HomeMy WebLinkAbout12/10/14 AgendaCITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 10, 2014
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ____ HARRIS ____
LONG ____ MERCER-TAYLOR ____ BROWN THUNDER____
STAFF PRESENT: FISCHER ____
C. PRESENTATIONS:
D. APPROVAL OF MINUTES: November 12, 2014
E. PUBLIC HEARINGS:
1. 2015 Budget Presentation
F. CONSENT AGENDA:
1.General Disbursements through 12/4/2014: $308,165.45
Payroll through 11/30/2014: $27,697.77
2. Approval of City Licenses
3. Appointment of Prosecuting Attorney
4. Appointment of City Attorney
5. Appointment of City Engineer
6. Appointment of City Auditor
7. Designation of Official Newspaper
8. 2015 Cost of Living Adjustments
9. Community Development Coordinator 6 Month Employee Step Adjustment
10. Employee Salary Adjustment – Maintenance Worker
11. Appointment of Deputy Clerk/Recreation Supervisor
12. Recognition of 2014 Adopt-A-Crop Participants
13. 2015 Housing Resource Center Consultant Services Agreement
14.Year End Budget Ammendments
15.Feasibility Report addition for the 2015 PMP
16. Approval of the 2015 NYFS Agreement
17. MPCA Grant Application
18. Approval of Payment #7 for 2013 PMP
19. Approval of Payment for 2014 CIPP Sewer Lining Project
G: POLICY ITEMS:
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT:
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
November 12, 2014
7:00 p.m.
A. CALL TO ORDER: 7:04 p.m.
B. ROLL CALL: LINDSTROM __X__ BROWN THUNDER __X__ HARRIS __X__
LONG _X___ MERCER-TAYLOR _X___
STAFF PRESENT: FISCHER _X___
C. PRESENTATIONS:
D. APPROVAL OF MINUTES: October 22, 2014 Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA: Harris, Approved 5-0
1. General Disbursements through 11/07/2014: $176,673.37
Payroll through 10/29/2014: $14,691.28
2. Approval of City Licenses
3. Approval of Cable Television Franchise Ordinance Amendment and the Transfer
Resolution.
4. Budget amendment to General Fund and Transfer of Funds to fund the budget
increases. Also, amendments and transfer of funds to debt service funds in regards
to levy for 2015.
5. Charitable / Lawful Gambling License for Falcon Heights Elementary PTA
6. Noise Ordinance
7. Coal Tar Sealant Ordinance
8. SCORE Grant Application Authorization
Council Member Long moved to remove #6 (Noise Ordinance) from the Consent Agenda, table
the item and have the Planning Commission discuss and make a future recommendation to
Council. Long, Approved 5-0
G. POLICY ITEMS:
H. INFORMATION/ANNOUNCEMENTS:
Beth Mercer-Taylor:
-Announced the annual University Grove Association meeting Thursday, November 13,
2014, 7:30 pm at City Hall.
-Announced the Sustainability Fair next Thursday, November 20th from 5:30pm-8:00pm
at Silverwood Park in St Anthony, MN.
Pam Harris:
-Announced the Planning Commission meeting for November was cancelled.
Chuck Long:
-Announced the Parks Commission meeting for November was cancelled.
-Provided an update on the recent Human Rights Commission meeting.
-Announced the upcoming Human Rights Commission event at City Hall on Monday,
December 8, 2014 to include a human rights video screening.
Joe Brown Thunder:
-Announced his upcoming meeting with Jerry Hromatka of Northeast Youth and Family
Services (NYFS).
Pete Lindstrom:
-Provided an update on the recent Campus Community Advisory Committee meeting.
Bart Fischer:
-Announced that due to weather and construction project timing, there will be no
hockey rink at Curtiss Field this season but weather depending there will be pleasure
rinks at Curtiss Field and Grove Park.
-Announced November 26, 2014, City Council meeting has been canceled.
I. COMMUNITY FORUM:
J. ADJOURNMENT: 7:26 p.m.
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item 2015 Budget Hearing and Adoption
Description Each year the City Council is required to adopt a budget and tax levy to fund City
operations. This action must be completed before the end of the year, and the
adopted levy is then provided to Ramsey County so they can produce property tax
statements for each parcel in the County. On September 10th, the City Council
adopted a preliminary levy and established December 10th as the date at which the
public would be given an opportunity to address the Council about the proposed
budget and tax levy.
Before the Council is a proposed property tax levy of $1,083,850 and a General Fund
Budget of $1,877,165. The levy and budget with a comparison to previous years is
detailed below:
2013 Levy 2014 Levy Proposed 2015
Levy
% Increase
(Decrease)/
2014 to 2015
Ad Valorem $1,008,302 $944,570 1,014,116 7%
Debt Service $75,705 $139,280 69,734 (-49%)
Total $1,084,007 $1,083,850 $1,083,850 0%
2013 General
Fund Budget
2014 General
Fund Budget
Proposed 2015
General Fund
Budget
% Increase
2014 to 2015
$1,724,310 $1,779,118 1,877,165 5.5%
The impact of this proposed levy on a median valued home, which in 2015 is
assessed at $251,500 (11.8% increase over 2014), is estimated to result in an increase
of $41, in the City portion of the homeowner’s taxes.
A full presentation with more details will be presented at the City Council meeting
Meeting Date December 10, 2014
Agenda Item Public Hearing E1
Attachment Budget Introduction Letter
Resolutions 14-22 and 14-23
Due to the size and cost of printing the
2015 Budget, the document is available
on the City’s website:
www.falconheights.org or at City Hall
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
and will be available on the City’s website. In addition, attached to this report is the
budget cover letter which goes into more detail about specific budget line items,
factors influencing the proposed budget, and historical information.
Budget Impact This budget preserves the core functions of the City’s current operations.
Attachment(s) Budget Introduction Letter
Resolutions 14-22 and 14-23
Due to the size and cost of printing the 2015 Budget, the document is available on the
City’s website: www.falconheights.org and at City Hall.
Action(s)
Requested
Staff recommends that the Falcon Heights City Council hold a public hearing and
receive comment. Once the hearing is closed, staff recommends that the City
Council adopt Resolution 14-22 regarding the 2015 tax levy and adopt Resolution 14-
23 regarding the 2015 City of Falcon Heights Budget.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 10, 2014
No. 14-22
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RESOLUTION ADOPTING THE 2015 TAX LEVY
BE IT RESOLVED that the City Council of the City of Falcon Heights authorizes the
City to levy taxes in the amount of $1,083,850 for the year 2015; and
BE IT FURTHER RESOLVED that the County Auditor should extend the tax levy in the
amount of $1,083,850 for the year 2015.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
December 10, 2014
_____ In Favor Attested by: _________________________
Bart Fischer
City Administrator
December 10, 2014
LINDSTROM
HARRIS
LONG
MERCER-TAYLOR
BROWN THUNDER _____ Against
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 10, 2014
No. 14-23
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RESOLUTION ADOPTING THE 2015 BUDGET
BE IT RESOLVED by the City Council of the City of Falcon Heights that the General
Fund Operating Budget for the year 2015 in the amount of $1,877,165 and other Fund
Budgets as listed are adopted.
Park Program Fund (201) $71,657
Community Garden (203) $4,000
Water Fund (204) $11,616
Emerald Ash Borer $105,134
Recycling Fund (206) $134,802
Community Development Fund (208) $15,780
Street Light Utility (209)$36,680
GO Equipment Cert. Series 2010A $39,030
GO Improvement Cert. Series 2013A (311) $71,550
GO Equipment Cert. Series 2013B (312) $44,597
General Capital Improvements (401) $23,180
Public Safety Capital (402) $69,180
Parks Recreation/Public Facilities Capital (403) $58,180
TIF District # 1-2 (412)$993
TIF District #1-3 (414) $228,680
Infrastructure Capital (419) $999,180
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
December 10, 2014
____ In Favor Attested by: _________________________
Bart Fischer
City Administrator
December 10, 2014
LINDSTROM
HARRIS
LONG
MERCER-TAYLOR
BROWN THUNDER ____ Against
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item General Disbursements and Payroll
Description General Disbursements through 12/4/2014: $308,165.45
Payroll through 11/30/2014: $27,697.77
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 December 10, 2014
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 Contractor’s License for
2014. Staff has received the necessary documents for licensure.
1.Titan Heating & Cooling Inc
2.Air Rite Heating & AC Inc
The following individuals have applied for a Municipal Business License for 2015.
Staff has received the necessary documents for licensure.
1.H1 HH MN Inc. dba Honest-1 AutoCare Hamline Hoyt Street
2.Parents United for Public Schools
3.Awad Eye Care, LLC
4.Har Mar Lock & Service
5.Warners’ Stellian
6.Hair Designs Unlimited
7.Association of Metropolitan School Districts
8.Peterson Dental
The following individual has applied for a Tree Trimming/Treating/Removal
Contractor’s License for 2015. Staff has received the necessary documents for
licensure.
1.Northern Arborists
The following individual has applied for a Therapeutic Massage License for 2015.
Staff has received the necessary documents for licensure.
1.Hair Designs Unlimited
The following individuals have applied for a Restaurant and Liquor License for
2015. Staff has received the necessary documents for licensure.
1. Chateau Fromage, LLC dba The Underground Music Café
2.Stout’s Pub, LLC
3.Dino’s Gyros
Budget Impact N/A
Attachment(s) N/A
Meeting Date December 10, 2014
Agenda Item Consent F2
Attachment N/A
Submitted By Tim Sandvik, Administrative
Coordinator
Families, Fields and Fair
__________________________
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the 2014 and 2015
City License Applications.
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Designation of 2015 Prosecuting Attorney
Description Each year the City of Falcon Heights designates a prosecuting attorney. This person
works closely with the St. Anthony Police Department and City Staff in prosecuting
all misdemeanor and felony level offenses as well as Ordinance Violations. For
several years our prosecuting attorney has been Katrina Joseph. She also serves as
the attorney for the City of Lauderdale.
Budget Impact Funds have been allocated in the 2015 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve Katrina Joseph and
the law firm of Hughes and Costello as the City’s prosecuting attorneys for 2015.
Meeting Date December 10, 2014
Agenda Item Consent F3
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Appointment of City Attorney
Description Falcon Heights has used the law firm of Campbell Knutson, P.A. for Civil Attorney
services for many years. Roger Knutson is the main contact, but the City uses
various attorneys in the firm for our daily needs.
Budget Impact Funds have been allocated in the 2015 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the law firm of
Campbell Knutson, P.A. for civil legal services for 2015.
Meeting Date December 10, 2014
Agenda Item Consent F4
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Appointment of City Engineer
Description For several years the City has contracted with the City of Roseville for engineering
services. Staff is seeking to continue this relationship and appoint Roseville’s City
Engineer, Marc Culver, as the City Engineer for 2015.
Budget Impact Funds have been allocated in the 2015 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends the approval of Marc Culver and the City of Roseville
Engineering Department as City of Falcon Heights’ Engineer for 2015.
Meeting Date December 10, 2014
Agenda Item Consent F5
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Appointment of City Auditor
Description Each year the City is required to have an independent firm audit our financial
records. For the past several years, we have used Kern-DeWenter-Viere as our
auditors, and we have been very satisfied with their services.
Budget Impact Funds have been allocated in the 2015 Budget.
Attachment(s)
Action(s)
Requested
Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City Auditor
for 2015.
Meeting Date December 10, 2014
Agenda Item Consent F6
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Designation of Official Newspaper
Description State statute requires that a city designate a legal newspaper of general circulation
in the city. This newspaper is used when the city is required to publish legal
notification regarding public hearings, elections and city financial matters. There
are two local papers that service Falcon Heights: the Park Bugle and the Roseville
Review.
Staff recommends that the City designate the Roseville Review as its legal
newspaper in 2014 for the following reasons.
•The Roseville Review circulates to most households in Falcon Heights.
•The Roseville Review is a weekly publication. A monthly publication such as
The Park Bugle would not suit the City’s needs, as the City Council meets twice
a month and legal notices must be published on a more timely schedule.
Budget Impact Funds have been allocated in the 2015 Budget for any costs associated with public
notices.
Attachment(s) N/A
Action(s)
Requested
Designate the Roseville Review as the City’s legal newspaper for 2015.
Meeting Date December 10, 2014
Agenda Item Consent F7
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item 2015 Cost of Living Adjustments (COLA)
Description As part of the 2015 Budget process, employee salaries are adjusted based on various
factors, one of which is a cost-of-living adjustment (COLA). Incorporated into the
approved 2015 Budget is a 3% increase for all employees including the City
Administrator.
Budget Impact The 3% COLA is incorporated into the approved 2015 Budget.
Attachment(s)
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve a 3% cost of living
adjustment for all city employees for 2015 as reflected in the approved 2015 Budget.
Meeting Date December 10, 2014
Agenda Item Consent F8
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item 6 Month Employee Step Adjustment
Description Chelsea Petersen, Community Development Coordinator, will soon be completing
her first 6 months on the job. It is the practice of the City to reward 6 month
employees with a 5% step increase in their base salary.
Budget Impact The 2014 Budget includes funds for this step adjustment.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve a 5% step increase
for Chelsea Petersen effective December 26, 2014.
Meeting Date December 10, 2014
Agenda Item Consent F9
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Public Works Employee Salary Adjustment
Description As part of the budget process, employee salaries are adjusted based on various
factors. Public Works Director Tim Pittman has pointed out that due to the
increased amount of jobs and duties his department has taken on internally and the
additional responsibilities he has placed on Public Works Employee Colin Callahan,
the pay of Colin is out of line with what a Public Works Employee with his tenure at
the City should be at.
It is staff’s recommendation that Colin Callahan’s pay be brought in line with his
new responsibility level, tenure with the City and fellow Public Works employee.
Budget Impact This adjustment will be able to be absorbed in the budget without major
amendments.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve adjusting Public
Work’s Employee Colin Callahan’s pay to $54,760 bringing him more in line with
his fellow Public Works Employee, tenure with the City and increased
responsibility level, effective January 1, 2015.
Meeting Date December 10, 2014
Agenda Item Consent F10
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Appointment of Deputy Clerk/Recreation Supervisor
Description With the recent resignation of a staff member, a full-time position is presently open.
Present Part –Time Administrative Coordinator Tim Sandvik has the previous
experience and has proven himself to be capable to take over the duties associated
with the position of Deputy Clerk/Recreation Supervisor. Tim also fits well in the
office culture and works well with fellow staff members.
It is staff’s recommendation that Council appoint Tim Sandvik as the Deputy
Clerk/Recreation Supervisor.
Budget Impact As this is an appointment to an existing budgeted position, it is budgeted for in the
2014 and 2015 Budgets.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council appoint Tim Sandvik to the
position of Deputy Clerk/Recreation Supervisor.
Meeting Date December 10, 2014
Agenda Item Consent F11
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Description Recognition of 2014 Adopt-A-Crop Participants
Background For the past several years, residents of Falcon Heights and surrounding
communities have donated excess home-grown produce to City Hall. The produce
is then taken by City staff to Keystone Community Food Shelf in Roseville where it
is distributed to families facing economic crisis in Ramsey County. This year’s
donations included squash, tomatoes, apples, peppers, leeks, herbs, and many
others, and were brought in by the following individuals:
Tom Staffa
Lois Braun
Linda Pope
Deb Alexander
Sara Tinetti
Patrick Fischer
Geetha Kandimalla
TOTAL POUNDS - 1675
A special thanks to Tom and Kathy Staffa who donated 1436 pounds!
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
No action is required. This is being provided simply as an update to the Council
and to provide recognition of the people who generously donated to this cause.
Meeting Date December 10, 2014
Agenda Item Consent F12
Attachment N/A
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item 2015 Housing Resource Center Consultant Services Agreement
Description The City of Falcon Heights has historically partnered with the Housing Resource
Center (HRC) so that our residents have access to resources such as Ramsey County
loan funds, scope of service/bid preparation, contractor lists, and numerous other
services. The annual cost of this contract continues to be $2,000. The draft 2015
Consultant Services Agreement is attached to this report.
Budget Impact The $2,000 cost associated with this contract is included in the draft 2015 operating
budget.
Attachment(s) 2015 Consultant Services Agreement
Action(s)
Requested
Staff recommends that the Falcon Heights City Council adopt the attached 2015
Consultant Services Agreement with the Greater Metropolitan Housing
Corporation.
Meeting Date December 10, 2014
Agenda Item Consent F13
Attachment 2015 Consultant Services Agreement
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
CONSULTANT SERVICES AGREEMENT
THIS IS AN AGREEMENT entered into the _____ day of ________, 20__, by and
between the City of Falcon Heights, a Minnesota municipal corporation, (“the City”), and
GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit
corporation (“Consultant”).
RECITALS
A. The Consultant has a division called The Housing Resource Center (“HRC”).
GMHC has agreed to provide certain Services through HRC (as defined below) in connection
with the City’s housing program.
B. The City desires to hire the Consultant to render this technical, professional, and
marketing assistance in connection with housing programs in the City for the term as set forth in
this Agreement.
C. Consultant is willing to provide such services on the terms and conditions set
forth herein.
In consideration of the foregoing recitals and following terms, conditions and mutual
promises contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall provide services as follows (the
“Services”):
b. Administer the following home improvement programs for residents of the City
of Falcon Heights: MHFA Fix Up Fund, the MHFA Rental Rehab Program, the
MHFA Emergency and Accessibility Program (collectively the “MHFA
Programs”):
1. Providing information to residents and property owners about the
programs, upon request;
2. Assist the City in developing procedures for the programs;
3. Receipt of applications from residents;
4. Processing applications;
5. Closing loans to qualified applicants in accordance with the applicable
program;
6. Overseeing the draw process for the funds, including, as necessary,
reviewing draws, reviewing the progress of the work and collecting lien
waivers and certificates of occupancy. Consultant may, for this purpose,
rely on third-party representations and certifications.
7. Provide monthly reports about the number of loans closed and the balance
in each loan program.
fb.us.3166730.04 1
c. Assist City residents considering rehabilitation, including property visits, meet
with homeowners and potential contractors, suggest alternatives for rehabilitation
to homeowners, educate homeowners on the construction bid process, assist
homeowners to evaluate bids and work completed and construction progress.
d. Provide HRC housing information to City residents, including information on
emergency assistance, housing rehabilitation, first time homebuyers and limited
rental information;
e. Assist the City in developing programs to purchase and rehabilitate homes;
f. Coordinate these services out of Consultant’s Housing Resource Center, 1170
Lepak Court, Shoreview, MN 55126; and
g. Have Consultant’s staff visit residences as determined necessary by Consultant.
2. Term. This Agreement shall be in full force and effect from January 1, 2015 and
shall continue through December 31, 2015, unless otherwise terminated as set forth below.
3. Compensation. For services provided under this Agreement, the City shall pay to
the Consultant Two Thousand Dollars ($2,000.00) within thirty (30) days after execution of this
Agreement.
The Consultant shall receive compensation for administering the MHFA Programs directly from
the Minnesota Housing Finance Agency and not from the City.
4. Termination. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any
time in which case the parties shall agree to the amount of fees payable to
Consultant.
b. The City may terminate this Agreement upon the breach by Consultant of any of
its material covenants contained herein, where such breach shall have continued
for a period of thirty (30) days following the receipt by Consultant of a written
notice from the City, specifying the alleged breach; provided, however, if the
nature of a non-monetary breach is such that Consultant cannot reasonably cure
same in the thirty (30) day period, Consultant shall not be deemed to be in breach
if it commences to cure within the thirty (30) day period, and diligently pursues
same to completion within ninety (90) days following receipt by Consultant of
such written notice. In the event of termination by the City hereunder, Consultant
shall be entitled to fees due to the date the notice of breach is sent by the City.
c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy
(ii) files a voluntary petition for reorganization under any bankruptcy law, statute
fb.us.3166730.04 2
or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
(iv) makes an assignment for the benefit of creditors or applies for or consents to
the appointment of a receiver or trustee as part of or in conjunction with a
“creditor plan” with respect to any substantial part of its assets, or (v) a receiver or
trustee is appointed, or an attachment or execution levied with respect to any
substantial part of its assets, and said appointment is not vacated, or the
attachment or execution not released, within sixty (60) days, then this Agreement
shall, effective as of such date, without notice or further action by either party,
immediately terminate.
d. Consultant may terminate this Agreement upon the breach by City of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by City of a written notice from
Consultant, specifying the alleged breach; provided, however, if the nature of a
non-monetary breach is such that City cannot reasonably cure same in the thirty
(30) day period, City shall not be deemed to be in breach if it commences to cure
within the thirty (30) day period, and diligently pursues same to completion
within ninety (90) days following receipt by City of such written notice. In the
event of termination by Consultant hereunder. Consultant shall be entitled to
retain the entire fee under this Agreement.
5. Insurance.
a. During the term of this Agreement, the Consultant shall obtain and maintain
workers compensation, comprehensive general liability, and automobile liability
insurance. Comprehensive general liability insurance shall have an aggregate
limit of Two Million Dollars ($2,000,000.00).
b. Upon request by the City, the Consultant shall provide a certificate or certificates
of insurance relating to the insurance required. Such insurance secured by the
Contractor shall be issued by insurance companies licensed in Minnesota. The
insurance specified may be in a policy or policies of insurance, primary or excess.
c. Such insurance shall be in force on the date of execution of an Agreement and
shall remain continuously in force for the duration of the Agreement.
6. Indemnification.
a. Notwithstanding anything to the contrary in this Agreement, the City, its officers,
agents, and employees shall not be liable or responsible in any manner to the
Consultant, the Consultant’s successors or assigns, the Consultant’s subcontractors,
or to any other person or persons for any third party claim, demand, damage, or
cause of action of any kind, nature, or character, including intentional acts, arising
out of or by reason of the performance of this Agreement by Consultant. The
Consultant, and the Consultant’s successors or assigns, agree to protect, defend and
save the City, and its officers, agents, and employees, harmless from all third party
fb.us.3166730.04 3
claims, demands, damages, and causes of action, to the extent caused by the
negligence or wrongful acts of Consultant, and the costs, disbursements, and
expenses of defending the same, including but not limited to, attorneys fees,
consulting services, and other technical, administrative or professional assistance.
b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation of any immunity or limitation on liability to which the City is entitled
under Minnesota Statutes, Chapter 466, or otherwise.
7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in
whole or in part without the prior written approval of the City.
8. Conflict of Interest. The Independent Contractor shall use best efforts to meet
all professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the Independent Contractor, with the prior
written consent of the City, shall arrange for suitable alternative services.
9. Compliance with Laws. The Consultant shall comply with all applicable
Federal, State, and local laws, rules, ordinances, and regulations at all times and in the
performance of the services pursuant to this Agreement.
10. Notices. Any notices permitted or required by this Agreement shall be deemed
given when personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Consultant: Greater Metropolitan Housing Corporation
15 South 5th Street, Suite 710
Minneapolis, MN 55402
ATTN: Suzanne Snyder
City: City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
11. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and the
Consultant, and supersedes any other written or oral agreements between the City and the
Consultant. This Agreement can only be modified in writing signed by the City and the
Consultant.
12. Third Party Rights. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
fb.us.3166730.04 4
13. Counterparts. This Agreement may be signed in one or more counterparts but
all of which taken together shall constitute one instrument.
14. Choice of Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
15. Agreement Not Exclusive. The City retains the right to hire other housing program
consultants, in the City’s sole discretion.
16. Data Practices Act Compliance. Data provided to the Consultant or created by
the Consultant under this Agreement shall be administered in accordance with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended.
[Signature Page Follows]
fb.us.3166730.04 5
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement on the respective dates indicated below.
CITY:
CITY OF FALCON HEIGHTS
By:
Its: Mayor
Date: ____________________, 20__.
By: _________________________________
Its: City Administrator
Date: ____________________, 20__.
CONSULTANT:
GREATER METROPOLITAN HOUSING CORPORATION
By:
Its: President
Date: ____________________, 20__.
fb.us.3166730.04 6
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Budget amendments for year end.
Description Sometimes, at the end of the year, budget amendments need to be made to improve
the financial statements for year end. Staff recommends the following
amendments:
GO Equipment Certificates (306). Additional arbitrage expenses occurred since the
debt was over three years old. Recommend increasing the Bond fees by $3,500.
Exp: 306-4306-94900 $3,500
General Capital (401). The city made capital improvements to city hall with its
remodeling project. Recommend increasing the Furniture and Equipment budget
by $8000.
Exp: 401-4401-90100 for $8,000
Public Safety (402). During 2013, discussions started about the city purchasing a
new fire truck. This truck was to be built for the city in 2014. Additional equipment
items during the construction process were as yet to be determined. It was decided
to wait until the final costs were known to establish the budget line items.
Recommend establishing the Fire truck expenditure line item with a budget of
$755,000 and increasing the Machinery and Equipment expenditure line item by
$10,000.
Exp: 402-4402-91000 for $10,000
402-4402-91200 for $755,000
Tif District # 1-2 (412). Additional financial reporting expense occurred with Ehlers
and Associates during 2014. Recommend increasing the Other Professional Svcs by
$5,000.
Exp: 412-4412-81900 for $5,000
Tif District #1-3 (414). Additional tax increments are expected in 2014. This is a pay
as you go district. Recommend increasing both the revenue and expenditure line
items by $10,000.
Meeting Date December 10, 2014
Agenda Item Consent F14
Attachment
Submitted By Roland Olson, Finance Director
Families, Fields and Fair
__________________________
Rev: 414-30113 for $10,000 Exp: 414-4414-93000 for $10,000
Budget Impact Establish and amend budget line item amounts as listed above.
Attachment(s) NA
Action(s)
Requested
Staff recommends establishing and amending the budget line items as
recommended above. These are basic bookkeeping entries to improve the financial
statements for end of year.
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Order Feasibility Report for the 2015 Pavement Management Program- addition of
Garden Avenue from Albert Street to Hamline Avenue
Description On September 10, 2014, the City Council approved Resolution 14-16 directing staff
to prepare a feasibility report for the following streets:
•Roselawn Avenue, from Snelling Avenue to Fairview Avenue
•East Snelling Service Drive, from Roselawn Avenue to Crawford Avenue
•West Snelling Service Drive, from Roselawn Avenue to BP gas station
•Garden Avenue, from Snelling Avenue to Albert Street
Staff has begun preliminary analysis, and has determined that the limits of the
project should be extended on Garden Avenue from Albert Street to Hamline
Avenue. Garden Avenue, from Holton Street to Hamline Avenue, was constructed
in 1999. Staff feels that this segment should be evaluated together. Once the
feasibility report is completed, staff will make a recommendation whether or not to
include this segment of Garden Avenue with the 2015 PMP, or to schedule
improvements for a future project.
A resolution ordering the preparation of the feasibility report for the additional
segment of Garden Avenue is attached. A portion of the 2015 PMP is proposed to be
assessed. The approval of the attached resolution is required for the Minnesota
Chapter 429 Assessment Process.
Budget Impact This project has the following financial implications for the city and property
owners along the streets being considered for maintenance:
•Assessments levied in accordance with the City’s assessment policy.
•Use of Municipal State Aid (MSA), and street infrastructure funds to pay the
City’s portion of the project.
•Expenditure of utility fund dollars to pay for repairs needed to the existing
utility system.
Attachment(s) Resolution 14-24
Action(s)
Requested
Order Preparation of the Feasibility Report for the 2015 Pavement Management
Program- addition of Garden Avenue from Albert Street to Hamline Avenue
Meeting Date December 10, 2014
Agenda Item Consent F15
Attachment Resolution 14-24
Submitted By Kristine Giga, Civil Engineer
Families, Fields and Fair
__________________________
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 10, 2014
No. 14 - 24
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -
RESOLUTION ORDERING THE PREPARATION OF FEASIBILITY REPORT FOR
THE 2015 PAVEMENT MANAGEMENT PROGRAM
WHEREAS, it is proposed to improve the following streets and alleys:
• Garden Avenue, from Albert Street to Hamline Avenue
and to assess the benefited property for all or a portion of the cost of the improvement, pursuant
to Minnesota Statutes, Chapter 429,
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights,
Minnesota:
That the proposed improvement be referred to the 2015 Pavement Management Program for
study and that the City Engineer is instructed to report to the council with all convenient speed
advising the council in a preliminary way as to whether the proposed improvement is necessary,
cost-effective, and feasible and as to whether it should best be made as proposed or in connection
with some other improvement, the estimated cost of the improvement as recommended, and a
description of the methodology used to calculate individual assessments for affected parcels.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Peter Lindstrom, Mayor
December 10, 2014
LINDSTROM ____ In Favor Attested by: ________________________
BROWN THUNDER Bart Fischer, City Administrator
HARRIS December 10, 2014
LONG ____ Against
MERCER-TAYLOR
1
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve the 2015 NYFS Agreement
Description For many years now, the City of Falcon Heights has been a partner with Northeast
Youth and Family Services (NYFS). Some of the services they provide include
senior chore services and diversion programs for youth in various law enforcement
cases. Each year the City allocates money in the general fund to help pay for these
services.
Attached is the 2015 Agreement that NYFS is asking all of their partner cities to
approve. The City Attorney has reviewed the agreement and staff is recommending
approval.
Budget Impact -2015 Contribution of $8,892 which is accounted for in the 2015 Budget.
-2014 contribution was $8,709
Attachment(s) 2015 NYFS Agreement
Action(s)
Requested
Staff recommends Council approval of the 2015 NYFS Agreement and authorization
of the Mayor and City Administrator to sign all associated documents.
Meeting Date December 10, 2014
Agenda Item Consent F16
Attachment 2015 NYFS Agreement
Submitted By Bart Fischer, City Administrator
Families, Fields and Fair
__________________________
REQUEST FOR COUNCIL ACTION
The City That Soars!
Description MPCA Grant Application Authorization
Background The City of Falcon Heights recently applied for a grant from the MPCA to assist in
the hiring of a consultant to write a Climate Action Plan. Currently the City of
Falcon Heights is very active in organizations like GreenStep Cities and Regional
Indicators and also takes on occasional projects that support the overall
sustainability and resiliency goals for the City. Having an independent Climate
Action plan would formalize these goals and give the Council and Staff a guide to
help with planning and development. The Plan could also be used in long-range
development as part of the next Comprehensive Plan update. At this time there is
no sustainability requirement for the Comprehensive Plan, but that will likely be an
addition in the future.
By taking the time to draft a Climate Action Plan now, participants in the process
will be able to devote an appropriate amount of time to the project and get a more
complete product. If this is put off and done as part of the Comprehensive Plan it
may not get the time and attention that it requires.
Upon the potential award of the grant, the Council must authorize the Mayor and
Administrator to enter into an agreement with MPCA for grant funding along with
adopting the attached resolution.
Budget Impact The total grant award is up to $3,000, with an additional $1,000 contributed by the
City of Falcon Heights to complete the project. Matching a percent of grant funds
was a requirement of the MPCA.
Attachment(s) Resolution 14-25
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the MPCA grant
application.
Meeting Date December 10, 2014
Agenda Item Consent F17
Attachment Resolution 14-25
Submitted By Chelsea Petersen, Community
Development Coordinator
Families, Fields and Fair
__________________________
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 10, 2014
No. 14-25
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO
SIGN THE ENVIRONMENTAL ASSISTANCE TIME SENSITIVE GRANT,
AND ENTER INTO AN AGREEMENT WITH MINNESOTA
POLLUTION CONTROL AGENCY FOR FUNDING
WHEREAS, the City of Falcon Heights takes part in many environmental actions and is
involved with several organizations such as GreenStep Cities and Regional Indicators
Initiatives; and
WHEREAS, the City does not currently have an internal Climate Action Plan to guide
development, planning, and policy making; and
WHEREAS, the creation of a Climate Action Plan would provide guidance to the City
and both during the Comprehensive Planning stage and on and ongoing basis;
NOW, therefore, be it resolved by the City Council of the City of Falcon Heights,
Minnesota;
The Mayor and City Administrator are authorized to enter into an agreement with
Minnesota Pollution Control Agency for funding under the Environmental Assistance
Time Sensitive Grant Program.
ADOPTED by the Falcon Heights City Council this 10th day of December, 2014.
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
December 10, 2014
LINDSTROM ____ In Favor
BROWN THUNDER Attested by:_________________________
HARRIS ____ Against Bart Fischer
LONG City Administrator
MERCER-TAYLOR December 10, 2014
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve Payment #7 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 #7 is in the amount of $25,381.44 and is a reduction in the retainage from 3% to
$5,000.
This is not a final payment. Staff is working with the contractor to resolve a surface scaling
issue on the concrete pavement at the Crawford Alley (“Falcon Crossing” alley). The cost
of the surface treatment that staff is requiring the contractor to complete is estimated at
$5,000. The City attorney recommends retaining this amount until the work is completed.
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)
•Capitol Region Watershed District cost-share
Attachment Payment #7
Action(s)
Requested
Approve Payment #7 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management
Project.
Meeting Date December 10, 2014
Agenda Item Consent F18
Attachment Payment #7
Submitted By Kristine Giga, Civil Engineer
Families, Fields and Fair
__________________________
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Page 3 of 3
REQUEST FOR COUNCIL ACTION
The City That Soars!
Item Approve Final Payment for the 2014 Cured in Place Pipe (CIPP) Sanitary Sewer Lining
Project
Description
On Apri l 23, 2014, the City Council awarded the 2014 Sanitary Sewer Lining Project to
Insituform Technologies USA, LLC of Chesterfield, Missouri. The work for this contract
was finished in September, 2014, and the contractor has requested final payment. The
proje ct consisted of 3,836 linear feet of sanitary sewer main lining in the University Grove
neighborhood.
Budget
Impact
The final contract amount, $115,976.50 is less than the original contract amount of
$134,037.00. During the project, it was discovered that some segments were PVC material,
not vitrified clay pipe. PVC pipe does not need to be lined, as roots cannot penetrate the
material. This project is being funded from the Sanitary Sewer Enterprise Fund.
Attachment Resolution
Action(s)
Requested
Approve a Resolution to accept the work completed, authorize final payment, and
commence the one -year warranty period for the 2014 Cured in Place Pipe (CIPP) Sanitary
Sewer Lining Project.
Meeting Date December 10, 2014
Agenda Item Consent F19
Attachment Resolution 14-26
Submitted By Kristine Giga, Civil Engineer
Families, Fields and Fair
__________________________
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 10, 2014
No. 14-26
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION ACCEPTING WORK COMPLETED
2014 CURED IN PLACE PIPE (CIPP) SANITARY SEWER LINING PROJECT
WHEREAS, pursuant to a written contract signed with the City on April 23, 2014,
Insituform Technologies USA, LLC, of Chesterfield, Missouri, has satisfactorily
completed the improvements associated with the Sanitary Sewer Main Lining Project
contract.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights,
Minnesota:
1. That the work completed under said contract is hereby accepted and approved;
and
2. That the City Administrator is hereby directed to issue a proper order for the
final payment of such contract, taking the contractor's receipt in full; and
3. That the one year warranty period as specified in the contract shall commence on
December 10, 2014.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by:
Peter Lindstrom
Mayor
December 10, 2014
LINDSTROM ____ In Favor Attested by:
BROWN THUNDER Bart Fischer
HARRIS ____ Against City Administrator
LONG December 10, 2014
MERCER-TAYLER