HomeMy WebLinkAboutCity Council Packet_6-28-17CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
June 28, 2017 at 7:00 P.M.
A.CALL TO ORDER:
B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___
FISCHER ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C.PRESENTATIONS:
1. Annual MS 4 Presentation – Public Works Director Tim Pittman
2. 2017 Pavement Management Project - 2017A GO Improvement Bond $900,000
D. APPROVAL OF MINUTES:
1. June 7, 2017 City Council Work Session Meeting Minutes
2.June 14, 2017 City Council Meeting Minutes
E.PUBLIC HEARINGS:
1.Falcon Woods – Permitted Parking Restriction Request
F. CONSENT AGENDA:
1. General Disbursements through: 6/21/17 $333,533.85
Payroll through: 6/15/17 $20,865.03
G: POLICY ITEMS:
H.INFORMATION/ANNOUNCEMENTS:
1.Weekly Police Reports – Can Now Be Found At:
http://www.falconheights.org/index.asp?SEC=75B3E8BB-785B-4048-B543-
995BAE0716A5&Type=B_BASIC
I. COMMUNITY FORUM:
J.ADJOURNMENT:
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MS4 Permit
Annual Report Required
for the 2016 Permit
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Overview
Ø Federal Clean Water Act:
Ø Amended in 1987
Ø A two-phase program
Ø Phase I: Regulated large construction sites and
major metropolitan areas
Ø Phase II: Program broadened to include smaller
construction sites and many more municipalities
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Overview
Ø Overseen by the EPA and MPCA
Ø Regulated parties must develop storm
water pollution prevention programs
Ø The permit holder is required to submit a
Storm Water Pollution Prevention Program
(SWPPP) that incorporates best
management practices (BMPs)
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What is MS4?
Ø A conveyance of system of conveyances
(catch basins, curbs, gutters, ditches, man
made channels)
Ø Designed or used for collecting or
conveying storm water
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Mandatory MS4’s
Ø MS4’s in urbanized areas are required to
obtain a storm water permit
Ø Falcon Heights is considered an urbanized
MS4 area
Ø The U of M and State Fair are permitted
separately
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MS4 Permit Requirement
Ø This program consists of six minimum
Control Measures.
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Falcon Heights BMPs for each
Control Measure Include:
Ø Public Education and Outreach
Ø Public Involvement and Participation
Ø Illicit Discharge, Detection and Elimination
Ø Construction Site Runoff Control
Ø Post-construction Runoff Control
Ø Pollution Prevention and Good
Housekeeping
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Progress to Date
Ø Newsletters and flyers to residents
Ø Developed a storm sewer map
Ø Implemented the construction site runoff
control measures
Ø Enforced the construction site runoff on
the SE Corner
Ø Inspected 100% of outfalls
Ø Implemented de-icing material controls
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Progress to Date
Ø Implemented storm drain system cleaning
and rehabilitation of catch basin
Ø Reconstructed the Curtiss Field Pond
Ø Implemented vehicle maintenance program
Ø Purchased a street sweeper with the City of
Little Canada, more often street sweeping
Ø Straight salt for road melt
Ø Storm sewer system cleaning program
Ø Added additional underground storage
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2017 Goals
Ø Continue a utility billing
Ø Continue educational flyers and newsletter
Ø Continue to sweep streets more often
Ø Rehab/Repair all catch basins related to
each street project
Ø Underground containment structure put
into place at Curtiss Field Park, monitor
after heavy rain falls.
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Questions?
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2017 Pavement Management Project - 2017A GO Improvement Bond $900,000
Description The Bond will be issued for a seven year term through 2025. This project is
very unique because of the different funding sources involved. The funding
sources include a University Payment In-Lieu-of Special Assessments, MSA
(MN State Aid), St. Paul Water Utility and the City’s enterprise funds for storm
sewer and sanitary sewer funds.
In 2015, the City completed street improvements and trails on Roselawn Ave
and Snelling Service Road West, which account for $300,000 of the $900,000
bond. The justification for delaying the bonding process in 2015 was the idea
that it would save money for issuance and attract more interest.
Budget Impact The City’s first payment is in February 1, 2019. The impact will occur for the
2018 levy of $115,000 per year.
Attachment(s) ·Sale Documents (handout at meeting)
·Resolution 2017-23 Providing for the Issuance and Sale of $900,000 GO
Improvement Bonds, Series 2017A
Action(s)
Requested
Staff would recommend approve of attached resolution providing for the
issuance and sale of $900,000 General Obligation Improvement Bonds, Series
2017A, pledging for the security thereof special assessments and levying a tax
for the payment thereof.
Meeting Date June 28, 2017
Agenda Item Presentation C2
Attachment Supporting Documents
Submitted By Sack Thongvanh, City Administrator
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8365180v1
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF FALCON HEIGHTS, MINNESOTA
HELD: JUNE 28, 2017
Pursuant to due call, a regular or special meeting of the City Council of the City of Falcon Heights, Ramsey County, Minnesota, was duly held at the City Hall on June 28, 2017, at
5:15 P.M., for the purpose, in part, of providing for the issuance and sale of $900,000 General
Obligation Improvement Bonds, Series 2017A.
The following members were present:
and the following were absent:
Member _______________ introduced the following resolution and moved its adoption:
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
June 28, 2017
No. 17-23
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2017A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Falcon Heights, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $900,000 General Obligation Improvement Bonds, Series 2017A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various public improvement projects within the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and
C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Administrator, or designee, at the offices of Ehlers at 11:00 A.M. this same day
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pursuant to the Preliminary Official Statement, dated June 15, 2017, established for the Bonds;
and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota, as follows:
1. Acceptance of Proposal. The proposal of _____________________________
(the "Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to
the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to
forthwith return to the unsuccessful bidders their good faith checks or drafts.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated July 20, 2017, as the date of original issue, be issued forthwith on or after such
date in fully registered form, be numbered from R-1 upward in the denomination of $5,000 each
or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and mature, without option of prepayment, on February 1 in the years and amounts as follows:
Year Amount Year Amount
2019 $ 2023 $
2020 2024 2021 2025 2022
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond.
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(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
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Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being
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registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph
10.
(d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2018, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate 2019 % 2023 % 2020 2024
2021 2025
2022 5. No Optional Redemption. . The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates.
To effect a partial redemption of Bonds having a common maturity date, the Registrar
prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall
equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the
Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written
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instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder
thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if
necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so
surrendered.
6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and in paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY CITY OF FALCON HEIGHTS
R-_______ $_________
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2017A
Interest Rate Maturity Date Date of Original Issue CUSIP
___% February 1, ____ July 20, 2017
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF FALCON HEIGHTS, RAMSEY COUNTY, MINNESOTA (the
"Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year
(each, an "Interest Payment Date"), commencing February 1, 2018, at the rate per annum
specified above (calculated on the basis of a 360-day year of twelve thirty-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable
upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville,
Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder"
or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at
the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business
on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as
provided in the Resolution hereinafter described, and as those terms are defined therein, payment
of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.
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No Optional Redemption. All Bonds of this issue (the "Bond") shall not be subject to
redemption and prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $900,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of
the Issuer on June 28, 2017 (the "Resolution"), for the purpose of providing money to finance
various public improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2017A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar.
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Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey County, Minnesota, by
its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of
its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the
Resolution mentioned
within.
Bond Trust Services Corporation Roseville, Minnesota Bond Registrar
By:
Authorized Signature
Registrable by: BOND TRUST SERVICES CORPORATION
Payable at: BOND TRUST SERVICES
CORPORATION
CITY OF FALCON HEIGHTS, RAMSEY COUNTY, MINNESOTA
/s/ Facsimile Mayor
/s/ Facsimile City Administrator
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - ___________ as custodian for ______________
(Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the
Bond on the books kept for the registration thereof, with full power of substitution in the
premises.
Dated:_________________ ____________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within
Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided.
Name and Address: ________________________________________
________________________________________
________________________________________
(Include information for all joint owners if the Bond is held by joint account.)
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8.Execution. The Bonds shall be in typewritten form, shall be executed on behalf of
the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the
City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or
facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the
delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery.
9.Authentication. No Bond shall be valid or obligatory for any purpose or beentitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of July 20, 2017. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution.
10.Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Finance Director is hereby
authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or inexchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond.
12.Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13.Treatment of Registered Owner. The City and Bond Registrar may treat theperson in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Delivery; Application of Proceeds. The Bonds when so prepared and executedshall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Improvement Bonds, Series 2017A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained
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in the manner herein specified until all of the Bonds and the interest thereon have been fully
paid. There shall be maintained in the Fund the "Construction Account" and "Debt Service
Account":
(a)Construction Account. To the Construction Account shall be credited theproceeds of the sale of the Bonds, less capitalized interest and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the
Improvements and collected prior to completion of the Improvements and payment of the costs
thereof. Any unused discount or premium upon the sale of the Bonds shall be deposited into the Construction Account. From the Construction Account there shall be paid all costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section
475.65; and the moneys in the Construction Account shall be used for no other purpose except as
otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the receipt of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any
unexpended balance in the Construction Account, the balance (other than any special
assessments) may be transferred by the Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council
determining that the application of the special assessments for such purpose will not cause the
City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
(b)Debt Service Account. There are hereby irrevocably appropriated and pledged to,and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Account and not already spent a permitted above and required to pay
any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) capitalized interest in the amount of $___________ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February
1, 2018); (iv) any collection of all taxes herein or hereafter levied for the payment of the Bonds;
(v) all funds remaining in the Construction Account after completion of the Improvements andpayment of the costs thereof; (vi) all investment earnings on funds held in the Debt ServiceAccount; and (vii) any and all other moneys which are properly available and are appropriatedby the governing body of the City to the Debt Service Account. The Debt Service Account shall
be used solely to pay the principal and interest and any premiums for redemption of the Bonds
and any other general obligation bonds of the City hereafter issued by the City and made payablefrom the account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
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this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent of the cost
to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special
assessments have heretofore been authorized. Subject to such adjustments as are required by the
conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified
below:
Improvement Designation Levy Years Collection Years Amount Rate
See Attached Schedule
At the time the assessments are in fact levied the City Council shall, based on the then
current estimated collections of the assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
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Year of Tax Levy Year of Tax Collection Amount
See Attached Schedule
The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds
are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
18.Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity.
19. Compliance With Reimbursement Bond Regulations. The provisions of thisparagraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a)Not later than 60 days after the date of payment of a Reimbursement Expenditure,the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
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(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the
proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating
in effect that such action will not impair the tax-exempt status of the Bonds.
20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described:
(a) to provide or cause to be provided to the Municipal Securities Rulemaking Board, by filing at www.emma.msrb.org, (i) at least annually, its audited financial statements for the
most recent fiscal year, and (ii) notice of the occurrence of certain events with respect to the
Bonds in not more than ten (10) business days after the occurrence of such event, in accordance with the Undertaking; and
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(b) its covenants pursuant to the Rule set forth in this paragraph and in the
Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants.
The Mayor and Administrator of the City, or any other officer of the City authorized to
act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the
City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
22. Certificate of Registration. A certified copy of this resolution is hereby directed
to be filed in the offices of the County Auditor of Ramsey County, Minnesota, together with such
other information as the County Auditor shall require and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000.
For purposes of qualifying for the small issuer exception to the federal arbitrage rebate
requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bond is a private activity bond; (iii) ninety five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a
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governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and
(iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued
by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2017 will
not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement.
28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers.
29. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
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Adopted by the City Council of the City of Falcon Heights, Minnesota, this 28th day of June, 2017.
After full discussion thereof and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - 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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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
I, the undersigned, being the duly qualified and acting City Administrator of the City of
Falcon Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council of the City,
duly called and held on the date therein indicated, insofar as such minutes relate to considering
proposals and awarding the sale of $900,000 General Obligation Improvement Bonds, Series
2017A.
WITNESS my hand on June 28, 2017.
_______________________________________ City Administrator
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A-1
EXHIBIT A
PROPOSALS
[To be supplied by Ehlers & Associates, Inc.]
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EXHIBIT B
TAX LEVY SCHEDULE
[To be supplied by Ehlers & Associates, Inc.]
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Falcon Heights City Council Workshop
City Hall
2077 W Larpenteur Ave.
6:30 P.M.
MINUTES
Wednesday, June 7, 2017
Call to Order: 6:30 pm
1. The Hendrickson- Proposed Senior (55+) Housing Development
Presentation was made by the Kelly Brothers. There are a few components to making this ready: text
amendments made to allow for a revised land-use, density, and parking adjustments. It will be marketed
as independent senior units (55+), but typically it’s 75 and older. This is a rental property. Timing-wise
they would plan to break ground next spring. The units would have two bedrooms, but most would be
occupied by one person.
They are about 70 parking stalls on the site. Some of the persons that live on site would likely not drive.
There will also be assigned parking underground. In regards to stormwater run off, they plan to have
extensive underground storage tanks to manage it, similar to their Highland Park property.
In regards to emergency vehicle access to the building, there won’t be an asphalt road, but the grassy
area will be able to handle the fire trucks driving over it due to the installation of a grated structure
under the grass.
There still needs to be a conversation with the Met Council about the mixed usage. Originally, the Met
Council did not want two PUDs for the lots under one ownership.
2. Ramsey County Sheriff’s Office – Policing Services
St. Anthony City Council passed a resolution to put an indemnification clause in the contract. The
Council was not in favor of this turn in the contract, so the city sent out an RFI to neighboring police
departments. Ramsey County responded with interest. There are a few options available when
discussing a contract with Ramsey County Sheriff’s Office. There’s a base service provided, there are
additional add-on options, and there are independent services.
Ramsey County Sheriff Jack Serier, with Undersheriff Teri Soukkala who are stationed out of Arden Hills,
stated that they always want to at least make themselves available to Ramsey County municipalities.
They do not want to get into a bidding war with municipalities within Ramsey County, and they believe
their services should be revenue neutral. Good community policing in the end, meets the needs of
citizens. What drives this conversation is, what is it that Falcon Heights is looking for as far as law
enforcement services? In addition, what is a community willing to spend to have different options
available to them? The independent contract has a different flavor to it. Otherwise, being a part of the
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contract group made up of seven municipalities. Those city managers meet monthly. Council Members
and Mayors of the cities are also able to attend those meetings. The contract cities group is an
agreement between all of the cities on how they are going to pool resources. Part of the conversation, if
interested, would be having to enter into discussion about a contract that is currently occurring. The city
would need to request to be a part of this contract cities model. These cities really drive what services
are provided. Some cities pay extra to go above what they receive in this contract. They have had a
community service officer (CSO) and Deputies that have been paid to be full-time and committed to one
community. This would be on top of the services that are already being provided to them. If the city
would like to continue in conversation about this, he would request that the city respond by formal
letter that they would like to pursue discussions.
Normal scope of services that a city gets in the basic group model:
Basic service: calls for service (911, medicals, cases that require investigation), there’s patrol services,
and traffic enforcement. The main thing they want is to be very responsive to the cities that they serve.
All of the communities currently share borders. The complicating factor is that the other cities are
contiguous and Falcon Heights does not share a border. That would require further discussions. Having a
backup patrol/squad car becomes an issue with the distance or relying on neighboring communities for
backup that may be tied up. There are a lot of variables to work through.
In terms of number of hours per day present:
10am-8pm they have the most staffing available. During that time, they have 10 cars available because it
is the busiest time. Over the night shift they have five cars available (8pm-6am). They do not go below
their minimums.
Community engagement:
They have a category within the CAD system for proactive police visits. This could include going to the
library, stopping at the park, checking strip mall doors on a midnight shift. What are they doing above
and beyond and how do they quantify that? They currently do hot dog with a deputy- the Sheriff’s
Foundation is funding this. Yesterday they went through 750 hot dogs rather than their 400 in previous
years. They do shop with a cop, coffee with a cop, and they make themselves available to residents.
They follow up with concerns after these visits. Their staff if very bare bones and they are very busy
throughout the year. If another city is added to that, these could be a la cart options. Last year they had
162 parties for Night to Unite. They attend these and it’s growing every year. The County Attorneys
office joins in and City Council members as well.
Respect, responsibility, honor and truth are their characteristics that they have identified as their values
when hiring. They are also looking for someone that has an eye for community engagement. They are
looking for people with a heart of service. Diversity is reflected in leadership from top to bottom. They
have been in a hiring cycle right now. They are very passionate about both racial and gender equity.
Policies in place for cultural competency training?
They recently completed a four-day training called Why We Serve, and they had speakers on mental
health, race, and race equity. They also talked about historical issues. They wanted to have bigger
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discussions on this in the format of a conference. Part of his job is to provide refreshment to his staff
and refocus them. The purpose of the conference was to help connect them back to why they serve.
Data collection and reporting of data to the city:
In February they began collecting additional data on traffic stops and race data (reason, person
searched, vehicle searched, arrest, criminal activity, moving violation, registration, etc). They are
currently not putting this data out but they can work towards doing something like that.
Body Cameras:
They do not have them, but they do have an interest in them. They are meeting with vendors and
beginning to have discussions on cost, implementation, and timeline. They are also looking at potentially
pooling with other agencies if they make the purchase. They are trying to prepare budget-wise to
purchase them outright. They also would have to prepare to store this data when implementing
something like body cameras, and they are in the process of building a system that would have those
capabilities.
Falcon Heights has annual reports from a police chief and monthly attendance from the Police Chief in a
Community Engagement Commission. How would that fit into a model?
Typically the interface that is currently happening at those monthly contract cities meetings can last on
average up to two hours. Other types of interface would be with Undersheriff Soukkala, because he
works on day to day policing issues. Each one of the communities they serve are very different and have
different challenges.
Are officers measured on proactive police visits? Is it encouraged?
It is encouraged. There are several methods to proactive police visits. They can raise the visibility by
hiring more staff and putting more squad cars out there. They can also make note of areas with higher
crimes and they will spend time in those areas and invest in the community’s needs. They do
performance evaluations, and they see it as important to encourage their staff to do proactive visits for
the right reasons, such as preventing crime. They know that they get results because their community
surveys come back with extremely high reviews. If you want to see the types of crime/stops that happen
in Ramsey County, that information can be viewed online at communitycrimemap.com. Times of day can
be selected on the website. Things they would take into consideration with Falcon Heights are their past
calls for service. They have an analyst and they review the data to look at crime trends. They use
technology to guide their services as much as possible.
Cost:
The contract cities cost equation is based on land mass, population, cases investigated, and calls for
service. These components would determine the percentage of the pool that a city is responsible for. In
order to come up with estimates, Ramsey County would need to know what Falcon Heights wants from
them. One of the things that would need to be reviewed is the baseline of the current services received
from St. Anthony and where the city wants to go from there. Other cities contracts are hosted online.
Amount of training?
They have a core amount of training that they require every year. Then they have post plus training that
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is more catered to different roles within the Sheriff’s Office. Last year they made requirements of an
Implicit Bias 1 and Implicit Bias 2 training. They are expanding on the number of trainings that are
required by staff.
What is the grievance/complaints process?
There is an internal affairs complaint process. Staff or public can also contact supervisors, a less formal
process.
Difference between a Sheriff’s Office and Police Department?
A Sheriff’s role is a support to the Police Chiefs. The County has correctional facilities/court security, law
enforcement services, and they have countywide jurisdiction. Ramsey County also has a great
relationship with the Fire Departments they work with. They do emergency management training, but
that is not a formal role they take on.
In order to provide police services with a catered model, Ramsey County would need to start hiring staff,
but he cannot guarantee that would be available by Jan 2018.
3. Task Force Inclusion Recommendations
Presentation by Melanie Leehy and Kathy Quick on Inclusion
Specific implementation actions:
· They seek to implement two resources and recommends sustaining them for at least 3-5 years.
· Create a dedicated truth, racial, and healing committee
The committee is not an exclusion of other diversity, but racial issues is where the healing is
needed and it needs to be addressed.
· Dedicate (reassign duties or hire) city staff time to forge partnerships, find grants, recruit
volunteers to sustain these efforts- keep committed to improvement
· Enhance the welcome packet and include resources to building relationships across differences
· Ask that the City Council commit city staff to build its own capacity to participate or support
these efforts.
· Recommend existing programs, enhance the website, and provide training
· Inclusion means providing variety in the types of activities
· Address specific sources of disparities: expand affordable housing optionsà consider Roseville
Area Schools programs and initiatives on mentorship, internships, etc. They have discussed
having an equity culture. Challenge is getting people to show up and participate. Considering
having a variety of events because different sized events cater to different kinds of people.
· Promote healing by connecting with community partners doing excellent work: Science
Museum, MHS, Ramsey County Recorders office, registrar of titles, project of Augsburg college
to make visible historic patterns, Ramsey County libraries
· Recognize and promote businesses to support this work. Involve local employers in youth
development initiatives
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· Expand partnerships with the University of Minnesota: Center for Urban and Regional Affairs,
Center for Integrated Leadership, etc.
· Work with foundations: Wilder, Bush, JAMS, St. Paul, and Minneapolis
· National initiative for building community trust and initiatives
· Work with existing organizations on how to build relationships across differences
· Arts is another tool that can be utilized
Roseville has a committed staff person for volunteer coordination.
· Build committee and capacity: website should have accessibility to values, work on inclusion,
etc.
· Expand newsletter to include highlights on work with racial equity and inclusion
· Expand cities information packets on block parties (ex. how to do courageous conversations)
· Use newsletter/website to support related work and what other community events are doing
· Find ways to connect with landlords so they have up to date information
· Sustain/expand trainings
· Continue to host the events in place but enhance them to have resources/building relationships
There are concerns about staff time and resources when we gear up for budget discussions. There will
also need to be discussions with the Community Engagement Commission to begin implementing what
is feasible now.
Adjournment: 9:09 pm
_____________________________
Peter Lindstrom, Mayor
Dated this 7th day of June, 2017
__________________________________
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
June 14, 2017 at 7:00 P.M.
A. CALL TO ORDER: 7:00 pm
B. ROLL CALL: LINDSTROM ___ HARRIS __X__ BROWN THUNDER _X__
FISCHER _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X___
FREIHAMMER_X___
C. PUBLIC HEARINGS:
1. St. Paul Academy and Summit School Project Conduit Bond – Approving the
Issuance and Sale of Educational Facilities Revenue Refunding Notes
Agenda amended to have the public hearing as the first agenda item.
Council Member Harris Moved, Approved 4-0
Kathryn Courtney, from Briggs and Morgan, presented that the city is being asked to issue
conduit bonds on behalf of St. Paul Academy. These bank-qualified bonds would be purchased
by Bremer Bank, and there are tax credits when they are purchased by banks. Cities can issue
only up to $10,000,000 in bank-qualified bonds in each calendar year. In turn, St. Paul Academy
would refinance the St. Paul HRA’s bond. St. Paul Academy is seeking more than 10 million, so
the City of Little Canada will also be issuing bank-qualified bonds. The city will receive a fee in
return for issuing the bond, and there is no obligation to the city to make any payments. The
transaction is a conduit bond issue, and there is no risk to the city.
Council Member Harris Moved, Approved 4-0
D. PRESENTATIONS:
1. League of Women Voters – Affordable Housing Study
Kathy Sernia presented that their study looks at current housing situations, existing gaps, and
makes recommendations for planning a future by providing a full continuum of housing
options to increase the overall quality of life for current and future residents. They did
interviews with regional authorities on affordable housing, engaging graduate students at the
Humphrey, hosting presentations by Wilder Foundation, and hosting a panel with various
subject matter experts. The study also produced recommendations for Falcon Heights. All
information can be found online as well.
Some of the recommendations that were provided:
· When updating the Comprehensive Plan housing component, provide for a full range of
affordable housing
· Preserve and improve existing affordable housing
· Consider inclusion of affordable housing when available land is developed
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·Support incentives to make development or redevelopment more attractive to
developers
·License and monitor rental properties
·Promote better awareness of linking low income renters to support services
·When licensing landlords, urge or require them to post on Housinglink if their units are
affordable
For more information, attend the Council of Metropolitan Leagues panel from 10:30am-12pm
on Saturday, October 21 at the Central United Methodist Church in Roseville.
Falcon Heights is not completely singled out in the report, but they are doing very well in some
areas. Unlike some cities, Falcon Heights does do some licensing of rental properties.
Falcon Heights was also considered the least affordable for single family homes of all five of the
cities studied.
City Administrator Thongvanh inquired about the data from the graduate student study of
demographics in home ownership. Mindy Graling, League of Women Voters representative,
mentioned that there may be a discrepancy on the totals page, because on the other pages it
mentioned less than 10% home ownership for African Americans versus the 0% represented on
the totals page. The graduate students used census data.
In February they will be hosting a meeting in which they have invited all of the City Managers
or a designee from each city involved in the study. This will be a time for the cities to share their
progress on these recommendations in regards to the Comprehensive Plan process.
2. Surface Water Management Plan
City Engineer Freihammer presented a Surface Water Management Plan draft. They started this
process last August and presented it to the Environment Commission. They also did an
electronic survey with Roseville and stormwater webpage. The first plan was adopted in 2008,
and the city did a major update in 2013. After this update, the city likely wouldn’t have to make
another update for ten years. This year was mostly updates on format and plan requirements.
They aligned the standards with local agencies, mainly the Capitol Region Watershed and Rice
Creek Watershed District. The implementation plan was also updated. With Council action,
they will send this to Rice Creek Watershed District, Capitol Region Watershed District, Ramsey
County, and the Met Council for approval. Once they make comments, this plan will come back
to the Council for final adoption of the Comprehensive Surface Water Management Plan. He
does not anticipate any problems, because Falcon Heights’ Plan is very simple and it
incorporates well with the existing watersheds.
Council Member Gustafson Moved, Approved 4-0
E.APPROVAL OF MINUTES:
1. May 5, 2017 Special City Council Meeting Minutes Approved
2. May 24, 2017 City Council Meeting Minutes Approved
F. CONSENT AGENDA:
1. General Disbursements through: 5/31/17 $69,151.63
Payroll through: 5/31/17 $21,795.68
2. Approve Payment #2 to Valley Paving, Inc. for the 2017 Pavement Management
Project (PMP) to Valley Paving, Inc.
3. Donations for 2017 Parks Program Fund
Council Member Harris Moved, Approved 4-0
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G: POLICY ITEMS:
1.Falcon Heights Task Force Inclusion Recommendations
The City Council approved the Policing portion of the Task Force Recommendations at the last
meeting. These recommendations are specific to inclusion and implementation. The Task
Force’s work is greatly appreciated.
Council Member Harris:
She agrees with most of these recommendations, and her vote to approve these would be under
the premise that the city may not be able to implement all of these recommendations.
City Administrator Thongvanh:
There are some components that are based on the structure of the policing services that the city
has and some variables in regards to the staff and financial commitment. They are trying to
work with other organizations and foundations to see how and when these recommendations
can be implemented.
Council Member Gustafson:
Some highlights of the recommendations are to address the sources of exclusion, create and
sustain these structures for the next three to five years, dedicate city staff time, make continuous
efforts, utilize resources we have, conduct community-based work, invest resources properly,
provide a variety of options and avenues for people to get involved, promote reconciliation,
healing and inclusion by partnering with community groups that are doing excellent work,
support and sponsor events within the community.
Mayor Pro Tem Fischer:
He thanks the Task Force on their hard work. He wants to see a sense of urgency and
dedication. He thinks the Community Engagement Commission could begin looking at the
components that can begin to be implemented.
Council Member Gustafson:
That would be utilizing our existing resources, and the Community Engagement Commission is
working to get our community more engaged.
Kathy Quick- Task Force Co-Facilitator:
The Task Force was made up of 12 people with very different backgrounds and diverse
ideologies. The fact that they reached unity on this document makes it extremely important to
act on this. There are two recommendations that she would specifically ask the Council to adopt
and to act on: create a committee/work group that is dedicated to reconciliation and healing
and to task the City Administrator to actively pursue grants for a staff position so it can happen
sooner rather than later. There is a lot of momentum and community work behind this.
Council Member Harris:
She doesn’t think that the city has the staff resources to staff another Commission, but if we are
able to get a grant then the city would.
Council Member Brown Thunder:
There are solutions out there. There were discussions on speaking with the City of Roseville
about contract services for volunteer coordination.
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City Administrator Thongvanh:
Mayor Lindstrom initiated communications with Roseville and unfortunately their staff is at
capacity right now as well. They cannot make that commitment right now. He does have a
meeting with Laurie from the St. Paul Foundation to talk about some grant opportunities.
Council Member Harris:
The city should reach out to the Pohlad Foundation for any interest. Council Members would
like more discussions with the budget process coming up about making space for dedicating
staff time or for consultants. These recommendations should be reviewed by all of the
Commissions to see where these recommendations might fit into their line of work.
Mayor Pro Tem Fischer:
When adopting the recommendations, the Council can determine to task the Community
Engagement Commission with reviewing the recommendations and determining which areas
can be addressed right away. Then task the other Commissions to review these
recommendations to see what resources can be allocated. There may be room in the 2018 budget
to look into moving things around, and the Council would like to task City Administrator
Thongvanh to look into what room is remaining in the current budget and how they can
prepare for this in the 2018 budget. Additionally, City Administrator Thongvanh will be
designated as the point person for seeking out grants and opportunities to fund these
initiatives.
Akil Foluke- St. Paul Resident:
Inclusion should be naturally felt and organic versus being told. Have the City Administrator
do the work to get the funding, and make the commitment.
City Administrator Thongvanh:
The conversation here is more of a formality. He is already working on contacting agencies and
foundations about available grants and expertise. He does have a meeting with Laurie Berg
from St. Paul Foundation tomorrow.
Philip Face- FH Resident:
It’s a broad leap to say that the community has spoken when only 145 people have attended the
community conversations and Falcon Heights’ population is 5,500.
Kate Thompson- Task Force Member:
There is urgency for this work, and the Task Force has been working on this for the past six
months. You have a mandate from your community, and this was not created in the hope that
this might get accomplished in the future. We are asking for accountability, and your job is to
find a way to make it happen.
Kathy Quick- Task Force Co-Facilitator:
She is relaying information from Melanie to please have the Council task the City Administrator
with finding grants sooner rather than later.
Council Member Fischer:
The motion at this time includes tasking the Community Engagement Commission with finding
the recommendations that could most immediately be implemented, ask the other Commissions
to review it and consider how it might apply to their work, direct the City Administrator to find
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space in the budget for both 2017 and 2018 and to seek out grant opportunities immediately to
provide those resources that are necessary to do this work.
Council Member Gustafson Moved, Approved 4-0
2. Ramsey County Sheriff’s Office – Policing Services
City Administrator Thongvanh presented that Ramsey County presented two options for
services at the previous workshop on June 7. The two options are to petition the seven
contracted cities or to have an independent contract directly with the Sheriff’s Office. The
Sheriff requested that if the Council wants to continue to move forward with discussions, they
ask to formally write a letter expressing their interest.
Council Member Harris, Approved 4-0
3. PUD Amendment: Proposed Senior Housing Development “The Hendrickson”
In Spring of 2013 the property was acquired by the Pohlad Foundation. Currently the Good
Acre is on that property, and the developer is looking at the open lot east of that. The proposal
requires several zoning approvals: rezoning to the PUD, the comprehensive plan amendment,
and the preliminary subdivision. The Foundation proposed to reuse existing structures on the
site for the purpose of growing and distributing healthy foods for local use and to build an
affordable housing multi-family unit. Unfortunately, that didn’t come to fruition, so the Pohlad
Foundation came to an agreement with the developers, the Kelly Brothers, to do high-density
housing. The Planning Commission held a public hearing for those three amendments. The
second phase would include a review of the updated plans. This is an amendment to section
113-207 of the Falcon Heights City Code. The amendment would change the wording on 113-
207b to say mixed use would include an urban farm and apartment building. The other change
would be on section d2. The change would be from 47 units to a 68 unit building with at least 68
parking spaces.
Peter Austin, Director of Finance for Kelly Brothers, stated that they have been established since
1988 and currently own and manage 11 buildings. This development would be senior
independent housing, their fifth property of that type. The reason for the name Hendrickson is
that William Hendrickson had a large farm off Larpenteur and Snelling, and he was an early
elected official. They’re proposing a 4-story building with 68 units, an underground garage, and
exterior parking with a total of 68 parking spaces.
Council Member Harris Moved, Approved 4-0
H. INFORMATION/ANNOUNCEMENTS:
1. Weekly Police Reports – Can Now Be Found At:
http://www.falconheights.org/index.asp?SEC=75B3E8BB-785B-4048-B543-
995BAE0716A5&Type=B_BASIC
Council Member Harris:
No updates.
Council Member Brown Thunder:
He and Council Member Gustafson attended the Mayor’s Challenge Golf Tournament
Fundraiser for NYFS.
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Council Member Gustafson:
· Community Conversation #5 will be held on Monday, June 19 from 6:30-8:30pm at
Falcon Heights United Church of Christ. Childcare will be available for ages 3-10. This
conversation will discuss resources that are mentioned in the inclusion
recommendations.
· Thursday, July 20 will be the Ice Cream Social at Community Park.
Mayor Pro Tem Fischer:
· The Community Engagement Commission meeting falls on the same date as
Community Conversation #5, so it is being rescheduled with a date that is to be
determined.
City Administrator Thongvanh:
· He will be meeting with Lori Berg tomorrow to discuss grant opportunities.
· There was notice given to residents about a phone scam that is happening with
individuals claiming that they are the city and conducting welfare checks. They are
asking for times that residents will be away from their homes. That is not a call from the
city.
· There is also one position open on the Parks and Recreation Commission, and the city is
taking applications for that.
I. COMMUNITY FORUM:
Paula Mielke- 1868 Arona St:
Her thoughts are with the Castile family. She finds it premature that the Mayor made a public
post about adopting Task Force recommendations and contracting with Ramsey County
Sheriff’s Office when it has not been voted on yet.
Sarah Chambers- 2170 Folwell Ave:
She thanks the Task Force for their recommendations, and the discussions tonight underscored
those. The feedback from the community should be inclusive of both residents and guests. She
hopes the Council will follow through on the recommendations.
Katie Kohn- 1929 Summer St:
There are many opportunities to move forward on the inclusion recommendations. It is
important to make sure that everyone who is at the table is recognized, and if they are not, then
we need to think of ways to include them.
J. ADJOURNMENT: 8:36 pm
_____________________________
Tony Fischer, Mayor Pro Tem
Dated this 14th day of June, 2017 __________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Falcon Woods – Permitted Parking Restrictions Request
Description The City received a request from the majority of home owners along Garden
Ave in the Falcon Woods area to post parking by permit only. Ms. Caywood
and Ms. Lewis have received 87% approve by the residents on Garden Ave. If
residents on Moore Street and Howell are included, it would be 79%.
The application fee to designate “residential area” permit parking is $200.
Staff was directed by Council at the Workshop held on November 2, 2016 to
determine and evaluate cost for installation of “Permitted Parking Only” signs
stating Monday through Friday from 8:00 am to 4:00 pm.
Falco Woods is a unique community because there are only two access points,
which will allow the City to install begin and end signs for the permitted
parking, otherwise we would have to install “Permitted Parking Only” signs
every 70 feet.
Budget Impact The cost for materials and installation is not included in the 2017 budget.
Attachment(s) · Two Petitions and Testimonials
· Site Map
Action(s)
Requested
Staff would recommend a motion to approve the installation for permitted
parking signs to be install as illustrated on Exhibit A.
Meeting Date June 28, 2017
Agenda Item Public Hearing E1
Attachment Supporting Documents
Submitted By Sack Thongvanh, City Administrator
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Legend
Proposed Properties with Permit Parking
Property Lines
Proposed Permit Parking
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Exhibit A
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View of 2028 Garden Ave from north to south on the week of August 25thThis is what a Saturday looks like west to east on Garden Ave
Student parking on Garden Ave west to east in early SeptemberStudents parking west to east on Garden Ave on the week day in August
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Students often bring bikes in cars to ride down to the U.A student who dropped off by a University vehicle (she is changing as she does daily from coveralls)
on early September week day.
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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: 6/21/17 $333,533.85
Payroll through: 6/15/17 $20,865.03
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 June 28, 2017
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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