HomeMy WebLinkAboutCity Council Packet_10-24-18CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
October 24, 2018 at 7:00 P.M.
A.CALL TO ORDER:
B. ROLL CALL: LINDSTROM ___ LEEHY____ HARRIS____
MIAZGA ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C.PRESENTATIONS:
1.Ramsey County Sheriff's Office - Acting Chief Deputy Booker T. Hodges
CI.APPROVAL OF MINUTES:
1.September 26 , 2018 City Council Meeting Minutes
2.October 10, 2018 City Council Meeting Minutes
CII.PUBLIC HEARINGS:
CIII.CONSENT AGENDA:
1.General Disbursements through: 10/18/18 $101,242.72
Payroll through: 10/15/18 $22,064.05
2.Approve SCORE Grant
3.2018 Budget Amendment and Transfer of Funds for Fund 402 & 403
CIV.POLICY ITEMS:
1.Establishing Special Revenue Fund 210 – Community Inclusion Fund
2.2019 Sewer Lining Project3.Hoyt Signal Agreement
CV.INFORMATION/ANNOUNCEMENTS
1.November 7th Workshop has been rescheduled for November 14th after the Regular
City Council Meeting
a.Agenda Items
i.Debt Service
ii.Special Revenue Fund
iii.Enterprise Fund
2.City Council and Staff Training Schedule for October 23 from 6:00 pm to 9:00 pm
CVI.COMMUNITY FORUM:
CVII.ADJOURNMENT:
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
September 26, 2018 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM _X__ LEEHY_X___ N/A ___
MIAZGA _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATIONS:
1. Appointment of Pamela Harris to the Vacant City Council Seat and Oath of Office
Ceremony
Mayor Lindstrom
The Review Committee consists of Council Member Miazga, James Wassenberg Chair of
Environment Commission, Shirley Rieder Chair of Community Engagement Commission, John
Larkin Chair of Planning Commission, Olivia Demerath from Parks and Recreation
Commission, and lastly myself. The Review Committee interviewed 11 applicants, and then
identified four finalists, and the City Council interviewed them. After the process and
reviewing each candidate, the City Council selected Pamela Harris.
Sarah Chambers (2170 Folwell Ave)
She sent emails to the City Council and Mayor regarding the vacant seat. I was pleased to see 11
residents applied for the opening position. It shows a lot about our community and active
citizens that we have in Falcon Heights. However, I do not support Pamela Harris who stated
that she would not run for re-election again. In the Lillie Suburban newspaper, she said it was
time for new faces and perspectives, and it was a stressful year referring to policing and the
killing of Philando Castile. I did not expect to see her run again shortly after her statement and
be appointed. It does not feel good and not a good process.
Brian Olson (1592 Roselawn Ave W)
Appreciates the Mayor for showing the roster of who was in the Review Committee. However,
Brian expressed that a new council appointment should be made solely through the Elected
Officials on this council.
Paula Mielke (1868 Arona St)
Paula agrees with Sarah Chambers' speech about bringing in new changes. The city had a
chance to bring in diversity, and a refugee and immigrant representing the renters and the 5
percent of the Somali population. Hawa Samatar ran in 2017 but the timing was not right. She
also supports Kay Andrews who spoke about the injustice of the police force towards her
grandsons on July 27. She is very disappointed that the City Council and Mayor appointed
Pamela Harris who did not show support to the community and citizens.
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Isaac Mielke (1868 Arona St)
He felt that the City had not learned anything or changed. He is very disappointed with the
direction City Council is doing to the city. Isaac thinks that the Task Force is a sham and City
Council and Mayor only pick “long time” friends. Pamela Harris does have experiences but
“not all good experiences are good experiences.” Isaac hopes Pamela Harris, Council Member
Randy Gustafson, and Mayor Peter Lindstrom do not run again.
Bruce Mielke (1868 Arona St)
Bruce agrees with everyone’s speech regarding the appointment of Pamela Harris. “It sounds
slimy, and residents are not sure if you asked her or she decided for herself. Neighbors, my
family, and other residents were not surprised or shocked that she was selected. It is a bad
choice.” Bruce also stated that citizens knew Pamela Harris could not win the election last year
so she decided to leave the Council and now she is back again. “I was very disappointed at
Pam. She was very disrespectful to the Castile family and the residents of Falcon Heights. I will
speak for many residents whom I know and prefer Pam to not be in this role. We did not
appreciate when you were here before and would not like to see you here again.” He would like
the two new Council Members to take more leadership and will not be swayed away by Pamela
Harris.
Council Member Gustafson
The City is in the process of putting the budget and Comprehensive Plan together in the next 3
to 4 months. The Council needed someone who is going to be up to speed and get it done right
away. Pamela Harris’ leadership helped Falcon Heights’ first Comprehensive Plan, evolved
the Planning Commission, budget, policing inclusion, and built a welcoming community.
Council Member Miazga
The interviewing process was not easy and had many questions. The interviews were
combined with questions and quantitative scoring. During the second round of interviews
there were different questions, quantitative scoring, feedbacks and public hearing for the four
finalists. The interview questions consisted of community engagement, leadership, and policy
issues. It was completed in a respectful and professional setting. As a new Council Member, he
appreciates the push from residents to be more direct and open.
Council Member Leehy
Clarifies that no one elects someone to the council hoping everyone will answer yes. Each
council members has their skills, strengths and will not be swayed by each other but to be part
of a process to improve the City. Council Member Leehy expressed her confidence in her seat
and assured the audiences.
“I am confident of the Falcon Heights Council and our Taskforce inclusion recommendations
which you know I fought arduously to be implemented. We as a city will become a culture of a
caring community of friends that have unity with diversity. It is my passion, and it is our
current mandate that is like a flowing river of hope. It may be a bumpy ride at times, but I am
determined we need each other in our city. No one, people, group, or personality can
accomplish the last in the good that most of us want to see. This is my commitment to you all.”
Mayor Lindstrom Moved, Approve 4-0
D. APPROVAL OF MINUTES:
1. September 12, 2018 City Council Meeting Minutes
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Council Member Gustafson
There are some minor typos and will need to be corrected.
Mayor Lindstrom Moved, 4-0
E. PUBLIC HEARINGS:
1. Ordinance Amending City Code Chapter 22 Section 20 Notification; Deadline for Removal
City Administrator Thongvanh
Ordinance Amending Section 22-20, Notification and Deadlines for Removal, allows a quick response
by staff to address problems within the properties for nuisance abatement throughout the year. This
includes snow-shoveling, grass, and weeds.
Ordinance 18-18 amending the City Code Chapter 22 Section 22-20, recommending approval from
City Council to change certified mail to regular. The reason for this is that certified mail can be
rejected and have to ask staff to go to the post office and drop it off. It takes a lot of staff time to
travel back and forth.
The door hanger will help reduce staff time to draft letters and the cost of mailing. This will also
allow for quicker notifications and abatement for nuisances. Letters can take a few days to arrive,
and by the time residents receive it, they already have done it and will call City Hall to complain.
Whereas, the door hanger makes it faster to respond to code violations. A great example can be
when Paul left door hangers to residents who violated the code. The residents called the City Hall
within 10-15 minutes asking questions or did not know they violated City Codes. In addition, it will
help educate residents about code violations and abate it quicker.
Council Member Gustafson Moved, Approved 5-0
2. Emerald Ash Borer
a. Ordinance Amending City Code Chapter 54 Concerning the Removal of Trees, Shrubs, and
Other Plants
b. Resolution Adopting the Emerald Ash Borer Preparedness and Management Plan
City Administrator Thongvanh
In 2012, there was a request to remove Emerald Ash Borer (EAB) and begin a replanting program.
EAB was shown within the borders Falcon Heights at the University of MN Campus. On May 23,
2012, the City accepted the 2010 to 2014 Community Forest Bonding Grant for the EAB Removal
/Replanting Program. A month later, the City and DNR met, and the City was rewarded with
$95,000 toward its Emerald Ash Borer removal and replacement program.
The City was not able to fully complete the program; however, the DNR amended the original grant
agreement and extended the deadline to the end of June 2015 to complete the removal and
replacement program. The DNR was also willing to provide additional grants for a total of $150,000.
Upon completion of this agreement, the city will receive the remaining balance of $13,564.23.
Amendment #2 expired on June 30, 2015, and the proposed Amendment #3 will allow the City to
complete the project and submit reimbursements until December 30, 2015.
In order to complete the program, the city must adopt an EAB Preparedness/Management Plan and
amend the City Code Article II Planting, Maintenance, and Removal Ordinance. The MN DNR has
approved both the proposed Plan and proposed Ordinance.
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Council Member Leehy Moved, Approved 5-0
F. CONSENT AGENDA:
1. General Disbursements through: 9/20/18 $74,949.97
Payroll through: 9/15/18 $19,413.06
2. Resignation of Tim Sandvik, Deputy Clerk/Recreation Supervisor
3. Resignation of Paul Moretto, Community Development Coordinator
4. Extend Recycling Contract with Tennis Sanitation, LLC
5. Annual Designation of Polling Places
6. Job Description and Title Change from Deputy Clerk/Recreation Supervisor to Assistant
to the City Administrator
Council Member Harris
Would like to thank Tim Sandvik and Paul Moretto for their time and service at Falcon Heights.
Both of them have helped the city in many ways and is sad to see them leave. City of Victoria
and Vadnais Heights will benefit from both of their skills and dedication.
Council Member Gustafson
Approve the Consent Agenda with a correction of each letter regarding the gender term.
Council Member Gustafson Moved, Approved 5-0
G: POLICY ITEMS:
1. Adopt and Certify the 2019 Preliminary Levy
City Administrator Thongvanh
The City is required to complete the preliminary levy budget by September 30 for Ramsey
County.
1) There are no levy limits imposed by the Legislature for the 2019 Budget.
2) An amount of $2,941 increased the amount of LGA state aid by the Legislature for the budget
year 2019. LGA will increase from $600,591 to $603,532 in 2019.
3) Fiscal Disparity distribution dollars for 2019 increased by $69,339 over the 2018 level.
The 2019 proposed increase on a median value home is estimated to be $198 per year or $16.50
per month. The budget hearing will be on Wednesday, December 12, 2018 at 7 pm at Falcon
Heights City Hall Chambers.
The 2019 Preliminary Levy chart can be viewed at the Falcon Heights website under the agenda.
Mayor Lindstrom
Over the past few years, City Council researched grants for inclusion efforts and has been
successful on some. The grants helped us do more initiative projects. Sadly, the City did not
receive the Bush Foundation grant. However, in the budget that we are looking at for this
upcoming year, we will be setting aside $30,000 in funds. It will be the first time that we have
done that for our inclusion efforts.
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Council Member Leehy
It is disappointing that the City did not receive the Bush Foundation grant. We have been
working consistently to find money for us to do the implementation and create new activities
and aspects within our City. I am also pleased that we could add $30,000 to the new line item
for community implementation and community inclusion. Last year, we promised everyone
how we would use the funds to implement inclusion, and I am glad to be here to see it through.
Council Member Gustafson Moved, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS
Council Member Miazga
· The Community Surveys last day is Sunday, September 30. So far, there are about 300+
but the numbers can go higher than that.
· Comp Plan public meeting was a success. Many of the residents spoke about Snelling
service route, and City Administrator Thongvanh will be receiving emails regarding
those matters.
· Working with Hawa to do another Comp Plan event at 1550 Larpenteur Avenue but she
is currently out of the country. Plan B is to work with Mayor Lindstrom while Hawa is
gone.
· Next Planning Commission meeting is on Wednesday, October 3, 7:00 pm City Hall for
public inputs on a variance request.
Council Member Leehy
· Community Survey can be done online or mail it back to the City Hall. The survey was
sent together with the City Newsletter, and it was posted on E-weekly newsletters and
social media.
· The Cultivating a Caring Community event is on Friday, October 5 at 7pm - 9pm.
Invitations were sent out to those who have been engaged in the community in the last
year-and-a-half. City Council want to keeps propelling things forward so please check
your email for that invitation and we look forward to your responses.
· Currently working on another survey but this one will be different. This survey will be
a small and quick one for residents, commuters, and guests. Falcon Heights is in the
middles of significant cities, and people pass our city every day. The survey is called
“Survey on the Spot” and will provide more details in the next City Council meeting.
Council Member Harris
· Is happy to be back on the City Council and appreciates it. I would like the people in the
community to know that the reason why I came back is to fulfill the remaining months
Joe Brown Thunder has left in his term. I am not planning to run for re-election. I
volunteered to go back to help the Council. I am happy to be here and serve with the
new Council Members that I have not served before. Thank you, everybody, and thank
you, everyone, who made comments.
Council Member Gustafson
· Would like to thank Pamela Harris for volunteering and serving in the City Council
again.
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· Community Engagement Commission meets on October 15th, 2018 at 7pm.
Commissioners have been working hard on editing the Neighborhood Liaison Packet
and are in its final steps. Monday, December 10 is Human Rights Day.
· Wednesday, October 3rd, 7:30am - 9am is Coffee with A Cop at Caribou Coffee 3354
Rice St in Little Canada. Another Coffee with A Cop event will be held at the
Underground Cafe in November, and it will be in the late afternoon. More details will
be out later.
City Administrator Thongvanh
· The Cultivating a Caring Community event is on Friday, October 5 at 7pm - 9pm. It will
at the TIES Building and reception starts at 6:30. Presentations begin at 7pm - 9pm, and
there are three guest speakers. The Keynote speakers are from the Dayton, Ohio
seminar that John Thompson and I attended. We also brought Ken Morris who is one of
the co-facilitators for the Task Force. He will do mini training that focuses on a caring
community. Invitations have been sent out and the last day to RSVP is October 1.
· The Curtiss Field basketball court will be postponed. It has been raining during the past
few days and weeks. We had about 5 to 6 inches of rain at Curtiss Field and would like
to remind everyone that the park was once a pond. Once the pipes fill up, the water will
rise, and that will create problems. We do not want to build it then have issues such as
cracks. Public Works will resume the installation after we resolve the problems.
I. COMMUNITY FORUM:
Sarah Chambers (2170 Folwell Ave)
Sarah is disappointed that the Council voted yes to have Pamela Harris in the City Council seat.
She expressed that the City Council serves the community and citizens, and Pamela Harris did
not do that during the incident.
“We had the murder of Castile, and there were a lot of concerns in the community. We know
from the emails that the press requested and Pam was advising other members of the Council to
not to reply to citizens who had concerns. But instead to channel everything through the City
Administrator.”
Sarah hopes the people who applied for the City council vacancy seat will not be discouraged
and to run again next year. Paula Mielke was a great candidate and hope she runs again. She
looks forward to the next election.
J. ADJOURNMENT: 8:15 P.M.
_____________________________
Peter Lindstrom, Mayor
Dated this 26th day of September, 2018
__________________________________
Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
October 10, 2018 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM _X__ LEEHY_X___ HARRIS _X__
MIAZGA _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATIONS:
Mayor Lindstrom
Amend the Agenda and add Sue Majerus from CTV under the Presentation section. Sue
Majerus requested a meeting with the Council and would like to provide updates.
Sue Majerus (CTV)
CTV has an app, and people can download it to their smartphones. The app shows videos of
CTV new programs, City Meetings, County Meetings, sports (Roseville Area High School), and
live videos. The month of September, we had 114.75 hours of programming, and that involves
Falcon Heights meetings on TV, Ramsey County Board, and sports events. Executive Director
Dana Healy’s communication plan is to bring in more visibility and fit with Falcon Heights
communication plan.
Council Member Leehy Moved, Approved 5-0
D. APPROVAL OF MINUTES:
City Administrator Thongvanh
Administrative Coordinator, Amanda Lor was not able to complete September 26 meeting minutes.
Due to short staff and Friday’s event, I wanted her to focus more on the event. We will approve those
minutes in the next meeting.
No Action Taken
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E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 10/03/18 $159,815.53
Payroll through: 9/30/18 $18,565.77
2. Appointment of Ned Mohan to the Falcon Heights Environment Commission
3. Appointment of Ryan Carlson to the Falcon Heights Park and Recreation Commission
Council Member Gustafson Moved, Approve 5-0
G: POLICY ITEMS:
1. Variance Application – 1411 Larpenteur Ave
City Administrator Thongvanh
On Wednesday, October 3, 2018, the Planning Commission held a special meeting to consider a
request for a variance from the City of Falcon Heights Zoning Code. The request is to exceed the six
foot maximum fence height limit by two feet to allow for the construction of an eight foot tall fence.
The location of the tall fence is at 1411 Larpenteur Ave West. Staff finds that the variance request is in
harmony with the purpose and intent of the zoning chapter as stated in Section 113-1. Staff also finds
that the variance requested is consistent with the Comprehensive Plan and that it will not impair or
diminish property values or improvements in the area.
Pictures and application can be found at the city website under the Agenda.
Carl Richardson (1411 Larpenteur Ave W)
Carl and his family lived on California Ave before moving to Minneapolis. They had
marvelous memories of living in Falcon Heights and are happy to be back. Carl and his wife
Sherry wanted to build a fence to create a backyard and have neighbor get-togethers. Carl and
Sherry created Salsa Thursday, and everyone is welcome to join. It is an excellent opportunity
to get to know new people and neighbors.
Council Member Miazga Moved, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS
Council Member Miazga
● Planning Commission met on October 3rd, 2018 for the variance request
● Comprehensive Plan is 70-80% in the review process. There might be another public
hearing at 1550 Larpenteur Ave.
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● Community Survey is now closed and City Administrator Thongvanh will total all the
responses and create a report.
Council Member Leehy
● October 17 and 18, City Hall Parking lot will have its first food truck event from 7am -
7pm. On Monday and Tuesday, volunteers, city staff, and council members will be out
on Snelling and Larpenteur to pass out a short survey to commuters who are passing
through our city. We call it Survey On the Spot (S.O.S), and if you take the short survey,
you will get a coupon. The coupon will let you have one free item from any food truck
of your choice.
● Cultivating a Caring Community on Friday, October 5 was very successful. I would like
to thank everyone who attended, keynote speakers and those who responded to the
emails. It was a recap of the Taskforce information and recommendations from 2016
and 2017 to collectively recharge and move forward. Also at the event, we passed out
handouts that had three topics and guests can choose up to two. Those trainings will be
held next year in the springtime.
● Also a reminder that City staff and Council will be going through trainings, which are
part of the Taskforce recommendations that was passed by the City Council in
December 2016.
Council Member Harris
● Enjoyed the Cultivating a Caring Community event and was able to participate in group
discussions. The event was very educational and wished Falcon Heights had those
resources during the Philando Castile shooting. It would have helped the city a lot with
implementations.
Council Member Gustafson
● Community Engagement Commission meeting is October 15, 2018, 7 pm at City Hall.
● Ramsey County Fright Farm open last week and will be open for the entire month of
October. It will be open every Friday, Saturday, and Sunday.
City Administrator Thongvanh
● Survey On the Spot will be passed out on the sidewalk of Larpenteur and Snelling. We
will have posters out so that people will know about it. The main purpose is to receive
feedback from individuals that pass through or visit our community. You will have the
ability to take the survey and receive a coupon for one free item (vendor’s choice). Food
trucks will be located at City Hall on October 17 and 18th from 7:00 am to 7:00 pm.
● The basketball court will be delayed until spring 2019. Due to the weather and rain, the
ground is too soft to start building it. In addition, winter is approaching, and the Public
Works crew will not have enough time to build it.
● TIES Building is in the process of executing a purchasing agreement.
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● The Assistant to the City Administrator job posting is available online and the deadline
is October 26th, at 4:30 pm
● Cultivating a Caring Community event was a great turn out. We passed out a small
handout with possible training for 2019 and guests can pick two topics.
● The Henderson Senior living complex project wants to start construction in December
and finish it next December. It will be a one-year construction project. However,
Council still needs to approve the final PUD in order to apply for building permits. Paul
Moretto (previous Community Development Coordinator) recommended City
Administrator to have a 5% variance in the project. This means the City Administrator
has the authority to approve the plan without bringing it to the City Council. The
purpose of the 5% variance is so there will not be any delays in the project.
● Fall is here and winter is approaching quickly. Public Works will be out sweeping next
week. This year will be different because we will notify residents two days before Public
Works sweep their area. We will post it on social media and weekly newsletters, which
will help residents move their vehicles out of their way.
● Public Works will try to get do one more mow before winter comes. This will help get
our parks prepped. Summer equipment will be stored at the State Fair, and we will start
prepping our winter equipment.
Mayor Lindstrom
● Environment Commission met on Monday, October 8, 2018. We spent the whole time on
the Comprehensive Plan. It was very aspirational and resilient. We are looking at
sustainability that will help the city in the long term.
I. COMMUNITY FORUM:
Katie Kohn (1929 Summer Street)
● Great job on Friday’s event. Community Engagement, S.O.S and the trainings that was
mentioned at Friday’s event, will that come out of the line item for inclusion now or
what does it look like?
● Wants to know where the city is in term with evaluation, assessment, and analysis.
City Administrator Thongvanh
● S.O.S and the event on October 5, did come out of the St. Paul Foundation Grant. The 2019
trainings will come from the line item from the budget item of $30,000.
Council Member Miazga
● Advised Katie Kohn to contact him about evaluation, assessment, and analysis.
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J. ADJOURNMENT: 7:53 PM
_____________________________
Peter Lindstrom, Mayor
Dated this 10 day of October, 2018
__________________________________
Sack Thongvanh, City Administrator
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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: 10/18/18 $101,242.72
Payroll through: 10/15/18 $22,064.05
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 October 24, 2018
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2019 Ramsey County Select Committee on Recycling & The Environment (SCORE)
Grant Submittal and Enter Into Agreement with Ramsey County for Funding
Description
The City of Falcon Heights has a long standing history of working with Ramsey
County to increase participation in City Wide Recycling Services. The SCORE Grant
helps the City to perform these services and to increase the participation rate
through education, events, and a diversity of the activities. The results of these
actives contribute to our high participation rate and will continue to do so into the
future.
Our estimated allocation for 2019 from Ramsey County is $15,415.
Budget Impact No Changes
Attachment(s) · Resolution 18-33 Authorization to Apply for the Select Committee on
Recycling & the Environment (SCORE) Grant
Action(s)
Requested
Staff request approval of attached resolution to apply for the grant. The grant is in
the estimated amount of $15,415.
Meeting Date October 24, 2018
Agenda Item Consent F2
Attachment Resolution
Submitted By Justin Markon, Community
Development Coordinator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION October 24, 2018
No. 18-33 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION AUTHORIZING THE 2019 RAMSEY COUNTY SELECT COMMITTEE ON RECYCLING & THE ENVIRONMENT (SCORE) GRANT SUBMITTEL, AND
ENTER INTO AN AGREEMENT
WITH RAMSEY COUNTY FOR FUNDING WHEREAS, the City of Falcon Heights has a recycling program, which serves the residents of
the City; and
WHEREAS, the City utilizes the Select Committee on Recycling & the Environment (SCORE) Grant funding to offset costs of that program each year; and
WHEREAS, the City Council has determined that participation in this program is beneficial
to the residents of Falcon Heights. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Direct staff to apply for the Select Committee on Recycling & the Environment (SCORE) Grant funding to offset costs of the program. 2. Authorize the Mayor and City Administrator to execute all necessary documents.
ADOPTED by the Falcon Heights City Council this 24th day of October, 2018.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh HARRIS ____ Against City Administrator LEEHY MIAZGA
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2018 Budget Amendment and Transfer of Funds for Fund 402 & 403
Description
September 12, 2018, the city council approved funding for a squad car as part of our
contract responsibility with the Ramsey county sheriff’s department at a cost of
$56,026. Staff recommends transferring $60,000 to the Public Safety Capital
Improvements Fund (402) from Sanitary Sewer Fund (601) to provide funds for this
squad car and recommends budget amendments to reflect this transfer:
Public Safety Capital Improvements Fund (402):
Revenue: 402-000-39200 $60,000 increase
Sanitary Sewer Fund (601):
Expense: 601-4601-97000 $60,000 increase
Also, in the 2019 budget, the city will be budgeting to purchase a used snow plow
truck with attachments from Ramsey county at an estimated cost of $170,000. The
city ownership of a large snow plow saves many thousands of dollars each year.
Staff recommends a transfer of funds from the Sanitary Sewer Fund (601) to
prefund this acquisition.
Pa;rks and Pubic Works Capital Improvements Fund (403):
Revenue: 403-000-39200 $170,000
Sanitary Sewer Fund(601):
Expense: 601-4601-97000 $170,000
Budget Impact Amend budget line items as reflected above and complete the transfer of funds.
Attachment(s) NA
Meeting Date October 24,2018
Agenda Item Consent F3
Attachment N/A
Submitted By Roland Olson, Finance Director
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Action(s)
Requested
Staff recommends budget amendments and transfer of funds of $60,000 to the
Public Safety Capital improvements Fund (402) from the sanitary sewer fund (601)
for the squad car. Staff also recommends a transfer of funds of $170,000 to the Parks
and Public Works Capital Improvements Fund (403) from the sanitary sewer fund
(601) to prefund the projected snowplow acquisition in 2019.
32 of 55
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Establish Special Revenue Fund 210 – Community Inclusion Fund
Description
Staff recommends establishing (Fund 210) to account for the revenues and
expenditures of the Community Inclusion activities. Staff recommends establishing
the following revenue budget line items for this fund for 2018:
2018 Budget Amount
210-33610 Grants 0
210-36211 Interest on Investments $100
210-36213 Change in Fair Value of Investments 0
210-39200 Transfer $20,000
Staff recommends establishing the following budget expense line items for this fund
for 2018: 2018 Budget Amount
210-4210-80310 Audit $800
210-4210-70100 Supplies 3,000
210-4210-70420 Newsletter/Printing/Publishing 1,000
210-4210-70500 Postage 200
210-4210-86100 Conferences/Education 5,000
210-4210-86105 Inclusion Training 10,000
210-4210-97000 Transfer 0
This special revenue fund will be used for the community inclusion program.
The City received $20,000 from the St Paul Foundation in December of 2017.
It was tentatively placed in fund 208 Community Development. These funds need
to be transferred from Fund 208 to fund this new Fund 210. Staff recommends
establishing budget line items and completing a transfer of funds from Fund 208 to
Fund 210. The entry would be:
Dr Cr
210-39200 Transfer 20,000
208-4208-97000 Transfer 20,000
Meeting Date October 24, 2018
Agenda Item Policy G1
Attachment N/A
Submitted By Roland Olson, Finance Director
33 of 55
Budget Impact Establish fund 210, establish budget line item amounts as listed above for 2018, and
transfer the $20,000.
Attachment(s) NA
Action(s)
Requested
Staff recommends establishing Fund 210 Community Inclusion, establish budget
line items, and transfer the funds from fund 208 to fund 210.
34 of 55
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve the Joint Powers Agreement with the City of Roseville for the 2019
Sanitary Sewer Lining Project
Description The City of Roseville and the City of Falcon Heights will be cooperating on the
rehabilitation of various sanitary sewer lines throughout both cities. This project
will consists of installing a Cast-In-Place Pipe in the existing sewer line in order
to rehabilitate the line.
This agreement will detail the costs for the project between the two cities and
allow Roseville to be reimbursed for construction costs incurred as a result of the
project. Roseville staff time spent on this project will be proportionately billed to
Falcon Heights based on the current Joint Powers Agreement with for
engineering services. Both Roseville and Falcon Heights City Attorneys have
reviewed the contract.
Budget Impact The estimated cost for Falcon Heights’s portion of the project is $203,358.74. The
City of Roseville will invoice the City of Falcon Heights for the actual project as
described in the Joint Powers Agreement. This work will be paid using Sanitary
Sewer Utility funds.
Attachment(s) ·Joint Powers Agreement
·Map
Action(s)
Requested
Motion approving the Joint Powers Agreement with the City of Roseville for the
2019 Sanitary Sewer Lining Project and authorize the City Administrator and
Mayor to execute all necessary documents.
Meeting Date October 24, 2018
Agenda Item Policy G2
Attachment Joint Powers Agreement
Submitted By Jesse Freihammer, City Engineer
35 of 55
BLANK PAGE
36 of 55
SANITARY SEWER LINING AGREEMENT
Dated as of ________________, 2018
This Agreement is made on ___________, 2018, between the City of Roseville, a Minnesota municipal corporation ("Roseville"), and the City of Falcon Heights, a Minnesota municipal corporation ("Falcon Heights").
1. PURPOSE Roseville and Falcon Heights (Collectively the "Cities") have determined that it is in the best interests of the residents of each city to undertake in a cooperative fashion the lining of sanitary sewer main lines (the "Project"). The goal of the Cities is to provide for a coordinated cost effective completion of the Project. The purpose of this agreement is to set forth the terms
governing the design and construction of the Project.
2. PROJECT 2.1 The Project shall consist of the facilities identified in Exhibit A hereto, subject to modification as provided herein.
2.2 The costs of the Project will be paid by the Cities as provided in Section 5.1 hereof.
3. DESIGN 3.1 Roseville, will prepare, or have prepared, engineering drawings, specifications and construction plans for the Project. The construction plans will include a cost estimate. The
final cost estimate will include all costs associated with the Project as well as a contingency
budget for unforeseeable circumstances associated with the construction. Roseville will comply with any requirements of Minnesota law with respect to approvals of such plans and specifications. 3.2 Final construction plans, engineering drawings, specifications and cost estimates will be
submitted to each Falcon Heights City Administrator for approval prior to releasing the
Project for bidding.
4. CONSTRUCTION 4.1 If final construction plans and specifications are approved by each city council, Roseville
shall proceed with construction of the Project. Roseville will advertise for bids in
accordance with the requirements of the municipal contracting law. 4.2 Prior to awarding construction contracts Roseville will review the bids received with Falcon Heights. If the contracts exceed the cost estimates contained in the construction plans (including a contingency budget) previously approved by the Cities by 20% or more
the bids will be approved individually by each city council or the project may not proceed.
4.3 Roseville will be the contracting party and will use ordinary and prudent efforts to require that the Project is constructed in compliance with approved plans and specifications and completed with reasonable promptness. 4.4 Roseville will notify Falcon Heights of any change order which increases the cost of any
individual construction contract for the Project by more than $5, 000 of the original amount
thereof or which materially changes the scope of the Project. Roseville shall obtain the written authorization of Falcon Heights prior to approving such a change order. However, prior written authorization is not necessary if the change order presents imminent
37 of 55
health/safety issues making prior authorization impractical. In such cases, the change order
shall be seasonably presented to Falcon Heights for ratification. Falcon Heights must not
unreasonably withhold its consent to change orders resulting from unforeseen circumstances arising from the construction. 5. PAYMENT OF COSTS OF PROJECT 5.1 The cost of the Project will be categorized based on ownership of the infrastructure and
charged to the Cities accordingly. Costs will include, but not be limited to, the services identified in Article 6 hereof, all costs related to obtaining all necessary permits and approvals for the Project, costs incurred in agreements, and any and all other costs associated with the Project.
5.2 All invoices or requests for payment will be approved and paid by Roseville. Within 10
days of the end of each calendar month, Roseville shall provide a statement to Falcon Heights showing the prior month's activity, the invoices received, the full costs of services provided by Roseville staff, and the amount Falcon Heights owes to Roseville for the Project and for items outside of the Project, such as those in sections 2.3 hereof. Within 30
days of the receipt of that statement, Falcon Heights shall pay that amount to Roseville or
provide in writing a list and explanation of any amounts it disputes and pay the undisputed amount. Any disputes regarding payment shall be resolved through the dispute resolution process contained in Article 7 hereof. 5.3 If this Agreement is terminated under Section 8 hereof, both cities shall nevertheless be
liable for the payment of their cost share which is incurred up to the date of termination of
this Agreement, or as a result of termination of this Agreement. 6. SERVICES TO BE PROVIDED BY ROSEVLLLE 6.1 Roseville will provide qualified engineering employees to perform street and utility design
and related technical services to the Project. These services include:
Complete design; Acquire required permits and approvals; Prepare plans and specifications; Manage contracts made for completion of the Project and for items outside the Project
included in sections 2.3 and 2.4 hereof;
Supervise construction, including inspection of the work; Conduct construction surveying; Prepare as- built drawings; Design utilities, as required;
6.2 Roseville may, at its discretion, contract with a qualified third party to conduct or complete
any or all of these services. Roseville employees shall be billed at their direct salary expenses, including benefits and applicable overhead. 7. DISPUTE RESOLUTION 7.1 If a dispute arises between the Cities regarding this agreement or the construction of the
Project, the City Manager and City Administrator of each city, or their designees, must promptly meet and attempt in good faith to negotiate a resolution of the dispute. 7.2 If the Cites have not negotiated a resolution of the dispute within 30 days after this meeting, the Cities may jointly select a mediator to facilitate further discussion.
38 of 55
7.3 If a mediator is not used or if the Cities are unable to resolve the dispute within 30 days
after the first meeting with the selected mediator, the dispute shall be adjudicated in civil
court. 8. GENERAL PROVISIONS 8.1 All notices under this agreement must be delivered personally or sent by first class mail
addressed to:
If to Roseville: City Manager
City of Roseville
2660 Civic Center Drive
Roseville, MN 55113
If to Falcon Heights: City Administrator
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN
or addressed to such party at such other address as such party shall hereafter furnish by notice to the other party. 8.2 This Agreement shall terminate if either City fails to approve the construction plans for the Project. 8.3 This Agreement may be amended only in writing, executed by the proper representatives
of each city. 8.4 This Agreement must be interpreted under the laws of the State of Minnesota.
39 of 55
IN WITNESS WHEREOF, the undersigned parties have entered into this Agreement as of the
date set forth above.
Date: CITY OF ROSEVILLE
By:
Mayor
And:
City Manager
Date: CITY OF FALCON HEIGHTS
By:
Mayor
And:
City Administrator
40 of 55
EXHIBIT A
THE PROJECT
Install Cast in Place Pipe liner in existing sanitary sewer main line.
[Enclosed Project Map also included in Exhibit A]
41 of 55
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´
Data Sources and Contacts:* Ramsey County GIS Base Map* City of Roseville Engineering DepartmentFor further information regarding the contents of this map contact:City of Roseville, Engineering Department,2660 Civic Center Drive, Roseville MN
DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided.
2019 Sanitary Sewer Lining
Prepared by:City of Roseville Engineering Department
0 100 200 300 400Feet
mapdoc: 2019SanitaryLining.mxdmap: 2019SanitaryLining.pdfOctober 02, 2018
?Falcon Heights Sanitary Sewer Pipe
?St. Paul Sanitary Sewer Pipe
!(Sanitary Manholes
?Proposed 2019 Lining (1.79 miles)
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve Traffic Control Signal Agreement
Description
The Minnesota Department of Transportation (MnDOT) plans to replace the signal lights
at the intersection of Snelling Avenue (TH 51) and Hoyt Avenue and Snelling Avenue (TH
51) and Dan Patch Avenue in 2019. Typically, for signal systems, each agency pays for its
portion of the cost of the signal system by the number of legs of the intersection each
agency controls.
For the Hoyt intersection, Falcon Heights will pay for the north half of both the east and
west leg of Hoyt Avenue. City staff worked with MnDOT to have the Minnesota State
Agricultural Society (MSAS or State Fair) pay for half of the west leg of Hoyt since it
benefits the State Fair. The intersection breakdown is as follows;
· MnDOT – 50%
· Falcon Heights – 25%
· St Paul – 12.5%
· MSAS – 12.5%
The MnDOT Traffic Control Signal Agreement (Attachment B) details out the cost and
responsibilities for each agency involved. Construction cost for Falcon Heights will be 25%
of thee project costs and are estimated to be $94,684.14. Actual costs will be determined
based on bids. The agreement also details who will be responsible for future maintenance
costs which is similar to the current agreement for this signal system.
Additionally MnDOT will be replacing the signal system at Dan Patch Avenue. City staff
worked with MnDOT to have MSAS pay for the entire west leg of this intersection so the
City of Falcon Heights will no longer have any responsibilities at this signal system.
Budget
Impact
The current estimated cost to Falcon Heights is $94,684.14. Actual costs will be determined
after bids are opened. Falcon Heights can use Municipal State Aid funds to pay for this
improvement.
Future costs for maintenance of the signal including electric, replacement of luminaires
and maintenance of the cabinet and mast arms will be 75% the responsibility of Falcon
Heights. St Paul will pay for the other 25% of the maintenance. This is similar costs to the
current signal agreement.
Meeting Date October 24, 2018
Agenda Item Policy G3
Attachment Agreement, Resolution
Submitted By Jesse Freihammer, City Engineer
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Attachment A: Resolution; B: MnDOT Traffic Control Signal Agreement
Action(s)
Requested
Approve resolution entering into a Traffic Control Signal Agreement with the Minnesota
Department of Transportation. Authorize the City Administrator and Mayor to execute all
necessary documents.
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MnDOT Contract No: 1032118
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STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
And CITY OF FALCON HEIGHTS And CITY OF ST. PAUL And MINNESOTA STATE AGRICULTURAL SOCIETY TRAFFIC CONTROL SIGNAL AGREEMENT
State Project Number (S.P.): 6216-136 Falcon Heights: Total Obligation $94,684.14 Trunk Highway Number (T.H.): 51=125
State Aid Project Number (S.A.P.): 124-010-001 St. Paul: Total Obligation $47,342.07
State Aid Project Number (S.A.P.): 164-010-073
Signal System ID: 2401353 MSAS: Total Obligation $47,342.07
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("MnDOT"), the City of Falcon Heights acting through its City Council ("Falcon Heights") and the City of St. Paul acting through its City Council ("St. Paul") and the Minnesota State Agricultural Society ("MSAS").
Recitals
1. MnDOT will remove the existing traffic control signal and install a new traffic control signal with signal pole mounted luminaires and signing ("Signal System"), on Trunk Highway No. 51 at Hoyt Avenue, in the Cities of Falcon Heights and St. Paul, located in Ramsey County, Minnesota, according to MnDOT-prepared plans, specifications and special provisions designated by MnDOT as State Project No. 6216-136, State Aid Project No. 124-010-001, and State Aid Project No. 164-010-073 (T.H. 51=125) ("Project"); and
2. MnDOT will install Emergency Vehicle Pre-emption System ("EVP System") and Accessible Pedestrian Signals ("APS") as part of the new Signal System; and
3. MnDOT will furnish a cabinet and controller Type R and Video Camera ("State Furnished Materials"), according to the Project Plans, to operate the Signal System covered under this Agreement; and
4. Falcon Heights, St. Paul, and the Minnesota State Agricultural Society wish to participate in the costs of the
Signal System, APS, and EVP System construction, State Furnished Materials lump sum amounts, and associated construction engineering; and
5. MnDOT, Falcon Heights, and St. Paul will participate in the operation and maintenance of the new Signal
System, APS, and EVP System; and
6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans
1.1. Effective Date. This Agreement will be effective on the date MnDOT obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State
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MnDOT Contract No: 1032118
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Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
The terms and conditions set forth in Article 3. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another agreement between the parties.
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by MnDOT as State Aid Project No. 124-010-001, State Aid Project No. 164-010-073, and State Project No. 6216-136 (T.H. 51=125) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans").
2. Construction by MnDOT
2.1. Contract Award. MnDOT will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans.
2.2. Direction, Supervision and Inspection of Construction. MnDOT will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans.
2.3. Plan Changes, Additional Construction, Etc.
A. MnDOT will make changes in the Project Plans and contract construction, which may include Falcon Heights, St. Paul or MSAS participation construction covered under this Agreement, and will enter into
any necessary addenda and change orders with MnDOT's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. MnDOT District Engineer's authorized representative will inform the appropriate Falcon Heights, St. Paul or MSAS officials of any proposed addenda and change orders to the construction contract that will affect Falcon Heights, St. Paul or MSAS participation construction covered under this Agreement.
B. Falcon Heights, St. Paul or MSAS may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter with MnDOT. If MnDOT determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, MnDOT will cause the additional work or plan changes to be made.
2.4. Satisfactory Completion of Contract. MnDOT will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner.
3. Signal System and EVP System Operation and Maintenance
Operation and maintenance responsibilities will be as follows for the Signal System and EVP System on T.H. 51
at Hoyt Avenue.
3.1. Falcon Heights and St. Paul Responsibilities.
A. Power. Falcon Heights will be responsible for the hook-up cost and application to secure an adequate
power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System and EVP System. St. Paul will reimburse Falcon Heights for 25% of the power costs.
B. Minor Signal System Maintenance. St. Paul will provide for the following, without cost to MnDOT. Falcon Heights will reimburse St. Paul for 75% of the Minor Signal System maintenance costs.
i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation.
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MnDOT Contract No: 1032118
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ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each
LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output.
iii. Clean the Signal System controller cabinet and service cabinet exteriors.
iv. Clean the Signal System and luminaire mast arm extensions.
3.2. MnDOT Responsibilities.
A. Interconnect; Timing; Other Maintenance. MnDOT will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to Falcon Heights, St. Paul, or MSAS. All Signal System timing will be determined by MnDOT, and no changes will be made without MnDOT's approval.
B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements:
i. All maintenance of the EVP System must be done by MnDOT forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. Falcon Heights and St. Paul will provide MnDOT's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by MnDOT.
iii. Malfunction of the EVP System must be reported to MnDOT immediately.
iv. In the event the EVP System or its components are, in the opinion of MnDOT, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after Falcon Heights or St. Paul receives written notice from MnDOT, the State may remove the EVP
System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of MnDOT.
v. All timing of the EVP System will be determined by MnDOT.
3.3. Right-of-Way Access. Each party authorizes the other parties to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement.
3.4. Related Agreements. This Agreement will supersede and terminate Agreement No. 88641M, dated October 3, 2006, between the parties.
4. Basis of Falcon Heights, St. Paul, and MSAS Cost
4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated Falcon Heights, St. Paul, and MSAS participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices.
4.2. Falcon Heights, St. Paul, and MSAS Participation Construction. Falcon Heights, St. Paul, and MSAS will participate in the following at the percentages indicated.
A. Signal System, APS, EVP System, and State Furnished Materials on T.H. 51 at Hoyt Avenue.
i. 25 Percent will be Falcon Heights' rate of cost participation.
ii. 12.5 Percent will be St. Paul's rate of cost participation.
iii. 12.5 Percent will be the MSAS's rate of cost participation.
4.3. Construction Engineering Costs. Falcon Heights, St. Paul, and MSAS will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. Falcon Heights, St. Paul, and MSAS will share in the costs of
construction contract addenda and change orders that are necessary to complete the Falcon Heights, St. Paul,
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MnDOT Contract No: 1032118
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and MSAS participation construction covered under this Agreement, including any Falcon Heights, St. Paul,
or MSAS requested additional work and plan changes.
MnDOT reserves the right to invoice Falcon Heights, St. Paul, or MSAS for the cost of any additional Falcon Heights, St. Paul, or MSAS requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction.
5. Falcon Heights, St. Paul and MSAS Cost and Payment
5.1. Falcon Heights, St. Paul, and MSAS Cost. $94,684.14 is Falcon Heights estimated share, $47,342.07 is St. Paul's estimated share, and $47,342.07 is MSAS’s estimated share of the costs of the contract construction, State Furnished Materials, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, MnDOT will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement.
5.2. Conditions of Payment. Falcon Heights, St. Paul, and MSAS will pay MnDOT their respective full and complete lump sum amount, as shown in the Revised Schedule "I", after the following conditions have been
met:
A. Execution of this Agreement and transmittal to Falcon Heights, St. Paul, and MSAS, including a copy of the Revised Schedule "I".
B. Falcon Heights, St. Paul, and MSAS receipt of a written request from MnDOT for the advancement of funds.
5.3. Acceptance of Falcon Heights, St. Paul, and MSAS's Cost and Completed Construction. The computation
by MnDOT of the amount due from Falcon Heights and St. Paul will be final, binding and conclusive. Acceptance by MnDOT of the completed contract construction will be final, binding and conclusive upon Falcon Heights, St. Paul, and MSAS as to the satisfactory completion of the contract construction.
5.4. Final Payment; Additional Falcon Heights, St. Paul, and MSAS Requested Work. Upon completion of all contract construction and upon computation of the final amount due MnDOT's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement, MnDOT will prepare a Final Schedule "I" and submit a copy to Falcon Heights, St. Paul, and MSAS. The Final Schedule "I" will be based on final quantities of any additional Falcon Heights, St. Paul, and MSAS requested participation construction items and the construction engineering cost share due to additional requested work. The computation by MnDOT of the amount due from Falcon Heights, St. Paul, and MSAS will be final, binding and conclusive.
MnDOT, Falcon Heights, St. Paul, and MSAS waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement.
6.1. MnDOT's Authorized Representative will be:
Name/Title: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7877 E-Mail: gregory.kern@state.mn.us
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MnDOT Contract No: 1032118
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6.2. St. Paul's Authorized Representative will be:
Name/Title: Paul Kurtz, City Engineer (or successor) Address: 25 West 4th Street, 1500 City Hall Annex, St. Paul, MN 55102 Telephone: 651-266-6203 E-Mail: paul.kurtz@ci.stpaul.mn.us 6.3. Falcon Heights’ Authorized Representative will be:
Name/Title: Jesse Freihammer, City Engineer (or successor) Address: 2077 W. Larpenteur Avenue, Falcon Heights, MN 55113 Telephone: 651-792-7042 E-Mail: jesse.freihammer@cityofroseville.com 6.4. MSAS’ Authorized Representative will be:
Name/Title: Jerry Hammer, Executive Vice President (or successor) Address: 1265 Snelling Avenue N., St. Paul, MN 55108 Telephone: 651-288-4400
E-Mail: jerry.hammer@mnstatefair.org 7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between MnDOT, Falcon Heights, St. Paul, and MSAS. No other understanding regarding this Agreement, whether written or oral, may be used to bind the parties.
8. Liability; Worker Compensation Claims
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of MnDOT. Minnesota Statutes Chapter 466 and other applicable law govern liability of Falcon Heights, St. Paul, and MSAS.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, Falcon Heights, St. Paul, and MSAS's books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the
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State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
Agreement.
11. Government Data Practices
Falcon Heights, St. Paul, MSAS, and MnDOT must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Falcon Heights, St. Paul, and MSAS under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by Falcon Heights, St. Paul, MSAS, or MnDOT.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
13.2. Termination for Insufficient Funding. MnDOT may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to Falcon Heights, St. Paul, and MSAS.
13.3. Suspension. In the event of a total or partial government shutdown, MnDOT may suspend this Agreement and all work, activities and performance of work authorized through this Agreement.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
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MnDOT Contract No: 1032118
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CITY OF FALCON HEIGHTS
The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
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MnDOT Contract No: 1032118
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MINNESOTA STATE AGRICULTURAL SOCIETY
The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
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MnDOT Contract No: 1032118
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CITY OF ST. PAUL The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances.
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
Recommended for Approval: By:
(District Engineer)
By: Date:
(Director of Public Works)
Approved as to form and execution: Approved:
By: By:
(Assistant City Attorney) (State Design Engineer)
By: Date:
(Mayor)
Date:
By: COMMISSIONER OF ADMINISTRATION
(Director of Finance & Management Services)
Date:
By:
(With delegated authority)
Date:
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CITY OF FALCON HEIGHTS
RESOLUTION IT IS RESOLVED that the City of Falcon Heights enter into MnDOT Agreement No. 1032118
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 51 at Hoyt Avenue within the corporate City limits under State Aid Project No. 124-010-001, State Aid Project No. 164-010-073, and State Project
No. 6216-136.
IT IS FURTHER RESOLVED that the _______________________________________ and the
(Title) _____________________________________ are authorized to execute the Agreement and any
(Title) amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Falcon Heights at an authorized meeting held on the __________ day of ____________________, 2018, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this ________ day of _________________, 2018
Notary Public ________________________ My Commission Expires _______________
____________________________________
(Signature) ____________________________________
(Type or Print Name)
____________________________________
(Title)
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CITY OF ST. PAUL RESOLUTION IT IS RESOLVED that the City of St. Paul enter into MnDOT Agreement No. 1032118 with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the Traffic
Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 51 at Hoyt Avenue within the corporate City limits under State Aid Project No. 124-010-001, State Aid Project No. 164-010-073, and State Project No. 6216-136.
IT IS FURTHER RESOLVED that the _______________________________________ and the
(Title) _____________________________________ are authorized to execute the Agreement and any
(Title) amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of St. Paul at an authorized meeting held on the __________ day of ____________________, 2018, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this ________ day of _________________, 2018 Notary Public ________________________
My Commission Expires _______________
____________________________________
(Signature) ____________________________________
(Type or Print Name)
____________________________________
(Title)
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