The URL can be used to link to this page

Home My WebLink About09/09/2014IN 47, mr L-Z-fi U AGENDA LAUDERDALE CITY C0UNA`IL MEET kff 7:30 P.M. TUESDAY, SEPTEMBER 9,2014 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. II tl=11711 511 1'1111 111 1 3. APPROVALS a. Agenda b. Minutes of the August 26, 2014 City Council Meeting c. Claims Totaling $90,058.93 4. CONSENT a. PLIC Minutes 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Ramsey County Sheriff Matt Bostrom b. Lauderdale - Falcon Height 5K Fun Run / Walk — September 13 c. Farmer's Market — September 18 111-WAJ Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Issuance of Conduit Financing — Eldercare Project b. Luther Seminary Preliminary Plat 8. DISCUSSION / ACTION ITEMS a. Resolution 090914A Regarding the Issuance of Conduit Financing — Eldercare Project b. Luther Seminary Preliminary Plat c. 2015 Preliminary Levy and Budget d. Recycling Contract Amendment e. License Agreement with the Owners of 1773 Fulham Street for a Retaining Wall and Fence IM N' FA J1. 11. SET AGENDA FOR NEXT MEETING a. 2015 Budget and Preliminary Levy b. Luther Seminary Final Plat c. July Finances and Quarterly Investment Report 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 sub . ect to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Community Development Update LAUDERDALE CITY COUNCI MEETING MINUTES I Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page I of 3 August 26, 2014 Mayor Dains called the City Council meeting to order at 7:31 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Lara Mac Lean, Denise Hawkinson, and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant City Administrator; and Kevin Kelly, Deputy City Clerk. M-ayor Dains asked for changes to the meeting agenda. Mayor Dains added the Day in thl!o FO -ark event to the agenda. Councilor Gaasch moved to approve the agenda. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Gaasch moved to approve the August 12, 2014 City Council meeting minutes. Councilor Hawkinson seconded the motion and it passed unanimously. Councilor Hawkinson moved approval oft a claims totaling $37,932.70. Councilor Gaasch seconded the motion and it passed unanimously. Mayor Dains asked if any Councilors wished to remove items from the Consent Agenda; none did. Councilor Gaasch moved to approve the Consent Agenda thereby approving Agreement 201 -31 with Ramsey County forte Larpenteur Avenue Sidewalk Project and the sale of donated items. Councilor Mac Lean seconded the motion and it passed Informational Presentations. - Day in the Park Mayor Dains thanked all the PCIC members and citizen volunteers who helped out at Day in the Park on August 16. The Council agreed and stated a good time was had by all that attended the event. Discussion Items. - Revisions to the Larpenteur Avenue Improvement Project Butkowski explained that Darren Amundsen, the City Engineer, and the Rice Creek Watershed District interpreted the Watershed District's rules differently for the Larpenteur Avenue sidewalk project. Ultimately, the impact to the project is the addition of a five foot boulevard in the area of the Brandychase Condominiums in order to meet watershed district rules. Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 August 26, 2014 Agenda items for the September 9 Council Meeting may include a discussion of the 2015 budget, review of the Luther Seminary preliminary plat, the Eureka Recycling Contract, the Public Hearing on the issuance of conduit debt, and the July Financial Report. 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. Luther Seminary Re plat Ron Batty, the City Attorney, addressed the Council regarding the re -plat of the Luther Seminary property. Batty stated the land was previously going to be divided into four lots, but for simplicity, the land now was going to be divided into two parcels. The Seminary will be retaining the conservation land and selling the parcel with the multi -family housing. Batty stated the area being retained by Luther Seminary is zoned for conservation. The buyer and seller are discussing whether easements providing for water and sanitary sewer utilities should be provided for the conservation lot. The City Council is also being asked to weigh in. After discussing the matter, the Council decided not to require easements for water and sanitary sewer to be platted as the City Council does not plan to change the conservation zoning. Ron Batty stated Ramsey County is reviewing the plat. Butkowski stated that a public hearing on the preliminary and/or final plat may be held at the next Council Meeting on September 9, if the County had completed their review. Agreement with the owners of 1773 Fulham for a retaining wall and fence Butkowski introduced a draft license agreement for a replacement retaining wall and fence at 1773 Fulham Street. The Council agreed that the preliminary agreement looked acceptable. Butkowski stated she will send the draft to the owners' for their review. 2015 Budget Butkowski explained that the assessed values of residential property have increased in Ramsey County including Lauderdale. The median valued home for 2015 is $175,000 or seven percent higher than in 2014. LAUDERDALE CITY • MEETING MINUTES I Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 August 26, 2014 Butkowski stated that Local Government Aid to the City was increasing slightly and the fiscal disparities funding was increasing by $8,142 in 2015. The largest increase in expenditures will be for police services which are increasing by $17,305. The City budget is expected to increase by 1.48% or $18,173. Butkowski explained the data she provided to the Council regarding the costs to households for different levy increases. Butkowski said a 2.3% levy increase was needed to balance the budget but the increase felt by the local tax payers was 1.28% due to the fiscal disparities funding increase. The Council asked staff to draft a budget with no increase in the levy for discussion at the next meeting. The City has until the end of September to adopt the 2015 preliminary levy. There being no further business on the council agenda, Councilor Gaasch moved to adjourn the meeting. Councilor Hawkinson seconded the motion and it carried. The meeting adjourned atp.m. Respectfully submitted, Kevin Ke Deputy City Clerk CdYiLiT��11�7�:U7e1�d a, Ali, • I rill Pa 08/29/14 Payroll: Direct Deposit # 501853-501862 �08/29/14 Payroll: Payroll Liabilities, e -payments 916E -919E IVendor Claims $97043.97 $87342.78 Total Claims f®r Approval $969058.68 C"'ITY OF LAUDERDALE 08/27/14 1:43 PM Page 1 *Claim Register@ 082914pyrll AUGUST 2014 - --------- ------------- - ----------- - --- -------------- ---- ------------------ ------------- - ----------- -,-,--"- ----------------------- --------- ------------------- -- - -------------- ------------------------- --- - --- ------- ---------- - --------------- ----- ------------------- ----- - - -- --------- - ---------- - ------- ---- ---------------- ----------------------------- 1-1- ------ - ---------- Claim Type Direct ------------------ --- ------ -------------------- ----- - -- -------- -- - ----------------- ---------- -- ----- ------- - ---------- ---------- Claim# 4158 NORTH STAR BANK, CHECKING ST Ck# 000916E 8/27/2014 Cash Payment G 101 -21701 FEDERAL TAXES 08/29/2014 Payroll $17237.77 Invoice Cash Payment G 101-21703 FICA WITHHOLDING. 08/29/2014 Payroll $27171.38 Invoice Transaction Date 8/27/2014 Due 0 - ------- --------------- ------------- - ----------- -- - -------- ------------------------------------ ------- ------------- NORTH STAR CHE 10100 - ------------------------------------ ---------- - ------ - ------------ ------------------------ Total ---- -------- -- - ------------------------------- ---------------- - - $31409.15 ---- ------ ____" ---------------------------------- - -------------------- _ I ------ - ----- - ----- ----------------------------- I --- - --- --- - ---- --- ------- ----------------------- ------ --------- Claim# 4159 1CMA RETIREMENT TRUST - 457 ----- --- - ------------------------------------------------------------------------------ ----------- -------------------------- Ck# 000917E 8/27/2014 ----- --------- --------- --------------- ------------- ---------- --- -------------- Cash Payment G 101-21705 ICMA RETIREMENT 08/29/2014 Payroll $1,438.16 Invoice Transaction Date 8/27/2014 Due - ----------------- ----------- ------- -- ---- ------------- - --------------------- ----- - ------------- -------------------- - ------------------- ------------ - ----------- -- - NORTH STAR CHE 10100 ----- ------------ --- ------------- - --- ---------------- I, ------ 1-'-__1,__-,1-,,1 ----- ------- - ----------- - ------------ Total ------ -------------------------------- ------------------ $1,438.16 -- ----------- ------------, -- --- -- ---- -- -------------- ---------- - ---------- I ------------ ------- -------------- - -- - ---------- Claim# 4160 PERA ------------- --------- --_1 ----- I -------- --------------- --------- I -------- - I ------------- ---------------------- Ck# 000918E 8/27/2014 -- ----- -1-1 ------ -------- -, ------- -------- ------------ Cash Payment G 101-21704 PERA 08/29/2014 Payroll $1,730.31 Invoice Transaction Date 8/27/2014 Due 0 - ------- ----------------- - ---------------------------- - --------- NORTH STAR CHE 10100 ------ ----------- ---------------------- --------------- - ------------------------------------ Total - ------------ $1,730.31 ----------------- :--:: -------- ::: -------- - ---------------------- I-- --- Claim# 4161 MN DEPARTMENT OF REVENUE I :_: --------------------- Ck# 000919E 8/27/2014 ------- ---------- Cash Payment G 1 01-21 702 STATE WITHHOLDING 08/29/2014 Payroll $1,765.16 Invoice Transaction Date 8/27/2014 Due 0 : _. -------- ------ - -- ----------------- ---------- -- ------------ ------ NORTH STAR CHE 10100 ----------- ------------------------- --- - ---- ------ ----- ------------ Tota 1 ----------- - ------- $17765.16 -- --- ------- ------ : -- ------ -,-:_'� Claim Type Direct I Tota -- $8,342.78 Pre -Written Check $8,342.78 Checks to be Generated by the Compute $0.00 Total $8,342.78 CITY OF LAUDERDALE 09/05/14 2:53 PM Page 1 SEPTEMBER 2014 - - - -------- __ - - - - --------- - ------ - - --------------------- - -- --- - -- --------------- ------------------------ - - -------- ------------------ Check Amt - ------- Invoice Comment - ------- - - - - --- - -------------------- - - -------- ------- -------- ------------- -- - --------------- --------- ------- - -------------- --------------- --- ---------- ------ -------------------- -------- -- -------------- ---------- -------- I -- ----- --- ------- ----------- - ----- 10100 NORTH STAR CHECKING _.- ----- ----- ------ -- --------- --------- --- --------- - --------- ------------ ----------------- ----- -- ----------------- ---------------------- --- ------ -------- ---- - -------------- ------- ------- ------------- - ----- -------------- - Paid Chk# 02--24-0--J 4----- --------------9-/-- - --------- ------ ---------------- ------ -9---/--2-0-----1-- 4 AFSCME G 101-21709 UNION DUES $111.38 8/14 Union Dues Total AFSCME $111.38 --------- - ------------- -Paid Chk# 022405 -------------- ------ ------------- 9/9/2014 BLUE CHIP TREE CO., INC. E 101-43000-317 TREE SERVICE $6,000.00 Removal of 8 trees on City property Total BLUE CHIP TREE CO., INC. $6,000.00 ---------------- - - P�a_i_d_ Chk#022406 -----'-'----- ----- ------------------- - - ------ --------------------- - -- --------- ------ ----------- - ------ ----------------------- -- -------- -- -------------- -- ------- __ ---------------- ---- - -- -------------- §/9__ -1 4 ----------------------- B ------ R- -0 ----- - C__K__WHITE COMPANY, LLC. __ ------------------ --------------- -------- -------------- ----- ------------ - --- _-11 -------- ------- 1-1-1-11 ----------- ---- - -- ---- - ------------- - --------------- ----------- --- ---------- ------------- - - -------------- --------- ---------------------- - ----------- ------ E 101-45200-201 GENERAL SUPPLIES $180.20 2 Archery Bales Total BROCKWHITE COMPANY, LLC. $180.20 ------ -------------- ---------------------- - - -------------------- ------------- Paid Chk# 022407 ----------- ----------- - ----- ---------------- 9/9/2014 CITY OF ROSEVILLE ----- -------------- - ------- ------- ------ ---------------------------- -------- ------ ------- ------ ------- ------- - -------------- --- ---- ------------------- --- - - ------------------ -- ------- ------ ---- ----------- E 101-41200-306 CONSULTING FEES $635.67 9/14 Phone and IT Services E 101-41200-391 TELEPHONE/PAGERS $85.00 9/14 Phone and IT Services Total CITY OF ROSEVILLE $720.67 :__� ---------- - -- - ------- - ---------------------- - -------- ------- I Paid Chk#8 ------------- ------- -_11 ------ -1-1-- ----- ----- - ------------- --- -9 ---- / --- 9/ --- 2,014 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $51,423.42 9/14 Police Contract Total CITY OF STA THO Y $51,423.42 ----------- - ------ ------ ----------- Paid Chk# 022409 ---------- ------------------ -- ---------- - ----------------- 1--l- ---------------- -1 -------------------- 9/9/2014 CITY OF'ST PAUL --------------------------- -------- -------------- -------- ---------------- -------- --- ------------ -- -------- ------------- ------------ ------ E 101-41500-201 GENERAL SUPPLIES $114.92 Ramsey County Election Materials Total CITY OF ST PAUL $114.92 ------------------- - - ------------- ------------------ - ---------- Chk# --------- _-11-1-1 ------- Paid Chk# 022410 ---- ----- ----------------- ----------- -- --- ------------ I --------- 11 -- ---- ---------- --- - ----------------- - ------------------------------------------------------------------- ------- -------------- 9/912014 GLTC PREMIUM PAYMENTS --------------- -------------- G 101-21706 HEALTH INSURANCE $50.90 7/14 Long Term Care Plan Total GLTC PREMIUM PAYMENTS $50.90 ------- ---- Paid Chk# 022411 ------------ ------------ - I -------------------------- - ----------- - ------------ --------- 9/9/2014 GOPHER STATE ONE -CALL ---- - ---- - ------ -- - ------------------------------------- - - ----- - -- - - ----- --- -------------- --------------------- -------- ------ ---------- ---- - E 101-43400-386 GOPHER STATE ONE CALL $39.15 8/14 Locates Total GOPHER STATE ONE -CALL $39.15 -- ------------------ ------- ------- --------------- -- - --------------------- --------------- Paid tfiki ---- 022412 - ------- - --- ------ 9/9/2014 HOME DEPOT CRC --- --- -- -------- - ---------- ----------- E 201-45600-377 DAY IN THE PARK $72.98 DIP Supplies - Poly Sheeting Total HOME DEPOT CRC $72.98 Paid Chk# 022413 ------------------ 9/9/2014 HUGHES AND JOSEPH --- --- -- ---- - ---- ---------- E 101-41500-300 LEGAL FEES - PROSECUTING $850.00 8/14 Legal Fees Total HUGHES AND JOSEPH $850.00 ---- -------- --------- Paid ------ - ----- ------------------ -------------------------------- Paid Chk# 022414 ---- --- ------------------- 1-1--1 ------ ----- _1 I ------ - - -- ------------- --------------- ---------------- --------- -------------- ---- 1-1 ------ -------------- 9/9/2014 KONICA MINOLTA 11____11__�___111__: ---- --- -- --- ---- --------- ---------------- : ---------- -- -- ----- ----------- E 101-41200-401 COPIER CONTRACT $195.65 Konica Minolta Copier Pay Off Total KONICA MINOLTA $195.65 --- --------- -- ------ ---------- ----------------------------- ---- --------------------------------- -------------- - -------- 11-11 ------------------ Paid Chk# 022415 -- ----------------------------- -- --------- :: ------ ----- ------------------------ I -- ------- - -- ------------------- ------------- --------- --------------- -------- -- - ----------------------------- _ 9/9/2014 LILLIE SUBURBAN NEWS ------ E 101-41100-352 PUBLIC INFO NOTICES $235.00 Public Notices - TIF Disclosure & Luth. Seminary Plat CITY OF LAUDERDALE 09/05/14 2:53 PM Page 2 SEPTEMBER 2014 ---------------------- -- ------------- -- -- - ------------ - ---------------------------------------- ------- I - --------------- --- ------ -- --- -------- - ----- - -- - ---------- ---- -- ------------------ Check Amt ----- ---- -- ------ ------------ - 1-1 ------- Invoice Comment -- - -------- ---- - -- ---------- ---- --- ------- ------- ------- -------- - - -------- - - -------------------- --------------------- --- ------- -------- ----- ----- ----- -- --------- ------------ 1-1---- ---- - ------------ --------------------- ---- ------- - -------------------- ---------- I ------ - ------------ 1-1 --- ----- Total LILLIE SUBURBAN NEWS $235.00 ---------------------------- ---------- -- ---------- -- --------- ---------------------- -- ------------- ---------- --- ----- I ----- --- - ------- - - ----------- - ---------- --------- ------- ---- --------- -------- - ----------- ---------------- ------------ --- Chk# - -- ------------ - ---- ---------------------------------------------------------------------------------------------------------- Paid Chk# 022416 ---------- -- ------------------ - ------------------------------------------------------- -- - ------------ --------- 7: ------- 9/9/2014 LMC -- ------ - ---- - --------- --------- - E 101-41100-438 DUES & SUBSCRIPTIONS $2,506.00 2014 Annual Membership Dues Total LMC $2,506.00 --------- - ------ ----------------------------- Paida dl--,---C--hlk -1-1- ---- --------------- i 022417 ------------ - -------- - -------- ----- ------------ -------- - -- ----------- :: -------- ---- ---- ------ --------- ------------ -1---1 - -- ------------ -- : I ---------- --------- 7 ------------- 9/9/2014 MET COUNCIL ENVIRONMENTAL SER. ---------- ------------ - ------ 7 ------ ------------- ---- - - ------ --- ---- --- --- ---- - E 601-49000-387 WATER TREATMENT SERVICE $10,281.21 10/14 Waste Water Treatment otal MET COUNCIL ENVIRONMENTAL SER. $10,281.21 ---- -------- - ----- -------------- ------- ----------------- ---- -- Paid-Chk# 022418 ------ : ----------- = -- ------------- ---- ---------------------------------------------------------- -------------- ------ ------------------_ _ ---- 9/9/2014 NMAYORS ASSOCIATION E 1 01-41 1 00-438 DUES & SUBSCRIPTIONS $30.00 2014 Mayors Association Dues Total MN MAYORS ASSOCIATION $30.00 Paid -------------- --------------------------------- ----- Paid Chk# 022419 --------- - ---- -- ---- -------------------- - ---- ------------ ---------- ------------ ------------ ------------- ----------- ------ 9/9/2014 ON SITE SANITATION E 101-45200-427 PORTA POTTY RENTAL $125.00 8/14 Portable Restroom Total ON SITE SANITATION $125.00 ----- ---- - -------- P'a-id--"Chk# 022420 ---------------- ---------- 9/9/2014 RAMSEY COUNTY, PROP REC & REV - - ---------- -- G 101-21706 HEALTH INSURANCE $440.96 9/14 Employee Insurance E 101-42100-355 MISC PRINTING/PROCESS SER $6.24 8/14 800 MHz radio license E 101-41200-355 MISC PRINTING/PROCESS SER $25.00 9/14 Employee Insurance E 101-42100-318 911 Dispatch $1,172.89 8/14 911 Dispatch Total RAMSEY COUNTY, PROP REC & REV $1,645.09 ----------------------------- ---------- ---------- --1 ---- ------------ --11 --------- I -------------------------- Paid Chk# 022421 - ------------------ ---- ---------------- ----- - ---------- ------------- --------- -- ------ I ------ ---------- - ---------- 9/9/2014 SCHWAAB, INC -------- ----------- ------- - ----- = ----------- :.- - ------ ------ - ---------- -------- - -- ------ ----------- -------------- ------- - --- ------ --- ----- ------------- .. - --------- ------ E 101-41200-201 GENERAL SUPPLIES $37.50 Notary Stamp - JB Total SCHWAAB, INC $37.50 ---------------------------------------- -------------- --- ------ ---- ----------- Paid ------ - C--h'k ---- b --- 2 ---- 2-4122 - ------ -------------------- 9/9/2014 STANTEC -------------------- ------------------------------- -- ------------------- ------- ------ ------ ------------------ - ----- --------------- --- E 101-43400-306 CONSULTING FEES $148.00 Varience Review E 405-48500-325 LARPENTEUR AVE IMPROVEM $2,716.25 Larp. Avenue Project E 405-48500-327 OTHER SERV- SEWER/NPDES 1 $592.00 Sewer Lining Project G101-22225 LUTHER SEMINARY ESCROW $111.00 Luther Seminary Plat Total STANTEC $3)567.25 ----- -------------- -- 11 -------- ---------- - ----- ----------------- ---- - ------ -- -------- --------- ---------- Paid Chk# 022423 9/9/2014 WASTE MANAGEMENT ------------- ------ ------ ------- ----------- E 101-43000-384 REFUSE DISPOSAL $217.24 9/14 PW Dumpster Total WASTE MANAGEMENT $217.24 ----------- = ---- ------ -- --- ----------- -------- -- ----------------------- Pa - -022424 ----------------:-----: - 9/9/2014 XCEL ENERGY, 2430 LARPENTEUR ------ I-------- ------------------ E 101-43000-381 ELECTRIC $22.22 8/14 Utilities Total XCEL ENERGY, 2430 LARPENTEUR $22.22 -- -------------------- --------- ---------- : Paid Chk# 022425 ------ : ------- = ------- ---- - ------ ------------ - --- - ---- ---------------------------- 9/9/2014 XCEL ENERGY, CITY HALL ------------------- -- ---- --- E 101-43000-383 GAS UTILITIES $29.18 8/14 City Hall Utilities E 101-43000-381 ELECTRIC $176.42 8/14 City Hall Utilities Total XCEL ENERGY, CITY HALL $205.60 CITY OF LAUDERDALE 09/05/14 2:53 PM Page 3 SEPTEMBER 2014 - - - --- --------- ------ 11-11- ---- - ------ "I ---- - ----------------------- - ---------------- ----- ---------- - -------- - -------------- Check Amt Invoice Comment ------ -------- ------- - - ------------- ---- --------------- --- ---------- ----- ------------------ -------------------- - ---- ----------------- -------- ------ - -------------------------------------- ---------- ------------------------------ ---------------- I ------------- I -------- ---- ---------- - ----------------- --------- - --- --- ----- ---------- --- --- -------- ------------ ------- __ ------------------- -------------------- - ---------- ------ - - ------ ---- ------ ---- -- ---------- ----------- ------- ----- - ------------- -- - ------ ----- ---- --------- ---- - -- --- ----- - ------ Paid Chk# 022426 9/9/2014 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $40.55 8/14 Bridge Lights Total XCEL ENERGY, STREET LIGHTING $40.55 10100 NORTH STAR CHECKING $781671.93 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $65,009.49 201 COMMUNITY EVENTS $72.98 405 TIF -PROJECTS $3,308.25 601 SEWER UTILITIES $107281.21 $78,671.93 08/04/14 PCIC Minute] MINUTES --IFN MONDAY , A UGUS T 4, 2014 PARK & COMMUNITY INVOLVEMENT COMMITTEE Eisenschenk called the meeting to order at 6:32 2. ROLL CALM • Present: Matt Eisenschenk, Monica Gallagher, Dan Murphy, Marilyn Smith, Susie Zahratka Members Absent: April Brandt, Annie Downing, Nate Downing, Staff & Council Present: Jim Bownik *thers Present: Gallagher motioned to approve the agenda, second by Zahratka. Motion carried • 4. APPROVAL OF MINUTES OF APRIL 14,2014 MEETING Smith motioned to approve the minutes, second • Zahratka. Motion carried • Zahratka motioned to approve the minutes, second by Eisenschenk. Motion • • 61 uza M A. MN Night to Unite (Tuesday, August 5) Bownik reported nine block parties are registered for MN Night to Unite this yea This compares to 10 last year. The City will provide barricades and street close • A list of •• parties and a map of the locations was provided. i B. Farmers Market (July 17, August 21, September 18, 4-7 p.m.", :• and Zahratka reported Lauderdale's first farmers market was July 17. There were five vendors with chicken, herbs, eggs, etc. Two more are scheduled for August 21 and September 18, from 4-7 p.m. The Sassy Spoon will provide the food again. Music was not budgeted for the last two, but we found musicians that are willing to play for free. Running Riot will play in August, and Blue Stratum in September. 1 Alk C. Music Under the Trees Wrap Up Bownik reported Cathy Victorsen and Jane Strauman played the harp and flut at the event, which was sponsored by the Lions Club. The Sassy Spoon food truck provided the food and had sales of $765. 1 A. Day in the Park Planning (2 of 2) (Saturday, August 16, 12-3 p.m.) The Committee discussed final details for the event including food, music, and activities. Set up will begin at 10:30 a.m. Bownik reported new additions this year include a balloon animal artist. Zahratka and Brandt helped arrange for the food truck and ice cream truck. The food truck, Gastrotruck, asked for a guarantee of sales. They asked for a guarantee of $1000, but they agreed to $750. If they do not make $750 in sales the City would need to cover the difference. Volunteers are still needed for set up and other stations. Eisenschenk, Gallagher, and Smith agreed to help set up the water slide, monitor the water slide, and monitor the bounce house. Gallagher, Murphy, Zahraktka, and Brandt (via email) said they could help with general setup. B. Fun Run Planning (1 of 1) (Saturday, September 13) Bownik reported on the event and asked for volunteers. Gallagher indicated she may be able to help again, as did Brandt via email. ' Bownik opened the discussion about electing a committee chaIirperson. Bowni explained that it is suggested to rotate the committee chairperson annually, but past practice indicates a rotation does not always* take place. No members brought forth a new nomination. Eisenschenk indicated he is willing to remain committee chairperson. Murphy motioned to nominate Eisenschenk for committee chairperson, second by Gallagher. Motion carried unanimously. Murphy then motioned to close the nominations and cast a,unanimous vote electing Eisenschenk as committee chairperson. Motion carried unanimously. The Committee congratulated Eisenschenk on being re-elected as committe chairperson. i 0 • PCIC Minutes Murphy mentioned he would like to see a second dog park for small- • • 0'x 20. • qi 119MA, I •• Bownik read the preliminary agenda for the next meeting. 9. SET DATE FOR NEXT MEETING The committee meets on Mondays at 6:30 p.m. The next meeting will b Monday, September 15. 1 • motioned to adjourn the meeting, second • Gallagher. Motion carried unanimously and adjourned at 7:50 p.m. Jim • Assistant City Administrator / PCIC Staff Liaison LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action _X Resolution Work Session Meeting Date September 9, 2014 ITEM NUMBER Conduit Bonds STAFF INITIAL APPROVED BY ADMINISTRATOR Julie Eddington, of Kennedy and Graven, will be at the meeting to answer any questions of the Council regarding the City's participation in securing bank qualified (BQ) debt for a sen- ior project in northeast Minneapolis. She also prepared a memo. outlining the request being made of the City and a resolution for Council consideration. Mike Shasky, CFO of Catholic Eldercare, will also be at the meeting in case there are any questions. At the August 12 meeting, the Council decided to hold the public hearing regarding the issu- ance of the City Note on September 9. As usual, the Council will open and close the public hearing and take comment from attendees. After, the City Council is being asked to consid- er the attached resolution which provides preliminary approval for the issuance of the City Note and documents the public hearing. Julie had originally expected that the City Council would be considering a resolution giving final approval at Tuesday's meeting. As she mentions in the letter, there is a potentially his- toric building on the site where the facility is to be built and so the planning process in Min- neapolis has been delayed. Once this issue is resolved, the City Council will be asked for final document approval. The Borrower still anticipates closing on the Note issue this year, but later in the year. 11111 111 11iiq I 11� 11��1 11 i i 1 1 , Motion to adopt Resolution 090914A — A Resolution Regarding the Issuance of a Revenue Note for the Benefit of Catholic Eldercare and Taking Actions Related Thereto. Offices in 470 U.S. Bank Plaza 200 South Sixth Street K`Minneapolis Minneapolis, MN 55402 (612) 337-9300 telephone Saint Paul (6 12) 337-9310 fax www.kennedy-graven.com C 44 A R St. Cloud Affirmative Action, Equal Opportunity Employer JULIE A. EDDINGTON Attorney at Law Direct Dial (612) 337-9213 Email: jeddington@kennedy-graven.com September 4, 2014 Heather Butkowski City Administrator, City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Re: Resolution providing preliminary approval for the issuance of the revenue obligation proposed to be issued by the City of Lauderdale for the benefit of Catholic Eldercare Dear Heather, As you know, Catholic Eldercare, a Minnesota nonprofit corporation (the "Borrower"), has requested that the City of Lauderdale (the "City") issue its revenue obligation in the maximum principal amount of $10,000,000 (the "Lauderdale Note"), pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended, and Minnesota Statutes, Chapter 462C, as amended. In addition to requesting that the City issue the Lauderdale Note, the Borrower has proposed that the Minneapolis Community Development Agency (the "MCRA") issue a revenue obligation in the maximum principal amount of $5,000,000 (the "MCRA Note") and that the City of Mounds View, Minnesota (the "City of Mounds View") issue a revenue obligation in the maximum principal amount of $4,000,000 (the "Mounds View Note"). The City Council is being asked to adopt the attached resolution on Tuesday, September 9, 2014, following the public hearing, which provides preliminary approval for the issuance of the Lauderdale Note. The attached resolution also approves the submission of an application to the Minnesota Department of Employment and Economic Development for approval of the new costs of the Proj ect described below. If the City agrees to issue the Lauderdale Note, the Borrower will use the proceeds of the Lauderdale Note, along with the proceeds of the MCDA Note and the Mounds View Note, to (i) finance the acquisition, construction, and equipping of a transitional care unit consisting of the addition of 24 skilled nursing beds to the existing 150 -bed skilled nursing facility (the "TCU Facility") located at 900 2nd Street NE in the City of Minneapolis (the "City of Minneapolis"); (ii) fund capitalized interest on the Lauderdale Note, the MCDA Note, and the Mounds View Note (collectively, the "Notes") during construction of the TCU Facility; (iii refund the outstanding Variable Rate Demand Multifamily Housing Revenue Bonds (St. Hedwig's Assisted Living Project), Series 2002 (the "2002 Assisted Living Bonds"), issued by the City of Minneapolis on December 23, 2002, in the original aggregate principal amount of $7,,570,000; (iv) refund the outstanding Variable Rate Demand Nursing Home Revenue Refunding Bonds (Catholic Eldercare Project), Series 2002 (the "2002 Nursing Home Bonds"), issued by the City of Minneapolis on December 23, 2002, in the original aggregate principal amount of $9,580,000; (v) refinance certain outstanding taxable indebtedness of the Borrower; (vi) fund required reserves for the Notes, if any; and (vii) pay the costs of issuing the Notes (collectively, the "Project"). The City of Minneapolis loaned the proceeds of the 2002 Assisted Living Bonds to Catholic Eldercare Community Services Corporation II, a Minnesota nonprofit corporation and an affiliate 449408vl JAE MN475-38 of the Borrower, to finance the acquisition, construction, and equipping of a 71 -unit assisted living facility located at 2919 Randolph Street NE (commonly known as RiverVillage East) in the City of Minneapolis. The City of Minneapolis loaned' the proceeds of the 2002 Nursing Home Bonds to the Borrower to (a) refinance the acquisition, construction, and equipping of the 150 -bed skilled nursing facility located at 900 2nd Street NE (commonly known as Catholic Eldercare on Main) in the City of Minneapolis; and (b) refinance the acquisition, construction, and equipping of a 51 -unit assisted living multifamily rental housing facility located at 909 Main Street NE (commonly known as MainStreet Lodge) in the City of Minneapolis. The facilities financed and refinanced with the proceeds of the Notes will be owned and operated by individual affiliates of the Borrower. The Lauderdale Note is proposed to be privately placed with Northeast Bank (the "Lender"). If the Lauderdale Note is authorized to be issued by the City Council, it will be issued as a conduit revenue bond secured solely by the revenues derived from a loan agreement (the "Loan Agreement") to be executed by the City and the Borrower and from other security provided by the Borrower. The Lauderdale Note will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by any taxing power of the City. The Lauderdale Note will not be subject to any debt limitation imposed on the City and the issuance of the Lauderdale Note will not have any adverse impact on the credit rating of the City, even in the event that Borrower encounters financial difficulties with respect to the facilities to be financed and refinanced with the proceeds of the Lauderdale Note. The Lauderdale Note is proposed to be issued as a tax-exempt obligation, the interest on which is not includable in gross income for federal income tax purposes. Tax-exempt obligations are usually not eligible for purchase by banks and other financial institutions, but Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), permits each issuer of tax-exempt obligations to designate up to $10,000,000 of tax-exempt bonds as "qualified tax-exempt obligations" (sometimes referred to as "bank -qualified bonds") that are eligible for purchase by banks and other financial institutions. In order to issue bank -qualified bonds, the issuer must not expect to issue more than $10,000,000 of bonds (other than private activity bonds that are not qualified 501(c)(3) bonds) in a calendar year. The Borrower has requested that the City designate the Lauderdale Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code. Under the terms of the Loan Agreement, the Borrower will pay all of the City's fees and expenses and pay the City its administrative fee required for bond issuance. The Lauderdale Note was intended to be issued in October but the time schedule has been delayed due to some planning issues that have arisen. There is a potentially historic building on the site where the TCU Facility will be built which may need to be moved, and planning approvals have been delayed until this issue is resolved. The Borrower still intends to close this year, but the drafting of note documents has been delayed until this issue is resolved. We will ask to come back to the City Council once this issue is resolved to obtain final approval for the documents related to the Lauderdale Note. I will attend the City Council meeting on September 9, 2014, and can answer any questions that may arise during the meeting. Please contact me with any questions you may have prior to the City Council meeting. Sincerely, Julie A. Eddington 449408v1 JAE MN475-38 2 RESOLUTION REGARDING THE ISSUANCE OF A REVENUE NOTE FOR THE BENEFIT OF CATHOLIC ELDERCARE AND TAKING .4,CTIONS RELATED THERETO BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Industrial Development Act"), the City is authorized to issuerevenue bonds for the following purposes: (i) to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Industrial Development Act as any properties, real or personal, used or useful in connection with a revenue producing enterprise; and (ii) to refund, in whole or in part, bonds previously issued under the authority of the Industrial Development Act and interest on such bonds. 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Housing Act"), the City is authorized to issue revenue bonds to provide funds to finance or refinance multifamily housing developments (including nursing and assisted living facilities) located within the City or outside of the City pursuant to an agreement with the host city. 1.03. Catholic Eldercare, a Minnesota nonprofit corporation, or any of its affiliates (the "Borrower"), has proposed that the City issue its revenue note, in one or more series (the "Lauderdale Note"), in an aggregate principal amount not to exceed $10,000,000. The Borrower has proposed to apply the proceeds of the Lauderdale Note, along with the proceeds of a revenue note (the "MCDA Note") proposed to be issued by the Minneapolis Community Development Agency (the "MCRA") in an aggregate principal amount not to exceed $5,000,000 and a revenue note (the "Mounds View Note") proposed to be issued by the City of Mounds View, Minnesota (the "City of Mounds View") in an aggregate principal amount not to exceed $4,000,000, to (i) finance the acquisition, construction, and equipping of a transitional care unit consisting of the addition of 24 skilled nursing beds to the existing 150 -bed skilled nursing facility (the "TCU Facility") located at 900 2nd Street NE in the City of Minneapolis (the "City of Minneapolis"); (ii) fund capitalized interest on the Lauderdale Note, the Lauderdale Note, and the Minneapolis Note (collectively, the "Notes") during construction of the TCU Facility; (iii) refund the outstanding Variable Rate Demand Multifamily Housing Revenue Bonds (St. Hedwig's Assisted Living Project), Series 2002 (the "2002 Assisted Living Bonds"), issued by the City of Minneapolis on December 23, 2002, in the original aggregate principal amount of $7,570,000; (iv) refund the outstanding Variable Rate Demand Nursing Home Revenue Refunding Bonds (Catholic Eldercare Project), Series 2002 (the "2002 Nursing Home Bonds"), issued by the City 449041v1 JAE N4N475-38 of Minneapolis on December 23, 2002, in the original aggregate principal amount of $9,580,000; (v) refinance certain outstanding taxable indebtedness of the Borrower; (vi) fund required reserves for the Notes, if any; and (vii) pay the costs of issuing the Notes (collectively, the "Project"). 1.04. The City of Minneapolis loaned the proceeds of the 2002 Assisted Living Bonds to Catholic Eldercare Community Services Corporation II, a Minnesota nonprofit corporation and an affiliate of the Borrower, to finance the acquisition, construction, and equipping of a 71 - unit assisted living facility located at 2919 Randolph Street NE (commonly known as Rivervillage East) in the City of Minneapolis (the "Assisted Living Facility"). The 2002 Assisted Living Bonds were issued in accordance with the Industrial Development Act. 1.05. The City of Minneapolis loaned the proceeds of the 2002 Nursing Home Bonds to the Borrower, to (i) refinance the acquisition, construction, and equipping of the 150 -bed skilled nursing facility located at 900 2nd Street NE (commonly known as Catholic Eldercare on Main) in the City of Minneapolis (the "Skilled Nursing Facility"); and (ii) refinance the acquisition, construction, and equipping of a 51 -unit assisted living multifamily rental housing facility located at 909 Main Street NE (commonly known as MainStreet Lodge) in the City of Minneapolis (the "Assisted Living Housing Facility"). The 2002 Nursing Home Bonds were issued in accordance with the Industrial Development Act and the Housing Act, and the City of Minneapolis adopted programs for the facilities financed in accordance with the Housing Act. 1.06. The facilities financed and refinanced with the proceeds of the Notes are referred to herein as the "Facilities." The Facilities will be owned and operated by the Borrower and individual affiliates of the Borrower. 1.07. Prior to the issuance of the Lauderdale Note, the City Council of the City must conduct a public hearing to (i) approve the issuance of the Lauderdale Note pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder (the "Code"); and (ii) approve the Project pursuant to Section 469.154, subdivision 4 of the Industrial Development Act. 1.08. On the date hereof, the City Council conducted a public hearing on the Project and .the issuance of the Lauderdale Note. Notice of the hearing (the "Public Notice") was published as required by Section 469.154, subdivision 4 of the Industrial Development Act, Section 462C.04, subdivision 2 of the Housing Act, and Section 147(f) of the Code. The Public Notice provided a general, functional description of the Project, as well as the maximum aggregate principal amount of the obligations to be issued for the purposes referenced therein, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice was published in the Roseville Review, the official newspaper, and the Star Tribune, a newspaper circulating generally in the City, on August 19, 2014, a date at least fifteen (15) days before a meeting of the City Council on September 9, 2014. At the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of the Lauderdale Note. Section 2. DEED Application. 2 449041v1 JAE NW475-38 2.01. Pursuant to Section 469.154 of the Industrial Development Act, prior to the issuance of the Lauderdale Note by the City, the Commissioner of the Minnesota Department of Employment and Economic Development ("DEED") must approve the new costs of the Project to be funded by the Lauderdale Note on the basis of an application submitted by the City with all required attachments and exhibits (the "DEED Application"). 2.02. There has been presented before this City Council a copy of the DEED Application. In accordance with Section 469.154 of the Industrial Development Act, the City Administrator of the City is hereby authorized and directed to submit the proposal for the new costs of the Project to DEED. The City Administrator and other officers, employees and agents of the City are hereby authorized to provide DEED with any preliminary information needed for this purpose, and the City Administrator is authorized to initiate and assist in the preparation of such documents as may be appropriate to the new costs of the Project, if approved. Section 3. Preliminary Findings. The City Council hereby reaffirms its preliminary findings made in the resolution adopted by the City Council on August 12, 2014. The Lauderdale Note will be a special, limited obligation of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 4. Preliminary Approvals. 4.01. The City Council hereby states its preliminary intention to issue the Lauderdale Note in the maximum aggregate principal amount of $10,000,000; provided, however, that the new costs of the Proj ect are approved by DEED. Proceeds of the Lauderdale Note are authorized to be.used to provide funds for all, or a portion of, the costs related to (i) financing the acquisition, construction, and equipping the TCU Facility; (ii) refunding the outstanding principal amount of the 2002 Assisted Living Bonds and the 2002 Nursing Home Bonds; (iii) refinancing the Prior Loans; (iv) funding capitalized interest on the Lauderdale Note during the construction of the TCU Facility; (v) funding required reserves for the Lauderdale Note, if any; and (vi) paying the costs of issuing the Lauderdale Note. The issuance of the Lauderdale Note is also subj ect to the mutual agreement of the City, the Borrower, and the initial purchaser of the Lauderdale Note as to the details of the Lauderdale Note and provisions for its payment. 4.02. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City except the City's interest in the loan or revenue agreement with respect to the Lauderdale Note and the Project, and the Lauderdale Note, when, as, and if issued, shall recite in substance that the Lauderdale Note, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a general or moral obligation of the City. 4.03. The law firm of Kennedy & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and the Lauderdale Note issued in connection therewith. The Mayor, the City 3 449041v1 JAE NIN475-38 Administrator, and other officers, employees, and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. Section 5. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Lauderdale Note, whether or not the Lauderdale Note is issued. Section 6. Commitment Conditional. The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the Lauderdale Note as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Lauderdale Note, or issue the Lauderdale Note in an amount less than the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Lauderdale Note, or to issue the Lauderdale Note in an amount less than the amount referred to in Section 4.01 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 7. Effective Date. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Lauderdale, Minnesota, this 9th day of September, 2014. Mayor Attest: City Clerk - Administrator 4 449041v1 JAE N N475-38 Consent Special Public Hearing X Report Discussion/Action X Resolution or session 51reff,"109, Us] MEETING DATE September 9, 2014 ITEM NUMBER Luther Seminary Preliminary Plat STAFF INITIAL Jim APPROVED BY ADMINISTRATOR At the last meeting, City Attorney Ron Batty, discussed the Luther Seminary plat. The most recent revision dated September 3, 2014, is attached. Full sized versions are available at City Hall if you would like to see one in advance. They will also be available at the meeting. An extensive review process has taken place that involved City staff, Ron Batty, City Engineer Darren Amundsen, Ramsey County, etc. A public hearing is required for preliminary plat approval. We are not asking the Council to approve anything tonight. This will be a two-step process. Step one will be the public hearing and getting authorization from the Council to prepare a resolution for preliminary plat approval. Step two is approving the preliminary plat. The following are a list of conditions we have gathered for preliminary plat approval: • The Applicant shall comply with the requirements of the city attorney's plat opinion regarding title matters and with post -approval recording procedures. • The Applicant shall comply with the requirements of the city engineer as stated in the attached letter dated September 5, 2014. • Approval is subject to confirmation that all of the County's requirements have been complied with. • The Applicant shall execute an agreement for a pond easement with the City • The Applicant shall provide the City with access to Lot 2. • The Applicant must pay to the City an administrative fee in an amount necessary to reimburse the City for the cost of reviewing this application. If all of these conditions have been met by the next meeting (September 23), final plat approval may be granted instead of preliminary approval. *OPTIONS: Authorize staff to prepare a resolution for preliminary plat approval. Do not authorize staff to prepare a resolution for preliminary plat approval. STAFF RECOMMENDATION: 0 Motion to authorize staff*to prepare a resolution for preliminary plat approval. Star`atec September 5, 2014 Heather Butkowski City Administrator City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Re: Luther Seminary Preliminary Plat File No. 193801702 Dear Heather: We have reviewed the preliminary plat for the Luther Seminary Addition. The plat.survey is dated 9-03- 2014. We have the following comments with regards to engineering matters: A drainage and utility easement should cover the rocked stormwater pond overflow and extend to the parking lot curb. This would require modifications to the proposed easements in Lot 1. The ingress and egress easement Document No. 2164610 should be examined to determine if it covers access to the existing building south of Lot 1. If it does not, an additional ingress and egress easement should be provided. The grade of Lot 2 generally slopes east to west and gravity utilities such as storm water and sanitary sewer would naturally be designed to flow east to west. Not providing gravity utility easements across Lot 1 for Lot 2 increases the future cost to develop Lot 2. Either easements would need to be negotiated at a future date or it is likely that pumping of sanitary sewer would be required up to Hoyt Avenue or the Carl Street and Idaho Avenue intersection. This statement should not be considered by the applicant that the city engineer is requiring these easements, but rather for discussion at the city council level. - Lot 2's only access to a public right of way will be Hoyt Avenue at the southeast corner. By approving this preliminary plat, the city may someday be compelled to allow this section of Hoyt Avenue to be improved to a city street. If you have any questions, please contact me at (651) 604-4894 or darren.amundsenRstantec.com. Sincerely, Stantec Darren Amundsen cc: Jim Bownik Design with community in mind cs Top j 9f4.9 '9j To 914.48 Inv. 901.5 friv. 910.6 MH MH rap 0 91 Top 911.42 N r0P 911-64 CrIl Inv. 906.7 Inv. 906.2 o7 I 50 rreliminary Plat of: 0 Jol �DUITION Top 926.43 lu% North line of the South Half of the Northeast D- -,r- Top 926.54 cs Inv 920.5 Quarter of the Northwest Quarter of Section Hyd.1 CB Top 926.59 20, Township 29, Range 23 Inv� _9,_9.9 9fg.9 CB South line of the right of way of the University -campus street car line o�Q ZE ino 1123.50 to of Minnesota inter -campus T9.2 C'� C% Top 920.15 in / - inv. 904.,2 A I r K T r'MH - ,b TOP 926.29 929.87 ir_s 71 -f I Tdp 92, Iny, 914.61 Inv. 6.4 WS S.4 5 H AV. 910.5 V 4. MH I t 2 -sr rtV 0 UMe I-N�. 4133581 Lr' (627.44± descrfpt�fon lzt�, fny. 9 4 Sump ru") of Droertv described in (trustee's Deed filed as o ume; _ - N N . I * 01 to -p Top 9515 cS lay. 6.9.6 E Inv., 59.,7 V895.(14 888.5 H S00000`42"W3R6, __ 895.4 nv. 885.8 1, 31. 19 31.25 description Pp r. J0 Inv. 686q.,9 5, v T _EFt Inv. 85 .4 +/ 33 1 40 U77UTY STATEMENT The underground utilities shown have been located from Field survey information and existing drawings. The surveyor makes no guarantee that the underground utilities shown comprise aft such utilities in the area, either in service or abandoned. The surveyor Further does not warrant that the underground utilities shown are in the exact location indicated, although he does certify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities. PROPERTY DESCRIPTION That part of Lot 1, Block 1, LUTHER NORTHWESTERN ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota described as follows: Commencing at the northeast corner of Lot 3, Block 1, said LUTHER NORTHWESTERN ADDITION; thence North 89 degrees 36 minutes 55 seconds East, along the north line of said Lot 1, a distance of 20.00 feet to the point of beginning; thence continuing North 89 degrees 36 minutes 55 seconds East, along said north line, a distance of 309.34 feet; thence South 0 degrees 29 minutes 52 seconds East a distance of 22.74 feet; thence South 89 degrees 36 minutes 55 seconds West a distance of 309.53 feet to the intersection with a line that bears South from the point of beginning. thence on a bearing of North a distance of 22.74 feet to the point of beginning. Together with that part of the South Half of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23, Ramsey County, Minnesota, lying east of Eustis Street, lying west of OAK WOOD, according to the recorded plat thereof and lying south of the following described line: Beginning at a point on the east line of said South Half of the Northeast Quarter of the Northwest Quarter distant 40 feet south of the northeast corner thereof; thence westerly 660.44 feet in a straight line to a point 35 feet south of the center of said Northeast Quarter of the Northwest Quarter; thence north 10 feet; thence west 627.44 feet parallel to and 25 feet south of the north line of said South Half of the Northeast Quarter of the Northwest Quarter to a point in the east line of Eustis Street and there said line terminates. Excepting from the above described part of said Northwest Quarter of the following: That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. ------- GM GM - --------------- - --------- 2�3.3 7 - ------- ING 0 (V a) ------- Ig" 9DI- V) ce � race Pine\ 91 .1 41- U1 V) W uj 24 0' Pin. ------- \ Inv. o TV I PP, grr CB 06.26P - 908 In -0 LP (n 7 Stock Retail i 4NQ11' PC C 901 C8 rop (z 11. 15913 rz Sprucd Inv. 901:2 Ash 18 As r o Inv. 903.10 895.2E 895.2 E - . 0 Inv. 895.0 NS 16, ree ------- 900 --------------- - --- ------- F, 9MI NG - ------------- - ---- f2l.38 ----- ------- L ------ - 81, 16"01.05 Pine Ent 9 APARTMENT e GM BU,Pru GM 904--GU- -1-902- 24' Ash InY^8 89_ 7 Gh 17' Tree L 1j I------- 139 Parking Spaces (Not Striped) o PP_ I \s ' _ _ Lp� ---69- LP -0 - So H n P 69r 9`. n -Proposed Drainage Eas-e-M t- Orairage opening unFer Top 901 77 'nv..g 1 893: 696 - - - - - - - - - - - - - - - - - - '01,% 8.9 . . . .. - - - - - - - - - - - - - - I pruce I I T I I J ce cs lzo 5 93 I ,- TJT�-i 889 ALEA V Ge 900 895.3 - race Gv 2- W - 559,03,16"E 159.90 01 to -p Top 9515 cS lay. 6.9.6 E Inv., 59.,7 V895.(14 888.5 H S00000`42"W3R6, __ 895.4 nv. 885.8 1, 31. 19 31.25 description Pp r. J0 Inv. 686q.,9 5, v T _EFt Inv. 85 .4 +/ 33 1 40 U77UTY STATEMENT The underground utilities shown have been located from Field survey information and existing drawings. The surveyor makes no guarantee that the underground utilities shown comprise aft such utilities in the area, either in service or abandoned. The surveyor Further does not warrant that the underground utilities shown are in the exact location indicated, although he does certify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities. PROPERTY DESCRIPTION That part of Lot 1, Block 1, LUTHER NORTHWESTERN ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota described as follows: Commencing at the northeast corner of Lot 3, Block 1, said LUTHER NORTHWESTERN ADDITION; thence North 89 degrees 36 minutes 55 seconds East, along the north line of said Lot 1, a distance of 20.00 feet to the point of beginning; thence continuing North 89 degrees 36 minutes 55 seconds East, along said north line, a distance of 309.34 feet; thence South 0 degrees 29 minutes 52 seconds East a distance of 22.74 feet; thence South 89 degrees 36 minutes 55 seconds West a distance of 309.53 feet to the intersection with a line that bears South from the point of beginning. thence on a bearing of North a distance of 22.74 feet to the point of beginning. Together with that part of the South Half of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23, Ramsey County, Minnesota, lying east of Eustis Street, lying west of OAK WOOD, according to the recorded plat thereof and lying south of the following described line: Beginning at a point on the east line of said South Half of the Northeast Quarter of the Northwest Quarter distant 40 feet south of the northeast corner thereof; thence westerly 660.44 feet in a straight line to a point 35 feet south of the center of said Northeast Quarter of the Northwest Quarter; thence north 10 feet; thence west 627.44 feet parallel to and 25 feet south of the north line of said South Half of the Northeast Quarter of the Northwest Quarter to a point in the east line of Eustis Street and there said line terminates. Excepting from the above described part of said Northwest Quarter of the following: That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. 33 33 r rN n r r n I r r- h f f f / 1 h-{ C14 r Li r-� _ - 46.60 " S89°37 and drainage eas nt — — — — — — — — — — 47 ' Utility ent No. 3580012 _ per Docum _ Y I I r \ I I• I I Ly, I L1j �' I N r r N 101 ,\ _ UJ ' o I , f I I `y� fu I Wu IM I caI M r\ O ( N Ln I I- Ir-� L1_ ' r\ I tn , L L 10 I � k t N I O I o Z QJ rn P7 v F QJ N ----- jr I �: u^,-_-___— Drainage ::.... 34.98 =:; O . _.. _.. _.. _.. _.. _..—� N89°42'45"E Ln QJ t oN " — 889°03' 18"E 184.17 ........ _ 159.90 .24.27 o _.. _ 94.15 - N 20.00 N89°05'24"W desc. S8903'1 N89`02'29"W meas. 15 _.. dt - ►i 15 cPr L a I oc`� ��% Fd I ra 65 o96 6 42"� i 4,0 Se o I a I o O � RS9 A�,r „_• ami _ ` �,�•. O ca I 6 0 `r I � t �� _ o " \ ok C14\ 16 Z I '• cn •. �cp I v E ,� 1 5 1 00 I `u w s o ��I 15 I l N� I ss� I M ow 1 LO 5 a I 'O0 101 a M o I i M� '0CIIIS89 34'W desc. rz o Z ( I �' • 1 S89°36 55' meas. 197.95 desc. •-• 197.8J meas . ------ I I 15 j5 S00°00'42" W � 3.00 I I 58903' 18" 3 �r 1 i 102.53- 1.19 33 l_ 251.03 J 31.25 description 33.00 L------------- 181.00 ---- N89 34'E description S89036'55"W 284.03 Northeast corner of Lot 3, Block 1, LUTHER ------•-••-- NORTHWESTERN ADDITION 33 40 Southwest corner of the Northeast V --Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 r+ r r♦ r � h< r f r II K r, rr r- r\ f f f f 1- -( f-- F f L_ \i r f f L- I l 50 I L1J l� LO North line of the South Half of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 5"')D VY JJD.Llf- South line of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 -r- F 1 f f Y f A , rr-h rr rr- /t 1/ r-- f\rr rf-- r'I Northeast corner of the South Half of the Northeast Quarter of the Northwest Quarter ------- " o of Section 20, Township 29, Range 23 U �Ln ... ..� o — 0 Z 0 L ts C °Cv M =�v m L m o 2i Y 0 0 Q, N �s a 0 C � L cv y �- Ln w aF-4 I Drainage and Utility Easements are shown thus: I I I I —5 5--J I I LO I I l — ------I L----1-- Being 5 feet in width and adjoining lot lines unless otherwise shown. 0 25 50 100 150 Scale in Feet o Denotes iron monument found o Denotes 1/2 inch by 14 inch iron monument set and marked by Minnesota License No. 43414. Orientation of this bearing system is based upon Ramsey County Coordinates, North American Datum of 1983. Rehder and Associates, Inc. Sneer 7 or 1 Eineers LUTHER SEMINARY ADDITI01\__ KNOW ALL MEN BY THESE PRESENTS: That Luther Seminary, a Minnesota non-profit corporation, owner and proprietor of the following described property situated in the County of Ramsey, State of Minnesota, to wit: That part of Lot 1, Block 1, LUTHER NORTHWESTERN ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota described as follows: Commencing at the northwest corner of Lot 3, Block 1, said LUTHER NORTHWESTERN ADDITION; thence North 89 degrees 36 minutes 55 seconds East, along the north line of said Lot 1, a distance of 244.03 feet to the point of beginning; thence continuing North 89 degrees 36 minutes 55 seconds East, along said north line, a distance of 309.34 feet; thence South 0 degrees 29 minutes 52 seconds East a distance of 22.74 feet; thence South 89 degrees 36 minutes 55 seconds West a distance of 309.53 feet to the intersection with a line that bears South from the point of beginning; thence on a bearing of North a distance of 22.74 feet to the point of beginning. Together with that part of the South Half of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23, Ramsey County, Minnesota, lying east of Eustis Street, lying west of OAK WOOD, according to the recorded plat thereof and lying south of the following described line: Beginning at a point on the east line of said South Half of the Northeast Quarter of the Northwest Quarter distant 40 feet south of the northeast corner thereof; thence westerly 660.44 feet in a straight line to a point 35 feet south of the center of said Northeast Quarter of the Northwest Quarter; thence north 10 feet; thence west 627.44 feet parallel to and 25 feet south of the north line of said South Half of the Northeast Quarter of the Northwest Quarter to a point in the east line of Eustis Street and there said line terminates. Excepting from the above described part of said Northwest Quarter of the following: That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. Together with that part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 29, Range 23 that is described as follows: Beginning at the Southwest corner of said Northeast Quarter of Northwest Quarter; thence North 89 degrees 34 minutes East on an assumed bearing, along the South line of said Northeast Quarter of Northwest Quarter for 181.00 feet; thence North, parallel to the West line of said Northeast Quarter of Northwest Quarter for 216.41 feet; thence North 89 degrees 05 minutes 24 seconds West for 94.15 feet; thence South 3 degrees 23 minutes 20 seconds East for 187.67 feet; thence South 89 degrees 34 minutes West, parallel to the South line of said Northeast Quarter of Northwest Quarter for 97.95 feet to the West line of said Northeast Quarter of Northwest Quarter; thence South, along said West line, for 31.25 feet to the point of beginning. Has caused the same to be surveyed and platted as LUTHER SEMINARY ADDITION and does hereby donate or dedicate to the public for public use the public way and drainage and utility easements as shown on this plat. In witness whereof said Luther Seminary, a Minnesota non-profit corporation has caused these presents to be signed by its proper officer this day of , 2014. William Frame, Chief Financial Officer State of County of This foregoing instrument was acknowledged before me on this day of 2014, by William Frame, Chief Financial Officer of Luther Seminary, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public, My Commission Expires I, Thomas J. Adam, Professional Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on this plat; prepared this plat or directly supervised the preparation of this plat; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been correctly set; that all monuments indicated on this plat will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 2014. Thomas J. Adam, Licensed Land Surveyor Minnesota License No. 43414 State of County of This foregoing Surveyor's Certificate was acknowledged before me on this day of , 2014, by Thomas J. Adam, a Licensed Land Surveyor. Notary Public, My Commission Expires CITY COUNCIL, CITY OF LAUDERDALE, MINNESOTA We do hereby certify that on the day of , 2014 the City Council of the City of Lauderdale, Minnesota approved this plat. Also, the conditions of Minnesota Statutes, Section 505.03, Subd. 2, have been fulfilled. By , Mayor By , Clerk CITY COUNCIL, CITY OF ST. PAUL, MINNESOTA We do hereby certify that on the day of , 2014 the City Council of the City of St. Paul, Minnesota approved this plat. Also, the conditions of Minnesota Statutes, Section 505.03, Subd. 2, have been fulfilled. By , Clerk DEPARTMENT OF PROPERTY RECORDS AND REVENUE Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 2014 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 12014. Director Department of Property Records and Revenue By: , Deputy COUNTY SURVEYOR I hereby certify that this plat complies with the requirements of Minnesota Statutes, Section 505.021, and is approved pursuant to Minnesota Statutes, Section 383A.42, this day of , 2014. Michael D. Febiger, P.L.S. COUNTY RECORDER, COUNTY OF RAMSEY, STATE OF MINNESOTA I hereby certify that this plat of LUTHER SEMINARY ADDITION was filed in the office of the County Recorder for public record on this day of 2014 at o'clock _.M., and was duly filed in Book of Plats, Page , as Document Number Deputy County Recorder Rehder- and Associates, Inc. Sneer i or z Sneers LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session, Meeting Date September 9, 2014 ITEM NUMBER 2015 Budget and Levy STAFF INITIAL The Council asked staff to prepare a budget that that does not increase the levy. The attached spreadsheet shows this in two ways. First, if the total levy remains the same as 2014 ($616,215), the local tax levy will decrease by 1.6% due to the additional fiscal disparities reve- nue the City is expecting. If the local tax levy remains the same as 2014 at $495,281, the overall levy will increase by 1.3%. As you know, the preliminary levy sets the ceiling for the levy for 2015. The Council can set the preliminary levy and then decrease it when establishing the final levy. The final levy can not be higher than the preliminary levy. Setting the preliminary levy at less than the 2.3% discussed at the last meeting with leave a gap in revenue compared to expenditures. The difference would be made up by a transfer from the funds from the Eldercare Project. Based on the direction of the Council, staff will prepare the preliminary levy resolution for the next Council meeting. City City City City City Total Levy Fiscal Disparities Net Local Levy Tax Capacityto 2014 $616,215 $120,934 $495,281 $1,648,778 30.04% 2015-0% $616,215 $129,076 $487,139 $11717,282 28.37°l0 2015-1.3% $624,357 $1291076 $495,281 $1,717,282 28,84% 2015-2% $628,539 $129,076 $499,463 $1,717,282 29.08%' 2015-2.3% $630,695 $129,076 $501,619 $11717,282 29.21 2015-3% $63408 $1291076 $505,622 $11717,282 29.44% Median Value 201 $16300 Median Value 2015 $175,000 Taxable Value x Tax % x Tax Rate = City Tax on $126,000 Home 201 $1001100 1% 0.3004 Total Tax $300.70 2015-0% $1001100 1% 0.2837 Total Tax $283.98 DIFFERENCE ($16.72) -5.56% Taxable Value x T % x Tax Rate =City Tax on Median Lauderdale Home 201 $163,600 1% 0.3004 Total Tax $491.45 2015-0% $175,000 1% 0.2837 Total Tax $496.48 DIFFERENCE $5.02 1.02% Taxable Value x Tax % x Tax Rate = City Ta $300,000 Home 201 $289,760 1% 0.3004 Total Tax $870.44 2015-0% $289,760 1% 0..2837 Total Tax $822.05 DIFFERENCE($48.39) -.5% Taxable Value x Tax % x Tax Rate =City Tax on $126,000 Home 2014 $100,100 1% 0.3004 Total Tax $300.70 2015-1.3% $100,100 1% 0.2884 Total Tax $288.69 DIFFERENCE($12.01) -3. % able Value x Tax % x Taxate =City Tax on Medianderdale Ho e 201 $163,600 1% 0.3004 Total Tax $491.45 2015-1.3% $175,000 1% 0.2884 Total Tax $504.70 DIFFERENCE $13.25 2.70% Taxable% x Tax Rate = City Tax on $300,000 2014 $2891760 1% 0.3004 Total Tax $870.44 2015-1.3% $2891760 1% 0.2884 Total Tax $835.67 DIFFERENCE($34.77) -3099% Taxable Value x Tax % x Tax Rate = City Tax on $126,000 201 $1001100 1% 0.3004 Total Tax $300.70 2015-2% $100,100 1% 0.2908 Total Tax $291.09 DIFFERENCE ($9.61) - . % Taxable Value x Tax % x Tax Rate = City Ta on MedianLauderdale Home 2014 $16300 1% 0.3004 Total Tax $491.45 2015-2% $17500 1% 0.2908 Total Tax $508.90 DIFFERENCE 17.45 3.55 °/® Taxable Value x Tax % x Tax Rate = City Tax o $300,000 Home 2014 $289,760 1% 0.3004 Total Tax $870.44 2015-2% $2891760 1% 0.2908 Total Tax $842.62 DIFFERENCE ($27.82) -3.2 % Taxable Value x Tax % x T x Rate = City Tax o $126,000 Home 2014 $1001100 1% 0.3004 Total Tax $300.70 2015-2.3% $100,100 1% 0.2921 Total Tax $292.39 DIFFERENCE ($8.31) NOUSENUM -2.76% Taxable Value x Tax % x Tax Rate = City Tax on Median Lauderdale Home 201 $16300 1% 0.3004 Total Tax $491.45 2015-2.3% $17500 1% 0.2921 Total Tax $511.18 DIFFERENCE.7 % Taxable ale x T % x Tax Rate =City Tax on $300,000 Home 2014 $289,760 1% 0.3004 Total Tax $870.44 2015-2.3% $2891760 1% 0.2921 Total Tax $846.39 DIFFERENCE ($24.05) .7 % Taxable Value x Tax % x Tax Rate City, 201 $100,100 1% 0.3004 Total Tax $300.70 2015-3% $100,100 1% 0.2944 Total Tax $294.69 DIFFERENCE woman=($6.01) misimmem - % I % x Tax RateCity Tax on edian 201 $16300 1% 0.3004 Total Tax $491.45 2015-3% $1755000 1% 0.2944 Total Tax $515.20 DIFFERENCE $23.75 4.83% Taxable ale x Tax % x Tax RateCity Tax on $300,000 Home 2014 $289,760 1% 0.3004 Total Tax $870.44 2015-3% $289,760 1% 0.2944 Total Tax $853.05 DIFFERENCE ($17.39) -2. % Consent Special Public Hearing Report Resolution Work session ............ APPROVED BY ADMINISTRATOR We have prepared a draft of an amended and restated agreement for recycling services. Some of the key changes include the following® • The currentp rice is $2.52 per household per month. The new price (once we transition to carts) will be $2.08 per household per month. • The Cit will be moving from the blue bins to carts requiring a single -stream container and transition plan, ich is attached. • Collection frequency remains weekly. Thus, residents will not need to remember which week to set out their recycling. It also helps for adin,),7 compost collection in the future. • Eureka is now set ulp for single stream collection and processing. Thus, sorting paper from everything else will no longer be required. • Single -stream collection and processing means the revenue sarin formula must change. We will now incur a new $74 er ton processing fee, but will receive 1000. (instead of 50%) of the revenue for all tons collected aKer the processing fee. Staff will make any changes, as needed, based on feedback from the council, and final review by City Attorney Ron Batty and Eureka OPTIONS: 1) Discuss and provide feedback and direction to staff. 2) Do not discuss and provide feedback and direction to staff. 0 STAFF RECOMMENDATIONIP Discuss and provide feedback and direction to staff. X11 NJ 0 [0 1 AMENDEDANDRESTATED-AGREEMENT FOR _CYCUNG These specifications define the requirements of the Comprehensive recycling Collection ProgramG +. } 1.1 Recyclables — defined as the 'll�d B-4 r-rilliMnar4--N I Inc,. Gafdb °ter �a e � a , Ri(]jd Steel' and aluminum and , vel (�qe cpntainers, foil and tral"V i `tic boftles andr l �and bleveraule-containers, milk cartons.n Luice boxes. 2. Fibers — Nr zines, mixed im�: H Dhone books officr, L_qatal 3. Clothes/Textiles ncl ut limited to- Linens includinci tablecloths, s is to,wels. blankets. and clothes includina- belts, coats hats,loves shoes and 0 lean and free of moldexcessive stains. PAGE 1 OF 14 ,r�..r. ... .. o-, ",rte,-... .'„ i i-' �t^>�;,� .� , �,: � �y -. ;;;�., _" N Mat n' '° d ..:� .0 -�.. "� '" a " a ::d - s „�-- ... x �p bdevveen the Q:Lty and the C n B ar to. 1.2 Method of Collection ®sin k --std ami (dgidsaR4t e h r vvft fibers) collection of m teri is plus cloth ,/textiles*. PAGE 2 OF 14 1.13 Market Demand —Means the economic and technical capacity of markets to use recyclable material to make new products. 1. 14 Markets — Means any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end markets, intermediate processors, brokers and other recycling material reclaimers. 1.15 Process Residuals— Means the normal amount of material that cannot be economically recycled due to material characteristics such as size, shape, color, cross -material contamination, etc. and must be disposed as mixed municipal solid waste. Process residuals do not include clean, separated products that are normally processed for shipments to markets as commodities but are low -value We_*;-�use of market demand conditions. �1 111��111� 1� q� I ip� I ig� 11 �gSAY2 1.17 InitINjoeltincs, P UFD1'-1 Abuildiriqoranr-litiontherec�icontain'�,na'more" than four dwellinq units, -rn- n als deriA,,ied from plant and animal mafter includinq 1. 19 Oraanics - Oragi ic -na+ed non-rrecvdabl- u- r that is colleet d for000stina- 1 .20 Walk -j 'ce -A service where the dr¢ver will walk go t the resident's gar ag�p door stogy =---- _1 _ — p r�ver then retums I Nclable mate�ial for loadinn, onto the truck. The d &Lher desianates d corA to collect thebins/caits to the same loca-tion, The C i� A'ill comioile a list of senigcs adiso bled and/or sr)ecial Lrr- ne.ids residenits whoj:gqu@St such service. 1.21 Cafton - Anv of various containers made fT-om cardboard or coated nage-[ such such as milk cartons and tujpe b-ioxesz. 1.22 Rizza Boxes — Cardboardtakeout/deliveat -i 1jith chee-se roy Pase _gLt_ wfth all contents removed. 1.23 SiMle Unit Mv Ifinasij§U. -A buildinq. Lportion theretY, rcontainr c SA ora qatg four linq un. PAGE 3 OF 14 2.1 The Contractor shall collect the recyclable materials [SAY4]-as established by the City and in the corporate boundaries of the City at each CIDU and Dublic farilrK, deemed acceptable by the City. 2.2 The Contractor shall not be required to make regular collections on holidays; provided, however, that collection occurs the day immediately following the scheduled pickup day or the next business day as agreed upon pe4KAJa�4by the City and Contractor. 3.1 Frequency of Collection — Curbside collection shall occur every week. Collection from multi�fami units (apartments) will occur at least once each week and may occur more frequently as the neeA determined by Contractor. (Collection Boundaries and Muft�F�Ml DL�, List are�� is included asAftachment B) 3.2 Collecti1on Hours — Collection shall commence no earlier than 7[SAY5] am. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by �6 pm on the scheduled collection day. Residents will be required to have their recyclables, placed at the collection site (curbside or otherwise arranged by multi -family dwellings) before 7 am on the scheduled collection day. 4.3 Late Collection (Hours) — If the Contractor determines that the collection of recyclables will not be - completed by 55 pm on the scheduled day it shall notify the Recycling Coordinator by 4:30 pm and request an extension of the collection hours. The Contractor shall inform the Recycling Coordinator of the area not completed and the reason for non -completion and the expected time of completion. the Recycling Coordinator cannot be reached, the Contractor will contact City Hall staff oPM;Gevef4s avai1abl&and report the problems -��to the Recycling Coordinator on the next business day. PAGE 4 OF 14 "I 1E3.6 Containers Handling — Handling of containers should be managed by picking them up, emptying their contents into the collection vehicles, and taking responsible care to place them back in the odginal location. PAGE 5 OF 14 -3,63.8 MI'ssed Collections — The Contractor shall have a duty to pick up missed collections. Missed collections called in before 12 pm on the collection day will be collected that day. Calls after 12 pm I �!1111 a nAA1i1nrj__r1-_%%1 will be collected I;I:i5: 11 F�.Wvv I I A Zi 11;f� before 4 pm on the followlina day. Missed collections called in before 11 am on the day after collections will be collection that day before 4 pm. Calls received after 11 r%n +ktn, I am will be collected %1!Gw-��usi��before 4 pm on the followincl business day. The same policy will apply for missed collections called in two days or more after collection. �Calls Gged4R-for rNssed service are either customer calls made direc �Iy to the Contractor or customer calls Gafled-L-ree.11a,vied to the Contractor by the City.) Materials ReGyGled-§Li_41�1 EL. R -aclej The Contractor shall use every best effort to ensure that all recyclable materials collected in ��the Ci -are not placed in landfills or ip��&Lher mixed municipal solid waste gdLisposal or recoveDj facilftises but are distributed to the appropriate markets for reuse and recycling. Any unacceptable materials or garbage will be delivered to the appropriate facilities in accordance w�Lh Sta and Countv rules and documented as such. All weight tickets, etc. shall be maintained at the Contractors office forreview. The Contractor will report facRy residual rates to the City once yearly. All costs associated with disposal will be borne by the Contractor. The contractor 41shall at all times be -under -have the duty to minimize recyclable materials anI40@-�pjg�d in landfills or incinerators, and, in consultation with the City, shall at all times r",v,).11,G_,-find and use the lowest cost but most environmentally sound method of disposal.. In the event that the-,qamarket for a particular recyclable material ceases to exist, or becomes economically depressed such that it becomes economically[SAY8] unfeasible to continue in collection of the particular material, the City \/\/ill have the right to cause the Contractor to cease thW. collection of that particular recyclable material. If the Contractor requests to cease collection of a particular recyclable materiaky-is�� +e% +kn ee%r%+r-nr% i D'inriili nnrill +kn AQV, a;;dbut the CitNO directs the Contra ctor to continue to collect the matte;,flal, the Cit�j agrees to bear the cost incurred by the Contractor to market or dispose of such recyclable material by landfill, incineration or other method. The Contractor will negotiate in good faith to establish a rate of recovery for all recyclable materials ni I 4�n +kzn, +A�n 14 lAnviiiii, I C oil r% gn colle cited in the CitV under this Aagreemen 1-%, 1+ ',inNw �W r%f collections route %_#%.I a %.Ip 1%.7 U a 1, n approved weight slip with the date, time, driver's name, vehicle number, tare weight, gross weight, and net weight for each load each day. 2. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be included as part of the billing sent to the City each month. 3. The Contractor will also include a report of the total tons collected, including estimated amounts of each type of material delivered to each market. 4. The Contractor will also report amount and location of all materials stored for more than 30 days. PAGE 6 OF 14 �ly 1. �Contractor ll collect l material� the fold iD ��i R Lauderdale Ci-ILUA 1891 Walnut Street Public Works Garqgg, 1917_Wainut Street The Contractor shall '* 3-11. 11 0: 3 15 Material Composition Study conduct least one materials composition analysis of the City's recyclables each. • te the relative amount of weight of each recyclable commodity by grade. A Cih repLe3 ; ativ p!]gs- enft durit-ir I the st The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the CiN; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide a written description of the Estimating Process Residuals means to estimate process residuals derived from the Citys recyclables. This pLocess shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor Contractor. 4 REPORTING AND PROMOTIONAL ACTIVITIES 4.1 Mo hall subormnk to the C� 4z 0 �fls IvL�rnd nit and a nn � �.�- r mt the Contractorshall includec O ug tion, PAGE 7 OF 14 5. Revenue share credits back to the ty_L0f__gtj. 6. End mMarket �Qcertffication via le,tters from end is Such le tern ill e hale as confidential data f jested and al l y aij. 7. thio reports shall be due to the CitV vthe 15th dgay of each month. AnnUal relo s shall be due . v Ja uary 31 following,n ofeqgn Callen i r-_ e Contractor w� c O "include n its annual, l, r rrecommendations contu�s n� �_,Pdu % r iii 't C �� Lc ltif ilk r c c1l1, etc.)� 43 li�� t� ` �� with the follovvpina� Customer Relabons RIB ort - lista f all 1, A custome complaints, � � '' io how of int was resolved. list of all addresses where ion taqs este left for residentsandwhv the tacjs were left. 3. A list o'c all missed atk �os reoorted to the Contractor. 4.4 Annual Reaoort-pto MUD Owners -The Contractor rcivide an annual port Janua 3 fol g - rt t o E servedtContractor. A evacht �� vin' r ll l ` � � ft the llcontain. at a minimum. the follolilli a infon-nation: 1. Name f owner, building manqgage� and contact information (mailinq address, PAGE 8 OF 14 4 _ 5 Annual Perfornnance Reviesw nq to Discuss P.,ecommendabons for Continuous art, theH A 1 c shedWle -__ I - annul; n M h the Contractor. The obLqdivesc this annualmtib . l include (but � not limked YQ111 1. Review Contractor's l Eqppj incIudjngtre,..nds in recove[v rate and. .Effoilsthe ontr o hasmadeto ?nrecyclablemarkets. a Review Contractor'0 manbased onTeedback from residents to the Cit 4. - Review Con r recommendations for fiinDrovement in the City' Egc�cli m. -_j �, La r nced aq�L o t �er qppgftu i�i i 5, Review recommend atio ns for' wiM Contractor's sertice. 6. DiSCLISS other ooportunifies for ii.Tiorovement with the mniba vears under t current'trot. 7. Discluss actions Contractor is takina to reduce its carbon footolrint, 1 Contractor shgE2gyjgLjhf, of at least 5 39 co. -0- ies of a nannual curbsid all be delivered to C tvhomes no later than January 31 of each year or on an alternative $ ��distribution is rib u ti an annual one- 2. nated contac erson for all r P ties t. T shill �be � � in sufficient r that �=cvy be dLis -t t. s The Contractor shall alsor fid(z-A. ggs:tqrs andcher educationalmaterial fog MUD owners, landlords or other I nerg i areas. The nth t ut� i? a l c d pion ter l other than _ { Ent - fl .. ( . q Somali, Korean, e . W ill provideetamaterials to CitV customers as needed, The t)wiwork with the Contractor reaqrdij2g ll thp 9 anitifies needed and the locations for distribution. urine the term of the contract the Contractor .l y- the Cib./_ to make b c d Oental.Aroups, or aftend a lc events rg- ly C i t - PAGE 9 OF 14 4.8 Ou-treach awt isippjUbm unite Contractor shall include in the annual woAK ioan outireach efforts to � r : sties communities. Ssrygalliv - qth;:�to ena communfties. 4,9 Ochi tr � muni 'traCt"Or shall � Vit, � ,n r , m � an outeetch effopftis usinal electronic communications. The iib/ seeks to masse residents W-nere are and is looking for e gee is outreach to ripsidents in addRion tovvebsites vvroh information n textit format. 0 4.10 c-� �V f the n n l lO k lane'the Contractor shall E pose halAiLtgo the v with � �� x � n!(SSO') collectioni _ evem The ffi booth, e 1 incl � �. m or h¢ Contractor lli these senjices r 4.1 The Contractor shall x, to the Civ, - Ju 1 I C o the I to add O toits residential curbside Vection iorcgLiam. Iqn shallhave st, and collectionmeatho Ian. inftiate the n 4.12 As a specspecfic focus of the annud-1I reo,and annual work Olan, the Contractor shall itemize m ho � � y O �� for t. $onto r ll .�develop Spec�fllc mufti -unit regCclin ent st lies for each u ar. 4-45.1 The establish i dmaintain operating facilitywith an officeand continuous purposesupervision for accepting complaints and customer calls. The office shall be in service with continuous supervision from the hours of 8;09 am until 5 pm on all days of collection as specified in thise aAgreement. Address and telephone number of such office and any changes therein shall be given to the City in writing. 1. Personnel —The Contractor shall maintain sufficient personnel and equipment ti#: fulfill the requirements and specifications of this Aagreement. 2. Management — The Contractor shall notify the City of any change in Supervisory, Operations, or daily Managers associated with this collection process. New personnel must be introduced to the City 3. Access to Records — The Contractor shall provide access to the City or any of its duly authorized representatives to review any books, documents, papers, and records of the Contractor related to performance of this Aagreement for the �� other compliance with its terms. PAGE 10 OF 14 F. Contractor's vehicles shall be marked with the name of the Contractor and phone number and be equipped with a (1) two-way radio, (2) first aid approved 2A1 013C dry chemical fire extinguisher, (4) warning flashers, (5) warning alarms to indicate movement in reverse, (6) sign in rear of vehicle stating "this vehicle makes frequent stops," (7) and a broom and shovel for cleaning up spills. 4_35 .3Com pensabon — The City will compensate the Contractor for the collection of recyclable materials from residential units. During the term of the contract, City will pay to the Contractor, on a monthly basis, $2.52 per household. T . ncir h ot ia for collection will remain at its current level of $2.52 Ler household per month while nn the Cit us g ri e r! ,Lii�visz usioali _trhie blue bin for collE�Lcction,TjChipe per household collection Tee wil' cha 1 e to $ L8__rder_househ_Ud Der month when the Cit( transitions to carts (anticipated for_Lhf,.;_s- _ring of 201 �';�In tma he reining years of the contract (2016 7, and 2018), p th(-12fetr �,ousehold cost will increase eac ear based on the CP1 (Consumer Price Index) f'or all qoods and services Lp oric� ft@ jrneqp fis Fpdei�al 3Reserv-e or bv 3% whichever is smaller. 445.4 Revenue Share — Contractor shall, on a monthly basis, rebate an amount to the City based on the 1 jThe Citr - will be charg c e i n aTee a rja- u %,iii Oe criq,, _gd a oer toLn vocessina fee and the Cj:ly will, receive $ 100% of the revenuefor all tons collected in theCilty Tt qLfter the roc e s s i rn a Tf ee e. The doll owin a Market Indexes will be used for the followbi�m�aite�irria Ll. Tubs and Lids- Thermoform - Mix Glass- * Milk Cartons /Juice Boxes, oil lc m. WAS, 1AR Market Index PPW/013M - ONP #8 High side Chicago PPW/013M - OCC #11 High side Chicago PPW/OBM — Mix Paper #2 High side Chicago PPW/013M - Mix Paper #2 High side Chicago PPW/013M - Mix Paper #2 High side Chicago Market Price Market Price Market Price Recycling Markets.net - Chicago/Midwest Regional Low - Last Day of Month Recycling Markets.net - Chicago/Midwest Regional Low - Last Day of Month Recycling Markets.net - Ch.icago/Midwest Regional Low - Last Day of Month Market Price Market Price Market Price Market Price RRT - Newport PAGE 11 OF 14 1101; gw, �2 tvlalll 1v 1111 it Each month the Contractor shall provide, together with the monthly rebate to the City, adequate documentation of the corresponding monthly estimate of tons of all paper An lAn +kn r,,-% +kin r,41.4 AA grades and tons of aluminum collected from the City. ad LI I U 1%-f V IV I t -Also, the Contractor shall provide copies of the referenced OBM market index and AMM market index. I 4.-55.5 Month ly Statements -The Contractor will subm it a month ly statement for services rendered. The City will pay within 60 days of receipt of the Contractors monthly statements. 4-65.6 CDU Yearly Review - Yearly the City and the Contractor will review add itions or subtractions from the total CDU count. Should the Contractor request more frequent review, the City will assist in this count and discussion. 6 SINGLE STREAM CARTS 6.1 F ree wa I k- u in Specif. iread, in 1.20 shall j2gg, I costa. �ice as _pLroyided for afl 4,76.2 The ContraeLor must conduct at ileast once, Contractor, curbside recyrclinq cart checks. The Contractor shallaudft the contents of carts from at least 25 households and lewle education taclsF, anv I\41on-Taraeted Matedals[SAY1 11 are found in the bins. A to shall be kgpl of all resident addresses where education ts luvere left and the addresses all be included in the l r 4-86.3Multi Single Stream The Contractor shall convert the" carts as reo\A bgy i to '"sincile-stream" carts. This _q , n nnout the lids or addinUsi new instructional sticker/ Gonversion mi ail be addinessed throuclh chann "dual-stream" label. The Contractor mav a6 -o use dguMpsters for mufti-uanftft sin 'Ie - label ov, er the old' g.— single-stream Eggypli st ream collection but the dumpsters shall have the alpp�.op�nate labelinq foi 9 1161,111 TSAYI 2] disputes and all disputes will be subject to 1. Minnesota law governs 1 the jurisdiction of the Ramsey County District Court. 2. The parties agree that, in addition to any other remedies available to it, the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligation under this 6agreement. These are liquidated damages not penalties. Further, the City and Contractor agree that proving damages due to the circumstances listed below would be difficult to ascertain and would cause considerable delay and expense. Instead of requiring such proof, the City and Contractor agree to liquidated damages (not a penalty) in the following amounts: 3. Failure to clean up recyclables spilled by Contractor within six (6) hours of oral or written notification -- $50.00 per incident. 11�110,1_ 4. Failure to complete City-wide collection Y1 without permission for extension from the Recycling Coordinator and/or other City PAGE 12 OF 14 ;!�mployee with exception of severe weather and street construction -- $2,500 per iwcident. Prior to commencement of this Aagreement, the Contractor shall furnish the City with Certificates of Insurance for comprehensive general liability, automobile liability and property damage insurance. Certificates of Insurance shall name the Ci,t\ as an additional insured. Any losses to person or property connected with the collection of recyclable materials through this project shall be the responsibility of the Contractor. Nothinq herein shall be deemed to constitute a waiver bv the Citv of jftfiabtv it enigys under common law or under Minnesota 1StatWes, -� apter 466. 1h : 10! 1011 11 1k, I I III I I The Contractor hereby agrees to indemnify and hold harmless the City and it employees, officers, and agents from and against all claims, damages, losses o expenses, including attorneys' fees and other costs of defense, for which it may be hell PAGE 13 OF 14 liable, arising out of or resulting from the assertion against the City of any claims, debts, or obligations in consequence of the performance of this Aagreement by the Contractor, its employees, agents or subcontractors. 9.1 Term — ti 1 i MT� M-41 W1 0% Or) I A kit n Q -!I rl nA +r% 1,1;nr *,Zr) n-OP-n5Z 101 n-1 'Z he teny, ofthis aareement shall be from September 30'.. 2014 throuah December ^41, 2018. nv%A I'^n+r0g4r�r r,=S 7,49.2 Extension — The City ILX" tvi IM 0,.w, a e erves the right to amend the Agreement to allow for extension. This action must be approved by the City Council. 7-.29.3 Ten-nination — If in the City's sole discretion, the Contractor or subcontractor fails to perfon-n this 6agreement diligently and on schedule or fails to reach mutual agreement where the terms of this 6agreement so speci�y, the City shall have the right to ten-ninate this Alagreement. Prior to ten-nination, the City shall give thirty (30) days written notice identifying the basis of the intent to terminate. After the notice of intent to terminate has been served, both parties will attempt to reconcile their dfferences during the 30 -day notice period. If after the 30 day notice period the basis of the intent to terminate has not been cured to the satisfaction of the City, either party may conclusively terminate this Aagreement upon five (5) business days written notice serviced by certified mail, return receipt requested upon the other party, at the partys last known address. 7,39.4 Upon failure of the Contractor to fulfill any of its obligations under the Aagreement, the City may hi such persons, or assign City employees and equipment, as are necessary to cure or mitigate Contractors failure; the costs of such action may be charged and deducted from monies due the Contractor, collected from the Contractor, or collected by other legal recourse. -lit TV0 WA WM=10---o-, &--KTM,� -9.410.1 This Aagreement is assignable only by agreement of the parties. If the Contractors business is sold in whole or in part, the City reserves the right to negotiate a new agreement with any purchasers of the Contractors business or its assets. The City reserves the right to declare this Aagreement null and void within thirty (30) days of such a sale and to negotiate a new agreement for recycling collection services with the new owner G,,,-,F1L,he 1"^n+rqt4^r llk-.Wili! I if U �.ANWL%.o I assetsor through a competitive bidding process. Tim Brownell, CE* 171147W 17 1' "t M PAGE 14 OF 14 Heather Butkowski, City Administrator Date PAGE 15 OF 15 Attachment A: Single -Stream Container Transition & Cart Management Plan The City of Lauderdale and Eureka are executing an Amended and Restated Agreement for residential single -unit dwelling (i.e., SUD, "curbside") and multi -unit dwelling (MUD) recycling services. This Agreement specifies the scope, schedule and prices for the revised services under the "single- stream" collection format in which all recyclables will be commingled together by residents into one category. For all curbside residents and most MUD households, new single - stream carts will be used. For selected MUD buildings, single -stream recycling dumpsters will be used. This Attachment outlines additional operational details for the roll-out and management of the new single -stream containers (including both carts and dumpsters). D etails in this Attachment may be modified as needed and as agreed upon by Eureka and the City's Recycling Coordinator or designee. 1. The City intends to own the recycling containers. ",The City will apply to the County for a Public Entities Innovation Grant (PEIG) to help, fund its new recycling carts and dump sters. 2. The City will purchase "medium" sized -'recycling carts (e.g., about 65 -gallons), with a few smaller and larger carts available" as detailed below. The Agreement requires weekly curbside single -stream recyclables collection from single-family units. The choice of 65 - gallon carts collected weekly Will provide more recycling cart capacity than "large" (94 - gallon) carts collected every other week. 3. As a policy, the City Will issue the "standard" (i.e., medium) cart to all residences normally provided curbside recycling service. Residents must use these standard carts (not their own containers) so that Eureka can collect them with their fully automated recyclables collection trucks. 4. Residents will be instructed by Eureka and the City that all regular or traditional recyclables (e.g., paper, cans, bottles, etc.) must be placed inside the recycling container. There are notable exceptions to this general rule. The following items may be placed outside of the container: Clothes/textiles which will be. placed in a plastic bag with a tag/label that says: "CLOTHES & LINENS" and set outside the container. "Occasional" overflow recyclables can be placed outside of the container in bins or paper bags (e.g., once after a holiday, etc.) as further specified in #6 below. 5. If single -unit dwelling residents with "curbside" service have overflow recyclables three times within two months, Eureka will notify the resident in writing, copy the City and switch the resident to a large (94 -gallon) cart at no additional charge to the resident. The City will purchase a small number (five percent) of large carts in addition to the standard medium carts. ,i,. If certain residents generate a very small amount of recyclables or find the 65 gallon carts physically difficult to manage, the City Recycling Coordinator or designee may approve use of a small (3 5 gallon) container. The City will purchase a small number of carts (five percent) of the total container inventory. 7. Carts shall be consistent in colors and design with a recycling symbol that is at least 4 -inches tall on two sides and City approved instruction label on each lid so as to be e *ly identified by the resident/customer and the Contractor as the container for asi 1 recyclable materials collection. 8. MUD recvcling containers (carts or dumpsters) must be separate, explicitly labeled with .1 City approved text and graphics as to recyclables allowed, and colored differently from other containers for trash. 9. All recycling containers must be maintained in pro -per operating condition by the Contractor and be reasonably clean and sanitary,, The Contractor shall notify the property owner if containers are not in reasonably clean and sanitary condition. If the property owner does not comply the Contractor shall notify the City to help enforce compliance. 10. Eureka will provide to the City an inventory of all MUD recycling carts and dumpsters currently in use in Lauderdale. 11. If MUD residents consistently have overflow recyclables, Eureka will adjust the number or size of containers and/or the frequency of collection with the permission of the property owners and the City Recycling Coordinator or designee. 12. The City buildings and parks will be serviced by City Public Works. They will put the recyclables in standard curbside carts (or a standard recycling dumpster) at the City Public Works Garage. 13. Eureka will maintain a sufficient City -owned cart and dumpster inventory of containers that will be purchased by the City. Eureka shall service and repair these containers to meet supply and demand needs for the entire term of the contract. Eureka will provide monthly cart inventory updates, including initial container count, containers placed, containers removed, containers destroyed and containers "lost." 14. As part of the comprehensive cart rollout plan and schedule for the initial cart distribution, Eureka will produce and distribute the following educational materials under City direction. All materials must be approved by the City in writing before printing. * Single -stream system instructional brochure for all customers + Cart hang tag with detailed instructions. Single -stream system recycling instructions (text and images) for the City's website and newsletters. 15. Eureka shall provide the City with a recommended cart and dumpster order quantity (including specified overage to have in stock as excess inventory) and cart in -mold label (IML) specifications including details of color and draft content of IML instructions. 16. Eureka shall provide a detailed schedule, by day, for cart roll-out to customers, including 17. Recycling carts shall be placed by residents at curbside on collection day, placing the cart with the handle toward the house and the lid opening toward street. The Contractor shall collect from each participating household all acceptable materi * als that have been prepared according to publicized procedures. The Driver is required to place the emptied cart back down in the same curbside location as it was set by the resident; however in no case is the cart to be left in the street. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date September 9, 2014 ITEM NUMBER —Moffatt License STAFF INITIAL The city attorney revised the agreement that would allow the Moffatt's to replace their aging retaining wall and fence in the City's right-of-way. A few changes were made to the agree- ment but nothing substantial. After the Council approves it, I will get the Moffatt's to sign. Either the Moffatt's or staff will bring it to the County to be recorded. After that they can start construction. They expect that to occur in October. OPTIONS: Motion to adopt the License Agreement for Retaining Wall and Fence as presented. COUNCIL ACTION: This License Agreement for Retaining Wall and Fence (hereinafter "License Agreement for Retaining Wall and Fence") is made and entered into on the day of September, 2014, by and between the city of Lauderdale, a Minnesota municipal corporation, (the "City"), and Thomas C. Moffatt and Andrea M. Moffatt, married to each other, fee owners of 1773 Fulham Street, Lauderdale, MN 55113 (the "Owners"). WHEREAS, the City has a right-of-way easement located between Lake and Fulham Streets in the block north of lone Street; and WHEREAS, previous owners of 1773 Fulham Street constructed a retaining wall with fence over the right-of-way easement; and WHEREAS, the Owners would like to replace the deteriorated retaining wall and fence in the same location; and WHEREAS, the City Council finds that the Owners should be allowed to replace the retaining wall and fence so long as the retaining wall and fence do not interfere with the City's ability to provide sanitary sewer services to the residents served by this line. NOW, THEREFORE, subject to the license terms and conditions of this License Agreement for Retaining Wall and Fence, in reliance upon the above recitals, and in reliance upon the representations and warranties of the parties herein contained, the City and the Owners agree as follows: ARTICLE I OWNERS'IMPROVEMENTS ® RETAINING WALL AND FENCE. The Owners will meet the following conditions 361051 R-FiB MN415-94 with regard to the reconstruction of a retaining wall and fence on their property line. • The Owners will apply for a building permit for the retaining wall if its height is four feet or greater. The Owners will apply for a zoning permit for the retaining wall if its height is below four feet. The Owners will apply for a zoning permit for the construction of the fence. • The Owners will demonstrate to the City in writing that they have permission from the owners of 1768 Lake Street to use their property as needed to construct the retaining wall on the property line. • The Owners will not construct the retaining wall or fence within five feet of the sanitary sewer manhole located on their northern property line. • The Owners will pay for any legal, engineering, and recording costs incurred by the City in association with the execution of this agreement. ARTICLE 2 '%---'.ITY LICENSE GRANTED 2.1 LICENSE GRANT. The City hereby grants the Owners a license to maintain the improvements in the right-of-way easement area pursuant to the terms and conditions of this License Agreement for Retaining Wall and Fence. 2.2 LICENSE. The terms of this License Agreement for Retaining Wall and Fence shall create a license for the current and subsequent Owners to maintain the retaining wall and fence within the easement area. 2.3 SCHEDULED SEWER REPAIRS AND MAINTENANCE. Nothing herein prevents the City from accessing the sanitary sewer manhole and easement area for the purpose of sewer repairs and maintenance. In the event the anticipated sewer repairs require the removal of some or part of the retaining wall and fence, the Owners will be notified by the City no less than 30 days from the anticipated start of the repair and maintenance work. The cost and effort to reconstruct the retaining wall and fence after the completion of the sewer work is born by the Owners. 2.4 EMERGENCY SEWER REPAIRS. Nothing herein prevents the City from removing the retaining wall and fence, without notice to the Owners, in the event of a sewer emergency. The cost and effort to reconstruct the retaining wall and fence after the completion of the sewer work is born by the Owners. 2.5 NO TAKING. The termination of this License Agreement for Retaining Wall and Fence by the City shall not constitute a taking as defined in Minnesota Statutes, § 117.025. The City and the Owners acknowledge and agree that the City must have the ability to use the right-of-way easement dedicated by the plat for any public purpose. 361051 RHB MN415-94 ARTICLE 3 INDEMNIFICATION OF CITY 3.1 INDEMNIFICATION OF CITY. The Owners hereby agree to indemnify, defend, and hold the City, its council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of the construction or maintenance of the retaining wall or fence. In no event shall the Owners be responsible to indemnify the City for any claim, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and attorneys' fees, that are incurred due to the negligence or intentional misconduct of the City. 3.2 'GOVERNMENTAL IMMUNITY. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by the Owners, its successors or assigns, shall, be subject to any governmental immunity defenses of the City and the maximum liability limits provided in Minnesota Statutes, Chapter 466. • 4.1 'TERMINATION FOR PUBLIC PURPOSE. This License Agreement for Retaining Wall and Fence may be terminated by the City upon passage of a City council resolution finding that the right-of-way easement is needed for any alternative public purpose which may require either a temporary, partial, permanent and/or total elimination of the improvements within the easement area. The termination of this License Agreement for Retaining Wall and Fence shall be effective upon the City's service of said resolution upon the Owners pursuant to the notice requirements. ARTICLE 5 UISCELLANEOUS 5.1 'CITY'S DUTIES. The terms of this License Agreement for Retaining Wall and Fence shall not be considered an affirmative duty upon the City to complete maintenance of the improvements within the right-of-way easement area. 5.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the City or Owners under this License Agreement for Retaining Wall and Fence. The conditions of this License Agreement for Retaining Wall and Fence are intended for the benefit of the parties hereto and are not intended to create any third party beneficiaries. 361051 RHB MN415-94 5.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this License Agreement for Retaining Wall and Fence is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this License Agreement for Retaining Wall and Fence. 5.4 AMENDMENT. The parties hereto may by mutual written agreement amend this License Agreement for Retaining Wall and Fence in any respect. Any agreement on the part of any party for any such amendment must be in writing. 5.5 'GOVERNING LAW. This License Agreement for Retaining Wall and Fence shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.6 NOTICE. Any notice, required to be given under this License Agreement for Retaining Wall and Fence shall be sufficiently given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to City: City of Lauderdale Attention: City Administrator 1891 Walnut Street Lauderdale, MN 55113 If to Owners: Thomas and Andrea Moffatt 1773 Fulham Street Lauderdale, MN 55113 or to subsequent owners as provided in records maintained by Ramsey County, Property Records and Revenue Department. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above. 5.7 COUNTERPARTS. This License Agreement for Retaining Wall and Fence may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 5.8 HEADINGS. The subject headings of the paragraphs and subparagraphs of this License Agreement for Retaining Wall and Fence are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. IN WITNESS WHEREOF, the parties have executed this License Agreement for Retaining Wall and Fence. 361051 RHB MN415-94 Jeffrey Dains, Mayor Heather Butkowski, City Clerk -Administrator STATE OF MINNESOTA ) ss: COUNTY OF RAMSEY ) On this day of September, 2014, before me a notary public within and for said county, personally appeared Jeffrey Dains and Heather Butkowski to me personally known, who being each by me duly sworn, each did say that they are respectively the mayor and city clerk -administrator of the city of Lauderdale, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its city council and said mayor and city clerk -administrator acknowledged said instrument to be the free act and deed of said municipality. Notary Public 361051 RHB NIN415-94 10 ss. COUNTY OF ffel • Thomas C. Moffatt Andrea M. Moffatt On this day of September, 2014, before me, a notary public within and for said county, personally appeared Thomas C. Moffatt and Andrea M. Moffatt, married to each other, who being by me duly sworn, did say that they are the owners of 1773 Fulham Street as named in the foregoing instrument. Notary Public This Instrument Was Drafted By: Kennedy & Graven, Chartered (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 361051 RHB MN415-94