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HomeMy WebLinkAbout11/10/2020LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, NOVEMBER 10, 2020 Due to the coronavirus, the city council will hold meetings remotely until the City Council rescinds the emergency declaration. The public may monitor the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https://www.ctvnorthsuburbs.org/your- city/lauderdale/. To make public comment during the meeting, use https://us02web.zoom.us/j/89663232183?pwd=NURSSUNYYmo4NjNuM klvMmg4ZH1YQT09 with Passcode: 352808 or call 888-788-0099 (Toll Free) with webinar ID: 896 6323 2183. 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 October 27, 2020 City Council Meeting c. Claims Totaling $127,133.08 4. CONSENT a. Resolution No. 111020A — Designating Polling Places for 2021 Elections b. Resolution No. 111020B — Levying Special Assessments 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Tobacco Ordinance Revisions and Presentation by Katie Engman of Association for Nonsmokers -MN b. Real Estate Equities Final PUD Application for a Senior Development at 1795 Eustis Street c. Resolution No. 111020C — Allocating the City's CARES Act Funds 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Variance Request for 1847 Fulham Street b. 2021 Preliminary Fund Budgets and Utility Rates c. Tobacco Ordinance Study and Revisions d. Public Hearing for Alley Vacation at 1795 Eustis Street 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council c. 2021 Preliminary Fund Budgets 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. 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 1 of 3 October 27, 2020 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:01 p.m. Roll Call Councilors present: Andi Moffatt, Jeff Dains, Roxanne Grove, and Mayor Mary Gaasch. Councilor absent: Kelly Dolphin. 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 Moffatt to approve the agenda. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the minutes of the October 13, 2020 city council meeting. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the minutes of the October 13, 2020 city council meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dains moved and seconded by Councilor Moffatt to approve the claims totaling $194,657.58. Motion carried unanimously on a roll call vote. Consent Councilor Moffatt moved and seconded by Councilor Dains to approve the Consent Agenda thereby approving Resolution No. 102720A — Accepting 2021 SCORE Funding from Ramsey County for the Lauderdale Recycling Program; Resolution No. 102720B — Electing to Participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act Years 2021-2030; the agreement with AEM Financial Solutions for audit preparation assistance; the agreement with 8th Day Landscaping for snow removal services; the agreement with OPG -3 for software integration; and acknowledging the September Financial Report and Third Quarter Investment Report. Informational Presentations/Reports A. Update on Street Racing Patrol Butkowski shared that State Patrol, the Ramsey County Sheriff's office, and neighboring public safety agencies have been more aggressively policing street racers. Councilor Dains called State Senator John Marty and discussed the matter with State Representative Alice Hausman about garnering more resources to combat this problem. LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 2 of 3 October 27, 2020 B. City Council Updates Mayor Gaasch thanked the Lauderdale residents organizing the Halloween party and coat drive this year, and mentioned that they are still accepting donations. Councilor Dains said good weather was projected for Halloween so he was hopeful kids would be able to enjoy events outside. He confirmed that Doug Cook, the Outreach Coordinator for Metro Transit, would attend a council meeting in the near future. Councilor Moffatt mentioned that Ramsey County, in partnership with the state of Minnesota, was offering free, no -barrier COVID testing for both nasal and saliva samples. Discussion/Action Item A. Discussion with Tobacco License Holder regarding City Code Butkowski mentioned that in January the Council adopted an interim ordinance to put a pause on the issuance of new tobacco licenses. One reason for the interim ordinance was to provide time to update city code to reflect the changes in state and federal law. The second reason was to address the interest of existing tobacco license holders to open tobacco shops in order to sell a broader selection of flavored tobacco products. Staff notified Tony Rammer of Lauderdale BP and Edison Siouffy of SuperUSA about the meeting so they could address the Council regarding their interest in opening tobacco shops or restoring the sale of menthol cigarettes. Tony Rammer of Lauderdale BP shared his thoughts on tobacco sales from his store. He said youth are not their base customers and he doesn't oppose the T21 measures. They lost significant sales with the menthol cigarette ban which they would like to be able to sell again. The Council decided to continue the conversation regarding flavored tobacco and tobacco shops at the next meeting and asked staff to invite Katie Engman from the Association for Nonsmokers -Minnesota for an update. B. 2021 Preliminary Fund Budget Staff began drafted the 2021 fund budgets. Administrator Butkowski did a quick walk through during the meeting to comment on the preliminary numbers. A revised version with planned capital improvements will be presented at the next meeting. C. Resolution No. 102720C — Approving Establishment of the COVID-19 Small Business Grant Program At the previous meeting, the Council discussed establishing a small business grant program to help Lauderdale businesses adversely impacted by the pandemic. The Council supported this idea, and staff prepared a program with the assistance of the city attorney and auditor. Businesses will be notified of the grant opportunity and will have a week to submit applications. The LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 3 of 3 October 27, 2020 resolution authorizes staff to enter into the grant agreements and issue payments to qualified businesses. Councilor Moffatt made a motion to adopt Resolution No. 102720C—Approving Establishment of the COVID-19 Small Business Grant Program. This was seconded by Councilor Dains and carried unanimously on a roll call vote. Set Agenda for Next Meeting The November 10 Council meeting may include the 2021 fund budget, tobacco ordinance study and revisions, and discussion of Real Estate Equities' Stage 3 PUD application. Work Session A. Community Development Update Butkowski stated that City Hall is open for early voting Monday -Friday from 8:00 a.m. – 4:30 p.m. Mayor Gaasch added that city council meeting times have been changed from 7:30 p.m. to 7:00 p.m. for the remainder of the year. C. Opportunity for the Public to Address the City Council Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council. Duane Pulford, 1757 Eustis Street, said he agrees that unused CARES money should be spent on law enforcement. He asked about recent tree removal in the City. There being no additional people interested in speaking, Mayor Gaasch closed the floor. Adj ournment Councilor Moffatt moved and seconded by Councilor Dains to adjourn the meeting at 8:11 p.m. Motion carried unanimously on a roll call vote. Respectfully submitted, "4,41, 61;41t 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: November 10, 2020 Subject: List of Claims The claims totaling $127,133.08 are provided for City Council review and approval that includes check numbers 27146 to 27188. Accounts Payable Checks by Date - Detail by Check Date User: Printed: MILES.CLINE 11/6/2020 4:39 PM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 43 Public Employees Retirement Association 10/30/2020 PR Batch 52200.10.2020 PERA Coordinated PR Batch 52200.10.2020 PER PR Batch 52200.10.2020 PERA Coordinated PR Batch 52200.10.2020 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 52200.10.2020 State Income Tax 10/30/2020 PR Batch 52200.10.2020 Stat( Total for this ACH Check for Vendor 44: ACH 45 ICMA Retirement Corporation PR Batch 52200.10.2020 Deferred Comp ACH 46 27146 217 076-102020 C 27147 184 4065383127 4066034679 27148 36 0229574 27149 29 4007 27150 311 205389 10/30/2020 PR Batch 52200.10.2020 Deli Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52200.10.2020 Medicare Employee Pc PR Batch 52200.10.2020 Medicare Employer Po PR Batch 52200.10.2020 FICA Employee Portio PR Batch 52200.10.2020 Federal Income Tax PR Batch 52200.10.2020 FICA Employer Portio: 10/30/2020 PR Batch 52200.10.2020 Mec PR Batch 52200.10.2020 Mee PR Batch 52200.10.2020 FIC. PR Batch 52200.10.2020 Fed( PR Batch 52200.10.2020 FIC. Total for this ACH Check for Vendor 46: Total for 10/30/2020: Association for Nonsmokers -Minnesota 11/10/2020 North Suburban Tobacco Compliance Project Total for Check Number 27146: Cintas October Uniforms November Uniforms City of Roseville November IT Services City of St Anthony November Police Services CivicPlus City Website Redesign 11/10/2020 Total for Check Number 27147: 11/10/2020 Total for Check Number 27148: 11/10/2020 Total for Check Number 27149: 11/10/2020 1,014.66 1,170.76 2,185.42 641.96 641.96 1,758.68 1,758.68 230.34 230.34 984.91 1,658.45 984.91 4,088.95 8,675.01 114.00 114.00 11.03 11.03 22.06 1,488.00 1,488.00 62,255.92 62,255.92 10,300.00 AP Checks by Date - Detail by Check Date (11/6/2020 4:39 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 27150: 10,300.00 27151 61 Gopher State One Call 11/10/2020 0100531 October 2020 Locates 33.75 Total for Check Number 27151: 33.75 27152 31 Kennedy & Graven Chartered 11/10/2020 157559 September Legal Services - TIF District 450.00 157559 September Legal Services 647.50 157559 CARES Advice 70.00 Total for Check Number 27152: 1,167.50 27153 309 Malzer Chiropractic, LLC 11/10/2020 SBGrant CARES Small Business Grant 3,238.38 27154 24 0001115969 Total for Check Number 27153: 3,238.38 Metropolitan Council 11/10/2020 12/20 Wastewater Treatment 13,140.88 Total for Check Number 27154: 13,140.88 27155 140 Minnesota Department of Agriculture 11/10/2020 112020 2021 Tree Care Registry 25.00 Total for Check Number 27155: 25.00 27156 312 Nada Concepts Inc 11/10/2020 SBGrant CARES Small Business Grant 5,000.00 Total for Check Number 27156: 5,000.00 27157 84 North Star Bank Cardmember Services 11/10/2020 112020 Costco - Halloween Candy 115.93 112020 Amazon - MG Headset 35.42 112020 Staples - Printer Labels 91.80 112020 Target - Microwave 91.26 112020 Schwaab - MC Notary Stamp 39.55 112020 Office Max - Dymo Labels 32.83 Total for Check Number 27157: 406.79 27158 159 OPG -3 Inc 11/10/2020 4488 Check Scanning Project with Barcodes 2,220.00 Total for Check Number 27158: 2,220.00 27159 313 Perfection Type Inc 11/10/2020 SBGrant CARES Small Business Grant 5,000.00 Total for Check Number 27159: 5,000.00 27160 314 Precision Landscape and Tree Inc 11/10/2020 82182 P & W Ash Tree Removal 1779 Walnut 1,250.00 Total for Check Number 27160: 1,250.00 27161 310 Anna Savchenko 11/10/2020 1311 P & W Ash Tree Removal 2351 Summer 1,530.00 AP Checks by Date - Detail by Check Date (11/6/2020 4:39 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 27161: 1,530.00 27162 155 Seven Corners Printing 11/10/2020 58144 4Q2020 Newsletter 685.00 27163 81 St Paul Regional Water Service 112020 1885 Fulham St 112020 1915 Walnut St 112020 1891 Walnut St Total for Check Number 27162: 685.00 11/10/2020 47.66 23.76 63.84 Total for Check Number 27163: 135.26 27164 162 Swanson Haskamp Consulting, LLC 11/10/2020 891 General Planning Services Jan/Feb 524.00 892 1795 Eustis Project - March 393.00 903 1795 Eustis Project - April 818.75 981 1795 Eustis Project July - Oct 1,637.50 982 General Planning Services - Sept/Oct 458.50 Total for Check Number 27164: 3,831.75 27165 4 The Neighborhood Recycling Company Inc 11/10/2020 19179 October Single Unit Dwelling 19179 October Multi -Family Recycling 27166 3 427447214 2,862.72 397.44 Total for Check Number 27165: 3,260.16 US National Equipment Finance Inc 11/10/2020 Copier Contract 176.00 Total for Check Number 27166: 176.00 27167 74 Xcel Energy 11/10/2020 706509579 Larpenteur Bridge Lights 33.88 706536816 2430 Larpenteur Avenue W 18.65 706867018 Larpenteur Avenue 51.96 27168 221 Edith Affeldt 112020 Election Judge 27169 116 Wally Borner 112020 Election Judge 27170 119 Karen Doherty 112020 Election Judge 27171 318 Kari Goodmanson 112020 Election Judge 27172 316 Total for Check Number 27167: 104.49 11/10/2020 200.00 Total for Check Number 27168: 200.00 11/10/2020 200.00 Total for Check Number 27169: 200.00 11/10/2020 282.50 Total for Check Number 27170: 282.50 11/10/2020 109.38 Total for Check Number 27171: 109.38 John Hamre 11/10/2020 AP Checks by Date - Detail by Check Date (11/6/2020 4:39 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 112020 Election Judge 125.00 27173 120 Judith Hayes 112020 Election Judge 27174 304 112020 Trace Johnson Election Judge 27175 301 Tyler McLeod 112020 Election Judge 27176 122 Tony Mieloch 112020 Election Judge 27177 319 Jade Nachreiner 112020 Election Judge 27178 317 112020 Mike Nachreiner Election Judge 27179 320 Katherine Nave 112020 Election Judge 27180 315 Anna Phillips 112020 Election Judge 27181 275 Lynn Richason 112020 Election Judge 27182 302 112020 27183 321 112020 Judy Sheldon Election Judge Susan Shepperd Election Judge 27184 142 Hans Simons 112020 Election Judge Total for Check Number 27172: 125.00 11/10/2020 100.00 Total for Check Number 27173: 100.00 11/10/2020 100.00 Total for Check Number 27174: 100.00 11/10/2020 100.00 Total for Check Number 27175: 100.00 11/10/2020 200.00 Total for Check Number 27176: 200.00 11/10/2020 106.25 Total for Check Number 27177: 106.25 11/10/2020 118.75 Total for Check Number 27178: 118.75 11/10/2020 118.75 Total for Check Number 27179: 118.75 11/10/2020 125.00 Total for Check Number 27180: 125.00 11/10/2020 87.50 Total for Check Number 27181: 87.50 11/10/2020 100.00 Total for Check Number 27182: 100.00 11/10/2020 150.00 Total for Check Number 27183: 150.00 11/10/2020 225.00 AP Checks by Date - Detail by Check Date (11/6/2020 4:39 PM) Page 4 Check No Vendor No Invoice No Vendor• Name Description Check Date Reference Check Amount 27185 322 Joe Steinger 112020 Election Judge 27186 323 Linda Steinger 112020 Election Judge 27187 129 Jennifer Syverson 112020 Election Judge 27188 303 112020 Christopher Wrightson Election Judge Total for Check Number 27184: 225.00 11/10/2020 225.00 Total for Check Number 27185: 225.00 11/10/2020 225.00 Total for Check Number 27186: 225.00 11/10/2020 87.50 Total for Check Number 27187: 87.50 11/10/2020 Total for Check Number 27188: Total for 11/10/2020: 87.50 87.50 118,458.07 Report Total (47 checks): 127,133.08 AP Checks by Date - Detail by Check Date (11/6/2020 4:39 PM) Page 5 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date November 10, 2020 ITEM NUMBER Resolution of Polling Places STAFF INITIAL MC APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The legislature requires all municipalities to designate their polling place locations for an upcoming election year by December 31 of the previous year. The law permits changing polling place locations in the year of the election if the polling place authorized by the Lauderdale City Council becomes unavailable for use. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution 111020A—A Resolution Designating Polling Places for 2021 Elections. RESOLUTION NO. 111020A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DESIGNATING POLLING PLACES FOR 2021 ELECTIONS WHEREAS, Minnesota Statutes 204B.16, subd. 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling place locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting. NOW, THEREFORE, BE IT RESOLVED, that the Lauderdale City Council hereby designates the following polling place for elections conducted in the City in 2021: Precinct 1: Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 AND, BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to designate a replacement which meets the requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes unavailable for use by the City; AND, BE IT FURTHER RESOLVED, that the City Clerk is directed to send a copy of this resolution to the Ramsey County Elections Office. Adopted by the City Council of Lauderdale this 10th day of November, 2020. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Clerk LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date November 10, 2020 ITEM NUMBER Special Assess. Resolution STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Each year the city must submit a resolution to Ramsey County certifying special assess- ments for the year. This year the City has three special assessments that were negotiated via petition and waiver agreements. The resolution is a formality as the petition and waiver agreements eliminate the need for a public hearing and the owners have forgone the right to appeal. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution No. 111020B A Resolu- tion Levying Special Assessments. RESOLUTION 111020B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION LEVYING SPECIAL ASSESSMENTS WHEREAS, the city of Lauderdale (the "City") has a policy of assisting property owners with the cost of private projects that provide a public benefit; and WHEREAS, the city of Lauderdale will assist property owners with the costs of special assessments for public improvement projects done in cooperation with other local government partners when the owner is unable to afford the cost of the necessary work without financing from the City; and WHEREAS, the city of Lauderdale will assist residents with the cost of trimming or removal of trees when they are on private property, pose a hazard to the property owner or others and the owner is Linable to afford the cost of the necessary work without financing from the City; and WHEREAS, the owners of the properties identified on the list attached hereto have participated in the City's programs; and WHEREAS, it is not the intent of the City to pay for the work but to assist the property owners with financing the cost thereof through special assessments levied against their properties; and WHEREAS, the owners of properties identified on the list attached hereto have each executed a petition and waiver agreement with the City allowing the City to a specially assess their property for the cost of said work without hearing or notice of hearing regarding the work or the assessment thereof to ensure the City has valid special assessments against said properties; and WHEREAS, were it not for the petition and waiver agreements executed by the property owners, the City would not be willing to perform the work or levy the special assessment without hearing and notice of hearing on same; and WHEREAS, the property owners have agreed that their properties are benefited by the work performed or paid for by the City in an amount at least equal the amount of the assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAUDERDALE, MINNESOTA AS FOLLOWS: Section 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land included therein is hereby found to be benefited by the work in the amount of the assessment levied against it. Section 2. The assessment shall be payable over a period of three to ten years with an annual interest rate of 4.15 percent. LA135-3-683826.v1 Section 3. The owner of property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Administrator, except that no interest shall be charged if the entire assessment is paid within 30 days from the date of the adoption of this resolution; and they may thereafter pay to the City Administrator until November 15 in any year the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Section 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of Ramsey County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted: November 10, 2020 ATTEST: Heather Butkowski City Administrator 2 LA135-3-683826.v1 Mary Gaasch Mayor First Year AdditionalDays CD CD C) Assessment Length •,-- co o'") LO LO 1-0 r r r 4 4 4 Certified Interest Rate Assessment Amount $58,266.00 c) cl) C:1 0 (0 0) (0 N- N t-- 1.0 N--. Ca Ca Address , 3301 Como Avenue 1779 Walnut Street 2351 Summer Street Property Owner Como Partnership, LLLP Anna Ames Phillips and Daniel Phillips Jairo Moncada and Yolanda Rodriguez z 202923220037 172923330040 172923310004 a: = N C0 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date November 10, 2020 ITEM NUMBER Tobacco Ordinance Update STAFF INITIAL .61& APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In January, the Council adopted an interim ordinance to put a pause on the issuance of new tobacco licenses in order to update city code to reflect the new federal and state regulations and to consider the interest of existing tobacco license holders to open tobacco shops to sell a broader selection of flavored tobacco products. At the previous meeting, the Council spoke with Tony Rammer of Lauderdale BP and re- ceived the attached comments from Edison Siouffy of SuperUSA regarding tobacco shops and the sale of menthol cigarettes. Based on the conversation, the Council invited Katie Engman of the Association of Nonsmokers -Minnesota to this council meeting for a refresher on issues surrounding tobacco. Katie will be on the call to present and answer questions. Also attached is the draft ordinance with edits provided by the Public Health Law Center. The draft is in conformance with new federal and state regulations. They also provided comment on the tobacco shop issue the Council has been discussing. If the Council agrees with the changes, staff will send the proposed ordinance to the existing licensed tobacco holders. The city is required to provide them 30 -days notice of a public hearing on the mat- ter. That public hearing would be held January 12, 2021. OPTIONS: STAFF RECOMMENDATION: CHAPTER TOBACCO, TOBACCO PRODUCTS, TOBACCO -RELATED DEVICES, NICOTINE OR LOBELIA DELIVERY »EVICESPRODUCTSa, AND ELECTRONIC DELIVERY DEVICES SECTION: 3-6-1: Purpose 3-6-2: Definitions 3-6-3: License Required 3-6-4: Basis for Denial of License 3-6-5: Prohibited Sales 3-6-6: Self -Service Sales 3-6-7: Responsibility 3-6-8: Compliance Checks and Inspections 3-6-9: Exceptions and Defenses 3-6-10: Violations and Penalties 3-6-11: Severability 3-6-1: PURPOSE: The City recognizes that marketing and public health research and tobacco industry documents reveal that tobacco companies have used fruit, candy, mint, menthol, land alcohol flavors as a way to target youth and young adults and that the presence of flavors in tobacco products can make it more difficult for youth, young adult, and adult tobacco users to quit. The City further recognizes that young people are particularly susceptible to the addictive properties of commercial tobacco products, and are particularly likely to become lifelong users. National data show that roughly 95 percent of adult smokers begin smoking before they turn 21 years of age. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. Tobacco use has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. The purpose of this ordinance is to regulate the sale of tobacco, tobacco products, tobacco -related devices, nicotine or lobelia delivery devicesproducts, and electronic delivery devices for the purpose of enforcing and furthering existing laws, to protect adolescents against the serious effects associated with the use of tobacco, tobacco products, tobacco -related devices, nicotine or lobelia delivery dev4eesproducts, and electronic delivery devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes, section 144.391. 3-6-2: DEFINITIONS: The following words and phrases, as used in this Chapter, shall have the meanings ascribed to them. CHILD -RESISTANT PACKAGING: Packaging that meets the effectiveness specifications set 536406v1 DTA LA135-3 Commented [PHLC1]: This sample language provides state and federal law updates, removal of the exception to allow flavored products to be sold at 21+ tobacco shops (this will prohibit all sales of flavored tobacco products at all retailers), and other miscellaneous corrects and updates as noted in the comments. Commented [PHLC2]: The term used in state law is "products" so I changed this throughout. Commented [PHLC3]: This reference to mint and menthol was added to note that the flavor provision already addresses the sale of mint/menthol products, which are the most frequently used flavored products used by youth. forth in Code of Federal Regulations, title 16, section 1700.15(b) and that was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20. COMPLIANCE CHECKS: The system the City uses to investigate and ensure that those authorized to sell regulated products are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of persons under the age of 21, which may include [persons under the age of 18 -miner, as authorized by this ordinance. ELECTRONIC DELIVERY DEVICES: Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption that -eat -be through the inhalation of aerosol or vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act. FLAVORED PRODUCT: Any regulated product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a regulated product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than tobacco will constitute presumptive evidence that the product is a flavored product. INDOOR AREA: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. LOOSIES: The common term used to refer to a single cigarette or any other tobacco product that has been removed from its packaging and sold individually. 1 *• MOVABLE PLACES OF BUSINESS: Any form of business operated out of a kiosk • truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. NICOTINE OR LOBELIA DELIVERY DEVICEPRODUCT: Any product containing or 536406v1 DTA LA135-3 2 Commented [PHLC4]: To avoid confusion, the term "minor" is removed and replaced with a reference to the specific age. See note below where definition of "minor" is removed. Commented [PHLC5]: Updated to align with state definition changes. Commented [PHLC6]: To avoid confusion with the new required minimum legal sales age, this definition of minor could be removed and the specific ages intended could be named in the provisions where this term is used. I have made those changes here and throughout. delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, not including any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act. REGULATED PRODUCTS: The term that collectively refers to any tobacco, tobacco -related device, nicotine or lobelia delivery dev-ieeproduct, or electronic delivery device. RETAIL ESTABLISHMENT: Any place of business where regulated products are available for sale to the general public. SALE: Any transfer of goods for money, trade, barter, or other consideration. SMOKING: !Inhaling, exhaling, burning, or carrying any lighted or heated cigar. cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device. TOBACCO !pr TOBACCO PRODUCTS: Tobacco includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including, but not limited to; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any !nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act. TOBACCO -RELATED DEVICES. Tobacco -related devices includes any tobacco product as well as a pipe, wraps, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking or vaping of tobacco or tobacco products. Tobacco -related devices shall include components of tobacco -related devices, which may be marketed or sold separately. Tobacco -related devices may or may not contain tobacco. 536406v1 DTA LAI35-3 Commented [PHLC7]: Updated to align with state definition changes. Commented [PHLC8]: This updated definition of smoking addresses the use of a range of devices, products, and substances to better capture any emerging new products. Commented [PHLC9]: Defined terms should define a single term to avoid any confusion. Commented [PHLC10]: Updated to align with state definition changes. VENDING MACHINE. Any electric or electronic mechanical device which dispenses regulated products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the regulated products. 3-6-3: LICENSE REQUIRED: A. TOBACCO RETAILER LICENSE REQUIRED: No person shall sell or offer to sell any regulated products without first having obtained a license to do so from the City. B. LICENSE FEE: ffhe annual license fee shall be as established from time to time by resolution of the City Council. No license shall be issued until the appropriate license fee is paid in full. For periods shorter than one year the license fee shall be the full amount. C. APPLICATION: Every person or business desiring to obtain a license to sell regulated products shall file an application in writing with the City Clerk. The application must state the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, whether such business is that of an individual, sole proprietor, firm, partnership, or corporation and the address where the business is to be conducted. If the City Clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Upon receipt of a completed application and the annual license fee, the City Clerk shall forward the application to the City Council. D. INVESTIGATION; ISSUANCE: The City Clerk shall present the application to the City Council and the City Council shall order such investigation as it deems necessary. After the investigation, the City Council shall grant or deny the application. In the event of the application being granted, the City Clerk shall issue the license. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision as provided in 3-6-10. E. TERM OF LICENSE: The license shall expire on December 31 following its issuance. F. SEPARATE LICENSE REQUIRED: A license shall permit the licensee to sell regulated products at the one location specified in said license. A separate license shall be required for each location. G: TRANSFERS: All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. No transfer of any license to another location or person shall be valid_ the C [ H: MOVABLE PLACE OF BUSINESS: No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. I: DISPLAY OF LICENSE: The license shall be displayed by the licensee in a prominent and 536406v1 DTA LA135-3 4 Commented [PHLC111: Fees provide revenue for the administration and enforcement of the ordinance and for retailer and community education. Periodic review and adjustment of licensing fees will ensure that they are sufficient to cover all administration, implementation, and enforcement costs, including compliance checks. Our publication, Retail License Fees, provides more information about retail licensing fees and a license fee checklist. Commented [PHLC12]: The City could require a full application process for every licensee and license issued. State law is silent on this point. conspicuous place at the licensed location. J: REVOCATION OR SUSPENSION: Any license issued under this section may be revoked or suspended as provided in 3-6-10. K: ISSUANCE AS PRIVILEGE AND NOT A RIGHT: The issuance of a license under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. L: SMOKING PROHIBITED IN TOBACCO RETAIL ESTABLISHMENTS: Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a tobacco retailer license. Smoking for the purposes of sampling regulated products is prohibited. IM: SAMPLES PROHIBITED: No person shall distribute samples of any licensed product free of charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited 3-6-4: BASIS FOR DENIAL OF LICENSE: A. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: i. The applicant is under the age of 21 years. ii. The applicant has been convicted within the past five years of any violation of federal, state, or local laws, ordinance provisions, or other regulation relating to regulated products. The applicant has had a license to sell regulated products suspended or revoked by any issuing authority within the preceding 12 months of the date of the application. iv. The applicant fails to provide any information required on the application, or provides false or misleading information. v. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. BG. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 3-6-5: PROHIBITED SALES: A. It shall be a violation of this chapter for any person to sell or offer to sell any regulated products' as follows%i. To any person under the age of 21 years.' 536406v1 DTA LA135-3 Commented [PHLC13]: Many jurisdictions in Minnesota go further than state and federal law prohibiting some samples by prohibiting all samples. Commented [PHLC14]: The grounds for denial should be clear and consistently applied. This language is removed because it allows for some discretion in whether to use any or all of these bases for denial to deny the license. Formatted: Indent: First line: 0" Commented [PHLC15]: For readability and to align with state law, this minimum legal sales age provision is moved to its own paragraph below with subparagraphs that provide the new state law requirement for signage and age verification. ii. By means of any type of vending machine. iii. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed retail establishment in order to receive regulated products and whereby there is not a physical exchange of the regulated products between the licensee, or the licensee's employee, and the customer. iiiv. By means of loosies. iv. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. its employee or agent, must verify the buyer's age as at least 21 years by means of a government C. It shall be a violation of this chapter for any person to sell or offer to sell any liquid which is intended for human consumption and use in an electronic delivery device, whether or not such liquid contains nicotine, in packaging that is not child -resistant. Upon request, a licensee shall provide the City with a copy of a certificate of compliance or a full laboratory testing report to verify compliance with this paragraph. D. It shall be a violation of this chapter for any person to sell or offer to sell any flavored products. i. Prohibit persons under 21 from entering at all times; ii. Derive at least 90 percent of their revenues from the sale of regulated products; and 536406v1 DTA LA135-3 Commented [PHLC16]: The requirements for age verification and signage in this provision are moved to the new paragraph below regarding minimum legal sales age. The modified language below also complies with these state requirements. E. Legal age. No person shall sell any licensed product to any person under the age of 21. i. lAge verification. Licensees must verify by means of government -issued photographic identification containing the bearer's date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. ii. Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. 3-6-6: SELF-SERVICE SALES: All regulated products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. This subsection shall not apply to licensed establishments that prohibit persons under 21 from being present or entering at all times and derive at least 90 percent of gross revenues from the sale of licensed products. . • .. • , 3-6-7: RESPONSIBILITY: All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of regulated products on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting employees to whatever penalties are appropriate under this chapter, state, or federal law, or other applicable law or regulation. 3-6-8: COMPLIANCE CHECKS AND INSPECTIONS: 'All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least d twice b_ per year, the city will conduct compliance checks. In accordance with state law, the city will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase licensed products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personneiA11 licensed retail establishments shall be open to inspection by the City's contracted police 536406v1 DTA LA135-3 Commented IPHLC17]: This removes the exception that allowed 21+ tobacco shops to continue to sell flavored products. Jurisdictions with this exception have experienced a significant increase in tobacco shop applications as stores, convenience stores, and gas stations have created "split" stores that essentially function as a single store but sell flavored tobacco products from one section of the store. In addition to improving public health and advancing health equity, complete prohibitions on the sale of flavored tobacco products are clear, easy to understand, and remove much of the guesswork and frustration associated with the tobacco industry's response to exceptions to flavored tobacco sales regulations. Commented [PHLC18]: This age verification and signage requirement aligns with state law. This sample language provides that the city will provide the required signage to ensure that the proper signage is used. Commented [PHLC19]: With removal of this subsection above, I included the 21+ and 90 percent gross revenues requirements for a tobacco shop to allow self—service sales. Commented [PHLC20]: While state law requires only one compliance check, the City may consider requiring at least two checks. Commented [PHLC21]: This compliance check language conforms to state law. I' - No person used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall truthfully answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. 3-6-9: EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of regulated--pfeductstobacco and tobacco -related devices Ito a -any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. 3-6-10: VIOLATIONS AND PENALTIES: Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this ordinance by a person 21 years of age or older within five years of a previous conviction under the ordinance Any person, firm, or corporation-whe be amended from time to time by the Minnesota Legislature. The cost of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. A. GENERALLY. The license holder shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this article shall be considered an act of the license holder for purposes of imposing a civil penalty, license suspension, or license revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense B. NOTICE OF VIOLATION. Upon the occurrence of a violation, the police department shall inform the city administrator of the violation. The city administrator shall then send to the license holder a written notice of the civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this article. C. ADMINISTRATIVE CIVIL PENALTIES; LICENSEE: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the State of Minnesota as follows: (i) 'First violation: The first violation of this chapter shall be punishable by a civil penalty of $300200.00. 536406v1 DTA LA135-3 Commented [PHLC22]: This sentence is unnecessary because there is no prohibition nor penalty in federal, state, or local law for possession. Commented [PHLC23]: This exception was updated to reflect T21 and to limit the types of products allowed under this exception. Commented [PHLC24]: This provision is updated to align with state penalty changes. However, the state does not require criminal penalties so this provision could be removed. (ii) Second violation: A second violation of this chapter within any twenty feurthir - six-month period shall be punishable by a civil penalty of $600480.00 and a three- day suspension of the license. (iii) Subsequent violation: A third or subsequent violation of this chapter within any twenty-feurthirty-six-month period shall be punishable by revocation of the license for one year plus a civil penalty of $1,000.00890:00. D. ADMINISTRATIVE CIVIL PENALTIES; INDIVIDUALS: An individual age 21 and older, who sells a regulated product to a person under the age of 21 years may lbe charged an administrative penalty of $50. E. HEARING: Following receipt of a notice of a violation and penalty issued under this section, the license holder or individual may pay the penalty or request a hearing before the City Council. A request for a hearing shall be made by the individual or license holder in writing and filed with the city administrator or designee within ten days of the mailing of the notice of the alleged violation. Following receipt of a written request for hearing, the individual or license holder shall be afforded an opportunity for a hearing before the council. F. FINDINGS: If after the hearing the license holder or individual is found in violation of this chapter, the council shall impose a penalty. Based upon the findings, the penalty may be adjusted at the discretion of the council. The decision that a violation has occurred must be in writing. G. DEFAULT: If the individual or license holder has been provided written notice of the violation and if no request for a hearing is filed within the ten-day period, then the civil penalty, suspension or revocation imposed in this chapter shall take immediate effect by default. The city administrator or designee shall mail notice of the fine, suspension, or revocation to the individual or license holder. 3-6-11: SEVERABILITY If any section or provision of this chapter is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. Adopted by the Lauderdale City Council this 23'd day of October, 2018. Published by title and summary in the Roseville Review this 20'h day of November, 2018. 536406v1 DTA LA135-3 Commented [PHLC25]: These updates reflect the state minimum penalties: increased penalties and 36 -month lookback. The state minimum requires a 7 -day suspension of the license upon a third violation so this ordinance is stronger by requiring revocation for a year upon a third violation. Local jurisdictions may have stronger penalties than the state minimums and the City could consider a permanent revocation upon a 4th violation. Commented [PHLC26]: State law does not require a $50 penalty so this provision could be amended to be permissive, instead of required. Page 4: [1] Commented [PHLC11] Public Health Law Center 10/30/2020 11:42:00 AM Fees provide revenue for the administration and enforcement of the ordinance and for retailer and community education. Periodic review and adjustment of licensing fees will ensure that they are sufficient to cover all administration, implementation, and enforcement costs, including compliance checks. Our publication, Retail License Fees, provides more information about retail licensing fees and a license fee checklist. I Heather Butkowski From: Sent: To: Subject: eddie siouffy <siouffy09@hotmail.com> Tuesday, November 3, 2020 7:06 AM Heather Butkowski Re: Tobacco Conversation Caution: This email originated outside our organization; please use caution. Hi Heather, I'm sorry I got busy at the store during the council meeting regarding the tobacco ordinance and could not attend. This is the statement I would like to submit. "When the city council adopted the flavor ban ordinance, we lost a significant amount of our customers, sales, and potential sales we could have had. I have friends that have converted their store into half tobacco and half convenient store in Minneapolis and St. Paul. I learned that by adding in a separate entrance allows only 21 and older to be able to come into the tobacco part of the store, which would allow me to bring back the flavored tobacco. I would like to build a tobacco store inside the existing store. Another option I believe would help is we build no tobacco store and allowing us to bring back just Menthol and not all the other flavors of tobacco. In the city of Lauderdale, most of our customers are middle-aged working-class adults. We rarely see any children. The increased age limit to 21+ in purchasing tobacco is more effective than having a strict flavor ban. This has only negatively affected the businesses in Lauderdale. " Thank you for your time and consideration. From: Heather Butkowski <Heather.Butkowsl<i@lauderdalemn.org> Sent: Friday, October 23, 2020 9:15 AM To: 'eddie siouffy' <siouffy09@hotmail.com> Subject: RE: Tobacco Conversation Of course. By noon on Tuesday would be good. From: eddie siouffy <siouffy09@hotmail.com> Sent: Friday, October 23, 2020 9:15 AM To: Heather Butkowski <Heather.Butkowski@lauderdalemn.org> Subject: Re: Tobacco Conversation Caution: This email originated outside our organization; please use caution. I'm not sure if I will be able to attend virtually. Is it possible for me to write a statement and send that to you? F/ Roseville Area Schools 1251 County Road 62 West • Roseville, MN 55113 PHONE 651-635-1600 • FAx 651-635-1659 • www.isd623.org October 30, 2020 Dear Mayor Gaasch and Council Members: Just a couple of years ago, it felt like we had turned the corner on tobacco use as most of our students thought smoking was gross. All that changed with vaping and e -cigarettes. As Superintendent of Roseville Area Schools, I am deeply concerned about the use of tobacco products by our students. To protect our students' health and wellbeing, I strongly support a restriction on the sale of all flavored tobacco products, including menthol. Flavorings such as fruit, candy and menthol mask the harsh taste of tobacco. Menthol, in particular, soothes the throat and makes it easier for youth to start using tobacco products and harder for them to quit. After reviewing the results of the 2019 Minnesota Student Survey, I am alarmed by the rise in Roseville students who reported using flavored tobacco products, e -cigarettes and vaping devices. Our students are becoming addicted, which endangers their very futures. We must take action. We are all focused on COVID-19 and the dire consequences of racial inequity. Some may think that dealing with tobacco would be nice but not necessary because of these other pressing problems. Actually, addressing tobacco use impacts both COVID and racial targeting and health disparities. The harms of tobacco are directly connected to the pandemic. Research from Stanford University shows that among young people who were tested for COVID-19, those who used e -cigarettes were five to seven times more likely to be infected than those who didn't vape. Tobacco use is one of the risk factors for developing serious COVID symptoms. The tobacco companies have targeted African American communities for decades with menthol promotions and they have succeeded. Of African Americans who 2uality Teaching & Learning for A11...Equity in 7111 We Do smoke, over 80% smoke menthol. We also know that African Americans and other racial and ethnic groups are being disproportionately affected by COVID- 19. This targeting of African American communities has significantly increased racial health disparities. I strongly urge you to restrict the sale of all flavored tobacco products, including menthol, to protect our students' health and wellbeing. Please let me know how I can help make this possible in Lauderdale. Sincerely, 4,e4 .47cre Dr. Aldo Sicoli Superintendent, Roseville Area Schools LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date November 10, 2020 ITEM NUMBER 1795 Eustis Street PUD App. STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Jennifer Haskamp of Swanson-Haskamp Consulting and Patrick Ostrom from Real Estate Equi- ties will participate in the meeting to discuss the submittals for the final Planned Unit Develop- ment (PUD) application prepared by Real Estate Equities. Please see the following memo from Jennifer and supporting documents OPTIONS: STAFF RECOMMENDATION: MEMORANDUM To: Mayor and City Council Date: November 5, 2020 CC: Heather Butkowski, City RE: Real Estate Equities Final PUD Administrator application for a Senior Development at 1795 Eustis Street Application and Process Summary The Applicant, Real Estate Equities (REE), is proposing to redevelop the site at 1795 Eustis Street with an age -restricted senior apartment project ("Project"). REE has completed the Concept Plan PUD, and the Development Stage PUD application processes and are now applying for the Final Planned Unit Development (PUD), and alley vacation for the subject Project. In July 2019 REE was granted Development Stage PUD approval with 33 conditions as noted in Resolution #070919B (hereafter referred to as the "Resolution" and provided as Attachment A). Several of the conditions addressed information and materials required to be submitted as part of the Final PUD application. The following analysis is provided to address the completeness of the materials, and to identify any outstanding issues that should be addressed prior to the next City Council meeting. Application Summary The Applicant is requesting approval of a Final PUD and to vacate a portion of alleyway on the subject Property. The following summary of the components of each application is provided for information and reference: • If approved, the Final PUD will: o Rezone the property to PUD. The PUD zoning district will include specific requirements for use which shall be documented within both the Conditional Use Permit and Development Agreement. PUD zoning specifically allows flexibility from the strict standards of a zoning district. For purposes of the review, the most similar zoning district at this time is the R-3 multiple family, and the proposed PUD seeks flexibility from those standards. o Grant Conditional Use Permit (CUP) for the use of the property as a senior housing development. The CUP will address use and operations on the site once the building is open and reference the Development Agreement and site construction activities. o Require the execution of a Development Agreement. A condition of the Final PUD is that the Applicant (Developer) enter into a Development Agreement with the City for construction and development of the Project. • If approved, a portion of Alleyway will be vacated on the southwestern border of the site. o Vacation of the alley will be conditioned on the Applicant granting a new perpetual public ingress and egress easement to Eustis Street. It should be noted that approval of both the Final PUD and Alley Vacation will be conditioned on the successful closing and purchase of the site by REE. If REE does not purchase the property, then no application shall be approved, acted upon, or recorded. The following list of attachments are provided to assist in your review of the following staff report and analysis: www.swansonhaskamp.com JLU 1r • Attachment A: Resolution #070919B • Attachment B: Draft Conditional Use Permit with Attachments • Attachment C: Architectural Plan Set dated October 30, 2020 • Attachment D: Civil Site Plan Set (including Landscape Plan) dated October 30, 2020 • Attachment E: Memo from REE regarding Site Construction • Attachment F: Alley Vacation Application and Exhibit This staff report is divided into three parts 1) The Final PUD application review; and 2) The request to vacate a portion of alleyway summary, and 3) Next Steps. 1) Final PUD Application Per Section 10-7-9 Final PUD Approval of the City of Lauderdale code of ordinances, the Final PUD shall include the materials as required per the conditions of the Development Stage PUD approval, and "execute the development contract prepared by the City." The purpose of the Final PUD stage is to determine compliance with the conditions as noted in the Development Stage PUD approval, and to review and approve a Development Agreement. A Development Agreement is essentially a contract between the City and the Applicant that primarily addresses construction and development activities related to the subject Project. Given the complexity of this project, staff will present the review for completeness based on the conditions contained in Resolution #070919B in this report, with the first draft of the Development Agreement to be presented at the November 24, 2020 City Council meeting. Conditional Use Permit Corresponding Resolution Conditions #1, 2, 5, 6, 7, 8, 9, 22, 23, 24, 26, 27 A Conditional Use Permit (CUP) is required for the subject project by the City's ordinances, which was further detailed in condition numbers 5 and 6 of the Resolution. The CUP primarily addresses post - construction activities related to the use of the site for a senior apartment project. Attachment B of this staff report provides a draft CUP for your review and consideration. A couple items to note as you review the CUP: 1) The conditions applied must be reasonable and correlated with health, safety and welfare of the community; 2) the CUP will be recorded against the property and is not given to the Applicant, which means the CUP will exist into perpetuity regardless of the owner provided the conditions are met; and 3) the CUP focuses primarily on post -construction activities, but addresses and references the construction and architectural documents. Specific site development and site construction activities will be addressed within the Development Agreement. Ground Sign, Wall Signs and Naming Corresponding Resolution Conditions #1, 2, 10 Sheet SD_000 provides an elevation and section of the proposed monument sign (which is defined as a Ground Sign based on the proposed dimensions as defined in Section 10-10-2) and is located on the north side of the entrance driveway to the Project (Attachment C). As denoted the monument sign is approximately 5'6" tall from grade and is approximately 1"4" wide at the base. The sign is approximately 10' wide at its widest point, and the sign area is set on tov of a stone -clad base. As denoted the sign is proposed to be internally lit (illuminated), and there is no name identified for the proposed Project. www.swansonhaskamp.com JL 1r The rezoning of the property to PUD considers the `underlying' zoning, which based on the proposed use is most consistent with the City's current R-3 zoning regulations. Applying the sign standards from this district, the sign -face is approximately 29.75 square feet, and there is a total of approximately 66.5 square feet of sign area excluding the base. Section 10-10-4 permits a sign face of a maximum of 32 square feet, with a total sign area not to exceed 100 square feet. Illuminated signs are permitted, but Staff requests some discussion by the City Council regarding the character of this type of sign in its location. Exterior or directed lighting may be more appropriate but is not required since exterior or internally lit signs are permitted. As proposed, the ground sign meets the City's ordinance requirements for ground signs in the residential zoning districts. If alternate lighting of the sign is preferred, a condition could be added to the Final PUD resolution upon the direction of the City Council. Some wall/entry signage is proposed on the canopies on the north elevation. This signage is assumed to be the Project name, but since the name is unknown performing an area calculation is not possible. Staff would recommend carrying a condition forward to the Final PUD resolution that all proposed wall and entry signage shall be reviewed and approved by City Staff prior to being installed. Material Sample Boards Corresponding Resolution Conditions #1, 2, 12 The Applicant submitted a materials sample board that corresponds to the elevations shown in the Architectural Plan set (Attachment C). The materials depicted include a mix of cement board siding (hardie board, or similar) in a taupe, white and brick red color palette. Generally, the colors identified on the sample board are similar to those identified in the elevations, but the taupe siding color is not as gray as depicted in the renderings. The material identified for the base and foundation is an engineered cement/stone block that identifies a range of light beige with warm browns around the foundation. Accents such as window flashing, door frames, and soffit details are shown as white, consistent with the renderings. All materials shown on the submitted samples have a slight gray undertone. As depicted, and as submitted, this condition has been met and the colors and materials are consistent with the renderings contained in the Architectural Plan set. www.swansonhaskamp.com JLU ii: Landscape Plan, Fencing and Retaining Wall Details Corresponding Resolution Conditions #1, 2, 14, 15, 16, 17, 18, 19, 20 The Applicant has submitted an updated Landscape Plan which is provided in the attached Civil Plan set (Attachment D) and is identified as sheet L1-1. Condition number 14 required additional boulevard plantings along the Spring Street and Malvern Street frontages. Staff conducted a side-by-side comparison of the Landscape Plan reviewed as part of the Development Stage PUD and determined that 10 additional trees have been provided on the updated plan set, for a total of 24 boulevard street trees to be planted along Malvern, Spring and Eustis Streets. As proposed, the Applicant's updated submittal meets the conditions as required in the Resolution. Condition numbers 15 and 16 address the southern property line of the subject Project, and the intent of the conditions was to ensure adequate screening is provided between the proposed Project and adjacent single- family residential uses. The Landscape Plan has been updated to reflect a mix of both deciduous and conifers along the southwestern portion of the property line, and a 6 -foot cedar board -on -board fence is proposed along the southerly property line to achieve 100% opacity at ground level. The fence detail is provided on Sheet SD_000. As proposed, the Applicant's updated submittal meets conditions 15 and 16 as required in the Resolution. Condition number 17 requires the Applicant to provide a 2 -year landscape guarantee for all plants shown on Sheet L1-1. This condition should be carried forward and incorporated into the CUP and the Development Agreement. Condition number 18 addresses maintenance and management of the vegetation and fencing along the southern property edge which is intended to provide a buffer between the proposed Project and adjacent single-family residential uses. A condition that addresses the maintenance and management of landscaping and vegetation along the southern edge has been incorporated into the CUP in Attachment B. Condition number 19 requires a $2,000 escrow be submitted to the City which shall be used solely for off site plantings or fencing along the frontage of 1778 Eustis Street. Since the plantings and/or fencing are off-site, no update to the Landscape Plan is required as part of this condition. Staff recommends carrying this condition forward and including it within the Development Agreement and the Resolution granting Final PUD. Condition number 20 requires additional details regarding hardscape materials be provided, including the retaining walls. A detail regarding the retaining wall is provided on sheet C8-1 of the Civil Plan set which describes the retaining wall materials as a modular block with a cap. While the profile detail looks acceptable, staff believes it is important that the color and material palette of the retaining walls on site is reviewed to ensure consistency with the materials and colors as shown on the submitted Materials Board. Staff would recommend including a condition in the Final PUD approval that the colors and materials of the retaining wall shall be submitted for review and approval by the City Staff prior to a building permit being issued for the structure. www.swansonhaskamp.com JLU 1r Site Security, Development and Construction Corresponding Resolution Conditions # 1, 2, 28, 29 The Applicant provided a brief narrative in response to Conditions 28 and 29, as well as a list of questions provided by City Staff (Attachment E). As noted in the Resolution, the formal plan for site construction, including haul routes and parking must be reviewed and approved by the City Engineer prior to any building permits being granted. However, given concerns and questions from neighbors some preliminary information was provided by the Applicant's General Contractor for the subject Project. As noted in the responses, the construction site will be secured with a 6 -foot chain link security fence for the duration of the Project, and the public will not have access to the construction site. The haul route will be determined in coordination with the City Engineer, and staff recommends including this as a condition within the Final PUD resolution and the Development Agreement. Condition #29 addresses potential adverse impact to adjacent single-family residential foundations due to construction activities (i.e. digging of the foundation and underground garage.) As noted within the Applicant's response, their General Contractor does not believe there are any demolition or construction activities that will create enough vibration to adversely impact adjacent properties. Staff recommends including a condition within the Final PUD and Development Agreement to address the concern of the neighbors since the General Contractor is making some assumptions regarding construction and demolition that cannot be verified until site development and construction begins. Adjacent Neighbor Impacts Corresponding Resolution Conditions #13, 19 Condition number 13 addresses the potential adverse impact to the solar panel installation on the property located at 1801 Eustis Street due to the height of the proposed Project. The condition requires the Applicant to work with the City and the property owner of 1801 Eustis to determine appropriate monetary relief for the impact to the productivity of the solar panels during the winter months. City staff is coordinating this effort and the property owner at 1801 is working with their solar contractor to determine the potential impact. This condition is in -progress and will be addressed more formally within the draft Development Agreement. Condition number 19 requires the Applicant to submit a $2,000 landscape escrow so that the property owners at 1778 Eustis Street may install either landscaping, fencing or a combination of both to mitigate potential light and glare created by headlights exiting the Project site. This condition is acknowledged and should be carried forward to the Development Agreement the Final PUD resolution. Miscellaneous Conditions Corresponding Resolution Conditions #18, 30, 31, 32, 33 Conditions 18, 30, 31, 32 and 33 are generally administrative conditions that must be completed prior to execution of the Final PUD and subsequent rezoning. These conditions should be noted and carried forward to the Final PUD resolution and/or Development Agreement as applicable. These items are properly addressed with this Final PUD application, and the conditions met provided they are carried forward to the appropriate permit and/or agreement. www.swansonhaskamp.com JLU 117 2) Application to Vacate Alley REE submitted an application for Vacation of the alleyway running generally east -west along the southwestern property line. The vacation materials are attached to this staff report for your review and consideration (Attachment F). The portion of alley to be vacated connects with the north -south alleyway running parallel and between Malvern Street and Eustis Street, and provides access to the single-family homes adjacent and south of the subject Project. Due to the configuration of the proposed development, the Project requires that the access be reconfigured so that the primary access/entrance driveway to the Project is from Eustis Street. The reconfiguration results in the elimination of the alley access from Malvern Street because the structure and side -yard vegetative buffer will occupy this area with the redevelopment of the site. Since neighbors lying south of the subject Project rely on a through -alley to provide adequate access to their properties and detached garages, the new access drive from Eustis Street must provide a public access easement if the existing alleyway is vacated. This swap, or exchange, in concept was agreed to during the Development Stage PUD process. However, since the existing alleyway is contained within a public right-of-way easement, a formal vacation of this easement area is required. The Applicant's submitted materials are complete, and a Public Hearing to consider the vacation will be held at the regular November 24, 2020 City Council meeting. Notice of the hearing will be posted in the newspaper, and adjacent neighbors will be notified consistent with MN State Statute. It should be noted that any authorization or approval will be conditioned on 1) that the proposed Project is constructed by REE and that they become the fee title owner of the property; 2) that a public access easement is given over the entrance driveway from Eustis Street and that such easement shall connect to the north -south existing alleyway; 3) that the portion of vacated right-of-way shall remain open and accessible to the public until such time that the new access is installed; and 4) that the vacation may not be recorded until the Final PUD and Development Agreement are executed. 3) Next Steps The next review of the Final PUD and Vacation applications will be held on November 24, 2020. The public hearing will be noticed to solicit public testimony regarding the proposed vacation, and a full analysis by staff will be provided for consideration. Additionally, a draft Development Agreement will be provided for review and consideration by the City Council, which will incorporate any comments or concerns expressed during the November 10, 2020 meeting. www.swansonhaskamp.com ATTACHMENT A Council Member Moffatt introduced the following resolution and moved its adoption: RESOLUTION NO. 070919B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT (PUD) AT 1795 EUSTIS STREET TO CONSTRUCT AND OPERATE A SENIOR MULTI -FAMILY HOUSING PROJECT A. WHEREAS, the City of Lauderdale is the owner of the property located at 1795 Eustis Street, Lauderdale, Minnesota; and B. WHEREAS, the City Council solicited informal proposals from parties interested in redeveloping the subject site with senior housing to meet the goals and objectives of the City's 2040 Comprehensive Plan; and C. WHEREAS, Real Estate Equities ("Applicant") prepared and presented a Concept Plan to redevelop the subject site with a 114 -unit Senior Housing building on February 26, 2019; and D. WHEREAS, on March 19, 2019 the Applicant held an Open House to solicit feedback from the community before submitting their formal Development Stage PUD application; and E. WHEREAS, the City Council considered feedback from the Open House and provided comments that were subsequently incorporated into the Development Stage PUD application; and F. WHEREAS, on April 24, 2019 the Applicant submitted a complete Development Stage PUD application seeking conditional approval to rezone the subject property to PUD and to preliminarily approve the proposed Senior Housing project; and G. WHEREAS, on May 14, 2019 the City Council held a duly noticed public hearing for the subject Project; and H. WHEREAS, on May 28, 2019, June 11, 2019 and July 9, 2019 the City Council considered the public testimony and the Development Stage Planned Unit Development; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, that it does hereby approve the request of Real Estate Equities for Development Stage Planned Unit Development provided that the following conditions are met: 1. The Plans submitted by the Applicant on April 24, 2019 are conditionally approved with the changes and updates as noted herein. 2. The proposed Project, as detailed and described within the Narrative submitted by the Applicant on April 24, 2019 requesting that Subject Property be rezoned to Planned Unit Development (PUD), is conditionally approved with the conditions as noted herein. 3. The Applicant shall submit an application to vacate that portion of the alley running east -to - west along the southern property line and connecting to Malvern Street with the Final PUD application. ATTACHMENT A 4. Approval of the Final PUD and Rezoning shall be conditioned on the approval of vacating that portion of the alley as described in Condition #3. 5. A Conditional Use Permit (CUP) may be drafted to support the rezoning to PUD and such CUP shall be recorded against the subject property. The CUP may incorporate operational conditions and site conditions that will continue beyond the construction period, which may be noted within the Development Agreement, and such conditions shall be consistent. 6. In conjunction with the requirements of the Development Agreement, the CUP may be drafted to permit the PUD for a Senior Housing use and no other use shall be permitted without an application to amend the CUP. 7. Prior to Final PUD plan approval and rezoning, the Applicant shall provide additional details regarding trash removal. All waste and recycling receptacles are required to be fully enclosed on site, and it is unclear how long the trash and recycling bins are proposed to be un -enclosed on the denoted concrete pad near the parking bay. Details must be provided and documented within an Operations Management Plan which must be reviewed by City Staff to ensure compliance with the City's ordinances. 8. The Development Agreement, and Operations Management Plan, shall provide details regarding snow removal on site. This language shall be reviewed and approved by the City Staff prior to execution of the Development Agreement. 9. The Applicant shall prepare a Parking Plan that shall be incorporated into the CUP and the Development Agreement. The Parking Plan shall describe a process to address the management of resident parking and usage of onsite parking. The Parking Plan shall address how management will respond if the majority of residents are consistently parking on City Streets and not paying for use of the underground parking stalls. The Parking Plan, as well as process to amend it, shall be provided to the City's staff, including City Attorney, who shall review and approve the Parking Plan prior to execution of the Development Agreement. 10. The Applicant shall provide additional detail regarding the monument/entrance sign including proposed lighting. This information shall be submitted with Final PUD application materials. 11. The Applicant shall submit and provide all proposed wall signage, entry signage, or any other proposed naming as part of the Final PUD submittal. 12. The Applicant shall submit and provide a sample board that shows proposed colors and exterior building materials with the Final PUD application materials. 13. The Applicant shall work cooperatively with the City to determine appropriate compensation to the property owner at 1801 Eustis Street. The compensation shall provide monetary relief for the reduction in solar productivity at the winter solstice as a result of the proposed Project. Such agreement and analysis shall be completed and incorporated into the Development Agreement. 14. The Applicant shall update the Landscape Plan to include additional boulevard trees along the north frontage (Spring Street) and the west frontage (Malvern Street). Spacing between trees shall be consistent with the spacing as denoted along Eustis Street that is approximately 45 - feet on center. Tree species as denoted including Boulevard Linden and Skyline Honeylocust are acceptable, and based on sheet L1-1 result in approximately 8-10 additional trees added to the landscape plan. Sheet L1-1 shall be updated and submitted with the Final PUD application for review and approval. 15. The Applicant shall update the Landscape Plan to incorporate deciduous trees along the south-west edge which is adjacent to an existing residential property. A minimum of three deciduous trees, Maple or Lindens shall be incorporated. Sheet L1-1 shall be updated and submitted with the Final PUD application for review and approval. ATTACHMENT A 16. The proposed privacy fence along the south edge of the property which provides screening to adjacent single-family uses, shall be revised to a 6 -foot cedar privacy fence (board on board) to achieve 100% opacity and screening between uses. The Applicant shall work with City Staff to identify the location of the fence which shall screen, to the extent possible, the adjacent neighbors. The fence shall be maintained as detailed in the CUP and Development Agreement. 17. The Applicant shall provide a 2 -year landscape guarantee for all plants identified on sheet L1-1, and such guarantee shall be included as a condition within the executed Development Agreement. 18. The landscaping and fence along the southern property edge shall be maintained in perpetuity as it provides screening to adjacent single-family uses. If vegetation along the southern edges dies, replacement with the same, or substantially similar vegetative properties shall be planted as soon as possible based on appropriate planting conditions and season. 19. The Applicant shall provide a $2,000.00 landscape escrow to the City which shall be used solely for off-site plantings or fencing along the frontage at 1778 Eustis Street. The property owners shall select planting or fencing materials to mitigate potential glare/impacts from traffic exiting the proposed Project site. 20. Details regarding hardscape materials including all retaining walls shall be submitted for review and approval during the Final PUD application process. 21. The Applicant shall be required to pay all Park Dedication fees due, which shall be calculated and agreed to through the Final PUD process, prior to release of the building permit. 22. The Operations Management Plan, or any other tool which details the onsite management of the Senior Building including waste management, landscape management, and snow removal, shall be provided to the City for review and approval by City Staff prior to Final PUD plan approval and rezoning. 23. The Applicant shall obtain all necessary permits and approvals from the Rice Creek Watershed District. Such approvals and permits shall include, but not be limited to, the stormwater management plan. The Applicant shall provide a copy of the approved permit prior to commencing any site work. 24. The Applicant shall prepare final construction plans acceptable to the City Engineer prior to commencing any site work. 25. The Applicant shall address and meet all conditions as stated within the City Engineer's memo dated May 10, 2019. 26. The Applicant shall obtain appropriate demolition permits from the City, Ramsey County and the Minnesota Pollution Control Agency (MPCA), and shall follow all rules, procedures and conditions of such permits. Copies of all approved permits shall be provided to the City prior to any site work commencing on site. 27. The Applicant shall obtain a Building Permit prior to the commencement of any site work. 28. The Applicant shall prepare a Construction Management Plan that includes haul routes, site security/fencing, and parking locations which shall be incorporated into the Development Agreement. Such plan shall be developed in coordination with City Staff and shall be approved by the City Engineer prior to obtaining a Building Permit. 29. The Construction Management Plan shall also detail steps to inventory existing conditions, and to ensure adjacent foundations and structures are not adversely impacted by construction activities. ATTACHMENT A 30. The Applicant shall be required to enter into a Development Agreement which shall be drafted by the City, and its terms generally agreed to by both parties, prior to Final PUD or Rezoning to PUD approval. 31. The Development Agreement shall be required to be executed as a condition of Rezoning to PUD. 32. Rezoning of the subject property to PUD shall be conditioned on the Applicant fulfilling the conditions as noted herein, and upon the approval of the Final PUD and any other instruments including, but not limited to, the TIF agreement. 33. That the Applicant shall replenish and pay all escrow fees and permit fees prior to Final PUD and Rezoning approval. Dated: July 9, 2019 ATTEST: Heather Butkowski, City Administrator -Clerk Mary Gaasch, Mayor The motion for the adoption of the forgoing resolution was duly seconded by Member Dains and upon vote being taken the following voted in favor thereof: Dains, Grove, Moffatt, and Mayor Gaasch And the following voted against same: none Whereupon said resolution was declared duly passed. ATTACHMENT B 1795 EUSTIS STREET SENIOR APARTMENTS CONDITIONAL USE PERMIT CITY OF LAUDERDALE APPLICANT: Real Estate Equities LEGAL DESCRIPTION: Exhibit A PID: 172923330001 ZONING: PUD ADDRESS: 1795 Eustis Street Lauderdale, MN DATE: February XX, 2020 This is a Conditional Use Permit to allow for the redevelopment, construction, operation and management of a Senior Apartment project (Project) as shown on the Applicant's Architectural and Civil Plan Sets dated October 30, 2020 and within the narrative dated November 6, 2020, which shall be incorporated by reference herein. Any expansion, intensification of operations, or substantive changes from the referenced documents, shall require an amendment to this Conditional Use Permit. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council, City of Lauderdale, Ramsey County, Minnesota, and applicable ordinances, statutes, or other laws in force within the City: General Requirements 1. This Permit shall be recorded against the subject property within 30 -days of its execution. 2. This Permit shall not be executed until the Applicant, Real Estate Equities, is the fee title owner of the real estate described herein. 3. This subject Project shall be used for age -restricted senior apartment housing for individuals and families that are aged 55 -years or older. Any change to the permitted use shall require an amendment to this permit. Use and operations shall be consistent with the Applicant's narrative, identified as Exhibit B of this Permit. 4. The Applicant shall enter into a Development Agreement prior to execution of this Permit. 5. It shall be the responsibility of the Applicant to obtain all necessary permits from Ramsey County, MPCA, Rice Creek Watershed District, or any other agency having jurisdiction over the subject project use. ATTACHMENT B 6. All escrow amounts shall be brought up to -date prior to execution of this Permit, and all escrow amounts shall be kept current. 7. Any violation of the conditions of this Permit may result in the revocation of said Permit. Construction and Site Development Activities 8. The building shall be constructed consistent with the Architectural Plan Set dated October 30, 2020. Such plans may require minor updates as recommended by the City's Building Official. Any substantive changes, such as, but not limited to, change of materials, elevation heights, window placement, etc., shall require review and approval of the changes from the City Council. 9. The City Engineer shall review and approve the Civil Site Plan set. The Applicant shall comply with all requirements and recommendations of the City Engineer and submit a revised Civil Site Plan set as required. The final approved Plan Set shall be incorporated by reference herein. 10. The Applicant is responsible for obtaining all necessary permits from the City, Ramsey County, and the MPCA for demolition of the existing school building on site. Such activities shall be coordinated with the City, and the Applicant is required to ensure all environmental protocols are adhered to as part of the demolition process. 11. The Applicant shall follow all site development and construction plans as provided in the Development Agreement. 12. The Applicant shall obtain a Building Permit prior to the commencement of any site work. Operations and Site Management 13. Site management, including trash removal and snow removal, shall be conducted as detailed in Exhibit C of this Permit. 14. The Applicant shall be responsible for managing resident and visitor parking onsite to the extent possible. Parking shall be managed consistent with the details provided in Exhibit C of this Permit, denoted as Parking Plan. 15. The Applicant shall provide a perpetual public ingress and egress easement that connects Eustis Street to the existing alleyway which runs north -south and parallel to Eustis Street. Such easement document shall be reviewed and approved by the City Attorney. 16. The Applicant shall provide a 2 -year landscape guarantee that shall cover all plantings as denoted on Sheet L 1-1 of the Civil Site Plan set. 17. The plantings along the southerly property line are intended to provide a buffer between the Project and adjacent single-family uses. Such plantings shall be maintained in good health into perpetuity. If any tree dies, or become diseased, such trees shall be replaced in-kind to maintain the buffer. 18. The Cedar board -on -board fence along the southerly property is intended to provide a buffer between the Project and adjacent single-family uses. The fence shall be maintained and kept in good repair into perpetuity to ensure an adequate buffer is maintained. 19. All operations onsite shall meet the MPCA's noise standards and regulations. ATTACHMENT B IN WITNESS WHEREOF, the parties have executed this agreement and acknowledge their acceptance of the above conditions. Date: Date: Date: Date: State of Minnesota County of Ramsey )ss. CITY OF LAUDERDALE: Mary Gaasch, Mayor Heather Butkowski, City Administrator -Clerk APPLICANT/OWNER: Real Estate Equities By: Its: Heather Butkowski, City Administrator -Clerk On this day of , 2020, before me, a Notary Public, personally appeared _ the Owner who acknowledged that said instrument was authorized and executed on behalf of said Applicant. Notary Public ATTACHMENT B EXHIBIT A ATTACHMENT B EXHIBIT B III REAL ESTATE EQUITIES CUP Application Lauderdale, MN Description of Partnership Real Estate Equities is a full-service real estate firm based in the Twin Cities with a primary focus on multifamily real estate investments. The company was founded by Terry Troy and Bob Bisanz in 1972 with a vision of providing quality rental housing and ownership opportunities that improve communities and provide strong economic returns for their investors. We have been the developer and managing partner in more than 70 projects in excess of 10,000 housing units with projects spanning from Minnesota, Wisconsin, Ohio, Missouri, South Dakota as well as Indiana. Today, our real estate portfolio consists of approximately 4,309 housing units that range from artist lofts, luxury apartments, traditional apartments, affordable apartments and senior (affordable) apartments. Currently we have a regional portfolio with properties located in Minnesota, Wisconsin and Indiana. Real Estate Equities Management, LLC has experience in all facets of property management including: Marketing and Lease -up of new and renovated product; Financial Reporting and Controls including exceptional Compliance Administration and Reporting; Resident Relations and Communication programs; Plant Operations including maintenance, housekeeping and repairs; Safety, Security and Emergency Planning; Management of Major Capital Improvement Projects and Restoration of property after fire/water/wind damage; and, management of small scale Commercial Space. ATTACHMENT B EXHIBIT B Narrative of Project The site in Lauderdale is located at 1795 Eustis Street. The parcel is a 1.69 acre site that is well positioned for multifamily with its visibility to downtown Minneapolis, as well as, easy access to two major arteries in the state of Minnesota, such as Highway 94 & Highway 280. The proposed project will consist of 114 senior affordable housing units consisting of both one and two-bedroom units. The proposed use of the project is senior housing, in which the target market will be independent senior citizens residing within and outside of the city of Lauderdale. Escalating rent levels throughout the Twin Cities continues to force Minnesotan seniors into less desirable and lower quality housing options which in turn pushes the demand for this housing need in the City of Lauderdale. The proposed project will offer housing units at rent levels affordable to residents whose income doesn't exceed 60% of the area median income providing, 15-20% savings to tenants in comparison to other new market rate properties in the Lauderdale area. Additionally, the tenants will have access to several high-quality amenities that include a community room with outdoor patio, fire pit, fitness center, and underground parking. With these savings, amenities, and new landscaping providing connections to the surrounding community this housing project is a $27,000,000 investment that the City of Lauderdale and its residents can be proud of. These apartments will be affordable to persons at or below 60% of the area median income (AMI). ATTACHMENT B EXHIBIT B Rent Structure: Unit Type Set Aside SF Gross Rent Utility Allowance Net Rent 1 Bed/1 Bath FMR 779 $971 $78 $893 1 Bed/1 Bath 60% 779 $1,164 $78 $1,086 2 Bed/2 Bath 60% 1,140 $1,396 $95 $1,301 • Residents can also pay $75 for parking stalls as well as an additional $25 for storage. Project Highlights/Amenities: Unit Finishes/Amenities: In Unit washer/dryer, solid surface countertops, 9 ft ceilings, full stainless-steel appliance package, low -flow fixtures/LED lighting, High Efficiency HVAC. Building Amenities: Full on-site management team, secure entrance with Luxor package storage system, community room, rooftop patio, fitness center, office/conference room, underground parking. Exterior Materials: Masonry, Energy Star Windows, Concrete Fibor Board, Wood Look CFB, Metal Panel Accents. Project Demand: • Marquette Advisors Report projects 1,414 additional affordable housing units needed by 2020 in Minneapolis/St. Paul submarket. • Vacancy rate in Lauderdale is 5.9%. • Market research indicates that Lauderdale and surrounding Saint Paul areas have notable production shortfalls of affordable senior housing units. Parking Data: • West Saint Paul Development (The Winslow) o Price: $65.00 • Dominium Senior Property (The Legends at Silver Lake) o Price: $80.00 • Dominium Senior Property (The Legends of Columbia Heights) o Price: $75.00 ATTACHMENT B EXHIBIT B Development Team Officers/Shareholders/Partners Q William Bisanz n Terry Troy 3]. Bob Bisanz Al Alex Bisanz 51 Patrick Ostrom Project Contact Information Developer: Patrick Ostrom Real Estate Equities 579 Selby Ave Saint Paul, MN 55102 (651) 389-3866 postrom@reeapartments.com Borrower's Legal Counsel: Jeffrey Drennan Winthrop & Weinstine, P.A. 225 South Sixth Street Capella Tower, Ste 3500 Minneapolis, MN 55402 (612) 604-6730 jdrennan@winthrop.com Bond Underwriter: Craig Theis Dougherty & Company LLC 90 South 7th Street, Suite 4300 Minneapolis, MN 55402 (612) 376-4135 Craig.theis@doughertymarkets.com Tax Credit Bridge Loan Lender: Craig Theis Dougherty & Company LLC 90 South 7th Street, Suite 4300 Minneapolis, MN 55402 (612) 376-4135 Craig.theis@doughertymarkets.com ATTACHMENT B EXHIBIT B Architect: Petro N. Megits Kaas Wilson Architects 1301 American Blvd. E, Suite 100 Bloomington, MN 55425 (612) 223-7957 petrom@kaaswilson.com Accountant: Mahoney Ulbrich Christiansen Russ P.A. Craig A. Mulcahy 10 River Park Plaza, Suite 800 Saint Paul, MN 55107 (651) 281-1852 cmulcahy@mucr.com ATTACHMENT B EXHIBIT B Development Plan The table below identifies the key milestones dates and duration associated with each key stage of the updated development plan. 111 Milestone Date Complete PUD Final Approval Submittal 10/30/2020 Public Hearing to consider Alley ROW Vacation Submittal 10/23/2020 Approval of Rezoning Submittal 10/30/2020 Approval of Development Agreement Submittal 10/23/2020 Vacation of Alleyway City Council Action 12/8/2020 CUP 12/8/2020 Final PUD Rezoning City Council Action 12/8/2020 Construction Documents Completed 4/15/2021 Building Permit Application 5/1/2021 Finalize Underwriting 3/1/2021 Close 6/1/2021 Construction Start 6/1/2021 ATTACHMENT B EXHIBIT C 111 REAL ESTATE EQUITIES Attachment B: OPERATIONS MANAGEMENT PLAN (OMP) and PARKING PLAN Property Location: 1795 Eustis Street, Lauderdale, MN Project Name: Eustis Senior Apartments Project Owner: Real Estate Equities (REE) After the Certificate of Occupancy (CO) has been issued for the subject Project, the following Operations Management Plan (OMP) shall be followed. This OMP shall govern the activities on the site for as long as the site is used for the Eustis Senior Apartments. Snow Removal • REE currently has five (5) snow removal vendors. The Eustis Senior Apartments will have a two-inch (2") snowfall event trigger. If an event accumulates two inches, or greater, the contractor will move/clear the snow. • The Eustis Senior Apartments will be provided with at least one snowblower and salt spreader to keep walks and drive lanes clear. • Each year REE snow removal vendors are contacted for a monthly fee from 11/01 to 03/31. Any two-inch snowfall event which occurs outside of that time frame is billed on a time and materials structure and REE shall ensure proper snow clearing is performed • If snow accumulation exceeds the amount of snow that can be stored on-site, then the snow will be removed from the Eustis Senior Apartments site. Such removal shall be at the cost of REE. • Any city owned sidewalks, but on the Eustis Senior Apartments site, shall be cleared as part of the snow removal contract and all clearing shall be performed in accordance with the local ordinances. Trash Removal • REE has multiple trash and recycling vendors and will contact the appropriate vendor based upon either the authority having local jurisdiction or upon existing vendors. All trash and recycling contracts shall be executed in accordance with local ordinances. • Trash and recycling frequency are determined by the anticipated cubic load of the Eustis Senior Apartments. At a minimum, collection will occur on two days per week., Depending on actual cubic loads, collection may occur on three days per week collection schedules. The timing of collection is based upon the contracted hauler's routing of their assets. • Trash collection times on collection days vary but are generally within the 8:00 a.m. to 5:00 p.m. routine workday. All containers will be secured or removed within the normal working hours. • Multiple five (5) cubic yard waste and recycling containers will be provided to the Eustis Senior Apartments. The Eustis Senior Apartments include a trash chute, and the trash containers will be stored in the garage during non -collection times. Trash containers will be moved to an outside collection point on the day of collection by the Eustis Senior Apartments staff. (651) 389-3800 579 Selby Ave Saint Paul, MN 55102 REEapartments.com ATTACHMENT B EXHIBIT C • Containers that are moved from trash rooms / garages on collection day will be replaced into the trash room after the collection on the same day of collection by the Eustis Senior Apartments staff. • Parking lot or surface containers will have the same five (5) -cubic yard sizing as the garage / trash room containers. Specifications for the quantities are based upon the anticipated cubic load per community. • Parking lot or surface containers are placed into secure enclosures on a surface parking lot and the debris from containers are removed by community staff daily as part of the grounds keeping duties and responsibilities. Parking Plan • All residents must register their vehicles and are issued a parking permit for the Eustis Senior Apartments parking garage or surface lot. Registration and permitting allows staff to determine which vehicles are authorized to park on REE owned surface lots or garage parking stalls. • REE will strongly encourage all residents and visitors to use the provided off-street parking locations including the underground parking garage • REE will monitor the use of the paid parking stalls, and it shall remain a priority to ensure residents, to the greatest extent possible, rent and use the off-street parking onsite. • REE may or may not designate specific resident surface or garage parking stalls as part of the parking plan. • REE will make reasonable accommodations to residents who request specific parking / garage stalls. • REE will maintain the appropriate number of handicapped or van accessible surface lot or garage parking stalls in accordance ADA or local ordinances. • REE will work collaboratively with the City on any reasonable concerns regarding on -street parking of residents from the Eustis Senior Apartments. REE and the City agree collectively that it is preferrable for residents of the Eustis Senior Apartments use the underground garage and both parties agree to modify this Parking Plan as necessary to achieve that objective. 18.090 -Unit MIX 0y lype 9 - • Tu N w03s.= CO 9' Real Estate Equities 5 e -09C -Total Gross Area 5 F y J 1 S 18-094 -Parking Schedule 1 Fe g w00 15 51153 0 nm- ov 1 5 0g X52 Atl W5nW564+A1n!AS.5.35zH5W 1 -85W 14•,•5'553! 8 H rrososoaacomol I ux•niHeW aI z 5 ^5555 55555 55555 =5 '� ?� 1 3 f 4 < 85-8 58.8 F "g 8 g yeey 11111 a qp �f' 11 i ig 1 RR -n RR RR Aga RR - 7 •22 1 5 X53555 155555 5s - I53 5 5 e -09C -Total Gross Area 5 F y J 1 S 18-094 -Parking Schedule 1 Fe g w00 15 51153 0 nm- ov 1 5 0g X52 Atl W5nW564+A1n!AS.5.35zH5W 1 -85W 14•,•5'553! 8 H rrososoaacomol I ux•niHeW aI Real Estate Equities L. nv 1 WPaP YAAL1194.T3E1N91p811F.1 WU7I r'0 caro rre so soacaeAFAI 1 .4,st Nuuarko I Real Estate Equities 1 o +0a qre 1S 00.3 • 15 waile.Y W0u13-S\6+.09 09,9 070393L110 13303-0390300 MAGI 9 E L J saww r reoomowwcoiI wsoasmiwatol 9 Real Estate Equities 6 6 MM ...*!Y•4 'ql' d wPaP YID: q1 s14393(11,Px9.1932rj108111.01WIA 0 1 ref 11 see oraOlt O spePAN xy yro O w � o cu U7 9 Real Estate Equities 0 N CO VIEW SOUTHWEST FROM SPRING ST. & EUSTIS ST. 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MAW132"4‘,1 a1 - 1JTA ° '4..,IPASocts„ k •'0 4 3111 HIE 1 3 111 1111 g 13 'd 13 11 :3 0 0 21 r I—I 8 L 4,-.11.,,a..S.V.N.T,I.M•le,1.713,1,11-,. LI .10. etr.li Attachment E REAL ESTATE EQUITIES October 30th, 2020 Ms. Jennifer Haskamp SHC LLC Final PUD: City of Lauderdale, Eustis Street Redevelopment Dear Ms. Haskamp, Site Security, et Al (Note — additional questions regarding construction are added to this section) • Is it possible to allow residents to use the existing "alleyway" east -west temporarily until the new drive is available to Eustis Street. This requires the fence to be moved to the north size of the alley until the new drive is available. These two plans should be coordinated. Please update the drawing for the submittal. o Schoeppner Inc Response- The construction fence will be located such that the "alleyway" can be utilized by the public. • How tall is the security fencing? o Schoeppner Inc Response- 6'-0" tall chain link security fence • Will there be "screening" on the fencing — oftentimes the fencing includes visual screening, so that the construction activities are not visible, is this the case? We are concerned about safety, so your suggestions/feedback are requested. o Schoeppner Inc Response- If screening is a requirement it will be provided. • Please provide some details regarding Security Night Lighting — will it be visible from neighbors, around the perimeter, down cast, etc. o Schoeppner Inc Response- Temp lighting is provided inside the building 24 hours a day and a small night light is left on at the job trailer. Lighting will not be case off the site. • Parking — where will construction workers park? It is assumed that Spring & Malvern at 1795 will be enough, is that a fair assumption? What about parking of any equipment/etc.? o Schoeppner Inc Response- Delivery vehicles, storage containers and equipment will be parked within the site boundaries (within the security fence). Automobile parking for workers will be street parking along Spring and Malvern Streets. • Circulation and Haul Routes — can you provide an overview? o Schoeppner Inc Response- Final Haul Routes will be coordinated with the City's Traffic Engineer but assumed that most delivery traffic would come from Hwy 280 to Larpenteur Ave to Eustis Street. • Do you have a plan for dust control? Street washing to minimize dust/dirt on roadways especially during early construction? o Schoeppner Inc Response- Crushed rock tracking pads will be installed at the site exit locations. Roads will be scraped/swept on a consistent basis when trucks/vehicles leave the site. Storm inlets will be protected with filter fabric/bail logs. These items are all requirements of our NPDES permit. Watering will be utilized during demolition when necessary. (651) 389-3800 579 Selby Ave Saint Paul, MN 55102 REEapartments.com Attachment E • Vibration — neighbors are concerned about the potential damage to foundations, etc., due to the construction. Do you have any guidance you could provide from previous projects where you may have addressed this type of concern? How do you address/mitigate/etc., this if damage does occur? o Schoeppner Inc Response-. Demolition of the existing building will be completed with track hoes and small hydraulic hammers and no pylon footings are currently known to be required. Therefore, there will be no activities that will create a vibration level which will cause issues with surrounding properties. Sincerely, Patrick Ostrom Managing Development Partner Real Estate Equities Other Security Measures: 1795 Eustis Senior Hou • Security Cameras Throughout Jobsite •Construction Security Night Lighting c O V t_ L O U a) au � v ca c . Ne ,02 O c J W s susn3 S NH3ANM Chainlink Security Fencing ATTACHMENT F EASEMENT VACATION October 29, 2020 A perpetual easement for public right-of-way, landscaping and other purposes over, under, across and through the South 22.5 feet of Lot 23, Block 10, Lauderdale's East Side Addition to Minneapolis. EASEMENT VACATION ATTACHMENT F October 29, 2020 O W O Tts -o s-0 O 0 O c • U C • CO N C a J 4- >; 0 0 O t• IT N 'L t U -0 12 Ib O • L b O Z15.- -o 73 < Q easement for SCALE IN FEET Fall b' [o0 081 OZ 09 3„9c,04 -00S , ,k ; - N1 0 I----9'ZZ--- J 14.1 J c -1- J �----9'ZZ-- 95'9l£' M„045Z,0N .79949 UJ A/g/N o N c E c o c o • m E .5 3 m Y (4v CL O au 0 c ?)- 2 J C m N O. c � J Z 3, VI -n N s s ro 4' L ▪ ro V c O n . N � N N S g - O N O 0 e No. 48988 _J DVA HX3-bb98LS\sel!3leeLIS 6Mp \h3ANf1S\Viva CCVD\VV98L\8602\:M INGRESS & EGRESS EASEMENT ATTACHMENT F October 28, 2020 (6 c• a) -c_J o - 5, J • O O o N 11 C �. 0 a)v oQ o C Oi o >, O L ▪ a) cG 2 O O LO a) :g C cr >, y D J N 4— C O O O O (6 _ O C 4) w • Z o Z 4 O o ri a) u, O 3~0o z • a) c > a) F. '' O c O , -c E >, am( i 3 o m x a Q a) `mW a a] 1) a) o (nn > w _c L J • a ▪ O O 4-- J +--. .0 O < CO 5 Q o a) t• x W O 2 0 0 - C G J .0 03 0.3 -J .§ 7 o O J O , -t "6 ✓ O o O H Fro I- o of 2 Sheets ID s Loucks Project No. 18644 0 DVA HX3-tib98 LS\sol!d 4 °YS 6nnp \,k ANf1S\V1`da aaVD\bb98 L\8 LO\VM (72aaaiS )100 01Y) 4aaais sfsn3 [ 'g'BFZJ LL '6FZ 3,,! S, 5Fo os I I I I�osJ o'9l— \k/(0K p O •C_— O' k . a) k J I 1 1 0 In \\ —1 p p L .11 '1 ° I \\ ,rI (rL c ZS. 1 �/ /rte J I \\\� 1 1-._. i ` ` / / W F /t leW i 4,0(43 W � 1 1 1 c, o W10 01 `1 J c 4 00 cid ON hl WCt KJ Z c) � - , to �`\ / ? I J 7 p I 1. „r▪ ) O r--\ ▪ s. � 15 L.J. j --.1 •-.15 ....j r— oti e --p L. .ep p o W H-06—'-1'\\ ,I, 1 0 4, _ _ Vi \ �\1 3p \I I �„ �u`c I \ 1 •\ 1 3 �i L _ 1 I 1 • 1 I \ T \\ 0 1 1 1_ / ' /\ Y\ A / 1 \l 1 1 1/ I .l Al / / I V _1_ J I SCALE IN FEET O� y i 00 Uz U N 03 O J ■ i O -O N c E c 01 o a S 3 16 `O w in E fl 3 vco c m CL a° 3 v o 7:3v� C O J m N a c 2 T 3 N 10 m m s m r U C O v Z ' W fl - 3 OVA HX3-17b98 LS\Sel!3 1°°L -1S 6MP \A3h21a1S\V1Va G V \171998 L\8 LOZ\:M LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date November 10, 2020 ITEM NUMBER 2020 CARES Fund Expenses STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: City staff are working with local partners to allocate our $181,419 in CARES Act funds. We are required to report monthly expenses to the Minnesota Management and Budget (MMB), and all funds must be expended by November 15, 2020. Staff totaled costs attributable to October and reported them to MMB last week. That amount totaled $9,743.40 to acquire equipment for teleconferencing city council meetings, staffing costs, and PPE. To date, staff reported $30,196 in expenses to MMB leaving $151,223 unspent. For November, staff will report costs for a new website and the small- business grant program leaving $127,202.82 to be allocated to public safety costs. All of those figures are represented on the following resolution. The City's auditor is reviewing. If any changes need to be made, staff will send an updated resolution next week. OPTIONS: By approving the resolution, the Council acknowledges how the funds were spent to date. STAFF RECOMMENDATION: Motion to adopt Resolution No. 11100C—Approving Allocations of the City of Lauder- dale's CARES Act Funds. RESOLUTION NO. 111020C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING ALLOCATIONS OF THE CITY OF LAUDERDALE'S CARES ACT FUNDS WHEREAS, the spread of COVID-19 in the United States and Minnesota has raised serious public health concerns and resulted in a great deal of uncertainty, and much remains unknown about the virus and how it spreads; and WHEREAS, On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20- 01 declaring a state of peacetime emergency to address the COVID-19 pandemic in Minnesota, which triggered activation of the emergency management plan of the City and enabled the City to exercise its emergency powers; and WHEREAS, The Governor has subsequently issued additional Executive Orders to combat the impacts of COVID-19 within the State of Minnesota, which include closures of schools, bars, restaurants, and other places of public accommodation, and directing Minnesotans to stay at home (with exceptions for obtaining necessary supplies, healthcare and similar needs) unless they are engaged in critical sector work; and WHEREAS, On March 24, 2020, the City Council adopted Resolution No. 032420A, declaring a local emergency and directing City staff to take appropriate action to facilitate the directives of the Council and authorizing City staff to take actions deemed necessary to protect the public health and safety; and WHEREAS, the City has received Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") funds totaling $181,419 from the State of Minnesota; and WHEREAS, CARES Act funds may be used to cover eligible expenses incurred by local governments and its partners in responding to the COVID-19 health pandemic; and WHEREAS, the City Council is prepared to authorize and report the following allocations to support these described purposes. NOW, THEREFORE BE IT RESOLVED by the Lauderdale City Council that the City reported from the start of the pandemic through August 31, 2020, $13,906.28 in eligible expenses associated with the City's response to the public health crisis, including acquisition of personal protective equipment, sanitizing products, expenses to facilitate or improve teleworking capabilities, legal fees, personnel and administrative costs, and expenses for the teleconference of city council meetings. NOW, THEREFORE BE IT RESOLVED by the Lauderdale City Council that the City reported for September 2020, $6,546.68 in eligible expenses associated with the City's response to the public health crisis, including personnel and administrative costs, expenses to facilitate or improve teleworking capabilities, expenses for the teleconference of city council meetings, and supplies to protect public health. NOW, THEREFORE BE IT RESOLVED by the Lauderdale City Council that the City reported for October 2020, $9,743.40 in eligible expenses associated with the City's response to the public health crisis, including personnel and administrative costs, expenses to facilitate or improve teleworking capabilities, and sanitizing products. NOW, THEREFORE BE IT RESOLVED by the Lauderdale City Council that the City reported for November 2020, $151,222.64 in eligible expenses associated with the City's response to the public health crisis, including administrative costs, expenses to facilitate or improve teleworking capabilities, a small business grant program, and public safety. ADOPTED by the City Council of Lauderdale this 10th, day of November, 2020. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Clerk -Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date November 10, 2020 ITEM NUMBER 2021 Fund Budgets STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff will update the CIP and fund budgets early next week for discussion during the council meeting. The election took up too much time over the last few weeks. We are glad to have that behind so we can work on other items. OPTIONS: STAFF RECOMMENDATION: