HomeMy WebLinkAboutJune 12CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
June 12, 2013
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____
LONG ____ MERCER-TAYLOR ____
FISCHER ____
C. PRESENTATIONS:
1.
D. APPROVAL OF MINUTES: May 22, 2013
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through 6/6/2013: $166,748.35
Payroll through 5/31/2013: $15,635.82
2. Approval of City Licenses
3. Bulky Waste Recycling Project
4. Call for Public Hearing on Hiawatha Conduit Bond Finance Deal
5. Performance Measurement Resolution
6. CRWD Agreement/ 2013 Improvements
7. Approve Payment #1 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement
Management Project
G: POLICY ITEMS:
1. Approve Amending of Lawful Gambling Ordinance
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT:
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
May 22, 2013
A. CALL TO ORDER: 7:04 (Due to technical difficulties; the meeting had audio only, no
video.)
B. ROLL CALL: LINDSTROM _X_ HARRIS _AB_ GOSLINE _X_
LONG _X_ MERCER-TAYLOR _X_
FISCHER _X_ KNUTSON _X_ JONES _X_
C. PRESENTATIONS:
1. Public Achievement Presentation – Falcon Heights Elementary and NYFS Students
- Dennis Donovan of Augsburg College introduced the Public Achievement model
and the Falcon Heights process. Four Falcon Heights Elementary students presented
their projects: Sophie Solomon, Barrett Flagstad, Regina Ziegler, and Anna
Tostenguard. The students also announced an upcoming health fair at Falcon
Heights Elementary on May 31st at 2pm as part of the public achievement process.
D. APPROVAL OF MINUTES: May 8, 2013 APPROVED
E. PUBLIC HEARINGS:
F. CONSENT AGENDA: Chuck Long Moved, Approved 4-0
1. General Disbursements through 5/15/2013: $
198,156.86
Payroll through 5/15/2013: $15,425.48
2. Approval of City Licenses
3. Establish petty cash fund for Recreational Sports
4. Public Entity Bulk Waste Recycling Innovation Grant
G: POLICY ITEMS: Beth Mercer-Taylor Moved, Approved 4-0
1. Planned Unit Development at the former Hermes Nursery site, with Comprehensive
Plan Amendment, rezoning and preliminary and final subdivision
- Bart Fischer presented a summary of the staff report
- Architect Kim Bretheim of LHB presented a summary of the plans and uses for the
site
- Andrew Michaelson of Common Bond Communities presented information on their
portion of the site
- Will Allen, a partner with the Pohlad Foundation and world recognized urban
farmer, presented information on urban farming and the project
- Terry Egge of the Pohlad Family Foundation provided information and an update on
the project
H. INFORMATION/ANNOUNCEMENTS:
Council Member Beth Mercer-Taylor
-Discussed the recent tour of Tennis Sanitation, the City’s recycling provider
Council Member Chuck Long
-Provided an update on the Spring Together Event and thanked all of those involved
-Reminder of June 21st
Movie and Camping in the Park
-Reminder to register for summer programs
-Reminder of openings on Parks Commission
Council Member Keith Gosline
-Provided an update on the recent NYFS meeting
Mayor Peter Lindstrom
-Provided an update on the May 20th
Neighborhood Commission meeting
I. COMMUNITY FORUM:
J. ADJOURNMENT: 8:34pm
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through 6/6/2013: $166,748.35
Payroll through 5/31/2013: $15,635.82
Budget Impact
Attachment(s) General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date June 12, 2013
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approval of City Licenses
Description
The following individuals have applied for a Mechanical License for 2013. Staff
has received the necessary documents for licensure.
1. Pronto Heating & A/C
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the 2013 City
License Applications.
Meeting Date June 12, 2013
Agenda Item Consent F2
Attachment N/A
Submitted By Michelle Tesser, Assistant to the City
Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Public Entity Bulk Waste Recycling Innovation Grant – Service agreements for
project implementation
Background
Ramsey County has awarded the Cities of Falcon Heights and Lauderdale a grant of
up to $100,000 for a joint project to create a pilot program for the collection and
recycling of bulky waste, which includes items such as furniture, mattresses and
appliances. Ramsey County requires one city to act as custodian of grant funds.
Both cities have agreed that Falcon Heights will act in this capacity. Falcon Heights
will receive the grant funds from Ramsey County and pay invoices for the project.
A Request for Proposals was issued to find a refuse hauler to handle the collection
and delivery of materials to recycling centers. One proposal was received, from
Tennis Sanitation LLC. Tennis currently serves as the recycling contractor for the
City of Falcon Heights. The proposal was accepted by the two cities.
The next step is to execute a contract between the two cities, acting jointly, and
Tennis Sanitation for hauling services during the implementation phase of the grant
project. The full cost of services will be covered by the Ramsey County grant. If the
grant funds are exhausted before the end of the implementation phase (around
October 1, 2013), the program will be terminated.
The City of Falcon Heights, as the financial custodian for the grant funds, also needs
to implement an agreement for professional services with Foth Infrastructure &
Environment LLC, who will continue to serve as consultant on the project,
budgeted for $10,000. This budget line will also be covered entirely by the grant and
has been approved by Ramsey County.
City Legal Staff has reviewed and approved both agreements.
Budget Impact In-kind contribution of staff time from Deb Jones of approximately 40 – 50 hours
over the life of the project (April – October, 2013).
Attachment(s) • Bulky Waste Recycling Agreement with Tennis Sanitation.
• Agreement for Professional Services with Foth Infrastructure & Environment
Action(s)
Requested
Motion to approve (1) an agreement for hauling and recycling services between the
Cities of Falcon Heights and Lauderdale and Tennis Sanitation, LLC, and (2) an
agreement between the City of Falcon Heights and Foth Infrastructure and
Environment, LLC, for consulting services on the grant project.
Meeting Date June 12, 2013
Agenda Item Consent F3
Title Bulky Waste Recycling Project
Submitted By Deborah Jones, Zoning & Planning Director
Families, Fields and Fair
__________________________
BULKY WASTE COLLECTION, RECYCLING
AND DISPOSAL AGREEMENT
AGREEMENT dated __________________, 2013, by and between the CITY OF
FALCON HEIGHTS, a Minnesota municipal corporation, the CITY OF LAUDERDALE, a
Minnesota municipal corporation (jointly “Cities”) and TENNIS SANITATION, L.L.C., a
Minnesota limited liability company (“Contractor”).
RECITALS
A. The Cities desire to provide collection and recycling or disposal of bulky waste
for the health, safety and welfare of their residents.
B. The Contractor desires to provide bulky waste services to residents of the City of
Falcon Heights and the City of Lauderdale.
C. Ramsey County, through a Grant for Innovative Waste Management Practices,
has provided funds for a pilot program for the collection and recycling or disposal of bulky
waste.
NOW THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents,” all of which shall be taken together as a whole as the contract
between the parties as if they were set forth verbatim and in full herein:
A. This Agreement.
B. Request for Proposals (RFP) for Bulky Waste Collection and Recycling or
Disposal Services, April 12, 2013, and Addendum, April 18, 2013
C. Contractor’s response to RFP dated May 1,2013
In the event of a conflict among the provisions of the Contract Documents, the order in
which they are listed above shall control in resolving any such conflicts with Contract
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Document “A” having the first priority and Contract Document “C” having the last
priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,
services, and perform the work in accordance with the Contract Documents.
3. DEFINITIONS.
A. Bulky Waste: Means large items including all items that are too large, too
valuable, or contain hazardous components such that they can not be collected
with the normal refuse service. Bulky items include such materials as mattresses,
bed box springs, sofas, couches, large appliances or “white goods” (e.g.,
refrigerator, freezer, washers, dryers), and other appliances (e.g., dehumidifiers,
air conditioner). Bulky items shall not include, non-containerized garbage, loose
and scattered trash. Other bulky item materials may be mutually agreed upon
between the Cities and Contractor.
B. Missed Collection: Means the failure of the Contractor to provide collection
service to an assigned address on the scheduled collection day.
4. CONTRACTOR’S COLLECTION REQUIREMENTS.
A. Bulky Waste Collection Program. The Contractor shall collect bulky waste as
required by the Cities.
(1) Bulky Waste collection shall occur one day per week.
(2) On or before 12:00 p.m. the day before collection the contractor will be
notified of the addresses, bulky waste, and number of items to be
collected.
(3) The contractor shall collect all bulky waste from assigned addresses on the
designated collection day.
B. Bulky Waste Recycling Program. The Cities’ intent in this contract is to
maximize the amount of recycling of bulky items.
(1) Every reasonable attempt shall be made to recycle all or part of the bulky
items collected.
(2) Pursuant to Minnesota State Statutes and County ordinance and policies,
the Contractor must arrange for delivery of all refuse or non-recyclable
items collected under this Contract to be delivered to a mixed MSW
resource recovery facility.
C. Collection Hours and Days.
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(1) Collections must begin no sooner than 7:00 a.m. and shall be complete by
7:00 p.m. on scheduled collection day each week. The Contractor may
request Cities authorization of exceptions to these time restrictions. The
Contractor must request such exception from the Cities’ Designated
Contact Person via telephone or email, prior to the requested Collection
event and specify the date, time and reason for the exception.
(2) The Cities may, in their sole discretion, cancel pickup for a given week by
notification to the Contractor by 12:00 noon on the day before scheduled
collection. If collection is cancelled by the Cities in any given week,
pickups requested of the Cities by residents are anticipated to be scheduled
in the following week.
D. Holidays. Collection of bulky waste is prohibited on the following holidays: New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day and any other holidays mutually agreed to by the Cities and
Contractor. There may not be more than one holiday during a Collection week.
When the scheduled collection day falls on a holiday, collection for that day shall
be collected one day later.
E. Weighing of Loads and Reporting Requirements.
(1) The Contractor shall keep accurate records consisting of an approved
weight slip with the date, time, collection route, driver’s identification,
vehicle number, rate and gross weight, net weight and number of route
stops for each loaded vehicle.
(2) The Contractor shall complete each week and provide to the Cities, on a
Cities provided form listing the pickup addresses, the bulky items picked
up, where each item was recycled and/or where each item, or partial item,
was disposed of.
F. Point of Collection. Most residential bulky waste collection will occur at the
same location from where the regular refuse is collected, generally the alleys
where they exist and street curbside in other areas. The Cities in their sole
discretion, may however recognize special circumstances of residents, and require
collections at a location other than the regular refuse collection place.
G. Ownership of Bulky Waste. All bulky waste set out for collection shall remain
the responsibility and in the ownership of the person who set it out for collection
until handled for collection by the Contractor. At the point of collection the
bulky waste becomes the property of the Contractor. The Contractor shall report
to the Cities any suspected scavenging or unauthorized removal of bulky waste.
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H. Route Management and Customer Service. The Contractor shall, at all times,
provide the Cities with a lead route/driver supervisor who is accessible to the
Contractor dispatch department via two way communications to handle route and
collection issues in a timely fashion. The Route Supervisor and all collection
vehicles must be equipped with 2-way communication devices.
I. Procedure for Unacceptable Materials, Hazardous Materials: If the Contractor
determines that a resident has set out materials that do not constitute Bulky Waste,
or which are not on the list of collection items provided to the Contractor by the
Cities:
(1) The driver shall record the address and report the addresses to the
Contractor dispatcher, who must notify the City’s Recycling Coordinator
in the effected City of the addresses that same day.
(2) If the materials are deemed by the driver to be hazardous or a threat to
safety, the driver shall report the address to the Contractor dispatcher, who
shall notify the City’s’ Recycling Coordinator in the effected City of the
addresses and the nature of the hazard immediately.
J. Procedure for Complaints, Questions, Missed Collections. A complaint of service
or missed collection is a complaint received by the Contractor from either the
customer or Cities staff. If the report is for a missed stop and is received by the
Contractor before 11:00 a.m. on a scheduled working day, the Contractor shall
return to the complaint address and complete the collection. If the report is
registered after 11:00 a.m. on a scheduled working day, the Contractor shall
return to the complaint address by 12:00 noon the following working day.
K. Clean up Responsibilities. The Contractor shall clean up any waste or material
spilled or blown during the course of collection or hauling operations. All
collection vehicles must be equipped with at least one broom and one shovel for
use in cleaning up material spillage.
L. Non-Completion of Collection and Extension of Collection Hours. The
Contractor shall inform the effected City or Cities of the areas not completed, the
reason for non-completion, and the expected time of completion.
M. Vehicle Requirements.
(1) The Contractor must obtain all pertinent licenses from the Federal, State
and County and City governments. An annual report/update on licensing
shall be submitted. The Contractor shall provide proof of current licensing
and current MnDOT vehicle inspection reports upon request by the Cities,
and on an annual basis.
1.
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(2) All vehicles must be maintained in proper working condition and available
for inspection by the Cities or County. The Contractor shall supply the
Cities with copies of annual inspections on all vehicles per MnDOT
requirements.
2.
(3) Vehicles should be equipped with a two-way radio or phone, warning
flashers and signs, backup alarms, a first aid kit and a broom and shovel
for spills, and the contractor’s name and phone number prominently
displayed on both sides of the vehicle.
3.
(4) Vehicles must be kept in good operating condition, comply with all State
inspection requirements, and be kept neat in appearance. Generally this
shall mean washed and painted regularly.
4.
(5) In the event that a vehicle other than the type specified in the proposal is
to be used, the contractor is required to notify the Cities as soon as
possible prior to collection.
N. Collection Vehicle Equipment Requirements. Each collection vehicle shall be
equipped with the following:
(1) A two way communication system.
(2) A first aid kit.
(3) An approved 2A10BC dry chemical fire extinguisher.
(4) Warning flashers.
(5) Overhead strobe light.
(6) “Reverse” audio warning alarm to indicate movement in reverse.
(7) Signs on the rear of the vehicle which state “This Vehicle Makes Frequent
Stops.”
(8) A rear mounted video camera and cab monitor/screen to view operations
occurring at the rear of the vehicle.
(9) Hazard flares and cones.
(10) A broom and a shovel for cleaning up spills.
(11) “Absorb” pillows or dry product adequate to absorb/contain any oil/liquid
spill from collection vehicle.
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All required equipment must be in proper working order at all times. All vehicles
must be maintained in proper working order and be clean and free from odor as
much as possible. All collection vehicles shall be uniformly painted and the paint
shall be in good condition. The Contractor’s name shall be clearly visible from
all sides of the vehicle, along with the Contractor’s phone number, and the vehicle
ID number.
O. Driver Duties and Responsibilities. The Contractor shall be responsible for
ensuring that there is sufficient personnel and equipment to fulfill the
requirements and specifications of this contract, and that all personnel are trained
both in program operations and in customer service and insure that all personnel
maintain a positive attitude with the public and in the work place and shall:
(1) Conduct themselves at all times in a courteous manner and use no abusive
or foul language.
(2) Be clean and presentable in appearance, as so far as possible.
(3) Wear a uniform and employee identification badge or name tag.
(4) Drive in a safe and considerate manner.
(5) Perform their work in a neat and quiet manner, monitor for any spillage
and be responsible for cleaning up any litter or breakage spilled in
collection and hauling operations.
(6) Record all addresses that could not be collected and reasons, turn list into
dispatch at end of each collection day with copies sent to Cities.
(7) Collect and transport bulky waste according to all existing laws and
ordinances, and future amendments thereto, of the State of Minnesota and
local governing bodies.
(8) Report all damage to property.
5. TERM AND TERMINATION. The term of this agreement shall be from __________,
2013 through February 28, 2014.
A. Extension. The Cities in their sole discretion may extend this agreement for up
two additional years, one or two years at a time. This action must be approved by
the City Council of each City.
B. Termination. If in the Cities’ sole discretion, the Contractor fails to perform this
agreement diligently and on schedule or fails to reach mutual agreement where
the terms of this agreement so specify, the Cities shall have the right to terminate
this agreement. Prior to termination, the Cities shall give thirty (30) days written
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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 differences
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 Cities, the Cities
may terminate this Agreement upon five (5) business days written notice serviced
by certified mail, return receipt requested upon the Contractor, at the Contractor’s
last known address.
C. Cure of Failure. Upon failure of the Contractor to fulfill any of its obligations
under the agreement, the Cities may hire such persons, or assign City employees
and equipment, as are necessary to cure or mitigate Contractor’s 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.
6. RATE. The Cities will pay the Contractor and the Contractor shall accept as payment for
all services and goods rendered under the Contract Documents. The rate is not subject to
annual adjustments.
7. PAYMENT. Each City shall be invoiced separately by the Contractor. The Cities shall
pay the contractor within thirty five (35) days of receipt of a properly itemized invoice.
8. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minn. Stat. § 471.425,
Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the
Contractor’s receipt of payment from the Cities for undisputed services provided by the
subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of
a month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor.
9. PENALTY CLAUSE. The Cities shall impose a $100.00 per day penalty for violations
in the terms of the agreement. The Cities shall inform the Contractor of the violation and
allow the Contractor one working day to correct the violation. If the violation is not
resolved to the satisfaction of the Cities, the penalty shall be subtracted from the Cities’s
monthly payment.
10. TAXES. Contractor shall pay any taxes, of any nature, due, owing or levied in
association with its services pursuant to this Agreement.
11. INSURANCE. Insurance secured by the Contractor shall be issued by insurance
companies acceptable to the Cities and authorized to do business in Minnesota. The
Contractor shall maintain insurance in the amounts shown below during the entire term of
the Agreement. The Cities shall be named as an additional insured on the comprehensive
general liability policy on a primary and non-contributory basis. Certificates of insurance
acceptable to the Cities shall be provided to the Cities before any work under this
Agreement may commence. The Contractor shall not allow any subcontractor to
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commence work until all insurance has been obtained and copies have been filed and
accepted by the Cities.
None of the insurance policies shall contain any provisions for exclusions from liability
other than those provisions for exclusion from liability which form part of the standard
basic unamended and unendorsed form of a policy, except that no exclusion shall be
permitted if it conflicts with a coverage expressly required in this Agreement, and in
addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease,
or death of any coverage under the contractual liability endorsement of the liability of the
Contractor under this Agreement.
The Contractor and its sub-contractors shall secure and maintain the following insurance:
5. Workers Compensation Insurance:
6.
Workers Compensation insurance shall meet the statutory obligations as specified by the
Minnesota Department of Occupational Health and Safety and federal law.
Commercial General Liability Insurance:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and
completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate
Comprehensive Automobile Liability (owned, non-owned, hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
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7. Environmental Liability Insurance:
8.
The Contractor shall obtain and maintain environmental liability insurance of $2,000,000
each occurrence in compliance with local, state and federal regulations for all matters
related to in this Agreement. Contractor shall add the Cities as an additional insured
under said insurance policy(s). The policy coverage shall include Environmental
Impairment Liability. Contractor shall provide the Cities with appropriate documentation
of the environmental liability insurance for verification upon written request from the
Cities. The Contractor further indemnifies the Cities, its employees, agents and licensees
from all liability related to hazardous contamination/pollution resulting from the acts of
the Contractor, its employees or agents.
12. INDEMNIFICATION. Contractor agrees to defend, indemnify and hold harmless
Cities and its elected officials, officers, employees, agents, and representatives, from and
against any and all claims, costs, losses, expenses, demands, actions, or causes of action,
including reasonable attorneys’ fees and other costs and expenses of litigation, which
may be asserted against or incurred by Cities or for which Cities may be liable in the
performance of this Agreement, except those which arise solely from the negligence,
willful misconduct, or other fault of Cities. Contractor shall defend the Cities against all
claims arising out of the performance of this Agreement.
13. CITIES’ LIABILITY. Each City shall be liable for its own acts or omissions and those
of its own employees and the results thereof to the extent authorized by law, and shall not
be responsible for the acts of the other City, its agents or employees. It is understood and
agreed that liability and damages arising from the Cities’ acts and omissions are governed
by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, and other
applicable laws. This Agreement shall not be construed as and does not constitute a
waiver by either City of any conditions, exclusions or limitations on the City’s liability
provided by Minnesota Statutes, Chapter 466 or other applicable law. To the full extent
permitted by law, this Agreement is intended to be and shall be construed as a
“cooperative activity” and it is the intent of the Cities that they shall be deemed a “single
governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes,
Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each City
expressly declines responsibility for the acts or omissions of the other City. In addition to
the foregoing, nothing herein shall be construed to waive or limit any immunity from, or
limitation on, liability available to either City, whether set forth in Minnesota Statutes,
Chapter 466 or otherwise.
14. NOTICES. All notices, requests, demands and other communications hereunder shall be
in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, or sent by overnight carrier to the following addresses:
If to Cities, to: City of Falcon Heights City of Lauderdale
2077 W. Larpenteur Avenue 1891 Walnut Street
Falcon Heights, MN 55113 Lauderdale, MN 55113
(651) 792-7600 (651)-792-7650
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If to Contractor, to: Tennis Sanitation, L.L.C.
720 4th Street
St. Paul Park, MN 55071
651-459-1887
15. SUCCESSORS AND ASSIGNS. This agreement is assignable only by agreement of
the parties. If the Contractor is sold in whole or in part, the Cities reserve the right to
negotiate a new agreement with any purchasers of the Contractor or its assets. The Cities
reserve the right to declare this agreement null and void within thirty (30) days of such a
sale and to negotiate a new agreement for bulky waste services with the new owner of the
Contractor or its assets or through a request for proposals.
16. MISCELLANEOUS.
A. If the Cities are the prevailing party in any litigation arising hereunder the Cities
shall be entitled to its reasonable attorneys’ fees and court costs, including
appeals, if any.
B. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any
amendments to this Agreement must be in writing and executed by both parties.
C. This Agreement shall be construed in accordance with the laws of the State of
Minnesota. Venue of any action shall be in Ramsey County.
D. If any term of this Agreement is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Agreement, which shall remain in full force
and effect.
E. Nothing herein contained is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto
or as constituting the Contractor as the agent, representative or employee of the
Cities for any purpose or in any manner whatsoever. The Contractor is to be and
shall remain an independent contractor with respect to all services performed
under this contract. Any and all personnel of the Contractor or other persons while
so engaged, and any and all claims whatsoever on behalf of any such person or
personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against the Contractor, its officers, agents,
contractors or employees shall in no way be the responsibility of the Cities; and
the Contractor shall defend, indemnify and hold the Cities, their officers, agents
and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or court. Such
personnel or other persons shall not require nor be entitled to any compensation,
rights or benefits of any kind whatsoever from the Cities, including, without
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limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers’ Compensation, Unemployment Compensation, disability, severance pay
and PERA.
F. No claim for services furnished by the Contractor not specifically provided for
herein shall be honored by the Cities. This includes but is not limited to the cost to
transfer materials collected to a disposal site.
G. Data Practices. Contractor their officers, agents, owners, partners, employees,
volunteers and subcontractors shall abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and
all other applicable state and federal laws, rules, regulations and orders relating to
data privacy or confidentiality, and as any of the same may be amended. If
Contractor creates, collects, receives, stores, use, maintains or disseminates data
because it performs functions of the Cities pursuant to this Agreement, then
Contractor must comply with the requirements of the MGDPA as if it was a
government entity, and may be held liable under the MGDPA for noncompliance.
Contractor agrees to defend, indemnify and hold harmless the Cities, their
officials, officers, agents, employees, and volunteers from any claims resulting
from Contractor’s officers’, agents’, owners’, partners’, employees’, volunteers’,
assignees’ or subcontractors’ unlawful disclosure and/or use of such protected
data, or other noncompliance with the requirements of this section. Contractor
agrees to promptly notify the Cities if it becomes aware of any potential claims, or
facts giving rise to such, under the MGDPA. The terms of this section shall
survive the cancellation or termination of this Agreement.
CITY OF FALCON HEIGHTS TENNIS SANITATION, L.L.C.
BY:________________________________ BY:________________________________
Peter Lindstrom, Mayor Its ________________
AND ______________________________
Bart Fischer, City Administrator/City Clerk
CITY OF LAUDERDALE
BY:________________________________
Jeffrey E. Dains, Mayor
AND_______________________________
Heather Butkowski, City Administrator/City Clerk
Doc. #170266v.2
RNK: 6/6/2013 11
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 1st day of May, 2013, by and between the CITY OF
FALCON HEIGHTS, a Minnesota municipal corporation ("City") and FOTH
INFRASTRUCTURE & ENVIROMENT, LLC, a Minnesota limited liability company
(“FOTH”), hereinafter referred to as "Engineer".
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth
on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide
all personnel, supervision, services, materials, tools, equipment and supplies and do all things
necessary and ancillary thereto specified on Exhibit “A”. The work to be performed under this
Agreement shall be done under the review of a professional engineer licensed in the State of
Minnesota, who shall attest that the work will be performed in compliance with all applicable codes
and engineering standards. The work shall be performed in accordance with the Contract
Documents, which includes this Agreement and the Exhibits: Exhibit “A” – Scope of Services,
Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict
between the Contract Documents listed above, the order of precedence shall be the following order:
(i) this Agreement; (ii) Exhibit “A”, and (iii) Exhibit “B”.
2. REPRESENTATIVES. City has designated Deb Jones (the “City
Representative”), and the Engineer has designated Dan Krivit (the “FOTH Representative”). The
City Representative and the FOTH Representative shall be available as often as is reasonably
necessary for reviewing the Services.
3. COMPENSATION. Engineer shall be paid by the City for the services described
in Paragraph 1 on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not
to exceed $10,000.00 inclusive of taxes, if any, and reimbursable costs.
4. COMPLETION DATE. The Engineer must complete the services by February 28,
2014, however it is anticipated that work will be complete by December 31, 2013.
5. DOCUMENTS. The City shall be the owner of all documents, reports, studies,
analysis and the like prepared by the Engineer in conjunction with this contract.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill,
and diligence in the performance of the Services as is ordinarily possessed and exercised by a
professional engineer under similar circumstances. No other warranty, expressed or implied, is
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included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Engineer’s services.
8. INDEMNIFICATION. The Engineer shall indemnify and hold harmless the City,
its officers, agents, and employees, of and from any and all claims, demands, actions, causes of
action, including costs and attorney's fees, to the extent caused by the negligent acts or omissions
of the Engineer.
9. INSURANCE. Engineer shall secure and maintain such insurance as will protect
Engineer from claims under the Worker's Compensation Acts, automobile liability, and from claims
for bodily injury, death, or property damage which may arise from the performance of services
under this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $1,000,000 each occurrence/aggregate
Automobile Liability $1,000,000 combined single limit
Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the general liability and umbrella policies.
The Engineer shall secure and maintain a professional liability insurance policy. Said policy
shall insure payment of damages for legal liability arising out of the performance of professional
services for the City, in the insured's capacity as Engineer, if such legal liability is caused by a
negligent act, error or omission of the insured or any person or organization for which the insured is
legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum
of $125,000 unless the City agrees to a higher deductible.
Before commencing work the Engineer shall provide the City a certificate of insurance
evidencing the required insurance coverage in a form acceptable to the City. The certificate shall
provide that such insurance cannot be cancelled until thirty (30) days after the City has received
written notice of the insurer’s intention to cancel this insurance.
10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an
independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is
not an employee of the City and is free to contract with other entities as provided herein. Engineer
shall be responsible for selecting the means and methods of performing the work. Engineer shall
furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under
this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner
represent that Engineer or any of Engineer's agents or employees are in any manner agents or
employees of the City. Engineer shall be exclusively responsible under this Agreement for
Engineer's own FICA payments, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or
taxes are required to be paid by law or regulation.
11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Engineer shall
comply with Minnesota Statute § 471.425. Engineer must pay Subcontractor for all undisputed
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services provided by Subcontractor within ten days of Engineer’s receipt of payment from City.
Engineer must pay interest of 1.5 percent per month or any part of a month to Subcontractor on
any undisputed amount not paid on time to Subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10.
12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
13. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
15. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the City from loss or damage resulting
there from.
17. RECORDS. The Engineer shall maintain complete and accurate records of time
and expense involved in the performance of services.
18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this
Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Engineer receives a request to release data, Engineer must
immediately notify City. City will give Engineer instructions concerning the release of the data to
the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting
from Engineer’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
19. TERMINATION. This Agreement may be terminated by City on two (2) days’
written notice delivered to Engineer at the address on file with the City. Upon termination under
this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered
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and reimbursable expenses until the effective date of termination. If the City terminates the
Agreement because the Engineer has failed to perform in accordance with this Agreement, no
further payment shall be made to the Engineer, and the City may retain another engineer to
undertake or complete the work identified in Paragraph 1.
CITY OF FALCON HEIGHTS FOTH INFRASTRUCTURE
& ENVIRONMENT, LLC
BY: ______________________________ BY:
Peter Lindstrom, Mayor Its Client Director
BY:______________________________ BY:
Bart Fischer, City Administrator/City Clerk Its Vice President
Dated: ______________________, 2013. Dated:__June 6___________________, 2013
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EXHIBIT “A”
SCOPE OF SERVICES
1. Technical and strategic assistance to the cities of Falcon Heights and Lauderdale, MN
related to the pilot study of collection and recycling of “bulky” waste in the two
cities.
2. Technical assistance with letters, data systems and logistics to roll out the pilot to the
residents of each city.
3. Data analysis for the study.
4. Report-writing to summarize the findings of the study.
5. Up to two presentations of the study results (one presentation to each City Council).
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EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
ENGINEER’s services will be provided on a time and materials basis using the rates currently
used for ENGINEER’s existing Technical Assistance Project for Ramsey County. ENGINEER
will provide services related to this project up to the total budget allocation of $10,000, inclusive
of reimbursable costs, at which time services will be suspended unless additional funds are
secured. Dan Krivit’s hourly rate will be $150; Susan Young’s hourly rate will be $120. Curt
Hartog will serve as technical coordinator at a rate of $140/hour; Debra Casmer will provide
project management assistance at a rate of $75/hour; Roni Oman will provide administrative
assistance at a rate of $68/hour.
ENGINEER will invoice the City for services monthly. Payments are due and payable thirty
(30) days from the date of the ENGINEER's invoice.
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Charter Schools Development Corporation Conduit Financing Bonds.
Description
The City has the authority to conduit issue bank-qualified, tax-exempt (501(c)3)
bonds each year. In a conduit financing scenario, the City lends its authority to a
qualified non-profit, tax-exempt entity, and can take an administrative fee in return
for lending this authority.
Charter Schools Development Corporation, through the City’s bond attorney-Briggs
& Morgan, has asked Falcon Heights to utilize its conduit bonding authority in
order to refinance outstanding debt, the proceeds of which were used for the
acquisition and renovations to a charter school facility located at 3810 East 56th
Street in Minneapolis.
There is no financial risk or repayment liability to the City for allowing this, and the
conduit bonding does not affect the City’s bond rating. It will however, allow us to
collect a .5% fee for the refinancing. They anticipate refinancing approximately $8
million in bonds which would put the fee collected by the City at approximately
$40,000.
The action requested tonight is to set a public hearing for the July 10, 2013, City
Council meeting to authorize the refinancing of these conduit financing bonds.
Budget Impact The action requested at this meeting, to set the public hearing date on this item, will
not have an effect on the budget but the possible authorization of this refinancing
deal on July 10, 2013, could bring in one-time revenue of approximately $40,000 for
the City.
Attachment(s) Resolution No. 13-13
Notice of Public Hearing
Action(s)
Requested
Staff recommends that the Falcon Heights City Council adopt Resolution No. 13-
setting a public hearing on the refinancing of the Charter Schools Development
Corporation Conduit Financing Bonds for the July 10, 2013, 7:00 pm Falcon Heights
City Council meeting.
Meeting Date June 12, 2013
Agenda Item Consent F4
Attachment Resolution No. 13-13
Notice of Public Hearing
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
June 12, 2013
No. 13-13
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RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF
EDUCATIONAL FACILITIES REVENUE NOTES AND
AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING
(CHARTER SCHOOLS DEVELOPMENT CORPORATION/HIAWATHA ACADEMIES
PROJECT)
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, relating to municipal
industrial development (the “Act”), gives municipalities the power to issue revenue obligations
for the purpose of promoting the welfare of the state by the active attraction and encouragement
and development of economically sound industry and commerce to prevent so far as possible the
emergence of blighted and marginal lands and areas of chronic unemployment; and
WHEREAS, Falcon Heights, Minnesota (the “City”), has received from Charter Schools
Development Corporation, a Minnesota nonprofit corporation and 501(c)(3) organization (the
“Borrower”), a proposal that it undertake a program to finance the Project hereinafter described,
through the issuance of revenue notes, in one or more series, or obligations (the “Notes”)
pursuant to the Act; and
WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary
for the City to hold a public hearing on the proposal pursuant to Section 147(f) of the Internal
Revenue Code and Section 469.154, Subdivision 4, of the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of of Falcon Heights,
Minnesota, as follows:
1. A public hearing on the proposal of the Borrower will be held at the time
and place set forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The
general nature of the Project and an estimate of the aggregate principal amount of revenue notes
or other obligations to be issued to finance the proposal are described in the Notice of Public
Hearing.
2. The Administrator is hereby authorized and directed to cause notice of the
hearing to be given one publication in the official newspaper of the City and also in a newspaper
of general circulation available in the City, not less than 14 days nor more than 30 days prior to
the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing.
Adopted by the City Council of Falcon Heights, Minnesota, this 12th day of June, 2013.
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Moved by: Approved by: ________________________
Peter Lindstrom, Mayor
June 12, 2013
LINDSTROM ____ In Favor Attested by: ________________________
GOSLINE Bart Fischer
HARRIS ____ Against City Administrator
LONG June 12, 2013
MERCER-TAYLOR
EXHIBIT A
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR THE ISSUANCE OF
EDUCATIONAL FACILITIES REVENUE NOTES FOR THE
HIAWATHA ACADEMIES PROJECT
Notice is hereby given that the City Council of the City of Falcon Heights, Minnesota
(the “City”) will meet at the at the City Hall located at 2077 Larpenteur Avenue West, Falcon
Heights, Minnesota, at 7:00 p.m. on Wednesday, July 10, 2013, to consider the proposal of
Charter Schools Development Corporation, a Minnesota nonprofit corporation and having
federal income tax-exempt 501(c)(3) status (the “Borrower”), that the City assist in financing a
project hereinafter described pursuant to Minnesota Statutes, Sections 469.152 to 469.1655, by
the issuance of revenue notes, in one or more series (the “Notes”).
The “Project” consists of (i) refinancing certain outstanding taxable indebtedness of the
Borrower, the proceeds of which were used for the acquisition of and renovations to a charter
school facility located at 3810 East 56th Street, Minneapolis, Minnesota (“Hiawatha Academies -
Morris Park”); (ii) financing improvements to Hiawatha Academies - Morris Park consisting of
new ceilings, a bathroom facility, kitchen ventilation work, maintenance of unit ventilators and
radiators and resurfacing of the parking lot; and (iii) financing the acquisition, construction and
renovation of a charter school facility located at 1611 East 46th Street, Minneapolis, Minnesota
(“Hiawatha Academies - Northrup”), including an approximately 15,400 square foot addition to
the existing building. The Project will be owned by the Borrower and leased to and operated by
Hiawatha Academies, a Minnesota non-profit corporation having federal income tax-exempt
501(c)(3) status as a public (charter) school.
The maximum estimated principal amount of the Notes to be issued to finance the Project
is $8,000,000.
The Notes if and when issued will not constitute a charge, lien or encumbrance upon any
property of the City, except the Project, and such obligations will not be a charge against the
general credit or taxing powers of the City but will be payable from sums to be paid by the
Borrower pursuant to a revenue agreement.
A draft copy of the proposed application to the Minnesota Department of Employment
and Economic Development for approval of the Project, together with all attachments and
exhibits thereto, is available for public inspection, during normal business hours, Monday
through Friday, in the office of the Administrator, in the City Hall.
At the time and place fixed for the Public Hearing, the City Council will give all persons
who appear at the hearing an opportunity to express their views with respect to the proposal.
Written comments will be considered if submitted at the above City office on or before the date
of the hearing.
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A-1
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Performance Measurement Program
Description
In 2010, the Minnesota Legislature created the Council on Local Results and
Innovation. In February 2011, the Council released a standard set of ten
performance measures for counties and ten performance measures for cities that aid
residents, taxpayers, and state and local elected officials in determining the efficacy
of counties and cities in providing services, and measure residents' opinions of
those services. Cities and counties that choose to participate in the new standards
measure program may be eligible for a reimbursement in Local Government Aid
and exemption from levy limits.
The two requirements of continuing in the program for the City of Falcon Heights is
to pass a resolution annually acknowledging participation in the performance
measurement program (attached resolution) and a measurement of how the city is
doing from the residents. These items need to be completed between July 1st
of each
year. If you will remember, at last year’s Ice Cream Social we conducted a survey of
our residents, the results of which showed residents view the services of the City in
a positive light.
Staff is asking that Council adopt the attached resolution confirming our continued
participation in the program. Staff can then provide the State Auditor’s Office with
a copy of the resolution and survey before July 1st
in order to continue being a part
of the performance measurement program.
Budget Impact The per capita LGA reimbursement is relatively insignificant ($.14 per capita,
roughly $745), but the benefits of obtaining a waiver of levy limits could be
beneficial.
Attachment(s) Resolution 13-14
Meeting Date June 12, 2013
Agenda Item Consent F5
Attachment Resolution 13-14
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
Action(s)
Requested
Staff recommends that the Falcon Heights City Council adopt the attached
Resolution 13-14 continuing the City of Falcon Heights’ participation in the
Performance Measurement Program.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
June 12, 2013
No. 13-14
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RESOLUTION CONTINUING PERFORMANCE MEASUREMENT STANDARDS
WHEREAS, benefits to the City of Falcon Heights for participation in the Minnesota Council
on Local Results and Innovation’s comprehensive performance measurement program are
outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and
WHEREAS, any city/county participating in the comprehensive performance measurement
program is also exempt from levy limits for taxes, if levy limits are in effect; and
WHEREAS, the City Council of Falcon Heights has adopted and implemented at least10 of the
performance measures, as developed by the Council on Local Results and Innovation, and a
system to use this information to help plan, budget, manage and evaluate programs and processes
for optimal future outcomes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Falcon Heights will continue
to report the results of the performance measures to its citizenry by the end of the year through
publication, direct mailing, posting on the city’s website, or through a public hearing at which
the budget and levy will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of Falcon Heights will submit to the Office of
the State Auditor the actual results of the performance measures adopted by the city.
Adopted by the City Council of Falcon Heights, Minnesota, this 12th day of June, 2013.
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Moved by: Approved by: ________________________
Peter Lindstrom, Mayor
June 12, 2013
LINDSTROM ____ In Favor Attested by: ________________________
GOSLINE Bart Fischer
HARRIS ____ Against City Administrator
LONG June 12, 2013
MERCER-TAYLOR
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve the Joint Powers Agreement for the 2013 Pavement Management Project
Description
The City’s 2013 Pavement Management Project falls within three subwatersheds:
Curtiss Pond, Gottfried’s Pit and Como Lake. Because the street improvement
project is a mill and overlay, and does not trigger the need for a Capitol Region
Watershed District (CRWD) permit, staff approached the CRWD about a potential
cost share to construct storm water improvements. This project represents an
excellent opportunity to implement significant water quantity and quality practices
on streets in the City that will not see major construction work for over 20 years
after this project is completed.
CRWD staff and board reviewed the project, and agreed to partner with the City to
incorporate water quantity and quality practices into the project. The following
storm sewer improvements and best management practices (BMPs) are being
constructed as a part of this project:
• underground infiltration trench on Albert Street from California Avenue to
Larpenteur Avenue;
• underground infiltration trench on Arona Street from Idaho Avenue to Hoyt
Avenue;
• Storm sewer and infiltration areas at the intersections of Pascal Street and
Iowa Avenue, Pascal Street and Idaho Avenue, Albert Street and Iowa
Avenue, and Asbury Street and Crawford Avenue.
• Storm sewer extension on California Avenue alley (“Super America” alley)
• Catch basin replacements throughout the project area
Budget Impact The costs to construct the storm water improvements on this project are $339,000.
As a part of this cost-share, the CRWD will contribute $142,000 towards the project
(approximately 40% of storm sewer costs), not to exceed $156,200 with cost
overruns. The City is responsible for the balance, or $197,000, of the costs, which is
anticipated to be funded with TIF.
Attachment(s) Joint Powers Agreement
Action(s)
Requested
Approve the Joint Powers Agreement for the 2013 Pavement Management Project.
Meeting Date June 12, 2013
Agenda Item Consent F6
Attachment Capitol Region Watershed District
Agreement
Submitted By Kristine Giga, Civil Engineer
Families, Fields and Fair
__________________________
JOINT POWERS AGREEMENT
THIS AGREEMENT is entered into between the Capitol Region Watershed District, a
Minnesota watershed district established under the authority of Minnesota Statutes Chapter 103D
(the CRWD), and the city of Falcon Heights, a municipal corporation under the laws of the State
of Minnesota (the City), pursuant to the provisions of Minn. Stat. §103D.335, subd. 2, and
§471.59.
Recitals
WITNESSETH:
WHEREAS, the CRWD and the City have been planning to bring about stormwater
improvements as part of the City’s 2013 Pavement Management Project (the Project); and
WHEREAS, the Project contemplates and includes stormwater best management
practices and drainage improvements; and
WHEREAS, the Project has been finalized and financing participation developed; and
WHEREAS, these stormwater and drainage improvements are proposed at several
locations at Albert St., Arona Ave., Pascal St., and Crawford Ave. , See Exhibit “A”; and
WHEREAS, the City is planning to construct these improvements and commits $197,000
towards the cost of these improvements; and
WHEREAS, the City and the CRWD have agreed to participate in financing the total cost
of the Project, and such participation for the CRWD is defined herein.
NOW, THEREFORE, in consideration of the mutual promises and benefits that each
party shall derive herefrom, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the funding shares, direction,
management and control, contracting, supervision, and liability of the parties in connection with
the Project.
2. Funding. Pursuant to lowest responsible bid received by the City and awarded on
May 8, 2013 (See Exhibit “B) the estimate of the cost of the Project is $339,000. The City shall
be responsible for payment of the sum of $197,000. The CRWD shall pay $142,000, subject to
the provisions of paragraph 3.
3. Cost Overrun. The City shall be responsible for any cost overrun. However, in the
event actual design and construction costs exceed $339,000, CRWD shall pay 10% of any
additional expenses mutually agreed upon pursuant to paragraph 5, up to a maximum additional
contribution of $14,200. Regardless of actual cost, the CRWD’s maximum contribution shall be
$156,200. The City shall be responsible for additional costs not paid by the Project Partners.
4. Project Management. The City shall manage and direct the Project on its own behalf.
The City shall cause to be prepared all construction plans and specifications; shall prepare bid
specifications and let the Project for public bidding; shall award the construction and related
contracts; shall enter into construction and other contracts on its behalf; and shall direct and
manage completion of the Project.
5. Extra Work. All extra work orders or changes to the Project made during construction
of the Project shall be subject to approval by change order in writing signed by both parties prior
to such construction.
6. Construction Permits. Each party with relevant jurisdiction agrees to reasonably
expedite any construction permits or other permits required for construction of the Project, and to
grant the same in accordance with the applicable rules and procedures.
7. Records and Reports/Payment by City. All records and costs pertaining to the work to
be performed under this Agreement shall be kept City in accordance with the established record
keeping and accounting procedures. Upon completion of the work, the City will submit a
payment request to the CRWD, payable in full within sixty (60) days of the billing date. City
will provide any documentation or reports requested by CRWD.
8. Maintenance and Safety During Construction. Maintenance and public safety will be
the responsibility of the City during the construction phase.
9. Employees. It is further agreed that any and all employees of the City and all other
persons engaged by the City in the performance of any work or services required, volunteered, or
provided for herein to be performed by the City, shall not be considered employees of CRWD,
and that any and all claims that may arise under the Worker’s Compensation Act of the State of
Minnesota on behalf of said employees while so engaged, and any and all claims made by any
third parties as a consequence of any act or omission on the part of said employees while so
engaged on any of the work or services provided to be rendered herein, shall in no way be the
obligation or responsibility of the City.
10. Prior Agreements. All previous agreements regarding stormwater improvements
shall remain in effect after the improvements referred to in this Agreement are completed. This
Agreement shall have no effect on these earlier maintenance agreements.
11. Non-Discrimination. The provisions of Minn. Stat. §181.59, and of any applicable
local ordinance relating to Civil Rights and Discrimination, shall be considered a part of this
Agreement as if fully set forth herein. This construction Agreement shall remain in effect until
the time the construction contract is terminated by the City.
12. Recitals. The recitals in this Agreement are incorporated into the Agreement and
constitute obligations and rights.
13. Indemnification. The City and CRWD agree that liability under this Agreement is
controlled by Minn. Stat. §471.59, subd. 1a and that the total liability for the participating cities
shall not exceed the limits on governmental liability for a single use of government as specified
in §466.04, subd. 1. The City agrees to defend, indemnify, and hold harmless CRWD against
any and all claims, liability, loss, damage, or expense arising under the provisions of this
Agreement and caused by or resulting from negligent acts or omissions of the City or those of
the City’s employees or agents. Under no circumstances, however, shall a party be required to
pay on behalf of itself and the other party any amount in excess of the limits on liability
2
established in Minnesota Statutes, Chapter 466, applicable to any one party. The limits of
liability for both parties may not be added together to determine the maximum amount of
liability for either party. The intent of this paragraph is to impose on each party a limited duty to
defend and indemnify each other subject to the limits of liability under Minnesota Statutes,
Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the
defense of claims by eliminating conflicts among the parties and to permit liability claims against
both parties from a single occurrence to be defended by a single attorney.
14. Project Property Ownership. Upon completion of the Project, all pipes, and other
property utilized in connection with the Project shall be the property of the City, and CRWD
shall have no interest in or claim thereto.
15. Term. This Agreement shall be effective when approved by the CRWD and the City.
This Agreement shall expire and be of no further force or effect upon completion of the Project,
except that the provisions of paragraphs 7 and 13 shall survive expiration of the Agreement.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
CITY OF FALCON HEIGHTS CAPITOL REGION WATERSHED DISTRICT
By ________________________________ By ______________________________
Peter Lindstrom Joseph Collins, President
Mayor Board of Managers
By ________________________________ By ______________________________
Bart Fischer Mark Doneux
City Administrator Administrator
Date _____________________________ Date _____________________________
Approved as to Form:
_________________________________
Assistant County Attorney
3
EXHIBIT A
Map of Stormwater and Drainage Improvements for the Project
4
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO CRAWFORD AVENUEARONA STREET
9
IMPROVEMENTS
15 30 60ARONA STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/02/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Arona_c601.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKEDDESIGNED
DRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRT
DRT
KAG
13-07
124-030-002, 124-050-008
37
MATCH LINE 6+00
920
950
945
940
935
930
925
955
920
950
945
940
935
930
925
955
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS
7.SEE SHEET 12 FOR INTERSECTION DETAILS,
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO CRAWFORD AVENUEARONA STREET
10
IMPROVEMENTS
15 30 60ARONA STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/02/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Arona_c601.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKEDDESIGNED
DRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRT
DRT
KAG
13-07
124-030-002, 124-050-008
37
MATCH LINE 6+00
920
950
945
940
935
930
925
955
920
950
945
940
935
930
925
955
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.CONSTRUCT CONCRETE VALLEY GUTTER PER STANDARD DETAIL.
7.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS
8.SEE SHEET 12 FOR INTERSECTION DETAILS.
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO CRAWFORD AVENUEARONA STREET
11
IMPROVEMENTS
15 30 60ARONA STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Arona_c601.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
920
950
945
940
935
930
925
955
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS..
920
950
945
940
935
930
925
955
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO LARPENTEUR AVENUEPASCAL STREET
14
IMPROVEMENTS
15 30 60PASCAL STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Pascal_c602.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
MATCH LINE 6+00
930
960
955
950
945
940
935
925
930
960
955
950
945
940
935
925
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.CONSTRUCT CONCRETE VALLEY GUTTER PER STANDARD DETAIL.
7.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS.
8.SEE SHEET 16 FOR INTERSECTION DETAILS.
9.SEE SHEET 31 FOR STORM SEWER DETAILS.
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO LARPENTEUR AVENUEPASCAL STREET
15
IMPROVEMENTS
15 30 60PASCAL STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Pascal_c602.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
930
960
955
950
945
940
935
925
MATCH LINE 6+00
930
960
955
950
945
940
935
925
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.CONSTRUCT CONCRETE VALLEY GUTTER PER STANDARD DETAIL.
7.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS.
8.SEE SHEET 16 FOR INTERSECTION DETAILS.
9.SEE SHEET 31 FOR STORM SEWER DETAILS.
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO LARPENTEUR AVENUEALBERT STREET
18
IMPROVEMENTS
15 30 60ALBERT STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/02/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Albert_c603.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKEDDESIGNED
DRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRT
DRT
KAG
13-07
124-030-002, 124-050-008
37
965
960
955
950
945
940
935
965
960
955
950
945
940
935
MATCH LINE 6+00
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS.
7.SEE SHEET 20 FOR INTERSECTION DETAILS.
DRT
DRT
13-07
PLAN AND PROFILE FOR:
HOYT AVENUE TO LARPENTEUR AVENUEALBERT STREET
19
IMPROVEMENTS
15 30 60ALBERT STREET
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Albert_c603.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
965
960
955
950
945
940
935
965
960
955
950
945
940
935
MATCH LINE 6+00
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATIONS (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.STREET CORRECTION: *RECLAIM BITUMINOUS ROADWAY (10" DEPTH), REMOVE EXCESS MATERIAL, REGRADE ROADWAY FOR:
4" THICK PAVEMENT AS PER TYPICAL SECTION.
*SUB-CUT AND BACKFILL FAILURE AREAS AS DIRECTED BY THE ENGINEER.
*CONSTRUCT 2.0" TYPE SPNWB230B NON- WEARING COURSE AND 2.0" TYPE SPWEB240B WEARING COURSE
5.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
6.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS.
7.SEE SHEET 20 FOR INTERSECTION DETAILS.
DRT
DRT
13-07
PLAN AND PROFILE FOR:FROM TH51 TO SIMPSON STREETCRAWFORD AVENUE
22
IMPROVEMENTS
15 30 60CRAWFORD AVE.
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Crawford_c604.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
MATCH LINE 6+50
970
965
960
955
950
945
940
970
965
960
955
950
945
940
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATIONS (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.CONSTRUCT CONCRETE VALLEY GUTTER PER STANDARD DETAIL.
5.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS
6.SEE SHEET 24 FOR INTERSECTION DETAILS.
END S.A.P. 124-030-220
BEGIN S.A.P. 124-050-008
STATION 6+50
PAVEMENT MANAGEMENT PROJECT
DRTDRT
13-07
PLAN AND PROFILE FOR:
HAMLINE AVENUE TO ALBERT STREET
CALIFORNIA AVENUE ALLEY
27
IMPROVEMENTS
15 30 60CALIFORNIA AVE. ALLEY
60' RIGHT OF WAY
SHEET NO.
FIELD BOOK:Plot Date: 04/08/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\California_Alley_c605.dwgXrefs:, FH22-bdr, X-SITE-EXIST, X-SITE-NEW
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKED
DESIGNEDDRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRTDRTKAG
13-07
124-030-002, 124-050-008
37
NOTES:
1.CONTRACTOR IS RESPONSIBLE FOR HAVING UTILITIES LOCATED IN THE FIELD.
2.SIGN RELOCATION (REMOVAL, PROTECTION AND REINSTALLATION) IS INCIDENTAL UNLESS OTHERWISE NOTED.
3.REMOVE AND REPLACE CURB & GUTTER SECTIONS AS DIRECTED BY THE ENGINEER.
4.CONSTRUCT PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE MnDOT STANDARD PLANS.
5.CONSTRUCT CONCRETE VALLEY GUTTER PER STANDARD DETAIL.
6.SEE TABULATION A FOR WORK PERFORMED ON ALL UTILITY STRUCTURES WITHIN CONSTRUCTION LIMITS.
7. PROTECT EXISTING BUILDINGS, GARAGES AND FENCES.
SHEET NO.
960
950
945
940
935
930
965
955
960
950
945
940
935
930
965
955
DRT
DRT
13-07
MISCELLANEOUS PROFILE FOR:STORM SEWER AND DETAILS
31
IMPROVEMENTS
SHEET NO.
FIELD BOOK:Plot Date: 04/02/2013Drawing name: R:\PublicWorks\CAD\Projects\2013\13-07_2013_PMP-FalconHeights\Drawings\Misc Storm Sewer Profiles_c609.dwgXrefs:, FH22-bdr
DESCRIPTION OF REVISIONS
DATE
NO.
BY
LIC. NO.
DATE
CHECKEDDESIGNED
DRAWN
CITY PROJ. NO.
SAP NO.
SHE ET NO.OF SHEETS
ENGINEERING DEPARTMENT
I HEREBY CERTIFY THAT THIS PLAN WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF MINNESOTA.
PAVEMENT MANAGEMENT PROJECT
PROFESSIONAL ENGINEERCIVIL ENGINEER
43081
4/01/2013
DRT
DRT
KAG
13-07
124-030-002, 124-050-008
37
935
950
945
940
0+00 0+20 0+40 0+60 0+80 1+00 1+20
950
945
940
0+00 0+20 0+40 0+60
955
950
945
940
935
950
945
940
950
945
940
955955
955
950
945
940
PASCAL STREET AND IOWA AVENUE
CRAWFORD AVENUE AND ASBURY STREET
PASCAL STREET AND IDAHO AVENUE
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40
EXHIBIT B
Estimated Costs for Construction of the Project
Falcon Heights Street Project Expenses and Revenue
4/30/2013
Post Bid
Estimate
Expenses
Construction
Low Bidder$289,000
Change Order #1
Subtotal$289,000
Engineering
Wenck Associates$25,000
Roseville Engineering$25,000
Total Expenses$339,000
Amended
Contribution
Revenue
Falcon Heights$197,000
CRWD$142,000
Total Revenue$339,000
5
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve Payment #1 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management
Project
Description
On May 8, 2013, the City Council awarded the 2013 Pavement Management Project (PMP)
to T.A. Schifsky & Sons, Inc.
Payment #1 is in the amount of $37,218.50 and includes the following work:
• Mobilization
• Traffic control
• Pavement reclamation
• Concrete removals (curb and gutter, sidewalk)
• Storm sewer work (removals, new structures, pipe installation)
Budget
Impact
This project is being funded from the following sources:
• Special Assessments
• Municipal State Aid (MSA) dollars
• Tax increment financing (TIF)
• City funds (infrastructure, utility)
Attachment Payment #1
Action(s)
Requested
Approve Payment #1 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management
Project.
Meeting Date June 12, 2013
Agenda Item Consent F7
Attachment Payment #1
Submitted By Kristine Giga, Civil Engineer
Families, Fields and Fair
__________________________
Engineering Copy
Finance Copy
Contractor Copy
Payment No. :1
Partial Payment
2013 Falcon Heights PMP
CONTRACTOR:
T.A. Schifsky & Sons, Inc.
2370 Highway 36 E
North Saint Paul, MN 55109
651-777-1313
Total of Contract$1,033,858.22
% of Contract Complete 3.8%
Value of Work Completed$39,177.37
5% Retainage$1,958.87
Previous Payments$0.00
Payment Due This Voucher$37,218.50
DATE:
City Administrator
DATE:
City Engineer
DATE:
Contractor's Representative
Funding
P-13-07 590-03-75-00-1304-48-490000 22,207.08$ 124-030-002
P-13-07 590-03-69-00-1304-48-490000 9,307.25$ 124-050-008
P-13-07 590-03-69-00-1304-48-490000 5,704.17$ Non-Participating
Total 37,218.50$
CITY OF ROSEVILLE
Contract Date: May 8, 2013
CONTRACT VOUCHER
CITY OF FALCON HEIGHTSFH-13-072013 PAVEMENT MANAGEMENT PROJECT
PAY ESTIMATE #1
FOR WORK COMPLETED THROUGH6/3/2013
ITEM NO.ITEM DESCRIPTIONUNITUNIT PRICE
EST. TOTAL QUANTITYEST. TOTAL COST
QUANTITY PREVIOUS ESTIMATE
AMOUNT
PREVIOUS ESTIMATE
QUANTITY
COMPLETED TO DATE
TO DATE TOTAL
AMOUNT
2021.501MOBILIZATION (5% MAXIMUM)LS42,000.00$ 1.0042,000.00$ 0.00$0.000.15$6,300.00
2101.502CLEARING
TREE200.00$ 6.001,200.00$ 0.00$0.000.00$0.00
2101.502GRUBBING
TREE200.00$ 6.001,200.00$ 0.00$0.000.00$0.00
2104.501REMOVE SEWER PIPE (STORM)LF8.24$ 570.004,696.80$ 0.00$0.0032.00$263.68
2104.501REMOVE CONCRETE CURB & GUTTERLF2.25$ 2906.006,538.50$ 0.00$0.001,262.30$2,840.18
2104.505REMOVE CONCRETE SIDEWALKSY3.45$ 310.001,069.50$ 0.00$0.00205.10$707.60
2104.505REMOVE CONCRETE VALLEY GUTTERSY3.40$ 116.00394.40$ 0.00$0.0086.60$294.44
2104.505REMOVE BITUMINOUS DRWY. PAVEMENTSY2.00$ 117.00234.00$ 0.00$0.000.00$0.00
2104.505REMOVE CONCRETE DRWY. PAVEMENTSY2.00$ 264.00528.00$ 0.00$0.000.00$0.00
2104.509REMOVE MANHOLE OR CATCH BASINEACH395.00$ 10.003,950.00$ 0.00$0.004.00$1,580.00
2104.511SAWCUT CONCRETE PAVEMENTLF1.50$ 643.00964.50$ 0.00$0.000.00$0.00
2104.513SAWCUT BITUMINOUS PAVEMENTLF1.50$ 2506.003,759.00$ 0.00$0.000.00$0.00
2104.523SALVAGE MH OR CB CASTINGEACH51.50$ 14.00721.00$ 0.00$0.000.00$0.00
2104.523SALVAGE MH COVEREACH20.60$ 18.00370.80$ 0.00$0.000.00$0.00
2104.523PIPE CROSSING
EACH721.00$ 1.00721.00$ 0.00$0.000.00$0.00
2104.603SAWCUT AND REMOVE BIT. FOR CURB AND GUTTER REPLACEMENTLF4.12$ 58.00238.96$ 0.00$0.000.00$0.00
2105.501COMMON EXCAVATION (P)CY12.36$ 257.003,176.52$ 0.00$0.000.00$0.00
2105.501COMMON EXCAVATION (BITUMINOUS PAVEMENT RECLAMATION)CY5.10$ 2488.0012,688.80$ 0.00$0.000.00$0.00
2105.501SALVAGE AND PLACE RECLAIMED AGGREGATE (CV)CY1.03$ 230.00236.90$ 0.00$0.000.00$0.00
2105.507SUBGRADE EXCAVATIONCY14.42$ 100.001,442.00$ 0.00$0.000.00$0.00
2105.604GEOTEXTILE FABRIC, TYPE 2 NON-WOVENSY3.09$ 3370.0010,413.30$ 0.00$0.000.00$0.00
2112.501AGGREGATE GRADING AND COMPACTIONRDST190.55$ 69.0013,147.95$ 0.00$0.000.00$0.00
2123.610STREET SWEEPER W/PICK UP BROOMHR105.00$ 90.009,450.00$ 0.00$0.000.00$0.00
2211.501AGGREGATE BASE TON11.00$ 273.003,003.00$ 0.00$0.000.00$0.00
2231.501BITUMINOUS PATCH MIXTURETON85.00$ 65.005,525.00$ 0.00$0.000.00$0.00
2331.603SAW AND SEAL CONTROL JOINT IN BITUMINOUS PAVEMENTLF2.50$ 6050.0015,125.00$ 0.00$0.000.00$0.00
2331.604BITUMINOUS PAVEMENT RECLAMATIONSY0.75$ 22632.0016,974.00$ 0.00$0.009,394.00$7,045.50
2357.502BITUMINOUS MATERIAL FOR TACK COATGAL2.00$ 2192.004,384.00$ 0.00$0.000.00$0.00
2360.501TYPE SPWEB240B WEARING COURSE MIXTON64.00$ 3008.00192,512.00$ 0.00$0.000.00$0.00
2360.501TYPE SPWEA240B WEARING COURSE MIX DRWYTON140.00$ 16.002,240.00$ 0.00$0.000.00$0.00
2360.502TYPE SPNWB230B NON-WEARING COURSE MIXTON62.00$ 3008.00186,496.00$ 0.00$0.000.00$0.00
2451.607TRENCH EXCAVATIONCY15.45$ 4011.0061,969.95$ 0.00$0.000.00$0.00
2502.52115" DUAL WALL HDPE STORM PIPELF25.75$ 256.006,592.00$ 0.00$0.000.00$0.00
2502.54115" PERFORATED HDPE STORM PIPELF33.99$ 321.0010,910.79$ 0.00$0.0060.00$2,039.40
2502.54124" PERFORATED HDPE STORM PIPELF69.01$ 540.0037,265.40$ 0.00$0.000.00$0.00
2503.51112" RCP PIPE SEWERLF31.93$ 127.004,055.11$ 0.00$0.0040.00$1,277.20
2503.602SANITARY SEWER SERVICE REPLACEMENTEACH2,420.50$ 2.004,841.00$ 0.00$0.000.00$0.00
2503.60312" HDPE SEWER PIPELF24.72$ 145.003,584.40$ 0.00$0.0062.00$1,532.64
2503.603SANITARY SEWER REPAIRLF224.54$ 10.002,245.40$ 0.00$0.000.00$0.00
2504.602ADJUST GATE VALVEEACH242.05$ 15.003,630.75$ 0.00$0.000.00$0.00
2506.502CONSTRUCT CB- MH TYPE B W/CASTING, SPECIAL STRUCTUREEACH2,472.00$ 1.002,472.00$ 0.00$0.001.00$2,472.00
2506.502CONSTRUCT CATCH BASIN MANHOLE TYPE B W/CASTINGEACH2,873.70$ 17.0048,852.90$ 0.00$0.002.00$5,747.40
2506.502CONSTRUCT CATCH BASIN TYPE B W/CASTINGEACH1,957.00$ 14.0027,398.00$ 0.00$0.002.00$3,914.00
2506.502RECONSTRUCT SANITARY OR STORM SEWER MANHOLE/CATCH BASINLF1,009.40$ 2.002,018.80$ 0.00$0.000.00$0.00
2506.521F & I MANHOLE COVEREACH195.70$ 19.003,718.30$ 0.00$0.000.00$0.00
2506.522ADJUST MANHOLE FRAME & RINGEACH607.70$ 23.0013,977.10$ 0.00$0.000.00$0.00
2506.522ADJUST CATCHBASIN FRAME AND RINGEACH185.40$ 12.002,224.80$ 0.00$0.000.00$0.00
2506.602CONNECT TO EXISTING STRUCTUREEACH1,339.00$ 9.0012,051.00$ 0.00$0.001.00$1,339.00
2506.603EXTRA DEPTH MANHOLELF123.60$ 22.712,806.96$ 0.00$0.000.00$0.00
2013 Falcon Heights PMP
Page 1 of 2
CITY OF FALCON HEIGHTSFH-13-072013 PAVEMENT MANAGEMENT PROJECT
PAY ESTIMATE #1
FOR WORK COMPLETED THROUGH6/3/2013
ITEM NO.ITEM DESCRIPTIONUNITUNIT PRICE
EST. TOTAL QUANTITYEST. TOTAL COST
QUANTITY PREVIOUS ESTIMATE
AMOUNT
PREVIOUS ESTIMATE
QUANTITY
COMPLETED TO DATE
TO DATE TOTAL
AMOUNT
2521.6184" CONCRETE SIDEWALKSF4.89$ 5654.0027,648.06$ 0.00$0.000.00$0.00
2531.501CONCRETE CURB & GUTTER DESIGN B-618LF10.51$ 515.005,412.65$ 0.00$0.000.00$0.00
2531.501CONCRETE CURB & GUTTER DESIGN B-618, RANDOMLF17.20$ 2391.0041,125.20$ 0.00$0.000.00$0.00
2531.5076" THICK CONCRETE DRIVEWAY PAVEMENTSY49.75$ 248.0012,338.00$ 0.00$0.000.00$0.00
2531.5078" THICK CONCRETE DRIVEWAY PAVEMENTSY60.05$ 16.00960.80$ 0.00$0.000.00$0.00
2531.6046" CONCRETE-VALLEY GUTTERSY52.20$ 265.0013,833.00$ 0.00$0.000.00$0.00
2531.618TRUNCATED DOMESSF38.11$ 552.0021,036.72$ 0.00$0.000.00$0.00
2541.5051"-3" WASHED ROCKCY31.00$ 1851.0057,381.00$ 0.00$0.0027.64$856.84
2563.601TRAFFIC CONTROLLS12,900.00$ 1.0012,900.00$ 0.00$0.000.08$967.50
2565.602PVC LOOP DETECTORS, 6' x 6'EACH772.50$ 12.009,270.00$ 0.00$0.000.00$0.00
2573.502SILT FENCE
LF1.29$ 730.00941.70$ 0.00$0.000.00$0.00
2573.530STORM DRAIN INLET PROTECTIONEACH82.40$ 40.003,296.00$ 0.00$0.000.00$0.00
2573.540FILTER LOG TYPE WOOD FIBER BIOROLLLF2.06$ 320.00659.20$ 0.00$0.000.00$0.00
2575.5022" BB RED MAPLEEACH339.90$ 3.001,019.70$ 0.00$0.000.00$0.00
2575.604MINERAL SOD, WITH 6" TOPSOILSY5.15$ 1436.007,395.40$ 0.00$0.000.00$0.00
2582.5032.5' X 6' CROSSWALK MARKING WHITE EPOXYSF4.12$ 210.00865.20$ 0.00$0.000.00$0.00
CRAWFORD ALLEY ALTERNATE A (CONCRETE)2531.5075" THICK CONCRETE PAVEMENTSY32.00$ 680.0021,760.00$ 0.00$0.000.00$0.00
TOTAL PROJECT COST
1,033,858.22
$ $0.00$39,177.37
2013 Falcon Heights PMP
Page 2 of 2
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve Amendment to Lawful Gambling Ordinance
Description
Recently, Staff was presented with a lawful (charitable) gambling request from the
Lions Club to conduct lawful gambling at Stout’s Pub. Through this process staff
and city attorney, Roger Knutson discovered that the ordinance currently in our
city’s code is outdated and does not conform to current practices. City Attorney
revised the ordinance to conform to recommended language from the League of
MN Cities.
Budget Impact N/A
Attachment(s) Lawful Gambling Ordinance 13-03
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the amendments to
the Lawful Gambling Ordinance 13-03.
Meeting Date June 12, 2013
Agenda Item Policy G1
Attachment Lawful Gambling Ordinance 13-03
Submitted By Michelle Tesser, Assistant to the City
Administrator
Families, Fields and Fair
__________________________
ORDINANCE NO. 13-03
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE REGULATING THE CONDUCT OF LAWFUL
GAMBLING WITHIN THE CITY OF FALCON HEIGHTS, MINNESOTA
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1. Section 30-4 of the Falcon Heights City Code is amended to provide as follows:
Sec. 30-4 Regulating the Conduct of Lawful Gambling
(a) PURPOSE
The purpose of this section is to regulate lawful gambling within the City of
Falcon Heights, to prevent its commercialization, to insure the integrity of
operations, and to provide for the use of net profits only for lawful purposes.
(b) ADOPTION OF STATE LAW BY REFERENCE
The provisions of Minn. Stat. Ch. 349, as they may be amended from time to
time, with reference to the definition of terms, conditions of operation,
provisions relating to sales, and all other matters pertaining to lawful gambling
are hereby adopted by reference and are made a part of this section as if set out
in full. It is the intention of the Council that all future amendments of Minn.
Stat. Ch. 349 are hereby adopted by reference or referenced as if they had been
in existence at the time this section was adopted.
(c) DEFINITIONS
In addition to the definitions contained in Minn. Stat. § 349.12, as it may be
amended from time to time, the following terms are defined for purposes of this
section:
LICENSED ORGANIZATION, as used in this section, means an organization
licensed by the Board.
LOCAL PERMIT, as used in this section, means a permit issued by the city.
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TRADE AREA, as used in this section, means the corporate limits of the City and
each contiguous city.
(d) APPLICABILITY
This section shall be construed to regulate all forms of lawful gambling within
the city except bingo conducted within a nursing home or a senior citizen
housing project or by a senior citizen organization if the prizes for a single bingo
game do not exceed Ten Dollars ($10), total prizes awarded at a single bingo
occasion do not exceed Two Hundred Dollars ($200), no more than two (2)
bingo occasions are held by the organization or at the facility each week, only
members of the organization or residents of the nursing home or housing project
are allowed to play in a bingo game, no compensation is paid for any persons
who conduct the bingo, and a manager is appointed to supervise the bingo.
(e) LAWFUL GAMBLING PERMITTED
Lawful gambling is permitted within the city provided it is conducted in
accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended
from time to time; Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended
from time to time; and this section.
(f) COUNCIL APPROVAL
Lawful gambling shall not be conducted unless approved by the Council, subject
to the provisions of this section and state law.
(g) APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS
(1) Any organization seeking to obtain a premises permit from the
Board shall file with the City Clerk an executed, complete duplicate
application, together with all exhibits and documents accompanying the
application as will be filed with the Board.
(2) Upon receipt of an application for issuance of a premises permit, the
City Clerk shall transmit the application to the Chief of Police for review
and recommendation.
(3) The Chief of Police shall investigate the matter and make the review
and recommendation to the City Council as soon as possible, but in no
event later than forty-five (45) days following receipt of the notification
by the city.
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(4) The applicant shall be notified in writing of the date on which the
Council will consider the recommendation.
(5) The Council shall receive the police chief’s report and consider the
application within forty-five (45) days of the date the application was
submitted to the City Clerk.
(6) The Council shall by resolution approve or disapprove the
application within sixty (60) days of receipt of the application.
(7) The Council may deny an application for issuance or renewal of a
premises permit for any of the following reasons:
a. Violation by the gambling organization of any state statute,
state rule, or city section relating to gambling within the last three
(3) years.
b. Violation by the on-sale establishment or organization leasing
its premises for gambling of any state statute, state rule, or city
section relating to the operation of the establishment, including,
but not limited to, laws relating to alcoholic beverages, gambling,
controlled substances, suppression of vice, and protection of
public safety within the last three (3) years.
c. Lawful gambling would be conducted at premises other than
those for which an on-sale liquor license has been issued.
d. An organization would be permitted to conduct lawful
gambling activities at more than one (1) premises in the city.
e. More than one licensed organization would be permitted to
conduct lawful gambling activities at one (1) premises.
f. Operation of gambling at the site would be detrimental to
health, safety, and welfare of the community.
Otherwise, the Council may pass a resolution approving the
application.
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(h) LOCAL PERMITS
(1) No organization shall conduct lawful gambling excluded or
exempted from state licensure requirements by Minn. Stat. § 349.166, as
it may be amended from time to time, without a valid local permit. This
section shall not apply to lawful gambling exempted from local
regulation by Section 30-4(d).
(2) Applications for issuance or renewal of a local permit shall be on a
form prescribed by the city. The application shall contain the following
information:
a. Name and address of the organization requesting the permit.
b. Name and address of the officers and person accounting for
receipts, expenses, and profits for the event.
c. Dates of gambling occasion for which permit is requested.
d. Address of premises where event will occur.
e. Copy of rental or leasing arrangement, if any, connected with
the event, including rent to be charged to the organization.
f. Estimated value of prizes to be awarded.
(3) Upon receipt of an application for issuance or renewal of a local
permit, the City Clerk shall transmit the notification to the Chief of
Police for review and recommendation.
(4) The Chief of Police shall investigate the matter and make review
and recommendation to the City Council as soon as possible, but in no
event later than 45 days following receipt of the notification by the city.
(5) The applicant shall be notified in writing of the date on which the
Council will consider the recommendation.
(6) The Council shall receive the public safety department’s report and
consider the application within 45 days of the date the application was
submitted to the City Clerk.
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(7) The Council may deny an application for issuance or renewal of a
premises permit for any of the following reasons:
a. Violation by the gambling organization of any state statute,
state rule, or city section relating to gambling within the last three
(3) years.
b. Violation by the on-sale establishment, or organization
leasing its premises for gambling, of any state statute, state rule,
or city section relating to the operation of the establishment,
including, but not limited to, laws relating to the operation of the
establishment, laws relating to alcoholic beverages, gambling,
controlled substances, suppression of vice, and protection of
public safety within the last three (3) years.
c. The organization has not been in existence in the city for at
least three (3) consecutive years prior to the date of application.
d. The organization does not have at least thirteen (13) active
and voting members.
e. Exempted or excluded lawful gambling will not take place at
a premises the organization owns or rents.
f. Exempted or excluded lawful gambling will not be limited to a
premises for which an on-sale liquor license has been issued.
g. An organization will have a permit to conduct exempted or
excluded lawful gambling activities on more than one (1)
premises in the city.
h. More than one (1) licensed, qualified organization will be
conducting exempted or excluded lawful gambling activities at
any one (1) premises.
i. Failure of the applicant to pay the permit fee provided by
subdivision 3 within the prescribed time limit.
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j. Operation of gambling at the site would be detrimental to
health, safety, and welfare of the community.
Otherwise the Council may approve the application.
(8) Local permits shall be valid for one (1) year after the date of
issuance unless suspended or revoked.
(i) REVOCATION AND SUSPENSION OF LOCAL PERMIT
(1) A local permit may be revoked or temporarily suspended for a
violation by the gambling organization of any state statute, state rule, or
city section relating to gambling.
(2) A local permit shall not be revoked or suspended until written notice
and an opportunity for a hearing have first been given to the permitted
person. The notice shall be personally served or sent by certified or
registered mail. If the person refuses to accept notice, notice of the
violation shall be served by posting it on the premises. Notice shall state
the provision reasonably believed to be violated and shall also state that
the permitted person may demand a hearing on the matter, in which case
the permit will not be suspended until after the hearing is held. If the
permitted person requests a hearing, the Council shall hold a hearing on
the matter at least one week after the date on which the request is made.
If, as a result of the hearing, the Council finds that an section violation
exists, then the Council may suspend or revoke the permit.
(j) LICENSE AND PERMIT DISPLAY
All permits issued under state law or this section shall be prominently displayed
during the permit year at the premises where gambling is conducted.
(k) NOTIFICATION OF MATERIAL CHANGES TO APPLICATION
An organization holding a state-issued premises permit or a local permit shall
notify the city within ten (10) days in writing whenever any material change is
made in the information submitted on the application.
(l) LOCAL GAMBLING TAX
(1) A local gambling tax of three percent (3%) per year is imposed on
the gross receipts of a Licensed Organization from all lawful gambling
less prizes actually paid out by the Licensed Organization.
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(2) The tax shall be paid by the Licensed Organization on a monthly
basis and shall be reported on a copy of the monthly gambling activity
summary and tax return filed with the Minnesota Department of
Revenue. The report shall be an exact duplicate of the report filed with
the Department, without deletions or additions, and must contain the
signatures of organization officials as required on the report form.
(3) The tax return and payment of the tax due must be postmarked, or, if
hand-delivered, received in the office of the City Clerk, on or before the
last business day of the month following the month for which the report
is made.
(4) An incomplete tax return will not be considered timely filed unless
corrected and returned by the due date for filing.
(5) Interest shall be charged at a rate of eight percent (8%) on all
overdue taxes owed by the organization under this Section.
(m) CONTRIBUTION OF NET PROFITS TO FUND ADMINISTERED
BY CITY
(1) Each organization licensed to conduct lawful gambling within the
city pursuant to Minn. Stat. § 349.16, as it may be amended from time to
time, shall contribute ten percent (10%) of its net profits derived from
lawful gambling in the city to a fund administered and regulated by the
city without cost to the fund. The city shall disburse the funds for
charitable contributions as defined by Minn. Stat. § 349.12, subd. 7a, as it
may be amended from time to time.
(2) Payment under this section shall be made on the last day of each
month.
(3) The city’s use of such funds shall be determined at the time of
adoption of the city’s annual budget or when the budget is amended.
(n) DESIGNATED TRADE AREA
(1) Each organization licensed to conduct gambling within the city shall
expend seventy five percent (75%) of its lawful purpose expenditures on
lawful purposes conducted within the city’s Trade Area.
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(2) This section applies only to lawful purpose expenditures of gross
profits derived from gambling conducted at a premises within the city’s
jurisdiction.
(o) RECORDS AND REPORTING
(1) Organizations conducting lawful gambling shall file with the city
clerk one copy of all records and reports required to be filed with the
Board, pursuant to Minn. Stat. Chapter 349, as it may be amended from
time to time, and rules adopted pursuant thereto, as they may be amended
from time to time. The records and reports shall be filed on or before the
day they are required to be filed with the Board.
(2) Organizations licensed by the Board shall file a report with the city
proving compliance with the trade area spending requirements imposed
by this Section. Such report shall be made on a form prescribed by the
city and shall be submitted annually.
SECTION 2. EFFECTIVE DATE
This ordinance is effective immediately upon passage.
ADOPTED this ______ day of _______________, 2013, by the City Council of Falcon Heights,
Minnesota.
CITY OF FALCON HEIGHTS
BY: _________________________________________
Peter Lindstrom, Mayor
ATTEST:
_____________________________________
Bart Fischer, City Administrator/Clerk
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