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HomeMy WebLinkAbout10/08/2019LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, OCTOBER 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. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the September 24, 2019 City Council Meeting c. Claims Totaling $116,849.62 4. CONSENT a. Resolution No. 100819A, Authorizing Publication by of Ordinance No. 19-03 Regarding Front Yard Fences by Title and Summary b. Larpenteur Avenue Sidewalk Snow Removal Contract c. 2019 hifrastructure Improvement Project Pay Request No. 5 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. 2019 Infrastructure Improvement Project b. Halloween Party Planning c. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Designating Pioneer Press as Official Publication for Legal Notices b. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment — Resolution 100819B 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Metropolitan Council Representative Peter Lindstrom b. Resolution Calling for Hearing on Proposed Assessment c. 2020 Fund Budgets d. September Financial Report e. Third Quarter Investment Report f. Special Assessment Hearing —November 12 g. Public Hearing on High Density Residential - Conservation Zoning Ordinance — November 26 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 4 September 24, 2019 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:33 p.m. Roll Call Councilors present: Jeff Dains, Kelly Dolphin, and Mayor Mary Gaasch. Councilors absent: Roxanne Grove and Andi Moffatt. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Dains moved and seconded by Councilor Dolphin to approve the agenda. Motion carried unanimously. Mayor Gaasch asked if there were any corrections to the minutes of the September 10, 2019 city council meeting. There being none, Councilor Dains moved and seconded by Councilor Dolphin to approve the minutes of the September 10, 2019 city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dains moved and seconded by Councilor Dolphin to approve the claims totaling $51,531.03. Motion carried unanimously. Consent Councilor Dains moved and seconded by Councilor Dolphin to approve the Consent Agenda thereby acknowledging the August Financial Report. Informational Presentations/Reports A. 2019 Infrastructure Improvement Project Administrator Butkowski provided an overview of progress on the project. B. Halloween Party Planning — September 30 Assistant to the City Administrator Bownik provided an update on the annual Halloween party. He stated that volunteers are needed as well as candy and monetary donations. C. Update on City Council Meet and Greet Events The Council recapped their meet and greet event at City Gables on September 23 and thanked the residents who attended. They continued to say that the logistics of their upcoming event on October 7 are still being determined. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 4 September 24, 2019 D. City Council Updates Councilor Dains shared that his three-year term for Lauderdale on the St. Paul Regional Water Board was coming to an end. Dains continued to say that the 61 bus route does not currently run on Sundays and holidays but that will soon be changing. Councilor Dolphin stated that she will be attending a Roseville Area Schools Foundation luncheon at Midland Hills on September 25. Discussion/Action Items A. Resolution No. 092419A Granting a Conditional Use Permit to Lauderdale BP to Open Three Service Bays at 2421 Larpenteur Avenue At the last meeting, the City Council directed staff to bring back a resolution of approval for a conditional use permit with some stipulations. The city attorney drafted the resolution which is ready for ratification. Councilor Dolphin made a motion to adopt Resolution 092419A — A Resolution Granting a Conditional Use Permit to Scott Weber and Tony Rammer to Reopen Three Service Bays at the Property Located at 2421 Larpenteur Avenue. This was seconded by Councilor Dains and carried unanimously. B. 2020 Budget and Levy; Resolution No. 092419B Adopting the 2020 Preliminary Property Tax Levy and Establishing the Budget Meeting Date Butkowski said the proposed budget balanced at $1,484,684 for 2020, an increase of 3.2% ($46,110) over 2019. The balanced budget requires a levy increase of 4.4% or $35,510. The impact of the city's levy increase is approximately $39.79 on a median valued home ($218,300) as residential property values in Lauderdale are up 5.8% over last year. In addition to adopting the resolution establishing the levy at this meeting, the Council must establish the date and time for the public hearing held prior to final budget and levy adoption in December. This year, the timing works such that the public hearing can be held on November 26. Staff would prefer holding the public hearing earlier so that feedback can be worked into the budget prior to adoption on December 10. The resolution also dedicates $67,769.06 from the 414 Development Fund to cover what otherwise would be the 2020 debt levy. The Council has committed to using the money generated from conduit debt projects to fund the portion of the 2019 Infrastructure Improvement Project not covered by Ramsey County, St. Paul Regional Water, or special assessments. This will be set up as a budgeted transfer in the 2020 budget. Councilor Dolphin made a motion to adopt Resolution 092419B — A Resolution Adopting the 2020 Preliminary Tax Levy and Establishing the Budget Meeting Date. This was seconded by Councilor Dains and carried unanimously. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 4 September 24, 2019 C. An Interim Ordinance Regarding the Regulation of Fences with the City of Lauderdale — Ordinance No. 19-03 and Resolution No. 092419C Authorizing Publication of Ordinance No. 19-03 by Title and Summary Butkowski mentioned that recently questions have arisen from residents considering a front yard fence. The current ordinance offers little guidance on considerations for front yard fences. For example, one of the inquiring owner's properties is along Larpenteur Avenue and a privacy fence would likely create sight line issues. The city attorney advised that the City Council could adopt an interim ordinance for up to a year to study the front yard fence issue. If adopted, staff would bring the item back to a future meeting to refine the scope of the study to be undertaken. Councilor Dolphin made a motion to adopt Ordinance 19-03 — An interim Ordinance, Adopted Pursuant to Minn. Stat., Section 462.355, Subd, 4, Regarding the Regulations of Fences within the City of Lauderdale. This was seconded by Councilor Dains and carried unanimously. A vote on the resolution publishing by title and summary was postponed until the October 8 meeting as it requires four voting council members be present. Set Agenda for Next Meeting Administrator Butkowski stated that the October 8 council meeting may include the 2020 fund budgets, the Larpenteur Avenue sidewalk snow removal contract, a 2019 Infrastructure Improvement Project pay request, and resolution authorizing publication of Ordinance No. 19-03 by title and summary. 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 parties interested in speaking, Mayor Gaasch closed the floor. B. Falcon Heights Fire Services Update In early September, Mayor Gaasch and the administrator met with the mayor and administrator from Falcon Heights to discuss their plans to replace the fire chief. We expected to receive information regarding their plans for discussion at our Council meeting, but no new information was available before the meeting. The Council held a discussion regarding the future of fire services in the City of Lauderdale and will revisit this topic at a future meeting. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 4 of 4 September 24, 2019 C. Community Development Updates Butkowski stated she continues to meet as needed with the developer of Luther Seminary's property in Lauderdale. Adjournment Councilor Dains moved and seconded by Councilor Dolphin to adjourn the meeting at 8:25 p.m. Motion carried unanimously. Respectfully submitted, 4/44- cti/ka- Miles Cline Deputy City Clerk CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action To: Mayor and City Council From: City Administrator Meeting Date: October 08, 2019 Subject: List of Claims The claims totaling $116,849.62 are provided for City Council review and approval that includes check numbers 26614 to 26630. Accounts Payable Checks by Date - Detail by Check Date User: Printed: MILES.CLINE 10/4/2019 3:17 PM Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 43 Public Employees Retirement Association PR Batch 52000.10.2019 PERA Coordinated PR Batch 52000.10.2019 PERA Coordinated 10/04/2019 PR Batch 52000.10.2019 PER PR Batch 52000.10.2019 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 52000.10.2019 State Income Tax ACH 45 ACH 46 26614 239 908604 908604 26615 56 3Q2019 26616 57 3Q2019 26617 36 0226828 0226869 09232019 102019 10/04/2019 PR Batch 52000.10.2019 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 52000.10.2019 Deferred Comp PR Batch 52000.10.2019 Deferred Comp 10/04/2019 PR Batch 52000.10.2019 Defi PR Batch 52000.10.2019 Defi Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52000.10.2019 Federal Income Tax PR Batch 52000.10.2019 FICA Employer Portio: PR Batch 52000.10.2019 Medicare Employee Pc PR Batch 52000.10.2019 Medicare Employer Po PR Batch 52000.10.2019 FICA Employee Portio 10/04/2019 PR Batch 52000.10.2019 Fed( PR Batch 52000.10.2019 FIC. PR Batch 52000.10.2019 Mee PR Batch 52000.10.2019 Mee PR Batch 52000.10.2019 FIC. Total for this ACH Check for Vendor 46: Total for 10/4/2019: American Engineering Testing Inc 10/08/2019 2019 Infrastructure Improvement Testing 2019 Infrastructure Improvement Testing James Bownik Mileage Reimbursement Heather Butkowski Mileage Reimbursement City of Roseville October IT Services October Phone Services January - June Non -Resident Reimbursement Puppet Wagon Total for Check Number 26614: 10/08/2019 Total for Check Number 26615: 10/08/2019 Total for Check Number 26616: 10/08/2019 985.07 1,136.60 2,121.67 621.19 621.19 1,008.18 1,638.63 2,646.81 1,444.38 1,019.19 238.35 238.35 1,019.19 3,959.46 9,349.13 175.00 1,801.00 1,976.00 34.97 34.97 32.89 32.89 1,096.00 83.00 664.00 956.00 AP Checks by Date - Detail by Check Date (10/4/2019 3:17 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26618 29 City of St Anthony 3850 October Police Services 26619 133 Miles Cline 3Q2019 Mileage Reimbursement 26620 61 Gopher State One Call 9090527 September 2019 Locates 26621 82 Home Depot 102019 Primer Spray Total for Check Number 26617: 2,799.00 10/08/2019 59,433.67 Total for Check Number 26618: 59,433.67 10/08/2019 44.30 Total for Check Number 26619: 44.30 10/08/2019 60.75 Total for Check Number 26620: 60.75 10/08/2019 9.97 Total for Check Number 26621: 9.97 26622 30 League of Minnesota Cities 10/08/2019 310357 2019 Regional Meetings - MG 55.00 Total for Check Number 26622: 55.00 26623 78 League of Minnesota Cities Insurance Trust 10/08/2019 102019 LMCIT Property/Casualty Coverage 2020 1,572.33 102019 LMCIT Property/Casualty Coverage 2020 783.54 102019 LMCIT Property/Casualty Coverage 2020 172.96 102019 LMCIT Property/Casualty Coverage 2020 231.44 102019 LMCIT Property/Casualty Coverage 2020 8,181.97 102019 LMCIT Property/Casualty Coverage 2020 3,711.00 102019 LMCIT Property/Casualty Coverage 2020 122.11 102019 LMCIT Property/Casualty Coverage 2020 432.09 102019 LMCIT Property/Casualty Coverage 2020 639.56 26624 23 INV 1428940 Total for Check Number 26623: 15,847.00 Metro Sales Inc 10/08/2019 Quarterly Copy Charges 142.33 Total for Check Number 26624: 142.33 26625 84 North Star Bank Cardmember Services 10/08/2019 102019 Supplies for City Council Meet & Greet Event 14.57 102019 Supplies for City Council Meet & Greet Event 100.02 102019 Copier Paper 49.99 102019 Supplies for City Council Meet & Greet Event 28.93 102019 Copier Paper 91.98 102019 Election Pens 38.44 26626 47 Total for Check Number 26625: 323.93 Public Employees Insurance Program 10/08/2019 PR Batch 52000.10.2019 Dental PR Batch 52000.10.2019 Den PR Batch 52000.10.2019 Health Insurance PR Batch 52000.10.2019 Hea 116.10 2,095.98 Total for Check Number 26626: 2,212.08 AP Checks by Date - Detail by Check Date (10/4/2019 3:17 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26627 26 Stantec Consulting Services Inc 1563404 Gen Eng Services 1563405 2019 Street Improvements 26628 77 26629 3 395958382 10/08/2019 585.00 23,191.10 Total for Check Number 26627: 23,776.10 United States Postal Service 10/08/2019 Postage for Special Assessment Letters 110.00 Total for Check Number 26628: 110.00 US National Equipment Finance Inc 10/08/2019 Copier Contract 176.00 Total for Check Number 26629: 176.00 26630 7 Waste Management Inc 10/08/2019 8338361-0500-1 October Public Works Total for Check Number 26630: Total for 10/8/2019: 466.50 466.50 107,500.49 Report Total (21 checks): 116,849.62 AP Checks by Date - Detail by Check Date (10/4/2019 3:17 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date October 8, 2019 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Fence Interim Ordinance Res. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the last meeting, the City Council adopted Ordinance No. 19-03, an interim ordinance regarding front yard fences in order to study the topic further. There were not enough mem- ber so of the Council present to adopt the resolution authorizing publication by title and summary. The resolution was updated and is ready for adoption at this meeting via the con- sent agenda. STAFF RECOMMENDATION: Motion to adopt Resolution No. 100819A—A Resolution Authorizing Publication of Ordi- nance No. 19-03 by Title and Summary. RESOLUTION NO. 100819A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 19-03 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 19-03, an interim ordinance concerning the regulation of front yard fences in residential areas; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is two pages length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lauderdale that the city clerk -administrator shall cause the following summary of Ordinance No. 19-03 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The city council of the city of Lauderdale has adopted Ordinance No. 19-03, an ordinance imposing a moratorium on front yard fences in residential areas of the city. The ordinance requires the city staff to conduct a study on the appropriate regulation of fences in the front yards of residential properties. During the pendency of the moratorium, no applications for front yard fences shall be accepted and any applications for front yard fences received by the city prior to the effective date of the ordinance shall not be processed. The moratorium remains in effect in the city for one year from its effective date or until it is repealed. The full text of Ordinance No. 19-03 is available for inspection at Lauderdale city hall during regular business hours. 1 613534v1LA135-3 Heather Butkowski, City Clerk -Administrator BE IT FURTHER RESOLVED by the city council of the city of Lauderdale that the city clerk -administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: October 8, 2019. ATTEST: Heather Butkowski, City Clerk -Administrator 2 613534v1LA135-3 Mary Gaasch, Mayor LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date October 8, 2019 ITEM NUMBER LA Sn.w Removal STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City received a proposal from 8th Day Landscaping for the quickly approaching winter season. They offered the same price ($645/month) as the City paid last year to remove snow in front of the homes along Larpenteur Avenue. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council directs staff to enter into a contract with 8th Day Landscaping for snow removal services as presented. Contract between the City of Lauderdale and 8th Day Landscaping, LLC. This contract (the "Agreement") is made and entered into this 8th day of October, 2019, between the City of Lauderdale, Minnesota (the "City"), and 8th Day Landscaping, LLC., (the "Contractor"), (collectively, the "Parties"). Scope of Services Snow plowing specifications for roadways, driveways and parking areas: Snow removal of roadways, driveways, and parking areas is not a part of the scope of services expected from the Contractor. In the event the services are needed, city staff will make arrangement with the Contractor at the Equipment/Product Rates defined below. Snow shoveling specifications: Trigger depth: 1.5 inches The snow removal area is identified in Appendix A: Sidewalk Segments for Snow Removal. Snow shoveling will be completed by hand or power method. Snow shoveling will be completed with the following guidelines. 1. Snow will be removed from the walkways so as to maintain a minimum clearance of 36 inches. Cut outs for bus access also will be cleared to maintain a minimum width of 36 inches. 2. Walkways will be shoveled within 12 hours of cessation of snow. This standard will be used for all snowfalls that meet the trigger depth, and do not exceed 6 inches. For snow falls that are between 6-12 inches, the standard snow removal time will be extended an additional 18 hours. Any snowfall that exceeds 12 inches will be handled on a best effort basis. 3. Removal of ice built-up is not the responsibility of the Contractor. 4. All mail boxes will be shoveled around so they may be accessible for the residents and mail carriers. This will be completed within 12 hours for snowfalls that meet trigger depth, but do not exceed 6 inches. Snowfalls over 6 inches will extend their removal time an additional 18 hours. 5. Fire hydrants will be cleared of snow within 12 hours, for all snowfalls that meet trigger depth, but do not exceed 6 inches. Snow falls that exceed 6 inches will extend the removal time an additional 18 hours. Any snowfall that exceeds 12 inches will be handled on a best effort basis. 6. On occasion when temperatures reach -15F or less, shoveling may be delayed until safer working conditions prevail. Snow Removal: Call out In the event a property owner along Larpenteur Avenue does not perform snow removal or snow removal satisfactorily, the Contractor agrees to provide snow removal service in the same manner as it does in the contract area identified in Appendix A. This service requires a phone call or electronically written notice from the City Administrator or their designee. The Contractor will perform the service within 24 hours of receiving notice. Services will be provided at the costs identified in Equipment/Product Rates and billed to the City. The City is responsible for seeking reimbursement from the property owner serviced. Sanding of driveways, parking lots, and walks Sanding of drives, parking areas, walks, walkways, and steps will be completed as requested. Sanding and salting is available at an extra charge and will be billed at $120.00 per ton of sand salt mix. The Contractor is not held responsible for injuries or accidents related to winter conditions. The Contractor will not be held responsible for turf damage due to sanding or salting. Sanding / Salting / De-icing Options (upon request) Ice melt products will be applied to roads and walkways as requested only. Cost for ice melt on roadways is $120.00 per ton of salt sand mix or $0.75 per pound applied to walkways. The Contractor is not held responsible for injuries or accidents related to winter conditions. The Contractor will not be held responsible for turf damage due to deicing procedures. The City will contact the Contractor when the City would like salt, sand, or deicing products dispersed. This will require a phone call or written statement from the City Administrator or their designee. Inspections The Contractor will inspect sidewalks by May 15, and report any damages caused by snow plowing. Any damages that occur in excess of $150.00 must be reported immediately. Responsibility of the City The following activities are not part of this contract; however, the Contractor will advise the City to reduce costs in these areas. 1. Ice accumulation. 2. The use of deicer materials or activities not defined in these specifications to promote safety. 3. Snow removal, hauling, or relocating snow piles. 4. Any damage caused by protruding objects from paved areas, or from items not visible to the Contractor at the time of snow operations. 5. Snow removal requests that are below the specific trigger depth, or that are outside the specifications. Compensation The Contractor will furnish all labor and materials for contract specifications. The above contract is valid from November 1, 2019 to April 30, 2020. The Monthly Contract amount is $645.00 per month which the City will pay in six equal installments of $645.00. The City agrees to pay the Contractor in full within 30 days of date of invoice. Payments not received within 30 days will be charged a service charge of 2% per month. Any increase in taxes or other regulations that become effective during the term of this agreement shall be passed on to the City. -Any increase in fuel prices over 25% will be passed on to the City. -Any services performed outside of these specifications will be billed at the following rates. Equipment/Product Rates The following rates apply to additional services performed by the Contractor. A minimum charge of $75 applies to callouts. • '/2 ton plow truck with operator: $63.00 per hour • 3/4 ton plow truck with operator: $79.00 per hour • One -ton plow truck with operator: $89.00 per hour • Hand shoveling: $49.00 per/man hour • Sidewalk salt: $0.75 per/lb. applied • Magnesium salt: $1.00 per/lb. applied • Walk behind blower: $55.00 per/hour • Salt and sand mixture -for driveways: $120.00 per ton • Strait salt mixture- for driveways: $150.00 per ton • Bobcat with operator: $110.00 per hour (1 hour minimum.) • Dump truck with operator: $150.00 per hour (1 hour minimum) Terms of Contract 1. Terms and Conditions The term of this contract shall be for a period of six months commencing on November 1, 2019 and terminating on April 30, 2020. The time performance of any portion of the obligations of the Contractor under this agreement shall be of the essence, subject only to delay caused by or contributed to by act of the City, its agents or employees, labor disputes, fire, unavoidable casualties, act of God, or action or non -action of utilities or of local, state, or federal government. 2. Insurance The Contractor shall fully insure itself against any and all liability which it may have under the worker's compensation law, general liability, and automobile coverage. The Contractor shall furnish a certificate of insurance to City prior to beginning work. 3. Force Majeure The Contractor shall not be liable to City for any damages to property, personal injuries, or other liability arising outside of the Contractor's control including but not limited to, vandalism, flood, rain, fire, wind, heavy snow, freezing, strikes, lack of salt availability, other natural causes, acts of God or acts of persons other than the Contractor's employees or agents. 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an "independent contractor" and not an employee of the City. The Contractor shall have control over the manner in which the services are performed under this Agreement. The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 5. Indemnification. The Contractor agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Contractor's performance or failure to perform its duties under this Agreement. 6. General Provisions. A. Assignment. The Contractor may not assign this Agreement to any other person unless written consent is obtained from the City. B. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. C. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. D. Savings Clause. If any court finds any portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. E. Waivers. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. F. No Waiver by City. By entering into this agreement, the City does not waive its entitlement to any immunity under statute or common law. G. Termination. Either party may terminate this agreement at any time for any reason. If the contract is terminated early, the City will pay a prorated fee for services performed to date. 7. Complete Agreement This agreement and all amendments and exhibits hereto specifically signed and incorporated herein, constitutes the entire agreement between the parties and supersede any and all other agreements, either oral or in writing. By signing below, each party acknowledges that they have read and understand this agreement and that no representation, inducement, promise or agreement oral or otherwise, has been made by any party, which is not embodied within. This agreement shall be construed as objectively in the light of its overall purpose, which is to provide the services herein for compensation. Neither the souse nor the authorship of this agreement shall cause bias or presumption in the constitution or interpretation of this agreement. Any changes to the terms or conditions of this agreement are not binding unless in writing and signed by both parties hereto. 8. Notices Notices under this contract shall be reserved on the parties by certified mail at the following addresses: City: City of Lauderdale 1891 Walnut St. Lauderdale, MN 55113 Contractor: 8th Day Landscaping 1965 Margaret St N N. St. Paul, MN 55109 In witness thereof, the parties hereto have executed this agreement the day and year first written above. By: Heather Butkowski, Lauderdale City Administrator By: Daniel Alfred Owner/Operator 8th Day Landscaping Appendix A Sidewalks Segments for Snow Removal Sidewalk RFP Option 1 City of Lauderdale, MN LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date October 8, 2019 ITEM NUMBER Northdale Pay Request No. 5 STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Northdale Construction submitted their fourth pay request for the 2019 Infrastructure Im- provement Project. The request is for a payment of $97,972.38. This pays for improve- ments through September 30. The majority of the work has switched to road construction from water main installation so the City is responsible for the majority of this pay request. Staff will bill SPRWS per this split: • SPRWS: $6,503.20 • Lauderdale: $91,469.18 STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approve pay request No. 5 for the 2019 In- frastructure Improvement Project payable to Northdale Construction in the amount of $97,972.38. Contractor: Northdale Construction Co., Inc. 9760 71st Street NE Albertville, MN 55301 Contract Amounts CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project 193804608 - 2019 INFRASTRUCTURE IMPROVEMENTS Request for Payment No. 5 Original Contract Contract Changes Revised Contract Work Certified To Date $2,269,093.49 $0.00 $2,269,093.49 Base Bid Items Backsheet Change Order Supplemental Agreement Work Order Material On Hand Total $1,823,577.99 $0.00 $0.00 $0.00 $0.00 $0.00 $1,823,577.99 Stantec Project No. 193804608 For Period: 8/31/2019 - 9/30/2019 Funds Encumbered Original Additional Total $2,269,093.49 N/A $2,269,093.49 This is to certify that the items of work shown in this certificate of Request for Payment have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Northdale Construction Co., Inc. County/City/Project Engineer Date Approved for Payment By City of Lauderdale Date Contractor Date Work Certified This Request for Payment Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request for Payment Total Amount Paid To Date 193804608 $103,128.82 $1,823,577.99 $91,178.90 $1,634,426.71 $97,972.38 $1,732,399.09 Percent Retained: 5.0000% Percent Complete: 80.3659% Amount Paid This Request for Payment $97,972.38 This is to certify that the items of work shown in this certificate of Request for Payment have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Northdale Construction Co., Inc. County/City/Project Engineer Date Approved for Payment By City of Lauderdale Date Contractor Date CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Payment Summary No. From Date To Date Work Certified Per Request for Payment Amount Retained Per Request for Payment Amount Paid Per Request for Payment 1 05/01/2019 2 06/01/2019 3 06/22/2019 4 08/03/2019 5 08/31/2019 05/31/2019 06/21/2019 08/02/2019 08/30/2019 09/30/2019 $296,572.10 $346,996.06 $780,648.56 $296,232.45 $103,128.82 $14,828.61 $17,349.80 $39,032.43 $14,811.62 $5,156.44 $281,743.49 $329,646.26 $741,616.13 $281,420.83 $97,972.38 Totals: $1,823,577.99 193804608 Funding Category Report $91,178.90 $1,732,399.09 Funding Category No. Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request for Payment Total Amount Paid To Date SPRWS 662,784.65 Lauderdale 1,160,793.33 33,139.23 58, 039.67 623,142.22 1,011,284.48 6,503.20 91,469.18 629, 645.42 1,102,753.66 Totals: $1,823,577.99 $91,178.90 $1,634,426.71 $97,972.38 $1,732,399.09 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date PART 1: GENERAL 1 MOBILIZATION LS $112,851.40 1 0 $0.00 0.90 $101,566.26 2 TRAFFIC CONTROL LS $8,987.50 1 0 $0.00 0.90 $8,088.75 Totals For Section PART 1: GENERAL: $0.00 $109,655.01 PART 2: WATER MAIN 3 GRANULAR BACKFILL TON $15.56 10400 0 $0.00 10,640.00 $165,558.40 4 SANITARY SEWER SERVICE RECONNECTION LF $45.81 415 0 $0.00 179.10 $8,204.57 5 BEOXVICE STOP EA $306.73 9 0 $0.00 14.00 $4,294.22 6 ADJUST SERVICE STOP BOX EA $135.00 13 0 $0.00 0.00 $0.00 7EA BOXAIR VALVE $350.00 2 0 $0.00 0.00 $0.00 8EA OX ADJUST VALVE $245.00 8 0 $0.00 3.00 $735.00 VALVE REP9 BOX EA EA $590.18 2 0 $0.00 2.00 $1,180.36 10 WATER UTILITY HOLE EACH $1,250.00 3 0 $0.00 0.00 $0.00 11 EXCAVATION FOR UTILITY OFFSET EA $1,500.00 1 0 $0.00 1.00 $1,500.00 12 2" INSULATION SY $25.65 14 0 $0.00 149.60 $3,837.24 13 HYDRANT INSTALLATION EA $4,224.05 9 0 $0.00 9.00 $38,016.45 14 1" CORPORATION STOP EA $122.43 1 0 $0.00 3.00 $367.29 15 1" ORISEAL VALVE INSTALLATION EA $471.95 9 0 $0.00 31.00 $14,630.45 16 1.5" ORISEAL VALVE INSTALLATION EA $689.44 1 0 $0.00 0.00 $0.00 17 2" ORISEAL VALVE INSTALLATION (WASTING) EA $1,465.50 1 0 $0.00 0.00 $0.00 18 4" GATE VALVE INSTALLATION EA $1,145.72 1 0 $0.00 0.00 $0.00 19 6" GATE VALVE INSTALLATION EA $1,373.66 5 0 $0.00 6.00 $8,241.96 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date 20 8" GATE VALVE INSTALLATION EA $1,822.81 17 0 $0.00 17.00 $30,987.77 21 1" CP WATER SERVICE REPLACEMENT LF $28.89 115 5 $144.45 301.00 $8,695.89 22 1.5" CP WATER SERVICE REPLACEMENT LF $65.16 5 0 $0.00 0.00 $0.00 23 2" CP WATER SERVICE REPLACEMENT LF $69.20 10 0 $0.00 0.00 $0.00 24 6" DI WATER MAIN REPLACEMENT LF $58.32 70 0 $0.00 120.50 $7,027.56 25 8" DI WATER MAIN REPLACEMENT LF $78.63 3165 0 $0.00 2,845.40 $223,733.80 26 8" HDPE (SDR 11) WATER MAIN - PIPE BURSTING LF $70.35 335 0 $0.00 327.00 $23,004.45 27 TELEVISE SANITARY SEWER SERVICE EA $752.50 3 0 $0.00 3.00 $2,257.50 28 TELEVISE STORM SEWER CROSSING EA $510.63 3 0 $0.00 3.00 $1,531.89 29 DUCTILE AND GREY IRON FITTINGS LB $6.83 1335 0 $0.00 1,818.00 $12,416.94 Totals for Section PART 2: WATER MAIN: $144.45 $556,221.74 PART 3: SANITARY SEWER 30 ADJUST SANITARY SEWER CASTING EA $350.00 12 7 $2,450.00 7.00 $2,450.00 31 REMOVE AND REPLACE 4' DIA SANITARY SEWER MANHOLE EA $4,493.47 1 0 $0.00 1.00 $4,493.47 32 6" PVC SANITARY SEWER SERVICE PIPE LF $38.12 250 0 $0.00 330.50 $12,598.66 33 8" X 6" PVC WYE EA $1,292.41 5 0 $0.00 10.00 $12,924.10 34 CONNECT TO EXISTING SANITARY SEWER SERVICE EA $183.65 2 0 $0.00 8.00 $1,469.20 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date REMOVE AND REPLACE SANITARY 35 MANHOLE CONE EA $1,795.10 2 0 $0.00 2.00 $3,590.20 SECTION, CASTING AND RINGS Totals For Section PART 3: SANITARY SEWER: $2,450.00 $37,525.63 PART 4: STORM SEWER ADJUST STORM 36 SEWER EA $325.00 9 0 $0.00 0.00 $0.00 CASTING REMOVE AND REPLACE 37 STORM SEWER EA $790.75 2 0 $0.00 2.00 $1,581.50 CASTING AND RINGS REMOVE STORM 38 SEWER EA $525.00 9 0 $0.00 9.00 $4,725.00 STRUCTURE REMOVE AND 39 REPLACE STORM SEWER EA $2,610.24 1 0 $0.00 1.00 $2,610.24 STRUCTURE REMOVE 40 STORM SEWER LF $11.50 300 0 $0.00 192.00 $2,208.00 PIPE CONNECT TO 41 EXISTING STORM SEWER EA $650.00 4 0 $0.00 4.00 $2,600.00 PIPE CONNECT TO 42 EXISTING EA $850.00 1 0 $0.00 0.00 $0.00 STRUCTURE 43 12" RCP STORM SEWER LF $59.50 750 0 $0.00 294.50 $17,522.75 44 15" RCP STORM SEWER LF $58.11 660 0 $0.00 507.00 $29,461.77 45 18" RCP STORM SEWER LF $60.27 1020 0 $0.00 987.00 $59,486.49 46 IMPROVED PIPE FOUNDATION LF $0.01 2430 0 $0.00 0.00 $0.00 47 27" CATCH BASIN EA $1,395.48 8 0 $0.00 2.00 $2,790.96 48 2'X3' CATCH BASIN EA $1,793.11 6 0 $0.00 6.00 $10,758.66 4' DIAMETER 49 CATCH BASIN EA $2,516.98 16 0 $0.00 16.00 $40,271.68 MANHOLE 4' DIAMETER 50 STORM SEWER EA $2,376.98 2 0 $0.00 1.00 $2,376.98 MANHOLE CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date Totals For Section PART 4: STORM SEWER: $0.00 $176,394.03 PART 5: ROADWAY/ALLEY 51 SILT FENCE, MACHINE- SLICED LF $2.45 1400 -500 -$1,225.00 500.00 $1,225.00 52 INLET PROTECTION EA $275.00 35 0 $0.00 31.00 $8,525.00 53 1 LIVII VIxi-xi . 1 ROCK CONSTRUCTION rnimn A nir'r TN $39.50 100 0 $0.00 59.70 $2,358.15 54 WATER FOR DUST CONTROL TGAL $28.00 125 0 $0.00 0.00 $0.00 55 TEMPORARY MAILBOXES LS $0.01 1 0 $0.00 0.00 $0.00 56 REMOVE TREE EA $333.25 15 5 $1,666.25 15.00 $4,998.75 57 CLEARING AND GRUBBING LS $3,440.00 1 0.15 $516.00 1.15 $3,956.00 58 TEMPORARY FENCE LF $3.50 525 65 $227.50 65.00 $227.50 59 SALVAGE AND REINSTALL CHAIN LINK FENCE LF $21.50 175 0 $0.00 0.00 $0.00 60 SALVAGE AND REINSTALL WOOD PRIVACY FENCE LF $37.63 325 0 $0.00 0.00 $0.00 61 SALVAGE AND REINSTALL FENCE - OTHER LF $43.00 40 0 $0.00 0.00 $0.00 62 SALVAGE AND REINSTALL SIGN EA $182.75 30 0 $0.00 0.00 $0.00 63 STREET SWEEPER WITH PICKUP BROOM HR $145.00 50 19.25 $2,791.25 131.25 $19,031.25 64 REMOVE BITUMINOUS PAVEMENT SY $1.26 11000 20 $25.2010,265.50 $12,934.53 65 CONCRETE PAVEMENT REPLACEMENT - SPECIAL SF $19.39 540 45 $872.55 286.00 $5,545.54 66 MILL BITUMINOUS PAVEMENT -2" DEPTH SY $1.51 7400 0 $0.00 0.00 $0.00 67 REMOVE BITUMINOUS DRIVEWAY SY $5.25 300 0 $0.00 166.00 $871.50 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date 68 REMOVE CONCRETE DRIVEWAY OR APRON SY $7.50 400 0 $0.00 677.50 $5,081.25 69 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF $32.12 400 22 $706.64 654.00 $21,006.48 70 SAWING BITUMINOUS PAVEMENT LF $4.75 350 12 $57.00 12.00 $57.00 71 REMOVE SIDEWALK SF $0.95 3000 0 $0.00 2,942.50 $2,795.38 72 REMOVE CONCRETE CURB & GUTTER LF $2.65 700 93 $246.45 700.00 $1,855.00 73 COMMON EXCAVATION (P) CY $21.33 8800 0 $0.00 9,100.00 $194,103.00 74 COMMON EXCAVATION - ALLEYS (P) CY $30.95 1500 180 $5,571.00 180.00 $5,571.00 75 SUBGRADE EXCAVATION (EV) CY $23.33 500 9 $209.97 9.00 $209.97 76 GEOTEXTILE FABRIC SY $1.98 13000 0 $0.00 11,869.00 $23,500.62 77 SELECT GRANULAR BORROW (MODIFIED) TN $16.63 9200 0 $0.00 9,037.63 $150,295.79 78 AGGREGATE BASE, CLASS 5 TN $17.69 7100 160 $2,830.40 5,095.19 $90,133.91 79 BITUMINOUS MATERIAL FOR TACK COAT GAL $1.08 900 0 $0.00 165.00 $178.20 80 BITUMINOUS TRAIL PATCHING SF $7.99 250 0 $0.00 160.00 $1,278.40 81 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN $70.95 1900 0 $0.00 0.00 $0.00 82 TYPE SP 9.5 WEARING COURSE MIXTURE FOR ALLEYS (2,B) TN $86.00 150 0 $0.00 0.00 $0.00 83 TYPE SP 12.5 O COURSEURSE MIXTURE URE C (2,B) TN $68.26 1600 0 $0.00 1,487.08 $101,508.08 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date 84 FULL DEPTH ROADWAY PATCHING - ROSELAWN SY $86.40 400 0 $0.00 387.00 $33,436.80 85 BITUMINOUS PAVEMENT PATCHING - ROSELAWN SY $53.75 400 0 $0.00 0.00 $0.00 86 B618 CONCRETE CURB & GUTTER LF $13.81 5300 0 $0.00 5,163.00 $71,301.03 87 4" DRAINTILE LF $9.67 5200 0 $0.00 5,074.00 $49,065.58 88 4" CONCRETE WALK SF $6.07 1750 190 $1,153.30 1,698.00 $10,306.86 89 MODULAR BLOCK RETAINING WALL SF $31.71 300 300 $9,513.00 300.00 $9,513.00 90 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS (2,B) TN $193.50 100 15 $2,902.50 15.00 $2,902.50 91 6" CONCRETE DRIVEWAY APRON SF $6.83 4000 0 $0.00 3,566.00 $24,355.78 92 7" CONCRETE DRIVEWAY APRON SF $7.42 1200 953 $7,071.26 2,729.60 $20,253.63 93 6" CONCRETE PEDESTRIAN CURB RAMP SF $10.48 260 105 $1,100.40 105.00 $1,100.40 94 TRUNCATED DOME SURFACE SF $64.50 20 26 $1,677.00 26.00 $1,677.00 95 SALVAGE HANDHOLE EA $989.00 2 0 $0.00 0.00 $0.00 96 INSTALL SALVAGED HANDHOLE EA $1,064.50 2 0 $0.00 0.00 $0.00 97 PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 6' X 6' EA $1,612.50 3 3 $4,837.50 3.00 $4,837.50 98 PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 6' X 12' EA $1,935.00 2 2 $3,870.00 2.00 $3,870.00 99 HANDHOLE EA $2,683.20 1 0 $0.00 0.00 $0.00 100 1.5" NON-METALLIC CONDUIT LF $13.55 80 0 $0.00 0.00 $0.00 CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project No. 193804608 Request for Payment No. 5 193804608 Project Item Status Line Item Units Unit Price Contract Quantity Quantity This Request for Payment Amount This Request for Payment Quantity To Date Amount To Date 101 DECIDUOUS TREE 6' HT B&B EA $376.25 15 0 $0.00 0.00 $0.00 102 TOPSOIL BORROW (LV) CY $30.10 1500 960 $28,896.00 960.00 $28,896.00 103 SOD SY $4.52 9000 5535 $25,018.20 5,535.00 $25,018.20 104 METAL FENCE LF $38.43 50 0 $0.00 0.00 $0.00 105 LANDSCAPE FUND LS $12,000.00 1 0 $0.00 0.00 $0.00 106 4" DOUBLE YELLOW LINE - PAINT LF $0.49 4200 0 $0.00 0.00 $0.00 107 4" SOLID WHITE LINE - PAINT LF $0.25 8400 0 $0.00 0.00 $0.00 108 24" SOLID WHITE LINE - PAINT LF $8.06 50 0 $0.00 0.00 $0.00 Totals For PART 5: ROADWAY/ALLEY: $100,534.37 $943,781.58 Project Totals: $103,128.82 $1,823,577.99 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date October 8, 2019 ITEM NUMBER Official Paper STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: We learned earlier this week via the attached email that Lillie Suburban Newspaper was no longer going to publish legal notices. Shortly thereafter, staff learned that their office was closed. Also included is an article from the Pioneer Press that sheds more light on the mat- ter. Earlier this week, staff spoke with the city attorney as a number of Kennedy and Graven's clients were affected and we discussed options for other publishers. The only two options we have right now are the Pioneer Press and Star Tribune. When staff spoke with Pioneer Press staff earlier this week they were unaware that they were about to be bombarded with requests for publications from about a dozen cities. In speaking with them on Friday, they came up with a plan for handling the new business. They will be sending out letters saying they will offer publication for $0.43 per line and invoice cities monthly (no pre -pay or credit card required). They also will provide affidavits of publication similar to what we have been receiving from Lillie Suburban News. Staff are relieved to have a new paper ready as we have items to publish. It was great to hear that the Pioneer Press has made for an easy transition. As a daily, the Pioneer Press offers greater ability to get information out sooner. The downside is that we don't know that anyone will see the publications we put out much like we aren't sure now. I believe a con- versation with our state legislators is in order. The League told me greater Minnesota cities have run into the issue but you know the loss of local publishers is only going to increase if the publisher for the densest county in Minnesota can't make it work financially. STAFF RECOMMENDATION: Motion to appoint the Pioneer Press as Lauderdale's official newspaper for legal publica- tions. Heather Butkowski From: Sent: To: Subject: Legals - Lillie Suburban Newspapers <legals@lillienews.com> Monday, September 30, 2019 5:08 PM legals@lillienews.com No longer publishing legal notices (ROS) Caution: This email originated outside our organization; please use caution. Lillie Suburban Newspapers will no longer be publishing legal notices following the October 2, 2019 issue. We are sorry for any inconveniences this may cause. We have appreciated our partnership over the last 82 years. If you have any questions please contact Mark Anfinson, Minnesota Newspaper Association attorney, at 612- 827-5611. Ted H. Lillie Lillie Suburban Newspapers, Inc. 2515 E. 7th Ave. North St. Paul MN 55109 Direct: 651-748-7881 Fax: 651-777-8288 1 NEWS > BUSINESS Lillie Suburban Newspapers appears to be closing, lost $921,000 last year By MICHELLE GRIFFITH 1 mgriffith@pioneerpress.com and JOSH VERGES 1 jverges@pioneerpress.com 1 PUBLISHED: October 2, 2019 at 2:01 pm I UPDATED: October 3, 2019 at 1:26 pm Lillie Suburban Newspapers, the company that oversees several St. Paul suburban newspapers, appeared to publish its final editions Wednesday. The company encompasses eight publications that cover local news in the east metro, including Shoreview, New Brighton, Lake Elmo and St. Anthony, as well as the East Side Review in St. Paul. Lillie Newspapers emailed the cities it covers Tuesday, saying it no longer would publish the cities' legal notices. "We have appreciated our partnership over the last 82 years," the email read. Lillie's main office in North St. Paul appeared closed Wednesday, as the company had the doors locked and lights off — something its neighboring businesses said is odd. Employees at nearby businesses said the office appeared to have closed suddenly about a week ago. The company's financial struggles were revealed in the personal bankruptcy case of co-owner Jeffery Enright, who filed under Chapter 7 in August 2018. According to a July filing in that case, the newspaper company lost $921,000 in 2018. As of summer 2018, the filing said, the company had $511,000 in assets and $2.01 million in liabilities. Co-owner Ted Lillie could not be reached for comment Wednesday. The Lillie website says it has served St. Paul suburbs since 1937. Correction: This article has been updated to correct the timing of Jeffery Enright's bankruptcy. Tags: Business Lake Elmo New Brighton Shoreview St. Paul Michelle Griffith Josh Verges Josh has written about St. Paul public schools and higher education for the Pioneer Press since 2014, 11 years after the n,r.orF ref niIklickew-I kir k,i1inn or n 11r, ,,arol+,, of AAir,nnrn+, r+orn LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date October 8, 2019 ITEM NUMBER Special Assess. Resolution STAFF INITIAL 1 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff asked the city attorney to prepare the document necessary to complete the special as- sessment process now that construction is winding down. The following schedule com- pletes the process prior to Ramsey County's November 30 deadline to receive special as- sessment rolls: • October 8 — Resolution Declaring Cost to be Assessed and Ordering Preparation of Pro- posed Assessment. • October 22 — Resolution Calling for Hearing on Proposed Assessment. • Immediately following October 22 — notice published at least once and mail notice to each property owner no less than 2 weeks prior to the hearing. • November 12 - Assessment hearing — Resolution Adopting Assessment. • November 26 - Date for continued assessment hearing if necessary. In order to complete the special assessment process this year, estimates have been made to derive at a final project cost. The cost estimate in the feasibility report was $2,459,830 and the final project cost is expected to be $2,643,000 or a difference of $183,170. As the bids came back over $250,000 higher than anticipated, the difference was expected. For this meeting, the City Council must establish the total amount being assessed for the project. Of the $2,643,000 total project cost (including replacement of the water main), the proposed amount to be assessed is $470,559. After this meeting, staff and the engineer will finalize the calculations and send notice to affected property owners of their proposed spe- cial assessment amount with information about the special assessment hearing scheduled for November 12. STAFF RECOMMENDATION: Motion to adopt Resolution No. 100819B A Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment. RESOLUTION NO. 100819B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, a contract has been let for the improvement of Eustis Street between Larpenteur Avenue and Roselawn Avenue and Roselawn Avenue between Fulham Street and the TH280 right- of-way by Northdale Construction Company Incorporated. The contract price for such improvement is $2,269,089.49 and the expenses incurred or to be incurred in the making of such improvement amount to $473,000.00 so that the total cost of the improvement is estimated to be $2,742,089.49. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAUDERDALE, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city and other sources is hereby declared to be $2,271,530.49 and the portion of the cost to be assessed against benefitted properties is declared to be $470,559.00. 2. Assessments shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2020, and shall bear interest at the rate of 4.15 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk -administrator, with the assistance of the city engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the area affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The city clerk -administrator shall upon the completion of such proposed assessment notify the council thereof. Adopted by the city council of the city of Lauderdale this 8t1i day of October, 2019. Attest: Heather Butkowski, City Clerk -Administrator 1 615574v1LA135-3 Mary Gaasch, Mayor