HomeMy WebLinkAboutCity Council Packet_12-14-16CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 14, 2016 at 7:00 P.M.
A.CALL TO ORDER:
B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___
FISCHER ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C.PRESENTATIONS:
D. APPROVAL OF MINUTES:
1. November 2, 2016 City Council Workshop Minutes
2.November 9, 2016 City Council Meeting Minutes
E.PUBLIC HEARINGS:
1. 2016 Truth in Taxation and Budget Presentation
2.2017 PMP Public Hearing and Calling for Improvements
3. Outstanding Invoices for City Services
F.CONSENT AGENDA:
1. General Disbursements through: 12/08/16 $180,199.71
Payroll through: 11/30/16 $37,080.94
2.Approval of City License(s)
3.2017 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. 2017 Cost of Living Adjustments (COLA)
10.Transfer of Funds & Year End Budget Amendments
11.Bureau of Criminal Apprehension (BCA) Joint Powers Agreement
12. Appointment of Grant Heitman to the Falcon Heights Volunteer Fire Department
13.Purchase Sweeper from the City of Little Canada
14. Charitable Gambling – Falcon Heights Elementary PTA
15. State Aid Project (TH 51) No. 062-630-065 & State Project No. 6216-127
G: POLICY ITEMS:
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT:
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Falcon Heights City Council Workshop
City Hall 2077 W Larpenteur Ave. 6:30 P.M. MINUTES Wednesday, November 2, 2016
Call to Order: 6:30 pm 1) Non-Residential Parking on Garden Ave and Falcon Woods A parking request has been made by the majority of the homeowners in this area. There used to be parking near City Hall, but it got posted as no parking except by permit, so that in turn has pushed the parking north.
Dennis Caywood- 2028 Garden Avenue: He stated that when cars are parked on both sides, it creates a visibility issue on some of the roads. The garbage and recycling pick up seem to have difficulty getting to the carts. In the winter it also creates issues for plowing. The suggestion is to post signs similar to Tatum, No Parking from 8am-5pm, except by permit only.
2) Budget – Enterprise Funds and Capital Funds The capital improvement plan has had a $20,000 increase to help stabilize funds. This increase includes voting equipment, GIS software, and solar panels. The Council will have to decide if they want to buy the panels at market value within the 20-year lease.
There were revisions made to the Fire Department capital fund. Purchasing a new truck will be delayed until 2020, and the bond payments will expire at that time. Taking hoses out of capital fund will be considered in 2018. The parks/recreation/public facilities fund has been modified. A dump truck will be an
added cost in 2018 to replace the current one. A cost that is not included but will be considered in 2017 is buying out the JPA with Little Canada for the sweeper. The cost to the city would be about $95,000. Infrastructure money has been set aside for sidewalk maintenance, the Grove project, tree
trimming, and tree planting. The contract will be expiring soon with the tree trimming service, so an RFP will be considered. The fund for sanitary sewer is healthy now, but it is recommended to increase it by 3% due to inflation.
The storm sewer fund should have a slight increase, 6.8%. There will be contributions from non-profits due to drainage from parking lots. The total increase for both of the bills will be $12 per year per residential home.
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3) Interviews –Falcon Heights Task Force and Tri-City Workgroup Adjourned 11:00 pm ________________________ Peter Lindstrom, Mayor Dated this 2nd day of November, 2016
__________________________________ Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
November 9, 2016 at 7:00 P.M.
A. CALL TO ORDER: 7:00 pm
B. ROLL CALL: LINDSTROM _X__ HARRIS __X__ BROWN THUNDER ___
FISCHER _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X__
C. PRESENTATIONS:
1. Racial Equity and Inclusion Training-Community Engagement Commission
Melanie Leehy, Chair of the Community Engagement Commission, presented a
recommendation from the Commission. The recommendation is for the City Council to
establish regular racial equity and inclusion training for Council, staff, and
Commissioners. The Commission also recommends that at least one Commissioner is
included in the planning process, as well as that it be evaluated and have input from
those impacted by disparities.
2. Xcel Energy – LED Light Conversion
Edward P. Bieging Jr. of Xcel stated that they have started replacing street lights with
LED bulbs in the south metro. They completed roll outs in St. Cloud, and have
completely replaced all lights in Wisconsin and North Dakota. They are doing an
analysis right now with a pilot project using 3,000 Kelvins instead of 4,000. They are also
looking into the standards for decorative street lights. They will be replacing all the
clover-head style fixtures. They will not be changing out the poles with the lights. There
is no cost associated with this for the city, and in return the city should see a 4-7%
decrease in their street light bill. LED street lighting is directional and will not illuminate
above the street light. They will not be installing dimmers at this time.
Phil Shively-1572 Northrop St:
If the study is done with the 3,000 Kelvins before Falcon Heights’ lights are switched
out, maybe the city can be considered for that type of bulb. It was also be great to
consider bulbs with a low melanopic content.
D. APPROVAL OF MINUTES:
1. October 26, 2016 City Council Meeting Minutes Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
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1. General Disbursements through: 11/03/16 $89,949.66
Payroll through: 10/31/16 $18,457.06
2. Approval of City License(s)
3. Accepting the Resignation of Mike Archad as Fire Marshal
4. Appointment of Michael Poeschl as Fire Marshal
5. Director of Public Works (Tim Pittman) 10 Year Step Adjustment
6. Director of Finance (Roland Olson) Equity Adjustment
7. Appointment of Falcon Heights Inclusion and Policing Task Force Members-
The facilitators will be Ken Morris, who has been assisting the city with its diversity
training, and Kathy Quick, a professor at the UMN Humphrey School with expertise
in this area. There will be additional assistance from outside organizations such as,
Mariah Levison from the Minnesota State Office for Collaboration and Dispute
Resolution, and Sharon Press, professor and director of Dispute Resolution Institute
at Mitchell Hamline Law School.
8. Appointment of Tri-City Workgroup Members
The first meeting of the Task Force will be December 13th at 7pm, with the location TBD. The
Tri-City will have their first meeting in January, with the date TBD.
Akil Foluke:
He speaks of his experience because he is Black. How is the Council going to contribute to
taking steps to move forward? The Task Force could have been made diverse and had people
from outside of Falcon Heights on it. Are you going to end the contract with St. Anthony and
find a police department that better suits the values of the city?
Mayor Lindstrom:
One thing that has been requested is that the Chief of Police be present for a Council Meeting.
He will be attending the next Council Meeting on Wednesday, December 14th at 7pm.
Jane McNentch- 1508 Iowa Ave:
What was the process used in selecting the representatives to serve on the Falcon Heights Task
Force? Are there criteria that can be made available? It’s her understanding that not all
applicants were interviewed.
City Administrator Thongvanh:
The Council Members reviewed the applicants and selected their top 11 candidates. Those with
multiple selections from Council were appointed. The Council and City Administrator chose
eight people to come in for interviews to fill the remaining spots.
Jane McNentch- 1508 Iowa Ave:
She would like to know what the Council’s priorities were in the selection.
Mayor Lindstrom:
Each Council Member used their own best judgment in ranking the applicants. His own
personal priorities were: diversity in all ways such as race, gender, and thought.
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Jane McNentch- 1508 Iowa Ave:
Each Council Member created their own criteria? In a workplace there would be common
criteria.
City Administrator Thongvanh:
The criteria were more subjective when considering the makeup of the group.
Council Member Fischer:
Applicants were asked 5 questions on the application. During the interview, applicants were
asked the same five questions. The interviews were completed during a Council Workshop and
were open to the public. Aside from diversity that’s been mentioned, he was also looking for a
person who has had a wide variety of experiences.
Council Member Gustafson:
He was seeking to find diversity of thought, age, gender, race, and creed. It wasn’t an asked
question, but he was looking at different ways of approaching problems. In previous minutes,
Council Members had laid out what their priorities were in the selection process when
reviewing applicants.
Melissa Harrel Sullew- 1588 Vincent St:
She heard mostly about process when initially talking about the selection, but it would have
been helpful to hear more about the values in the decision making. She is curious to know what
the sides of the issues are. What does the diversity of opinion refer to?
Council Member Harris:
She was looking for a group that would intellectually study the issues in front of them and
make sure the right issues were surfaced. They would look for a way to study those rather than
just reacting to them emotionally. With the different perspectives of the Council, she trusts that
they have appointed a diverse group in those respects.
Blake Bunhoff- Hamline University:
Were the interviews recorded?
Council Member Fischer:
There are two Council Meetings that are recorded a month, and a Council Workshop that is not
recorded but open to the public. Council Workshops are typically a platform to discuss issues
prior to voting on them. The interviews were conducted during a workshop.
Melanie Leehy- 1865 Fairview Ave:
She supports the Task Force, and she is looking forward to the hard work that is going to be
done by the Task Force. It’s also not just limited to what the Task Force has to say.
Roberto Defraidus- 828 Seal St:
He was listening to some of the criteria, and all of the Council is influencing the selection
process with their own values. Is there any thought of getting set criteria? Also, what is the
ethnic makeup of the task force?
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Mayor Lindstrom:
There are two people who identify as African American, and four people of color that
submitted their application.
Council Member Fischer:
He was not only looking for diversity of race, but diversity of experiences and life stories.
Roberto Defraidus- 828 Seal St:
Pam had mentioned that the application was complex. Was that intentional?
Council Member Harris:
The questions posed were to get the best information that they could on relevant topics. Of the
people that submitted the applications, the answers were very complete and it seems that they
were interested in answering those questions.
Roberto Defraidus- 828 Seal St:
Were there questions related to their experience with police conduct?
Council Member Fischer:
One of the questions asked was, “what was your first and last experience with a police officer?”
Mayor Lindstrom:
There are also members of the Task Force that have immediate family that identify as African
American.
Council Member Gustafson Moved, Approved 4-0
G: POLICY ITEMS:
H. INFORMATION/ANNOUNCEMENTS:
Council Member Fischer:
He attended an Anti-Bias training put on by AMAZE at St. Anthony with Pam and 16 St.
Anthony employees. He thought it was a fantastic experience, but would have liked more time
after a few hours.
Council Member Harris:
She attended the training and noticed that there was a wide variety of staff/volunteers,
including City Commissioners and Police Officers.
Mayor Lindstrom:
He attended a few weeks earlier as well.
Council Member Gustafson:
He also attended the Anti-Bias training. In October, one of the Falcon Heights youth, along with
three other people, were recognized for excellence in a Life-Saving Award that they participated
in during the Summer. A Black man was being severely beat, and the four youth pulled the
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attackers off and performed CPR. The man’s spent lengthy time in the hospital, but his life was
saved.
City Administrator Thongvanh:
Fall Fete went well, despite the cold. Also, the November 23 and December 28 Council Meetings
will be cancelled. December 14 will be the truth and taxation hearing for the levy, as well as
approving the budget and capital funds. Mayor Lindstrom did also mention that Police Chief,
Jon Mangseth, will be presenting at the December 14 meeting. If others have questions for him,
please send those to him prior to the week prior to the meeting.
I. COMMUNITY FORUM:
Tyrone Tarrell- President of the African Leadership Council and St. Paul Resident:
St. Anthony did the same thing to a Black woman the other night. They pulled a gun out on her
for no reason, but she didn’t get shot this time. They are never going to change.
Robyn McGee- St. Paul Resident:
A lady was racially profiled, it seems, at a park. On Monday off Larpenteur, a police car
followed behind her, and after pulling her over the officer had their gun drawn. Their claim was
that there was a warrant out for her arrest. The person they were looking for with the warrant
was not her. What has been happening that a police officer would treat someone this way? She
would like to hear more about what actions are being taken.
City Administrator Thongvanh:
He would like to follow up and review this case, so he is requesting she contact him with more
info so he can do so.
Robyn McGee- St. Paul Resident:
Do you think that there are any procedures that have been put into place to prevent this sort of
conduct? What reforms have been developed? What has been done since Philando?
Council Member Fischer:
He had an experience many years ago in a different city being stopped by multiple police
officer, with another passenger in the car, with guns drawn as they approached the vehicle. He
felt it was very inappropriate. He believes it’s a really complex issue, but there should be more
tactics on de-escalation. Currently there is more data being collected that hasn’t been available
in the past.
John Thompson
He came to bring love, hope, rise, and work. He would love for a solution to happen overnight,
but he knows that’s not going to happen. He hopes that it’ll happen soon. His hope would have
been that we would’ve ended the contract with St. Anthony already. He realizes that when we
work together, we will rise. This is an issue bigger than Falcon Heights, and he has been to
many cities. The biggest shock was that St. Paul Council said they do not make the policy for St.
Paul Police. The police make their own policy. Knowing this, we have to change policy.
Melissa Harrel Sullew- 1588 Vincent St:
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She finds it alarming that we as a city do not have the authority to intervene and instruct the
police. The Council should have some authority over the police department. Let’s not have
these life-threatening situations in our city. Did the Council learn something from the Anti-Bias
training that they can convey?
Melanie Leehy- 1865 Fairview Ave:
There are various workshops that Council members have attended in regards to training. This is
another reason as to why the recommendation went forward for regular racial equity and
inclusion training. This will make sure that it is not limited to just two hours where it can only
brush the surface.
Akil Foluke:
Diversity and inclusion should always be an uncomfortable conversation. If that’s not the case,
then you’re not getting the truth. How do you know you have diversity within the group of
appointed people to the Task Force? How do you know you have Black people that are
representing other Black people? He doesn’t want tension and anger to build up to a point we
can’t come back from.
Beth Mercer-Taylor- 2231 Folwell Ave:
There is a discussion coming up with the community group, We Can Do Better. It’s on implicit
bias and social justice and what our role is. It’s a panel discussion, and it’s happening on
Thursday, November 17th at 7pm at United Church of Christ Falcon Heights.
Roberto Defraidus- 828 Seal St:
When does the contract come up for renewal?
City Administrator Thongvanh:
We’re in the second year of a five-year contract. The Council can decide to opt out by July of
2017 for the year 2018.
Roberto Defraidus- 828 Seal St:
What would constitute as a reason to nullify the contract outside of those timeframes.
Council Member Fischer:
Failure to perform their obligations of the contract.
City Administrator Thongvanh:
After speaking with the City Attorney, based on the contract and the action of one individual, it
does not constitute as a breach of contract with the St. Anthony Police Department.
Roberto Defraidus- 828 Seal St:
If this individual is convicted, does it then qualify as a breach?
City Administrator Thongvanh:
According to our City Attorney, that would not qualify as a breach of contract. There are criteria
on services provided and not on the action of one police officer. It outlines the services that they
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have to provide for the city. Examples are to make sure they enforce city code, state statutes,
and provide 24 hour services for the city. There is no moral clause to the contract.
Roberto Defraidus- 828 Seal St:
Maybe adding a moral clause is something to consider when negotiating the contract.
Robyn McGee- St. Paul Resident:
Is the contract available to the public? Is the contract different than other cities it provides for?
City Administrator Thongvanh:
It is not yet available on the Falcon Heights website as he is still working on a FAQ page, but
there has been an information request so it is available on the web in general. The contract is
identical from St. Anthony for other cities. The way it was drafted was a collaboration from all
three cities.
Robyn McGee- St. Paul Resident:
Can the city provide any reason to opt out of the contract in July 2017?
City Administrator Thongvanh:
If the city chooses to opt out of the contract now, it would be considered a breach on the city’s
part and they would be financially responsible. They can choose to opt out in July 2017 for any
reason, but they would still have their police department through the end of the calendar year.
The obligations listed in the contract are more quantitative than qualitative. In mid-summer, the
estimated cost to the city for ending the contract would have been just short of one million
dollars.
Robyn McGee- St. Paul Resident:
What is the estimated timeline for finishing the Task Force?
City Administrator Thongvanh:
The Task Force is looking at a recommendation to the Council by the beginning of May, and in
between that timeframe there will be a report to the Council. In regards to what criteria the city
can set to cause an effect on the contract, if St. Anthony doesn’t go with the Council and Task
Force recommendations, the city has the option to end the contract which has a big impact on
them. It would be crucial for them to adhere to the recommendations.
J. ADJOURNMENT: 8:51 pm
_____________________________ Peter Lindstrom, Mayor Dated this 9th day of November, 2016
__________________________________ Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2016 Truth in Taxation Hearing to Adopt Tax Levy and 2017 Budget
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 28th, the City Council
adopted a preliminary levy and established December 14th 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, are a proposed property tax levy of $1,278,231 and a General
Fund Budget of $2,022,555. The levy and budget with a comparison to previous
years is detailed below:
2015 Levy 2016 Levy Proposed 2017
Levy
% Increase
(Decrease)/
2016 to 2017
Ad Valorem $1,014,116 $1,046,183 $1,152,646 10.2%
Debt Service $69,734 $127,264 $125,585 1.3%
Total $1,083,850 $1,173,447 $1,278,231 8.9%
2015 General
Fund Budget
2016 General
Fund Budget
Proposed 2017
General Fund
Budget
% Increase
2016 to 2017
$1,877,165 $1,923,292 5.2%
The impact of this proposed levy on a median valued home, which in 2017 is
assessed at $252,600 (8.9% increase over 2016), is estimated to result in an increase of
$26, in the City portion of the homeowner’s taxes.
Meeting Date December 14, 2016
Agenda Item Public Hearing E1
Attachment Resolutions(s)
Submitted By Sack Thongvanh, City Administrator
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A full presentation with more details will be presented at the City Council meeting
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) · Resolution 16-39 Approving 2017 City Budget
· Resolutions 16-40 Approving 2017 Tax Levy
Due to the size and cost of printing the 2017 Budget, the document is available on the
City’s website: http://www.falconheights.org/vertical/Sites/%7BA88B3088-FA03-4D5D-9D04-
CCC9EF496399%7D/uploads/2017_Falcon_Heights_Budget_Compressed.pdf
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 attached resolutions regarding the 2017 Tax Levy and regarding the
2017 City of Falcon Heights Budget.
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2017 Budget
Hearing
Sack Thongvanh, City Administrator
Roland Olson, Finance Director
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Factors That Affect Taxes
Changes in the tax levy (or spending decision) made by the city,
county, school, or special taxing authority
Changes in the market value of your property
Legislative changes
New taxes approved by referendum are applied to market value (not tax capacity)
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Ramsey County Tax Statement
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Market Value Exclusion
In 2011, State eliminated Market Value Homestead Credit (MVHC) and replaced it with Market Value Exclusion.
Taxable Market Value is what is used to calculate your taxes.
Benefit to properties decreases as values rise
Only applies to homesteaded properties
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Ramsey County Median Values
2016 Median
Value
2017 Median
Value
% Change
Arden Hills $300,300 $306,350 2.0%
Falcon Heights $247,700 $252,600 2.0%
Gem Lake $227,800 $243,950 7.1%
Lauderdale $186,550 $184,350 -1.2%
Little Canada $223,900 $228,200 1.9%
Maplewood $190,800 $200,900 5.3%
Mounds View $174,600 $184,350 5.6%
New Brighton $218,600 $226,600 3.7%
North St. Paul $157,500 $168,100 6.7%
Roseville $216,400 $226,800 4.8%
St. Paul $151,500 $161,200 6.4%
Shoreview 253,800 $267,300 5.3%
Vadnais Heights $234,300 $232,900 -0.6%
White Bear Lake $184,700 $194,500 5.3%
True 2017 TAXABLE market value of median valued home is $238,094. Page 17 of 153
2017 Property Tax Allocation
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Ramsey County Tax Rates
City Final 2016 Rate Estimated 2017
Rate
Falcon Heights 25.840%26.334%
Arden Hills 26.382%26.998%
Little Canada 30.869%26.099%
Maplewood 46.985%47.204%
Mounds View 40.097%38.331%
New Brighton 43.008%43.891%
North St. Paul 38.669%42.193%
Roseville 39.211%38.845%
St. Paul 42.477%42.775%
Shoreview 34.945%34.196%
Vadnais Heights 26.796%27.202%
White Bear Lake 19.684%18.932%Page 19 of 153
City Tax Rate History
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History of Transfer of
Reserves to General Fund
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History of Property Tax Levy
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History of Property Tax
Levy, cont.
Overall levy has increased by $403,893 since
2004.
No transfers from Reserves to General Fund
operations since 2014.
Since 2014, the average city portion tax increase
on a median value home is $22 per year.
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Property Tax Impacts
Payable
2017
Payable
2016
Payable
2015
Payable
2014
Median
Valued Home $252,600 $247,700 $251,500 $224,900
Taxable
Median Value
after Exclusion
$238,094 $232,753 $236,895 $207,901
Tax Capacity
(1% of value)2381 2328 2369 2079
City Tax Rate 26.334% 25.840% 23.459% 24.819%
City Taxes 627 601 $556 $515
Net Change
Prior Year $26
Increase
$45
Increase
$41
Increase
$46
Decrease
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Estimated Percentage Change in 2017
Property Tax On Median Value Single
Family Properties (as of 10/25/16)
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2017 City Taxes on a Median
Value Home in Ramsey County
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2017 Total Property Taxes on a Median
Value Home in Ramsey County
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Stratified Change Property
Taxes 2016 to 2017
TOTAL # PARCELS IN FALCON
HEIGHTS:1300
Cumulative
% of
Total
% of
total
Decrease or
"0" 916 70%70%
$1 to $100 140 11%81%
$101 to $200 73 6%87%
$201 to $300 32 2%89%
$301 to $400 33 3%92%
$401 to $500 13 1%93%
> $500 93 7%100%
Total:1300 100%
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2017 Expenditures
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Cities Receive Sales Tax
Exemption
Effective 2014
•2013 MN State Legislature passed State Law
changes exempting cities from sales taxes
•General Fund operational expenditure savings
are estimated at around $5,500 yearly
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2017 Budgeted General
Fund Expenditures By Dept.
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2017 General Fund
Expenditures by Department
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Levy Comparisons
2014 2015 2016 Proposed
2017
% Change
Ad
valorem
levy
$944,570 $1,014,116 $1,046,183 $1,152,646 + $106,463
+ 10.2%
Debt levy $139,280 $69,734 *$127,264 $125,585 -$1,680
-1.3%
Total levy $1,083,850 $1,083,850 $1,173,447 $1,278,231 + $104,784
+8.9%
* In 2015 a transfer of $100,000 from reserves to decrease debt levy.
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2017 Proposed Budget
•Consolidated dispatch fees had an increase of $1,423.
•Police budget increased by $19,529.
•3.3% renewal rate for health insurance through PEIP
•Wage increase by 3%.
•Expect license and permit revenues comparable to
2016 levels.
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2017 Proposed Budget, cont.
There will be no transfer of reserve funds for general operating budget
LGA receipts from State of MN
increased $4,200. Fiscal Disparities
increased $46,779
Overall, general fund expenditures
and revenues are $99,263, or 5.16%,
higher than the 2016 operating budget.
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Additional Information
¢Ramsey County Proposed Budget and Levy Hearing –Held Nov 28th –6:30 pm –Union Depot Red Cap Room
¢Roseville School District Proposed Budget and Levy Hearing –Held Dec 16th –6:00 pm -District Service Center - Roseville
¢State of Minnesota Property Tax Refund Programs
l www.taxes.state.mn.us
l Regular Refund –based on income
l Circuit Breaker –if taxes increased over 12% and $100
l Senior Citizen Tax Deferral through City & Ramsey County
l Disabled Veteran Market Value Exclusion
¢To contest your property valuation to be used for 2018 property taxes –watch for notices in the mail during March 2017
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For More Information:
¢Visit: www.falconheights.org
¢Call Sack Thongvanh, City Administrator at (651)792-7600
¢E-mail: Sack.Thongvanh@falconheights.org
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 14, 2016
No. 16-39
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION ADOPTING THE 2017 BUDGET
BE IT RESOLVED by the City Council of the City of Falcon Heights that the General
Fund Operating Budget for the year 2017 in the amount of $2,022,555 and other Fund
Budgets as listed are adopted.
Park Program Fund (201) $50,082
Community Garden (203) $1,000
Water Fund (204) $12,947
Emerald Ash Borer $750
Recycling Fund (206) $88,660
Community Development Fund (208) $35,850
Street Light Utility (209) $36,600
GO Improvement Cert. Series 2013A (311) $75,356
GO Equipment Cert. Series 2013B (312) $99,736
General Capital Improvements (401) $28,550
Public Safety Capital (402) $44,250
Parks Recreation/Public Facilities Capital (403) $8,250
TIF District #1-3 (414) $248,750
Infrastructure Capital (419) $1,224,250
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Moved by: Approved by: ________________________ Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 14, 2016
No. 16-40
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RESOLUTION ADOPTING THE 2017 TAX LEVY FOR THE CITY OF FALCON
HEIGHTS, COUNTY OF RAMSEY, STATE OF MINNESOTA
BE IT RESOLVED by the Mayor and City Council of the City of Falcon Heights, County
of Ramsey, State of Minnesota, that the following sums of money be levied for the taxes
payable 2017, upon the taxable property in the City of Falcon Heights, for the following
purposes:
CERTIFIED LEVY
GENERAL FUND
$1,152,646
DEBT SERVICE
(G.O. Improvement, Series 2013A)
$26,228
DEBT SERVICE
(G.O. Fire Truck Bond, Series 2013B)
$99,357
TOTAL LEVY $1,278,231
BE IT FURTHER RESOLVED that the City Administrator is hereby directed to transmit
a certified copy if this Resolution to the County Auditor and should extend the tax levy
in the amount of $1,278,231 to be collected for the year 2017.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
BROWN THUNDER Sack Thongvanh
HARRIS ____ Against City Administrator
GUSTAFSON
FISCHER
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Public Hearing for the 2017 Pavement Management Project, Order Improvement
and Preparation of Plans and Specifications
Description
On October 12, 2016, the City Council received the feasibility report for the 2017
Pavement Management Project (PMP) and ordered the public hearing for December
14, 2016. Prior to opening the hearing, City staff will present general information
regarding construction, standards, and assessments that apply for this project.
Attached is an amended Feasibility Report which includes updated costs based on
revised storm sewer costs. It also includes updates costs that the University of
Minnesota has agreed to pay. The proposed assessment amount has remained the
same.
Following Minnesota Statutes, Chapter 429, notice of the public hearing must be
posted twice prior to the meeting; this was done in the Roseville Review on
November 22 and November 29, 2016. A notice was also sent to each property
proposed to be assessed as a part of this project.
Once the hearing is closed, the next step in the process is for the City Council to
order the improvements and preparation of plans and specifications.
The following is a brief summary of proposed improvements; for more detail, please
reference the feasibility report. The following streets have been identified to be
considered for improvements in 2017:
◦ Folwell Ave, from Fulham St to Hoyt Ave
◦ Vincent St, from Hoyt Ave to Folwell Ave
◦ Northrup Ave, from Hoyt Ave to Folwell Ave
◦ Burton St, from Hoyt Ave to Folwell Ave
◦ Coffman St, From Hoyt Ave to Larpenteur Ave
Street Improvements:
The recommended improvements for the streets were based on existing conditions
of the pavement. All of the streets are proposed for bituminous reclamation.
Bituminous reclamation (or reclaim) involves grinding the existing asphalt surface
and underlying aggregate base together, which creates a new uniform roadway base
Meeting Date December 14, 2016
Agenda Item Public Hearing E2
Attachment Resolution, Amended Feasibility Report
Submitted By Jesse Freihammer, City Engineer
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material. Some of the reclaimed material is then removed in order to meet the
existing curb and gutter grades. The new base will be graded and compacted in
preparation for 4-inches of new bituminous pavement.
All of the roadways will be repaved to match the existing roadway widths. Existing
curb and gutter will remain in place, with the exception of isolated areas that need
repairs to replace damaged or sunken curb.
All sidewalk curb ramps will be upgraded to meet latest American with Disabilities
Act (ADA) standards as part of the project.
Pathway Improvements:
The existing pathway on Roselawn Avenue between Cleveland and Fairview is
deteriorated and needs improvement. The recommended improvement is to reclaim
the existing pavement, regrade, and repave the pathway in its existing location.
Parking modifications:
NO parking changes are associated with this project.
Storm Drainage and Storm Water Quality Improvements:
In order to address street flooding that has occurred around 2137 Folwell, storm
sewer modifications will occur. Additional catch basins will be installed to provide
more inlet capacity and the pipe downstream will be upsized from 12 inch RCP to
24” RCP.
Other storm drainage system improvements are relatively minor and include
maintenance on selected storm sewer manholes and catch basins.
Sanitary Sewer System Improvements:
The sanitary sewer system improvements are relatively minor and include
maintenance on selected manholes. The majority of the sanitary sewer was lined
previously.
Water System Improvements:
The water system is owned and operated by St. Paul Regional Water Services. They
will be replacing any old cast iron watermain with new 8-inch ductile iron
watermain as part of the project. New hydrants will also be installed. All costs of the
watermain and any additional street or curb work associated with the watermain
work will be paid by SPRWS.
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
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City’s portion of the project.
· Expenditure of utility fund dollars to pay for repairs needed to the existing
utility system.
Attachment(s) · Resolution 16-41 Ordering Improvement and Preparation of Plans and
Specifications for the 2017 Pavement Management Project
Action(s)
Requested
Hold Public Improvement Hearing, and Adopt Resolution Ordering Improvement
and Preparation of Plans and Specifications for the 2017 Pavement Management
Project.
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
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RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2017 PAVEMENT MANAGEMENT PROJECT WHEREAS, pursuant to resolution of the City Council adopted October 12, 2016, fixed a date
for a council hearing on the 2017 Pavement Management Project, the proposed improvement of
the following streets:
◦ Folwell Ave, from Fulham St to Hoyt Ave
◦ Vincent St, from Hoyt Ave to Folwell Ave
◦ Northrup Ave, from Hoyt Ave to Folwell Ave
◦ Burton St, from Hoyt Ave to Folwell Ave
◦ Coffman St, From Hoyt Ave to Larpenteur Ave WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given,
and the hearing was held on December 14, 2016, at which all persons desiring to be heard were
given an opportunity to be heard thereon.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the City Council resolution adopted
December 14, 2016. 3. The City of Roseville Engineering Department is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement.
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Moved by: Approved by: ________________________ Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh
HARRIS ____ Against City Administrator FISCHER GUSTAFSON
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Outstanding Invoices for City Services
Description
From time to time, the City is required to abate code violations because a property
has refused to remedy a code violation. At which time, with proper notice, the City
has the authority to abate the code violation. If the invoice is not paid to the City on
a timely manner, the City has the right to assess the outstanding invoice to the
property and if not paid, the cost of abatement be put on their taxes.
This is not the first time that the City has had to put the cost of abatement on a
property owner’s property taxes. The City has assisted with private tree removals
because the tree created a threat to the health and safety of the property owner and
the public. In this example, the property owner requested that the cost of the tree
removals be put on her taxes.
There are two properties to be assessed for 2016, payable in 2017:
Property Owner(s) Property Address Parcel ID # Assessment Amount
Karen M. Greiner 1354 California Ave W 222923210071 $237.76
Kathryn J. Gutzmann 1771 Arona Street 152923330064 $2,0000.00
Budget Impact The impact to the budget has been very minimal this year, but there could be a
potential affect if we had abated more properties.
Attachment(s) · Assessment Roll – Exhibit A
· Resolution 16-42 Approving the Assessment Roll for Outstanding Invoices for
City Services
Action(s)
Requested
Staff recommends that the Council approves the attached resolution which would
authorize staff to certify outstanding invoices for City services to Ramsey County to
be put on the property owner’s taxes.
Meeting Date December 14, 2016
Agenda Item Public Hearing E3
Attachment Assessment Roll
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
No. 16-42 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR OUTSTANDING INVOICES FOR CITY SERVICES WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for Outstanding Invoices for City Services; and WHEREAS, the City Council has the authority per City Code to apply an assessment for outstanding Invoices for City Services of property clean-up to the benefitting property owner.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto as “Exhibit A” and made a part
hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in one year. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Falcon Heights City Council this 14th day of December, 2016.
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Moved by: Approved by: ________________________
Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON
Page 51 of 153
“Exhibit A”
Property Owner(s) Parcel ID # Address Amount
Karen M. Greiner 222923210071 Plat: Northhome
Legal Description: Lot 3 Block 4
1354 California Ave W, Falcon Heights, MN 55108
$237.76
Kathryn J. Gutzmann 152923330064 E ½ of Vac Alley Adj And S 5 Ft of Lot 5 and All of Lot 6 Blk 6
1771 Arona Street, Falcon Heights, MN 55113
$2,000.00
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 12/07/16 $180, 199.71
Payroll through: 11/30/16 $37,080.94
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 December 14, 2016
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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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 Municipal Business License for 2017.
Staff has received the necessary documents for licensure.
1. Warner’s Stellian Co., Inc.
2. Minnesota Association of Secondary School Principals
3. Central Pediatrics, P.A.
4. Technological and Information Educational Services (TIES)
5. Falcon Heights Gas Convenience, Inc.
6. Northern Tier Retail LLC dba Super America #4353
7. John A Knutson & Co., PLLP
8. Association of Metropolitan School Districts
9. James Kernik, D.D.S.
10. H1 HH MN Inc dba Honest 1 Auto Care Hamline Hoyt
11. Spire Credit Union
12. National Youth Leadership Council
13. Merwin Liquors
14. The Art, LLC
15. TyCo Inc, dba Fish Window Cleaning
16. Eighty Eight Notes School of Music
17. The F.I.T. Lab
18. Videfi Corp dba Curves
19. Metro Nation of IL LLC dba Metro PCS
20. Bie Grand Enterprises Inc dba Hermes Floral
21. DM Massage / Coffman Ct
22. The Good Acre
23. Out on a Limb Dance Studio
24. American Family Insurance
25. Minnesota Eye Consultants, PA
26. DZ LLC dba Snap Fitness
The following individuals have applied for a Restaurant License for 2017. Staff has
received the necessary documents for licensure.
1. Stouts Pub
2. New Fresh Wok, Inc
3. Di Vo Jac Inc., dba Dino’s Gyros
Meeting Date December 14, 2016
Agenda Item Consent F2
Attachment N/A
Submitted By Tim Sandvik, Deputy Clerk
Page 79 of 153
4. Usrocks LLC, dba Underground Music Café
5. STP JJ Team LLC dba Jimmy John's
The following individuals have applied for Liquor Licensure for 2017. Staff has
received the necessary documents for licensure. Upon city approval, the
application(s) will be forwarded for State of Minnesota approval.
1. Stouts Pub
2. New Fresh Wok, Inc
3. Di Vo Jac Inc., dba Dino’s Gyros
4. Merwin Liquors
5. Usrocks LLC, dba Underground Music Cafe
The following individuals have applied for a Refuse/Recycler’s License for 2017.
Staff has received the necessary documents for licensure.
1. Republic Services dba Allied Waste Services of the Twin Cities
2. Gene’s Disposal Services Inc.
3. Waste Management of Minnesota, Inc
4. Keith Krupenny & Son Disposal Service, Inc.
5. Aspen Waste Systems, Inc.
6. Tennis Sanitation, LLC
7. Advanced Disposal Services
8. Walter’s Recycling and Refuse, Inc
The following individuals have applied for a Bus Bench License for 2017. Staff has
received the necessary documents for licensure.
1. United States Bench Corporation
The following individuals have applied for a Therapeutic Massage License for 2017.
Staff has received the necessary documents for licensure.
1. Ferencz-Mihaly Vinncze-Turcean
2. DM Massage/Coffman Ct – Diane Marshman
3. Ruth S Atherly
The following individuals have applied for a Tobacco License for 2017. Staff has
received the necessary documents for licensure.
1. Falcon Heights Gas and Convenience, Inc.
2. Northern Tier Retail LLC dba Super America #4353
3. Merwin Liquors
The following individuals have applied for a Home Occupation License for 2017.
Staff has received the necessary documents for licensure.
1. The Touch-Up Artist, Inc.
2. David L Wasson Graphic Design
3. Pamela M. Harris, PLLC
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Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the 2017 City
License Applications.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2017 Proposed City Fee Schedule
Description
Each year the City Council is required to approve a fee schedule that identifies the
various fees charged by the City. Staff reviews these fees each year to ensure that
the costs charged cover the City’s expenses and so they are competitive with other
cities of comparable size.
Budget Impact These fees will be incorporated in the 2017 budget.
Attachment(s) · 2017 Proposed Fee Schedule
· Resolution 16-43 Adopting the 2017 City Fee Schedule
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the attached
resolution and fee schedule.
Meeting Date December 14, 2016
Agenda Item Consent F3
Attachment Fee Schedule and Resolution
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS Exhibit A Proposed 2017 Fee Schedule A. LICENSES
1. Business Licenses
Item Fee
Bus Benches (Courtesy) $ 25.00 per bench
Filling Stations
Less than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00 General Business $ 50.00 Pool Halls $ 800.00 Precious Metal Dealer Investigation fee/general $1,500.00 Investigation fee/MN only $ 500.00 License fee $2,000.00 Restaurants Lunchroom $ 50.00 Less than 15 hours $ 100.00 15-20 hours $ 400.00 20 hours or more $ 500.00 Therapeutic Massage License
Investigation fee $ 350.00
License fee $ 100.00
2. Liquor Licenses
Item Fee
Bottle Club $ 300.00
Liquor, Off-Sale $ 310.00
Liquor, On-Sale $4,000.00
Liquor, Special Event $ 25.00
Liquor, Sunday $ 200.00
Malt Beverage, Off-Sale $ 150.00
Malt Beverage, On-Sale $ 500.00
Malt Beverage, On-Sale (with wine license) $ 1.00 Wine License $2,000.00 Temporary Liquor License $ 50.00 Background Checks (per license) $500.00 3. Other Licenses Item Fee Amusement machines (per machine) $ 30.00 Cigarette sales $ 250.00 Contractor licenses $ 35.00 Itinerant salespersons & solicitors (for profit only) $ 25.00
(Charitable) Free
Pool tables (per table) $ 30.00
Refuse Haulers $100.00
Rental License $ 50.00
Re-inspection (due to initial failure) $ 50.00
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B. PERMITS
1. Building permit fees:
Total Valuation
$1.00 - $500.00 $25.00
$501.00 - $2,000.00 $25.00 for first $500, $3.25/each additional $100, to and including $2000
$2,001.00 - $25,000 $73.75 for first $2000, $14.75/each additional $1000, to and
including $25,000
$25,001.00 - $50,000 $413.00 for first $25,000, $10.75/each additional $1000, to and
including $50,000
$50,001.00 - $100,000.00 $681.75 for first $50,000, $7.50/each additional $1000, to and including $100,000.00
$100,001.00 - $500,000.00 $1,056.75 for first $100,000, $6.00/each additional $1000, to and
including $500,000
$500,001.00 - $1,000,000.00 $3,456.75 for first $500,000, $5.00/each additional $1,000, to and including $1,000,000
$1,000,001 and up $5,956.75 for first $1,000,000, $4.00/each additional $1,000
Other Inspections and Fees:
1. Inspections outside of normal business hours $47.00 per hour1 (minimum charge – two
hours)
2. Re-inspection fees assessed under provisions of Section 305.8 $47.00 per hour1
3. Inspections for which no fee is specifically indicated $47.00 per hour1 (minimum charge
– one-half hour)
4. Additional plan review required by changes, additions or revisions to plans $47.00 per
hour1 (minimum charge – one-half hour)
5. For use of outside consultants for plan checking and inspections, or both actual costs2
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall
include supervision, overhead, equipment, hourly wages, and fringe benefits of the
employees involved.
2Actual costs include administrative and overhead costs. *Building Permits are subject to the State Surcharge
2. Relocation of structure or building: $150.00
3. Demolition or removal of structure: $1.25/1,000 cubic ft; minimum $50.00
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4. Mechanical permit fees
a. Residential Work
Base Fee $30.00
Gas Piping
$10.00 $500 valuation or less (repair or installation)
$ 6.00 Each additional $500 cost of repair or installation
Gas or oil fired furnaces or boilers
$25.00 First 100,000 BTU input or less.
$ 5.00 Each additional 100,000 input or fraction thereof.
Warm air or hot water heating system $30.00 First 100,000 BTU input for construction, installation, alteration, or replacement of each warm air furnace duct work or hot water system per unit. $ 6.00 Each additional 100,000 BTU input or fraction thereof. $20.00 First 100,000 BTU input per unit on unit heaters $ 5.00 Each additional 100,000 BTU input or fraction thereof. Air conditioning $30.00 First 5 tons (60,000 BTU) of air conditioning per unit or of
cooling for duct work for air conditioning.
$ 6.00 Each ton (12,000 BTU) or fraction thereof over first 5 tons for
duct work or air conditioning.
Other Items
$35.00 Wood burning furnace per unit
$35.00 Swimming pool heater per unit
$25.00 Air exchanger with duct work per unit
$25.00 Gas or oil space heater per unit
$25.00 Gas direct vent heater per unit
$25.00 Gas fireplace log or heater per unit
$25.00 Gas hot water heater for domestic hot water
b. Commercial Work Gas piping, refrigeration, chilled water, pneumatic control, ventilation, exhaust, hot water, steam, and warm air heating systems. This fee shall be $50 plus 1-1/4 percent (1.25%) of the total valuation of the work. Value of the
work must include the cost of installation, alteration, addition, and repairs, including fans,
hoods, HVAC units and heat transfer units, and all labor and materials necessary for installation. In addition, it shall include all material and equipment supplied by other sources when those materials are normally supplied by the contractor.
5. Plumbing Permit Fees.
$30.00 base fee plus $7.00 per fixture installed
6. Sewer Connection or Repair $50.00
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7. Water Connection
Meter Size Fee
3/4" $ 62.00
1" $ 115.00
1-1/2" $ 265.00
2" $ 470.00
3" $1,080.00
8. Street Opening Fee $25.00 (plus cost of permit)
9. Fence Permit Fee $40.00
10. Residential Driveway Permit Fee $40.00
11. Commercial Driveway Permit Fee Subject to Building Permit Fees 12. Temporary Sign Permit $30.00 13. Permanent Sign Permit $50.00 14. Dumpster Permit $ 20.00 (30 days) $10.00 (14 days) (Dumpster permits can be renewed once)
C. PLANNING FEES* Item Fee Comprehensive Plan Amendment $ 500 Conditional Use Permit $ 500 Design Review (when required by code) $ 50 Lot Split (one lot into two) $ 500
Planned Unit Development $ 500
Rezoning/Zoning Amendment $ 500
Subdivision (>1 new lot) $ 500+ $ 100.00/lot created
Variance $ 500
*Fee plus actual cost billed by contractors or city consultant fees.
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D. FACILITY RENTAL FEES
Private use of public facilities is permitted on a space available basis. Reservations and damage deposits are required for private use of the following community facilities. Discounted rates are available for weekly
bookings: Park and Facility Rental Fees
* For park building rentals there is a $400$200 damage deposit (or as determined by the City Administrator) required that needs to be made in a separate form than the payment. Deposit will be refunded upon return of the key and inspection of the park building. * Key pick up is two days prior to scheduled event and can be picked up at City Hall Monday –Friday 8:00am-4:30pm, (Summer hours: 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon Memorial Day- Labor Day) * Keys can be dropped off at the key box located on the city hall building (near the front doors ) or during City Hall office hours. * Park building rental permits will be issued when payment is received. Holding reservations without payment is not accepted. *If you plan on bringing any equipment (i.e. inflatable devices, dunk tanks etc.) into the park you must disclose this to a city employee during the reservation process. The city may require documentation such as: a hold harmless agreement or certificate of insurance
naming the city has an additional insured.
Venue Amenities included
in rental
Half Day
9am-3pm
4pm-10pm
Full Day
9am-10pm
Community Park Building and Upper Picnic Area 2050 Roselawn Ave.
(corner of Roselawn and
Cleveland)
Park Building Full Kitchen (stove, oven, frig/freezer, sink, microwave) Tables and Chairs
Inside Bathrooms
2 BBQ Grills
9 Outdoor picnic tables
Parking lot (50) and off
street parking
-
$150 plus Tax
East Picnic Area (near playground)
2 Picnic Tables
Trash receptacles
Portable bathroom
Parking lot (50) and off street parking
$20.00 + Tax
$35.00 + Tax
Lower Picnic Area (Southwest corner of park)
2 Picnic Tables
1 BBQ Grill Trash receptacles Portable bathroom Parking lot (50) and off street parking
$20.00 + Tax
$35.00 + Tax
Curtiss Field Building and Picnic Shelter
1551 W. Iowa Ave.
Park building Inside Bathrooms Playground Basketball hoop and half
court
2 picnic tables
Portable bathroom
Parking lot (10) and off street parking
Not Available
-
Not Available
-
Rentals: Play Kit
Play kit variety of balls,
frisbees, and other play
equipment
$15.00 + Tax
Set up/Tear Down
$25.00
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City Hall Rental Fees
City Hall Capacity Rates (3 hours)
Hours must fall
within half/full
hours
Half Day 9am-3pm
4pm-10pm
Full Day 8am-10pm
Council Chambers Full Room (includes kitchen facility)
150 75- Seated
$115.00
$175.00
$250.00
Council Chambers Front Half
75
30 Seated
$50.00 $100.00
$150.00
Council Chambers
Back Half
75 30 Seated
$50.00
$100.00
$150.00
Kitchen Facility
10
6 Seated
$25.00
$50.00
$50.00
Conference Room
8 maximum
$30.00
$60.00
$100.00
Set Up Fee Excludes governmental entities
$25.00
* For city hall rentals there is a $200 damage deposit required that needs to be made in a separate form than the payment. Deposit will be refunded upon return of the key and inspection of the park building. * Key pick up is two days prior to scheduled event and can be picked up at City Hall Monday –Friday 8:00am-4:30pm, (Summer hours: 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon Memorial Day- Labor Day) * Keys can be dropped off at the key box located on the city hall building (near the front doors) or during City Hall office hours. * Building rental permits will be issued when payment is received. Holding reservations without payment is not accepted. * CITY HALL CANNOT BE RENTED FOR PRIVATE SOCIAL GATHERINGS.
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Field/Court/Rink Rental Fees
You may rent Community Park’s soccer field, tennis courts or basketball courts
and Curtiss Field’s ice rink (seasonal). Discounted rates are available for weekly bookings.
Renters Fee (3 hr. block time) Fee Seasonal 3 hr block time April-October Consecutive times in one week
Additional Hours
Resident $20+ tax - $10 + tax
Non Resident $30+ tax - $10 + tax
Youth Organizations ages 2-18 (must be open to serving residents of
Falcon Heights)
$20+ tax 2 day: $35 3 day: $50 4 days: $65 5 days or more: $80
$10 + tax
Adult Organizations $30+ tax 2 day: $40 3 day: $55 4 days: $70 5 days or more: $85
$10 + tax
Striping a soccer field At City Cost case by case basis
Fees apply only for games and practices. Tournaments or special events/services are subject to additional fees. Field rental permits will be issued when payment is received. Disclaimer: All short term rentals (1-5 times) entitle the customer to use of the field as is: anything additional
will be the customer’s responsibility (i.e. striping the field or providing bases.) Special request of
services will be dealt with on a case by case basis and may include extra fees. All requests should
be discussed with the Parks and Recreation Department at 651-792-7617.
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E. FACILITY USE BY PUBLIC SERVICE ORGANIZATIONS
1. Public facilities are available for use on a reservation basis.
2. The following shall be allowed use of public facilities but set up/tear down fees apply:
a. Specifically listed local organizations:
· League of Women Voters
· Senior Citizen Groups (Falconeers, Roseville Area Seniors)
· Ramsey County League of Local Governments
· League of Minnesota Cities/Association of Metropolitan Municipalities
· Watershed management organizations
· Scouts, Brownie Troops, 4-H, Campfire
· Neighborhood Groups (e.g. Grove Association, Maple Knoll Courtyard Homeowner’s Association)
· 55 Alive Mature Driving Class
· Cable Commission
· Developers when presenting to neighbors
· Legislators for informational (non-campaign) meetings, except after the filing date and before the November election of a legislative election year unless requested by
a majority of the city council
· Northwest Youth and Family Service
· Lauderdale and Falcon Heights Lions Club
· Roseville Rotary Club
· Party Precinct caucuses, legislated district conventions and county conventions
under the requirements of MN State Statute 202A.192
· AARP Tax Services
· Hobby groups or clubs that meet the following criteria:
o Falcon Heights based (A minimum of 25% of on-going members or
participants are Falcon Heights residents).
o Non-profit
o Open membership
o Founded on a hobby
o Actively reaches out to include people of different ages, especially youth, to
encourage intergenerational exchanges of information
o Encourages a community service and/or benefit component
· Falcon Heights neighborhood or community groups whose activities are open to all and for the sole purpose of developing, fostering and strengthening neighborhood and community well-being. b. Any organization that meets the above guidelines yet uses a facility more than twice a year shall be charged $100 per year.
c. The organization or group cannot be a private, business, political, or religious organization.
d. Any organization denied free use under this policy as defined in this section may
appeal to the city council.
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F. MISCELLANEOUS FEES. Item Fee
Agendas (Council or Planning) 1 $15.00/year
City Council Minutes1 $35.00/year
Planning Commission Minutes1 $20.00/year
Single copies $ .25 + tax/page for first 100 pages
Assessment search $20.00
Maps $ 6.50
Open burning permit $25.00
(no charge for recreational fires)
Returned Check Fee $25.00 1 The charges apply only when hard copies are mailed. These documents can be viewed free of charge on the website or at City Hall.
G. FALSE ALARM FEES 1. Fire False Alarms $175.00 for second false alarm and $225.00 for the third and all subsequent false alarms at an address within one calendar year. 2. Security False Alarms $60.00 for second call and $75.00 for the third and each subsequent false alarm at an address within one calendar year. 3. Penalties and Assessment Penalties for late payment and assessment of unpaid fees are the same as
stipulated for unpaid utility fees in the city code.
H. VEHICLE EMERGENCY RESPONSE The fee for emergency personnel response to accidents is $350.00/vehicle.
I. PARKING FEES
Item Fee
Application fee to designate “residential area” permit parking $ 200.00
Annual residential area parking permits
First two vehicles $ 15.00/vehicle
Third and subsequent vehicles $ 25.00/vehicle
Lost permit replacement $5.00
Temporary parking permit (up to 3 weeks) $ 3.00/vehicle Temporary parking permit for 5 or more vehicles for a one-time/ one-day event $ 25.00/event Mobile Storage Structure (up to 72 hours) $ 10.00
J. RENTAL HOUSING RE-INSPECTIONS $50.00 for third and subsequent inspections
K. SANITARY SEWER The sanitary sewer fee for residential units is $31.75 $33.25 per quarter plus $0.0207896 $0.0217667 per cubic foot of water usage during the months of November – January. For apartment units, the rate will be $31.75 $33.25/unit/quarter plus $0.0207896 $0.217667per cubic foot of water used in November. For residential units, this will serve as the maximum fee for other quarters throughout the year, but the actual amount billed may be lower depending on water usage. For commercial units, the fee is $0.0207896 $0.0217667 per cubic foot of water usage during each month.
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L. STORM DRAINAGE The fee for storm drainage is $22.00 $23.75 per quarter for residential units and $205.32 $219.28
per acre for commercial and apartment units.
M. HYDRANT WATER
The fee for hydrant water is 6% surcharge of the water bill.
N. RECYCLING
The recycling charge is $9.75 per quarter for residential units.
O. STREET LIGHTING The street lighting fee is $6.00 per quarter for residential units and $0.02 per lineal foot frontage for commercial properties monthly.
P. FEES FOR UNSPECIFIED REQUESTS A private party or public institution (hereinafter applicant) making a request to the City for approval of a project or for public assistance must cover the City's consultants' costs associated with reviewing the request. Prior to having the request considered by the City, the applicant must deposit an escrow fee in an amount that is estimated to cover the City's consultants' costs as determined by the City Administrator. If the City's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The City shall use the applicant's fees to cover the City's actual consultants' costs in reviewing the request
regardless of the City's action on the applicant's request. If the applicant's escrow fees
exceed the City's actual consultants' costs for reviewing the request, the remaining escrow
fees shall be refunded to the applicant.
Q. SNOW AND ICE REMOVAL $100/Hour with a minimum of $100
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
No. 16-43 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
A RESOLUTION APPROVING THE 2017 CITY FEE SCHEDULE WHEREAS, City Staff reviews the fee schedule to make sure that the fee reflects staff cost and that the fee is competitive; WHEREAS, the recommended changes are reflected on the attached 2017 Proposed City Fee Schedule labeled as “Exhibit A”. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota
approves the 2017 Fee Schedule as attached as “Exhibit A”.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of 2017 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 The monthly retainer will not change and has been included in the 2017 operating
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 2017.
Meeting Date December 14, 2016
Agenda Item Consent F4
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
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 2017 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 2017.
Meeting Date December 14, 2016
Agenda Item Consent F5
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
Page 100 of 153
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
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, Jesse Freihammer, as the City Engineer for 2017.
Budget Impact Funds have been allocated in the 2017 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends the approval of Jesse Freihammer and the City of Roseville
Engineering Department as City of Falcon Heights’ Engineer for 2017.
Meeting Date December 14, 2016
Agenda Item Consent F6
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
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 2017 Budget.
Attachment(s)
Action(s)
Requested
Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City Auditor
for 2017.
Meeting Date December 14, 2016
Agenda Item Consent F7
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
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 2017 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 2017 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 2017.
Meeting Date December 14, 2016
Agenda Item Consent F8
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
Page 106 of 153
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2017 Cost of Living Adjustments (COLA)
Description
As part of the 2017 Budget process, employee salaries are adjusted based on various
factors, one of which is a cost-of-living adjustment (COLA). Incorporated into the
approved 2017 budget is a 3% increase for all employees, including the City
Administrator.
Budget Impact The 3% COLA is incorporated into the approved 2017 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 2017 as reflected in the approved 2017 Budget.
Meeting Date December 14, 2016
Agenda Item Consent F9
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2016 Year End Budget Amendment and Transfers
Description Sometimes, at the end of the year, budget amendments and transfer of funds need to
be made to improve the financial statements for year end. Staff recommends the
following amendments and transfer of funds.
The Infrastructure Fund #419 includes engineering expenses for the 2017 street
project that was not budgeted in the 2016 budget. Staff recommends increasing the
budget line item 419-4419-92059 for the 2017 street project by 40,000 to allow for
current expenditures and any projected engineering expenses yet to be completed in
2016.
In the Parks/PW Capital Fund (403) there is a portion of the fund that holds
restrictive funds from park dedication fees and friends of the park donations.
During 2016 a new rooftop furnace unit and four outside entrance doors to city hall
needed to be replaced. The unrestricted portion of the fund needs to replenished.
Staff recommends transferring $40,000 from Sanitary Sewer to the Parks/PW
Capital fund with the following accounts and budget amendments:
Fund Name Fund Number Amount
Parks/Public Works 403-39200-000 $40,000
Sanitary Sewer 601-4601-97000 $40,000
Budget Impact Amend budget line item amounts as listed above. Budget and approve a transfer of
funds from Sanitary Sewer to Parks/PW capital
Attachment(s) NA
Meeting Date December 14, 2016
Agenda Item Consent F10
Attachment N/A
Submitted By Roland Olson, Finance Director
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Action(s)
Requested Staff recommends amending the budget line items as recommended above. Staff
recommends approving a transfer of funds from Sanitary Sewer to Parks/PW
capital account to maintain the required restrictive fund portion of the fund.
Page 110 of 153
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Bureau of Criminal Apprehension (BCA) Joint Powers Agreement
Description
The Minnesota Bureau of Criminal Apprehension (BCA) has requested that the City
of Falcon Heights adopt a new Joint Powers Agreement (JPA). These agreements
are for five year periods and are required by state statute.
For the most part this agreement is simply to meet statutory requirements since all
of our dealings with the BCA are conducted through the St. Anthony Police
Department, which has their own JPA.
Budget Impact None
Attachment(s) · Resolution 16-44 Approving the State of MN Joint Powers Agreements with
the City of Falcon Heights on Behalf of its City Attorney
· Court Data Services Subscriber Amendment to CJDN Subscriber Agreement
· State of MN Joint Powers Agreement Authorized Agency
Action(s)
Requested
Staff recommends that the Falcon Heights City Council adopt attached resolution
approving a Joint Powers Agreement with the Bureau of Criminal Apprehension
and authorize the City Administrator and Mayor to sign all necessary documents.
Meeting Date December 14, 2016
Agenda Item Consent F11
Attachment Resolution & Agreements
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
No. 16-44
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF FALCON HEIGHTS ON BEHALF OF ITS CITY ATTORNEY WHEREAS, the City of Falcon Heights on behalf of its Prosecuting Attorney desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice
data communications network for which the City is eligible. The Joint Powers Agreement
further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Falcon Heights, Minnesota as
follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City
of Falcon Heights on behalf of its Prosecuting Attorney, are hereby approved. Copies of the
Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Prosecuting Attorney, Katrina Joseph, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the State of
Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Sack Thongvanh, City Administrator is appointed as the Authorized Representative’s designee.
3. That Peter Lindstrom, the Mayor for the City of Falcon Heights, and Sack Thongvanh, the City Administrator/City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the Council on this 14th day of December, 2016.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER
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COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Falcon Heights on behalf of its Prosecuting Attorney
(“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 117723, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement.
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a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including:
i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein.
ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy.
iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations.
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f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
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required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
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e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
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10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the
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BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
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hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby.
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1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution.
Name: _______________________________________ (PRINTED) Signed: _______________________________________
Title: ________________________________________ (with delegated authority) Date: ________________________________________ Name: _______________________________________
(PRINTED) Signed: _______________________________________
Title: ________________________________________ (with delegated authority) Date: ________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
Name: ____________________________________________ (PRINTED) Signed: ___________________________________________
Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division
By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________
Title: _____________________________________________ (with authorized authority) Date: _____________________________________________
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SWIFT Contract # 117723
MN062111A
SWIFT Contract # 117723
MN062111A
SWIFT Contract # 117723
MN062111A
SWIFT Contract # 117723
MN062111A
SWIFT Contract # 117723
MN062111A
SWIFT Contract # 117723
MN062111A
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Grant Heitman to the Falcon Heights Volunteer Fire Department
Description
Grant Heitman submitted an application to the Fire Department because of his
interest in public safety. Fire Department personnel have reviewed his application
and interviewed Mr. Heitman. The Department would recommend the
appointment of Grant Heitman.
Mr. Heitman will have two years to complete the necessary training and education
before he will be an official volunteer firefighter.
Budget Impact N/A
Attachment(s) · Resolution 16-45 Appointing Grant Heitman to the Falcon Heights Volunteer
Fire Department
· Bio – Introduction Letter
Action(s)
Requested
Staff would recommend approval of resolution and appoint Grant Heitman to the
Falcon Heights Volunteer Fire Department.
Meeting Date December 14, 2016
Agenda Item Consent F12
Attachment Resolution & Bio
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
No. 16-45 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING GRANT HEITMAN TO THE FALCON HEIGHTS VOLUNTEER FIRE DEPARTMENT WHEREAS, the City of Falcon Heights has a Volunteer Fire Department and continues to advertise for people interested in serving the City of Falcon Heights; and WHEREAS, the City received an application from Grant Heitman regarding his interest to serve on the Fire Department; and WHEREAS, the Fire Department conducted an interview and would recommend that the Council appoint Grant Heitman to the Falcon Heights Volunteer Fire Department. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Grant Heitman will have two years from the approval of the resolution to complete the necessary training and education before he will be an official volunteer firefighter. 2. That the appointment is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh
HARRIS ____ Against City Administrator
FISCHER GUSTAFSON
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Grant W. Heitman!
!
I was born in LaCrosse,WI and grew up in Winona, MN where I graduated High School.!
I then attended Lake Superior College in Duluth, MN where I earned an Associates in
Applied Science degree in Fire Technology and Administration. After graduating, I was
hired by the Winona Fire Department as a Firefighter/EMT-B. After 5+ years, I was hired by
Sioux City Fire and Rescue as a Firefighter/EMT-B where I worked for the better part of
one year. I then worked for two years as a police officer in Walthill, NE. Wanting to come
home to MN, I took a position with BNSF railroad as a Conductor out of Minneapolis for
one year before being hired as a Fire Inspector with the city of Saint Paul in January of 2014.
I would like to apply the knowledge and skills I’ve learned in the fire service as a firefighter
for the city of Falcon Heights.!
!
Thank you for your consideration.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Purchase Sweeper from the City of Little Canada
Description
In 2009, the City entered into a street sweeper purchase joint powers agreement
with the City of Little Canada. The total cost of the street sweeper was $174,589.72.
The City of Falcon Heights’ portion (34.63% as based upon lane miles) was
$60,442.96 and the City of Little Canada’s portion (65.37% as based upon lane miles)
was $114,146.76.
Based on the Joint Powers Agreement, the City of Little Canada was responsible for
housing and insuring the street sweeper.
Many people in the general public think the only reason to sweep streets is for
aesthetics. In other words, our city streets look better without trash. Although that
may be true, there are other added benefits to street sweeping.
1. Storm Water Runoff Management - Grass clippings/yard waste, garbage,
construction debris and many other items find their way onto our streets and
usually accumulate in the gutters. When it rains much of this debris is
washed into our storm drains where it will eventually cause significant
blockages and may cause flooding that affects roadways and homeowners.
2. Environmental Conservation - A less visible but important element to street
sweeping is the
removal of metals and other hazardous waste particles from the roadway
and gutter. These materials make their way into our creeks, streams, rivers
and lakes via storm water runoff. Once there they may impact fish and
wildlife, livestock and humans.
3. Regular sweeping prevents harmful bacteria from growing and spreading.
Road trash contains organic compounds, a breeding ground for bacteria,
which can be dangerous for both humans and animals.
4. Clean and clear pavement protects the public. When street gutters become
filled with debris, they can potentially cause vehicles to spin out or collide.
Sidewalks filled with debris can be dangerous for pedestrians and cyclists
because they may be forced to swerve into the road to avoid big objects, mud,
Meeting Date December 14, 2016
Agenda Item Consent F13
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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or other trash. Regular sweeping can take care of these safety hazards.
5. Allow the City more opportunities to maintain the porous asphalt in front of
City Hall.
Budget Impact The purchase of the street sweeper is budgeted for in 2017 Budget. The storm sewer
fund will be used.
Attachment(s) N/A
Action(s)
Requested Motion to approve the purchase of the Street Sweeper from Little Canada not to
exceed $70,000 and end the equipment purchase and share joint powers agreement.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Charitable/Lawful Gambling License for Falcon Heights Elementary PTA
Description
For the past several years the Falcon Heights Elementary PTA has held a
fundraising raffle a part of their annual carnival event. Because the total value of the
prizes is expected to be over $1,500, an exempt permit to conduct lawful gambling
activity is required. The PTA is requesting that the City approve their application
with no waiting period. They are making the request now for the carnival in
February so that they can begin printing and selling raffle tickets as soon as possible.
If Council chooses to approve the charitable gambling application, the City would
then need to sign the LG220 Application Form completed by the applicant and
forward it to the Minnesota Gambling Control Board for review and final approval.
Budget Impact N/A
Attachment(s) · Falcon Heights Charitable/Lawful Gambling License Application
Action(s)
Requested
Staff recommends that Council approve the exemption charitable gambling
application for Falcon Heights Elementary PTA to conduct lawful gambling activity
at their annual carnival.
Meeting Date December 14, 2016
Agenda Item Consent F14
Attachment City’s Charitable Gambling Application
Submitted By Tim Sandvik, Deputy Clerk
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item State Aid Project (TH 51) No. 062-630-065 & State Project No. 6216-127
Description
See letter from MnDOT.
Budget Impact The project is included in the 2017 Proposed Budget.
Attachment(s) · Resolution 16-46 Approving Agreement No. 1027045 Between MnDOT and
The City of Falcon Heights for State Aid Project No. 062-630-065 and State
Project No. 6216-127
· Letter from MnDOT
· Cooperative Construction Agreement
Action(s)
Requested
Motion to approve attached resolution and authorize the Mayor and City
Administrator execute all necessary documents. The approve by Council is only
for document execution. The City Administrator is authorized to determine final
project cost and agreement.
Meeting Date December 14, 2016
Agenda Item Consent F15
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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MnDOT Contract No: 1027045
-1-
Receivable Lump Sum (Municipal Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF FALCON HEIGHTS
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (S.P.): 6216-127 Estimated Amount Receivable
Trunk Highway Number (T.H.): 51=125 $13,096.08
State Aid Project (S.A.P.): 062-630-065
Federal Project No. STPF 6217 (131)
Lighting System Feed Point No. "City"
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
City of Falcon Heights acting through its City Council ("City").
Recitals
1. The State will perform bituminous and concrete surfacing, concrete pavement rehabilitation and ADA
improvements construction and other associated construction upon, along and adjacent to Trunk Highway No. 51 from Como Avenue to Trunk Highway No. 36 according to State-prepared plans, specifications and special provisions designated by the State as State Aid Project No. 062-630-065 and State Project
No. 6216-127 (T.H. 51=125)("Project"); and
2. The State requests the City participate in the costs of the relocation and installment of the lighting system construction along County State Aid Highway No. 30 (Larpenteur Avenue west) and the City is willing to participate in the costs of said construction and associated construction engineering; and
3. A separate Agreement No. 1027030 between the State and Ramey County will address the right turn lane construction; and
4. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules
for utilities on trunk highways; and
5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the
State as State Aid Project No. 062-630-065 and State Project No. 6216-127 (T.H. 51=125) are on file in the
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MnDOT Contract No: 1027045
-2-
Receivable Lump Sum (Municipal Agreements)
office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement
by reference. ("Project Plans")
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision and Inspection of Construction.
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans.
B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the
contract construction to be performed and completed in a satisfactory manner.
B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made.
C. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract construction.
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction.
2.5. Replacement of Castings. Adjustments to certain City-owned facilities, including but not limited to, valve
boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor.
3. Maintenance by the City.
Upon completion of the project, the City will provide the following without cost or expense to the State:
3.1. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State.
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MnDOT Contract No: 1027045
-3-
Receivable Lump Sum (Municipal Agreements)
3.2. Sidewalks. Maintenance of sidewalk construction between Hoyt Avenue west and County State Aid
Highway No. 30 (Larpenteur Avenue west) on the east side of Trunk Highway No. 51, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk
markings, vegetation control of boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition.
3.3. Lighting. Maintenance and ownership of the lighting facilities construction along County State Aid Highway No. 30 (Larpenteur Avenue west). Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution
system, Gopher State One Call (GSOC) locates and painting of poles and other equipment. The City will be responsible for the hook up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility.
4. City Cost and Payment by the City
4.1. City Cost. $13,096.08 is the City's full and complete lump sum cost for the relocation and installment of the lighting construction. $12,126.00 construction, and $970.08 for construction engineering.
4.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount after the following conditions have been met:
A. Execution of this Agreement and transmittal to the City.
B. The City's receipt of a written request from the State for the advancement of funds.
4.3. Additional City Requested Work
Upon completion of all contract construction and upon computation of the final amount due the State’s
contractor and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare an invoice and submit a copy to the City. The invoice will be based on final quantities of any additional City requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City will be final, binding and conclusive.
5. Authorized Representatives
Each party’s Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement.
5.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366-4634
E-Mail: maryanne.kellysonnek@state.mn.us
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5.2. The City's Authorized Representative will be:
Name/Title: Sack Thongvanh, City of Falcon Heights City Administrator (or successor)
Address: 2077 West Larpenteur Avenue, Falcon Heights, MN 55113
Telephone: (651) 792-7611
E-Mail: sack.thongvanh@falconheights.org
6. Assignment; Amendments; Waiver; Contract Complete
6.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.
6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to subsequently enforce it.
6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
7. Liability; Worker Compensation Claims
7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City.
7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
9. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
10. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.
11. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
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12. Termination; Suspension
12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City.
12.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement.
13. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies.
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INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
CITY OF FALCON HEIGHTS
DEPARTMENT OF TRANSPORTATION
Recommended for Approval: The undersigned certify that they have lawfully executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions, resolutions or ordinances.
By:
(District Engineer)
By: Date:
Title: Approved:
Date: By:
(State Design Engineer)
By: Date:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2016
No. 16-46 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPROVING AGREEMENT NO. 1027045 BETWEEN MNDOT AND THE CITY OF FALCON HEIGHTS FOR STATE AID PROJECT NO. 062-630-065 AND STATE PROJECT NO. 6216-127 IT IS RESOLVED that the City of Falcon Heights enter into MnDOT Agreement 1027045 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the relocation and installation of the lighting system construction and other associated construction to be performed upon,
along and adjacent to Trunk Highway No. 51 from Como Avenue to Trunk Highway No. 36 within the corporate City limits under State Aid Project No. 062-630-065 and State Project No. 6216-127. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Approve Agreement No. 1027045 between MnDOT and the City of Falcon Heights for State Aid Project No. 062-630-065 and State Project No. 6216-127. 2. Authorize the Mayor and City Administrator to execute all necessary documents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh
HARRIS ____ Against City Administrator
FISCHER GUSTAFSON
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