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HomeMy WebLinkAbout09/25/2012LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, SEPTEMBER 25, 2012 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the September 11, 2012, City Council Meeting c. Minutes of the September 13, 2012, Special City Council Meeting d. Claims Totaling $34,734.60 4. CONSENT a. Rental Housing Licenses b. Resolution 092512A — A Resolution Regarding the Rental Housing License for the Property at 1954 Malvern Street 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Presentation by University of Minnesota Sustainability Class 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEMS a. Skyview Park Improvements 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Open Burning Ordinance b. 1843 Malvern — Retaining Wall Agreement c. City Logo 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. 2013 — 2022 Capital Improvement Plan 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 September 11, 2012 Mayor Dains called the City Council meeting to order at 7:33 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, Lara Mac Lean, and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator, Jim Bownik, Assistant to the City Administrator, Kevin Kelly, Deputy City Clerk. Mayor Dains asked for changes to the meeting agenda. Butkowski added park committee applications to the agenda. Councilor Grove moved to approve the agenda as amended. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Grove moved to approve the August 28, 2012, City Council meeting minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $85,807.71. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Grove moved to approve the consent agenda acknowledging the rental housing licenses and PCIC minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Informational Presentations/Reports: Ramsey County Sheriff Matt Bostrom addressed the Council. Sheriff Bostrom stated his goal is to meet with policy makers in the county annually to provide information on county policing initiatives. Bostrom stated his department has five core responsibilities defined by statute: detention services, managing the courts, highway patrol, water patrol, and administrative support and investigations. Bostrom highlighted the new computer aided dispatch system being implemented to improve communication with the 911 dispatch center. The new system will allow for texted service requests and better handle cell phone calls. Bostrom also explained the Ramsey County Sheriffs Foundation is raising funds for training and equipment of officers in the K9 unit and youth initiatives. The Council took a break after the presentation from 8:04 p.m. to 8:07 p.m. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hail 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 Discussion. Items: 2013 Budget and Preliminary Levy September 11, 2012 The Council reviewed the proposed budget and discussed the levy needed to fund city operations for 2013. The Council generally agreed in a 2% levy increase. Due to the increase in anticipated fiscal disparities revenue for 2013, the 2% increase would result in an $8,790 decrease in the tax amount to be spread among property owners. The Truth in Taxation Hearing was scheduled for December 11 at 7:30 p.m. to allow public input into the budgeting process. Councilor Grove moved to adopt Resolution 091112A — A Resolution Levying Taxes for 2012 Payable in 2013 and Establishing the Date of the Truth in Taxation Hearing. Councilor Mac Lean seconded the motion and it passed unanimously. Draft Agreementfor Consideration of a Concrete Barrier for 1843 Malvern Street Ralph Mikel was present to address the Council regarding compensation for a retaining wall off of his alley. Staff presented the Council with a draft agreement for consideration. Mikel and the City Attorney will review the agreement before it comes to Council for a vote. City Logo The Council looked over the images prepared by the designer based on the recommendations made by the Council. The Council suggested further changes to the design. An updated version will be brought to the Council at a future meeting. Additional Items Butkowski said that current Park and Community Involvement Committee (PCIC) members Monica Gallagher and Trygve Hanson would like to be reappointed and Matt Eisenschenk would like to join the committee. With the approval of the listed members, the PCIC will have four citizens on the committee. Councilor Hawkinson moved to approve the members to the PCIC. Councilor Mac Lean seconded the motion and it passed unanimously. Agenda items for the September 25 Council Meeting are a discussion regarding the Capital Improvement Plan and use of remaining TIF funds, presentation by Sustainability Minor students from the University of Minnesota, and consideration of changes to the Open Burning Ordinance. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 September 11, 2012 Mayor Dains explained the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. The Mayor asked if anyone present wished to address the Council. No one present wished to address the Council. Special Donations for the Halloween Party A Lauderdale family donated children's gifts, money, and other items for the annual Halloween Party. Bownik stated the PCIC recommended distributing the gifts during the Halloween Party. City Hall is generally crowded during the event and the Council felt it would be difficult to fairly distribute such a large number of gifts. The Council expressed its appreciation for the items but suggested finding another means of disseminating them. Councilor Grove will meet with police and fire representatives to determine the best way to distribute the items. There being no further business on the council agenda, Councilor Grove moved to adjourn the meeting. Councilor Mac Lean seconded the motion and it carried. The meeting adjourned at 8:56 p.m. Respectfully submitted, Kevin Kelly Deputy City Clerk LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 2 September 13, 2012 Mayor Dains called the Special City Council Meeting to order at 6:05 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, Lara Mac Lean, and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator, Jim Bownik, Assistant to the City Administrator. Mayor Dains asked for changes to the meeting agenda. The Council offered no changes to the agenda. Councilor Grove moved to approve the agenda. Councilor Mac Lean seconded the motion and it passed unanimously. The meeting continued the hearing that began on August 16 to discuss the rental housing license held by Allan Giese, owner of 1954 Malvern Street. The Mayor noted that city attorneys Ron Batty and Katrina Joseph would be addressing the Council on the matter. Batty said the council packet contained a memo providing guidance on how the meeting should continue procedurally. He also provided a resolution with the findings of fact known from the previous meeting that the Council could either use or disregard. At this meeting the Council would take further testimony and then made a decision regarding the facts. Joseph addressed the Council. She noted the tenant of the lower unit, Orasa Mehrete, would be appearing in court on September 25 on the noise complaint. After the August hearing, there were two additional police calls. Joseph charged Mehrete for the noise complaint that occurred on August 20. She said the call from August 31 regarding the upper unit is not the type of violation she would normally charge. The call did, however, meet the criteria to be a violation of the rental housing ordinance. The Mayor opened the floor for public comments at 6:12 p.m. Jodi Glauvitz, tenant of the upper unit, addressed the Council. She said she was shocked when the police responded to a noise complain at her unit. She believes the caller heard a visitor to her unit who has a loud laugh. She felt the call was retaliatory. Doug Turner, attorney for Allan Giese, Giese Rice Creek, LLC addressed the Council. Turner asked the Council not to revoke the license. He asked the Council not to revoke the license before the leases expire. The Mayor closed the hearing at 6:17 p.m. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 2 September 13, 2012 Councilor Grove asked whether the property was in foreclosure. Batty said the sheriff sale happened on August 31. Turner and the tenants confirmed they were aware of the sheriff's sale. Councilor Gaasch expressed frustration with the additional police calls. She said at a minimum the license should not be renewed or the license should be revoked sooner. Councilor Mac Lean reiterated the frustration with the additional police calls since the last meeting. Councilor Hawkinson piggy backed on the concern. The Mayor said he too was disappointed by the additional police calls. He asked Batty to clarify whether the Council can still revoke the license if there are future violations if the Council decides to not renew the license in 2013. He said they could but should hold another hearing before making that decision. The Council discussed the upper unit. They opted not to take action against this unit at this time. Councilor Grove suggested not renewing the license for the lower unit effective January 1, 2013. Councilor Hawkinson agreed. Councilor Mac Lean suggested revoking the license effective on November 1, 2012. Batty addressed the issue of the pending foreclosure. He said the sheriff sale resulted in a change in ownership. Since licenses are not transferable, the City will have to address the issue of ownership should someone apply for a license in 2013. The Council continued discussing whether to revoke or not renew the license for 1954 Malvern Street. The general consensus was not to renew the license. Councilor Gaasch moved to direct staff to revise the resolution to reflect comments made during the meeting. Councilor Grove seconded the motion and it carried with all voting in the affirmative. There being no further business on the council agenda, Councilor Hawkinson moved to adjourn the meeting. Councilor Mac Lean seconded the motion and it carried. The meeting adjourned at 7:00 p.m. Respectfully submitted, e�r Butkowski City Administrator CITY OF LAUDERDALE CLAIMS FOR APPROVAL September 25, 2012 City Council Meeting Payroll 09/14/12 Payroll: Direct Deposit # 501436-501440 09/14/12 Payroll: Payroll Liabilities, e -payments #702E -704E Vendor Claims 09/25/12 Claims: Check #'s 21402-21417 $7,355.38 $5,800.44 $21,578.78 SUBTOTAL $34,734.60 Total Claims for Approval $34,734.60 CITY OF LAUDERDALE 09/13/12 11:56 AM Page 1 *Claim Register© 091412pyrll Claim Type Direct Tota $5,800.44 Pre -Written Check $5,800.44 Checks to be Generated by the Compute $0.00 Total $5,800.44 SEPTEMBER 2012 Claim Type Direct Claim# 2883 NORTH STAR BANK, CHECKING S Ck# 000702E 9/13/2012 Cash Payment G 101-21703 FICA WITHHOLDING. 9/14/12 Payroll $1,626.70 Invoice Cash Payment G 101-21701 FEDERAL TAXES 9/14/12 Payroll $1,130.57 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $2,757.27 Claim# 2884 ICMA Ck# 000703E 9/13/2012 Cash Payment G 101-21705 ICMA RETIREMENT 9/14/12 Payroll $1,474.18 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $1,474.18 Claim# 2885 PERA., H Ck# 000704E 9/13/2012 Cash Payment G 101-21704 PERA 9/14/12 Payroll $1,568.99 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $1,568.99 Claim Type Direct Tota $5,800.44 Pre -Written Check $5,800.44 Checks to be Generated by the Compute $0.00 Total $5,800.44 CITY OF LAUDERDALE 09/21/12 10:35 AM Page 1 *Claim Register© 092512cl SEPTEMBER 2012 Claim# 2892 MAMA Ck# 021409 9/25/2012 Cash Payment Invoice E 101-41200-308 TRAIN ING\CONFERENCE June, Aug. & Sep. Luncheon - HB $60.00 Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $60.00 Claim Type Direct Cash Payment E 101-41200-201 GENERAL SUPPLIES Claim# 2886 PREMIUM WATERS, INC Ck# 021411 9/25/2012 Invoice Cash Payment E 101-41200-208 WATER DELIVERY 8/12 Water Delivery E 101-41500-201 GENERAL SUPPLIES $23.53 Invoice Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $23.53 Claim# 2888 RAMSEY COUNTY, PROP RE C & R Ck# 021412 9/25/2012 Cash Payment E 405-48500-327 OTHER SERV- SEWER/N 2011 TIF Administrative Expenses DIP Art Supplies - Michael's $749.32 Invoice Cash Payment Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $749.32 Claim# 2889 XCEL ENERGY, PARK & GARAGE Ck# 021416 9/25/2012 Cash Payment Cash Payment E 101-43000-383 GAS UTILITIES 8/12 PW and Warming House $28.71 Invoice Cash Payment E 101-45200-383 GAS UTILITIES 8/12 PW and Warming House $28.71 Invoice Cash Payment E 101-43000-381 ELECTRIC 8/12 PW and Warming House $16.23 Invoice Cash Payment E 101-45200-381 ELECTRIC 8/12 PW and Warming House $16.24 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $89.89 Claim# 2890 SPRINT PCS Ck# 021413 9/25/2012 Cash Payment E 602-49100-391 TELEPHONE/PAGERS 8/12 PW Cell Phones $18.13 Invoice Cash Payment E 601-49000-391 TELEPHONE/PAGERS 8/12 PW Cell Phones $18.13 Invoice Cash Payment E 101-43000-391 TELEPHONE/PAGERS 8/12 PW Cell Phones $36.25 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $72.51 Claim# 2891 XCEL ENERGY, STREET LIGHTING Ck# 021417 9/25/2012 Cash Payment E 101-43000-380 STREET LIGHT UTILITY 8/12 Street Lights $519.21 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $519.21 Claim# 2892 MAMA Ck# 021409 9/25/2012 Cash Payment Invoice E 101-41200-308 TRAIN ING\CONFERENCE June, Aug. & Sep. Luncheon - HB $60.00 Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $60.00 Claim# 2893 NORTH STAR BANK, CHECKING S Ck# 021410 9/25/2012 Cash Payment E 101-41200-201 GENERAL SUPPLIES office supplies $55.49 Invoice Cash Payment E 101-41500-201 GENERAL SUPPLIES Blue Tape for Election $3.96 Invoice Cash Payment E 201-45600-377 DAY IN THE PARK DIP - Party City Potato Sacks $42.80 Invoice Cash Payment E 201-45600-377 DAY IN THE PARK DIP Art Supplies - Michael's $27.28 Invoice Cash Payment E 201-45600-377 DAY IN THE PARK Party City Games Supplies $58.84 Invoice Cash Payment E 101-41200-308 TRAINING\CONFERENCE APMP Conference - JB $25.00 Invoice CITY OF LAUDERDALE 09/21/12 10:35 AM Page 2 *Claim Register© 092512cl SEPTEMBER 2012 Cash Payment E 101-41200-203 POSTAGE Certified Mail $5.75 Invoice Cash Payment E 101-41200-442 MISC Coffee Filters and Vinegar $3.41 Invoice Cash Payment E 101-41500-440 MEETING EXPENSES Election Judge Food $51.67 Invoice Cash Payment E 201-45600-440 MEETING EXPENSES PCIC Meeting - Pizza Hut $28.00 Invoice Transaction Date 9/13/2012 Due 0 NORTH STAR CHE 10100 Total $302.20 Claim# 2894.:.. INTEGRA Ck# 021407 9/25/2012 Cash Payment E 101-41200-391 TELEPHONE/PAGERS 8/12 Fax Line $47.11 Invoice Transaction Date 9/17/2012 Due 0 NORTH STAR CHE 10100 Total $47.11 Claim# 2895 LMCIT Ck# 021408 9/25/2012 Cash Payment E 101-41100-361 GENERAL LIABILITY 8/1/12-8/1/13 Liability/auto/property/bonds $4,978.00 Invoice Cash Payment E 101-41200-361 GENERAL LIABILITY 8/1/12-8/1/13 Liability/auto/property/bonds $4,355.75 Invoice Cash Payment E 601-49000-361 GENERAL LIABILITY 8/1/12-8/1/13 Liability/auto/property/bonds $1,555.62 Invoice Cash Payment E 602-49100-361 GENERAL LIABILITY 8/1/12-8/1/13 Liability/auto/property/bonds $1,555.63 Invoice Transaction Date 9/17/2012 Due 0 NORTH STAR CHE 10100 Total $12,445.00 Claim# 2896 HOME DEPOT CRC C k# 021406 9/25/2012 Cash Payment E 201-45600-377 DAY IN THE PARK Tarp for DIP slide $92.06 Invoice Cash Payment E 101-43000-228 MISC REPAIRS MAINT S Weathershield for Warming House $21.49 Invoice Cash Payment E 101-43400-442 MISC Tape Measure $19.97 Invoice Cash Payment E 101-41500-442 MISC Tape Measure for Election $16.97 Invoice Transaction Date 9/17/2012 Due 0 NORTH STAR CHE 10100 Total $150.49 Claim# 2897 TEE SQUARED SCREENPRINTING�3 Ck# 021415 9/25/2012 Cash Payment E 201-45600-368 FUN RUN/WALK 5K t -shirts $467.50 Invoice Transaction Date 9/17/2012 Due 0 NORTH STAR CHE 10100 Total $467.50 Claim# 2898 EUREKA RECYCLINGr y Ck# 021404 9/25/2012 Cash Payment E 203-50000-389 RECYCLING CONTRACT 9/12 Recycling Contract $2,216.16 Invoice Transaction Date 9/20/2012 Due 0 NORTH STAR CHE 10100 Total $2,216.16 Claim# 2899 STANTEC - Ck# 021414 9/25/2012 Cash Payment E 101-48100-306 CONSULTING FEES Council Meeting, Storm Water Planning, $600.00 communication with developers Invoice Cash Payment E 602-49100-304 ENGINEERING Council Meeting, Storm Water Planning, $300.00 communication with developers Invoice CITY OF LAUDERDALE 09/21/12 10:35 AM Page 3 *Claim Register© 092512cl Pre -Written Check $21,578.78 Checks to be Generated by the Compute $0.00 Total $21,578.78 SEPTEMBER 2012 y Transaction Date 9/20/2012 Due 0 NORTH STAR CHE 10100 Total $900.00 Claim# 2900 G}& K SERVICES Ck# 021405 9/25/2012 Cash Payment E 601-49000-425 CLOTHING 8/12 PW Clothing $52.34 Invoice Cash Payment E 602-49100-425 CLOTHING 8/12 PW Clothing $52.34 Invoice Transaction Date 9/20/2012 Due 0 NORTH STAR CHE 10100 Total $104.68 Claim# 2901 CITY OF FALCON HEIGHTS Ck# 021402 9/25/2012 Cash Payment E 101-42100-321 FIRE CALLS 8/12 Fire Calls $2,386.18 Invoice Transaction Date 9/21/2012 Due 0 NORTH STAR CHE 10100 Total $2,386.18 Claim# 2902 ENGBERG-SHABER AGENCY, INC. Ck# 021403 9/25/2012 Cash Payment E 602-49100-361 GENERAL LIABILITY 2012-2013 Insurance Agent Fee $130.62 Invoice Cash Payment E 101-41100-361 GENERAL LIABILITY 2012-2013 Insurance Agent Fee $418.00 Invoice Cash Payment E 101-41200-361 GENERAL LIABILITY 2012-2013 Insurance Agent Fee $365.75 Invoice Cash Payment E 601-49000-361 GENERAL LIABILITY 2012-2013 Insurance Agent Fee $130.63 Invoice Transaction Date 9/21/2012 Due 0 NORTH STAR CHE 10100 Total $1,045.00 Claim Type Direct Tota $21,578.78 Pre -Written Check $21,578.78 Checks to be Generated by the Compute $0.00 Total $21,578.78 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date September 25, 2012 ITEM NUMBER: 2012 Rental & Business Licenses STAFF INITIAL: KK DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: A list of rental property and business owners who have completed the rental hous- ing inspections and/or renewed their application for licensure for 2012. 2391 Larpenteur —Rental Housing 1806 Malvern—Rental Housing OPTIONS: 1. Motion to approve listed licenses for 2012. 2. Motion to deny all or some of the listed license applications for 2012. STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the completed 2012 Licenses on the attached list. COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date September 25, 2012 ITEM NUMBER 1954 Malvern STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: On September 13, the Council continued the hearing regarding the rental housing li- cense of Allan Giese, owner of 1954 Malvern Street. After taking testimony, the Council directed staff and the City Attorney to draft a resolution summarizing the hearings and articulating the Council's desire not to renew Allan Giese's license in 2013. You may remove the item from the Consent Agenda to discuss or amend the resolu- tion prior to adoption. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution 092512A A Resolution Regarding the Rental Housing License for the Property at 1954 Malvern Street. COUNCIL ACTION: RESOLUTION NO. 092512A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION REGARDING THE RENTAL HOUSING LICENSE FOR THE PROPERTY AT 1954 MALVERN STREET WHEREAS, on July 25, 2006, the city council of the city of Lauderdale (the "City") adopted an ordinance regarding rental housing licensing within the community which was codified as Chapter 11 of the Lauderdale city code (the "Ordinance"); and WHEREAS, section 9-11-1 of the Ordinance states that its purpose is to protect the public health, safety and welfare of the community at large and the residents of rental dwellings to ensure that such housing is decent, safe and sanitary and to ensure that it is operated and maintained so as not to become a nuisance to the neighborhood, an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community; and WHEREAS, section 9-11-1 of the Ordinance also states that owners and operators of rental housing are engaged in a business enterprise that entails certain responsibilities, including taking reasonable steps to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure and sanitary; free from noise, nuisance or annoyance; and free from unreasonable fears about the safety of persons and security of property; and WHEREAS, in order to accomplish those purposes, the Ordinance makes it unlawful to operate a rental dwelling within the community without first obtaining a license from the City; and WHEREAS, the property located at 1954 Malvern Street (the "Property") is a duplex which is operated as a two -unit rental dwelling; and WHEREAS, the Property is owned in fee by Giese Rice Creek, LLC (the "Owner"), whose business address is 9551 Marshall Road, Eden Prairie, Minnesota; and WHEREAS, for calendar years 2010 and 2011, the rental dwelling license (the "License") for the Property was held by the Owner; and WHEREAS, for calendar year 2012 the License has been in the name of Allan Giese; and WHEREAS, the License provides for two rental units (the "Upper Unit" and the "Lower Unit") on the first and second floors of the dwelling, respectively; and 410572 RM LA135-3 1 WHEREAS, section 9-11-6 A of the Ordinance makes the Owner responsible for violations of the duties and obligations of the Ordinance regarding rental dwellings even if the duty or obligation is also imposed by the Ordinance on the tenant or even if the Owner, by agreement, has imposed the duty or obligation on the tenant; and WHEREAS, section 9-11-10 A of the Ordinance requires that the Owner ensure that tenants conduct themselves in a manner so as not be cause a property to be disorderly; and WHEREAS, a property is considered disorderly under the Ordinance if the conduct of a tenant violates any of 11 specified provisions of state statute or city ordinance; and WHEREAS, sections 9-11-10 C, D and E of the Ordinance provide for formal notice from the City to the Owner for first, second and third violations, respectively, of the prohibition against use of a property in a disorderly manner; and WHEREAS, on January 14, 2012, officers of the St. Anthony police department (the "Police") under an agreement for police services between the cities of Lauderdale and St. Anthony, responded to a radio call regarding a loud party in the Lower Unit which resulted in the arrest of two visitors on outstanding warrants, the details of which incident are contained in Police incident report no. 12000370; and WHEREAS, on March 20, 2012, the Police responded to a radio call concerning a loud argument between occupants of two vehicles near the Property and persons in the Lower Unit, the details of which incident are contained in Police incident report no. 12002382; and WHEREAS, on May 10, 2012, the Police responded to a call from a neighbor regarding an assault at the Property which resulted in taking a victim to the hospital, the details of which incident are contained in Police incident report no. 12003805 (the "First Violation"); and WHEREAS, the First Violation involves disorderly conduct in violation of Ordinance sections 9-11-10 A 7 and 10; and WHEREAS, by letter dated May 10, 2012, Heather Butkowski, the Lauderdale city administrator (the "City Administrator"), notified the Owner that this incident constituted the First Violation of the Ordinance; and WHEREAS, in response to a previous notice from the City Administrator regarding a second violation and as required by Ordinance section 9-11-10 D, the Owner submitted a written report dated May 16, 2012 (the "Management Plan") detailing the actions taken and proposed to be taken by the Owner to prevent further disorderly use of the Property; and WHEREAS, on June 16, 2012, the Police responded to a radio call regarding a heated argument outside near the Property, the details of which incident are contained in Police incident report no. 12005202; and 410572 REB LA135-3 2 WHEREAS, on June 24, 2012, the Police responded to a radio call regarding a disturbance in the front yard of the Property, the details of which incident are contained in Police incident report no. 12005442 (the "Second Violation"); and WHEREAS, the Second Violation involves disorderly conduct in violation of Ordinance sections 9-11-10 A 7 and 10; and WHEREAS, by letter dated July 16, 2012, the City Administrator notified the Owner that this incident constituted the Second Violation of the Ordinance; and WHEREAS, on July 15, 2012, the Police responded to a radio call regarding loud music from the Property which resulted in a citation of the tenant of the Lower Unit and observation by the Police of the possession of illegal drugs in the Lower Unit, the details of which incident are contained in Police incident report no. 12006091 (the "Third Violation"); and WHEREAS, the Third Violation involves disorderly conduct in violations of Ordinance sections 9-11-10 A 3, 7 and 10; and WHEREAS, by letter dated August 3, 2012, the City Administrator notified the Owner of the Third Violation and of a hearing to be held by the city council pursuant to section 9-11-10 E of the Ordinance; and WHEREAS, pursuant to section 9-11-10 E 2 of the Ordinance, the City is authorized to revoke, suspend or decline to renew the License for all or any part or parts of the Property; and WHEREAS, on August 16, 2012, the city council opened a hearing (the "Hearing") to consider whether the License for all or any part or parts of the Property should be suspended, revoked or not renewed; and WHEREAS, at the Hearing, the city council considered the written materials in the council meeting packet, which included copies of the Police incident reports for the First, Second and Third Violations; Police incident reports regarding three additional incidents which occurred at the Property on January 14, 2012, March 20, 2012 and June 16, 2012; a memorandum from the city attorney; the City Administrator's letters to the Owner regarding the First, Second and Third Violations; the Owner's May 16, 2012 Management Plan; and a copy of the Ordinance; and WHEREAS, at the Hearing, the city council heard testimony from the Owner's representatives, including the Owner's attorney and the manager of the Property, from the tenants of the Lower and Upper Units, and members of the public and considered the comments of the City Administrator and city attorney; and WHEREAS, following dialogue with the Owner's representatives and the City Administrator and city attorney and discussion among themselves, the city council continued the Hearing to September 13, 2012; and 410572 RM LAI 35-3 3 WHEREAS, at the continued Hearing on September 13, 2012, the city council heard additional testimony from the tenant of the Upper Unit and from the Owner's attorney and reviewed additional written material including information about a Police call to the Property on August 20, 2012 involving loud music from the Lower Unit and contact with a male who identified himself as a resident, the details of which incident are contained in Police incident report no. 12007427 and which has subsequently resulted in a criminal complaint against the tenant of the Lower Unit, and a Police call to the Property on August 31, 2012 regarding loud noise, the details of which incident are contained in Police incident report no. 12007991. NOW, THEREFORE, after careful consideration of all written materials submitted and the oral testimony offered at the Hearing, the city council makes the following findings: 1. The Owner has obtained a License and operates the Property as a two -unit rental dwelling under the License and pursuant to the Ordinance; 2. The Owner has no legal authority to operate the Property as a rental dwelling except under the License issued by the City pursuant to the Ordinance; 3. Conduct has occurred which has resulted in the Property being used in a disorderly manner in violation of the Ordinance, including the First, Second and Third Violations as well as the additional incidents which occurred on January 14, 2012, March 20, 2012, June 16, 2012 and August 20, 2012; 4. The Police incident reports show a consistent lack of willingness by residents and visitors to cooperate with the Police when called to the Property, which lack of cooperation impedes effective police work and endangers all residents of the Property and of the community as a whole; 5. The Police incident reports regarding the First, Second and Third Violations as well as those concerning the additional four incidents at the Property since January 14, 2012 are credible and have not been impeached in any substantive manner by any written evidence or oral testimony presented at the Hearing; 6. The Owner has failed in its duty under the Ordinance and in spite of the promises and representations made in the Management Plan to ensure that the Property is not used in a disorderly manner; 7. Conduct has repeatedly occurred on the Property which causes it to be a nuisance to the neighborhood and which may foster blight, deterioration and a disincentive to reinvest in the community; 8. The City council, having conducted the Hearing and considered all evidence and testimony presented, hereby acts in a quasi-judicial capacity in this matter. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the city council of the city of Lauderdale as follows: 410572 RHB LA135-3 4 1. The Owner is hereby notified that the License for the Lower Unit of the Property will not be renewed beginning January 1, 2013. 2. The Owner is further notified that additional incidents of disorderly conduct on the Property, either before or after January 1, 2013, will be regarded as serious violations of the Ordinance and may result in additional adverse action regarding either the Upper Unit or the Lower Unit or both. NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of Lauderdale that the City Administrator send the Owner an executed copy of this resolution and that city staff and consultants, including but not limited to the City's criminal and civil attorneys, be authorized and directed to take all actions necessary or convenient to effect the intent and purpose of this resolution. Dated: September 25, 2012. Jeffrey E. Dains, Mayor ATTEST: Heather Butkowski, City Clerk -Administrator 410572 REB LAI 35-3 5 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date September 25, 2012 ITEM NUMBER U Sustainability Class STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Last night I gave a presentation about Lauderdale to the students in the University of Minnesota Sustainability Minor program. They were very interested in the City and looked forward to the opportunity to work with community members. As you already know, there will be two workshops this fall to engage residents from Lauderdale, Fal- con Heights, and St. Anthony. You should have received the official invitation to the workshop this week. They were sent out by St. Anthony. At least two students will be at the meeting to present the class and what they hope to get out of the cooperation with the cities and our residents. I have made them aware of some of the types of projects the city would like to work on through cooperation with them, but they will support projects within Lauderdale that don't involve the city as well. Feel free to ask any questions you may have for them. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE September 25, 2012 Special Public Hearing ITEM NUMBER Park Furnishings Report Discussion/Action �— STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR BACKGROUND: The Council has discussed adding a picnic table, grill and garbage can at Skyview Park, as well as two more garbage cans at the Community Park. Quotes were received from three companies. It is impossible to compare apples to apples on the garbage cans. Here's a summary of the quotes (not including freight or tax): Garbage Cans: The most important thing is that the garbage cans match what we currently have. The only way to do this is to purchase them from the same company as we have in the past. Wausau Tile is the company we've purchased them from in the past, and they are the cheaper quote. Quote— Wausau Tile $463 each ($1,389 total) Quote— MN/WI Playground $589 each ($1,767 total) Recommendation: Wausau Tile Picnic Table: We can no longer contact the company we purchased from in the past. Thus, we need to find a similar table from another company. Flanagan Sales and MN/WI Playground have similar tables. Quote— Flanagan Sales $607 Quote— MN/WI Playground $870 Recommendation: Flanagan Sales Grill: Flanagan Sales and MN/WI Playground have similar grills. Quote— MN/WI Playground $138 Quote— Flanagan Sales $206 Recommendation: MN/WI Playground OPTIONS: 1) Approve as recommended below. 2) Approve something different. 3) Do not approve. STAFF RECOMMENDATION: Motion to approve purchasing three garbage cans from Wausau Tile, one picnic table from Flanagan Sales, and one grill from MN/WI Playground for $2,134 + freight and tax. COUNCIL ACTION: MADE IN WAUSAU,. Wausau Tile QUOTATION Jim Bownik Date: 9/7/2012 City of Lauderdale Phone: (651) 792-7656 1891 Walnut Fax: Lauderdale, MN 55113 E -Mail: jim.bownick@ci.lauderdale.mn.us Project: Wausau Tile Site Furnishings PER YOUR REQUEST FOR A PRICE QUOTATION ON SITE FURNISHINGS SUPPLIED BY WAUSAU TILE, WE SUBMIT THE FOLLOWING: QTY PRODUCT DESCRIPTION UNIT PRICE EXTENSION 3 TF1 100:A4,4 Precast Waste Container: 24" dia x 44" 31 gal (420 lbs.) Exposed aggregate brown, Dome top: Brown #4 $ 463.00 $ 1,389.00 1 MF1057:96 Blue Metal, Benched Picnic Table: 96" x 64" x 31" (250 lbs.) Blue metal armor, Black Frame $ 1,132.00 $ 1,132.00 1 1 TF7198 I Grill - 300 lbs. $ 965.00 $ 965.00 Quotation is in effect for 30 days from issue date, unless otherwise noted Subtotal We quote you as above F.O.B.: Lauderdale, MN 55113 R & L Carriers Shipping & Handling $ 184.00 Shipment Can Be made In: TBD Sales Tax Not included Terms: net 30 days Total $ 3,670.00 Terms of Site Furnishing Bid: 1. This is a materials only bid valid for 30 days from date of bid. Prices are based on square footage or units as listed above. 2. Bid is based on standard colors, finishes and sizes; and, subject to change if there is any increase or decrease of quantities for this project. 3. Field measurements, specifications and quantity confirmation are responsibilities of the customer. 4. Freight rates are based on today's rates and are subject to increase due to fuel surcharge. Rates are valid for 30 days from bid. 5. Customer will be notified when product is ready for delivery. Storage charges apply if customer delays shipment more than 30 days after notice. 6. Delivery to one location unless otherwise noted in bid. 7. Both installation and assembly are the responsibility of the customer or its consignee. 8. Materials must be unloaded within 2 hours of arrival or customer will be charged for hold -over at the rate of $100/hour. 9. Wausau Tile standard purchase and warranty terms apply as stated at http://www.wausautile.com/support/standardtermsofsale.cfm. 10. Sales or use tax is customer's responsibility and due as part of the payment to Wausau Tile before shipping occurs unless a properly executed tax exempt certificate is provided to Wausau Tile. Deliver the tax exempt certificate by fax to 715-355-4627 or provide an original by mail if required by state law. PURCHASING CONDITITONS: 1. The purchase order and payment should be made out to Wausau Tile. 2. To expedite shipment, please include an address for billing and an address for delivery. Approved by: SITE FURNISHINGS DIV OF WAUSAU TILE PLEASE APPROVE AND RETURN Mark Wagner Mark Wagner— Site Furnishings Sales 8300 Golden Valley Road # 226 Golden Valley, MN 55427 Cell: 612-889-1530; Fax: 763-521-4714 Email: wagner.sales aocomcast.net ,JAVE, PO Box 1520 • Wausau, WI 54402-1520 715.359.3121 •800.388.8728 PCI Site Fumishings Fax; 715.355.4627 Paving/Terrazzo Fax: 715.359.7456 cerulw plant wtile@wausautiie.com • www.wausautlie.com 1 a n a g a n S a l e s I n c F1 Ifia. ' REVISED QUOTATION To: City of Lauderdale Date: September 17, 2012 1891 Walnut St Lauderdale, MN 55113 Contact: Jim Bownik Phone: 651-792-7656 Cell: Project: Picnic Table & Grill Fax: Email: jim.bownik@ci.lauderdale.mn.us We are pleased to provide the following quotation on items supplied by Webcoat Products Guy. Item Description Unit Price Extension 1 Table T8UL 8Ft. Table, 2 Attached 8Ft. Seats, Rounded Corners, Large $607.00 Hole 11 Gauge Punched Steel, Two 2 3/8" Legs, Portable 1 Grill GPS20 $206.00 Campfire Grill, 20" Adjustable Cooking Grate, 2 7/8" Post Inground Mt. * Prices supply only - Installation not included Sub Total $ 813.00 Freight $ 202.00 Tax 6.875% $ 69.78 Total $1,084.78 IMPORTANT INFORMATION: ♦ Quotation is valid for: 30 Days ♦ Freight based on shipment to Lauderdale, MN 55113 ♦ Shipment can currently be made in 2 - 3 Weeks upon order entry ♦ Terms: 30 Days Net Invoice. Pricing based on above quantities — any changes may require a revised quotation. ♦ Orders will be placed upon receipt of a Purchase Order or your signed acceptance of this quotation. • Purchase Orders should be made out to Flanagan Sales, Inc. Thank You! Flanagan Sales, Inc. -sue 141deis Project Manager ACCEPTED BY: DATE: 2475 Maplewood Drive • Suite 114 • St. Paul • Minnesota • 55109 Phone: 651.633.0123 • 1.800.328.3557 • Fax: 651.633.1515 • E-mail: wecanhelp@flanagansales.com Mtt�1N��O"fA•W15�dNS1N Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 763-546-7787 Fax 763-546-5050 info@mnwiplay.com table, bbq grill & trash receptacle QUOTE #6619 09/11/2012 City of Lauderdale Ship To Zip: 55113 Attn: Jim Bownik 1891 Walnut St. Lauderdale, MN 55113 Phone: 651-792-7656 8J2CVP KayPark - 2 3/8" black tube table frame w/8' $870.00 $870.00 viny plastisol table & top CTCR30PH KayPark - 30 Gallon round trash receptacle w/ $589.00 $589.00 plastic hood SB 16 KayPark - Pedestal Grill, 3/16" thick 15" x $138.00 $138.00 20" w 2 3/8" pedestal & adjustable grate SubTotal: $1,597.00 Tax: $131.38 Freight: $314.00 Total Amount: $2,042.38 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota/Wisconsin Playground. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Freight charges: Prepaid & added Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Page 1 of 2 Kay Park Recreation Corp. - Item # SB 16 g a All Categories > SB16 Pedestal Grills > Item # SB16 Item # SB16 $138.00 larger image Page 1 of 1 America's Favorite for many years. It is our most vandal -resistant pedestal grill. The 20 W x 15 D x 10 H inch fire box is made of 3/16 inch thick steel with a continuous weld type construction. A formed ash lip provides extra reinforcement and helps retain coals in the box. The 300 sq. in. cooking grill has 1/2 inch steel bars welded on 1 inch centers and adjusts to 4 heights in the anti -theft designed slots. The grill handles have heavy-duty cool spring grips designed for public use. This unit comes standard with rounded corners, drain holes, and 360 degrees rotation on a 41 inch long theft resistant pedestal. The standard finish is non-toxic, heat and rust -resistant black enamel. Two pedestal choices: 2 3/8 inch O.D. or 3 1/2 inch O.D. galvanized. Specifications Finish 4 Painted Black w/ Galv. Pedestal Pedestal O.D.2 3/8 Inch Grill Area I .. w . 300 sq. in is r Weight ' 79 lbs Mounting Options In Ground Surface Mount FOptions UT (Painted Shelf) 1 In -Ground Pedestal is Standard, Surface Mount is Optional for $20.00 http://catalog.kaypark.com/printitem/park-svc-equip-grill-fire-rings/sb 16-pedestal-grills/sb... 9/13/2012 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date September 25, 2012 ITEM NUMBER Skvview Park STAFF INITIAL I APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: On Thursday, Earl Peterson, owner of the home on the north side of Skyview Park, dropped off the attached letter at City Hall. He and I discussed the concerns he noted in the letter. He was especially concerned about the noise of the children at play, the smoke a grill would cause, and the location of a fence. He questioned whether the City would allow him to purchase some of the park property and/or whether the fence installed could be a tall privacy fence versus chain link. I told him I would address his concerns with the Council. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: Regarding fence placement: 1. Could a noise barrier fence be put in , instead of a chain-link fence; with the fence so closeto the house, yelling,screarning, noises will be substantially louder. At that point, I will have nowhere to go in the house to get away from the noise. 2. Would you put up a sign that says "please play quietly" . this could help a lot and would be grearly appreciated. 3. Please do not put in a grille on the property: because of health issues this would be difficult for me. Once the smoke gets in the house, there is no way to get the smoke out (opening the windows will not help). 4. Is it possible to purchase about 10 feet of land just past the clothesline pole? This would also help with noise abatement. Sincerely, 1738 Walnut St. Aid bV �t � &J cz cj Fr C_ Q_ f W oL J 4 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date September 25, 2012 ITEM NUMBER 2013 Budget Discussion STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Capital Improvement Plan Annually, the City Council reviews the Capital Improvement Plan (CIP) to decide what cap- ital purchases to add to the next year's budget. In the past, the plan was a little difficult to budget from because some of the items did not have a funding source or included projects that wouldn't be possible without the cooperation of other entities, like Ramsey County, for improvements to Eustis Street. This year, staff revised the CIP to show the schedule of pro- jects or purchases that have a funding course. All other items were moved to the last page. The budget includes replacing trucks and mowers on a ten year schedule and seal coating every 7 years (recommended every 5-7 years). If you compare the "Cash Balances" report with "page 8" which summarizes the resources needed to fund the CIP through 2022, you will see the funds are in pretty good health. The only fund that comes up short is the General Capital Improvement Fund (Fund 402). This can either be funded by transfers from other funds or setting aside money each year from the General Fund. In the past, excess General Revenue funds at year end were split between the street and park improvement funds. Because those funds are healthy, the Council could ded- icate any excess year-end funds to the General Capital Improvement Fund until it is fully funded. Rosehill TIF District As we have talked about over the last couple of years, the Rosehill TIF District is set to ex- pire at the end of 2013. This doesn't mean the funds have to be spent by December 31, 2013, but the City will have to show a plan for how it intends to use the money beyond this date. Alternatively, the City could return the money to the County and the City would re- ceive a portion back—about 25%. This money would be General Fund money and not have the conditions of the TIF district attached to it. The City's financial advisor, Stacie Kvilvang, prepared a memo outlining what the TIF money can be used for. This is the same memo you received last year. Currently, the City has $393,000 in the TIF Fund. We anticipate another $80,000 in the second half of 2012 DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Approximately, $200,000 is expected to be used in 2013 to cover the cost of the sewer lining project. This leaves approximately $433,000 to use for other purposes. We will go through Stacie's memo during the meeting and discuss the options. Included in the packet are the affordable housing guidelines for 2012 established by the Met Council to help you under- stand the income levels described in her memo. The TIF money may not be used for any of the park improvements noted in the CIP. Other Projects Recently, Councilor Mac Lean mentioned saving for a building to replace the warming house. Councilor Grove asked about the possibility to get Legacy grant money to build a walking path on the Lauderdale side of Walsh Lake. Putting aside all of our concerns about the future of state aid, is there a project the Council views as a priority that we should strive towards achieving? For example, if the Council is interested in a pathway around Walsh Lake, staff can bring in folks to sketch out what that would look like and how much it would cost. If the Council then wanted to proceed, we could invite the adjacent neighbors to a meeting to discuss it further. 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O C c C: Q Ca M Q ami LL v E LL LL Z 0 0 0� a) Z >, Z 0 0 M Z E E S LLwwOfLL<F-- LLUF0— LLwwF°— LL��c°C)U))z�:�: c:0— � -- N oo�1�o11er�w ���Y ��F LAUDERDALE Page Cash Balances Current Period: SEPTEMBER mnu MTD Mm Current FUND Descr /mvoum oeuu omuu Balance cAn* GENERAL G1O1-1o1nO $4.983.37 $82.227.00 -$2.412.103.25 COMMUNITY EVENTS Go01-1o1nO $317.00 $992.70 $6.723.35 COMMUNICATIONS 8o0o'1o1nO $0.00 $798.86 $20.7e8.05 RECYCLING Gu03'1o1nO $0.80 $2.508.88 $103.048.99 0nST/UT|LIMP DEBT SERVICE 83O4-1o1oO $0.00 $0.00 $243.215y1 CAPITAL IMPROVEMENT STREETS G4O1'1n1no *0.00 $0.00 $532.989o9 CAPITAL IMPROVEMENTS G4Ou'1o1nO $0.00 $0.00 $24.559.50 CAPITAL IMPROVE STORM WATER 84O3-1n1nn $0.00 $0.00 $179.540.26 PARx|mPn0VEMEwT 84O4'1o1OO $0.00 $0.00 $256.855J9 TIF -PROJECTS G4U5-1o1oO $0.08 $920.32 $393.390.96 SEWER IMPROVEMENT 8*o7'1O10o $0.00 $0.00 $433.142.13 SEWER UTILITIES GOO1'1n1OO $43.218J6 $15.089.33 $347.781.32 STORM SEWER ENTERPRISE FUND GOOc'1n1oO $8.75723 $4,197.71 $01.610o3 Total CAS* $57`277.36 $100.73478 $191.534,53 PETTY CASH GENERAL G1o1'1OuOo $nun $0.00 $*no.00 Total PETTY CASH $0.00 *o.00 *^oo.on INVESTMENTS GENERAL G1V1'1o4nO *O.00 $0.00 $2.983.853.81 Total |mvEorMsmTa $0.00 $000 $2.9e3.853.81 Grand Total $57.277�36 $106.734.78 $3.155.788a4 To: Heather Butkowski, City Administrator From: Stacie Kvilvang, Ehlers ®ate: June 29, 2011 Subject: Use of TIF 1-1 Funds The City has inquired as to the use of funds in the above referenced tax increment district (TIF). TIF District 1-1 is a housing district with a maximum term of 25 years from the receipt of the first increment. The District received its first increment in 1988, so it will terminate on December 31, 2013. Background In 1985, the City established TIF District 1-1 to financially assist with the redevelopment of the Rose Hill Nursery into rental apartments and owner occupied town homes. The City issued general obligation bonds and used the tax increment to pay the annual debt service, which was paid in full in 2004. In 1996 the Development District. (the area in which the City could expend TIF) was expanded to include most of the City. In addition, the budget in the TIF Plan was modified to allow tax increment to be spent on street and utility reconstruction in residential neighborhoods. In 2001 through 2003, the City undertook extensive street and utility reconstruction. The improvements were financed with improvement bonds to be repaid with special assessments and debt levy. Available tax increment was also used to pay capital costs for the reconstruction. In addition, tax increment is authorized to be used for debt service in the TIF Plan, but was not pledged to payment of the bonds at the time the bonds were sold. Opportunities The District currently has a balance of approximately $144,500 and it is anticipated that it will receive approximately $171,000 in TIF annually in 2011 through 2013. This would provide the City approximately $657,500 to utilize for projects. Since this district was created in 1985, the City has flexibility in the use of funds. Following are some opportunities for the City's use of these funds: Development of affordable housing. A housing project is a rental or owner -occupied housing development intended for occupancy by low and moderate income families. The specific guidelines are as follows: SW-EHLERS LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Roseville, MN 55113-1105 Phone: 651-697-8506 Fax: 651-697-8555 skvilvang@ehlers-inc.com Heather Butkowski Use of TIF 1-1 Funds June 29, 2011 Page 2 Rental Housing: 20% of the units occupied by families at 50% of median income or 40% of the units occupied by families at 60% of median income. Owner Occupied: Purchased by a family with an income up to 100% of the area median income for a family of 2 or less or with an income up to 115% of the area median income for a family of 3 or more. Typically TIF is utilized for capital expenditures, but may be used for non capital expenditures on a limited basis. Examples of potential rental housing projects would include: a) New affordable rental housing as part of redevelopment (20/50 or 40/60 election) b) Renovation of an existing rental housing development (20/50 or 40/60 election) c) Providing subsidy to an existing project that is earmarked for additional affordability (20/50 or 40/60 election) Examples of potential owner -occupied projects would include: a) Site acquisition and demolition for infill lots that will be sold for new housing construction b) Acquisition of foreclosed homes for resale to income qualified buyers c) Rehabilitation loans for home improvements (including HIA owners) d) Second mortgages to qualified home buyers 2. Land acquisition for housing or commercial development, including acquisition for a City municipal liquor store. Please note that the TIF plan may need to be modified to reflectthe property(ies) the City may be interested in purchasing and you will need to obtain an opinion from your TIF attorney as to use of funds to buy land for a city facility (attorney opinions vary). 3. Development of public improvements such as road reconstruction, utilities, sidewalks, storm water ponds, etc. Recommendations The City should come up with an overall plan to expend the dollars in the TIF fund as they become available. The City should then modify the TIF district plan accordingly to reflect the expected use of the funds. Please contact me at 651-697-8506 with any questions. Livable Communities Act - Ownership and Rent Affordability Limits 2012 The Council's definition of "affordable housing" represents the upper limit of monthly rents and home -purchase prices for housing referred to in Framework policy as affordable to low- and moderate -income families. These income limits for determining affordability have been a part of the foundation for goals negotiations and monitoring of goals progress with Livable Communities Act (LCA) participating cities since 1995, and have been the basis for counting all new affordable units in the housing stock, i.e., all new publicly -assisted and market rate units affordable to low -and -moderate income households. For units constructed in 2011 and beyond, the Council is using a consistent income limit of what a family of four with an income at or below 60 percent of area median income (AMI) can afford to pay in monthly housing costs for either rental housing or mortgage costs (including principal, interest, property taxes and home insurance). This level is also consistent with the preference adopted in 2001 by the Local Housing Incentives Account Additional Metropolitan Housing Implementation Group (MHIG) Funding Criteria for funding homeownership units affordable at 60 percent of area median income. Through 2010, the Council had identified a purchase price ceiling or target maximum price for owner -occupied homes based on what a family of four with an income at or below 80 percent of AMI could afford at prevailing interest rates. For affordable rental units, the Council had previously used the maximum monthly rents affordable for households at 50 percent of AMI. Area Median Income for a family of four, 2012 Minneapolis -St. Paul Metropolitan Statistical Area Area median income $83,900 60% of area median income $50,340 30% of area median income $25,170 U.S. Department of Housing and Urban Development Applying an interest rate on a 30 -year fixed-rate home loan of 3.875 percent for 2012 and other payment factors' to the 60 percent of area median income amount adjusted for a family of four ($50,340), yields an affordable purchase price of $171,500 in 2012. This compares to a 2010 purchase price limit at 60 percent of area median income of $179,100 and a 2011 limit of $160,250. (Changes were made between 2010 and 2011 in the assumptions of debt -to -income ratios and mortgage insurance costs to reflect current standards in Federal Home Administration underwriting.) To implement the Livable Communities Act in 2012, the Metropolitan Council will use as the upper limit of affordability for ownership purchase price and monthly rents, the following dollar amounts: Household Income Level: Affordable Home Price 60% of area median income ($50,340) $171,500 30% of area median income ($25,170) $78,000 Assumes a 29 percent housing debt to household income ratio, 3.5 percent downpayment, a property tax rate of 1.25 percent of property sales price, mortgage insurance at 1.15 percent of unpaid principal, and $100 / month for hazard insurance 2012 RENTAL HOUSING Bedroom size: Monthly gross Monthly gross Monthly gross rent including rent including rent including tenant -paid tenant -paid tenant -paid utilities, utilities, utilities, affordable at 30 affordable at 50 affordable at 60 percent of area percent of area percent of area median income median income median income Efficiency $441 $735 $882 1 bedroom $472 787 $945 2 bedrooms $567 $945 _$1,134 3 bedrooms 654 $1,091 $1,309 4 bedrooms $730 $1,217 $1,461 Assumes a 29 percent housing debt to household income ratio, 3.5 percent downpayment, a property tax rate of 1.25 percent of property sales price, mortgage insurance at 1.15 percent of unpaid principal, and $100 / month for hazard insurance