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HomeMy WebLinkAboutCCAgen_12Sept 12CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 12 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER -TAYLOR ____ FISCHER ____ C. PRESENTATIONS : D . A P PROVAL OF MINUTES: August 8, 2012 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. Ge neral Disbursements through 9/6/2012: $173,450.77 Payroll through 8/29 /2012: $38,654.35 2. Approval of City Licenses 3. Approve Drainage Easement on TIES property G: POLICY ITEMS : 1. Approve 2013 Preliminary Levy 2. A Resolution adopting the Ramsey County All -Hazard Mitigation Plan H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOU RNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 8 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM __X __ HARRIS __X __ GOSLINE __X __ LONG __X __ MERCER -TAYLOR __X __ FI SCHER __X __ C. PRESENTATIONS : 1. CTV/Cable Commission Update - Cor Wilson D . A P PROVAL OF MINUTES: July 25 , 2012 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Pam Harris Moved Approval 4 -0 1. G e neral Disbursements through 7/31 /2012: $71,064.98 Payroll through 7/31 /2 012: $19,332.92 2. Approval of City Licenses 3. Appointment of Gordon Strom to Parks and Recreation Commission 4. Appointment of Kern, DeWenter, Viere Ltd for Audit Services 5 . Recognition of Community Garden Day 6. 2013 -201 6 Ramsey County Elections Agreement 7. Order Feasibility Report for the 2013 Pavement Management Program G: POLICY ITEMS : H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 8:15pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description Ge neral Disbursements through 9 /6 /2012: $173,450.77 Payroll through 8/29 /2012: $38,654.35 Budget Impact Att achment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date September 12 , 201 2 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION F amilies, Fields and Fair __________________________ The City That Soars! Item Approval of City License s Description The following individuals have applied for a Municipal Business License for 2012. Staff has received the necessary documents for licensur e. 1. Spirit Halloween The following individuals have applied for a Mechanical License for 2012. Staff has received the necessary documents for licensure. 1. Nice Neat Plumbing 2. Noah Acquisitions DBA Benjamin Franklin Plumbing Budget Impact Att achment(s) N/A Action(s) Requested Staf f recommends that the Falcon Heights City Council approve the 2012 City License Applications . Meeting Date September 12 , 201 2 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser , Assistant to the City Administrator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approve Drainage Easement on TIES property Description While reviewing the site plans for the i mprovements to the TIES parking lot, City S taff noted that the existing storm sewer pipe that runs through the property conveys City storm water, but is not covered entirely by a drainage and utility easement to grant the City access for maintenance purpos es . There is an existing drainage easement over 2 40 feet of pipe which is located on the old City Hall parcel (owned by TIES). There is approximately 250 feet of existing storm sewer pipe over the second TIES parcel that is not covered by an easement. A condition of approval of the site plans was for TIES to grant the required easements to the City for the storm sewer pipe. This easement will grant the City the right to access, construct, operate, maintain, and replace the storm sewer. TIES prepared t he attached easement document, w hich has been reviewed by City Staff and the City Attorney. It is Staff’s recommendation that City Council approve the easement agreement and authorize the Mayor and City Administrator to sign the agreement. Budget Impact The acquisition of the easement will not have a budget impact; it provides the City access and ability to maintain its storm sewer system. Maintenance for the storm sewer system is already included in the City’s budget. Att achment(s) Drainage Easement D ocument -TIES Action(s) Requested That the City Council approve the Storm Sewer Easement Agreement with TIES and authorize the Mayor and City Administrator to sign the agreement. Meeting Date September 12 , 2012 Agenda Item Consent F3 Attachment Drainage Easement Document -TIES Submitted By Kristine Giga, Civil Engineer STORM SEWER EASEMENT AGREEMENT This Storm Sewer Easement Agreement (the “Agreement ”) is made as of September _____, 2012, by and between TECHNOLOGY AND INFORMATION EDUCATIONAL SERVICES, a joint powers organization under the laws of Minnesota (the “Grantor ”), and the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (the “Grantee ”). RECITALS A. Grantor is the owner in fee simple of real property in Ramsey County, Minnesota, which is legally described on Exhibit A attached hereto (the “Grantor Tract ”). B. The Grantee desires to construct, operate and maintain a storm sewer line and other related facilities on and under the Grantor Tract for storm sewer purposes (the “Improvements ”). C. The Grantee desires an easement to use a portion of the Grantor Tract for the construction, operation, maintenance and replacement of the Improvements and Grantor is willing to grant the same. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and the Grantee agree as follows: 1. Recitals. The following recitals are true and correct. 2. Easement. The Grantor hereby grants to the Grantee, a permanent, nonexclusive easement over, under, upon and across that portion of the Grantor Tract for the construction, operation, repair, inspection, replacement and maintenance of the Improvements, as legally described and depicted on Exhibit B attached hereto (the “Easement ”). The Easement shall run with the title to the Grantor Tract, and shall inure to the benefit of and be binding upon the Grantor and the Grantee, and their respective heirs, successors and assigns. 3. Maintenance of Improvements. The Grantee and its contractors, agents and employees shall, upon reasonable prior written notice, have the right to enter upon the Easement at all reasonable times for all reasonable purposes, including without limitation constructing, operating, maintaining, inspecting, replacing and repairing the Improvements. The Grantee shall be responsible for all such costs and expenses. 4. Non-Exclusive Use. The use of the Easement shall be non-exclusive. Grantor shall have the right to use the Grantor Tract for any and all uses and purposes provided that such use does not obstruct or materially interfere with the intended purpose of the Easement. . 2 5. Indemnification. Subject to the limitations, immunities and defenses in Minnesota Statute Chapter 466, which shall apply and which are incorporated herein, the Grantee shall indemnify, defend and hold the Grantor and its successors and assigns harmless from any and all claims, demands, liabilities, damages or losses, including reasonable attorney’s fees, arising from or related to the Grantee’s use of the Easement. 6. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 7. Governing Law. This Agreement shall be construed and governed by the laws of the State of Minnesota. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] . 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the above date. GRANTOR: GRANTEE: TECHNOLOGY AND INFORMATION CITY OF FALCON HEIGHTS EDUCATIONAL SERVICES By: ________________________ By: Its: Its: By: By: Its: Its: . 4 STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on August _____, 2012, by _____________________ and ________________________ the _________________ and _________________________ of Technology and Information Educational Services, a joint powers organization under the laws of Minnesota, on behalf of such organization. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) This instrument was acknowledged before me on August _____, 2012, by _______________________ and _________________________, the ______________________ and ______________________________ of the City of St. Paul, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 (952) 835-3800 (RNB) 1417274.1 EXHIBIT A LEGAL DESCRIPTION OF GRANTOR TRACT The East 250 feet of the North 500 feet except the West 150 feet of the East 160 feet of the North 283 feet of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section Twenty-one (21), Township Twenty-nine (29), Range Twenty-three (23) West of the Fourth Principal Meridian, reserving to the regents of the University of Minnesota a perpetual easement for ingress and egress over all the part of the above described property which is West of Hollywood Court (a street located in “Crossroad Court”) and which is between the North line of Hollywood Court extended Westerly, and the South line of Hollywood Court extended Westerly, according to the Government Survey thereof. EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF THE EASEMENT . 7 WORKSHOP STAFF REPORT Families, Fields and Fair __________________________ The City That Soars! Item Approve 2013 Preliminary Levy Description Each year, the City must set and certify to Ramsey County a prelimina ry levy by September 15 th . At the August 1 st and September 5 th workshop s , the City C ouncil revie wed the Draft 201 3 G eneral Fund B udget. Highlights of the Draft 2013 G eneral Fund B udget include : 1) There are no levy limits for the 2013 General Fund B udget. Levy limits had been removed by the L egislature in 2012. Staff will be recommending that a special levy for the equipment certificates be approved once again to pay the annual principal and interest payments tha t will be due in the amount of $75,705. 2) T he amount of LGA state aid was frozen by the L egislature for budget year 2013 at the 2012 level. LGA remains at $310,126. 3) Fiscal D isparity distribution dollars for 2013 increased by $4,490 over the 2012 level. For reference, t he 2012 Fiscal D isparity do llars had decreased $51,158 as compared to 2011. 4) The overall general fund expenditur es are proposed to increase by $33,758 or 2 %. -The Police contract increased 1% -Health insurance premiums are estimated to increase 13% due to being a small group with additional health expenses in our group during 2012 . None of the insurance companies have provided new premium data at this time. 5) There is a n estimated 2% COLA increase for empl o yees consistent with increases in the CPI index and surrounding communities . 6) The proposed budgeted tran sfer from sanitary sewer ($80,000) is lower than in years past . 7) In total, when taking into account projected expenditures and revenues the projected levy amount for ou r general operating budget is $ 1,084,007. Meeting Date September 12 , 2012 Agenda Item Policy G1 Attachment Resolution 12 -10 Submitted By Bart Fischer, City Administrator Impacts to th e Overall Property Tax Levy: 2012 Budget: Property Tax Levy $945,644 Levy for Equipment Certificates $72,300 Total Levy: $1,017,944 2013 Preliminary Budg et: Draft Property Tax Levy $1,008,302 Levy for Equipment Certificates $75,705 Total Preliminary Levy $1,084,007 The legislature in 2011 cr eated additional stress on the C it y for 2012 and future years with the removal of the Market Value Credit state aid. The C ity no longer will receive Market Value Credit to offset the property tax levy . The legislature in 2012 froze the Local Government Aid to cities at the 2012 level cre ating additional stress on the City since the C ity would have benefitted over $30,000 f or 2013. Impact on Median Value Home in Falcon Heights: Payable 2012 Payable 2013 Change MedianV alue Home (Estimated Taxable Value) $229,600 $201,360 -$28,240 Tax Capacity (1% of Value) $2,296 $2,014 -$282 City Tax Rate 23.499% 26.458 % +2.959 % City Taxes $540 $5 33 -$7 *For reference, t he re was an increase on the City taxes for a median value home from 2011 to 2012 of approximately $25. For every $10,000 change in the levy, the C ity taxes on a median value home would change approximately $5.50. The C i ty’s total local tax capacity decreased approximately $167,700 fro m payable 2012 for payable 2013, helping contribute t o a rise in the City’s tax rate. Budget Impact Dependent upon eventual adoption of the 2013 General Fund Budget later in 2012. Att achm ent(s) Resolution 12 -10 Action(s) Requested Staff recommends that the Falcon Heights City Council approve the attached Resolution 12 -10 setting the Preliminary 2013 Tax Levy at $1,084,007. Further, staff recommends that the Falcon Heights City Council se t a budget hearing meeting for December 1 2, 2012, at 7:00 pm in the City Council Chambers for the purpose of rece iving public comment on the 2013 General Fund Budget . CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 12 , 2012 No. 12 -10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CERTIFICATION OF T HE PRELIMINARY TAX LEVY FOR 2013 BE IT RESOLVED, that the City Council of Falcon Heights authorizes the City to levy taxes in the amount of $1,084,007 for the year 201 3 , and BE IT FURTHER RESOLVED that the County Auditor should extend the preliminary tax levy in the amount of $1,084,007 for th e year 2013 . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor September 12 , 201 2 LINDSTROM ____ In Favor GOSLINE Attested by:_________________________ HARRIS ____ Against Bart Fischer , Administrator LONG September 12 , 201 2 MERCER -TAYLOR REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Meeting Date September 12 , 201 2 Agenda Item Policy G2 Attachment The Ramsey County Mul t i j urisdictional Hazard Mitigation Plan is a large document . For review go to the City of Falcon Height’s w ebsite or City Hall Resolution 12 -11 Submitted By Bart Fischer , City Administrator Item A Resolution adopting the Ramsey County All -Hazard Mitigation Plan Description Over the past several months, Ramsey County Emergency Management has been working with local government entities on the creation of a County -Wide emergency action/mitigation plan. This is in response to the Disaster Mitigation Act of 2000. As part of the Act, a multi -jurisdictional plan is allowed, which benefits cities and other smaller organizations by allowing them to participate in and a dopt the County plan. The City of Falcon Heights has supported the work on a multi -jurisdictional plan with Ramsey County. With the plan now complete, it is Staff’s recommendation that Council pass a Resolution adopting the Ramsey County All -Hazard Mitig ation Plan. A representative of Ramsey County Emergency Management as well as Dan Johnson -Powers from the Falcon Heights Fire Department will be present to provide more information and answer any questions. Budget Impact None. Att achment(s) The Ramsey County Multijurisdictional Hazard Mitigation Plan is a large document and is available for review on the City of Falcon Height’s Website or at City Hall. Resolution 12 -11 Action(s) Requested Staff recommends that the Falcon Heights City Council approve Resolution 12 -11 , ad opting the Ramsey County All -Ha zard Mitigation Plan. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 12, 2012 No. 12 -11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ADOPTION OF THE RAMSEY COUNTY ALL -HAZARD MITIGATION PLAN WHEREAS, the City of Falcon Heights has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000 , and WHEREAS, the Act establishes a framework for the development of a multi -jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local unit s of government and businesses; and WHEREAS, the Ramsey County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHER EAS, the Ramsey County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Ramsey County Plan includes a maintenance or implementation process includin g plan updates, integration of the plan into other planning documents and how Ramsey County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Managemen t and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Ramsey County All -Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS , this is a multi -jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. BE IT RESOLVED that the City of Falcon Heights supports the hazard mitigation planning effort and wishes to adopt t h e Ramsey County All -Hazard Mitigation Plan . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor September 12 , 201 2 LINDSTROM ____ In Favor GOSLINE Attested by:_________________________ HARRIS ____ Against Bart Fischer , Administrator LONG September 12 , 201 2 MERCER -TAYLOR