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Home My WebLink About07/13/2021LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, JULY 13, 2021 Due to the coronavirus, the city council is holding meetings by teleconference. The public may view the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https ://www. ctvnorthsuburbs . org/your-city/lauderdale/. The public may join the meeting using the login instructions at the end of the agenda. 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 June 22, 2021 City Council Meeting c. Claims Totaling $97,989.74 4. CONSENT a. Performance Agreement with Lazy Does It Band b. Community Park Use Application 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. July 29 Community Event b. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Roberts Rules of Order and the standing rules of order and business of the City Council. a. Variance Applications for House Addition at 1747 Malvern Street b. Variance Application for Garage Extension at 1806 Walnut Street c. Proposed Ordinance No. 21-05 Regarding Adoption of State Fire Code d. Annual SWPPP Public Hearing 8. DISCUSSION / ACTION ITEM a. End of Local Emergency Declaration b. NineNorth Contract Renewal c. Petition and Waiver Agreement for Diseased Tree Removal at 1736 Malvern Street 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. June Financial Report b. Resolution Regarding Local Emergency Declaration c. Tara Jebens-Singh from Northwest Youth and Family Services d. Representatives from Mn/DOT regarding TH280 Speed Study and Proposed Lane Closure e. American Rescue Plan (ARP) Guidance 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT Meeting Login Instructions: You are invited to a Zoom webinar. When: Jul 13, 2021 07:00 PM Central Time (US and Canada) Topic: July 13, 2021 City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/82929249681 ?pwd=bWoyNO 1 vMzhTNis5V05YMUE2QXdsUTO9 Passcode: 456702 Or One tap mobile : US: +13017158592„82929249681# or +13126266799„82929249681# Or Telephone: Dial(for higher quality, dial a number based on your current location) : US: +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 829 2924 9681 International numbers available: https://us02web.zoom.us/u/keayRVN1RD LAUDF,RDALE CITY COUNCIL MH;FTING MINUTI-? S HELD REMOTI-,LY VIA TELhCONTERENCIi, Page 1 of 3 June 22, 2021 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:03 p.m. Roll Call Councilors present: Jeff Dains, Andi Moffatt, Duane Pulford, and Mayor Mary Gaasch. Councilor absent: Roxanne Grove 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 June 8, 2021 city council meeting minutes. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the minutes of the June 8, 2021 city council meeting. Motion carried by majority on a roll call vote. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor D ains moved and seconded by Councilor Moffatt to approve the claims totaling $112,645.37. Motion carried unanimously on a roll call vote. Consent Councilor Moffatt moved and seconded by Councilor Pulford to approve the Consent Agenda thereby acknowledging the May financial report and approving the temporary on -sale liquor license application for the July community event. Informational Presentations/Reports A. June 24 Community hvent Highlighting Public Safety Partners B ownik stated that the first summer event will take place on Thursday, June 24 at the Lauderdale Community Park from 6-8 p.m. The City invited our public safety community including the St. Anthony Pohce Department, the St. Paul Fire Department, the Ramsey County Sheriff's water patrol and K-9 teams, Ramsey County hmergency Management, the 911 Communications Center, and the CRRT team from Falcon Heights. Additionally, there will be music and refreshments. B . City Council Updates Mayor Gaasch shared that the Ramsey County League of Local Governments Board created a task force to support mental health. They are having a panel discussion on July 9 to hear from people and their families who have been directly affected by mental health issues. Gaasch also noted that she will attend the League of Minnesota Cities annual conference this week. LAUDI-h,RDALF, CITY COUNCIL MEETING MINUTFi,S HELD REMOTFi,LY VIA TFi,LECONFF4,RENCE Page 2 of 3 June 22, 2021 Discussion/Action Item A. Insurance Renewal Information and Tort Liability Waiver Form The City's insurance policies run from August to August. Annually, staff prepare the renewal information with our insurance agent. This includes updating data on physical improvements/ purchases and staffing costs. The League of Minnesota Cities Insurance Trust (LMCIT) hires appraisers to value structures like city halls, libraries, and community centers. Butkowski mentioned a recent medial report highlighted questions about LMCIT's liability coverage regarding police departments. As a City coveted by a police contract, the liability coverage is provided and paid for by St. Anthony. Of importance to the City are the liability limits. Annually, the City Council must determine whether or not to waive the municipal tort liability limits established by statute. The City has not waived them in the past as it opens the City to greater financial liability. Staff recommends maintaining that practice. Councilor Pulford made a motion authorizing staff to remit the Liability Coverage Waiver Form to LMCIT as presented, indicating the City does not waive the monetary limits on municipal tort liability established by MS 466.04. This was seconded by Councilor Dains and carried unanimously on a roll call vote. Set Agenda for Next Meeting The July 13 council meeting may include the annual SWPPP public hearing, variance applications, American Rescue Plan (ARP) guidance, an amendment to the fire code ordinance, and the NineNorth conti act renewal. Work Session A. Community Development Update Butkowski stated that staff is preparing for the first summer community event in the park this Thursday, while also pieparing for the next event in July. Staff also is working on rental housing license renewals finalizing details for the seal coating project, putting together the third quarter newsletter, and the RFP for hiring the new building official. B Opportunity for the Public to Address the City Council Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council. Mark Peterson, 1816 Eustis Stieet, asked what the response times were for St. Paul Fire and whether they would be affected by the State Fair. Josh Dirksen, 1815 Lake Street, thanked Councilor Moffatt for responding to public concerns over the SWAT team attending the public safety event. LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 3 of 3 June 22, 2021 Adjournment Councilor Dains moved and seconded by Councilor Moffatt to adjourn the meeting at 7:38 p.m. Motion carried unanimously on a roll call vote. Respectfully submitted, atxte., three Miles Cline Deputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAx Request for Council Action Mayor and City Council City Administrator July 13, 2021 List of Claims The claims totaling $97,989.74 are provided for City Council review and approval that includes check numbers 27506 to 27528. Accounts Payable Checks by Date -Detail by Check Date User: Printed: MILES.CLINE 7/19/2021 3:16 PM Check No Vendor No Vendor Name Invoice No Description ACH 34 AFSCME MN Council 5 PR Batch 51300.06.2021 Union Dues ACH 43 ACH 44 ACH 45 ACH 46 ACH 44 062021 ACH 43 ACH 44 ACH 45 Check Date Reference 06/25/2021 PR Batch 51300.06.2021 Uni( Total for this ACH Check for Vendor 34: Public Employees Retirement Association PR Batch 51300.06.2021 PERA Coordinated PR Batch 51300.06.2021 PERA Coordinated 06/25/2021 PR Batch 51300.06.2021 PER PR Batch 51300.06.2021 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 51300.06.2021 State Income Tax 06/25/2021 PR Batch 51300.06.2021 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51300.06.2021 Deferred Comp PR Batch 51300.06.2021 Deferred Comp 06/25/2021 PR Batch 51300.06.2021 Def( PR Batch 51300.06.2021 Dell Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51300.06.2021 FICA Employee Portio PR Batch 51300.06.2021 Federal Income Tax PR Batch 51300.06.2021 FICA Employer Portio: PR Batch 51300.06.2021 Medicare Employer Po PR Batch 51300.06.2021 Medicare Employee Pc 06/25/2021 PR Batch 51300.06.2021 FIC. PR Batch 51300.06.2021 Fed( PR Batch 51300.06.2021 FIC. PR Batch 51300.06.2021 Mee PR Batch 51300.06.2021 Mee Total for this ACH Check for Vendor 46: Minnesota Department of Revenue 06/25/2021 MMB Housing Tax Credit Application Total for this ACH Check for Vendor 44: Total for 6/25/2021: Public Employees Retirement Association PR Batch 51400.07.2021 PERA Coordinated PR Batch 51400.07.2021 PERA Coordinated 07/09/2021 PR Batch 51400.07.2021 PER PR Batch 51400.07.2021 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 51400.07.2021 State Income Tax ICMA Retirement Corporation AP Checks by Date - Detail by Check Date (7/19/2021 3:16 PM) 07/09/2021 PR Batch 51400.07.2021 Stati Total for this ACH Check for Vendor 44: 07/09/2021 i Check Amount 214.24 214.24 1,056.10 1,218.58 2,274.68 706.41 706.41 1,795.31 1,227.66 3,022.97 1,198.00 1,745.53 1,198.00 280.19 280.19 4,701.91 292,280.00 292,280.00 303,200.21 1,062.07 1,225.46 2,287.53 712.25 712.25 Page 1 Check No Vendor No Invoice No ACH 46 ACH 47 27506 184 4088400911 4088400911 4088989959 4088989959 27507 36 0230173 27508 29 4088 27509 25 072021 RISK -002113 27510 342 072021 27511 61 1060529 27512 343 072021 Vendor Name Description PR Batch 51400.07.2021 Deferred Comp PR Batch 51400.07.2021 Deferred Comp Check Date Reference PR Batch 51400.07.2021 Def PR Batch 51400.07.2021 Defi Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51400.07.2021 Medicare Employee Pc PR Batch 51400.07.2021 Medicare Employer Po PR Batch 51400.07.2021 FICA Employer Portio: PR Batch 51400.07.2021 Federal Income Tax PR Batch 51400.07.2021 FICA Employee Portio 07/09/2021 PR Batch 51400.07.2021 Med PR Batch 51400.07.2021 Med PR Batch 51400.07.2021 FIC. PR Batch 51400.07.2021 Fed( PR Batch 51400.07.2021 FIC. Total for this ACH Check for Vendor 46: Public Employees Insurance Program PR Batch 51400.07.2021 Dental PR Batch 51400.07.2021 Health Insurance 07/09/2021 PR Batch 51400.07.2021 Den PR Batch 51400.07.2021 Hea. Total for this ACH Check for Vendor 47: Total for 7/9/2021: Cintas 07/13/2021 June Uniforms June Uniforms July Uniforms July Uniforms City of Roseville July IT Services City of St Anthony July Police Services County of Ramsey PR Batch 51300.06.2021 Short Term Disability PR Batch 51300.06.2021 Long Term Disability PR Batch 51300.06.2021 Life Insurance Recording Fee June Insurance Processing Fee Kent Crowley Rental Inspection Reimbursement Gopher State One Call June 2021 Locates Jeff Hennes Rental Inspection Reimbursement AP Checks by Date - Detail by Check Date (7/19/2021 3:16 PM) Total for Check Number 27506: 07/13/2021 Total for Check Number 27507: 07/13/2021 Total for Check Number 27508: 07/13/2021 PR Batch 51300.06.2021 Shoi PR Batch 51300.06.2021 Lon; PR Batch 51300.06.2021 Life Total for Check Number 27509: 07/13/2021 Total for Check Number 27510: 07/13/2021 Total for Check Number 27511: 07/13/2021 Check Amount 1,103.88 1,795.31 2,899.19 259.78 259.78 1,110.77 1,655.83 1,110.77 4,396.93 120.48 2,429.66 2,550.14 12,846.04 6.03 6.04 18.30 18.30 48.67 1,633.15 1,633.15 64,434.83 64,434.83 68.55 100.21 295.06 46.00 25.00 534.82 40.00 40.00 14.85 14.85 80.00 Page 2 Check No Vendor No Invoice No 27513 82 072021 27514 254 072021 Vendor Name Description 27515 79 JUNE1230252021 27516 12 2021-104 2021-104 2021-104 27517 84 072021 072021 072021 072021 072021 072021 072021 072021 072021 072021 27518 344 072013 27519 268 072021 27520 258 072021 27521 4 S1001602 SI001602 27522 77 072021 Check Date Reference Home Depot Garage Repairs Valerie Matthews Rental Inspection Reimbursement Total for Check Number 27512: 07/13/2021 Total for Check Number 27513: 07/13/2021 Total for Check Number 27514: Minnesota Department of Labor & Industry 07/13/2021 2Q2021 Surcharge Report NineNorth April Virtual Meeting Charges April Virtual Meeting Production April Webstreaming & Archiving Total for Check Number 27515: 07/13/2021 Total for Check Number 27516: North Star Bank Cardmember Services 07/13/2021 Pioneer Press Subscription Certified Letters - USPS Fusion Learning Event - MG Community Event Signs - Fastsigns Lawn Mower Gas - Holiday Water Closet Repair Kit - Goodin Company Office Supplies - Office Depot Pioneer Press Subscription Vacuum Filter - Amazon Lawn Mower Gas - Holiday Rose Hill Investments LLP Rental Inspection Reimbursement John Sagstetter Rental Inspection Reimbursement Julian Taylor Rental Inspection Reimbursement Total for Check Number 27517: 07/13/2021 Total for Check Number 27518: 07/13/2021 Total for Check Number 27519: 07/13/2021 Total for Check Number 27520: The Neighborhood Recycling Company Inc 07/13/2021 June Multi -Family Recycling June Single Unit Dwelling United States Postal Service 3 Rolls of Stamps Total for Check Number 27521: 07/13/2021 Check Amount 80.00 10.38 10.38 40.00 40.00 96.10 96.10 65.00 346.00 271.50 682.50 10.00 17.10 69.00 1,269.01 21.65 34.83 10.58 10.00 16.00 21.50 1,479.67 200.00 200.00 40.00 40.00 480.00 480.00 405.03 2,917.39 3,322.42 165.00 AP Checks by Date - Detail by Check Date (7/19/2021 3:16 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 072021 27523 3 446679607 27524 7 2 Rolls of Stamps 110.00 Total for Check Number 27522: 275.00 US National Equipment Finance Inc 07/13/2021 Copier Contract 176.00 Total for Check Number 27523: 176.00 Waste Management Inc 07/13/2021 8885022-0500-6 August Public Works 91.45 27525 74 Xcel Energy 738045103 Larpenteur Bridge Lights 738058335 2430 Larpenteur Avenue W Total for Check Number 27524: 91.45 07/13/2021 29.63 14.02 Total for Check Number 27525: 43.65 27526 85 Len Yaeger 07/13/2021 072021 Day in the Park Music 500.00 27527 25 RISK -002113 27528 25 072021 County of Ramsey PR Batch 51300.06.2021 Life Insurance PR Batch 51300.06.2021 Short Term Disability PR Batch 51300.06.2021 Long Term Disability June Insurance Processing Fee County of Ramsey Recording Fee Total for Check Number 27526: 500.00 07/13/2021 295.06 68.55 100.21 25.00 Total for Check Number 27527: 488.82 07/13/2021 Total for Check Number 27528: Total for 7/13/2021: 46.00 46.00 74,758.31 Report Total (34 checks): 390,804.56 AP Checks by Date - Detail by Check Date (7/19/2021 3:16 PM) Page 4 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBER July Community Event STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff is asking the city council to consider approving the attached performance agreement with Lazy Does It for July music at a cost of $500. The July event is scheduled from 6-8 p.m. on Thursday, July 29. OPTIONS: Approve by adopting the consent agenda or remove for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the city council is approving the attached performance agreement with Lazy Does It. City of Lauderdale Performance Agreement Event: Environment, Health & Well -Being in the Park Date & Time: Thursday, July 29, 2021 from 6-8 p.m. Location: Lauderdale Community Park, 1885 Fulham Street Performance Time: 6-8 p.m. ARTIST or GROUP INFORMATION Artist or Group Name. Lazy Does It Artist/Group Leader: Len Yaeger Daytime Phone: 612-331-8530 Cell Phone: Email Address: yaege033(@umn.edu Website Address (if applicable): http://omelet.typepad.com/lazy does it # Chairs Needed: Electricity: yes Extension cord yes PAYMENT INFORMATION Performance Fee $500.00 Name & Address of Individual or Group for Payment of Fee: Len Yaeger 107 Orlin Ave SE Minneapolis, MN 55414 PERFORMANCE PROVISIONS 1) The Artist or Group is considered an independent contractor and is responsible for all appropriate insurance and income taxes. 2) The Artist or Group will supply their own sound system and the following items as needed: music stands, stage etc. 3) The City will provide chairs, electricity and an extension cord if needed. 4) Cancellation/Inclement Weathei Policy: • If the peifoimance is cancelled by the City before Noon the day of the performance, the City will pay 50% of the agreed performance fee as compensation. • If the performance is cancelled by the City after Noon the day of the performance, the City will pay 100% of the agreed performance fee as compensation. 5) Sale of piomotional merchandise is allowed at the concert site. 6) Payment Information: The City will make every effort to present payment to the Artist or Group the day of the performance, but may mail payment within 2 weeks after performance date. 7) Indemnification: The Artist or Group agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Artist or Group's performance or failure to perform its duties under this Agreement. Signature of Artist/Group Leader: Lever 1 eLe. r Date: 6/28/2021 Mary Gaasch, Mayor Date Heather Butkowski, City Administrator Date LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBER City Park Application STAFF INITIAL MC APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City received an application for use of the Community Park on Sunday, August 8 from 11:30 am to 5:00 pm. Since the group is larger than 50 people, per city ordinance, council approval is required. Wally Borner, Lauderdale resident, plans to organize the event on be- half of Rose Hill Alliance Church. The application is attached for your review. OPTIONS: A) Approve the request to use the park. B) Approve the request with conditions. STAFF RECOMMENDATION: By approving the application, the Council approves of the August 8 park use by Rose Hill Alliance Church. COUNCIL ACTION: City of Lauderdale 1891 Walnut Street • Lauderdale • Minnesota 55113 Phone: (651) 792-7650 Fax; ( I) 631-2066 J • Tl 111 C1 T T1 T T 1 T) T) T T er-4 J ren T /-TA T 1174 Ann T T (1 r cur f `1 !1 A .i T► /1 T T A Tr rlitZ 7 list 1 -fib T T APPLICANT INFORMATION: Name: J Ot-1( ir_ciscaar Name of Organization (if applicable): Date of Picnic Shelter Use: -A-ddr s : re fZjHours Used: C 1`J 0 fiv( v_Nianiber attending:(00 * Note: :.Groups .of 5O, or more must �. ouncil =approval Other park facilities may be reserved (circle an that apply) Bail Field / East or West Tennis Court / East or West. Basketball Court Hours Used: ed:Ho:ckey Rinit. (Suinn .er / 1"ce. Skattng Rink-.,(Wi enter How-& iJsed;. (Winter Skatina' Rinke rail nn_ly le recevverd frnm Q i (1 n rn when nnen clzatina end at 9 71 111 i BY SIGNING THIS APPLICATION, THE APPLICANT AGREES TO THE FOLLOWING: • The applicant will clean up .the area after the event has occurred.. Pleasebring your :own arbae bags and tike garbage tn4th you when you go. T11r t,gt-lj F r rune rn]v tint lin tterrl fru- gAttrit-f firm-tritit n#- tnrnriirtc frnnAC nrr cot -uteri -be nt- fnr tint-ennal itrn-nt 0' ine proposed event may not unreasonably interfere with me general putaiic use os the para or witty me sale and orderly movement of traffic on streets surrounding the park. • The applicant is aware of a parking lot on Roselawn Avenue which includes spaces for people with E isabilitiesA;:. • The applicant understands that the park Opens at 8 a.rn. and closes at 10 p.m. • aa.ap.• IL&1,tJ..d.1,..t.. a.Lt.I t VLlt L4J 4.& La`' ..! .r.. tot IL 1/44 1 t►LLli1 •lad %-taa' 1111 4.4.14,,lt : LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X_ Action X Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBE 1747 Malvern Lot Coverage Variance STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: See attached memo. OPTIONS: STAFF RECOMMENDATION: MEMO DATE• JULY 13, 2021 TO: MAYOR AND COUNCIL FROM: JIM BOWNIK RE VARIANCE APPLICATION FOR 1747 MALVERN STREET Applicant/Owner/Location: Jessica & Paul Winkelaar, 1747 Malvern St, Lauderdale, MN 55113 Proposal: The applicant's proposal is to construct an addition on the SW portion of the house that includes a bathroom and a mudroom with a closet and a pantry Zoning regulations allow up to 30% lot coverage of structures with a roof. The proposed improvements increase lot coverage to 31.8%. Thus, the applicant is requesting a 1.8% variance to the lot coverage requirements. P OLICIES AND PROCEDURES FOR VARIANCE APPROVAL In reviewing this variance request, the Council should consider the Zoning Ordinance requirements as well as relevant State Statutes. These requirements are outlined on the attached Variance Checklist. Here is the general order of procedure. 1) Staff presentation. • Apply the Practical Difficulties Test 3) Public Hearing. 4) Approve or deny the variance, adding any conditions as necessary. PRACTICAL DIFFICULTY TEST The municipal variance standard requires the City to apply a three -factor test for "practical difficulties" consisting of (1) reasonableness, (2) uniqueness, and (3) essential character. A variance should be granted if strict enforcement of the municipal variance standard as applied to a particular piece of property would cause the landowner a "practical difficulty." The landowner is generally entitled to the variance if and only if the applicant meets the statutory three -factor test for practical difficulty If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. E STABLISHING THE FINDINGS OF FACT (Based on Answers to Questions on the Variance Checklist) The applicant has described the proposed project and why a variance is requested in the attached letter and provided answers to the questions in the Variance Checklist: A) How does the proposal put your property to use in a reasonable manner? B) What are the unique circumstances to the property not created by the landowner? C) How will a variance, if granted, not alter the essential character of the locality? D ) How is granting of a variance in harmony with the purposes and intent of the Zoning Ordinance? E) How are the terms of a variance consistent with the Comprehensive Plan? STAFF REVIEW This variance request is similar to the 3.4% lot coverage vanance granted at 1763 Malvern in January. In that case, a new house with porches was being constructed on a 40' lot with a larger existing garage. One of the benefits of the proposed addition is functionality, which provides the opportunity for residents to age in place; keeping them in the community. It also helps preserve a part of Lauderdale history due to the age of the house. ENCLOSURES A) Variance application, site plan, and variance checklist. PUBLIC HEARING Adjacent property owners received notice of tonight's public hearing. STAFF RECOMMENDATION 1) Motion to direct staff to prepare a resolution of approval for the lot coverage variance request at 1747 Malvern Street for the next meeting. Ott' of £aucteutdc LAND USE APPLICATION Fee Escrow Type of Request S100 5150 S200 $500 $500 5500 0 Lot Consolidation/Division $ 0 S 0 Stwo S1,000 51,000 MAIN 651:792-7650 Date: (°,J6j20N cLe eyeel "2 Description of Request Variance G+ct*to h Conditional Use Zoning Amendment Subdivision PUD Applicant Information N ame: Stss Wivt%ceActar Address: t11 MA -Wert) c, s, z: L erct4C) vitt%) 55113 Owner Information (if different Name: Address: c,s,Z. Phone: G51 � Phone: Email: jw v►keiauare 5Ln,Lm) 1. Gann Email: S ignature: � Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. For Office Use Only PIN#: D ate of Complete Application: �=-3cbJf Amount Paid: Receipt #: Escrow Fee Paid: Receipt # Date Escrow Returned: PC Recommendation: (approve/deny) Meeting Date: Public Hearing Date: )' CC Action: (approved/denied) Meeting Date: Conditions? City of Lauderdale Variance Checklist 3) Describe your proposed project and why you are requesting a variance. We are proposing to add an addition to our home that includes a bathroom and a mudroom with a closet and pantry. Our home only has one bathroom which is located on the second story; this makes it inaccessible for some of our family members and guests who are not ab/e to climb our steep stairs. As we get older, this will also become an issue. We are requesting a variance because our addition will surpass the city's existing lot coverage percentage. 4) Answer the following questions: A) How does the proposal put your property to use in a reasonable manner? Our proposal is reasonable because our addition will improve the value of our house and the quality of life for our family and friends; r./ s v Pio a cc -r v'M /4 O it -5 av cco �-►v.„4„1-b. .9 B) What are the unique circumstances to the property not created by the landowner? Our property is unique in that our house was built in 1889 making it one of the oldest structures in our city. The design of our home leaves us with a very small basement (basement is not under the whole structure). This lack of quality foundation leaves our kitchen with a significant problem in the shifting of our kitchen and kickout window on the south side of the home. The kitchen will be leveled and the kickout window will be removed and replaced with a new structure. The design of our old house does not include closets on our first floor. C) How will a variance, if granted, not alter the essential character of the locality? Lauderdale's character will not be altered by our addition. Our addition was designed to retain the look and feel of the farmhouse that has been our home for almost seventeen years. A variance that allows for a small increase in the lot coverage percentage on our property will enhance our community by increasing the value of our house. D) How is granting of a variance in harmony with the purposes and intent of the Zoning Ordinance? A variance for our addition is in harmony with Lauderdale's Zoning Ordinance as it is residential and within the area designated as H1. E) How are the terms of a variance consistent with the Comprehensive Plan? A variance for our addition is consistent with Lauderdale's Comprehensive Plan because As stated in the Lauderdale Comprehensive Plan, "Older homes need ongoing upkeep and repair." Our home, as we have been told, is the 2nd oldest home in Lauderdale. We have added a garage, sided our house to keep the look of a 1889 farmhouse and replaced our windows for more efficient heating and cooling. 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OPTIONS: STAFF RECOMMENDATION: MEMO D ATE JULY 13, 2021 TO: MAYOR AND COUNCIL FROM: JIM BOWNIK RE VARIANCE APPLICATION FOR 1806 WALNUT STREET Applicant/Owner/Location: Lezlie & John Antoncich, 1806 Walnut St, Lauderdale, MN 55113 Proposal: The applicants propose to construct an addition to the southern portion of the detached barn garage from 1915 to accommodate vehicle parking and an overhead garage door Zoning regulations require a 3' minimum rear -yard setback for detached garages parallel to a platted alley. The existing structure is 1.5' from the rear property line, making it a legally non -conforming structure. The proposed addition would also be 1.5' from the rear property line. Thus, the applicant is requesting a 1.5' variance to the rear - yard setback. P OLICIES AND PROCEDURES FOR VARIANCE APPROVAL In reviewing this variance request, the Council should consider the Zoning Ordinance requirements as well as relevant State Statutes. These requirements are outlined on the attached Variance Checklist. H ere is the general order of procedure. 1) Staff presentation. • Apply the Practical Difficulties Test 3) Public Hearing 4) Approve or deny the variance, adding any conditions as necessary. PRACTICAL DIFFICULTY TEST The municipal variance standard requires the City to apply a three -factor test for "practical difficulties" consisting of (1) reasonableness, (2) uniqueness, and (3) essential character. A variance should be granted if strict enforcement of the municipal variance standard as applied to a particular piece of property would cause the landowner a `practical difficulty." The landowner is generally entitled to the variance if and only if the applicant meets the statutory three -factor test for practical difficulty If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. ESTABLISHING THE FINDINGS OF FACT (Based on Answers to Questions on the ✓ ariance Checklist) The applicant has described the proposed project and why a variance is requested in the attached letter and provided answers to the questions in the Variance Checklist: A) How does the proposal put your property to use in a reasonable manner? B) What are the unique circumstances to the property not created by the landowner? C) How will a variance, if granted, not alter the essential character of the locality? D ) How is granting of a variance in harmony with the purposes and intent of the Zoning Ordinance? E) How are the terms of a variance consistent with the Comprehensive Plan? S TAFF REVIEW The applicants were not the land owners when the garage was built All of the existing garage is considered to be legally non -conforming since it does not meet the 3' rear -yard setback requirement. But, the garage was also constructed before current zoning regulations. An enlargement or expansion of a non -conformity requires a variance. One of the benefits of the proposed addition is functionality; providing the opportunity to park vehicles inside a permanent structure vs the temporary car port in front of the garage. It also helps preserve a part of Lauderdale history due to the age of the barn garage. ENCLOSURES A) Variance application, site plan, and variance checklist. P UBLIC HEARING Adjacent property owners received notice of tonight's public hearing. S TAFF RECOMMENDATION 1) Motion to direct staff to prepare a resolution of approval for the rear -yard setback variance request at 1806 Walnut Street for the next meeting. mid lidiz MAIN 65 1:79277650 LAND USE APPLICATION Date: 2'1 iune 2021 Fee Escrow Type of Request Description of Request 100 150 200 500 500 500 0 0 )(1 0 1,000 1,000 1,000 Lot Consolidation/Division Variance Conditional Use Zoning Amendment Subdivision PUD Applicant Information 1 Name: \tp,tLe1 � Sohn ithiTomate1-1 Address: ttplo INPgL11UT ST C, S, z: Ulii•dakcide,Asi Phone: /01-- Z36-2q6D WAA 6196 0260 Email: ,110kn.U1. i_(.Sfa,m! I a noes Signature:oN(4\,"0-\ariak.) To \ou:\d. om e_tc-Vem-ton cc same l).4,AAcCh rcmC kiR2 Aso C--rts\-k bsc Q‘5 knrr» 9&tOEc\Q-. -1/40 01/44C,(0 rr\04e &Cab- P - an acM5ct.x €TheA qk At 41 liras_ • PThQsci\C \\5\ Ci.rsww�5 altCact\AaciN� Owner Information (if different) Name: Address: C, S, Z . Phone: Email: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: P ease review the checklist ��` T ?LteA: ttfts,V,C Q2 I or the type of application you are applying for. Z..P (Jf [yam'' f JG "C.. For Office Use Only Date of Complete Application: Amount Paid: /CO Receipt #: Escrow Fee Paid: Receipt # —� Date Escrow Returned: PC Recommendation: (approve/deny) Meeting Date: r-_ Public Hearing Date: 713-4 GC Action: (approved/denied) Meeting Date: Conditions? \k\os\eQQimacia e ntkkAst_s szele_sk \a-23 1/4"\V tM &A -QV a. AntonGich 1806 Walnut fit. 3b. Paul, MN 55113 AILAC onooAd.. _ . 1/4\c\ --Q)-- (c4 \h3.t\ s\\ r\ \DI°Sai _o�cac\Q. cnc V\X'‘m�siLk\ \a )( Da A fk) I\rtisL truocivz6 AV\ 5 s tiNe:& VM124 an4. \Thebvt rice been (Me 4:\co avovt,msa L\o reaNAL_ rnj ecL�z-s. 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Q si - a \D i\AAJ3 \rankg, co-\ ! se . e., ill IL It &a atk - r I (4 t 010 ‘ \cp im9L3c face5ta\cca. scVmt. esu\1/4) 2-C> svittccon\ AksL aic\AAAion \k)o LL)-tiucka) \QQ. mczei� \A -)am) nyb \\ S\S cua t5\\. \i_zhe (von\\ntii aNA roal-6; incs (52A) Rea s uaun Qnta \v/Ass2, M)s) \)k USN'Ll `3\-0 S'i-, � Sk('ULC3CUS. a4%e CENgb , t\)) ("\00 0\ AkQ 0,-Qa\?C \ ciA\ QMA\n(\ k7ed1a syn tn.g\c &t), \aclioui\n(L4n\si3 goesak\t\ X.4 XtAct tai 7\radik. csr yam' Arb 18;51 h 61-2772:31 154:115 1�39� I� S2T 1813 rt,o01-11 tP 1807 c6 aZa�{-,oma 1 ,r9 -r8%- (1184 Wes rl 4 17E1611 a It 154 1744 1843 18n 18rI 182t 1 Et03 i Spring Street 1847 140 1799 179/- 1 791 1 lar fl5 1 T is r i 1767 1 • 1747 1766^ T64 c 1 i5� 19 0 X746 1(44 95 1794 1 1 1 1� 1 1 1 151 1747a lone Street 1739 C 1735 I 17$1 � 1799H 1 7cpl 16 1Z[32 1724 1716 gran 0611 1 '737 X1(33 171 1727 1 1707 16pe Ot Th -PEP 13481-1 1 1 Er8132 11 8'13 ri8-04 41552 CC kcE U 1p28 122 1f32U 1816 18121 1 808 ij304 1847 Fj 18 153 9 184 -ti ildlb i 1 1807 1807 �u 3�3 3i319 0 IA V 'J cv <. 0 • • 0 • • • • • • • • • • • 1 , II. ,..1 • • •t 1 • /• R 'ripe; ' i T- , 11; , . •1 L• { i i .•• { •- . • • 1 • • I t,i _ t. • ;.7 - •. - •••• ' • -1 ./... . / • ,} ; •.••. •,-.- '. -•t f -�'' 'i'• t• 1., .. • ? •• '.'i:" 4:1.;:121 r • s : • • • L I I •i • •Cs)':-/ f *-NQ� \( i, k C� } 1111,`; I I � 1• • • LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action X Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBER State Fire Code Ordinance STAFF INITIAL APPROVFD BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: With the change in fire departments and the upcoming change in our building official, we need to update the Fire Code ordinance. Following is the ordinance in effect. It identifies the Falcon Heights Fire Code instead of the State Fire Code as the relevant code even through that hasn't been the case for decades. It also identifies the fire marshal as the person responsible for fire code enforcement for the City. In reality, Duane Grace the City's building official has been responsible for file code plan reviews and enforcement for some time The new ordinance clarifies all of this by making the State Fire Code our official set of gov- erning regulations and makes the building official responsible for fire code enforcement. Notice of tonight's public hearing was sent to community members on June 23. The ordi- nance is ready for adoption after the public hearing. OPTIONS: STAFF RECOMMENDATION: Motion to adopt Ordinance No. 21-05 regarding Adoption of State Fire Code. LA605 9-2 (1) CHAPTER 2 FIRE CODE' S ECTION: 9-2-1: Adoption 9-2-2: Enforcement !2R! 9-2-1: ADOPTION: A. Code Adopted: Ordinances 144 and 154 of the City of Falcon H eights, together with any subsequent amendments thereto, are h ereby adopted by reference and made the Fire Code for the City as if fully set forth herein. (Ord. 71, 6-17-1980) B . Copies On File: Copies of the above ordinances are on file in t he office of the City Administrator for use and examination by t he public. (1996 Code) 9-2-2: ENFORCEMENT: The Fire Marshal is hereby designated as the person responsible for the enforcement of this Chapter. (Ord. 71, 6-17-1980; 1996 Code) M.S.A. § 471.62. CITY OF LAUDhRDALb ORDINANCb NO. 21-05 An Ordinance Amending Title 9, Chapter 2 of the Lauderdale City Code regarding the Minnesota State Fire Code. The city council of the city of Lauderdale ordains as follows: SECTION I. Title 9, Chapter 2 of the Lauderdale City Code is amended by deleting it in its entirety and replacing it with the following: CHAPTER 2 ADOPTION OF STATE FIRE CODE SF,CTION: 9-2-1: Adoption 9-2-2: Definitions 9-2-3: Enforcement 9-2-4: Penalties 9-2-1: ADOPTION: The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety pursuant to Minnesota Statutes, Section 299F.011, including all of the amendments, rules, and regulations that may be established, adopted, and published from time to time by the Minnesota Commissionei of Public Safety, through the Minnesota Department of Public Safety State Fire Marshal Division, is hereby adopted by reference and incorporated in this chapter as if fully set out herein. 9-2-2: DEFINITIONS: A. Wherever the word "jurisdiction" is used in the Minnesota State Fire Code, it shall mean the city of Lauderdale. B. Whenever the term "this code" is used in the Minnesota State Fire Code, it shall mean the code adopted pursuant to this chapter. 9-2-3: F,NFORCEMbNT: The city's building official, or its designee, is authorized to enforce the provisions of the Minnesota State Fire Code and this chapter, and that individual may take steps as may be necessary to administer and enforce the provisions of this chapter. PhNALTIhS: 1 LA 13 5-3-729008.v I A person who violates the provisions of the Minnesota State Fire Code or this chapter after being given written notice shall be guilty of a misdemeanor Each day's violation after notice thereof shall constitute a sepal ate offense. SF CTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the City Council of the City of Lauderdale this 13t1i day of July, 2021. Mary Gaasch, Mayor ATTKST: Heather Butkowski, City Administrator Published in the Pioneer Press on the 15thi day of July, 2021. 2 LA 135-3-729008.v 1 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Comment X Discussion X Action Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBFR Annual Storm Water Report STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, the City must report on its storm water efforts as one of the requirements of our Municipal Separate Storm Sewer System (MS4) permit. Attached is a copy of our most re- cent annual report submitted to the Minnesota Pollution Control Agency (MPCA). At the close of the discussion, the Council must allow for public comment on our storm water pro- gram. STAFF RECOMMENDATION: MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 MS4 Annual Report for 2020 Municipal Separate Storm Sewer Systems (IV1S4s) Reporting period January 1, 2020, to December 31, 2020 Due June 30, 2021 Doc Type: Permitting Annual Report Introduction This document is a formatted version of the MS4 Annual Report for 2020, which is completed online by each MS4 permittee. This report is a summary of activities completed under the 2013 MS4 Permit (Permit) between January 1, 2020, and December 31, 2020. For more information about the annual report, please visit the Minnesota Pollution Control Agency's (MPCA) MS4 annual report website at https://stormwater.pca.state.mn.us/index.php?title=MS4 Annual Report. MS4 general contact information Full name: Heather Butkowski Mailing address: 1891 Walnut St City: Lauderdale Phone: 6517927650 Title: City Administrator State: MN Zip code: 55113 Email: heather.butkowski@lauderdalemn.org Preparer contact information (if different from the MS4 General contact) Full name: Heather Butkowski Title: Organization: City of Lauderdale Mailing address: 1891 Walnut St City: Lauderdale Phone: 6517927650 MCM 1: Public education and outreach State: MN Zip code: 55113 Email: heather.butkowski@lauderdalemn.org The following questions refer to Part III.D.1. of the Permit. Q 2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)] Yes Q 3 If "Yes" in Q2, what is your stormwater-related issue(s)? Q3 Options Q3 - your answers Q3:1 TMDL(s) Q3:2 Local businesses Q3:3 Residential BMPs Residential BMPs Q3:4 Pet waste Q3:5 Yard waste Q3:6 Deicing materials Q3:7 Household chemicals Q3:8 Construction activities Q3:9 Post -construction activities Q3:10 Other If "Other," describe: Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a (2)] Q 5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.] Q 6 How did you distribute educational materials or equivalent outreach? [Part III.D.1.a.] Q 7 For the items listed in Q6, who is the intended audience? Yes Yes [see table below] [see table below] https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats wq-strm4-06 • 11/4/20 Page 1 of 10 Q8 For the items listed in Q6, enter the total circulation/audience below (if unknown, use best estimate). [see table below] Options B rochure N ewsletter Utility bill insert: merge N ewspaper ad Radio ad Television ad Cable access channel Stormwater-related event S chool project or presentation Website Other (1) Other (2) Other (3) describe: describe: describe: Q6 — your answers Q7 Q7 Q7 Q7 Q7 Q7 Q8 Residents Local businesses Developers Students Employees Other Total Newsletter Residents Local Businesses 4600 Radio ad Residents Local Businesses Developers Students Employees 500 Cable access channel Residents Local Businesses Students 200 Website Residents Local Businesses Developers 100 For Q9 and Q10 below, provide a brief description of each activity workshop, school presentation public works open house) held and December 31, 2020. [Part III.0.1.c.(4)] Q9 Date of activity Q10 Description of activity related to public education and outreach (e.g., rain garden the date each activity was held from January 1, 2020 to Q11 Between January 1, 2020, and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.] If "Yes," descnbe those modifications: MCM 2: Public participation/involvement No The following questions refer to Part III.D.2.a. of the Permit. Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP) Did you provide this opportunity between January 1, 2020, and December 31, 2020? [Part III.D.2.a.(1)] Yes https://www.pca.state.mn.us wq-strm4-06 • 11/4/20 • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats Page 2 of 10 Q 13 If 'Yes' in Q12, what was the opportunity that you provided? Q 13 Options Q13 - your answers Q 13:1 Public meeting Public meeting Q 13:2 Public event Q13:3 Other Q 14 If 'Public meeting' in Q13, did you hold a stand-alone meeting or combine it with another event? Combined D ate of the public meeting: 7/14/2020 N umber of citizens that attended and were informed about your SWPPP: 0 Q 15 If "Public event" in Q13, describe: D ate of the public event: N umber of citizens that attended and were informed about your SWPPP: Q 16 If "Other" in Q13, describe: D ate of this action: N umber of citizens that attended and were informed about your SWPPP: Q 17 Between January 1, 2020, and December 31, 2020, did you receive any input regarding your SWPPP? If 'Yes, enter the total number of individuals or organizations that provided comments on your SWPPP: Q 18 If 'Yes' in Q17, did you modify your SWPPP as a result of written Input received? [Part III D 2 b (2)] If "Yes," describe those modifications: No Q 19 Between January 1, 2020 and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV B.] No If "Yes," describe those modifications: MCM 3: Illicit discharge detection and elimination The following questions refer to Part III.D.3. of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? Yes Q21 Did you identify any illicit discharges between January 1, 2020, and December 31, 2020? [Part II I.D.3.h.(4)] Q22 If 'Yes' in Q21, enter the number of illicit discharges detected: Q 23 If 'Yes' in Q21, how did you discover these illicit discharges: Q23 Options Q23 — your answers Q23:1 Public complaint Q23:2 Staff Q 24 If 'Public complaint' in 023, enter the number discovered by the public: Q 25 If 'Staff in 023, enter the number discovered by staff: Q 26 If 'Yes' in Q21, did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? Q 27 If 'Yes' in Q26, what type of enforcement action(s) was taken and how many of each action were No hUps://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats wq-strm4-06 • 11/4/20 Page 3 of 10 issued between January 1, 2020, and December 31, 2020? Q27 Options Q27 — your answers 032.1 Email Q27:1 Verbal warning 0322 PowerPoint Q27:2 Notice of violation Q32:4 Video Q27:3 Fine Q32:5 Field training Q27:4 Criminal action Other Q27:5 Civil penalty Q27:6 Other If "Other," describe: Q 28 If 'Yes' in Q26, did the enforcement action(s) taken sufficiently address the illicit discharge(s)? Q 29 If 'No' in Q28, why was the enforcement not sufficient to address the illicit discharge(s): Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B ] Q 31 Between January 1, 2020, and December 31, 2020, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] Q 32 If 'Yes' in Q31, how did you train your field staff? LWZ options taw — your answers 032.1 Email 0322 PowerPoint Q32:3 Presentation Q32:4 Video Q32:5 Field training Q32:6 Other Other If "Other," describe: In office discussions The following questions refer to Part III.C.1. of the Permit. Yes Yes Q 33 Did you update your storm sewer system map between January 1, 2020, and December 31, 2020? [Part III.0 1 ] No Q 34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III C.1.a.] Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.] Q37 Does your storm sewer map include all receiving waters? [Part Q38 In what format is your storm sewer map available? If "Other," describe: Yes Yes Yes Yes GIS https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service Available in alternative formats wq-strm4-06 • 11/4/20 Page 4 of 10 Q39 Between January 1, 2020, and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? If "Yes," describe those modifications: MCM 4: Construction site stormwater runoff control No The following questions refer to Part III.D.4. of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency s general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.html?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part 111. D.4. b.] Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] Q43 Enter the number of site plan reviews conducted for sites an acre or greater between January 1, 2020 and December 31, 2020: Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2020, to December 31, 2020. Yes Yes Yes 0 Q44 Options Q44 — your answers Q48:1 Site topography Q44:1 Verbal warning Verbal warnings 0 Q44:2 Notice of violation Notice of violation 0 Q44:3 Administrative order Administrative orders 0 Q44:4 Stop -work order Stop -work orders 0 Q44:5 Fine Fines 0 Q44:6 Forfeit of security bond money Q48:9 Other Forfeit of security of bond money 0 Q44:7 Withholding of certificate of occupancy Withholding of certificate of occupancy 0 Q44:8 Criminal action Criminal actions 0 Q44:9 Civil penalty Civil penalties 0 Q44:10 Other If "Other," describe: Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2020, and December 31, 2020: Yes 0 Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] Yes Q48 If 'Yes' in Q47, how are sites prioritized for inspections? Q48 Options 048 — your answers Q48:1 Site topography Q48:2 Soil characteristics Q48:3 Type of receiving water(s) Q48:4 Stage of construction Q48:5 Compliance history Q48:6 Weather conditions Q48:7 Citizen complaints Q48:8 Project size Q48:9 Other Other If "Other," describe: Weekly unless rainfall of half inch or greater. Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] Yes https://www.pca.state.mn.us • 651-296 6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats wq-strm4-06 • 11/4/20 Page 5 of 10 Q 50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2020, and December 31, 2020: Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4 d.(2)]: Performed by Rice Creek Watershed District at their discretion. Q 52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2020, and December 31, 2020: Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. Q 54 1 2 3 Inspector name: Organization: Office phone: Work/Cell phone: Email address: P referred contact method: Inspector name: O rganization: Office phone: Work/Cell phone: E mail address: P referred contact method: Inspector name: Organization: Office phone: Work/Cell phone: E mail address: P referred contact method: Chad Johnson Stantec 612-712-2064 651-325-6860 chad.johnson@stantec.com 0 work cell phone 1 What training did inspectors receive? Q54 Options Q54 - your answers Q54:1 University of Minnesota Erosion Stormwater Management Certification and Program Q54:2 Qualified Compliance Inspector of Stormwater (QCIS) Q54:3 Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor Q54:4 Minnesota Utility Contractors Association Erosion Control Training Q54:5 Certified Professional in Erosion and Sediment Control (CPESC) Certified Professional in Erosion and Sediment Control (CPESC) Q54:6 Certified Professional in Stormwater Quality (CPSWQ) Certified (CPSWQ) Professional in Stormwater Quality Q5467 Certified Erosion, Sediment and Storm Water Inspector (CESSWI) Certified Erosion, Sediment and Storm Water Inspector (CESSWI) Q54:8 Other Other If "Other," describe: U of M Design of Construction SWPPP Q 55 Between January 1, 2020, and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] If "Yes," describe those modifications: No https://www.pca,state.mn.us • 651-296-6300 • 800-657-3864 wq-strm4-06 • 11/4/20 • Use your preferred relay service • Available in alternative formats Page 6of10 MCM 5: Post construction stormwater management The following questions refer to Part III.D 5. of the Permit. Q 56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a of the Permit? Yes Q 57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a (2)] Check all that apply. Refer to the MPCA website at http://www pca.state.mn.us/index.php/view- document.html?gid=17815 for guidance on stormwater management approaches. Q57 Options Q57 - your answers Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site Q57:1 Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site Q57:2 Retain the post -construction runoff volume on site for the 95th percentile storm Q57:3 Match the pre -development runoff conditions Q57:4 Adopt the Minimal Impact Design Standards (MIDS) Q57:5 An approach has not been selected Q57.6 Other method (Must be technically defensible--e.g., based on modeling, research and acceptable engineering practices) Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices) If "Other," describe: We require at minimum 80% TSS removal and 50% TP removal for the City. We also defer to the local Watershed requirements (Rice Creek WD, Mississippi WMO, and Capital Region WD) for these items which are more stringent than the City's requirements. RCWD you must retain the runoff volume equal to 1.1 inches times the area of new impervious or 0.75 inches of linear projects. MWMO you must retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site. CRWD you must retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site. Q 58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post -construction stormwater management regulatory mechanism(s)? [Part III.B.] Q 59 Between January 1, 2020, and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your post -construction site stormwater management program? [Part IV.B.] If "Yes," describe those modifications: MCM 6: Pollution prevention/good housekeeping for municipal operations Yes No The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Q 60:a Structural stormwater BMPs Q60:b Outfalls Q 60:c Ponds Q 61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2020, to December 31, 2020, within your MS4 (exclude privately owned). [Part III.D.6.e.] Q 61:a Structural stormwater BMPs 9 8 2 9 Q 61:b Outfalls 8 Q 61:c Ponds 2 Q 62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as No https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats wq-strm4-06 • 11/4/20 Page 7 of 10 allowed in Part III.D.6.e.(1) of the Permit? Q 63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)] Q 64 If 'Yes,' briefly describe the maintenance that was conducted: Q 65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] Q 66 If 'Yes' in Q65, did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] Q 67 If 'Yes' in Q66, based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? Q 68 If 'Yes' in Q67, briefly describe the maintenance that was conducted: Q 69 Between January 1, 2020, and December 31, 2020, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] If 'Yes' in Q69, describe those modifications: No No No Discharges to impaired waters with an USEPA-approved TMDL that includes an applicable WLA If required, you must complete the TMDL Annual Report Form, available on the MPCA's website at https://stormwater.pca.state.mn.us/index.php?title=Download page with TMDL forms. Attach your completed TMDL Annual Report Form as instructed in the online Annual Report. [Part III E] Q71 If a file was successfully uploaded, a reference number will appear: Alum or Ferric Chloride Phosphorus Treatment Systems (not required) The following questions refer to Part III.F.3.a. of the Permit. Provide the information below as it pertains to your alum or ferric chloride phosphorus treatment system. Q 72 Date(s) of operation (mm/dd/yyyy - mm/dd/yyyy) January February March April May June July August S eptember October N ovember D ecember https://www.pca.state.rnn.us wq-strm4-06 • 11/4/20 • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats Page 8 of 10 Q73 Q74 075 Q76 Month Chemical(s) used for treatment Gallons of alum or ferric chloride treatment Gallons of water treated Calculated pounds of phosphorus removed January February March April May https://www.pca.state.rnn.us wq-strm4-06 • 11/4/20 • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats Page 8 of 10 June July August September October November December Q77 Any performance issues and corrective action(s), including the date(s) when corrective action(s) were taken, between January 1, 2020, and December 31, 2020: Partnerships Q 78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? Yes Q 79 If 'Yes' in Q78, describe the agreements you have with other regulated MS4s and which Permit requirements the other regulated MS4s help satisfy: [Part IV.B.6.] We defer to the Rice Creek Watershed District, Mississippi Watershed Management Organization, and the Capitol Region Watershed District rules when they are more stringent than our rules. Those organizations also provide site inspections for the City. We also are a member of Minnesota Waters, Let's Keep It Clean for educational outreach. Additional information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere_2020AR to ms4permitprogram.pca@state.mn.us. Q 80 If a file was successfully uploaded, a reference number will appear: Q 81 If a file was successfully uploaded, a reference number will appear: Q 82 If a file was successfully uploaded, a reference number will appear: Q 83 Optional, describe the file(s) uploaded: Owner of operator certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540)? By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: Heather Butkowski Title: City Administrator Yes https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats wq-strm4-06 • 11/4/20 Page 9 of 10 Date: 6/24/2021 https://www.pca.state.mn.us wq-strm4-06 • 11/4/20 • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats Page 10 of 10 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Comment Discussion X Action Resolution Work Session Meeting Date July 13, 2021 ITEM NUMBER Emergency Declaration STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff spoke to the city attorney about rescinding the local emergency declaration put into effect in March 2020. He said most of his other clients planned to end their local emergency declarations on August 1 in tandem with the Governor's plan to rescind the state emergency declaration. Those plans were upended when the Governor ended the state emergency dec- laration on July 1. The Mayor's intention was to begin holding in-person meeting on July 13; however, MnDOT staff are unable to attend in-person meetings until they receive the go-ahead from Minnesota Management and Budget and that date is unknown. In order to have MnDOT staff present at our July 27 meeting, the local emergency declaration will need to stay in place until then so we can continue to have virtual meetings. The city attorney is drafting the appropriate resolution rescinding the local emergency order for action by the city council as soon as it is practical. Staff are working with NineNorth to understand options for allowing council members, staff, consultants, or audience members to remotely participate in meetings in the future. It isn't as easy as it sounds to create a situation where all meeting participants can see, hear, and respond to each other with the technology we have and the setup of our council cham- bers. For similar reasons many cities are forgoing this option and returning strictly to in- person meetings. Hopefully, we will have receive information from NineNorth in advance of our meeting. Staff look forward to receiving feedback during the meeting. STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date July 13, 2021 ITEM NUMBER NineNorth Service Agreement STAFF INITIAL t �� APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City's agreement with NineNorth (formerly CTV) is up for renewal. As in the past, this agreement does a good fob of clarifying the cost of the services we will receive from Nine - North and the cost of elective services. The proposed contract is for three -years instead of one. As we are a member of the organi- zation instead of just a customer, this makes sense. New this year is the option to add subti- tling for $46 per meeting. Staff anticipate the Council will appreciate the meetings being more accessible. It has the added benefit of providing an alternative for viewers when there are audio problems. This happens periodically when we met in person and virtually. During the meeting we can walk through the options in the contract before the Council votes on the agreement. OPTIONS: STAFF RECOMMENDATION: Motion to approve the North Suburban Access Corporation Professional and Technical Ser- vices Agreement as presented. NineNorth 2670 Arthur Street Roseville, MN 55113 P- (651) 792-7515 Www.NineNorth.org July 1st, 2021 Heather Butkowski, City Administrator City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Dear Heather, First, we'd like to thank you for Lauderdale's partnership with the North Suburban Communications Commission and Access Corporation (dba NineNorth). We truly value the Lauderdale's community and want to continue to support the city through enhancing your communications by making information available to all residents. This contract is for three years, the price is reflective for a single year of those three years. Through the pandemic, we are proud we were able to provide critical services to Lauderdale's without increasing costs. Moving into 2022, we are increasing our cost by 4% to $180 per meeting. The 4% increase is also reflective in our other services such as web streaming and playback. New this year is our subtitling option to your public meetings. The cost is $46 per meeting to add 91% accurate subtitling in 30 different languages, including English. This addition will help make your city information more accessible. Also a new addition to this contract is the intermapping charge. The intermapper is an IP based service to essentially "watch" all of the IP based equipment (Internet of things) to minimize breakage. It is highly secure to our intranet and not accessible to anyone outside. This will ensure your equipment is always working properly. Your Municipal Producer will continue to be Zach Dalton. The benefit for using the NineNorth services is the peace of mind that the meetings will be executed properly, and there will always be a back-up operator available. We are also making virtual, hybrid, and in person options available through the year. We will continue to offer the Neighborhood Network program for $1 a year. NineNorth will produce at least 3 productions a year related to your city, which will also be webcasted, and archived for the city. Please note there are other services outlined on your contract, but are not placed in the "Agreed" upon column. If you are interested in our additional services, please let us know. Arden Hills Falcon Heights Lauderdale Little Canada Mounds View New Brighton North Oaks Roseville St. Anthony Please let me know if you have any questions about the service agreement for 2022. We look forward to serving the city of Lauderdale. Thank you. Sincerely, Dana Healy Executive Director North Suburban Access Corporation, NineNorth North Suburban Access NSAC Professional and Technical Services Agreement This contract is between the North Suburban Access Corporation, a Minnesota Municipal Corporation, (herein "the NSAC ) and the City of Lauderdale, Minnesota (herein "the City"). Recitals 1. Under Minnesota law, the NSAC is empowered to provide such professional and technical services as are desired by the City. 2. The City desires to engage the NSAC for video webcasting services and archiving services (herein "the Services"). 3. The City represents that it is empowered to engage the NSAC. Agreement 1. Term of Contract 1.1. Duration. This Agreement will become effective January 1, 2022 and will remain in effect for a period of three (3) years. At the expiration of the one (1) year period, the Agreement will automatically renew for another period of one (1) yeas, unless notice to terminate this Agreement is provided no less than ninety (90) days prior to the end of the current term. If this Agreement is terminated prior to the completion of a one (1) year period the NSAC will be entitled to payment, determined on a pro rata basis, for Services satisfactorily performed. 1.2. Survival of Terms. The following clauses will remain in effect after the termination of the Agreement: Section 5. Liability, Section 6. Government Data Practices and Intellectual Property, Section 8. Governing Law, Jurisdiction, and Venue; and Section 9. Disclosure. 2. Services Provided 2.1. Services. The NSAC will provide the Services described in Schedule A (attached). 2.2. Additional Services. The City may also request additional services during the term of the Agreement (see Section 1.1. Duration). If accepted by the NSAC, Schedule A will be amended to include a description of the additional services and according compensation. Unless otherwise specified, all terms of this Agieement will apply to any amendments to Schedule A. 2.3. Standard of Care. To the extent any property, such as camera or computer equipment, is loaned by the NSAC to the City, the City will exhibit a standard of care consistent with Minnesota law. 2.4. City Assistance Depending on the nature of the Services, the NSAC may from time to time require access to public and private lands or property. To the extent the City is legally and reasonably able, the City will provide access to and make provisions to enable the NSAC or its agents or employees to enter upon public and private land and property as required for the NSAC to perform the Services. The City will furnish the NSAC with a copy of any special standards or criteria promulgated by the City relating to the Services, including, but not limited to design and construction standards, that is necessary for the NSAC to prepare for its performance of the Services. 3. Payment 3.1. Compensation. The City will pay for all Services to be performed by the Contractor as specified in Schedule A (attached). 3.2. Fee Adjustment. The NSAC reserves the right to annually adjust the fees associated with the Services specified in Schedule A. Such adjustments, if any, will be enacted on January 1 of a given year. Prior to enacting any fee adjustments, the NSAC must provide written notice of such to the City at least thirty (30) calendar days prior to the effective date of the fee adjustment. 3.3. Invoices. The City must promptly pay the NSAC after the NSAC presents an invoice for those Set vices that have been actually performed. The NSAC must timely submit invoices. 3.4. Event Cancellation. The City agrees to pay 70% of the expected event amount for any cancellation unless sufficient prior notice is provided. ` Prior Notice" is defined as at least 10 business days (including the day of the event) before the scheduled event. 4. Assignment, Amendments, Waiver, and Completeness 4.1. Assignment. The City may not assign, license, or transfer any rights or obligation under this Agreement without prior written consent of the NSAC and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendments to this contract must be made in writing and will not be effective until executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.3. Waiver: If the NSAC fails to enforce in a timely manner any provision of this Agreement, that failure does not waive the provision or the NSAC's right to enforce the provision. 4.4. Completeness. This Agreement contains all negotiations and agreements between the NSAC and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 5. Liability The City must indemnify and hold harmless the NSAC, its agents, and its employees from any claims or causes of action, including attorney's fees incurred by the NSAC arising from performance of this Agreement by the City, its agents, or its employees. The clause must not be construed to preempt any legal remedies the NSAC may have for the City's failure to fulfill its obligations under this Agreement. 6. Government Data Practices and Intellectual Property 6.1. Government Data Practices. To the extent applicable, the City and NSAC must comply with the Minnesota Goveinment Data Practices Act Minn. Stat. Ch. 13 The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Clause by either the City or the NSAC. Each Party shall notify the other of any Data Practices Act request for video recordings created pursuant to this Agreement. All requests for the release or sale of video recordings cleated pursuant to this Agreement shall be directed to and fulfilled by the NSAC. 7. Endorsement The City must not claim that the NSAC endorses its products or services. 8. Governing Law, Jurisdiction, and Venue Minnesota Law governs this Agreement. Venue for all legal proceedings arising from this Agreement shall be in the appropriate state or federal court with competent Jurisdiction in Ramsey County, Minnesota. 9. Disclosure The City consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, to the Commission as is necessary for compliance with Minnesota and other applicable law. 10. Severability If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event that such a section or clause is essential or substantially alters the Agreement, the Parties shall negotiate a replacement section of clause that will achieve the intent of such unenforceable section or clause to the extent permitted by law. 11. Employment Employees of the NSAC performing work pursuant to this Agreement shall remain at all times employees only of the NSAC. The NSAC will be responsible for worker's compensation, salary, and training. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Dated: North Suburban Access Corporation By: Attest By: Its: Its: City of Lauderdale Dated: By: Dated: By: Its: Mayor Its: City Administrator Schedule A. Services (Lauderdale). Agreed o 0 o 7i- o 0 00 in0 0 6, be Quote o o 0 0 0 00 c}' 0 0 rt1-4 Service Englisl m_ as , annul nsure q Schedule A. Services (Lauderdale). $1,528 per year 1 2. el s.. 0 a rn et EA $1,528 per year O to N 69 cti a) 0 0 Q 0\ N .—i 69 -ees to provide the following: 1 Carousel per month at $62.50 per Carousel, per year. This does not include the Carousel. °vide the following: ,etings and applicable Advisory Commission p to 4 premiers of programming, and 4 Laybacks per week; .cks. wide the foil] g agendas pa it video disci_ onths; Ale of all live the cancellati change in tI ns of special Lephone numl genda will b rs. Schedule A. Services (Lauderdale). $117 per year Q cn >. a _ T3 P 0 M O U Cie fA $117 per year $5,980 per year Introductory rate of $1 per year 0 at i. 0 0 sii.1 U a O O d' cn 64 s to provide the following: the inter -mapper licence, to ensure equipment is operating Phis is an even cost share with the JPA. es to provide the following: 2 planned posts per month, with creative content. est. 1AC agrees to provide the following: year for the City, at the discretion of the NSAC; ibute via link to the City the final product; p to 6 months. oduction requests. es to provide the following: :ary platform, branded with city logo and colors to kets alongside meetings; d site. ants to assigned email to answer questions from the v b O d O O479O m nt ly to Lei no U U N '�- ,� 0 3 .o EA cd .fl 4+: *.'< � b act 'b s.' 0 0 0 0 O cn N 0 3CvS cn aS E-1 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date July 13, 2021 ITFM NUMBER Petition and Waiver Agrmnt STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Mary Gaasch and Matthew Koncar, owners of 1736 Malvern Street, requested financing of their disease tree removals through a petition and waiver agreement. The agreement fol- lows. It is similar to previous agreements entered into by the City. In this case, Mayor Gaasch plans to recuse herself from the vote and the agreement will be signed by the mayor pro tem All property owners have the option to reimburse the City for some of the cost by November 1 or have the entire cost spread out over a negotiable term of years subject to a 4.15% interest rate. OPTIONS: STAFF RECOMMENDATION: Motion to approve the Petition and Waiver Agreement as prepared for 1736 Malvern Street. PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (the "Agreement") is made this day of July, 2021, by and between the city of Laudeidale, a Minnesota municipal corporation (the City '), and Maly A. Gaasch and Matthew J. Koncar, owners of 1736 Malvern Street Lauderdale, Minnesota (the ` Owners"). WITNESS ETH: WHEREAS, the Owners are the fee owners of certain real property located in Lauderdale, PIN 17.29.23.33.0070, and legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Owners have two diseased Colorado Spruce trees; and WHEREAS, the trees have limbs that are dead and pose a threat to public safety, and WHEREAS, the Owners have arranged for removal of the tree but have requested that the City finance the cost thereof; and WHEREAS, the City is willing to specially assess the Property for the full cost of the tree removal project as the benefited property; and WHEREAS, the City is willing to forgo notices and hearings regarding the special assessment, provided the assurances and covenants hereinafter stated are made by the Owners to ensure that the City will have a valid and collectable special assessment as it relates to the tree removal project. NOW, THEREFORE ON THE, BASIS OF THE OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Owners represent and warrant that they are the fee owners of the Property and that they have legal power and authority to encumber the Property as herein provided and that there are no other liens or encumbrances against the Property except those of record. 2. The Owners have contracted for removal of the tree from the Property (the "Project") 1 LA 135-3-682177.v 1 and have requested that the City finance the cost of the work. Upon receipt of the invoice from the Owneis' tree trimmer, the City agrees to pay the invoice and recoup that cost through a special assessment against the Property. 3. The Owners consent to the City levying a special assessment for the Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall be the actual cost to remove the trees, including all legal and administrative expenses associated therewith, but not to exceed $2,300.00. 4. The Owners waive notice of hearing and hearing pursuant to Minn. Stat Section 429.031 on the Project and notice of hearing and hearing on the special assessment levied to finance the Project pursuant to Minn. Stat. Section 429.061 and specifically request that the Project be carried out and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Owners waive the right to appeal the levy of special assessment in accordance with this Agieement pursuant to Minn Stat. Section 429.081 and further specifically agree with respect to such special assessment against the Propeity that: a. All requirements of Minn. Stat., Chapter 429 with which the City does not comply are heieby waived by the Owners; and The increase in fair market value of the Property resulting from completing the Project will be at least equal to the amount of the special assessment levied against the Property and that such increase in fair market value is a special benefit to the Property. 6. The special assessment levied against the Property shall be payable over three years and shall bear an interest rate of 4.15 percent per annum. The first installment of principal and interest shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment. 7. The waivers and agreements contained in this Agreement shall bind the Owners and their successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Ramsey County, Minnesota and the Owners and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 8. Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail: 2 LA 135-3-682177.v 1 a) as to the Owners b) as to the City Mary A. Gaasch Matthew J. Koncar 1736 Malvern Street Lauderdale, MN 55113 City of Lauderdale 1891 Walnut Street Lauderdale, MN 55331 Attn City Administrator or at such other address as either party may from time to time notify the accordance with this paragraph. 9. This Agreement shall terminate upon the final payment of all special against the Property for the Project. above. other in writing in assessment levied IN WITNESS WHEREOF, the parties have set their hands the day and year first written By: By: STATFPOF MINNESOTA ) ss. COUNTY OF RAMSFiY ) OWN F,RS OF 1736 MALVKRN STRFET Mary A. Gaasch Matthew J. Koncar The foregoing instrument was acknowledged before me this day of July, 2021, by Mary A. Gaasch and Matthew J. Koncar, married to each other, owners of 1736 Malvern Street. Notary Public 3 LA 135-3-682177.v 1 By: By: STATI-h, OF MIND FhSOTA ) ) ss COUNTY OF RAMS I -4,Y ) CITY OF LAUDIADALFF, Andi Moffatt, Mayor Pro Tem Heather Butkowski, City Clerk - Administrator • The foregoing instrument was acknowledged before me this day of July, 2021, by Andi Moffatt and Heather Butkowski, the mayoi pro temp and city clerk -administrator respectively, of the city of Lauderdale, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. Notary Public 4 LA135-3-682177.v1 EXHIBIT A The Property is located in Ramsey County, Minnesota and is legally described as follows: North 25 feet of Lot 27 and all of Lot 28 of Manuel's Addition in the County of Ramsey, City of Lauderdale, Minnesota. A-1 LA135-3-682177.v1 Schedule A. Services (Lauderdale).