city staff for their work throughout the course of the year. In recognition, she proposed staff be granted two personal days to be used at the City Administrator's discretion. Council Dains moved and seconded by Councilor Dolphin to grant two personal days to Lauderdale staff members to be used at the discretion of the City Administrator. Motion carried unanimously. Set Agenda for Next Meeting Administrator Butkowski stated that the January 8 council meeting may include the 2019 infrastructure improvement project public hearing, the Comprehensive Plan public hearing, the HDR — C draft zoning public hearing, the November Financial Report, the 2019 Fee Schedule, the 2019 Investment Policy, designating the official depository and investment institutions, LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 6 of 6 December 11, 2018 tobacco and alcohol licenses, committee appointments and assignments, and designating the official newspaper. Work Session A. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to anyone in attendance that wanted to address the Council. There being no interested parties to speak, Mayor Gaasch closed the floor. B. Community Development Update Butkowski stated that a grant for the Luther Seminary pond improvement is likely and that she will be meeting with Real Estate Equities on December 13 regarding 1795 Eustis Street. C. Post -Election Round Table Council and City staff discussed feedback gathered from the community during the election season. Staff will use this information for future discussions as well as goal setting. Adjournment Councilor Grove moved and seconded by Councilor Moffatt to adjourn the meeting at 9:47 p.m. Motion carried unanimously. Respectfully submitted, Heather Butkowski City Administrator 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: January 8, 2019 Subject: List of Claims The claims totaling $174,436.38 are provided for City Council review and approval that includes check numbers 26182 to 26226. Accounts Payable Checks by Date - Detail by Check Date User: Printed: heather.butkowski 1/4/2019 2:59 PM Check No Vendor No Invoice No Vendor Name Check Date Description Reference Check Amount ACH 43 ACH 44 ACH 45 ACH 46 ACH 180 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 HCSP2018 ACH 43 Public Employees Retirement Association PR Batch 52500.12.2018 PERA Coordinated PR Batch 52500.12.2018 PERA Coordinated 12/14/2018 PR Batch 52500.12.2018 PER PR Batch 52500.12.2018 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 52500.12.2018 State Income Tax 12/14/2018 PR Batch 52500.12.2018 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 52500.12.2018 Deferred Comp PR Batch 52500.12.2018 Deferred Comp 12/14/2018 PR Batch 52500.12.2018 Def( PR Batch 52500.12.2018 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52500.12.2018 Medicare Employee Pc PR Batch 52500.12.2018 Federal Income Tax PR Batch 52500.12.2018 FICA Employer Portio. PR Batch 52500.12.2018 FICA Employee Portio PR Batch 52500.12.2018 Medicare Employer Po 12/14/2018 PR Batch 52500.12.2018 Mec PR Batch 52500.12.2018 Fed( PR Batch 52500.12.2018 FIC. PR Batch 52500.12.2018 FIC. PR Batch 52500.12.2018 Mec Total for this ACH Check for Vendor 46: Total for 12/14/2018: Minnesota State Retirement System 12/24/2018 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance 2018 HCSP Remittance Total for this ACH Check for Vendor 180: Public Employees Retirement Association PR Batch 52600.12.2018 PERA Coordinated PR Batch 52600.12.2018 PERA Coordinated Total for 12/24/2018: 12/28/2018 PR Batclr 52600.12.2018 PER PR Batch 52600.12.2018 PER 1,123.98 974.11 2,098.09 619.95 619.95 938.33 1,252.31 2,190.64 234.75 1,143.40 1,003.75 1,003.75 234.75 3,620.40 8,529.08 646.92 98.50 1,606.81 484.20 574.61 218.54 651.90 214.85 265.04 62.49 4,823.86 4,823.86 959.60 1,107.23 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 44 ACH 45 ACH 46 26182 34 26183 65 15782571 26184 17 44097 26185 56 122018 26186 57 122018 26187 184 122018 122018 26188 33 122018 26189 36 0225398 0225444 0225490 Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 52600.12.2018 State Income Tax 12/28/2018 PR Batch 52600.12.2018 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 52600.12.2018 Deferred Comp PR Batch 52600.12.2018 Deferred Comp 12/28/2018 PR Batch 52600.12.2018 Defi PR Batch 52600.12.2018 Def Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52600.12.2018 FICA Employee Portio PR Batch 52600.12.2018 FICA Employer Portio PR Batch 52600.12.2018 Medicare Employee Pc PR Batch 52600.12.2018 Federal Income Tax PR Batch 52600.12.2018 Medicare Employer Po AFSCME MN Council 5 PR Batch 52600.12.2018 Union Dues Allstream Inc. Fax Line Avenet LLC Gov Office Web Hosting James Bownik Mileage Reimbursement Heather Butkowski Mileage Reimbursement Cintas November Uniforms November Uniforms City of Falcon Heights November Fire Calls City of Roseville 2018 Software Application Licenses December IT Services December Phone Services 12/28/2018 PR Batch 52600.12.2018 FIC. PR Batch 52600.12.2018 FIC. PR Batch 52600.12.2018 Mec PR Batch 52600.12.2018 Fed( PR Batch 52600.12.2018 Mec Total for this ACH Check for Vendor 46: 12/28/2018 PR Batch 52600.12.2018 Unib Total for Check Number 26182: 12/28/2018 Total for Check Number 26183: 12/28/2018 Total for Check Number 26184: 12/28/2018 Total for Check Number 26185: 12/28/2018 Total for Check Number 26186: 12/28/2018 Total for Check Number 26187: 12/28/2018 Total for Check Number 26188: 12/28/2018 2,066.83 608.00 608.00 1,250.63 2,220.53 3,471.16 1,182.56 1,182.56 276.59 1,160.48 276.59 4,078.78 200.08 200.08 51.74 51.74 650.00 650.00 10.57 10.57 73.70 73.70 47.04 47.04 94.08 915.36 915.36 637.00 1,118.00 82.43 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26190 2 IN00032693 Total for Check Number 26189: 1,837.43 City of St Paul 12/28/2018 Sewage Spill Cleanup Downstream 7,624.00 Total for Check Number 26190: 7,624.00 26191 133 Miles Cline 12/28/2018 122018 Mileage Reimbursement 111.67 26192 192 Comcast 73315209 December Internet 26193 25 RISK -122018 Total for Check Number 26191: 111.67 12/28/2018 486.00 Total for Check Number 26192: 486.00 County of Ramsey 12/28/2018 PR Batch 52600.12.2018 Life Insurance PR Batch 52600.12.2018 Life PR Batch 52600.12.2018 Long Term Disability PR Batch 52600.12.2018 Lon. PR Batch 52600.12.2018 Short Term Disability PR Batch 52600.12.2018 Sho: Insurance Processing Fee 314.08 101.64 70.53 25.00 Total for Check Number 26193: 511.25 26194 19 Ehlers and Associates Inc 12/28/2018 78883 1795 Eustis Redevelopment 1,200.00 Total for Check Number 26194: 1,200.00 26195 8 Duane Grace 12/28/2018 122018 2018 Commercial Plan Reviews 2,792.04 Total for Check Number 26195: 2,792.04 26196 230 Gunderson Construction Inc 12/28/2018 122018 City Hall Roof Repairs 28,873.00 Total for Check Number 26196: 28,873.00 26197 134 Katrina Joseph 12/28/2018 0083 November Legal Services 925.00 Total for Check Number 26197: 925.00 26198 31 Kennedy & Graven Chartered 12/28/2018 146252 November Legal Services 561.00 26199 185 Lauderdale BP 122018 November Fuel 122018 November Fuel 122018 November Fuel 26200 23 INV1231776 Total for Check Number 26198: 561.00 12/28/2018 56.39 263.16 56.39 Total for Check Number 26199: 375.94 Metro Sales Inc 12/28/2018 Quarterly Copy Charges 216.04 Total for Check Number 26200: 216.04 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26201 79 Minnesota Department of Labor & Industry 12/28/2018 DEC1230252018 4Q2018 Surcharge Report 152.52 26202 47 Total for Check Number 26201: 152.52 Public Employees Insurance Program 12/28/2018 PR Batch 52500.12.2018 Dental PR Batch 52500.12.2018 Den PR Batch 52500.12.2018 Health Insurance PR Batch 52500.12.2018 Hea 116.10 2,032.62 Total for Check Number 26202: 2,148.72 26203 109 Ramsey County League of Local Governmt 12/28/2018 122018 RCLLG Meeting - JD 10.00 Total for Check Number 26203: 10.00 26204 231 SafeAssure Consultants Inc 12/28/2018 1507 Safety Training Annual Contract 352.50 1507 Safety Training Annual Contract 235.00 1507 Safety Training Annual Contract 235.00 1507 Safety Training Annual Contract 117.50 1507 Safety Training Annual Contract 235.00 26205 26 Stantec Consulting Services Inc 1447598 Sanitary Sewer Spill Response 1447598 Gen Eng Services 1447599 2018 Sanitary Sewer Lining 1447600 2019 Street Improvements Total for Check Number 26204: 1,175.00 12/28/2018 4,986.25 690.98 1,935.50 2,846.50 Total for Check Number 26205: 10,459.23 26206 162 Swanson Haskamp Consulting, LLC 12/28/2018 713 Phase I Zoning Ordinance 1,237.50 Total for Check Number 26206: 1,237.50 26207 232 Tee Squared Screenprinting 12/28/2018 2639 Lauderdale Shirts 617.00 Total for Check Number 26207: 617.00 26208 4 The Neighborhood Recycling Company Inc 12/28/2018 17952 November Revenue Sharing 17952 November Recycling Contract 26209 40 Truck Utilities Inc 0331947 Plow Wear Blades 0332223 Plow Wear Blades 26210 77 United States Postal Service 122018 4 Rolls of Stamps 122018 1 Rolls of Stamps 26211 3 186.94 2,442.24 Total for Check Number 26208: 2,629.18 12/28/2018 135.00 238.46 Total for Check Number 26209: 373.46 12/28/2018 200.00 50.00 Total for Check Number 26210: 250.00 US National Equipment Finance Inc 12/28/2018 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 372656215 26212 90 9819398837 9819398837 9819398837 26213 74 617587145 617587145 617587145 617587145 617788420 617788420 617788420 617788420 26214 13 6541 26215 233 47415 26216 233 45619 26217 29 3765 26218 25 EMCOM-007395 EMCOM-007409 EMCOM-007426 26219 61 8120516 26220 82 122018 Copier Contract Verizon Wireless November Cell Phone November Cell Phone November Cell Phone Xcel Energy 1885 Fulham Street 1917 Walnut Street 1885 Fulham Street 1917 Walnut Street 1891 Walnut Street 1795 Eustis Street 1891 Walnut Street 1795 Eustis Street 8th Day Landscaping LLC December 2018 Snow Removal Bond Trust Services Corporation 2018A GO Bond Agent Fee Ref 47415 -PA Bond Trust Services Corporation 2018A GO Bond Interest Ref 331520 City of St Anthony January 2019 Police Contract County of Ramsey December Fleet Support December 911 Dispatch Services December CAD Services Gopher State One Call December 2018 Locates Home Depot Ice melt Total for Check Number 26211: 12/28/2018 Total for Check Number 26212: 12/28/2018 Total for Check Number 26213: Total for 12/28/2018: 01/08/2019 Total for Check Number 26214: 01/08/2019 Total for Check Number 26215: 01/08/2019 Total for Check Number 26216: 01/08/2019 Total for Check Number 26217: 01/08/2019 Total for Check Number 26218: 01/08/2019 Total for Check Number 26219: 01/08/2019 149.00 149.00 16.01 32.02 16.01 64.04 16.12 25.25 49.07 99.07 182.75 46.15 256.23 50.00 724.64 77,723.96 645.00 645.00 475.00 475.00 18,939.38 18,939.38 59,433.66 59,433.66 6.24 1,248.01 233.07 1,487.32 16.20 16.20 15.95 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 5 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 26220: 15.95 26221 30 League of Minnesota Cities 01/08/2019 285889 MG Leadership Conference 225.00 Total for Check Number 26221: 225.00 26222 1 Lillie Suburban Newspapers Inc 01/08/2019 12/2018 2019 Infrastructure Improvement Notices 61.50 Total for Check Number 26222: 61.50 26223 152 Metro Watershed Partners 01/08/2019 01/2019 2019 MN Waters Membership 500.00 Total for Check Number 26223: 500.00 26224 99 Metropolitan Area Management Association 01/08/2019 01/2019 2019 HB Dues 45.00 Total for Check Number 26224: 45.00 26225 91 Suburban Ace Hardware 01/08/2019 112018 PW Supplies 15.47 Total for Check Number 26225: 15.47 26226 77 United States Postal Service 01/08/2019 2019 2019 Newsletter Postage for First -Class Presort 1 1,500.00 Total for Check Number 26226: 1,500.00 Total for 1/8/2019: 83,359.48 Report Total (54 checks): 174,436.38 AP Checks by Date - Detail by Check Date (1/4/2019 2:59 PM) Page 6 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date January 8, 2019 ITEM NUMBER Designating Official Deposi- tory and Investment Institutions/Brokers for 2019 STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, the City designates the official depository and investment institutions/brokers. North Star Bank is recommended to continue as the official depository. Investment institutions/brokers includes Morgan Stanley, Northland Securities, RBC Capital Markets, LLC and the 4M Fund/PFA Financial Network, Inc. In October, Morgan Stanley notified municipal clients that they will no longer be serving them. As we hold a couple of CDs with them yet, they should be approved as a broker for 2019. OPTIONS: 1. To approve Resolution 010819A. 2. To remove the item from the consent agenda for further consideration. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution 010819A Designating Offi- cial Depository and Investment Institutions. RESOLUTION 010819A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DESIGNATING OFFICIAL DEPOSITORY & INVESTMENT INSTITUTIONS BE IT HEREBY RESOLVED, that North Star Bank is designated as a depository for the funds of the City of Lauderdale. BE IT FURTHER RESOLVED, that before any deposits are made that exceed the amount that is guaranteed by the Federal Deposit Insurance Corporation (FDIC), the depository must supply to the city a corporate surety bond in the amount of at least ten percent more than the amount on the deposit plus accrued interest at the close of the business day. The bond is subject to the approval of the city council. BE IT FURTHER RESOLVED, that in lieu of the above bond, the depository may furnish collateral in the manner and to the extent permitted by law. All such collateral must be approved by the council and accompanied by a written assignment providing that, upon default, the financial institution shall release to the city on demand, free exchange or any other charges, the collateral pledged. BE IT FURTHER RESOLVED, all collateral must be placed in safekeeping in a restricted account at either a Federal Reserve Bank or in an account at a trust department of a commercial bank or other financial institution that is not owned or controlled by the financial institution that is furnishing the collateral. In case of default upon the part of the depository, the council of the city shall have full power and authority to sell such collateral or as much as may be necessary to realize the full amount due the city over such federal guarantee. BE IT FURTHER RESOLVED, Morgan Stanley, Northland Securities, RBC Capital Markets, LLC, and the 4M Fund/PFA Financial Network, Inc. are the city's investment institutions and brokers for 2019. Adopted this 8th day of January 2019. Mary Gaasch, Mayor Heather Butkowski, City Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session X Meeting Date: January 8, 2019 ITEM NUMBER 2019 Fee Schedule Res. STAFF INITIAL MJC APPROVED BY ADMINISTRATOR DESCRIPTION : Annually, staff reviews the fee schedule and suggests changes to the City Council. Staff have reorganized the zoning related categories and revised escrow amounts in anticipation of the ap- plications we expect to receive this year related to the redevelopment of 1795 Eustis Street and the land Luther Seminary is selling. OPTIONS: 1. Adopt Resolution 010819B - A Resolution Establishing Administrative Fees for 2019. 2. Do not approve or amend the fee schedule (and provide staff direction). STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution 010819B - A Resolution Es- tablishing License and Permit Fees and Administrative Fees and Fines for 2019 as presented. RESOLUTION 010819B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING LICENSE AND PERMIT FEES AND ADMINISTRATIVE FEES AND FINES WHEREAS, Minnesota Law and the Ordinances of the City of Lauderdale allow the City to collect fees for processing applications and licenses for certain activities within the City of Lauderdale. City staff studied the fees allowed under state and local law and compared them to the actual costs that the City has historically incurred for processing applications and licenses in the City; and WHEREAS, the City may also charge for administrative activities and fines. Reasonable charges were included in the 2019 Fee Schedule; and WHEREAS, The Fee Schedule attached and incorporated herein also includes appendices A and B relating to construction permit fees and administrative fines. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lauderdale, Minnesota, hereby adopts the 2019 Fee Schedule as attached. Adopted by the City Council of the City of Lauderdale this 8th day of January, 2019. Mary Gaasch, Mayor ATTEST: Heather Butkowski City Administrator ADMINISTRATIVE FEE Each Occurrence ANIMALS Domestic Animal License Duplicate License Non -Domestic Animal License BINGO OR RAFFLE BUILDING PERMITS Valuation $1.00 - $500.00 $501.00 to $600.00 $601.00 to $700.00 $701.00 to $800.00 $801.00 to $900.00 $901.00 to $1,000.00 $1,001.00 to $1,100.00 $1,101.00 to $1,200.00 $1,201.00 to $1,300.00 $1,301.00 to $1,400.00 $1,401.00 to $1,500.00 $1,501.00 to $1,600.00 $1,601.00 to $1,700.00 $1,701.00 to $1,800.00 $1,801.00 to $1,900.00 $1,901.00 to $2,000.00 $2,001.00 to $3,000.00 $3,001.00 to $4,000.00 $4,001.00 to $5,000.00 $5,001.00 to $6,000.00 $6,001.00 to $7,000.00 $7,001.00 to $8,000.00 $8,001.00 to $9,000.00 $9,001.00 to $10,000.00 $10,001.00 to $11,000.00 $11,001.00 to $12,000.00 $12,001.00 to $13,000.00 $13,001.00 to $14,000.00 $14,001.00 to $15,000.00 $15,001.00 to $16,000.00 $16,001.00 to $17,000.00 $17,001.00 to $18,00000 $18,001.00 to $19,000.00 $19,001.00 to $20,000.00 $20,001.00 to $21,000.00 $21,001.00 to $22,000.00 $22,001.00 to $23,000.00 $23,001.00 to $24,000.00 $24,001.00 to $25,000.00 $25,001.00 to $26,000.00 $26,001.00 to $27,000.00 $27,001.00 to $28,000.00 $28,001.00 to $29,000.00 $29,001.00 to $30,000.00 $25.00 $10.00 $3.00 $10.00 $100.00 $23.00 $26.55 $29.60 $32.65 $35.70 $38.75 $41.80 $44.85 $47.90 $50.95 $54.00 $57.05 $60.10 $63.15 $66.20 $69.25 $83.25 $97.25 $111.25 $125.25 $139.25 $153.25 $167.25 $181.25 $195.25 $209.25 $223.25 $237.25 $251.25 $265.25 $279.25 $293.25 $307.25 $321.25 $335.25 $349.25 $363.25 $377.25 $391.25 $401.35 $411.45 $421.55 $431.65 $441.75 EXHIBIT A $30,001.00 to $50,000.00 BUILDING PERMITS - Continued $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,0001.00 and up Plan Review Fee Consultation Per Hour Surcharge Fee Fixed -fee permit surcharges - The surcharge is equivalent to 5/ten thousandths (0.0005) of the fee or $1.00, whichever is greater. Valuation Based surcharges - Construction Value Range $1,000,000 or less $1,000,001 to $2,000,000 $2,000,001 to $3,000,000 $3,000,001 to $4,000,000 $4,000,001 to $5,000,000 $5,000,001 or more Investigation Fee Other lnspections Inspection Outside Normal Business Hours BUSINESS ASSISTANCE CANDIDATE FILING FEE CERTIFIED COPIES CIGARETTES/TOBACCO LICENSE CITY COUNCIL Requested Special Meeting CITY PROPERTY RENTAL Banquet Table Rent Banquet Table Deposit $441.75 for the first $30,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thereof 65% of the permit fee $50.00 Surcharge Computation .0005 X Valuation $500 + .0004 X (Valuation - $1,000,000) $900 + .0003 X (Valuation - $2,000,000) $1200 + .0002 X (Valuation - $3,000,000) $1400 + .0001 X (Valuation - $4,000,000) $1500 + .00005 X (Valuation - $5,000,000) Same as permit fee $60.00/hour with 2 hour minimum Escrow with minimum of $10,000.00 $2.00 $1.00/page plus sales tax $200.00/year $250.00 $4.00/table $100.00/table Metal Detector Rent Metal Detector Deposit Metal Folding Chair Rent Metal Folding Chair Deposit $5.00/day $100.00 $0.75/chair $20.00/chair COMMUNITY ROOM RENTAL Resident Use Only $50.00/5 hour block Deposit - Key Deposit - Damage Excess Trash Fee Cancellation Fee (5 business days prior to reservation) Cancellation Fee (less than 5 business days prior to reservation) $100.00 $100.00 $10.00/bag $20.00 Reservation fee COUNCIL MEETING DVD $50.00 plus sales tax CREDIT CARD PROCESSING FEE $2.50 for transactions of $0-250 $5.00 for transactions of $251-500 $10.00 for transactions of $501-1,000 $15.00 for transactions of $1,001-1500 $20.00 for transactions of $1,501-2000 3% charge for transactions over $2,001 *Excludes City Merchandise and Donations FACSIMILE $0.50/page FIRE False Alarms Per Ordinance Fire CaII Charge Back Cost plus administrative fee Cost of Fire Services plus administrative fee Fire Inspection Annual or Additional $35.00/hour LIQUOR, 3.2 Percent Off -Sale $150.00 On -Sale $300.00 Temporary $50.00 MECHANICAL CONTRACTOR LICENSE $50.00/year MECHANICAL PERMITS Permit $40.00 Each Supplemental Permit $4.50 Minnesota Surcharge $1.00 Uniform Mechanical Code - Each Unit Fee Schedule Exhibit B Other Inspections Inspections Outside Normal Business Hours $75.00/hour with 2 hour minimum Investigative Fee (no permit) Same as permit fee MERCHANDISE SALES History Book $25.00 ($23.28 + $1.72 sales tax) Mugs $5.00 ($4.66 + $.34 sales tax) T-shirts $7.00 Long -sleeve t -shirt $12.00 Sweatshits $17.00 MILEAGE REIMBURSEMENT Per IRS NON -SUFFICIENT FUNDS CHECK $30.00 NUISANCE VIOLATIONS Weed/Grass Mowing Actual Costs + Admin Fee Refuse Actual Costs + Admin Fee Junk Vehicles Actual Costs of Towing & Disposal + Admin Fee Nuisance Violation Appeal $200.00 PARKING Disabled Parking Zone Sign $25.00/year PARK RESERVATION RENTALS Resident No Fee Non-resident $25.00 plus sales tax/4 hour block Non-resident Damage Deposit $50.00 PHOTOCOPY $.25/page PLUMBING Surcharge $1.00 Investigative Fee Same as permit fee Permit $40.00 Each Fixture $8.00 Inspections Outside Normal Business Hours $75.00/hour with 2 hour minimum RECYCLING CARTS $75.00 REFUSE HAULERS Annual RENTAL HOUSING Bi -Annual License & Inspection Single Unit Additional Units Re -inspection fees First Additional Administrative Penalty Late Application License Violations SALES TAX Sale of goods City Purchases $75.00/truck $100.00 $2.50/unit $0.00 $40.00 $25.00/day Up to $1,000.00/day 7.375% 6.875% SANITARY SEWER AND WATER DEVELOPMENT Sewer Availability Charge Water Availability Charge Per Metro. Council Per St. Paul Water SPECIAL ASSESSMENTS, Interest Rate Delinquent Utility Bills, Accounts Receivable 8% or $25.00, whichever is greater STREET Excavation Permit $100.00 plus bond Obstruction $100.00 TREE CONTRACTOR LICENSE $50.00/year VACATIONS (Streets, Alleys, etc.) $500.00 plus $700 escrow * ZONING APPLICATIONS Conditional Use Permit $200.00 Home Occupation $100.00 Lot Consolitation / Division $100.00 Planned Unit Development $500 plus $3,000 escrow * Sign Permit $200.00 Subdivision $500.00 plus $1,500 escrow * Variance from Zoning Ordinance $150.00 Zoning Amendment $500.00 plus $1,500 escrow * Document Recording Fee Recording cost plus Administrative fee ZONING PERMIT Driveway or Parking Pad $50.00 Fence $50.00 Retaining Wall $50.00 Sidewalk $50.00 * Applicants will be responsible for submitting the escrow payment in addition to assuming all city accrued costs on the application review. NOTE: A private party or public institution (hereinafter applicant) making a request of the city must cover the cost of the request including consultants' costs. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city consultant's costs as determined by the city administator. If the city consultant's costs exceed the escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs, publishing costs, and recording costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultant's costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Exhibit B: Mechanical / HVAC Permit Fees - Uniform Mechanical Code City of Lauderdale 1891 Walnut Street Lauderdale MN 55113 Telephone 651-792-7650 Fax 651-631-2066 Description Fee 1 Base Permit Fee's $40.00 2 Each Supplemental Permit $4.50 Each Unit Fee Schedule 1 Residential/Commercial: Installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance $10.00 2 Installation or relocation of each floor furnace, including vent $9.00 3 Installation or relocation of each suspended heater, recessed wall heater or floor -mounted unit heater. $9.00 4 Installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit $4.50 5 Repair of alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling absorption, or evaporative cooling system, including installation of controls regulated by this code. $9.00 6 Residential: installation or relocation of each boiler or compressor to and including three horse power, or each absorption system to and including 100,000 Btu/h $9.00 7 Residential/Commercial: installation or relocation of each boiler or compressor over three horse power to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h $16.50 8 Commercial: Installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including 1,000,000 Btu/h. $22.50 9 Commercial: Installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h. $33.50 10 Commercial: Installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h $56.00 11 Each air -handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto. NOTE: this fee shall not apply to an air handling unit which is a portion of a factory - assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. $6.50 12 For each air -handling unit over 10,000 cfm $11.00 13 For each evaporative cooler other than a portable type $6.50 14 For each ventilation fan connected to a single duct $4.50 15 For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit. $6.50 16 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood. $6.50 17 For the installation or relocating of each domestic -type incinerator. $11.00 18 For the installation or relocation of each commercial or industrial -type incinerator $45.00 19 Other: For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code. $6.50 20 When Chapter 22 is applicable (see Section 103), permit fees for fuel -gas piping shall be: For each gas -piping system of one to four outlets. $3.00 For each gas -piping system of five or more outlets, per outlet $0.75 21 When Chapter 24 is applicable (see Section 103), permit fees for process piping shall be: For each hazardous process piping system (HHP) of one to four outlets $5.00 For each piping system of five or more outlets, per outlet $1.00 For each nonhazardous process piping system (NPP) of one to four outlets $2.00 For each piping system of five or more outlets, per outlet $0.50 Commercial Mechanical Permits require a plan review fees = to 1% of project valuation 1/8/2019 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date January 8, 2019 ITEM NUMBER 2019 Tobacco Licenses STAFF INITIAL MJC APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City has received applications for renewal of tobacco licenses. The licenses would be valid January 1, 2019— December 31, 2019. Larpenteur SuperUSA - 2424 Larpenteur Avenue W Lauderdale Certified Auto Repair (BP Station) - 2421 Larpenteur Avenue W OPTIONS: 1. To approve Resolution 010819C. 2. To remove the item from the consent agenda for further consideration. STAFF RECOMMENDATION: Approve Resolution 010819C Approving the 2019 Tobacco Licenses. COUNCIL ACTION: RESOLUTION 010819C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING 2019 TOBACCO LICENSES WHEREAS, the following applicants: Larpenteur SuperUSA 2424 Larpenteur Avenue W Lauderdale Certified Auto Repair 2421 Larpenteur Avenue W have presented to the City of Lauderdale complete applications for renewal of current tobacco licenses; and WHEREAS, the establishments listed above have provided the proper fee and the Certification of Workers Compensation form and insurance certificate. NOW, THEREFORE BE IT RESOLVED, that the Lauderdale City Council authorizes that the establishments listed above, be granted tobacco licenses with the City of Lauderdale for the term of January 1, 2019 through December 31, 2019. Adopted by the City of Lauderdale this 8th day of January, 2019. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date January 8, 2019 ITEM NUMBER 3.2 Off -Sale Malt Liquor License for 2019 STAFF INITIAL MJC APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City has received an application for renewal 3.2 off -sale malt liquor license. The license would be valid January 1, 2019 — December 31, 2019 Larpenteur SuperUSA - 2424 Larpenteur Avenue W OPTIONS: 1. To approve Resolution 010819D. 2. To remove the item from the Consent Agenda for further consideration. STAFF RECOMMENDATION: Approve Resolution 010819D Approving the 3.2 Off -Sale Malt Liquor License for 2019. COUNCIL ACTION: RESOLUTION 010819D CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING 3.2 OFF SALE MALT LIQUOR LICENSE FOR 2019 WHEREAS, the following applicant: Larpenteur SuperUSA 2424 Larpenteur Avenue W has presented to the City of Lauderdale their complete application for renewal of current 3.2 off sale malt liquor license; and WHEREAS, the establishment listed above has provided the proper fee and the Certification of Workers Compensation form and insurance certificate. NOW, THEREFORE BE IT RESOLVED, that the Lauderdale City Council authorizes that the establishment listed above, be granted 3.2 off sale malt liquor license with the City of Lauderdale for the term of January 1, 2019 through December 31, 2019. Adopted by the City of Lauderdale this 8th day of January, 2019. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL November Financial Report 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 November 2018. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for November 2018. General Ledger Cash Balances User: heather.butkowski Printed: 12/17/2018 4:32:16 PM Period 11 - 11 Fiscal Year 2018 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash 101-00000-000-10100 -2,574,374.84 531,107.55 244,018.05 -2,287,285.34 Change Fund 101-00000-000-10300 100.00 0.00 0.00 100.00 Cash 226-00000-000-10100 15,605.49 16.82 1,752.56 13,869.75 Cash 227-00000-000-10100 82,359.76 30,491.38 5,127.29 107,723.85 Cash 305-00000-000-10100 57,230.93 69.50 0.00 57,300.43 Cash 401-00000-000-10100 123,224.97 149.65 0.00 123,374.62 Cash 403-00000-000-10100 462,926.71 562.21 0.00 463,488.92 Cash 404-00000-000-10100 272,206.94 330.58 0.00 272,537.52 Cash 405-00000-000-10100 0.00 0.00 0.00 0.00 Cash 414-00000-000-10100 289,346.78 351.40 0.00 289,698.18 Cash 415-00000-000-10100 -80,317.73 0.00 0.00 -80,317.73 Cash 416-00000-000-10100 94,433.96 114.69 0.00 94,548.65 Cash 602-00000-000-10100 964,978.31 15,122.15 20,721.15 959,379.31 Cash 603-00000-000-10100 379,036.16 5,753.72 11,506.00 373,283.88 Current Assets 86,757.44 584,069.65 283,125.05 387,702.04 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 2,933,258.62 104,094.16 130,000.00 2,907,352.78 Adj Investments 2,933,258.62 104,094.16 130,000.00 2,907,352.78 Grand Total 3,020,316.06 688,163.81 413,125.05 3,295,354.82 GL - Cash Balances (12/17/2018 - 04:32 PM) Page 1 CD O X M 34 0 00 ES 00 42, N a, ,0 77 0 T O ti .0 C h YTD Balance Current Period M 00 O 7. N 00 M 71 0 -. M CN p N 00 VO Cr)O O O\ O NodONOoo • o v'1 'f N N 000 0 VD C 0 p C N M O ON M d' p CO 77 O 0071'M Vj 4 N oo NO--+ O 71: co.., M , -, p O r• O vi oo -: N ,-• N N N VO V7 CD O\ -. v7 p N M O O\ VO 71: O Vl 7. O CO VI M V) VON co r- + O • N M -71:, O M • NON- 0 d' d'N,-• NN ▪ • 6orn•-•O M M Ct N O VD O O VI O 0 S.,.007.9. 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A GL - Revenue vs Expense (12/17/2018 - 04:33 PM) 0 0) U Communications M."� c M 0 0 v-, O �" 1 N- V I N � CD O\ 1-1 Q1 CD VD 00 O O M 00 0,i O N VD M. r-1 O1 00 h N VO M CN O CN O C\ \C O M • 00 r- ,-� 00 CN VD d' r- N N d 0 N r 0• 000 1) P -i VC 4 O 0• 00 ONO vv 00 O o OO I n O qD H VD 4 O O O l M Ch 00 r n r - 00I o 0000 O O O r- o o O © 4 VD N o O O 00 M V hl N O 0 N N h N r -I ti a) 00 a) O -0 O U 0i 0 G U U . 1, O O U CI a) C a .0) 0) g 0)i - a] O a ( 0 ai 0 cJ p N 04• EaU, g WC1 OU W b N GL - Revenue vs Expense (12/17/2018 - 04:33 PM) k { Q ■ 0 / \ count Numb \\ \ \\ e00 kr,g 00 0 00\ t•-• k C 00 \ 7 / 5 co c cm, \ j\\L \ �<c»a k E Cr' $ N N o Cr)00 G@7@| § f )fl N § •3 \ n q , d I / \ @@E@| @ \ 6666 3 00 \ \ \ \ & Q 2 Q 0 \ \ { f \/ \ /) \ )ƒ _/co)° - ,o\ _2 5 e �S'0 0 \\J�0 ) 6(�° t X0. )) 2 ]g/\ g 4=zou 4 ] GL - Revenue vs Expense (12/17/2018 - 04:33 PM) N N fat p o of o 0 O p O p O O 'r -i rt Oo al YTD Balance Current Period z NCO by d' CO O • 0 tfl d ® o v p l O I OLri \D p • O cr;O b O p ( O OO O O p O O O O GO TIF Revenue Bonds 2018A M GL - Revenue vs Expense (12/17/2018 - 04:33 PM) YTD Balance 9\@| G\c) 7 \ 3gc 3 § acc $ / @35 C @@5 @ @ 3G6 § 666 I § § \ a 2 a c.;1 § 2 er @G/) • \\\| @ @ a/c § ccc § % � w % \5\%\3@ %\ cQ Q c o R/ @\@| @ CD © @ 6c k 6\6 @ k » m R 0 e © © & 0, , \ ? ga / \) / 2 /Ay 22 • )\ 2= 0 )(./ w/� \ k % 5 \ ( 0 d § c{§y2 t \/�\ }g4\\3 k koeo General Capital Projects @ \ \ GL - Revenue vs Expense (12/17/2018 - 04:33 PM) U p Cr, pI oN0 pI ONO N OM O Or N O N ei O M N U a> o d- O 7r oo o in 0) O rt N o N. r, eel CI N M 0'1 enO V) N O N M 'F.: N O N VO CCS oo 4 NO\ aT ,--i r N N N L YTD Balance Current Period ti Account Numb o�pl ▪ QpI 1-1 M 71. rOInNO N] M M N O N M M O oO 0 ao N O O 1-1 N O N pI N O pp O N O C Or O p O v') to v) S p CD O o O O O O O O I o O o O O O o O ‘D Oct' 7 M u, a) o u y ▪ ▪ a) it ., P4 a) o it 0 V) a+ q P4 bA N c T U za tio , el)g4 0 g Wuo W Street Capital Projects GL - Revenue vs Expense (12/17/2018 - 04:33 PM) YTD Balance / \ ) \ z \ / \ \ @ ƒ @ « \c kr) c3c s { \ @| 00 G 9 \| E 7 \� / �0 0 % N § 00 @ 00 0 0 @| 0 f 3 @ c c 3 e g 2 w w r en en 00 \ 00 \ 0 \ 0 00 C; > 6 6 6 o r r � 0 @ /1 0 0 0 / @ o oo 3 c o cod e c \ \ \ \ \ m / % § a) VI \( a j% a a 2 A '- a • Q§ #® \eg.ee o; a) »R�~ 0) mƒG ; \(o\ t \\�\ \ a.k/o a 40020 m Park Capital Projects \ GL - Revenue vs Expense (12/17/2018 - 04:33 PM) YTD Balance Current Period \ count Number \ \ 9 7 c c c 3 c 3 \ S /6 00 00 \ \ 31 3 \ 9• 6 ) \ % © 00 / \ 2 @ @� \ \| 7 © 3 c c = o @ \) @ @| @ @ £ c e 3 3 3 \ \\ 00 u >� \\ P4 00 va . 0-1 G 'G / ) \ 0 k(�� ( §/ § 448 / 2\ W Rosehill Tax Increment GL - Revenue vs Expense (12/17/2018 - 04:33 PM) oo 0 h YTD Balance m o l o et' 0 v 00 N O H M O M ,:r O p O 7 eher O r O et' Vim' N., N N et M h M M V OO I L O Op l 71- t O 7 O 7 vet N N N N ,M. 00 M M M y O O o O po ,o 06 M 0 p pl 0 0 0 0 0 0 0 0 p 0 0 a o o a M - .-4 N al O bD up 0 0 cd 0U .0 O 0 0 P&.o cal 8bN O y O 0 ii OC ti, C C dCAd`l a.) 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You may recall that some funding was included in the budget for this. This would be the fifth and final year that Joe is eligible to continue work- ing for the City. It will be a busy year with a major road improvement project and his exper- tise will be nice to have back. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves the Phased Retirement Agreement with Joe Hughes as presented. CITY OF LAUDERDALE Phased -Retirement Option (PRO) Agreement Retiree/Employee Name: Joe Hughes Job Title: Public Works Maintenance Date: January 8, 2019 This agreement provides information regarding your benefits and other terms and conditions as an employee covered by participation in the Phased -Retirement Option (PRO) available through the Public Employees Retirement Association (PERA). This information applies only to you and to your position with the City. It may constitute a departure from normal City policies and procedures, but it does not set any precedents or change existing city policies. Compensation: ❑ Your pay will be $31.00 per hour up to $10,000. This is approximately 322 hours. Group Health & Dental Insurance: ❑ You may no longer participate in the City's health and dental insurance plans. Other Group Plans: ❑ You may no longer participate in the City's life or disability insurance. The City will no longer contribute to your deferred compensation plan. Vacation/Sick Leave: ❑ You will no longer accrue vacation or sick leave. Holidays and On -Call: ❑ It is not expected that you will be asked to be on-call. In the event you are, you will receive the compensation spelled out in the most current union agreement. In the event you are called into work on a holiday, you will receive the compensation spelled out in the most current union agreement. By signing below, the City and employee acknowledge agreement to the above terms of employment. The Employee: On behalf of the City: Joseph Hughes Mary Gaasch, Mayor LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Year End Financials i DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Last year was the first year that staff worked with AEM Financial Solutions on closing the year-end books and preparing for the audit. It is a valuable tool which allows staff to contin- ue working on priority projects instead of losing about a month to preparing for the audit. This year also requires advanced municipal finance knowledge due to the bond issue and related debt service. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council enters into an agreement with AEM Financial Solutions for assistance with audit preparation as presented. ABDO I ICK& MEYERS 1,1,p AEM Financial Solutions"' Proposal for Consulting Services Heather Butkowski City of Lauderdale 1891 Walnut Street Lauderdale, Minnesota 55113 Dear Heather, December 10, 2018 In order to document the understanding between us as to the scope of the work that AEM Financial Solutions, LLC (AEMFS), will perform, we are entering into this agreement with the City of Lauderdale (the City). This agreement defines the services we will perform for you as well as your responsibilities under the agreement. Scope of Services Audit Preparation AEMFS will prepare the following workpapers to document the activity required for audit preparation and the City management will accept, review and approve all schedules and/or workpapers created. • Cash and investment footnote disclosure summary - prepared from the bank and investment reconciliations prepared by the City • Interest allocation • Taxes revenue and receivable reconciliation • Special assessment revenue and receivable reconciliation • Governmental and enterprise accounts receivable reconciliation • State grant receipt coding reconciliation • Transfers to and from other funds • Prepaid items schedule • Accounts payable • Accrued payroll and payroll liability accounts reconciliation • Compensated absences reconciliation • Schedule of salaries payable • GASB 68 pension reconciliation and related deferred inflows/outflows • Deferred inflows/outflows/unearned revenue reconciliation • Bonds payable reconciliation • Fund balance/net assets schedule o Includes reconciliation of restricted, committed and assigned fund balances/net position • Summarize journal entries needed to match above workpapers and provide to City staff for entry into the City's accounting system 5201 Eden Avenue, Suite 250 Edina, MN 55436 952.715.3070 1 Fax 952.835.3261 City of Lauderdale December 10, 2018 Page 2 In addition, we expect the City will: • Devote uninterrupted time to working with us as needed. • Make candid representations about your plans and expectations. • Make all management decisions and perform all management functions. • Provide an individual responsible to accept our work. • Provide remote access to accounting system, if possible Service Guarantee Our work is guaranteed to the complete satisfaction of the customer. If you are not completely satisfied with the services performed by AEMFS, we will, at the option of the City, either refund the price or accept a portion of said price that reflects the City's level of value received. Upon payment of each of your scheduled payments, we will judge you have been satisfied. Price Guarantee Furthermore, if you ever receive an invoice without first authorizing the service, payment terms, and price, you are not obligated to pay for that service. City Financial Investment Investment by the City for audit preparation will be invoiced at an hourly rate as outlined below. Total invoice estimated not to exceed $4,500. Project Description Hourly Rate Audit Preparation $ 165 City of Lauderdale December 10, 2018 Page 3 Estimated Estimated Hours Amount Cash and investment footnote disclosure summary - prepared from the bank and investment reconciliations prepared by the City 0.50 $ 83 Interest allocation 0.50 75 Taxes revenue and receivable reconciliation 3.50 525 Special assessment revenue and receivable reconciliation 3.50 525 Governmental and enterprise accounts receivable reconciliation 1.50 225 State grant receipt coding reconciliation 1.00 150 Transfers to and from other funds 0.50 75 Prepaid items schedule 0.50 75 Accounts payable 2.50 375 Accrued payroll and payroll liability accounts reconciliation 3.00 450 Compensated absences reconciliation 1.00 150 Schedule of salaries payable 1.00 150 GASB 68 pension reconciliation and related deferred inflows/outflows 5.00 750 Deferred inflows/outflows/unearned revenue reconciliation 1.00 150 Bonds payable reconciliation 2.00 300 Fund balance/net assets schedule, reconciliation of restricted, committed and assigned fund balances/net position 1.00 150 Summarize journal entries needed to match above workpapers and provide to City staff for entry into the City's accounting system 1.00 150 29.00 $ 4,358 People ipl + Process,. (ming IievindLh, City of Lauderdale December 10, 2018 Page 4 Initial invoice will be at end of first thirty (30) day period after the execution of this agreement. Monthly installment fees will be invoiced on a monthly basis throughout the remainder of this Agreement. Additional Services: Should the City request additional services in addition to the Contracted Services, the Contractor will provide the City with proposed fees in writing for the services required. The City shall provide a written or electronic confirmation prior to the Contractor providing the additional services. Outside Contractors: It shall be the responsibility of Contractor to compensate any other outside consultants retained or hired by Contractor to fulfill their obligations under this Agreement. Payment Schedule We will bill our services as progress billings and will final bill upon project completion. City of Lauderdale Title Date AEM Financial Solutions, LLC 5201 Eden Avenue, Suite 250 Edina, Minnesota 55436 a7 . V(\\,rte. Jean D. McGann, CPA President and Partner Title December 10, 2018 Date ABDO EIC' K& _ E1E1WLI, AEM Financial Solutions' Proposal for Consulting Services Heather Butkowski City of Lauderdale 1891 Walnut Street Lauderdale, Minnesota 55113 Dear Heather, December 10, 2018 In order to document the understanding between us as to the scope of the work that AEM Financial Solutions, LLC (AEMFS), will perform, we are entering into this agreement with the City of Lauderdale (the City). This agreement defines the services we will perform for you as well as your responsibilities under the agreement. Scope of Services Audit Preparation AEMFS will prepare the following workpapers to document the activity required for audit preparation and the City management will accept, review and approve all schedules and/or workpapers created. • Cash and investment footnote disclosure summary - prepared from the bank and investment reconciliations prepared by the City • Interest allocation • Taxes revenue and receivable reconciliation • Special assessment revenue and receivable reconciliation • Governmental and enterprise accounts receivable reconciliation • State grant receipt coding reconciliation • Transfers to and from other funds • Prepaid items schedule • Accounts payable • Accrued payroll and payroll liability accounts reconciliation • Compensated absences reconciliation • Schedule of salaries payable • GASB 68 pension reconciliation and related deferred inflows/outflows • Deferred inflows/outflows/unearned revenue reconciliation • Bonds payable reconciliation • Fund balance/net assets schedule o Includes reconciliation of restricted, committed and assigned fund balances/net position • Summarize journal entries needed to match above workpapers and provide to City staff for entry into the City's accounting system 5201 Eden Avenue, Suite 250 Edina, MN 55436 952.715.3070 1 Fax 952.835.3261 City of Lauderdale December 10, 2018 Page 2 In addition, we expect the City will: • Devote uninterrupted time to working with us as needed. • Make candid representations about your plans and expectations. • Make all management decisions and perform all management functions. • Provide an individual responsible to accept our work. • Provide remote access to accounting system, if possible Service Guarantee Our work is guaranteed to the complete satisfaction of the customer. If you are not completely satisfied with the services performed by AEMFS, we will, at the option of the City, either refund the price or accept a portion of said price that reflects the City's level of value received. Upon payment of each of your scheduled payments, we will judge you have been satisfied. Price Guarantee Furthermore, if you ever receive an invoice without first authorizing the service, payment terms, and price, you are not obligated to pay for that service. City Financial Investment Investment by the City for audit preparation will be invoiced at an hourly rate as outlined below. Total invoice estimated not to exceed $4,500. Project Description Hourly Rate $ 165 Audit Preparation IANople + I roc ss. Going 13eyond tunithcrs City of Lauderdale December 10, 2018 Page 3 Estimated Estimated Hours Amount Cash and investment footnote disclosure summary prepared from the bank and investment reconciliations prepared by the City 0.50 $ 83 Interest allocation 0.50 75 Taxes revenue and receivable reconciliation 3.50 525 Special assessment revenue and receivable reconciliation 3.50 525 Governmental and enterprise accounts receivable reconciliation 1.50 225 State grant receipt coding reconciliation 1.00 150 Transfers to and from other funds 0.50 75 Prepaid items schedule 0.50 75 Accounts payable 2.50 375 Accrued payroll and payroll liability accounts reconciliation 3.00 450 Compensated absences reconciliation 1.00 150 Schedule of salaries payable 1.00 150 GASB 68 pension reconciliation and related deferred inflows/outflows 5.00 750 Deferred inflows/outflows/unearned revenue reconciliation 1.00 150 Bonds payable reconciliation 2.00 300 Fund balance/net assets schedule, reconciliation of restricted, committed and assigned fund balances/net position 1.00 150 Summarize journal entries needed to match above workpapers and provide to City staff for entry into the City's accounting system 1.00 150 29.00 $ 4,358 + Process Going f3C'�Un(� i In• \n►ithers City of Lauderdale December 10, 2018 Page 4 Initial invoice will be at end of first thirty (30) day period after the execution of this agreement. Monthly installment fees will be invoiced on a monthly basis throughout the remainder of this Agreement. Additional Services: Should the City request additional services in addition to the Contracted Services, the Contractor will provide the City with proposed fees in writing for the services required. The City shall provide a written or electronic confirmation prior to the Contractor providing the additional services. Outside Contractors: It shall be the responsibility of Contractor to compensate any other outside consultants retained or hired by Contractor to fulfill their obligations under this Agreement. Payment Schedule We will bill our services as progress billings and will final bill upon project completion. City of Lauderdale Title Date AEM Financial Solutions, LLC 5201 Eden Avenue, Suite 250 Edina, Minnesota 55436 Jean D. McGann, CPA President and Partner Title December 10, 2018 Date + I)rocess,. ;oing 13etiuu1 �,.. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Collateral w/North Star DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, the Council approves North Star Bank as a depository for city funds. As city funds occasionally exceed the amount insured by the FDIC, North Star Bank must pledge collateral. They must pledge 10% more than the unsecured amount. To keep things simple, they generally pledge a large enough amount so they don't have to make adjustments as the bank account balance fluctuates. Recently, they replaced their pledged security with a Small Business Administration Program security in the amount of $750,000 with a current market value of $202,078.14. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the updated collateral pledged to the city by North Star Bank and releases the previously pledged security. ATTACHMENT A Following are the securities pledged by North Star Bank on behalf of City of Lauderdal as of this date Dated November 30,2018: CUSIPtt: 83162CSH7 ORIGINAL FACE: 750,000.00 MARKET VALUE: 202,078.14 DESCRIPTION: SBAP 2009-20 B-1 RATE: 4.00% MATURITY DATE: 2/15/2029 ** Current Market Value as of: 11/30/2018 ** LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action X Resolution X Work Session Meeting Date December 11, 2018 ITEM NUMBER Eustis/Roselawn Pub Hearing STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the last meeting, Stantec staff presented the feasibility report they were authorized to pre- pare at the November 27, 2018 council meeting. This report assessed the feasibility of the proposed street project from an engineering perspective. The feasibility report also identi- fied costs, funding sources, preliminary assessment information, and the total special assess- ment amount. The feasibility report is available on the City's website. The Council also adopted a resolution accepting the Feasibility Report and called for a public hearing on the proposed improvements at the January 8, 2019 council meeting. Since then, staff mailed the following letter to properties abutting the project. All totaled we sent 99 letters. An additional seven parcels are owned by the City. Staff have had a couple of conversations with residents about the project and how special assessments are deter- mined and paid. Staff plan to fit as many chairs in the council chambers as we can but we really don't have a sense for how many people plan to attend the public hearing. Stantec is prepared to present the feasibility report findings they presented at the last meet- ing first. After that the Council can open the floor for public comments. Upon the conclu- sion of the public hearing the Council can address questions and discuss whether to proceed with the improvement project. To continue moving ahead with the infrastructure improve- ments in 2019, the Council would adopt the following resolution. OPTIONS: STAFF RECOMMENDATION: Resolution 010819E, A Resolution Ordering 2019 Infrastructure Improvement Project. December 19, 2018 CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7657 651-631-2066 FAx HEATHER.BUTKOWSKI@LAUDERDALEMN.ORG TO WHOM IT MAY CONCERN: Notice is hereby given that the city council of Lauderdale, Minnesota will meet in the council chambers of the city hall at 7:30 p.m. on January 8, 2019, to consider the making of the 2019 Infrastructure Improvement Project, an improvement to Eustis Street between Larpenteur Avenue (CSAH 30) and Roselawn Avenue and Roselawn Avenue between the TH280 right-of-way and Fulham Street. The improvement includes the reconstruction of Eustis Street and the rehabilitation of Roselawn Avenue including utility improvements pursuant to Minn. Stat. §§ 429.011 to 429.111. The estimated cost of the improvement is $2,459,830. The City Council intends to assess a portion of the costs against the abutting property owners on those streets. Your affected property may be referenced by the Parcel ID number noted on the envelope. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Sincerely, Heather Butkowski City Administrator RESOLUTION NO. 010819E CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ORDERING 2019 INFRASTRUCTURE IMPROVEMENT PROJECT WHEREAS, a resolution of the city council adopted the 11th day of December, 2018, fixed a date for a council hearing on the 2019 Infrastructure Improvement Project, the proposed improvement of Eustis Street between Larpenteur Avenue and Roselawn Avenue and Roselawn Avenue between the TH280 right-of-way and Fulham Street, and WHEREAS, ten days' mailed notice and three weeks' published notice of the hearing was given, and the hearing was held thereon on the 8th day of January, 2019, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAUDERDALE, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 11th day of December, 2018. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the city council of the city of Lauderdale, Minnesota this 8th day of January, 2019. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action Resolution Work Session Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR _Comp Plan Public Hearing DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Comprehensive Plan was sent to neighboring jurisdictions for review on June 12, 2018. That six-month period ended on December 12, 2018. We received very few comments from our neighbors. We asked the Metropolitan Council (MC) to do a preliminary review of our plan during this time to make sure we were on the same page with them and to expedite the adoption process. The suggested changes were relatively minor with the exception of being given an afforda- ble housing allocation due to the anticipated development of 1795 Eustis Street and land owned by Luther Seminary. The draft is about 98% done. Staff are still reading through and looking for edits. We will be getting a little more information from the city engineer to the address the MC's questions regarding our inflow and infiltration program. The tentative plan is to adopt at the next meeting if everyone is comfortable with the final product. The Comp Plan is included in your packet in the back as we copied separately. OPTIONS: STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Committee Assignments DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Council determines committee assignments and makes other designations at the first meeting of the year. The following document has the committee assignments and designa- tions from last year. Staff carried over the assignments from 2018 to 2019 and will make changes based on the outcome of the discussion. Also included is the Lillie Suburban Newspaper letter indicating their fees for published notices for the upcoming year. OPTIONS: STAFF RECOMMENDATION: Motion to adopt committee assignments and designations as discussed. Mayor Pro Tem Bank Signatories Building Official: Residential Building Official: Commercial Data Practices Officer Data Practices Compliance Officer LMC Metro Cities MWMO NSCC Community Events Police Liaison RCLLG 2018 Dains Gaasch Dains Butkowski CITY OF LAUDERDALE 2019 APPOINTMENTS 2019 Dains David Hinrichs Duane Grace Butkowski City Attorney Council: Moffatt Staff: Butkowski Council: Gaasch Staff: Butkowski Dains Alt: Gaasch Council: Dolphin Alt: Dains Dog Park: Gaasch Day in the Park: Dolphin Fun Run: Moffatt Halloween: Grove Council: Gaasch Staff: Butkowski Council: Grove Alt: Dolphin Gaasch Dains Butkowski David Hinrichs Duane Grace Butkowski City Attorney Council: Moffatt Staff: Butkowski Council: Gaasch Staff: Butkowski Dains Alt: Gaasch Council: Dolphin Alt: Dains Dog Park: Gaasch Day in the Park: Dolphin Fun Run: Moffatt Halloween: Grove Council: Gaasch Staff: Butkowski Council: Grove Alt: Dolphin St. Paul Regional Dains Dains Water Service SRA Council: Dolphin Council: Dolphin Alt: Butkowski Alt: Butkowski Zoning Admin. Bownik Bownik City Engineer Stantec Stantec City Civil Attorney Kennedy & Graven Kennedy & Graven City Pros. Attorney Hughes & Joseph Joseph Law Official Newspaper Lillie Suburban Newspapers, Inc. Lillie Suburban Newspapers, Inc. NOTE: Any councilor may attend LMC, Metro Cities, or RCLLG Meetings. Committees & Commissions Mayor Pro Tem: The council member that will preside over the meeting in the mayor's absence. League of Minnesota Cities (LMC): As a LMC member city, the City receives many services, the two most important being training and representation at the Capitol. The City also purchases insurance through the League's Insurance Trust. There are many different types of LMC meetings and trainings happening year round. All council members are able to get involved. The duty of the LMC appointee is to vote on the City's behalf at the annual meeting, if present. Metro Cities: Metro Cities represents the interests of member cities in the seven county metropolitan area, primarily representing cities before the Metropolitan Council and at the Capitol. The primary duty of the appointee is to vote on the City's behalf at the annual meeting. Mississippi Water Management Organization (MWMO): The City is one member of a joint powers board that manages and monitors the storm water quality in the Middle Mississippi Watershed area. The MWMO covers the southwest part of the city (south of Larpenteur Avenue and west of Eustis Street). North Suburban Cable Commission (NSCC): The City is one of nine northern suburbs that jointly administer cable franchise agreements with Comcast and CenturyLink. The commission also oversees the operation of the local access stations and the institutional network. The board meets the first Thursday evening of each month at the cable commission office in Roseville. Police Liaison: The police liaison meets with the St. Anthony Police Chief as needed. Ramsey County League of Local Governments (RCLLG): Ramsey County cities, school districts, and special districts meet monthly to network and learn through common issues. Meetings are held in the evening on the third Thursday of the month at alternating locations in Ramsey County. Each meeting is organized around a topic or trainer. Suburban Rate Authority (SRA): The Suburban Rate Authority consists of metro communities in a joint powers arrangement that collectively work together to represent municipal interests in dealings with public utility providers like Xcel Energy and CenterPoint Energy. The group also provides a voice for rate payers when the Public Utilities Commission and utility providers negotiate rate increases and service changes. The committee meets quarterly (third Wednesday) at member city locations. Uric § ibusic a ss PIew5 pajpers, Illrllc. Heather Butkowski City Administrator City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Dear Ms. Butkowski: 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-8800 December 3, 2018 Thank you for the opportunity to bid on public notice publication services for the City of Lauderdale. Lillie Suburban newspapers has been serving the needs of the Lauderdale area for 44 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company serving the St. Paul area. It was founded in 1938 by the late T. R. Lillie and continues the family tradition of publishing award-winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Lauderdale area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that Lauderdale area residents look to the Roseville Review as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. The Roseville Review is the official legal designation for Little Canada, Maplewood and the Roseville Area School District. 3 P.M. Thursday is the deadline each week for submitting public notices to our office. Public notices should be directed to Legal Department, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St. Paul, MN 55109. Our fax number is 651-777-8288. Notices may also be sent via e-mail to: le gals @ lillienews. com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $5.75 per column inch for a one-time publication $5.25 per column inch for each additional publication Thank you for considering the Roseville Review as the official legal newspaper for the City of Lauderdale for 2019. If you have any further questions, don't hesitate to contact us. LiLIiE NEWS cerely, Ted H. Lillie Publisher Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New Brighton Bulletin • Shoreview Bulletin • St.Anthony Bulletin • South-West Review Roseville -Little Canada Review • Woodbury -South Maplewood Review • East Side Review LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date January 8, 2019 ITEM NUMBER Small Cities GARE Cohort STAFF INITIAL PEA APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The League of Minnesota Cities and the Government Alliance on Race and Equity (GARE) have partnered for a number of years to provide training on how to advance racial equality. The process is staff and resource intensive so only large, primarily metropolitan cities have participated in Minnesota. They have been trying to create a "small cities" model and Mayor Gaasch has been invited into the conversations around that. She also attended an or- ganizational meeting on the topic late in 2018. Based on that they have created a plan for a new small cities GARE cohort in 2019. Mayor Gaasch is asking the Council to review the materials and see if this is something the City would like to participate in, who would like to be a part of the team if the Council de- cides to participate, and an authorization of the costs to participate. OPTIONS: STAFF RECOMMENDATION: LEAGUE oi MINNESOTA CITIES *. BlueCross GOVERNMENT ALLIANCE ON 0 BlueShield RACE & EQUITY Minnesota SOUTHWEST INITIATIVE FOUNDATION Advancing Racial Equity in Minnesota Cities DRAFT 2019 learning community: pilot and collaboratively design a cohort model The League of Minnesota Cities (LMC) has partnered with the Government Alliance on Race and Equity (GARE) to deliver a cohort training model for advancing race equity over the past several years. Roughly 30 local governments have participated. In recognition that this model is very staff and time intensive and may be better for larger metro jurisdictions and regional centers, the League is working with GARE to develop a revised model that will be less staff time/resource demanding and perhaps of particular interest to medium -to -smaller sized jurisdictions in greater Minnesota. We are inviting local goverments partner with us in developing and piloting that new model in 2019. This will involve sending staff to training and networking sessions as well as contributing to the design and structure of the model. While our geographic focus is southwestern Minnesota, local goverments from any part of the state, including metro, are welcome to participate. Cities will participate in a curriculum that focuses on: • normalizing conversations about race, • organizing internal structures to support the work of institutional culture change and • operationalizing new practices, procedures and policies and using racial equity tools. Teams from participating jurisdictions will be asked to make a 9 -month commitment to the learning process. The structure will consist of 5 skills -building sessions, between -session homework assigned to build leadership for making changes in your cities, and 3 peer-to-peer online exchanges to foster partnerships in this work and to share support. The estimated hourly commitment to participating in onsite and online -facilitated programming is 36 hours (not including travel). The traditional model sought a commitment of 66 hours from participants. Additionally, teams will meet back home to apply theory and tools to advance their racal equity practice. Technical assistance will be provided on an as -requested basis by GARE and LMC. Registration is open from January 2 — February 1 2019. Details on what participating cities receive, are expected to contribute and a draft calendar are detailed below. What will cities receive? Each jurisdiction receives tools and resources, including: • Training and support on using a Racial Equity Tool in policy, practice, program and budget decisions, • Training and support on developing a Racial Equity Action Plan, including outcome measures • Support for identifying and launching pilot projects that demonstrate where to start achieving racial equity outcomes in your jurisdiction • Example policies and practices that help advance racial equity • Access to Memberlink online community hosted by LMC for networking with cohort members, sharing resources, and posing questions to GARE and LMC staff, and • Technical assistance from LMC staff, as requested, with developing a race equity action plan • A racial equity training curriculum to use in leading workshops for staff What is expected from participating jurisdictions? Participating jurisdictions will: • Identify teams of city officials to participate. Teams should choose a leader or co -leaders to be the main liaison between the team and LMC and GARE. Teams should include leadership and staff committed to advancing racial equity and transforming government. 1 LEAGUEoi i MI NN ESOTA CITIES LOCAL AND REGIoNAI. BlueCross GOVERNMENT ALLIANCE ON BlueShield RACE & EQUITY Minnesota SOUTHWEST INITIATIVE FOUNDATION • Complete an enrollment form that designates their team's lead (s) (principal point of contact) and provides information on jurisdiction -specific opportunities and challenges. • Commit to attending each session and completing assignments between sessions. Events will be held in Redwood Falls as much as possible. • Commit to sharing resources, questions and ideas via the facilitated online events as well as via the online community hosted by LMC. • Contribute towards the learning year direct costs (details below). What are the participation fees?* Blue Cross / Blue Shield Center for Prevention has generously underwitten GARE programming to reduce program costs for participating jurisdictions and minimize barriers to entry. LMC is making its staff available free of charge. The Southwest Initiative Foundation is also providing support for the learning sessions. Learning Year Participation 1-3 4-6 PARTICIPANTS PARTICIPANTS $500.00 $1,000 Fees include training, materials, meeting logistics / meals and technical assistance. *If the fees described above present a substantial barrier to participation, please contact LMC. What is the schedule? The curriculum will be subject to adjustment as the year moves forward to allow responsiveness to the specific needs of teams. The process of agreeing upon and confirming upcoming meeting dates and times will be a part of the February 2019 meeting. 2019 Draft MN Small Cities Program (Tentative) *Online community hosted by LMC will be available throughout the year Month Session Learning Topics — Quarter 1 • Gain understanding of the role of government in relation to racial equity • Develop a shared racial equity analysis, including definitions of terminology (racial equity / inequity, implicit / explicit bias, individual / institutional / structural racism) • Identify pilot project opportunities for using racial equity analysis • Designing our group learning plan for future sessions February 7, 2019 9:00 am - 3:00 pm March, 2019 1 pm — 3 pm Online Peer Exchange (facilitated by GARE) • Steps we are taking to normalize conversations about race • Researching your jurisdiction's racial history: What's your story? April, 2019 9 am - 3:00 pm Possible dates: April 11, 25 Learning Topics — Quarter 2 • Using the Racial Equity Tool: case studies and pilot projects • Introduction to communicating about race • Technical Assistance 1 on 1 time for each team May, 2019 1 pm — 3 pm Online Peer Exchange (facilitated by GARE) • Reviewing our progress using the racial equity toolkit • Sharing racial equity vision and case statements 2 LEAGUE )r 1 MINNESOTA CITIES io(At. ,uar, i+r_( I(n,:•, ;.•; • GOVERNMENT ALLIANCE ON •• RACE & EQUITY BlueCross Y ©BlueShield Minnesota SOUTHWEST INITIATIVE FOUNDATION Month Session June tbd, 2019 9 am - 3 pm Learning Topics — Quarter 3 • Creating a Racial Equity Action Plan • Organizing for implementation: Leadership, Core and Interdepartmental Teams • Technical Assistance 1 on 1 time for each team July 2019 Dates/times TBD Technical assistance consultations • One-on-one consultations on your developing plan (LMC staff will meet with your team and staff) in your city • Infrastructure for the implementation journey September, 2019 9am —3 pm Optional training session on how to facilitate dicussions about race in your local government and community • Participate in the workshop session "Advancing Racial Equity, the role of government" • Practice delivering that workshop • Build facilitation skills October tbd, 2019 9 am - 3 pm Learning Topics — Quarter 4 • Develop strategies and actions to achieve community accountability • Share Racial Equity Action Plans and discuss ways to organize internal infrastructure to implement those plans • Technical Assistance 1 on 1 time for each team • MN Small Cities Learning Community Celebration! What is the role of League of Minnesota Cities and GARE? • Manage and implement the overall project, including provision of training, sharing of curriculum, tools and resources, communications and outreach, etc. • Provide technical assistance to support learning and applying theory to practice. About the Government Alliance on Race and Equity GARE is a national network of governments working to achieve racial equity and advance opportunities for all. GARE uses a three -prong approach: • Supporting jurisdictions that are at the forefront of work to advance racial equity. • Building pathways for new jurisdictions to begin doing racial equity work, including cohorts of new jurisdictions. • Expanding and strengthening local and regional collaborations that are broadly inclusive and focused on achieving racial equity. For more information on GARE membership, please review http://www.racialequityalliance.org/members/join/ or connect with Gordon Goodwin, GARE Midwest Region Manager at ggoodwin@raceforward.org. Questions? Please contact: Kevin Frazell, ICMA-CM KFrazell@Imc.org Director of Member Services Tel: (651) 281-1215 3 Rachel Walker RWalker@Imc.org Manager of Policy Analysis Tel: (651) 281-1236 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR HDR -C Zoning District DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In July, the Council authorized Swanson Haskamp Consulting to begin the work necessary to draft text for the High Density Residential—Conservation (HDR -C) zoning district pro- posed in the 2040 Comprehensive Plan. This included community surveys and input oppor- tunities to bring the communities attention to the wooden land being sold by Luther Semi- nary. Following is a summary of the survey 117 residents responded to in November and Decem- ber. Behind that is the draft zoning text ready for discussion during the meeting. The assis- tance city attorney received a copy of the draft but has not done an official "review." This meeting is intended to discuss the idea of trading density for conservation. The draft also explores the idea of using the same concept to encourage "green" construction. OPTIONS: STAFF RECOMMENDATION: Lauderdale Zoning Survey #1 "Breck" / Seminary Woods — summary 12/20/2018 Eight (8) questions were asked in an online survey regarding the use and potential future development of Seminary (or "Breck") Woods in the southeast corner of City of Lauderdale. A total of 117 people responded to the survey questions. A summary of those responses follows. Q1. HOW FAMILIAR ARE YOU WITH THE SEMINARY WOODS (AKA BRECK WOODS) SITE? DO YOU VISIT THERE, USE THE FOOTPATHS, ETC.? A quarter (25%) of respondents are Extremely Familiar with Seminary Woods and likely visit there. A third (32%) of respondents are Not so or Not at all Familiar with the site. Q2. SOME DEVELOPMENT ON THE SOUTHERN HALF OF THE SITE IS LIKELY TO OCCUR. IF DEVELOPMENT OCCURS ON THE SITE, WHAT TYPES OF USES DO YOU THINK WOULD FIT HERE? SELECT TWO. If development occurs on the site, a majority of respondents (57%) think Owner -occupied Villa -style Single-family Houses are a best fit at Seminary Woods. Senior housing is another development type that 35% of respondents feel would fit there, and 27% feel Owner -occupied Multi -family housing (condos) would also fit. Individual comments voiced a collective preference for no development on the site and encouraged preservation of natural land uses such as a nature preserve/conservation. One comment stressed the importance of urban woods as part of the broader linked ecology of the area. Another comment differentiated the southern half, suggesting higher intensity of development is appropriate in the southwest corner versus the southeast where single-family housing is appropriate at the "most" because of access, slopes, and adjacent single-family residential use. Unique suggestions include development of an ice-skating loop/trail, skate park, and neighborhood commercial (e.g. coffee shop). 1 Q3. LET'S GET MORE SPECIFIC...IF RESIDENTIAL DEVELOPMENT OCCURS ON THE SITE, WHAT HOUSING TYPE DO YOU THINK IS MOST NEEDED IN LAUDERDALE? WHAT WOULD YOU LIKE TO SEE HERE? SELECT TWO. Answers to this question confirm responses received in Q2, with Villa -style Single-family Houses as a top choice for 56% of respondents. Senior housing is second with 46% of respondents choosing this type of residential development. 18% of respondents chose Affordable Apartments as a preferable residential development type. Individual comments ranged from preferring No Development/Keep it Green to higher -density residential but keeping the woods, to large single-family homes, to homes using energy-efficient passive architectural construction. Q4. ON THE PORTION OF THE SITE THAT IS DEVELOPED, WHAT ARE THE MOST IMPORTANT SITE CHARACTERISTICS THAT THE ORDINANCE SHOULD ADDRESS? SELECT TWO. Protection of woodlands was an overwhelmingly popular choice (74%) for what site characteristics a zoning ordinance should address with regard to potential development on the site. Trail and transit connections to and through the site was the second most popular response with a third (33%) of respondents choosing this option. Two other site characteristics received 20% each of responses, including to limit the height of buildings and to address proper landscaping. Individual comments indicated some respondents would select ALL of the answers as equally important, and others reiterated the whole site should be preserved as undeveloped nature. One respondent again stressed the importance of the woods as critical to the area's natural functions of surface water management, habitat, and ecology, and that 600 units of high-density residential is enough in this part of the City. One comment encouraged passive architecture. Another described the survey "slanted". Q5. A PORTION OF THE SITE WILL BE PROTECTED FOR PUBLIC OPEN SPACE. WHAT DO YOU THINK THE OPEN SPACE SHOULD BE USED FOR? Respondents had the option to choose their position between Active Uses only (0), to a Mix of Active and Passive Uses (50), or Passive Uses only (100). The average score of responses was 75, which put the sentiment of respondents between a Mix of Active/Passive Uses and Passive Uses only. 2 Q6. AN IMPORTANT CONSIDERATION OF THE ORDINANCE IS DETERMINING HOW MUCH, IF ANY, OF THE CITY'S RESOURCES SHOULD BE INVESTED IN PROTECTING THE LAND AS OPEN SPACE. ARE YOU INTERESTED IN THE CITY EXPLORING WAYS TO PUT ITS RESOURCES INTO PROTECTING THIS AREA? Over a third (36%) of respondents are Extremely Interested in using City resources to protect the land as open space, a quarter 25% are Very Interested, and a quarter (25%) are Somewhat Interested. Q7. HOW IMPORTANT IS PROTECTION OF THIS AREA FOR OPEN SPACE (ACTIVE OR PASSIVE) TO YOU? HOW MUCH OF THE LAND SHOULD THE CITY AIM TO PROTECT FOR OPEN SPACE IN ITS NEW ORDINANCE? Respondents had the option to choose their position from "As much as possible" (0), to "Balance — some protection, some development" (50), and "None — more development, not open space" (100). The average score of responses was 29, which put the sentiment of respondents between "As much as possible" and "Balance — some protection, some development". Q8. THERE ARE TRADE-OFFS THE CITY MUST CONSIDER WITH HOW TO BEST PROTECT A PORTION OF THIS PROPERTY FOR OPEN SPACE. ONE APPROACH IS FOR THE CITY TO PERMIT MORE DENSITY ON THE DEVELOPED PORTION OF THE SITE (WHICH MAY RESULT IN TALLER BUILDINGS UP TO 5 STORIES) BUT IN EXCHANGE A LARGER PORTION OF THE SITE COULD BE PROTECTED INTO PERPETUITY AS OPEN SPACE. HOW DO YOU FEEL ABOUT THIS APPROACH? Responses to this question are spread fairly evenly among options. Only 7% of respondents Strongly Disagree with the approach to allow taller buildings to preserve more open space. Over half (51%) of respondents Agree or Strongly Agree. 30% Disagree or Strongly Disagree. 20% are in the middle. 10.5.4 High Density Residential - Conservation District Section 10.5.4.1 High Density Residential Conservation Design (HDR -C) Purpose The purpose of this district is to allow for the reasonable development of land while protecting, preserving and enhancing the City's ecological resources, and promoting resilient and sustainable building practices. Development within this district shall be consistent with the goals and objectives stated within the City's Comprehensive Plan and the following additional stated Conservation Objectives: 1. Protect ecological function of native woodlands, wetlands and surface water management areas. 2. Enhance and protect opportunities to create ecological connections between parks, the City's nature area and other protected lands with ecological significance. 3. Create public trail connections for Lauderdale residents that provide access to enjoy the City's Open Spaces and Natural Resources. 4. Create public Open Space and Natural Resource areas for the City's residents to access and enjoy. 5. Incorporate Innovative Site Design and Green Building Standards into new development or redevelopment that contribute to the City's long-term sustainability and resiliency. Section 10.5.4.2 Applicability The High Density Residential Conservation Design district shall be available only to properties that meet the minimum standards and regulations as stated herein and that are guided as High Density Residential, High Density Residential Conservation, Mixed -Use South and Mixed -Use North within the City's adopted Comprehensive Plan. Property owners are encouraged to consider utilizing this development district to enhance, protect and achieve the stated conservation objectives for residential development. Section 10.5.4.3 Intent. Subd.1 The City intends to meet the stated Conservation Objectives of this ordinance through a Planned Unit Development process. The property owner or developer will be required to demonstrate how, and to the extent, that they meet the Conservation Objectives as stated herein through the PUD process. In exchange for achieving the Conservation Objectives, the City will consider and provide design flexibility and increased density. The City intends to work collaboratively with the property owner or developer through the process to DRAFT 12.22.2018 1 appropriately identify the applicable Conservation Objectives or a specific property and the correlating flexibility or density provided. Subd. 2. The permitted, conditional and accessory uses permitted within the R-1, R-2, and R-3 zoning districts shall apply, and flexibility from those uses shall be expressly addressed within this District and must be approved by the City Council with the PUD. Subd. 3. The procedures of the City's PUD district shall apply, except as modified and explicitly stated within this District. If a final PUD plan is approved by the City, the property shall be rezoned to the High Density Residential Conservation (HDR -C PUD) District. The permitted uses, regulations and flexibility shall be stated within the HDR -C PUD agreement and documented within the approved plans, resolution and development agreement. The following subsections are requirements for all HDR -C PUDs, unless the City Council allows and approves any exceptions as part of the PUD process. Section 10.5.4.4 Definitions. Subd. 1. Base Density. The permitted number of units or lots calculated from the established minimum density identified within the City's adopted Comprehensive Plan for the guided land use designation. This calculation shall be performed based on the Net Land Area. Subd. 2. Conservation Easement. As defined in Minnesota Statutes, Chapter 84C: A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purpose of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational or open -space use, protecting natural resources, maintain or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. Subd. 3. Conservation Area. Designated land within an HDR -C subdivision that contributes towards the achievement of one or more of the Conservation Objectives. A Conservation Easement must be placed on designated Conservation Areas to protect the Conservation Area into perpetuity. Conservation Areas may be used for preservation of ecological resources, passive recreation, and innovative site design characteristics provided an acceptable Conservation Easement holder can be identified. Subd. 4. HDR -C Subdivision. Any development or redevelopment that incorporates the concepts of designated Conservation Areas or innovative site design and green building standards as defined herein.. Subd. 5. Green Building Standards. New construction that achieves LEED Certification, incorporates LEED standards, or other industry recognized energy DRAFT 12.22.2018 2 and/or environmental building characteristics. The plan set shall include architectural plans, LEED checklists, or other supporting documentation. Subd. 6. Homeowners Association or Management Company. A formally constituted non-profit association or corporation made up of the property owner(s) and/or residents of a development for the purpose of owning, operating and maintain common Conservation Areas and/or other commonly owned facilities and Open Space. Subd. 7. Innovative Site Design. New development or redevelopment that incorporates resiliency, sustainability, energy efficiency or other alternative site design considerations. Such elements must be clearly demonstrated through the plan review process and may be graphically shown through site plans, shade/solar studies, landscape plans, etc. Subd. 8. Net Land Area. The total land area in a proposed HDR -C subdivision excluding land that is: slopes greater than 18%, wetlands, required wetland buffers, protected easement areas. Subd. 9. Open Space. Land that is not designated as a Conservation Area that is used for parks, innovative site design characteristics, trails or other uses. Open Space may be owned and managed by the City, homeowner's association of other entity. Section 10.5.4.5 General Performance Standards. The City Council may grant flexibility from the requirements of the existing zoning district, or other requirements of this code if the proposed HDR -C subdivision meets the Conservation Objectives. In considering how much, if any flexibility, is warranted the City will evaluate the amount and quality of Conservation Areas protected, the public access to or enjoyment thereof, and if Green Building Standards or Innovative Site Design standards have been incorporated into the development plan. Subd. 1. Conservation Objectives and Determining Flexibility. Conservation Area(s) shall be designated and located within a subdivision to maximize achievement of the City's Conservation Objectives. All Green Building and Innovative Site Design standards utilized must be documented and demonstrated at time of application. The opportunity to achieve the Conservation Objectives will be site specific, and each project will be evaluated independently to determine the extent to which the Conservation Objectives are met. Subd. 2. Increased Density. Each property shall be entitled to the Base Density which is calculated from the minimum density range of the land use designation identified within the adopted Comprehensive Plan. Any increased density or additional number of dwelling units shall be calculated in 25% increments up to the maximum dwelling units per acre permitted within the guided land use designation identified within the adopted Comprehensive Plan. Any density beyond the guided land use designation shall be at the discretion of the City Council. DRAFT 12.22.2018 3 Subd. 3. Other Areas of flexibility. In addition to increased density, other areas of flexibility may be requested to meet the City's Conservation Objectives. The following flexibility may include: 1. Lot size, lot width, structure setback 2. Housing types. 3. Landscaping. 4. Screening. 5. Park Dedication. Section 10.5.4.6 Conservation Area Ownership. Subd.1. Any improvements in areas designated as Conservation Areas in an HDR -C PUD shall be established, protected and owned in accordance with the following requirements: 1. Designated Conservation Areas shall be surveyed and subdivided as separate Outlots, and legally described on the Final Plat. 2. Designated Conservation Areas must be protected into perpetuity in the agreed to uses described within the Conservation Easement in accordance with Minnesota Statute Chapter 84C.O1-05) and must run with the land. The Conservation Easement must be approved by the City Attorney and must explicitly define the permitted uses within the Conservation Area. a. The permanent Conservation Easement may be held by any combination of the entities defined by Minnesota Statute Chapter 84C, but in no case may the holder of the Conservation Easement be the same as the owner of the underlying fee title. b. The permanent Conservation Easement shall be recorded with Ramsey County and must specify, at a minimum, the following: i. The entity that will maintain the designated Conservation Area. ii. The purpose of the Conservation Easement, that the easement is permanent, and the conservation values of the property. iii. The legal description of the land under the easement. iv. The restrictions on the use of the land from future development. v. To what standards the Conservation Areas will be maintained, and the responsible party(ies) for such maintenance. vi. Who will have access to the Conservation Area. c. The underlying fee of each designated Conservation Area parcel may be held/owned by any combination of the following entities: i. A common ownership association, subject to the provision in the HDR -C PUD District. ii. An individual who will use the land consistent with the permeant Conservation Easement. iii. A private nonprofit organization, specializing in land conservation and stewardship, that has been designated by the Internal DRAFT 12.22.2018 4 Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code or successor sections. iv. The City of Lauderdale, at its discretion, and if determined there are not other viable options. 3. Open Space areas that are not a part of the Conservation Areas may be established without protection of a Conservation Easement, and consideration of how, or if, such areas contribute to the Conservation Objectives will be determined at the discretion of the City Council., 4. Innovative Site Design and Green Building standards may or may not be a part of a designated Conservation Area, and those that are a part of the Conservation Easement must be expressly permitted uses within the Conservation Easement descriptions. Those characteristics or building standards that are used in granting design flexibility or increased density that are not a part of a Conservation Easement must be detailed within a restrictive covenant or homeowner's association covenants that is recorded against the property. Section 10.5.4.6 Conservation Area Management and Maintenance Plan ("Plan"). Subd. 1. Plan Content Requirements. For any designated Conservation Area, a plan for the development, maintenance and insurance of the Conservation Area must be identified and approved as part of any HDR -C PUD. The Plan must address, if applicable: 1. Define the ownership of the Conservation Area. 2. Describe the method of land protection. 3. Regular and periodic operation and maintenance responsibility. 4. Insurance requirements, and other associated costs with the maintenance and management of the Conservation Area and how the necessary fees will be obtained (through a homeowner's association, rents, or other funding mechanism) Subd. 2. Plan submittal requirements. As part of the initial application for an HDR -C PUD, the project proposer must submit a narrative and maps that describe the following: 1. Existing Conditions which identifies the particular Conservation Objective(s) addressed within the Conservation Area. This should include all natural, cultural, historic, and scenic elements in the landscape. 2. If protection of an existing natural area/natural resource is proposed, a Natural Resource Inventory prepared by an ecologist, or similarly designated professional, shall be prepared and submitted as part of the Plan. 3. Objectives for the Conservation Area including: a. The proposed permanent for maintained landscape condition for each area. b. Any restoration or enhancement of natural features. DRAFT 12.2.2.2018 5 c. Maintenance plan including: i. Activities performed for any restoration. ii. Post -restoration activities. Subd. 3. Funding of Operation and Maintenance. The City may require an applicant to escrow sufficient funds for the maintenance operation costs of Conservation Areas depending on the restoration measures identified within the Plan. The amount and duration shall be at the discretion of the City Council, but shall be proportional to the effort proposed. Subd. 4. Enforcement. In the event that the fee holder of the Conservation Area fails to properly maintain all or any portion of the Conservation Area, the City in coordination with the holder of the easement may serve written notice upon such fee holder setting fort the manner in which the fee holder has failed to maintain the Conservation Area. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the fee holder, or any successor organization, shall be considered in violation of this Ordinance, in which case the City shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the City shall be assessed against the properties that have the right of enjoyment of the common areas and facilities. Section 10.5.4.7 Conservation Area Design Standards. The following Conservation Area design standards shall be considered in designing the HDR -C PUD: 1. Conservation Area should be adjacent to, or incorporate existing natural features of the site, when possible to accomplish a larger interconnected and contiguous network of open spaces. 2. The quantity of land protected and the extent to which contiguous areas are designated. 3. Incorporate public and private trails that connect to the City's existing sidewalks and other natural/park areas. 4. Stormwater management features should consider innovative solutions and should be designed to feel natural and support the open space network. 5. Stormwater management facilities may be located within a Conservation Area but may not be used as part of the reasoning for increased density, unless such design incorporates innovative and low -impact development characteristics not required as part of a standard permitting process. Section 10.5.4.8 Landscape Design Standards in HDR -C The following Landscape Design Standards in HDR -C PUD subdivision should be considered: DRAFT 12.22.2018 6 1. The selection of vegetation should be guided by natural vegetative community types found in the Minnesota Land Cover Classification System and MnDNR's pre -settlement vegetation mapping information for the area. 2. Reduction or eradication of invasive species from a site. 3. Creating a natural design plan for surface water management features should be incorporated, and native species prioritized where possible. 4. Integration of nature trails and foot paths should be explored and should connect to the City's existing, parks, trails and open spaces, when possible. 5. Better Site Design/Low Impact Development practices as identified in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency shall be used to design sites and meet the performance standards. Section 10.5.4.8 Innovative and Green Building Standards. The following innovative and green building standards should be considered in designing the HDR -C PUD: 1. Consider obtaining LEED certification on new buildings. 2. Include energy star appliances and other energy efficiency measures within new buildings. 3. Explore incorporating alternative energy sources in new building designs such as solar, geothermal, etc. 4. Site new buildings to respond to existing climate conditions, such as solar/shade positioning, wind, etc., to minimize energy use. 5. Consider material choices that are renewable, and/or designed to create a more energy efficient building. Section 10.5.4.9 Site Design Process. In addition to the requirements stated within the City's adopted PUD process, the Applicant must also include the following: 1. Graphics and Supporting information that identifies how the Conservation Areas were identified. This should include, at a minimum, the following: a. Identify "unbuildable" areas that include: slopes greater than 15%, wetlands, wetland buffers, and protected easement areas. b. Identify areas designated as Conservation Area. To support the establishment of the Conservation Area, the following should be submitted: i. Natural Resource Inventory of the Site: This should include, at a minimum, identification of the Land Cover and existing vegetation. ii. Wetland Delineation iii. List of any known protected species, plants and/or animals, as obtained from the MnDNR. c. Identify the Net Land Area. DRAFT 12.22.2018 7 2. Identify proposed location of new structures outside of proposed Conservation Area. 3. Demonstrate how buildings were sited, and if such siting meets criteria established within 10.5.4.8. 4. Design and locate streets and trails and demonstrate auto and pedestrian connections. 5. Show lot lines, including Conservation Area Outlots. Section 10.5.4.10 HDR -C PUD Application Process. The review and approval procedures of the City's adopted PUD District shall be used to review and approve CD-PUDs. Prior to the Concept Plan State PUD applications, the City encourages applicants to engage in an informal meeting the City to establish and identify the goals for a specific site that meet the City's Conservation Objectives. DRAFT 12.22.2018 8 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date January 8, 2019 ITEM NUMBER pecial Assessment Policy_ STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Special Assessment Policy was last revised before the 2000-2003 street improvement projects. Based upon its age, it needs updating for a couple of reason. 1. State law has changed. The revisions presented reflect the changes made in state law since 2000. 2. Improve readability. When trying to apply the policy to the current proposed project, it became apparent where the policy wasn't clear and where the language could generally be improved or made more concise. 3. Apply to a wider variety of projects. This policy was written specifically for the 2000- 2003 street improvement projects and this project is different in some ways as will future proj ects. The plan for the meeting is to walk through the policy to highlight important changes or are- as for discussion. This was drafted by Dave Anderson from Kennedy and Graven who will be in attendance. Adoption of changes would be anticipated at the next meeting. OPTIONS: STAFF RECOMMENDATION: UPDATED ON 2019 CITY OF LAUDERDALE - SPECIAL ASSESSMENT POLICY MANUAL SECTION 1: GENERAL POLICY STATEMENT The purpose of this special assessment policy manual(hereinafter, the "Policy") is to set forth a guide of policies and procedures to be followed by the City of Lauderdale (hereinafter, the "City") in making public improvements and charging special assessments to finance such public improvements. Minnesota State Statutes, Chapter 429, provides that a municipality shall have the power to make certain public improvements such as, including but not limited to. sanitary sewers, storm sewers, water source and distribution facilities, street improvements including grading, curb &and gutter, surfacing, sidewalks and street lighting. The various procedures that a municipality must follow in regards to financing public improvements are well =defined within the law. The special assessment is a device used to finance these public improvements desired bythat benefit a particular neighborhood or area. The beginnings of use of the special assessment dates back over three hundred years. It has now grown to be an essential and reliable source of municipal revenucpublic improvement project funding A. CHARACTERISTICS, CRITERIA, AND APPLICATIONS Special assessments are defined by three distinct characteristics: 1. They are compulsory charges used to finance particular public improvement programs. 2. The special assessments are charged only against those particular parcels of property deemed to receive some special benefit from the program. 3. The amount of the assessment bears some relationship to the value of the benefits received (a) the assessment must be confined to property specially benefited; and Special assessments reflect the influence of a s• - ' ' • . • ' 11 • • -11-1 •1 1- - - of selected property. No matter what method the City uses to establish the amount of the assessment, the real measure of benefit is the increase in the market value of the • 1• •- - _ - • 1- H• • -11-1 ••- 11- •- - are presumptively valid if: 550340v7 DTA 1 A135-3 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 1. The land receives a special benefit from the public improvement. {b} t -e2. The amount of the assessments mustdoes not exceed the special — benefitsbenefit 3. The assessment is uniform in relation to the same class of property within the assessment area. In theory, special assessments are frequently regarded as more equitable than property taxes because a mom direct benefit is received from the improvements undertaken. Also, special assessments are only imposed on real estate, and they are never levied upon personal and/or movable property. Special Assessments have three important applications: 1. Financing New Improvements. The assessments are frequently used to finance new public improvements, such as the opening and surfacing of streets, installation of utility lines, construction of curb and gutter, and the provision of street lighting. 2. Financing Redevelopment. When commercial and residential neighborhoods are confronted with deterioration, special assessments can be utilized in a variety of ways to good advantage to redevelop and revitalize an area. 3. Financing Major Infrastructure Maintenance Programs. Large-scale repairs and maintenance operations on streets, sidewalks, sewers and cimilarother public facilities can and often should be financed with special assessments. SECTION 2: INTENT The policies contained in this document establish and delineate a procedure for undertaking public improvements and levying special assessments pursuant to Minnesota State Statutcsstate law This pel-i-GyPolicv should be viewed as a starting point for conducting assessments for public improvement projects. When an improvement conveys special benefit to properties in a definable area, the City intends temay levy special assessments on those benefited properties to finance such improvements. It shall be the policy of the City of Lauderdalc that the amount of the assessment for public improvements should not exceed the special benefit to the property. The City will use the assessment policythis Policy to insure that assessments have a reasonable relationship to benefits. Public improvements include the construction and reconstruction of streets, sidewalks, storm sewer, sanitary sewer, 550340v2 DTA IA I3S-3 2 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL water works, street lighting, or any other public improvements allowed by Stateunder state law. When applying this assessment policy manualPolicy, the City Council reserves the right to adjust the policyPolicy so as to achieve a more fair or equitable distribution of special assessments. This may occur in the event that the literal application of the provisions outlined herein would result in an inadequate distribution of special assessments. TheAdditionally, the City Council reserves and maintains the right to apply this olicy exercise any rights related to -• 1 11 • 1. .1 • 1 - Finally it should-alse be noted that any errors or omissions in this policyPolicy are not to be held against the City of Laudcrdalo. SECTION 3: GENERAL ASSESSMENT POLICY A. TYPES OF IMPROVEMENTS This policyPolicv shall relateapgly only to those public improvements allowable under Minnesota State Statutes, Chapter 429. Those public improvements include, but are not limited to, the following: • Street Improvements; including curb, gutter, grading, graveling, and surfacing • Sanitary sewer system improvements • Water utility system improvements • Storm sewer and drainage systems • Planting, trimming, care and removal of trees • Sidewalks • Street lighting systems • Service charges that are unpaid for the cost of rubbish removal from sidewalks, weed elimination, and the elimination of public health or safety hazards, upon passage of appropriate ordinances. 550340v2 DTA LA135-3 3 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL B. INITIATION OF IMPROVEMENTS The initiation of public improvement projects may occur in one of three ways: 1. Petition of not Tess than 35% of property owners. An improvement project can begin with a signed petition by the owners of not less than 35% of the frontage of the real property abutting the proposed improvements. This improvement can only be ordered after a public hearing. 2. Petition of 100% of property owners. An improvement project can begin with a signed petition by the owners of 100% of the frontage of the real property abutting the proposed improvements. This improvement does not require a public hearing, and may be ordered by the City Council by a simple majority vote if the petitioning property owners agree to pay 100% of the costs of the improvements. 3. City Council Initiation. No petition is needed. This improvement can only be ordered after a public hearing. The resolution ordering the improvement must be adopted by_a four-fifths (4/5) vote of the City Council. A complete outline of the public improvement process is provided in Section 9-:9 of this Policy. C. GENERAL DEFINITIONS 1. Project Cost. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, including expenses incurred or to be incurred in making the improvement that includes engineering, consulting, legal, administration, financing, easements, right-of-way acquisition, and other contingent costs. 2. City Cost. Where the project cost of an improvement is entirely attributable to the need for service to the areas served by said improvement, or whereas unusual conditions beyond the control of the property owners in the area served by the improvement would result in inequitable distribution of special assessments, the City, through the use of other funds, may negotiate such "city costs" which, in the opinion of the City Council, represents those costs not directly attributable to the area served. 3. Assessable Cost. The "assessable cost" of an improvement shall be defined as those costs which, in the opinion of the City Council, are attributable to the need for service in the areas served by the SS( 340v2 PITA I.A135-3 4 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL improvement and are not in excess of the special benefit conveyed to the property by the improvements. 4. Use of Other Funds. If financial assistance is received from the federal government, from the State of Minnesota, or from any other source to defray a portion of the cost of a given improvement, such aid will first be used to reduce the city cost of the improvement. 5. City Property. City -owned property, including municipal building sites, parks, nature areas, but not including pubic streets and alleys shall be regarded as being assessable on the same basis as if such property was privately owned. 6. Application of Policy. In the event the literal application of the provisions outlined hereinin this Policy would result in an inadequate distribution of special assessments} in the epinionsole discretion of the City Council, the City Council reserves the right to adjust the policyits application so as to achieve a more equitable distribution. Such adjustment may be based on current or anticipated land use. SECTION 4: METHOD OF ASSESSMENT A. DEFINITIONS The assessable costs of thea public improvement shall be distributed among the affected property owners according to the methods outlined in this section. The following shall apply in determining assessable costs: 1. Adjusted front footage shall be expressed to the nearest foot. 2. Measures of dimension, distance, or size shall be based on recorded platting data, wherever possible. B. FRONT FOOTFOOTAGE METHOD ImprovementPublic improvement costs are commonly distributed according to the "adjusted front footage" of a taxable parcel or lot. In this method, the c yCity determines a rate of assessment per front foot. The result is an assessment that applies to each parcel as follows: 550340v2 DTA LA I35-3 5 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL Assessment = Assessment rate per front foot x parcel's adjusted front footage Because individual parcels can differ considerably in shape and area, the following procedures will be used to calculate what the adjusted front footage is for particular parcels. 1. Rectangular Interior (Standard) Lots. For rectangular interior lots, the footage equals the dimension of the side of the lot abutting the public improvement. 2. Cul-de-sac Lots. For cul-de-sac Tots, footage equals the lot width at the building setback requirement line abutting the public improvement. 3. Curved Frontage Lots. For other lots with curved frontage, footage equals the dimension of the side of the lot abutting the public improvement. 4. Corner Lots. When street improvements are made to both sides of a corner lot, in the case of a street improvement project which abutsabutting both sides of a corner lot, 100 percent (100%) of the adjusted front footage of the shortshorter side will be assessed and 25 percent (25%) of the adjusted front footage of the l glonger side will be assessed for improvement benefiting the respective sides. The length of the property sides and not the orientation of the principal building shall determine the adjusted front footage in this case. The shortshorter property side shall be considered the principal side. When public improvements are made to only one side of a corner lot where the longlonger side of the lot is affected, 25 percent (25%) of the adjusted front footage of the Iongsaid Iortger side will be assessed for - improvement. considered as one parcel or lot for determining which is the short or long side of a property. 5- Double Frontage Lots. If a parcel comprises frontage on two streets and acSsessrment wilt lots lacking the will be assessed on the basis of the average of the twag-es. ;;(y 4O l DTA LAI treated as one side to be assessed at 25%. 6 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL /0,0 - •/ - -• i • j 1 - • ,i • -•- _ - 1.1 1 - - or intersecting streets but not a corner lot ma be assessed for any street 11• • -11-1 1- • • 1• • 1- • II _ provided herein. C. AREA METHOD Assessments may be distributed according to the gross area of the benefited lot or parcel. The assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment. Assessment = Assessment rate per acre or sq. ft. x area to be assessed (acres or sq. ft.) Where appropriate, an allowance will be made for streets. When the area is platted, a deduction will be made for the actual and proposed street right-of-way. For unplatted land with no streets platted or proposed, a deduction of 20% of the gross acreage applies as a street credit. D. UNIT/WEIGHTED LOT METHOD When the City Council determines that the assessable cost would be more equitably distributed on a unit basis, all lots will be reviewed for conformity and a standard lot size will be determined. Any lot that could be divided to form more than one lot shall be given a weighted lot or residential equivalent unit. Each residential equivalent unit shall be charged with one assessment charge. New subdivisions will generally use the unit/weighted lot method for all improvements. Again, special assessments reflect the influence of a • . • ' 11 • • -11-1 •1 1- . - of the property benefited No matter what method the City uses to establish the amount of an assessment the measure of benefit is the increase in the market value of the land because of the improvement. and special assessments cannot exceed that amount. SECTION 5: STREET IMPROVEMENTS A. NEW STREET CONSTRUCTION Street construction is defined as the initial installation of a permanent street into an area, consisting of the necessary grading, base, hard surfacing (bituminous or concrete), and curb and gutter. 550340v/ DTA LA135-3 7 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 1. Policy. Street construction will occur only after all utilities and utility service lines have been installed to serve each known and assumed location. No street construction shall be approved for less than both sides of a street except as necessary to complete the improvement of a block that has previous partial completion. 2. Method of Assessment. The assessable costs for street construction shall be distributed among benefited properties on an adjusted front footage or unit basis. 3. Assessable Cost. The assessable cost equals 100 percent (100%) of the entire project cost for the street construction including intersections, alley openings, and street openings, subject to the special benefit standard. B. STREET RECONSTRUCTION AND RESURFACING Street reconstruction and resurfacing is defined as the rehabilitation of an existing street. Street reconstruction and resurfacing projects shall include} but are not limited to, the following: • Rehabilitation of an existing street: Reconstruction of an existing street including but not limited to grading, nccesvary drainage, curb and gutter and hard surfacing. • Cold in place recycling and repaving (CIR/Repaving): Recycling of existing deteriorated pavements by pulverizing, mixing with new asphaltic oils and compacting in place. New paving materials are then placed over the cold recycled pavement similar to a standard overlay. • Bituminous Overlay: Placement of an additional bituminous layer, generally one to two inches thick, over an existing bituminous surfaced street. • Concrete Pavement Restoration: Replacement of existing concrete panels which have deteriorated, mud jacking panel to improve rideability, and the filling of joints and cracks with a petroleum-based material to eliminate flow of water to the base below the surface. 1. Method of Assessment. The assessable costs for street construction shall be distributed among benefited properties on an adjusted front footage basis. 2, Assessable Cost. The front footage assessment rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage x 40 percent (2/5 or 0.40). The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel. 55(34Ov2 DTA 1 Al35-3 8 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 2 Assessable Cost. The assessable cost equals 100 percent of the entire project cost for street reconstruction and resurfaci •. subject to the special benefit standard. 3. Front Foot Maximum. For single-family residential units and duplexes, the maximum amount of footage to be assessed for individual adjusted front footage for each parcel or lot shall be eighty (80) feet. C. MAINTENANCE Maintenance is a cost-effective measure to extend the useful street life of a particular roadway and to delay street reconstruction needs. Maintenance projects shall include but are not limited to the following: • Crack Sealing - Placement of petroleum-based material in the cracks of a bituminous surfaced street for the purpose of eliminating the flow of water from the surface to the aggregate base material below. • Bituminous Seal Coating - Placement of petroleum-based material and aggregate on an existing bituminous surfaced street for the purpose of filling cracks and covering mild wear. • Bituminous Surfacing Patching - Repair or replacement of existing bituminous surfacing or portions of surfacing which has deteriorated. 1. Assessable Costs. Maintenance improvements are not assessable costs. D. APPURTENANCES Appurtenances are items such as sidewalks, street lighting, or trees that are often encountered during street improvement projects. 1. Policy. Appurtenances to new street construction, street reconstruction or resurfacing projects shall be included in the cost of the street improvement project and assessed according to those methods and policies. Appurtenances constructed or provided separate from new street construction street reconstruction or resurfacing projects shall be assessed ua to 100° percent of the entire project cost. subject to the special benefit standard SECTION 6: SANITARY SEWER AND WATER IMPROVEMENTS 550340v3 DTA TAI35-3 9 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL A. SANITARY SEWER AND WATER - MAINS AND TRUNKS Repair and replacement of sanitary sewer or water mains are usually done in conjunction with a street improvement project, when needed. 1. Assessable Costs. New Sanitary sewer and water main improvements arcmay be assessed up to 100 percent a"sec-sed to benefiting properticc, subject to the special benefit standard. Replacement sanitary sewer and water main improvements are not assessable costs. B. SANITARY SEWER AND WATER - INDIVIDUAL SERVICES All individual service lines from buildings to the property IineCity's mains are the responsibility of the benefited -property owner. However the Cit ii . .i i 1 improve. or replace, if necessary, said individual service lines between the individual property line and the City's mains in the public right-of-way 1. Assessable Cost. 1 ividua-ICosts to repair or replace individual sanitary sewer lines and individual water service lines between the individual servicesproperty line and the City's main are not assessable costsup to 100 percent. subject to the special benefit standard SECTION 7: STORM SEWER SYSTEM IMPROVEMENTS Storm drainage and ponding/basin systems are usually constructed to serve a specific drainage or "watershed" area. The cost of storm system and drainage improvements shall not be assessed pursuant to this p l+eyPolicy. In 1991, thcThe City has established a Storm Water Drainage Utility (City Code 8-3-1)-i. Although the ef- Lauderdalc. The revenues collected for this Utility are intended to fund the general operating costs of the storm and drainage system, along with capital improvements associated with this overall system. costs for these types of projects may also be assessed up to 100 percent, subject to the special benefit standard SECTION 8: SUPPLEMENTAL ASSESSMENT GUIDELINES ii014)y2 IATA 1.AHS-3 10 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL A. SUPPLEMENTAL ASSESSMENT AND REASSESSMENT The City Council may, subject to legal notice and hearing requirements, make supplemental assessments to correct omissions, errors, or mistakes in the relating to the total cost of thea public improvement or any other particular item. If an assessment is set aside by a court for any reason or if the Council finds that the assessment or any part of it is excessive or determines on the advice of the City Attorney that it is or may be invalid for any reason, the Council may upon notice and hearing as required for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. B. PRELIMINARY PLAT CONSIDERATION Land could be considered for assessment based on preliminary plat consideration. The consideration will occur only when the following scenario exists: 1. The City Council has approved the preliminary plat; and 2. A public hearing ordering the improvement project has not yet occurred. In the event this exists, assessment frontages may be calculated based upon the proposed lot configuration within the preliminary plat. Road right-of-way within the proposed street alignment will not be subject to assessment. C. TAX-EXEMPT PROPERTY Other than land under GityCity ownership, there are three two categories of tax exempt property. Said properties are to be assessed as follows: cption of urfacing. The front footage assessment rate for tax exempt shall be determined by dividing the project east by the total number of adjust°: e • - • - - : je footage. It is important to note that the ass - - • • e - e • e - - -d the special benefits conferred. 2. State land is subject to assessment based upon procedures set forth in Minnesota State Statutes, Section 435.19, subd. 2. 3.2. County land and land owned by all other local taxing jurisdictions is subject to assessment and shall be assessed in the same manner as if it were privately owned, subject to the limitations set forth in Minnesota State Statutes, Section 435.19, subd.1, as Ion: - - not exceed the special benefits conferred. D. COMMERCIAL PROPERTY 550340v2 DTA LA135-3 : 11 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL All aspects of this policyPolicy apply to commercial property including properties that are otherwise tax exempt including religious, charitiable, and educational institutions with the exccption of S- _ _ - - - _ -- - e - _ e • •••• - _ _ g. The the project cost by the total number -of a-djuste individual adjusted front footage. E. MULTIPLE DWELLING UNITS Multiple dwelling units are defined for the purposes of this policyPolicy as those that consist of three five or more dwelling units. All aspects of this policyPolicy apply to multiple dwelling units with the exception of S e-elwe-1-1-ing-u-n-its shall be otage. It is important to note that the F. TOWNHOUSES AND CONDOMINIUMS All aspects of this policyPolicy apply to townhouses and condominiums with the d street reconstruction and resurfacing. The front dividing th G. TAX FORFEITURE ASSESSMENTS When a parcel of tax forfeited land is returned to private ownership, and the parcel is benefited by an improvement for which special assessments were canceled because of the forfeiture, the City may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to the parcel in an amount equal to the remaining unpaid on the original assessment. H. NEW DEVELOPMENTS AND SUBDIVISIONS The public improvement costs of new subdivisions shall be the sole responsibility of the property developer except consideration shall be given for assessing any other properties that receive special benefit from the improvements. I. ASSESSMENT OF NON -CITY ROADS The City reserves the right to assess its share of county road projects to properties along county roads in the same manner as city streets are assessed. 550340v2 DTA LA135-3 12 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL SECTION 9: LOCAL IMPROVEMENT PROCESS A. INITIATION OF PROCEEDINGS Improvement project proceedings may be initiated in any one of the three (3) following ways: • Petition by not less than thirty five percent (35%) of the affected property owners determined by front footage. • Petition by 100% of the affected property owners. • By order of the City Council. B. PROCEDURAL STEPS FOR PROJECTS WHICH ARE NOT 100% PETITIONED An improvement project that is initiated by action of the City Council or by a 35% petition may be ordered only after a public hearing. The following are the procedural steps that must be followed by the City Council prior to the ordering of an improvement if it is not initiated by a 100% petition. 1. Feasibility Report. Prior to adopting a resolution calling a public hearing on an improvement, the City Council must secure from the City Engineer aor some other competent person of its selection a • - '11.1 - r report advising it in a preliminary way:a.) as to whether the proposed improvement is necessary, cost-effective and feasible;b) and as to whether it should best be made as proposed or in connection with some other improvement; andc.) . The report must also include the estimated cost of the improvement as recommended [See "Resolution Ordering a Preparation of Report on the Improvement" attached in the Appendix as Form 4A, LMC Special Assessment Toolkit] 2. Resolution Calling Public Hearing. The City Council must adopt a resolution calling a public hearing on the improvement project. Mailed and published notice of the hearing must be given as described in the next paragraph below. The notice of public hearing must include the following information: a.) the time and place of the public hearing; b.) the general nature of the improvements; c.) the estimated costs; and d.) the area proposed to be assessed 503400 DTA 1.A 135-3 13 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL [See "Resolution Receiving Feasibility Report and Calling Hearing on Improvement" attached in the Appendix as Form 5- Form 5, LMC Special Assessment Toolkit] 3. Mailed Notice of Hearing to Property Owners Proposed to be Assessed. Not Tess than ten (10) days before the hearing, the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. For purposes of determining who is to receive notice, the owners of the property are those shown on the records of the county auditor, . - - - - - - •• - The owners of. For property that is tax exempt or subject to taxation on a gross earnings basis shall be as certifiedand not listed on the records of the county auditor, the owners may be ascertained by any practicable means. [See "Notice of Hearing on Improvement" attachcd in the Appendix as_ Form 66 LMC Special Assessment Toolkit] 4. Published Notice of Hearing. The notice of public hearing must be published in the city's legal newspaper at least twice, each publication being at least one week apart, with the last publication occurring at least three days prior to the hearing. 5. Resolution Ordering the Improvement. The resolution ordering the improvement must be adopted within six months of the date of the public hearing by a four-fifths vote of the City Council, unless the improvement was initiated by a thirty-five percent (35%) petition, in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice. [See "Resolution Ordering Improvement and Preparation of Plans" attach- _ • • - A - - - - •- Form 7, LMC Special Assessment Toolkit] C. PROCEDURAL STEPS FOR 100% PETITIONED PROJECTS Improvement projects, which are initiated by a 100% petition, may be ordered by the City Council without a public hearing if the petitioning property owners agree to pay 100% of the costs of the improvements. If any portion of the cost of the improvements including issuance costs of the bonds, such as discount, capitalized interest and legal fees, are not included in the amount assessed, but are to be repaid by an ad valorem property tax levy, a public hearing must be held. The following are the procedural steps for a 100% petitioned project: 550340v2 DTA LAI 35-3 14 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 1. Petition. The City Council must receive a petition which is both signed by all of the owners of the real property abutting any street named as the location of the improvement, and states that they agree to pay 100% of the cost of the improvements. [See I -- e cd in the AppendixPetition • - 111 •V-11-1 11.- -1 • • •I -t • k 1- - • 11 11 Special Assessment Toolkit] as Form 1] 2. Resolution Determining Sufficiency of Petition and Ordering Improvement. Upon receipt of the 100% petition, the City Council must determine that it has been signed by 100% of the owners of the affected property, and that they have agreed to pay 100% of the costs of the improvements. After making this determination, the project may be ordered without a public hearing. D. ISSUANCE OF BONDS At any time after the City Council has ordered the improvements, the City Council may issue its general obligation bonds to finance the cost of the improvementsim accordance with state law. In the event of any omission, error or mistake in any of the proceedings precedent to the ordering of the improvements, state law provides that the validity of the bonds will not be affected by such deficiencies. However, deficiencies in these proceedings may result in property owners successfully appealing the special assessments levied against their property. -•- Council that at least 20% of the cost of each improvement project will be specially assessed against the -benefited property, and the City Council will takc all further assessments. These two covenants are necessary in order for the bonds to be issued without an election. E. LETTING CONTRACTS 1. Ordering Plans and Specifications. After the ordering of an improvement project, the City Council must order the preparation of plans and specifications. This may be included as part of the resolution ordering the improvement. [See "Resolution Ordering Improvements and Preparation of Plans" attached in the Appendix as= Forms 7 and 7A. LMC Special Assessment Toolkit] S SO34Ov2 DTA LA 115-; 15 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 2. Advertisement for Bids. If the estimated cost of the improvement exceeds $25,000,175.000. bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city or in a trade paper not350.000. publication shall be made no less than three (3)- weeks 3}weeks before the last date of theday for submission of the bids once in - -� •.�- .116 . .� - 1 - •.o- • •-• 1 of the first class or a recognized industry trade journal. The notice must contain the following information: a.) the work to be done; b.) the time when the bids will be publicly opened for consideration by the City Council, which must not be less than ten (10) days after the first publication of the advertisement when the estimated cost is less than $100,000,350.000, and not less than three (3) weeks after publication in all other cases; and c.) a statement that no bids will be considered unless they arc sealed and filed with the clerk and accompanied by &cash deposit, a- cashier"s check, bid bond, or certified check payable to the clerk, for such percentage of the amount of the bid as specified by the City Council may specify. [See "Resolution Approving Plans and Specifications and Ordering Advertisement for Bids" - - • -- • • - - _ -. - e •• • Form 9, LMC Special Assessment Toolkitl 3. Award of Contracts. The City Council must either award the contract to the lowest responsible bidder or reject all bids. The contract must be awarded no later than one year after the adoption of the resolution ordering the improvement, unless the resolution ordering improvement specifies a different time limit. [See "Resolution Accepting Bid" attached in the Appendix as Form Form 20 LMC Special Assessment Toolkitl If : a.) b.) c.) 550340v2 DTA LAI }-3 the initial cost of the entire work does not exceed $25,000175.000; if no bid is submitted after advertisement; or if the only bids are higher than the engineer's estimate; 16 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL the City Council may purchase the materials and order the work done by day labor or in any manner it deems proper. If the estimated cost exceeds $10,000,25,000. the work must be supervised by the City Engineer or some other qualified personregistered engineer F. SPECIAL ASSESSMENT PROCEDURES The cost of any improvement undertaken in accordance with the procedures set forth in Chapter 429 may be specially assessed, in whole or in part, upon property benefited by the improvement, whether or not the property abuts on the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. 1. Resolution Determining Amount to be Specially Assessed. After the expense incurred or to be incurred in the completion of an improvement has been calculated, the City Council must determine the amount it will pay and the amount to be specially assessed. [See "Resolution Declaring Cost to be Assessed and Ordering the Preparation of the Proposed Assessment" attached in the Appendix as Form 22 Form 12, LMC Special Assessment Toolkit] The City Clerk, with the assistance of the engineer or other qualified person, must calculate the amount to be specially assessed against every parcel of land. The assessment roll must be filed with the City Clerk and available for public inspection. 2. Resolution Calling Public Hearing on Assessments. A public hearing on the special assessments must be held following published and mailed notice thereof as described below. [See "Resolution for Hearing on Proposed Assessment" — Form 13, LMC Special Assessment Toolkit] The notice of public hearing must include the following information: a.) b.) c.) d.) e.) f.) g.) 5 Sft 40v? DTA 1.A115-1 date, time, and place of the meeting; the general nature of the improvement; the area proposed to be assessed; the total amount of the proposed assessment; that the assessment roll is on file with the City Clerk; that written or oral objections will be considered; that no appeal may be taken as to the amount of the assessments unless a written objection signed by the affected property owner is 17 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; h.) that the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within thrccthirt_y (3) working= days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal teser✓ice upon the Mayor or City Clerk; and i.) any deferment procedures established by the City Council for senior citizens. [See "Resolution Calling for Hearing on Proposed Assesments" attached in the Appendix as Form 24} 3. Published Notice. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two weeks prior to the hearing. 4. Mailed Notice. The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two weeks prior to the hearing. For purposes of giving maileddetermining who is to receive notice, the owners shall--bcof the property are those shown on the records of the county auditor, or in any city where tax records are mailed by the City Treasurer. . For property that is tax exempt or subject to taxation on a gross earnings basis and not listed on the records of the 1 .1 . _. . I- .. �- lI. . �. . . .1 1 The mailed notice must also include, in addition to the information required to be in the published notice, the following information: a.) the amount to be specially assessed against that particular lot, piece, or parcel of land; b.) adoption by the City Council of the proposed assessment may be taken at the hearing; c.) the right of the property owner to prepay the entire assessment and the person to whom the prepayment must be made; d.) whether partial prepayment of the assessment has been authorized by ordinance; e.) the time within which prepayment may be made without the assessment of interest; and f.) the rate of interest to accrue if the assessment is not prepaid within the required time period. [See " Notice of Hearing on Proposed Assessment" — Form 14 LMC Special Assessment Toolkit] fSee "Affidavit of Mailing o# -Assessment Hearing Notice" attached in the Ape --e _ •- Form 14 -Opt. LMC Special Assessment Toolkit] 550340v2 DTA LAl 35-3 18 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 5. Adoption of Assessments. At the hearing or any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the City Clerk must mail the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes in interest rates or prepayment provisions from those contained in the notice of the proposed assessment. [See "Resolution Adopting Assessment" attached in the Appendix as= Form 2615, LMC Special Assessment Toolkitl 6. Transmittal of Assessments to the County Auditor. After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll to the county auditor. [See "Certificate to the County Auditor" attached in the Appendix Form 17, LMC Special Assessment Toolkitl as Forms 28 and 28A} In the alternative, the City Council may direct the City Clerk to file the assessment roll in the Clerk's office and to certify annually to the county auditor, on or before October 10th in each year, the total installments of principal and interest thereon to become due in the following year. With the certification of the assessments to the county auditor, the procedures under Minnesota State Statutes, Chapter 429 are complete. [See "Alternative Certificate to the County Auditor — Annual Certification" - Form 17 -Alt. LMC Special Assessment Toolkit] SECTION 10: SPECIAL ASSESSMENTS FOR CURRENT SERVICES The City Council may provide for the collection of certain service charges as a special assessment against the property benefiting from the service. Special charges that may be assessed include, but are not limited to, those as defined by Statoprovided in Minnesota Statutes..-. Section 429 101. SECTION 11: CONDITIONS OF PAYMENT OF ASSESSMENTS i5034Ov2 DTA LAI3S-3 19 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL Minnesota State Statutes, Chapter 429, provide the City with considerable discretion in establishing the terms and conditions of payment of special assessment by property owners. Chapter 429 does establish two precise requirements regarding payment. First, the property owner has thirty (30) days from the date of adoption of the assessment roll to pay the assessment in full without interest chargccharged (429.061, subd. 3). Second, all assessments shall be payable in equal annual installments extending over a period not exceeding thirty (30) years from the date of adoption of the assessment roll (429.061, subd. 2). The conditions of payment established in this section follow the requirements of Chapter 429 and seek to balance the burden of payment of the property owner with the financing requirements imposed by debt issuance. A. TERMS OF ASSESSMENT The City shall collect payment of special assessments in equal annual installments of principal for the period of years indicated from the year of adoption of the assessment roll by the following types of improvements: • Sanitary Sewer System Improvements 10-25 years • Water System Improvements 10-25 years • Street System Improvements (street, alley, curb and gutter) 10-25 years • Appurtenances 10-25 years • Improvement District 5-10 years In some cases, improvements that are undertaken could warrant longer or shorter terms. For example, a separate sidewalk improvement may be assessed over a five (5) year period because the costs may be nominal. Also, some major reconstruction projects with several types of improvements could lead to a very high assessment that could create a financial hardship if assessed over a ten (10) year term. A thirty (30) year term could be appropriate in this case. In any event, the assessment term should never exceed the potential life of the improvement. B. INTEREST RATE The City most often finds itself required to issue debt in order to finance improvements. Such debt requires that the City pay an interest cost to the holders of the debt with such interest cost varying on the timing, bond rating, size and type of bond issue. In addition, the City experiences problems with delinquencies in the payment of assessment by property owners or the inability to invest prepayments of assessments at an interest rate sufficient to meet the interest cost of the debt. These situations create immediate cash flow problems in the timing and ability to make scheduled bond payments. Therefore, for all projects financed by debt issuance, the interest rate charged on assessments shall be 2.02% greater than the new interest on the bonds issued, or. For Sc0340v2 DTA I Al 3S-3 20 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL projects financed internally, the interest rate charged on assessments shall be 2% greater than the current investment rate if the project is funded internally. C. PREPAYMENT AND ASSESSMENT CERTIFICATION 1. Partial Prepayment. After the adoption by the City Council of the assessment roll in any local improvement proceeding, the owner of any property specially assessed in the proceeding may, prior, to the certification of the assessment of the first installment to the County Auditor, pay to the City any portion of the assessment. The remaining unpaid balance shall be spread over the period of time established by the Council for installment payment of the assessment. 2. Certification of Assessments. After the adoption of any special assessment by the City Council, the City Clerk shall transmit a certified duplicate of the assessment roll with each installment, including interest, set forth separately to the County Auditor on an annual basis to be extended on the proper tax lists to the County. SECTION 12: HARDSHIP DEFERRALS Minnesota State Statutes Chapter 435.193, allows the City, at its own discretion, to defer the payment of any assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. A. POLICY In determining whether or not a senior citizen is eligible for deferral of special assessment installment payments, the following criteria are established: 1. Effective Date. Senior citizen special assessment hardship deferral applies to special assessments levied after the date of the Policy. 2. Application. Senior citizen special assessment hardship deferral applies to qualifying special assessments against all properties classified as "homestead" pursuant to Minnesota State Statutes Chapter 273, where one or more owners of such a property is 65 years of age or older and it would create a hardship for the owner or owners of the property to pay the special assessment installments as they become due. 3. Hardship Defined. It shall be presumed that a hardship exists if: 5503400 DTA LA135-3 21 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL (a) the annual assessment installment exceeds 1 percent (1%) of the previous year's total adjusted gross incomes, for Federal Income Tax purposes, for all owners of the property. In no event shall "total adjusted gross income" include Social Security benefits, railroad retirement benefits, retirement benefits attributable to employee contributions, disability benefits, personal injury awards or workmen's compensation payments; and (b) all owners of the property verify, under oath, that they meet the criteria for establishing a hardship by completing an application provided by the City; 4. Exceptional Cases. In cases where exceptional and unusual circumstances exist, the City Council may determine that a hardship exists despite the fact that the minimum income requirements as defined in this section do not exist. Such cases shall be decided by the City Council on a case-by-case basis. B. INTEREST Interest will be charged on any assessment deferred pursuant to thisyPolicy at a rate equal to the rate charged on other assessments for the particular public improvement project that the assessment is financing. C. TERMINATION OF DEFERMENT The option to defer the payment of special assessments pursuant to this OrdinancoPolicy shall terminate and all installment amounts previously deferred, plus applicable interest, shall become due upon the occurrence of any of the following events: • Request of the property owner • Death of the property owner 65 years of age and older, providing the surviving owner is otherwise not eligible for the deferral • Sale, transfer, or subdivision of the property or any part thereof • The City determines that the hardship no longer exists • The property, for any reason, loses its homestead status SECTION 13: FINANCING S l4fv 2 DTA I.A 1 ,;-; 22 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL A. AUTHORITY At any time after one or more improvements are ordered, the City Council may issue obligations in such amount as it deems necessary to defray in whole or in part the costs incurred and estimated to be incurred in making the improvements. B. TYPES OF OBLIGATIONS Obligations used to finance public improvement projects are called improvement bonds. The proceeds from the sale of the improvement bonds are used to fund project costs. The improvement bonds are then paid off as the funds become available through collection of special assessments and any taxes levied for that purpose. Improvement bonds carry the City's general obligation pledge. C. METHOD OF ISSUANCE All improvement bonds shall be issued in accordance with the provisions of Minnesota State Statutes, Chapter 475. If twenty percent (20%) or more of the cost of the improvement or improvements is to be assessed against benefited properties, no election is required prior to issuing the improvement bonds and the improvement bonds do not count against the City's statutory debt limit. D. CONSOLIDATING PROJECT FINANCING If several public improvements are being carried out at the same time, the City Council reserves the right to consolidate all necessary financings into one improvement project for the purpose of issuing improvement bonds. This election will be made at the time of the public hearing on the improvements. ScIDL10v2 DTA 1 Al 23 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Closed Session X Meeting Date January 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Performance Evaluation DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Council last formally evaluated my job performance in November 2017. Typically, the evaluation is done before the end of November but that was missed this year due to the flur- ry of year end activity. My employment agreement was signed in 2015 and extended through the end of 2016 with an automatic two-year extension (through the end of 2018) if neither side provided notice of their intent to terminate the contract. This year a new con- tract should be agreed to if my employment is to continue. Included in the packet is a copy of my current contract with suggested revisions and a copy of the city administrator's job description. I think the open discussion evaluation format has worked in the past. I am happy to talk to Councilors in advance of the meeting as well. OPTIONS: STAFF RECOMMENDATION: EMPLOYMENT AGREEMENT This AGREEMENT is entered into this 22nd day of FebruaryJanuary 204-52019, by and between the City of Lauderdale, (hereinafter referred to as "City") and Heather Butkowski- Hinrichs, (hereinafter referred to as "Employee"). WITTNES SETH: WHEREAS, the City desires to continue Heather Butkowski-Hinrichs' appointment as City Administrator under the terms and conditions set forth herein; and WHEREAS, Heather Butkowski-Hinrichs wishes to continue serving as City Administrator under the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to continue employing the Employee as the full-time City Administrator of Lauderdale to perform the functions and duties of City Administrator as specified in the attached job description and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. Section 2. Term A. The Employee shall serve from January 1, 2 2019, through December 31, 20442020. This agreement shall extend for an additional two-year period on the same terms and conditions as specified herein unless written notice of intent not to renew is given by either parry to the other within 90 days before the expiration of any such two-year period. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to voluntarily resign at any time from the position of City Administrator, subject only to the provisions set forth herein. In the event the Employee does voluntarily resign her position with the City, she shall give the City 30 days advanced written notice thereof, unless otherwise agreed by the parties. Section 3. Termination and Severance Pay A. The City may discharge the Employee only by a majority vote of the full City Council. If a vacancy exists on the Council, the vacancy shall not be counted in determining the full City Council. B. In the event the Employee is terminated for any reason by the City Council, she shall be paid a lump sum cash payment equal to six months of aggregate salary and benefits at the time of her termination including any unused vacation or sick leave that would be paid. C. If the Employee has been charged with a felony, then at the discretion of the City Council, the Employee may not be entitled to any lump sum payments whatsoever. Section 4. Compensation A. Beginning January 1, 2-04-52019, the Employee shall receive a salary of $92,281.10103,867 annually (Step 5). Annual pay increases will be at the same rate afforded other staff or otherwise set by the City Council. B. Additionally, the City Council shall conduct a performance review of the Employee before November 30 each year. The City Council may consider a merit increase based on the Employee's overall performance. C. The City Council and the Employee shall develop a mutually agreeable method by which to conduct an evaluation and what criteria shall be used in the evaluation. Upon request of the Employee, and in agreement with the City Council, the City shall consider contracting with an outside neutral party to assist in the development of the process and criteria. Section 5. Dues, Subscriptions, and Registration Expenses The City agrees to budget for and to pay the professional dues and subscriptions of the Employee necessary for her full participation in associations and organizations necessary and desirable for her continued professional growth and development. Such memberships include, but are not limited to the International City/County Managers Association (ICMA), Minnesota City/County Managers Association (MCMA), and Metropolitan Administrator and Managers Association (MAMA). The City agrees to budget for and pay for the Employee's attendance at the annual ICMA Conference once every three years if it is the desire of the Employee to attend the conference. Section 6. Mileage and Subsistence The City recognizes the Employee is required to attend meetings in the Twin Cities metropolitan area in her official capacity and agrees to reimburse the Employee for mileage and reasonable subsistence expenses within the guidelines established by the City Council. Section 7. Vacation and Sick Leave The Employee shall continue to earn vacation and sick leave at the current level and shall advance in accrual rates based on City policy. Section 8. Insurance The City will pay the cost of hospital, medical, and life insurance for the Employee in the same amount it pays for other union and non-union City employees. Section 9. Other Terms and Conditions of Employment A. All provisions of City Ordinances, personnel policies, and regulations relating to vacation and sick leave; retirement and pension system contributions; holidays; and other fringe benefits and working conditions shall apply to Employee as they would to other employees of the City except as provided herein. B. Notwithstanding anything else in this Agreement to the contrary, the City Council may fix, from time to time, such terms of employment regarding the Employee, provided such terms are not inconsistent with or in conflict with the provisions of this agreement, any other law, or ethics requirements established by the International City/County Management Association. C. The employment provided by this Agreement shall be for the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employee and the City, the Employee may accept teaching, consulting, or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with her responsibilities under this agreement or present a potential violation of the ICMA Code of Ethics. Section 10. Defense of Employee The City agrees to defend the Employee in any civil action arising out of the Employee's performance of her duties in accordance with the requirements of state law. Section 11. General Provisions A. This document constitutes the entire Agreement between the parties. This Agreement shall be interpreted under the Laws of Minnesota. B. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS THEREOF, the parties have signed and executed this Agreement, both in duplicate, on the day and year first above written. The City of Lauderdale Employee Mary Gaasch, Mayor Heather Butkowski-Hinrichs CITY OF LAUDERDALE Position Title: City Administrator Department: Administration Position Title of Immediate Supervisor City Council Purpose Statement: The City Administrator is the chief administrative officer of the City. This position is responsible for the daily administration and coordination of all City affairs in accordance with the City Code, ordinances, resolutions, and directives from City Council. TYPICAL DUTIES PERFORMED 1. Direct and monitor all municipal operations. A. Oversee all functions under the Plan A form of municipal government. B. Work closely with staff to plan and coordinate their functions. C. Direct preparation of agendas and supporting data for all council meetings. D. Coordinate city activities with the City Attorney, Engineering Consultant, Police, and Fire Department. Provide effective management of financial assets as directed by Council. A. Oversee the preparation of the annual budget for council action. B. Monitor expenditures within approved budgetary guidelines. C. Monitor and control all purchasing functions. D. Oversee all fund management and investment activities. E. Ensure effective accounting practices to properly control financial assets and provide accurate information for financial planning. F. Develop plans to meet current and future financial needs. 3. Provide human resource management to the organization. A. Supervise the municipal office and administration of duties of all city personnel. B. Recommend the selection of all employees, ensure proper employee utilization and motivation, review employee performance, recommend salary changes, and determine replacement needs. C. Recommend employee benefit and personnel policy programs and coordinate all phases of personnel administration. 4. Facilitate effective public relations. Page 1 A. Ensure that public services are efficiently provided and that all complaints are effectively handled. B. Direct communication activities to keep the public informed of city plans and operations. C. Represent the city in local, regional, and state meetings and function as delegated by the council. D. Provide telephone and in-person assistance to residents and customers as needed. 5. Ensure effective management and utilization of all physical assets. A. Ensure efficient use and proper care of all existing assets. B. Develop and maintain an inventory of all physical assets. C. Monitor for replacement or upgrading of equipment and other assets as appropriate. 6. Perform other duties as assigned by the City Council to effectively manage city affairs and achieve Council objectives. A. Perform council administrative work and implement council decisions. B. Provide reports, recommendations, and advice as appropriate. C. Keep council fully informed and assist in its policy making role. D. Assist and coordinate with various city commissions as appropriate. E. Evaluate operations and recommend changes in organization structure to best achieve city objectives. F. Continue to research improved methods for their possible use in Lauderdale. G. Cooperate with other governmental units and municipalities on matters of mutual interest. H. Draft city ordinances, resolutions, and policies for council approval, utilizing the City Attorney and others as needed. KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of laws, rules, and regulations applicable to City government. Knowledge of budgeting and government accounting. Knowledge of government processes, services, and operations. Knowledge of management principles and practices as they apply to public sector management including personnel management and organizational development. Ability to prepare, present, and administer budget. Ability to communicate, both orally and in written format, effectively. Ability to establish effective working relationships with elected officials, staff, advisory bodies, other public officials, and the public. Ability to supervise and direct operations. Page 2 Ability to plan and analyze city operations, develop alternatives, and determine the costs, advantages and disadvantages of various alternatives. Ability to research and prepare accurate and thorough reports. Ability to perform mathematical calculations and to analyze data. Ability to prioritize City needs, to coordinate City departmental operations and services, and to allocate resources effectively. Ability to operate a computer and other office equipment. MINIMUM QUALIFICATIONS Minimum requirements include BA in related field, municipal experience, strong interpersonal communication skills, financial acumen, problem solving skills and team orientation. Previous city administrator experience, redevelopment skills and MPA desired. Revised February, 2005 Page 3