The URL can be used to link to this page

Home My WebLink AboutCity Council Packet 1-13-16CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA January 13, 2016 at 7:00 P.M. A.CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___ FISCHER ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C.PRESENTATIONS: 1. Oath of Office D. APPROVAL OF MINUTES: 1.December 9, 2015 City Council Meeting Minutes 2. December 21, 2015 Special City Council Meeting Minutes E.PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 1/06/16 $437,333.13 Payroll through: 12/31/15 $35,303.40 2.Approval of City License(s) 3. Designating Official Depositories for 2016 4.Review Elected Official Out-of-State Travel Policy 5.Review and Adopt Council Standing Rules 6.Council/City Commission Liaison Assignments 7.Appoint Acting Mayor 8.Commission Reappointments 9. Mile Reimbursement Rate for 2016 10. Approval of the 2016 NYFS Cooperative Service Agreement 11. 2016 Greater Housing Cooperative Service Agreement 12. Capitol Region Watershed District - Curtiss Field Improvement Project Final Payment 13.Hardrives-Final Pay Request G: POLICY ITEMS: 1.Snow Removal Fee H.INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J.ADJOURNMENT: REQUEST FOR COUNCIL ACTION The City That Soars! Item Oath of Office Description The oath of office is required before any elected official exercise any of their powers. The three elected are as follow: Peter Lindstrom – Mayor Joe Brown Thunder – Council Member Randy Gustafson – Council Member Tony Fischer – Council Member Option #1 “I, (name), do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (Mayor/Council Member) of the office of Falcon Height, Minnesota, to the best of my judgement and ability, so help me God.” Option #2 “I, (name), do solemnly affirm to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (Mayor/Council Member) of the office of Falcon Height, Minnesota, to the best of my judgement and ability, and this I do under the penalties of perjury.” Budget Impact N/A Attachment(s) •Oath of Office Action(s) Requested N/A Meeting Date January 13, 2016 Agenda Item Presentation C1 Attachment Oath of Office Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 1 of 119 BLANK PAGE 2 of 119 Oath of Office “I, Peter Lindstrom, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Mayor of the City of Falcon Heights, Minnesota, to the best of my judgement and ability, so help me God.” ____________________________ Peter Lindstrom, Mayor ATTEST: _________________________________ Sack Thongvanh, City Administrator 3 of 119 BLANK PAGE 4 of 119 Oath of Office “I, Joe Brown Thunder, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Council Member of the City of Falcon Heights, Minnesota, to the best of my judgement and ability, so help me God.” ____________________________ Joe Brown Thunder, Council Member ATTEST: _________________________________ Sack Thongvanh, City Administrator 5 of 119 BLANK PAGE 6 of 119 Oath of Office “I, Randy Gustafson, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Council Member of the City of Falcon Heights, Minnesota, to the best of my judgement and ability, so help me God.” ____________________________ Randy Gustafson, Council Member ATTEST: _________________________________ Sack Thongvanh, City Administrator 7 of 119 BLANK PAGE 8 of 119 Oath of Office “I, Tony Fischer, do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of Council Member of the City of Falcon Heights, Minnesota, to the best of my judgement and ability, so help me God.” ____________________________ Tony Fischer, Council Member ATTEST: _________________________________ Sack Thongvanh, City Administrator 9 of 119 BLANK PAGE 10 of 119 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES December 9, 2015 at 7:00 P.M. A. CALL TO ORDER: 7:00pm B. ROLL CALL: LINDSTROM _X__ HARRIS _X___ BROWN THUNDER _X__ LONG _X__ MERCER-TAYLOR ___ STAFF PRESENT: THONGVANH__X__ C. PRESENTATIONS: D. APPROVAL OF MINUTES: 1. October 28th, 2015 City Council Meeting Minutes Approved 2. November 10th, 2015 Canvass Board Meeting Minutes Approved 3. November 18th, 2015 City Council Meeting Minutes Approved E. PUBLIC HEARINGS: 1. 2015 Truth in Taxation and Budget Presentation • The overall levy has increased by $299,109 since 2004. Police and dispatching services have increased $235,146 since 2004, an average of $19,595 per year. The median value home for 2016 is $247,700, equating to a $45 increase in property taxes. 51% of Falcon Heights properties have a decrease or zero percent increase in property taxes from 2015 to 2016. F. CONSENT AGENDA: 1. General Disbursements through: 12/02/15 $129,897.81 Payroll through: 11/30/15 $16,956.25 2. Approval of City License(s) 3. 2016 Proposed City Fee Schedule 4. Appointment of Prosecuting Attorney 5. Appointment of City Attorney 6. Appointment of City Engineer 7. Appointment of City Auditor 8. Designation of Official Newspaper 9. 2016 Cost of Living Adjustments 10. Year End Budget Amendments Council Member Long Moved, Approved 4-0 G: POLICY ITEMS: 1. Approve CenturyLink Franchise Ordinance • There are nine cities that are part of the North Suburban Communications Commission, and Falcon Heights is the last city to vote on this policy item. Council Member Harris Moved, Approved 4-0 11 of 119 2. Declaration of Official Intent for Reimbursement for 2015 PMP a. Snelling Service Drives b. Roselawn Ave • City Administrator Sack Thongvanh states that this allows the city to recoup the costs when bonding in 2017. In order to do so, the city needs to approve the intent for reimbursement. The maximum bonding in 2017 is estimated to be $300,000. Council Member Harris Moved, Approved 4-0 3. 2016 Home Occupation License for Cyberwares, LLC Council Member Long Moved, Approved 3-0, Abstention Mayor Lindstrom 4. 2016 Home Occupation License for Pamela M. Harris, PLLC Council Member Long Moved, Approved 3-0, Abstention Council Member Harris H. INFORMATION/ANNOUNCEMENTS: Council Member Harris: No updates Council Member Long: The Parks Commission held two open houses in November in regards to Curtiss Field. The Parks Commission will be meeting on Monday, December 14th to review responses from the open houses and the online survey. Council Member Brown Thunder: NYFS Senior Chore program is up and running. If seniors need help with chores, such as snow removal, contact NYFS. Planning sessions have begun for the next golf tournament. Mayor Lindstrom: Tomorrow night Community Engagement Commission is hosting a movie, Trail of Tears, followed by discussion for Human Rights Day at 6pm at City Hall. City Administrator Sack Thongvanh: With the first snowfall a week ago, over 90% of property owners on Larpenteur that received the snow removal notice, removed their snow. There will be a follow up letter to the properties that didn’t adhere to the snow removal city code notice. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:53pm _____________________________ Peter Lindstrom, Mayor Dated this 9th day of December, 2015 __________________________________ Sack Thongvanh, City Administrator 12 of 119 CITY OF FALCON HEIGHTS Special Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES December 21, 2015 at 6:00 P.M. A. CALL TO ORDER: 6:00pm B. ROLL CALL: LINDSTROM _X__ HARRIS ____ BROWN THUNDER _X__ LONG _X__ MERCER-TAYLOR ___ STAFF PRESENT: THONGVANH__X__ C. PRESENTATIONS: D. APPROVAL OF MINUTES: E. PUBLIC HEARINGS: F. CONSENT AGENDA: G: POLICY ITEMS: 1. Adopt Levy and 2016 Budget • City Administrator Sack Thongvanh stated that this would be the official approval of the Levy and the 2016 Budget for the City of Falcon Heights with no changes. Council Member Long Moved, Approved 3-0 2. Approve Summary Publication of CenturyLink Franchise Ordinance • City Administrator Sack Thongvanh stated that this would allow the City to publish a summary of the adopted ordinance which would reduce publication cost from 40 plus pages to about two. Council Member Long Moved, Approved 3-0 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 6:20pm _____________________________ Peter Lindstrom, Mayor Dated this 21st day of December, 2015 __________________________________ Sack Thongvanh, City Administrator 13 of 119 BLANK PAGE 14 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 1/06/16: $437,333.13 Payroll through: 12/31/15: $35,303.40 Budget Impact The general disbursements and payroll are consistent with the budget. Attachment(s) • General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date January 13, 2016 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 15 of 119 BLANK PAGE 16 of 119 17 of 119 18 of 119 19 of 119 20 of 119 21 of 119 22 of 119 23 of 119 24 of 119 25 of 119 26 of 119 27 of 119 28 of 119 29 of 119 30 of 119 31 of 119 32 of 119 33 of 119 34 of 119 35 of 119 BLANK PAGE 36 of 119 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a UMunicipal Business LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Premier Health 2. Twin Cities Laboratories 3. Bie Grand Enterprises Inc dba Hermes Floral 4. DM Massage / Coffman Ctr 5. Northern Tier Retail, LLC dba Super America #4353 6. Martinizing Cleaners 7. James Kernik D.D.S. 8. Association of Metropolitan School Districts The following individuals have applied for a URestaurant LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Piper D, LLC dba Toppers Pizza The following individuals have applied for an UOn Sale Liquor License Ufor 2016. Staff has received the necessary documents for licensure. The following individuals have applied for a URefuse/Recycler’s LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Keith Krupenny & Sons Disposal Service, Inc 2. Walters Recycling and Refuse The following individuals have applied for a UTobacco LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Northern Tier Retail, LLC dba Super America #4353 The following individuals have applied for a UTree Trimming/Treating/Removal Contractor’s LicenseU for 2016. Staff has received the necessary documents for licensure. 1. A-1 Walsh 2. Northern Arborists 3. Northeast Tree, Inc Meeting Date January 13, 2016 Agenda Item Consent F2 Attachment N/A Submitted By Tim Sandvik, Deputy Clerk 37 of 119 4. Bartlett Tree Experts 5. Hugo’s Tree Care, Inc 6. Hiawatha Tree Services Inc 7. Branch and Bough Tree Service and Landscape Care 8. Rainbow Tree Care The following individuals have applied for a UTherapeutic Massage LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Massage by Amy 2. DM Massage The following individuals have applied for a UHome Occupation LicenseU for 2016. Staff has received the necessary documents for licensure. 1. The Touch-Up Artist, Inc 2. Massage by Amy The following individuals have applied for a UGasoline Operator LicenseU for 2016. Staff has received the necessary documents for licensure. 1. Northern Tier Retail, LLC dba Super America #4353 The following individuals have applied for a URetail Grocery LicenseU for 2016. Staff has received the necessary documents for licensure. Northern Tier Retail, LLC dba Super America #4353 Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2016 City License Applications. 38 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Designate Official Depositories for 2016 Description All investments are made according to State law and the City’s Investment Policy. The City Administrator and/or Finance Director are authorized to deposit general and other funds therein and make investments and transfers for funds for the City of Falcon Heights. Collateral is furnished by the financial institutions as required by law. Budget Impact Attachment(s) • Resolution 2016-01 Designating the Official Depositories for the City of Falcon Heights Action(s) Requested Staff recommends approve of resolution for the official depositories for 2016. Meeting Date January 13, 2016 Agenda Item Consent F3 Attachment Resolution Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 39 of 119 BLANK PAGE 40 of 119 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 13, 2016 No. 16-01 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE CITY OF FALCON HEIGHTS BE IT HEREBY RESOLVED, by the city council of the City of Falcon Heights that the following financial institutions be designated as depositories for funds of the City of Falcon Heights: US Bank System, LMC 4M Fund (checking account) US Bank National Association RBC Capital Markets, LLC Morgan Stanley, LLC Wells Fargo Advisors, LLC Minnesota Municipal Money Market Fund (4M and 4M Plus Funds) PMA Securities Inc, PMA Financial Network Inc (4M and 4M Plus Investment Pools) Wells Fargo Securities, LLC BE IT FURTHER RESOLVED that the City Administrator and/or Finance Director is authorized to deposit general and other funds therein and make investments and transfers of funds for the City of Falcon Heights. Collateral shall be furnished by the financial institutions as required by law. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh HARRIS ____ Against City Administrator BROWN THUNDER FISCHER 41 of 119 BLANK PAGE 42 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Review of Elected Official Out-of-State Travel Policy Description In 2005, the Minnesota State Legislature passed a requirement that cities adopt a policy that regulates out-of-state travel by elected officials. The Falcon Heights City Council adopted the attached policy on November 9, 2005. One provision of the statute is that the policy be reviewed annually by the City council. Budget Impact N/A Attachment(s) Elected Official Out-of-State Travel policy Action(s) Requested Staff recommends that the Falcon Heights City Council affirm the attached City of Falcon Heights Elected Official Out-of-State Travel policy adopted November 9, 2005. Meeting Date January 13, 2016 Agenda Item Consent F4 Attachment Elected Official Out-of-State Travel Policy Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 43 of 119 BLANK PAGE 44 of 119 45 of 119 BLANK PAGE 46 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Review and Adopt Council Standing Rules Description Each year at the first Council meeting, the City Council reviews the operating procedures it intends to use, and decides if changes are warranted. Staff has no recommendations for changes in the standing rules at this time Budget Impact N/A Attachment(s) City Council Standing Rules Action(s) Requested Staff would recommend adopting the Council Standing Rules for 2016. Meeting Date January 13, 2016 Agenda Item Consent F5 Attachment City Council Standing Rules Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 47 of 119 BLANK PAGE 48 of 119 49 of 119 50 of 119 51 of 119 52 of 119 53 of 119 54 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Council/City Commission Liaison Assignments Description Councilmembers are each assigned to serve as a liaison between City Council and various commissions each year. Assignments for 2016 are as follows: • Planning Commission – Pam Harris • Community Engagement Commission – Tony Fischer • Parks and Recreation Commission – Randy Gustafson • Environment Commission – Peter Lindstrom • Northeast Youth and Family Services – Joe Brown Thunder • North Suburban Cable Commission – Susan Majerus Budget Impact N/A Attachment(s) N/A Action(s) Requested I recommend approval of the above assignments. Meeting Date January 13, 2016 Agenda Item Consent F6 Attachment N/A Submitted By Peter Lindstrom, Mayor Families, Fields and Fair __________________________ 55 of 119 BLANK PAGE 56 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of Acting Mayor Description Periodically, the Mayor’s absence requires that official duties (such as signing official documents, running City Council meetings, etc.) need to be conducted in a timely manner. Past practice has been to rotate this position among the various City Council Members. The 2015 Acting Mayor was Council Member Charles Long. The Mayor still retains the right to name other Council Members as Acting Mayor when planned absences are anticipated, but the formal designation of an Acting Mayor allows for continuity of operations in the case of an emergency or unplanned absence. Budget Impact N/A Attachment(s) N/A Action(s) Requested I recommend that the Falcon Heights City Council approve Council Member Joe Brown Thunder as the 2016 Acting Mayor. Meeting Date January 13, 2016 Agenda Item Consent F7 Attachment N/A Submitted By Peter Lindstrom, Mayor Families, Fields and Fair __________________________ 57 of 119 BLANK PAGE 58 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item 2016 Commission Appointments Description Each year the City Council appoints residents to serve on various city commissions. Below are my recommendations for residents to serve three year terms (2016-2018), as directed by the City Code: Mary Hannon Jacobson (Parks and Recreation Commission) 2nd Term Dave Thomas (Parks and Recreation Commission) 2nd Term Michael Breen (Parks and Recreation Commission) 2nd Term Jay Colond (Community Engagement Commission) 2nd Term Kathryn Hartman (Environment Commission) 2nd Term Patricia Holmes (Environment Commission) 2nd Term Budget Impact N/A Attachment(s) Action(s) Requested I recommend that the residents listed above be appointed to their second three year terms to their respective commissions. Meeting Date January 13, 2016 Agenda Item Consent F8 Attachment NA Submitted By Peter Lindstrom, Mayor Families, Fields and Fair __________________________ 59 of 119 BLANK PAGE 60 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Mileage reimbursement rate for 2016 Description The business mileage reimbursement rate allowed by the IRS is 54.0 cents per mile effective January 1, 2016. This is a 3.5 cent per mile decrease in the mileage rate allowed by the IRS in 2015. Budget Impact The mileage reimbursement rate is 54.0 cent per mile effective January 1, 2016. Attachment(s) N/A Action(s) Requested Staff recommends allowing the IRS approved reimbursement mileage rate of 54.0 cents per mile when employees use their personal vehicles for city business. Meeting Date January 13, 2016 Agenda Item Consent F9 Attachment N/A Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 61 of 119 BLANK PAGE 62 of 119 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item 2016 NYFS Cooperative Service 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 2016 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  2016 Contribution of $8,927 which is accounted for in the 2016 Budget.  2015 Contribution of $8,892 which is accounted for in the 2015 Budget. Attachment(s)  Letter of Intent  2015 NYFS Agreement (Example) Action(s) Requested Staff recommends Council approval of the 2016 NYFS Agreement and authorization of the Mayor and City Administrator to sign all associated documents. Meeting Date January 13, 2016 Agenda Item Consent F10 Attachment 2016 NYFS Agreement and Letter of Intent Submitted By Sack Thongvanh, City Administrator 63 of 119 BLANK PAGE 64 of 119 July 2, 2015 Sack Thongvanh, City Administrator City of Falcon Heights 2077 Larpenteur Avenue Falcon Heights, MN 55113 Dear Sack, One of the many things we are proud of at NYFS is our partnerships with organizations in the community. Working together we ensure critical services are available for those in need and that precious resources are used wisely. Over the years our partnerships with local municipalities have ensured services within their local community and contributed to a strong region. With the merger in 2012, we now partner with 15 municipalities across the northeast metro area. In 2010 the city administrators from our partner municipalities and NYFS met and decided that the June CPI-U would be used to determine each city’s contribution for the coming year. Currently the CPI-U for June 2015 is .04. As a result, we are proposing that your City Participation amount would be $8,927, a .04% increase over 2015. We’re sending you this correspondence now to aid in your planning for your next fiscal year. In November we will seek confirmation of the amount you are budgeting for your collaborative support of NYFS. In the meantime if you have any questions please don’t hesitate to contact me at (651)-379-3404 or at jerry@nyfs.org. Thank you for your continued support of NYFS. We are honored that you consider us worthy of your support and look forward to our ongoing partnership as we work in tandem to serve the residents of our area. Sincerely, Jerry Hromatka President & CEO 65 of 119 66 of 119 67 of 119 68 of 119 69 of 119 70 of 119 71 of 119 BLANK PAGE 72 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item 2016 Greater Metropolitan Housing Corporation Cooperative Service 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 2016 Consultant Services Agreement is attached to this report. Budget Impact The $2,000 cost associated with this contract is included in the adopted 2016 operating budget. Attachment(s) • 2016 Consultant Services Agreement Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the attached 2016 Consultant Services Agreement with the Greater Metropolitan Housing Corporation. Meeting Date January 13, 2016 Agenda Item Consent F11 Attachment 2016 Consultant Services Agreement Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 73 of 119 BLANK PAGE 74 of 119 CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the _____ day of ________, 2016, 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. 1 75 of 119 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, and assist homeowners to evaluate bids, 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, 2016 and shall continue through December 31, 2016, 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 2 76 of 119 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 3 77 of 119 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: Attn: City Administrator 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. 4 78 of 119 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] 5 79 of 119 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: ____________________, 2016. By: _________________________________ Its: City Administrator Date: ____________________, 2016. CONSULTANT: GREATER METROPOLITAN HOUSING CORPORATION By: Its: President Date: ____________________, 2016. 6 80 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Capitol Region Watershed District – Curtiss Field Improvement Project-Final Payment Description In 2014, the City entered into a joint powers agreement with Capitol Region Watershed District to conduct storm water and flood mitigation improvement at Curtiss Field. The project was identified in the “Curtiss Pond Improvement Project Feasibility Study” report dated August 28, 2013. The City and the Watershed agreed to share the cost of a 65/35 County/City split. The total cost of the project was $541,431.00. The total project cost came in 5.9% below budget. Budget Impact This amount has been allocated in the budget. Attachment(s) • Joint Powers Agreement • Final Invoice Action(s) Requested Staff would recommend final payment to Capitol Region Watershed District in the amount of $189,501.00 that reflects the construction and engineering costs detailed in the Joint Powers Agreement and final cost breakdown matrix. Meeting Date January 13, 2016 Agenda Item Consent F12 Attachment Joint Powers Agreement & Final Invoice Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 81 of 119 BLANK PAGE 82 of 119 83 of 119 84 of 119 85 of 119 86 of 119 87 of 119 88 of 119 89 of 119 90 of 119 91 of 119 92 of 119 93 of 119 94 of 119 95 of 119 96 of 119 97 of 119 98 of 119 99 of 119 100 of 119 101 of 119 BLANK PAGE 102 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Accept Work Completed and Approve Final Payment for the 2015 Pavement Management Project Description On June 24, 2015, the City Council awarded the 2015 Pavement Management Project to Hardrives Inc., of Rogers, Minnesota. Work completed under the contract totaled $221,091.98. The work for this contract was finished in September of 2015, and the contractor has requested final payment. The following streets were a part of the 2015 PMP. • East Snelling Avenue Service Drive, from Roselawn Avenue to Crawford Avenue • West Snelling Avenue Service Drive, from Roselawn Avenue to Larpenteur Avenue Budget Impact The final contract paid amount, $221,091.98 is less than the original contract amount of $299,581.97. The project was significantly under the awarded contract price due to under runs of quantities. Attachment • Resolution 16-02 Accepting Work and Authorizing Final Payment 2015 Pavement Management Project (PMP) • Supporting Documents Action(s) Requested Staff would recommend approving the resolution to accept the work completed, authorize final payment, and commence the one-year warranty period for the 2015 Pavement Management Project (PMP). Meeting Date January 13, 2016 Agenda Item Consent F13 Attachment Resolution & Supporting Documents Submitted By Jesse Freihammer, City Engineer Families, Fields and Fair __________________________ 103 of 119 BLANK PAGE 104 of 119 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 13, 2016 No. 16-02 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT 2015 PAVEMENT MANAGEMENT PROJECT WHEREAS, pursuant to a written contract signed with the City on June 24, 2015, Hardrives Inc., of Rogers, Minnesota, has satisfactorily completed the improvements associated with the 2015 Pavement Management 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 January 13, 2016. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh HARRIS ____ Against City Administrator BROWN THUNDER FISCHER 105 of 119 BLANK PAGE 106 of 119 107 of 119 108 of 119 109 of 119 110 of 119 111 of 119 112 of 119 113 of 119 114 of 119 115 of 119 116 of 119 REQUEST FOR COUNCIL ACTION The City That Soars! Item Snow and Ice Removal Fee Description The City Code defines that if snow and ice is not removed from public sidewalks within 24 hours, it is considered a nuisance and authorizes the City to either abate the nuisance or hire a contract to abate the nuisance. City Code also authorizes the City to certify unpaid invoices to the County as a special assessment. What is not determined is the cost to be charged if City Staff abates the nuisance. A proposed fee of $100 per hour with a minimum an hour would cover the expense for City Staff. Budget Impact Minimize cost for removal. Attachment •Resolution16-03 Amend City Fee Schedule to Include Snow and Ice Removal Fee Action(s) Requested Staff would recommend approving the resolution to accept the work completed, authorize final payment, and commence the one-year warranty period for the 2015 Pavement Management Project. Meeting Date January 13, 2016 Agenda Item Consent G1 Attachment Resolution Submitted By Sack Thongvanh Families, Fields and Fair __________________________ 117 of 119 BLANK PAGE 118 of 119 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 13, 2016 No. 16-03 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION TO AMEND CITY FEE SCHEDULE TO INCLUDE A FEE FOR SNOW REMOVAL WHEREAS, City Code Section 22-47 c1 defines a nuisance upon premises as Snow and ice not removed from public sidewalks 24 hours after a storm has ended; WHEREAS, the City Code Section 22-48 states “In case of failure to remove snow and ice from sidewalks as provided in subsesction 22-47(c)(1) after notification and within the time prescribed, the administrator or clerk may order city employees or a contracted party to abate the nuisance. The responsible person shall be billed for the costs. If the bill is unpaid, the cost shall be certified to the county auditor as a special assessment against the property for collection in accordance with Minn. Stats. 429.101; NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota set a fee of $100 per hour with a minimum of one (1) hour for snow and ice remove to be included the City Fee Schedule. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh HARRIS ____ Against City Administrator BROWN THUNDER FISCHER 119 of 119