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HomeMy WebLinkAbout03/11/2014LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, MARCH 11, 2014 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the February 25, 2014 City Council Meeting c. Claims Totaling $158,997.39 4. CONSENT 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Legislators Rep. Alice Hausman and Sen. John Marty 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 ITEMS a. Larpenteur Avenue Easement Agreements b. Payment for Purchase of 2430 Larpenteur Avenue 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. St. Anthony Police Annual Report b. Public Hearing Regarding Proposed Tobacco Ordinance Revisions c. Annual Audit Report, Andrew Berg of Abdo, Eick, and Meyers — April 8 d. Annual Update by Ramsey County Commissioner McGuire — April 22 e. Ramsey County Economic Prosperity Report — April 22 f. Police Contract Discussion with St. Anthony City Manager Mark Casey — April 22 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Police Contract Renewal c. Music under the Trees Discussion d. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 February 25, 2014 Mayor Dains called the City Council meeting to order at 7:34 p.m. Councilors present: Mary Gaasch, Denise Hawkinson, Lara Mac Lean, and Mayor Jeff Dains. Councilor absent: Roxanne Grove. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Kevin Kelly, Deputy City Clerk. Mayor Dains asked for changes to the meeting agenda. The Mayor added city councilor leave and no parking zones within the City and Butkowski added Mary Hayes of the St. Anthony Park Area Seniors program to Informational Presentations. Councilor Hawkinson moved to approve the amended agenda. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Mac Lean moved to approve the February 11, 2014 City Council meeting minutes. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $18,848.05. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Gaasch moved approval of the Consent Agenda which included Resolution 022514A — A Resolution Depositing the Excess Unreserved Fund Balance in Capital Improvement Funds, the January 2014 Financial Report, and the 2014 Tobacco and Alcohol Licenses. Councilor Hawkinson seconded the motion and it passed unanimously. Informational Presentations: Introduction to the Bhutanese Community-Parmananda Khatiwoda Mr. Khatiwoda presented the Council with information on the Bhutanese refugee community living in Lauderdale. He said there are approximately 1,000 Bhutanese in Minnesota with about 70 living in Lauderdale. Most of the Bhutanese population emigrated to the United States and to other parts of the world in 2008. Khatiwoda founded a non-profit organization with other members of the Bhutanese Community. Through the Bhutanese Community Organization (BCO) Khatiwoda has held English language and citizen training workshops at Lauderdale City Hall. The BCO also works with students and attempts to problem solve with the students and schools as they navigate the education system. The BCO also works with adult Bhutanese to assist them in learning the mores of living in Minnesota. The Council sincerely thanked him for his presentation. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 February 25, 2014 Mary Hayes —St. Anthony Park Area Seniors (SAPAS) program Ms. Hayes attended the meeting to learn more about the Bhutanese Community in Lauderdale and to inform the Council of the work of the SAPAS program. Hayes stated that the SAPAS was formerly known as the block nurse program for the area; she stated that she has been with the program for 12 years. The SAPAS traditionally served individuals 65 and older but has recently begun serving people 60 years and older in order to assist them in obtaining appropriate services as they turn 65. The SAPAS holds exercise classes for seniors at Lauderdale City Hall and Hayes stated they also provide transportation and in house respite services and looks forward to expanding their reach in Lauderdale. Discussion Items Larpenteur Avenue Temporary Construction Easement Agreements Butkowski stated there are five temporary construction easement agreements to be approved by the Council. Councilor Gaasch moved to execute the Temporary Easement for Construction Agreements with the owners as presented. Councilor Hawkinson seconded the motion and it passed unanimously. Resolution 022514B — Support for Digital Publication of City Notices Butkowski stated that the League of Minnesota Cities is looking for support for this initiative. Mayor Dains described that consumption of news and information has changed over time and more people get their news from all manner of sources other than printed newspapers. Mayor Dains also stated the Roseville Review is not delivered to residents in Lauderdale any longer which limits the reach of the newspaper as the City's official publication. Councilor Mac Lean moved to adopt Resolution 022514B — A Resolution Supporting Legislation Allowing Cities to Designate their City Website to Publish Public Notices. Councilor Hawkinson seconded the motion and it passed unanimously. Additional Items Snow Plowing and Parking in the City of Lauderdale The Council discussed whether to restrict parking on Eustis Street. Eustis Street has narrowed as the snow totals have increased making vehicle passage more difficult. The Council decided to allow parking on the west side of Eustis Street only (the odd numbered side of the street). The restrictions will go into effect on March 1. Butkowski said City staff will post signs on Friday, February 28 to alert residents of the parking change and residents will be notified by email and the City's website. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 February 25, 2014 Councilor Hawkinson moved to adopt Resolution 022514C — A Resolution Limiting Parking on Eustis Street. Councilor Mac Lean seconded the motion and it passed unanimously. Agenda items for the March I I Council Meeting may include a legislative update from Senator Marty and Representative Hausman and the Larpenteur Avenue Pedestrian Improvement Project. Mayor Dains explained that the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. Mayor Dains asked if anyone wished to address the Council. No one came forward. Work Session: Community Development Update Butkowski said representatives from Luther Seminary will meet with the City on Monday, March 3 to discuss the lot split they are proposing to prepare the property for sale. A representative from Corval will meet with City staff on February 26 to discuss their development ideas. Butkowski stated she is meeting with the Brandychase Association Board on Thursday to discuss the Larpenteur Avenue Project. The Association has concerns about the bus shelter and the sidewalk. Council Leave Councilor Hawkinson will be unable to attend the council meetings in March and April. Councilor Mac Lean will also not be able to attend the April 22 Council Meeting. There being no further business on the council agenda, Councilor Mac Lean moved to adjourn the meeting. Councilor Hawkinson seconded the motion and it carried. The meeting adjourned at 8:45 p.m. Respectfully submitted, Kevin e I Deputy City Clerk CITY OF LAUDERDALE CLAIMS FOR APPROVAL March 11, 2014 City Council Meeting Payroll 02/27/14 Payroll: Direct Deposit # 501752-501764 02/27/14 Payroll: Payroll Liabilities, e -payments 862E -865E Vendor Claims 03/11/14 Claims: Check #'s 22128-22153 $9,732.75 $9,307.25 $139,957.391 SUBTOTAL $158,997.39'' Total Claims for Approval $158,997.39 CITY OF LAUDERDALE 02/27/14 12:27 PM Page 1 *Claim Register© 022814pyrll FEBRUARY 2014 Claim Type Direct Claim# 3823 NORTH STAR BANK, CHECKING S Ck# 000862E 2/27/2014 Cash Payment G 101-21703 FICA WITHHOLDING. 2/28/2014 Payroll $2,512.56 Invoice Cash Payment G 101-21701 FEDERAL TAXES 2/28/2014 Payroll $1,335.82 Invoice Transaction Date 2/27/2014 Due 0 NORTH STAR CHE 10100 Total $3,848.38 Claim# 3824 PERA Ck# 000863E 2/27/2014 Cash Payment G 101-21704 PERA 2/28/2014 Payroll $1,774.34 Invoice Transaction Date 2/27/2014 Due 0 NORTH STAR CHE 10100 Total $1,774.34 Claim# 3825 ICMA RETIREMENT TRUST - 457 Ck# 000864E 2/27/2014�� Cash Payment G 101-21705 ICMA RETIREMENT 2/28/2014 Payroll $2,438.63 Invoice Transaction Date 2/27/2014 Due 0 NORTH STAR CHE 10100 Total $2,438.63 Claim# 3826 MN DEPARTMENT OF REVENUE Ck# 000865E 2/27/2014 Cash Payment G 101-21702 STATE WITHHOLDING 2/28/2014 Payroll $1,245.90 Invoice Transaction Date 2/27/2014 Due 0 NORTH STAR CHE 10100 Total $1,245.90 Claim Type Direct Tota $9,307.25 Pre -Written Check $9,307.25 Checks to be Generated by the Compute $0.00 Total $9,307.25 CITY OF LAUDERDALE 03/07/14 2:47 PM Page 1 *Check Detail Register© MARCH 2014 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 022128 3/11/2014 ABDO EICK &MEYERS LLP E 101-41500-301 AUDITING $9,200.00 2013 financial audit E 601-49000-301 AUDITING $1,150.00 2013 financial audit E 602-49100-301 AUDITING $1,150.00 2013 financial audit Total ABDO EICK & MEYERS LLP $11,500.00 Paid Chk# 022129 3/11/2014 AFSCME G 101-21709 UNION DUES $111.38 2/14 Union Dues Total AFSCME $111.38 Paid Chk# 022130 3/11/2014 CITY OF FALCON HEIGHTS E 101-42100-321 FIRE CALLS $2,746.08 2/14 Fire Calls Total CITY OF FALCON HEIGHTS $2,746.08 Paid Chk# 022131 3/11/2014 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $102,846.82 2/14 & 3/14 Police Contract Total CITY OF ST ANTHONY $102,846.82 Paid Chk# 022132 3/11/2014 EUREKA RECYCLING E 203-50000-389 RECYCLING CONTRACTOR $2,424.65 2/14 Recycling Contract Total EUREKA RECYCLING $2,424.65 Paid Chk# 022133 3/11/2014 GLTC PREMIUM PAYMENTS G 101-21706 HEALTH INSURANCE $50.90 3/14 Long Term Care Plan Total GLTC PREMIUM PAYMENTS $50.90 Paid Chk# 022134 3/11/2014 �mGOPHER STATE ONE -CALL E101-43400-386 GOPHER STATE ONE CALL $4.35 2/14 Locates Total GOPHER STATE ONE -CALL $4.35 Paid Chk# 022135 3/11/2014 HAMLINE UNIVERSITY - GLOBAL ED E 602-49100-438 DUES & SUBSCRIPTIONS $500.00 2014 Metro Watershed Partnership Membership Total HAMLINE UNIVERSITY - GLOBAL ED $500.00 Paid Chk# 022136... 3/11/2014HUGHES AND JOSEPH E101-41500-300 LEGAL FEES- PROSECUTING $850.00 2/14 Legal Fees Total HUGHES AND JOSEPH $850.00 Paid Chk# 022137 3/11/2014 KONICA MINOLTA E 101-41200-401 COPIER CONTRACT $197.05 2/14 Copier Contract Total KONICA MINOLTA $197.05 Paid Chk# 022138 3/11/2014 LILLIE SUBURBAN NEWS E 101-41100-352 PUBLIC INFO NOTICES $45.00 Public Notice - Tobacco Pub. Hearing Total LILLIE SUBURBAN NEWS $45.00 Paid Chk# 022139 3/11/2014 LMC E 101-41200-308 TRAIN ING\CONFERENCES $20.00 Safety and Loss Control - JB CITY OF LAUDERDALE 03/07/14 2:47 PM Page 2 *Check Detail Register© MARCH 2014 Check Amt Invoice Comment Total LMC $20.00 Paid Chk# 022140 3/11/2014 MET -COUNCIL ENVIRONMENTAL SER. E 601-49000-387 WATER TREATMENT SERVICE $10,281.21 4/14 waste water treatment otal MET -COUNCIL ENVIRONMENTAL SER. $10,281.21 Paid Chk# 022141 3/11/2014 NORTH STAR BANK, PETTY CASH E 101-45200-391 TELEPHONE/PAGERS $22.46 Warming House Phone Card E 101-41200-331 TRAVEL EXPENSE $6.00 U of M Parking E 101-41200-201 GENERAL SUPPLIES $35.33 W2 & 1099 Forms E 101-41200-440 MEETING EXPENSES $10.00 SRA Luncheon Mtg. E 101-41200-201 GENERAL SUPPLIES $35.46 Batteries and Coffee E 101-41200-203 POSTAGE $11.68 2 Certified Letters E 101-41200-201 GENERAL SUPPLIES $57.49 Pens, sponges, paper & 3 Ring Binders E 101-41200-440 MEETING EXPENSES $11.00 LMC Event Parking E 101-45200-391 TELEPHONE/PAGERS $18.98 Phone Card for Warming House E 101-41200-201 GENERAL SUPPLIES $29.99 Chairmat for Dep. Clerk Total NORTH STAR BANK, PETTY CASH $238.39 Paid Chk# 022142 3/11/2014 NORTH SUBURBAN ACC,�--.�.a��- ESS CORP E 202-49500-530 FURNITURE & EQUIPMENT $56.14 Power Strip for Chamber Camera Total NORTH SUBURBAN ACCESS CORP $56.14 Paid Chk# 022143 3/11/2014 PARK SERVICE E602-49100-402 CITY TRUCK REPAIR/MAINTEN $5.50 Service Call E101-43000-402 CITY TRUCK REPAIR/MAINTEN $44.00 Service Call E601-49000-402 CITY TRUCK REPAIR/MAINTEN $5.50 Service Call Total PARK SERVICE $55.00 Paid�Chk# 022144 3/11/2014 PUBLIC EMPLOYEES INS PROGRAM G 101-21706 HEALTH INSURANCE $1,775.32 3/14 Health Benefits Total PUBLIC EMPLOYEES INS PROGRAM $1,775.32 Paid Chk# 022145 3/11/2014 RAMSEY CO LEAGUE OF LOCAL GOVT W E101-41100-438 DUES & SUBSCRIPTIONS $125.00 2014 Membership Dues ital RAMSEY CO LEAGUE OF LOCAL GOVT $125.00 Paid Chk# 022146 3/11/2014 RAMSEY COUNTY, PROP REC & REV E 101-42100-318 911 Dispatch G 101-21706 HEALTH INSURANCE E 101-41200-355 MISC PRINTING/PROCESS SER E101-42100-355 MISC PRINTING/PROCESS SER Total RAMSEY COUNTY, PROP REC & REV Paid Chk# 022147 3/11/2014 STANTEC $1,172.88 2/14 911 Dispatch $440.96 3/14 Employee Insurance $25.00 3/14 Employee Insurance $6.24 2/14 800 MHz radio license $1,645.08 E405-48500-325 LARPENTEUR AVE IMPROVEM $1,638.00 1/14 Larpenteur Ave. Project Total STANTEC $1,638.00 Paid Chk# 022148 3/11/2014 TC DIE CASTING CITY OF LAUDERDALE 03/07/14 2:47 PM Page 3 *Check Detail Register© MARCH 2014 Check Amt Invoice Comment a G 101-22223 TC DIE CASTING PROJECT $595.28 escrow refund Total TC DIE CASTING $595.28 Paid Chk# 022149 3/11/2014 US BANK, DEBT SERVICES E 304-47400-621 FILE MAINTENANCE CHARGES $450.00 2003A bond management contract Total US BANK, DEBT SERVICES $450.00 Paid Chk# 022150 3/11/2014 VISTAPRINT NETHERLANDS B.V. E 101-41200-201 GENERAL SUPPLIES $94.48 Staff & Council Business Cards Total VISTAPRINT NETHERLANDS B.V. $94.48 Paid Chk# 022151 3/11/2014 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $205.43 3/14 PW Waste Refuse E 101-43000-384 REFUSE DISPOSAL $_158.84 Refuse Disposal Mar/Apr/May - City Hall Total WASTE MANAGEMENT $364.27 Paid Chk# 022152 3/11/2014 XCEL ENERGY, CITY HALL E 101-43000-381 ELECTRIC E 101-43000-383 GAS UTILITIES Total XCEL ENERGY, CITY HALL $205.15 2/14 City Utilities $535.52 2/14 City Utilities $/4U.bt Paid Chk# 022153 3/11/2014 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $53.06 2/14 Bridge Lights E 101-43000-380 STREET LIGHT UTILITY $549.26 2/14 Street Lights Total XCEL ENERGY, STREET LIGHTING $602.32 10100 NORTH STAR CHECKING $139,957.39 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $122,296.39 202 COMMUNICATIONS $56.14 203 RECYCLING $2,424.65 304 03 ST/UTIL IMP DEBT SERVICE $450.00 405 TIF -PROJECTS $1,638.00 601 SEWER UTILITIES $11,436.71 602 STORM SEWER ENTERPRISE FUND $1,655.50 $139,957.39 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date March 11, 2014 ITEM NUMBER _Temp. Constr. Easements STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: To complete the pedestrian improvement project, the City needs temporary construction easement agreements from each of the property owners along the north side of Larpenteur Avenue. In addition to those you approved at the last meeting, I have four more. If I re- ceive more before the Council Meeting, I will add them to the list of those to be approved. I have included signed agreements from: William Thompson, 2395 Larpenteur Jenny Ortiz, 2409 Larpenteur Barbara Eggers, 2379 Larpenteur Croix Oil, 2421 Larpenteur OPTIONS: STAFF RECOMMENDATION: Motion to execute the Temporary Easement for Construction Agreements with the owners presented. COUNCIL ACTION: wAje , .4- r ee� dx& Tka-- cL4/ w-�a resp&KJ to 4 a- s ' TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by William Thompson, a single person, Grantor, in favor of the city of Lauderdale, a Minnesota municipal corporation, Grantee. FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut or trim therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. Said easement is granted over, under, across and upon that part of Lot 14, Block 2, Manuel's Subdivision, Ramsey County, Minnesota as depicted on Exhibit A attached hereto and known by Property Identification Number 17.29.23.34.0110. Said temporary easement expires on July 15, 2015. STATE DEED TAX DUE HEREON: NONE Dated this --3 y of , 2014. r William Tho pson STATE OF MINNESOTA ) SS. COUNTY OF I�as ) The foregoing instrument was acknowledged before me this 2014, by William Thompson, a single person, grantor. Notary P-tiblic NOTARY STAMP OR SEAL • =" Kevin John:1-31 ly - NOTARY PIC State of Minota ;<... My Commission Expire -7017 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9300 ? rl-� day of *114:11 ' li I f I` f - i1 I� f` i 1 W PROPOSED EASEIV4ENTS - 2395 LARPENTEUR CITY OF LAUDERDALE 2013 LARPENTEUR AVE W STREETSCAPE IMPROVEMENTS snte- �sN TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by Jenny Ortiz, a single person, Grantor, in favor of the city of Lauderdale, a Minnesota municipal corporation, Grantee. FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut or trim therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. Said easement is granted over, under, across and upon that part of Lot 19, Block 1, Manuel's Subdivision, Ramsey County, Minnesota as depicted on Exhibit A attached hereto and known by Property Identification Number 17.29.23.34.0233. Said temporary easement expires on July 15, 2015. STATE DEED TAX DUE HEREON: NONE Dated this 28"' day of February, 2014. 1 J y rti STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 28h day of February, 2014, by Jenny Ortiz, grantor. Notary Public NOTARY STAMP OR SEAL Kevin John :KeflyNOTARY PLIC State of Minota My Commission Expires1-2017 THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9300 EXHIBIT A TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by Barbara L. Eggers, a single person, Grantor, in favor of the city of Lauderdale, a Minnesota municipal corporation, Grantee. FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut or trim therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. Said easement is granted over, under, across and upon that part of Lot 18, Block 2, Manuel's Subdivision, Ramsey County, Minnesota as depicted on Exhibit A attached hereto and known by Property Identification Number 17.29.23.34.0114. Said temporary easement expires on July 15, 2015. STATE DEED TAX DUE HEREON: NONE Dated this 8 ' day of - F 6 roti c-,— i- _, 2014. Barbara L. Eggers STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 8 qday of 1--, v-c�c,r- , 2014, by Barbara L. Eggers, a single person, grantor. Notary Pu is NOTARY STAMP OR SEAL H Kevin John Kelly — A NOTARY PUBLIC State of Minnesota My Commission Expires 1 -M -2W THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9300 EXHIBIT A ul�io I /T,74— lL. /.. PROPOSED EASEMENTS - 2379 LARPENTEUR CITY OF LAUDERDALE 2013 LARPENTEUR AVE W STREETSCAPE IMPROVEMENTS DAZE 4(4/2014 SKJ TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by Croix Oil Company, a Minnesota Corporation, Grantor, in favor of the city of Lauderdale, a Minnesota municipal corporation, Grantee. FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, repairing, grading, sloping, and restoration and all purposes ancillary thereto, together with the right to cut or trim therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit construction materials upon the easement area and to deposit or remove earthen materials from the easement area. Said easement is granted over, under, across and upon that part of Manuel's Addition, Ramsey County, Minnesota as depicted on Exhibit A attached hereto and known by Property Identification Number 17.29.23.33.0080. Said temporary easement expires on July 15, 2015. STATE DEED TAX DUE HEREON: NONE Dated this 5 day of F, t,-� ,,, 2014. N Mark J. Ogren, President STATE OF MINNESOTA ) ) SS. COUNTY OF vJASJ4& i o d ) The foregoing instrument was acknowledged before me this �' `' day of 2014, by Mark J NOTARY STAMP `OR SEAL Ogren, President of Croix -fl' Company, grantor. Notary ublic THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9300 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date March 11, 2014 ITEM NUMBER _2430 Lar�penteur Purchase_ STAFF INITIAL APPROVED BY ADMMSTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: On Thursday the City received the "No Association Letter" from the Pollution Control Agency. This allows the City and the sellers of 2430 Larpenteur Avenue to proceed with the closing. As of Friday afternoon, I do not know the closing costs, just that the balance of the purchase price is $153,000. 1 expect to know more by Tuesday. I anticipate the closing will take place in the next two weeks. OPTIONS: STAFF RECOMMENDATION: Motion authorizing staff to transfer the balance of the purchase price of 2430 Larpenteur Avenue and the associated closing costs totaling (or not exceeding) COUNCIL ACTION: Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, Minnesota 55155-4194 1 651-296.6300 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn.us I Equal Opportunity Employer March 6, 2014 Ms. Heather Butkowski, City Administrator City of Lauderdale 1891 Walnut Avenue Lauderdale, MN 55113 RE: Former Rose Hill Service, 2430 Larpenter Avenue West, Lauderdale, MN MPCA Project Number VP30930 PIN 20-29-23-22-0017 No Association Determination Dear Ms. Butkowski: This letter is in response to the request from Bruce Schaepe of Peer Engineering, Inc. for a determination under Minn. Stat. § 11513.178 that certain actions proposed to be taken by the city of Lauderdale at the Former Rose Hill Service Site, located at the address referenced above (the Site), will not constitute conduct associating the city of Lauderdale with the release or threatened release of hazardous substances, pollutants, or contaminants at the Site for the purpose of Minn. Stat. § 115B.03, subd. 3(4) (2012). The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC) Program has reviewed the documents submitted for the Site. Historic documents indicate that the Site was a location of a gas station. The gas station building is still present on the Site. Testing done during the Phase II Environmental Investigation of the Site included collection of soil samples for Volatile Organic Compound (VOC), polycyclic aromatic hydrocarbons (PAHs) and Resource Conservation and Recovery Act (RCRA) metals. Metals were not detected above expected background levels. Measurable concentrations of diesel range organics (DRO) were found in soil in some locations on the Site. Soil vapor samples were collected and analyzed for VOCs. 1,3 -Butadiene, methylene chloride and tetrachloroethylene (PCE) were detected in soil vapor at concentrations exceeding the MPCA's residential Intrusion Screening Value (ISV) but less than the industrial ISV. Groundwater was not encountered in any of the borings. For the purposes of this letter, the identified release consists of PCE, TCE and methylene chloride in soil vapor (the Identified Release). Determinations regarding petroleum compounds can be made by the MPCA Petroleum Brownfield program. Based upon a review of the information provided to the MPCA VIC Program, and subject to the conditions set forth in this letter, a determination is hereby made pursuant to Minn. Stat. § 11513.178, subd. 1 that the proposed actions (Proposed Actions) as described in a letter from the city of Lauderdale to Ms. Stacey Hendry -Van Patton of the MPCA, dated January 30, 2014, will not associate the city of Lauderdale with the Identified Release for the purpose of Minn. Stat. § 1156.03, subd. 3(4) (2012). This determination applies only to the following Proposed Actions: • Purchase of the Site; • Implementation of environmental response actions at the Site under an MPCA-approved Response Action Plan; • Demolition of the existing building; • Construction of a commercial/retail/office structure with associated surface parking; and • Operation and maintenance of the commercial/retail/office building. Ms. Heather Butkowski, City Administrator Page 2 March 6, 2014 This determination is made in accordance with Minn. Stat. § 115B.178, subd. 1, and is subject to the following conditions: 1. The Proposed Actions shall be carried out as described in the Letter (or herein); 2. The city of Lauderdale shall cooperate with the MPCA, its employees, contractors, and others acting at the MPCA's direction, in the event that the MPCA takes, or directs others to take, response actions at the Site to address the Identified Release or any other as yet unidentified release or threatened release of a hazardous substance, pollutant, or contaminant, including, but not limited to, granting access to the Site so that response actions can be taken; 3. The city of Lauderdale shall avoid actions that contribute to the Identified Release or that interfere with response actions required under any MPCA-approved response action plan to address the Identified Release; and 4. In the event that any suspected hazardous substances are encountered during Site activities (i.e., demolition, grading, redevelopment, etc.), the city of Lauderdale shall notify the MPCA project staff immediately in order to determine appropriate handling, sampling, analysis, and disposal of such wastes. Pursuant to Minn. Stat. § 115B.178, subd.1, when the city of Lauderdale takes the Proposed Actions in accordance with the determination in this letter, subject to the conditions stated herein, the Proposed Actions will not associate the city of Lauderdale with the Identified Release for the purpose of Minn. Stat. § 115B.03, subd. 3(4) (2012). The determination made in this letter applies to the city of Lauderdale's successors and assigns if the successors and assigns: 1) are not otherwise responsible for the Identified Release at the Site; 2) do not engage in activities with respect to the Identified Release which are substantially different from the activities which the city of Lauderdale proposes to take, as described in the Letter (or herein); and 3) comply with the conditions set forth in this letter. Please be advised that the determination made in this letter is subject to the disclaimers found in Attachment A and is contingent on compliance with the terms and conditions set forth herein. If you have any questions about the contents of this letter, please contact John T. B. Betcher, Project Hydrogeologist at 651-757-2226 or at john.betcher@pca.state.mmus. Sincerely, Gary L.�eger, Supervisor Site Remediation and Redevelopment Section Remediation Division GLK:jmp Attachment cc: Bruce Schaepe, Peer Engineering, Inc. ATTACHMENT A DISCLAIMERS Former Rose Hill Service MPCA Project Number VP30930 1. Reservation of Authorities The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability The MPCA, its Commissioner and staff do not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. 3. Letter Based on Current Information All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. S. Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is intended to authorize any response action under Minn. Stat. § 115B.17, subd. 12. Page 1 of 1 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date March 11, 2014 ITEM NUMBER —St. Atkthony Police Contract STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: I recently met with Mark Casey, St. Anthony City Manager, and Bart Fisher, Falcon Heights City Administrator. St. Anthony is proposing the three cities work towards a longer-term police contract for the reasons he mentions in the following letter. I told the group I would bring the matter to your attention to get your feedback. Mark is tentatively scheduled to come to the April 22 council meeting to represent St. Anthony's perspective. At the end of the day, the issue is cost and how to handle that in a long-term contract. Some ideas were floated during our conversation and I will share more of that during the meeting. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 ® Fax: (612) 782-3302 ® www.ci.saint-anthony.mn.us February 28, 2014 Bart Fisher City Administrator City of Falcon Heights Heather Butkowski City Administrator City of Lauderdale 2077 Larpenteur Ave. W 1891 Walnut St. Falcon Heights, MN 55113 Lauderdale, MN 55113 RE: Long Term Police Contracts Dear Bart and Heather, We believe resiliency and sustainability are core attributes for which all cities strive. These elements span all aspects of a city's operation. Continuity of operations ensures continued functions of core city responsibilities over a wide variety of potential emergencies, along with the ability to perform day to day business. Our current model of contracting law enforcement services to Falcon Heights and Lauderdale has been very successful, and after 20 years of productive mutually beneficial services, begs for a longer-term contractual relationship that can accomplish several things: 1. Recognize our already long-term relationship. 2. Provide some stability and some assurances to all involved cities. 3. Stabilize the police department and help to recruit/retain qualified and experienced officers. All three cities mutually benefit from our current police contractual relationship, and all three cities can also benefit from a longer-term contractual relationship as well. Like private business, we all function better and more efficiency when there is stability within our business environment. Stability and strength are born from expectations, and when expectations can be reliably forecast, energy can be focused in areas of the greatest concern and benefit for the citizens we serve. In order to provide an appropriate level of comfort for all three cites, I proposed adding "re -openers" or triggers to the term portion of the contract. If none of the re -openers are not experienced, then the contract is automatically renewed. St. Anthony will continue to provide a budget and the annual meeting with the mayors would also continue. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. For discussion purposes, I would like to suggest the following re -openers: • 10% change of decrease State Aids • 5% change of increase wage & benefits • 5% change in increase capital mandates • 5% of decrease revenue or increased expenditures due to changes in Federal/State laws • Gross negligence Law enforcement is one of the most visible arms of city government, and is also the most expensive. Stabilization of this expense and forecasting this model years in advance will simply allow for a more resilient and sustainable financial relationship. This type of model will also allow the planning and consistency necessary to be as responsive to our tax payers as possible. Simply put, our existing long- term relationship could be effectively enhanced for all three cities with a long term contract. This would recognize our 20 year successful and mutually beneficial relationship and provide all three cities the financial stability for continuity of operations years into the future. If you two are agreeable to this concept, we can sit down and discuss the number of years for the contract and percentage of change that would trigger the re -opener. Please let me know when you wish to meet to review this proposal. Sincerely, Vo'� Cj"- Mark Casey City Manager CC: John Ohl, Chief of Police ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE March 11, 2014 Special Public Hearing ITEM NUMBER Music Under the Trees Report Discussion/Action STAFF INITIAL Jim Resolution Work session X APPROVED BY ADMINISTRATOR BACKGROUND: Staff discussed the precipitous drop-off in interest for this event and what should be done. A post -event discussion by the PCIC last year resulted in the following suggestions for this year: • Change the time to 6:30 p.m. so young families can attend and invite musicians that are Lauderdale residents. The Com- mittee also suggested discontinuing the event if attendance is low again next year. Staff thinks the Music Under the Trees event has lost enough interest that changes should be made this year. Staff has been brain -storming ideas based on the above suggestions and would like feedback on the following ideas: Cancel the event; or Try to arrange something for young families such as a puppet wagon, perhaps with snacks and crafts, or face painting. (If you like this idea, we would need help from some volunteers). I informed the PCIC members via email staff would be seeking direction from the Council on how to proceed, and asked them to respond with their thoughts. As of Friday, I had not yet received any feedback. OPTIONS: 1) Plan Music Under the Trees with the same format as previous years. 2) Change the format from previous years. 3) Discontinue the event altogether. STAFF RECOMMENDATION: None. COUNCIL ACTION: