HomeMy WebLinkAboutCity_Council_Packet_12-11-19CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 11, 2019 at 7:00 P.M.
A.CALL TO ORDER:
B. ROLL CALL: Vacant ___ LEEHY____ HARRIS____
MIAZGA ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C.PRESENTATION
1. Appointment of Yakasah Wehyee to the Vacant City Council Seat and Oath of Office
Ceremony
D. APPROVAL OF MINUTES:
1.November 13, 2019 City Council Meeting Minutes
E.PUBLIC HEARINGS:
1. 2020 Truth in Taxation and Budget Presentation
F. CONSENT AGENDA:
1. General Disbursements through: 12/04/19 $206,634.23
Payroll through: 11/30/19 $38,560.11
2.Approval of City License(s)
3.Appointment of Prosecuting Attorney
4.Appointment of City Attorney
5.Appointment of City Engineer
6.Appointment of City Auditor
7. Designation of Official Newspaper
8. 2020 Cost of Living Adjustment (COLA)
9. Statutory Tort Limits Liability Coverage for the City in 2020
10.Appointment of Jim Bykowski to the Board of Water Commissioners for Saint Paul
Regional Water Services
11. Close Fund 427 GO Street Improvement Capital Fund to Debt Service Fund 316 GO
Improvement Bonds Series 2017A
12.Approve DEED Grant Resolution
13.Budget Amendment(s)
14.Donation for Human Rights Day
G: POLICY ITEMS:
1.Approve Quote for Sanitary Sewer Main Repair
2. MnDOT Lighting for Snelling and Roselawn
3. Professional Service Agreement for Fire Service Administrative Direction and
Command Services from the City of Roseville
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referred
for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items.
J. ADJOURNMENT:
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Yakasah Wehyee to the Vacant City Council Seat and Oath of
Office Ceremony
Description
On March 6, 2019, Mayor Peter Lindstrom submitted a letter of resignation due to
his appointment by Governor Tim Walz to the Metropolitan Council. Mayor Peter
Lindstrom was appointed to the City Council on January 5th, 2000. Mayor Peter
Lindstrom took his Oath of Office as Mayor on January 9, 2008, given by his father
John Lindstrom.
On March 27th, 2019, due to the short remaining term for the Mayor seat, the City
Council decided to appoint Council Member Randy Gustafson as the Mayor. The
Council also decided to delay the appointment of Council Member Randy
Gustafson until after the 2019 November election and appoint the candidate that
received the most vote.
Budget Impact N/A
Attachment(s) • Oath of Office – Yakasah Wehyee
Action(s)
Requested
Motion to approve appointing Yakasah Wehyee to the vacant City Council seat and
administer the Oath of Office.
Meeting Date December 11, 2019
Agenda Item Presentation C1
Attachment Oath of Office
Submitted By Sack Thongvanh, City Administrator
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Oath of Office
“I, Yakasah Wehyee, do solemnly affirm to support the Constitution of the
United States, the Constitution of the State of Minnesota, and to discharge
faithfully the duties of the office of City Council Member of the City of Falcon
Heights, Minnesota, to the best of my judgement and ability, and this I do under
the penalties of perjury.”
_____________________________
Yakasah Wehyee, Council Member
ATTEST: _________________________________
Sack Thongvanh, City Administrator
December 11, 2019
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
November 13, 2019 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: Vacant ___ LEEHY__X__ HARRIS__X__
MIAZGA _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. October 23, 2019 City Council Meeting Minutes
Approved, 4-0
2. November 6, 2019 City Council Workshop Meeting Minutes
Council Member Leehy sent corrections to City Administrator Thongvanh.
Approved, 4-0
E. PUBLIC HEARINGS:
1. Proposal for a Housing Finance Program and the Issuance of Multifamily Housing
Revenue Bonds to Finance a Multifamily Housing Development
City Administrator Thongvanh
The City Council previously approved the submission of an application for volume cap allocation,
which was made to Minnesota Management and Budget (“MMB”) earlier this summer. A partial
allocation of $3,622,377 (out of the $40,000,000 requested) was received in early August, requiring
closing on the Bonds by no later than December 3rd. The budget impact is to collect ¼ of 1% for the
issuance of the bond. These bonds will be used for renovations at the Amber Union site.
Daniel Burns, Attorney - Biggs and Morgan
Buhl Investors is requesting the city to issue a conduit revenue note to help assist in the financing due
to the process and allocation of bonding. They received a portion and will try it again in 2020. In 2020,
there are a few changes to the process and will be back for additional allocation. It will need to be
approved by the state and issued again. In addition, the conduit revenue note states that it will be
held by the bank and the principal payments and interest payments will be paid solely by the
borrower. No holder of the note shall have a right to compel the city to exercise its taxing power for
the repayment of the principal urge to the note. The note also includes that it will not affect the city’s
credit in any shape.
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Mayor Gustafson asked if the city would need to hold another public hearing that will meet the
obligations for the next levels of the bond. Mr. Burns stated that it depends on the timing and will
review the previous resolutions for the limit. If it does not exceed the limit then the city does not have
to hold a public hearing. City Administrator Thongvanh clarified that the housing finance program
would not exceed $40 million. In addition to the changes for 2020, they will start looking at total
projects and not allocations.
Council Member Harris Moved, Approved 4-0
F. CONSENT AGENDA:
1. General Disbursements through: 11/04/19 $140,831.31
Payroll through 10/31/19 $18,046.65
2. Approval of City License(s)
3. Amber Union DEED Grant – Authorizing Grant Application
4. Appointment of Ryan Carlson to the Falcon Heights Fire Department
5. Appointment of Fabio Vannucci to the Falcon Heights Fire Department
Ryan Carlson
My wife and I moved to Minnesota a couple of months ago. I was looking for ways to be
involved in the community, get to know the neighborhood, volunteer and give back. The first
thing I did was join the Parks and Recreation Commission and secondly the fire department. I
am excited and passionate to help build a better community.
Fabio Vannucci
My family and I moved to Falcon Heights in April 2016. We have been working abroad, and
when we moved back I was looking for ways to give back to the community. I found that the
fire department was a good way to give back and am excited to be part of it.
Mayor Gustafson Moved, Approved 4-0
G: POLICY ITEMS:
1. Canvassing Election Results
Mayor Gustafson reads the November 5, 2019 Ramsey County election results.
Mayor
Dave Thomas - 31.9%
Randy Gustafson - 67.6%
Write In - .004%
Council Member
Yakasah Wehyee - 44.4%
Adam Sychia - 11.5%
Kay Andrews - 43.2%
Write In - .009%
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Yakasah Wehyee
I am thrilled to be elected and serve this amazing community. I will be starting in December
and finish Mr. Gustafson’s council term.
Council Member Leehy Moved, Approved 4-0
2. Consider Organics Recycling Coordination with Ramsey County
City Administrator Thongvanh
The city was approached by Ramsey County, and they are currently exploring ways to expand
organics recycling for residential use. State law requires metro counties to achieve a 75%
recycling goal by 2030, and estimates show that approximately 25% of waste streams include
food waste.
Ramsey County would oversee construction, signage, and ongoing maintenance of the site.
Hauling of the organics would be coordinated by the county. The city would be responsible for
snow removal and making sure access to the site is maintained. Additionally, the city has $1,225
to use for promotion or other costs associated with the collection site through the SCORE grant.
City Council voted to place the collection site at City Hall. Council Member Miazga Moved, Approved 4-0
3. Consider Parking Regulation on Prior Avenue
City Administrator Thongvanh
Prior staff authorized the signs between Maple Ct and the Garden Ave walkway; however, there are
no permits. We believed the signs were installed to prevent student parking and only for business
use. Staff recommends adopting the permitted parking signs and residents and businesses must
purchase permits in city hall.
Council Member Harris Moved, Approved 4-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Miazga
• Environment Commission did not meet this month because of Veteran’s Day.
• NYFS is having a strategic planning session this month. They are going through some
transitions.
• The bonding proposal for the Community Park is still under review. Unfortunately, the
committee will not tour our park this week as a part of their Twin Cities review. I did
get a short interview with the Park Bugle about it, and it should be in December’s paper.
Please contact your representatives, districts and bonding commission because we need
to be in the top 20% to get the bonding.
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Council Member Leehy
• No updates but I want to extend my gratitude to veterans and families of
veterans. Thank you for your service to our country. I also want to wish a Happy
Thanksgiving to our community.
Council Member Harris
• I also do not have any city updates but would like to thank our veterans for their service
and Happy Thanksgiving to everyone.
Mayor Gustafson
• Community Engagement Commission will not meet in November
• Cultivating a Caring Community - “Gray Area Thinking” with Ellie Krug is on Monday,
November 18, at 6pm at the city hall. I highly recommend everyone attend the event.
• Human Rights Day is on Tuesday, December 10, 6:30pm at city hall. This year’s theme
will focus on Food Security and Child Hunger. We have speakers from the Minnesota
Department of Human Services, St. Paul Public Schools, Mid-Minnesota Legal Aid, and
the Sheridan Story. There will be activities for schoolchildren while parents are in the
chambers.
• I want to thank everyone who participated and attended Fright Farm the last 23 seasons.
We learned that this year’s Fright Farm would be the last one. Ramsey County Public
Works and Property and Maintenance management have declared that the barn is
unsafe to hold events. They raised $100,000 this year, and it goes towards the Sheriff’s
Foundation, which provides youth and community programs. They will also explore
new ways to raise money that cannot come out of the regular budget of operations.
City Administrator Thongvanh
• Public Works has been street sweeping and we try to send out a 24 hours’ notice to
residents.
• The city will continue to provide helpful tips for the holiday on Weekly E-News. These
tips are coming from Ramsey County Sheriff's Office.
• We are still looking for ice rink attendants. If you know anyone who is interested, please
apply online or call city hall.
• No parking on city streets after two inches of snowfall until the streets is cleared curb to
curb. We do not declare a snow emergency.
I. COMMUNITY FORUM:
J. ADJOURNMENT: 7:55 P.M.
________________________________
Randy Gustafson, Mayor
Dated this 11th day of December, 2019
_________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2020 Truth in Taxation Hearing to Adopt 2020 Tax Levy and Budget
Description
Each year the City Council is required to adopt a budget and tax levy to fund City
operations. This action must be completed before the end of the year, and the
adopted levy is then provided to Ramsey County so they can produce property tax
statements for each parcel in the County. On September 25th, the City Council
adopted a preliminary levy and established December 11th as the date at which the
public would be given an opportunity to address the Council about the proposed
budget and tax levy.
Before the Council, are a proposed property tax levy of $2,137,524 and a General
Fund Budget of $2,857,675. The levy and budget with a comparison to previous
years is detailed below:
2018 Levy 2019 Levy Proposed 2020
Levy
% Increase
(Decrease)/
2019 to 2020
Ad Valorem $1,487.059 $1,747,260 $1,909,536 9.3%
Debt Service $98,330 $233,658 $227,988 -2.4%
Total $1,585,389 $1,980,918 $2,137,524 7.9%
2018 General
Fund Budget
2019 General
Fund Budget
Proposed 2020
General Fund
Budget
% Increase
2019 to 2020
$2,405,810 $2,668,698 $2,857,675 7.1%
The impact of this proposed levy on a median valued home, which in 2019 is
assessed at $293,521 (8.0% increase over 2018), is estimated to result in an increase of
$67, in the City portion of the homeowner’s taxes.
Meeting Date December 11, 2019
Agenda Item Public Hearing E1
Attachment Resolutions(s)
Submitted By Sack Thongvanh, City Administrator
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A full presentation with more details will be presented at the City Council meeting
and will be available on the City’s website. In addition, attached to this report is the
budget cover letter which goes into more detail about specific budget line items,
factors influencing the proposed budget, and historical information.
Budget Impact This budget preserves the core functions of the City’s current operations.
Attachment(s) • Resolutions 19-43 Approving 2020 Tax Levy
• Resolution 19-44 Approving 2020 City Budget
Due to the size and cost of printing the 2020 Budget, the document is available on the
City’s website and at City Hall.
2020 Budget: https://www.falconheights.org/vertical/Sites/%7BA88B3088-FA03-
4D5D-9D04-CCC9EF496399%7D/uploads/2020_Budget.pdf
Action(s)
Requested
Staff recommends that the Falcon Heights City Council hold a public hearing and
receive comment. Once the hearing is closed, staff recommends that the City
Council adopt attached resolutions regarding the 2020 Tax Levy and regarding the
2020 City of Falcon Heights Budget.
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2020 Truth and
Taxation Hearing
Sack Thongvanh, City Administrator
Roland Olson, Finance Director
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Factors That Affect Taxes
Changes in the tax levy (or spending decision) made by the city,
county, school, or special taxing authority
Changes in the market value of your property
Legislative changes
New taxes approved by referendum are applied to market value (not tax capacity)
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Ramsey County Tax Statement
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Market Value Exclusion
In 2011, State eliminated Market Value Homestead Credit (MVHC) and replaced it with Market Value Exclusion.
Taxable Market Value is what is used to calculate your taxes.
Benefit to properties decreases as values rise
Only applies to homesteaded properties
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Ramsey County Median Values
2019 Median Value 2020 Median Value % Change
Arden Hills $346,900 $372,400 7.4%
Falcon Heights $281,100 $303,450 8.0%
Gem Lake $283,800 $310,600 9.4%
Lauderdale $206,300 $218,300 5.8%
Little Canada $255,800 $277,800 8.6%
Maplewood $222,500 $245,400 10.2%
Mounds View $219,100 $241,000 10.0%
New Brighton $264,500 $280,650 6.1%
North St. Paul $185,200 $214,300 15.7%
Roseville $254,900 $272,000 6.75
St. Paul $186,200 $199,800 7.3%
Shoreview $303,800 $326300 7.4%
Vadnais Heights $269,400 $293,200 8.8%
White Bear Lake $222,500 $243,100 9.3%
True 2020 TAXABLE market value of median valued home is $ 293,521. 15 of 196
2020 Property Tax
Allocation
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Ramsey County Tax Rates
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City Tax Rate History
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History of Transfer of
Reserves to General Fund
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History of Property Tax Levy
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History of Property Tax
Levy, cont.
Overall levy has increased by $1,263,186 since 2004 with a $329,150 increase for 2018 a
$395,529 increase for 2019, and a $156,606 increase for 2020. Primarily due to the
increase in police service costs and increases to the debt levy portion due to street
projects..
No transfers from Reserves to General Fund operations since 2014. However, in 2017 there was a $150,000 transfer to lower the debt levy for 2018.
Since 2014 to 2017, the average city portion tax increase on a median value home was $22 per year. However, for 2018, the increase on a median value home was $177, for 2019 the increase was $198, and the increase for 2020 is $67; primarily due to increased costs of police services and debt service levy increase due to street projects.
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Property Tax Impacts
Payable 2020 Payable 2019 Payable 2018 Payable 2017 Payable 2016
Median
Valued Home
$303,450 $281,100 $266,600 $252,600 $247,700
Taxable
Median Value
after
Exclusion
$293,521 $269,159 $253,354 $238,094 $232,753
Tax Capacity
(1% of value)
2935 2691 2534 2381 2328
City Tax Rate 36.457%37.271%31.780%26.334%25.840%
City Taxes 1070 1003 805 627 601
Net Change
Prior Year
$67
Increase
$198
Increase
$177
Increase
$26 Increase
$468 increase since 2016 for an average of $117 per year for the last 4 years22 of 196
Estimated Percentage Change in 2020
Property Tax On Median Value Single
Family Properties (as of 07/15/19)
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2020 City Taxes on a Median
Value Home in Ramsey County
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2020 Total Property Taxes on a Median
Value Home in Ramsey County
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2020 Expenditures
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Cities Receive Sales Tax
Exemption
Effective 2014
•2013 MN State Legislature passed State Law
changes exempting cities from sales taxes
•General Fund operational expenditure savings
are estimated at around $6,000 yearly
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2020 Budgeted General
Fund Expenditures By Dept.
Public Works, 14.1%
Public Safety -Police, 45.7%Public Safety -Fire, 10.9%
Public Safety -Other, 1.5%
General Government, 27.8%
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2020 General Fund
Expenditures by Department
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Levy Comparisons
2015 2016 2017 2018 2019 Proposed
2020
% Change
Ad
valorem
levy
$1,014,116 $1,046,183 $1,152,646 $1,487,059 $1,747,260 $1,909,536 +$162,276
+9.3%
Debt
levy
$69,734 *$127,264 $125,585 $98,330 *$233,658 $227,988 -5,697
-2.4%
Total
levy
$1,083,850 $1,173,447 $1,278,231 $1,585,389 $1,980,918 $2,137,524 +$156,606
+7.9%
* In 2017 a transfer of $150,000 from reserves to decrease debt levy. 30 of 196
2020 Proposed Budget
•Police Services budget increased by $ 15,327.
•4.2% renewal rate estimated for health insurance
through PEIP.
•Expect license and permit revenues comparable to
2019 levels. Possible apartment complex built in 2020
at the TIES location.
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2020 Proposed Budget, cont.
There will be no transfer of reserve funds for general operating budget
LGA receipts from State of MN
increased $75,732. Fiscal Disparities
increased $85,091
Overall, general fund expenditures
and revenues are $2,857,675 or 7.1%,
higher than the 2019 operating budget.
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Additional Information
Ramsey County Proposed Budget and Levy Hearing –Held Nov 25th –6:30 pm –Ramsey County Library, Maplewood
Roseville School District Proposed Budget and Levy Hearing –Held Dec 17th –6:00 pm -District Service Center –1251 Cty Rd B2 W, Roseville
State of Minnesota Property Tax Refund Programs
www.taxes.state.mn.us
Regular Refund –based on income
Circuit Breaker –if taxes increased over 12% and $100
Senior Citizen Tax Deferral through City & Ramsey County
Disabled Veteran Market Value Exclusion
To contest your property valuation to be used for 2021 property taxes –watch for notices in the mail during March 2020.
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For More Information:
Visit: www.falconheights.org
Call Sack Thongvanh, City Administrator at (651)792-7600
E-mail: Sack.Thongvanh@falconheights.org
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 11, 2019
No. 19-43
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RESOLUTION ADOPTING THE 2020 TAX LEVY FOR THE CITY OF FALCON
HEIGHTS, COUNTY OF RAMSEY, STATE OF MINNESOTA
BE IT RESOLVED by the Mayor and City Council of the City of Falcon Heights, County
of Ramsey, State of Minnesota, that the following sums of money be levied for the taxes
payable 2020, upon the taxable property in the City of Falcon Heights, for the following
purposes:
CERTIFIED LEVY
GENERAL FUND
$1,909,536
DEBT SERVICE
(G.O. Fire Truck Bond, Series 2013B)
$227,988
TOTAL LEVY $2,137,524
BE IT FURTHER RESOLVED that the City Administrator is hereby directed to transmit
a certified copy if this Resolution to the County Auditor and should extend the tax levy
in the amount of $2,137,524 to be collected for the year 2020.
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Moved by: Approved by: ________________________ Randall Gustafson
Mayor
WEHYEE ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh
HARRIS ____ Against City Administrator
MIAZGA GUSTAFSON
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 11, 2019
No. 19-44
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RESOLUTION ADOPTING THE 2020 BUDGET
BE IT RESOLVED by the City Council of the City of Falcon Heights that the General Fund Operating
Budget for the year 2020 in the amount of $2,857,675 and other Fund Budgets as listed are adopted.
Fund Name Fund Number Amount
($)
Park Program Fund 201 32,090
Charitable Gambling 600
Community Garden 203 1,000
Water Fund 204 16,550
Recycling Fund 206 96,858
Community Development Fund 208 13,100
Street Light Utility 209 39,950
Community Inclusion 210 800
GO Improvement Cert. Series
2013A
311 73,045
GO Equipment Cert. Series 2013
B
312 96,471
GO Improvement Street Series
2017A
316 141,975
General Capital Improvements 401 20,300
Public Safety Capital 402 7,800
Parks Recreation/Public
Facilities Capital
403 85,300
TIF District #1-3 414 269,850
Infrastructure Capital 419 131,800
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Moved by: Approved by: ________________________ Randall Gustafson
Mayor
WEHYEE ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh HARRIS ____ Against City Administrator
MIAZGA
GUSTAFSON
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 12/04/19 $206,634.23
Payroll through: 11/30/19 $38,560.11
Budget Impact The general disbursements and payroll are consistent with the budget.
Attachment(s) • General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date December 11, 2019
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approval of City License(s)
Description
The following individuals have applied for a General Contractor’s License for
2019. Staff has received the necessary documents for licensure.
1. Image360
The following individuals have applied for a Municipal Business License for 2019.
Staff has received the necessary documents for licensure.
1. Arthur Wayne, LLC
The following individuals have applied for a Municipal Business License for 2020.
Staff has received the necessary documents for licensure.
1. Curves
2. American Family Mutual Insurance
3. DZ LLC dba Snap Fitness
4. Arthur Wayne, LLC
5. Dental Studio of Falcon Heights
The following individuals have applied for a Refuse License for 2020. Staff has
received the necessary documents for licensure.
1. Gene's Disposal
2. Waste Management
3. Advance Disposal Services
The following individuals have applied for a Tree Trimmers License for 2020. Staff
has received the necessary documents for licensure.
1. Birch Tree Care
2. Branch and Bough Tree Service
3. Upper Cut Tree Services
4. Northern Arborists
The following individuals have applied for a Multifamily Rental License for 2020.
Staff has received the necessary documents for licensure.
1. 1530/1550 Larpenteur Ave W (Falcon Heights Town Square, Sherman
Associates)
Meeting Date December 11, 2019
Agenda Item Consent F2
Attachment N/A
Submitted By Amanda Lor, Administrative
Coordinator
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Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the City License
Applications contingent on background checks as required by each permit.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of Prosecuting Attorney
Description
Each year the City of Falcon Heights designates a prosecuting attorney. This person
works closely with the Ramsey County Sheriff’s Office and City Staff in prosecuting
all misdemeanor and felony level offenses as well as Ordinance Violations. For
several years our prosecuting attorney has been Katrina Joseph. She also serves as
the attorney for the City of Lauderdale.
Budget Impact The monthly retainer will not change and has been included in the 2020 operating
budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve Katrina Joseph and
the law firm of Hughes and Costello as the City’s prosecuting attorneys for 2020.
Meeting Date December 11, 2019
Agenda Item Consent F3
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Attorney
Description
Falcon Heights has used the law firm of Campbell Knutson, P.A. for Civil Attorney
services for many years. Roger Knutson is the main contact, but the City uses
various attorneys in the firm for our daily needs.
Budget Impact Funds have been allocated in the 2020 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the law firm of
Campbell Knutson, P.A. for civil legal services for 2020.
Meeting Date December 11, 2019
Agenda Item Consent F4
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Engineer
Description
For several years the City has contracted with the City of Roseville for engineering
services. Staff is seeking to continue this relationship and appoint Roseville’s City
Engineer, Jesse Freihammer, as the City Engineer for 2020.
Budget Impact Funds have been allocated in the 2020 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends the approval of Jesse Freihammer and the City of Roseville
Engineering Department as City of Falcon Heights’ Engineer for 2020.
Meeting Date December 11, 2019
Agenda Item Consent F5
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
63 of 196
BLANK PAGE
64 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Auditor
Description
Each year the City is required to have an independent firm audit our financial
records. For the past several years, we have used Kern-DeWenter-Viere as our
auditors, and we have been very satisfied with their services.
Budget Impact Funds have been allocated in the 2020 Budget.
Attachment(s)
Action(s)
Requested
Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City Auditor
for 2020.
Meeting Date December 11, 2019
Agenda Item Consent F6
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
65 of 196
BLANK PAGE
66 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of Official Newspaper
Description
State statute requires that a city designate a legal newspaper of general circulation
in the city. This newspaper is used when the city is required to publish legal
notification regarding public hearings, elections and city financial matters. With the
loss of the Roseville Review in October, the city designated the Pioneer Press as the
official newspaper for the remainder of 2019.
City staff solicited quotes from the Pioneer Press and Star Tribune, which are
attached. The newspapers do not use the same price measurement, but both
provided a quote on a specific public hearing notice. The Pioneer Press cost was
$13.33, while publishing in the Star Tribune would cost $30.13. After working with
the Pioneer Press for a couple months and based on the publishing price and
circulation of the paper in Falcon Heights, staff recommend that the city designate
the Pioneer Press as the legal newspaper for 2020.
Budget Impact Funds have been allocated in the 2020 Budget for any costs associated with public
notices.
Attachment(s) • Pioneer Press quote
• Star Tribune quote
Action(s)
Requested
Designate the Pioneer Press as the city’s legal newspaper for 2020.
Meeting Date December 11, 2019
Agenda Item Consent F7
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
67 of 196
BLANK PAGE
68 of 196
6
9
o
f
1
9
6
Order Confirmation
Ad Order Number
Sales Rep.
Customer
Customer Address
Payor Customer
Customer Account
Customer Phone
Payor Account
Ordered By
Customer Email
PO Number
Invoice Text
Ad Order Notes
Total Amount Amount Due
Payor Address
Payor Phone
0071442629 CITY OF FALCON HEIGHTS LEGALS CITY OF FALCON HEIGHTS LEGALS
ekunz 572540 572540
Justin Markon
2077 WEST LARPENTEUR AVENUE
FALCON HEIGHTS MN 55113 USA
2077 WEST LARPENTEUR AVENUE
FALCON HEIGHTS MN 55113 USA
6517927600
6517927600
$13.33 $13.33
Ad Number
0071442629-01
Ad Size
1 X 31 li
Color
AD Content
PlacementProduct # InsertionsStart Date End Date Position
S LegalsS Pioneer Press 1.0010/13/2019 10/13/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
S LegalsS Online 7.0010/13/2019 10/19/2019 Legal Notices
70 of 196
1
Justin Markon
From:Place Ads <placeads@startribune.com>
Sent:Wednesday, November 20, 2019 12:19 PM
To:Justin Markon
Subject:RE: Legal ad publishing
Caution: This email originated outside our organization; please use caution.
Hi Justin,
Total is $30.13 if you designate us as your official newspaper. $128.80 if not.
Thanks,
Josh Windschill
Star Tribune Advertising
612.673.7688
jwindschill@startribune.com
Star Tribune Building | 650 3rd Ave S, Suite #1300 | Minneapolis, MN | 55488
From: Place Ads <placeads@startribune.com>
Sent: Wednesday, November 20, 2019 9:28 AM
To: Windschill, Josh <Josh.Windschill@startribune.com>
Subject: FW: Legal ad publishing
71 of 196
2
From: Justin Markon <justin.markon@falconheights.org>
Sent: Wednesday, November 20, 2019 8:50 AM
To: Place Ads <placeads@startribune.com>
Subject: RE: Legal ad publishing
Hi Josh,
Thanks for the information! Could you provide a price example on the attached notice?
‐Justin
From: Place Ads [mailto:placeads@startribune.com]
Sent: Tuesday, November 19, 2019 4:12 PM
To: Justin Markon <justin.markon@falconheights.org>
Subject: RE: Legal ad publishing
Caution: This email originated outside our organization; please use caution.
Hi Justin,
If your city designates Star Tribune as your official newspaper the pricing is $1.31/line otherwise it’s $5.60/line. You can
email a couple notices to us and we can provide proof/pricing for examples of total cost.
Thanks,
Josh Windschill
Star Tribune Advertising
612.673.7688
jwindschill@startribune.com
Star Tribune Building | 650 3rd Ave S, Suite #1300 | Minneapolis, MN | 55488
From: Justin Markon <justin.markon@falconheights.org>
Sent: Tuesday, November 19, 2019 4:02 PM
To: Windschill, Josh <Josh.Windschill@startribune.com>
Cc: Place Ads <placeads@startribune.com>
Subject: Legal ad publishing
Hello Josh,
My name is Justin, and I am with the City of Falcon Heights. I received your name as a person to talk with about legal ads
in the Star Tribune. Could you please provide a price for printing legal ads in the Strib?
Thanks,
Justin
Justin Markon
72 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2020 Cost of Living Adjustments (COLA)
Description
As part of the 2020 Budget process, employee salaries are adjusted based on various
factors, one of which is a cost-of-living adjustment (COLA). Incorporated into the
approved 2020 budget is a five (5) percent increase for full time employees,
including the City Administrator. The five (5) percent increase will also apply to
on-call and drill pay for the Fire Department.
Budget Impact The five percent COLA is incorporated into the approved 2020 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve a five percent cost
of living adjustment for all full time city employees for 2020 as reflected in the
approved 2020 Budget.
Meeting Date December 11, 2019
Agenda Item Consent F8
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
73 of 196
BLANK PAGE
74 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Statutory Tort Limits Liability Coverage for City in 2020
Description
Effective January 1, 2020, the statutory tort limits for the City of Falcon Heights
under our insurance policy with the League of Minnesota Cities Insurance Trust
will continue to be $1,500,000. An individual claimant would be able to recover no
more than $500,000 on any claim to which the statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which
statutory tort limits apply would be limited to $1,500,000.
The League of Minnesota Cities Insurance Trust is requesting that cities determine if
they wish to waive the statutory tort limits for 2019. Under certain circumstances
the LMCIT, which represents the city in these claims, may negotiate above the legal
liability limit if necessary because some claims like employment are exempt from
the cap. The general council from the LMCIT states that cities make different
choices depending upon their circumstances. However, they perceived that
maintaining the limit was prudent in many cases. The city has had no claims for
settlements for several years. Since 2000, the city council has voted not to waive the
statutory tort limits.
Budget Impact NA
Attachment(s) • Liability Coverage Waiver Form from the League of Minnesota Insurance
Trust (LMCIT)
Action(s)
Requested
Staff recommends that the city council approve a motion not to waive the city’s
statutory tort limits for 2020 and authorize the City Administrator to execute all
necessary documents.
Meeting Date December 11, 2019
Agenda Item Consent F9
Attachment Tort Limit Liability Form
Submitted By Roland Olson, Finance Director
75 of 196
BLANK PAGE
76 of 196
LIABILITY COVERAGE – WAIVER FORM
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT)
must complete and return this form to LMCIT before the member’s effective date of coverage. Return
completed form to your underwriter or email to pstech@lmc.org.
The decision to waive or not waive the statutory tort limits must be made annually by the
member’s governing body, in consultation with its attorney if necessary.
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits
to the extent of the coverage purchased. The decision has the following effects:
• If the member does not waive the statutory tort limits, an individual claimant could recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single
occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
would apply regardless of whether the member purchases the optional LMCIT excess liability coverage.
• If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant
could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are
only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is
$2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply
would also be limited to $2,000,000, regardless of the number of claimants.
• If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for
a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name: __________________________________________________________________________
Check one:
o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. §
466.04.
o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to
the extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting: __________________________________________________________
Signature: _______ Position: _______________
77 of 196
BLANK PAGE
78 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Jim Bykowski to the Board of Water Commissioners for Saint Paul
Regional Water Services
Description
On July 9th, 1997 the City of Falcon entered into an Agreement between the Board of
Water Commissioners to provide water services to properties within the City of
Falcon Heights at water rates that will become equal to the rates charged with in the
City of St. Paul.
The agreement also stated that suburban communities will have representation on
the Board of Water Commissioners, that Falcon Heights will convey title to its water
facilities to the Board, and Falcon Heights will permit the Board to maintain it mains
with the City. The agreement became effective January 1, 1998.
Mr. Bykowski represented the City during the last time that the City was required
to provide a representative.
Budget Impact N/A
Attachment(s) • St. Paul Regional Water Agreement
• Letter –Appointment to the Board of Water Commissioners Required
• Resolution 19-45 Appointing Jim Bykowski to the Board of Water
Commissioners for Saint Paul Regional Water Services
Action(s)
Requested
Staff would recommend approval of resolution and appoint Jim Bykowski to the
Board of Water Commissioners for Saint Paul Regional Water Services.
Meeting Date December 11, 2019
Agenda Item Consent F10
Attachment Resolution
Submitted By Sack Thongvanh, City Administrator
79 of 196
BLANK PAGE
80 of 196
~.·: .
.,
'' I ,., ,
AGREEMENT BETWEEN
BOARD OF WATER COMM1SSIONERS
AND
CITY OF FALCON AEI GUTS
' ' ,.
.~ ··. \ .
This AGREEMENT, made and entered into ns of~ day 'or f)=~ . 1997, by
and between the BOARD OF WATER COMMJSSIONERS, a municipal corporauon of the State
of Minnesota, heieafter referred to as ''Board" or "Water Uulity", and the CITY OF FALCON
BEIGBTS, a municipal corporation of the State of Minnesota. hereafter referred to a.s "falcon
Hetghts"
WITNESSETH:
WHEREAS, The Board has been provtding water semces to propcnies located within the
City' of Falcon Heaghts continuously since August of 1963 pursuant to the terms of retail Water
Servtce agreements between the Board and falcon Hetghts; and
WHEREAS, The Board and Falcon Hc:aghts have now executed a Memorandum of
Understandmg, dated Oaobcr2J, 1996, by whlc:h the Board will provide water service$ tO properties
within the City of Falcon Heights at water rates that will b«ome equal to the rates charged within
the City of Saint Paul, suburban communities -will have representati on on the Ooard of Water
Com1111ssioners, that Falcon Heights wi ll convey title to its water filciliucs to the Board , and Falcon
• Heights will pennit the Board to maintain its mains within Falcon Heights' streets
NOW THEREFOR£ in consideration of the respective covenants contained herein the
Board and Falcon Heights do hereby agree as follows
9-I 771-( tJ I
81 of 196
1.:;' • .: .•
ARTICLE I
Secuon I EFFECTIVE DATE
This agreement will become effecrive on January I, I 998 after signing by the designated
offi cials as aurhorized by resolutibn of the Board of Water Commissioners and tho City of Falcon
Heights' City Council.
Sc:cuon 2 EXISTING CONTRACTS SUPERSEDED
As of the effective date of this Agreement all previous agreements and eontracu existing
between rhe Board and Falcon Heights shall be and are hereby superseded.
Section 3 BOARD REPRESENTATION BY FALCON HEIGHTS
An ordmancc, dated December I I, I 996 by the Saint Paul City Council, has been approved
amending the Saint Paul Home Rule Chancr so as to increase the membership. of the Board of Water
Commissioners and allowing the appointment of a suburban representative to rhe said Board In
accordance with the terms of the amendment to the Saint Paul City Charter, the suburban
.
representative on the Board of Water Commissioners will init.ially be a resident of the City of
Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term
of four (4) years In the event of a tic vote on any 1ssue, rhe Mayor of Saint. Paul shall be considered .
an ex officio member oft he Board with the right to vote to break the tie vote.
N '\IAUlERTSII'ALCON CON Aprll ll. I ?9? 2. 82 of 196
. . •• • • • •
Section 4
•• • •
ADDmONAL SUBURBAN BOARD REPRESENTATION
In the event that at least three (3) additional suburban cities enter into agreements with the
Board that are similar to the Maplewood Agreement, Wuter Board mernbersh1p will be expanded
to seven (7) members. The two (2) non-Saint Paul resident members will thereafter represent all the
suburban cities, including Maplewood
In the event that the total of residential accounts plus commercial and industrial accounts
(excludmg auto-lire accounts) of communities outside the City of Satnt Paul and served by
agreements similar to this Agreement exceeds·fony-three percent (43%) of the total Doard's
accounts, the number of Saint Paul appointees will be changed to four and suburban representation
to three
ARTICLE II
Section I. BOARD TO EXTEND SER VlCE TO FALCON HEIGHTS
The Board will extend its water service to propenies located within the City of falcon
He~ghts subject to tile rules and regulations enaeced by the Board of Water Comm1sstoners and m
accordance wnh the terms ofthis Agreement.
Falcon Heights does hereby concur in the Board's extension of its water service and does
hereby grant pennission to the Board to construct, operate. maintain, repair and replace its mains
and other appunenanc:es necessary therefore within the streets and right-of-ways within the City
of Falcon Heights. including the streets set fonh on the auaehed Exhibit "A", and as may be
added by resolution of the Falcon Heights City Council
N lo\11\UJERTSII'ALCON CON AprillJ, tm 3 83 of 196
,. •
Scct1on 2 AUTHORJTY TO EXTEND SYSTEM
Falcon Heights does hereby agree that the Board may use streets and right-of-ways.
including public casements, for the purpose of extending the Board's water service system to
mumcipnhtics beyond the corporate limits of Falcon Heights. Routing of mains and
appurtenances will be coordinated with Falcon Heights' City Administrator and subject to the
approval of the Falcon He1ghts C1ty Council, wh1ch approval will not ~ unreasonably withheld
The Board will ~solely responsible for all costs IISSOtlated with the construction of water
mnms, mcluding the design, construcuon and street restoration. The Board will re1mbursc
Falcon Heights staff for staff time and expenses incurred for plan reviews.
Section 3. EXISTING MAINS. APPURTENANCES OWNED BY FALCON
HEIGHTS
A) Upon the effective date of th1s Agreeme:ll the Board will assume the ma1otenance
and repa~r of the existing water mains, fire hydrants, service connections and appurtenances,
includmg street repair and turf maintenance on water service related property, presently owned
by Falcon Heights, except as follows
B) Board and Falcon Heights hnve jomtly identified areas oft he existing Falcon
lieights system that will require upgrading to be equal to the Board's standards, which are
detillled 10 the anached Exhibit "B" Board will replace, recons1ruct or upgrade through
mamtenance, at its option, those facili ties noted in Exh1bit "B".
4 . 84 of 196
to. 0 , . ' .
Section 4.
,. 0 ...
FALCON HEIGIITS TO CONVEY TITLE TO FACILITIES
Commencing January I, 1998, water rat~ to be charged by the Board to properues
located within the City ofFa.lcon Heights will be adjusted in accordance with the scbedule m
Anicle Ill Falcon Heights will, by resolution of itS City Council, and by_ appropriate deed of
conveyance acceptable to the Board, convey to the Board all of its right, title and interest to all
water mains, fire hyd~ts, service connections and appurtenances owned by Falcon Heights. On
January I, 1998. or as soon -thereafter as is possible. Falcon Heights will also convey fee simple
tille to the real estate on which uny water system appurtenances are located, excluding those
facilities which are within public streets or nght-of-wuys. It is intended by the panics hereto that
the said conveyances shall be free and clear of all liens and encumbrances whatsoever, and
thereafter title shall remain with the Board except 113 may be otherwise provided by the terms of
this Agreement.
AltTICLE m
Section I. WATER RATES
The following schedule of water rates and charges to be made by the Board shall apply to
propcnies located within City of Falcon lleights
1998 120 percent of Snint Pnul rntes
1999 120 percent of Saint Pnul rates
2000 I t 9 percent of Saint Paul rates
200 I 117 percent of Saint Paul rates
2002 114 percent of Samt Paul rates
200J and
thereafter I 00 percent of Samt Paul rates
s 85 of 196
.... .. :, "t" ,'
ARTI CLE tv
Sccuon I CONSOLIDATION OR ACQUISITION; FALCON HEIGHTS' OPTIONS
In the event that the Board ceases to operate in its present fonn due either to
.~
consolidation with u local or regional authority or to nn acquisition of its assets by another entity,
it is the intent of the Board and Falcon Heights to protect the right of Falcon Heights' properties
to the continued supply of an adequate water service as weU as allow falcon Heights to be
adequately compensated for its previous investments in the water facilities located Within falcon
Heights
Therefore, to the extent legally perm1ssiblc the Board will insure that in nny consolidauon
or conveyance, Falcon Heights will have the option to either tenninate this agreement or
negotiate a new water service agreement with the authority or entity.
In the e~ent Falcon Heights should elect to tenninate this agreement, then and in that
event it is hereby agreed that.
a) The Board will reconvey title to the facilities and real estate previously conveyed
by Falcon Heights pursuant to Article II, Section 4 of this Agreement for the sum
ofSI.OO.
b) The Board will require. to the extent legally permissible, that the alternate
authority or new owner execute a water serv.ice contract with f alcon Heights so as
to continue to provide an adequate water service "to propenies located Within
Falcon Heights.
N.IMAUJER1W...U:ON COS 1\pnllJ. 1?97 6 86 of 196
~ ... · ~ • :I .,. . :·
c) The Board will be compensated for the depreciated value of all water mains and
other water service facililies, including water meters, lire hydrants, and other
appunenanccs, constructed by the Board within Falcon Heights from and after the
date of the execu1ion oflhis Agreement. 11 is contemplated thnlthe Board wiU
receive compensa1ion from 1he ahema te water authority or new owner, and not
from Falcon Hetghts.
In the event thai Falcon Hetghts elects not 10 terminate this Agreement, the Board will
require that the alternate authority or new owner assume the Board's contractual obligations as
set fonh in this Agreement, and will require that Falcon Heights be compensated for the
amoniud value of the facili ties and real estate previously conveyed to the Board pursuam 10
Article II, Section 4, oflhis Agreement
Section 2 FAClLITlES INVESTMENT
The Board will monitor and track all wa1er system infiastruclure investment.s within
Falcon HeighiS to identify 10 what degree those inveslments benefit or do not beneli1 Falcon
Heigh IS
The Board will monitor and 1rack its inves1mem in major infrastructure investments in the
service system, trea1men1 plant. and transmission mairu outside of Falcon Heights to identify if
!hose investments benefh Falcon Heights and 10 whal degree Falcon Heights will furnish 1he
Board with 1he asset value of its existing water system for 1he Board's records
7 87 of 196
'• •' ' :I
ARTICLE V
NEW WATE R SYSTEM DEVELO PMENT
Section I MAINS CONSTRUCTED BY FALCON HEIGHTS
Where Falcon Hetghts is installing. or haYing mstalled, in a designated project new water
matns. service connections and appurtenances for the distribution of water within the corporate
limits ofFlllcon Heights all conSLruction shall be in accordance with specifications and standards
of the Board Plans of all extensions to the water system by Falcon Heights shall be submitted
for approval by the Board before advertismg for bids, the awarding of contracts and actual
construction is begun This initial construction for water system expansion shall be considered
development c-osts and shall be provided at no expense to the Board. Falcon Heights agrees to
provide the Board wuh "as-built plans" of all extensiOns of the water system.
Section 2 NEW FACfLITTES; FURNISHED BY BOARD
The Board may construct and maintain new water service faci lities and appu rtenances,
including any and all oxtcnsions of such facilities and appurtenances. Title to all such facilities
shall be held by the Board.
Secuon 3. WARRANTY
The Board and Falcon Heights further ngree that as Falcon Heights constructs and
contracts for the construction of new mains, serv~s and appurtenances to be connected' to the
system and supplied with water by the Board that the Board shall not·be responsible for the
N:IMAUlf.RTSifi\LCON,CON i\rlnll). 199? 8 88 of 196
••. ·: . t f • ., .. . .
mamtenance or repairs to such newly constructed addiuons to the water supply system unul one
(I) year from lhe date the same have been placed m operauon. or untd the Board has nouficd
Falcon Heights m wnting of the acceptance of such anstallation, whichever date as earlier At
such ume that the Board assumes responsibality for the mamtenance and repaar of saad new water
system facilities. Falcon HeightS will convey said facilities according to the conditions of Anicle
II , Sectton 4
Section 4 STANDARDS
Water mains. services and appunenances shall be to the established standards. rules and
regulauons as are in effect at the execution of the agreement and as may thereafter be established
by the Board .
The Falcon Heights and Boord staffs shall meet annually to discuss standards relatmg to
water system construction Where dafferences in standards are not resolved at the staff level !he
Ooard w1ll make the decision
Section 5 SERVICE CONNECTIONS APPLICATIONS
New llpplications for water service connect1ons shall be made to and through the Board,
and each applicant shal! furmsh the Board a ccn1fied street address established by Falcon
He1ghts An mitial S7S.OO admmistrative fee shall be paid the Board for each service connection
to rc1mburse the Board 1ts cosu to estabhsh a new account. No new service connection work
shall be performed by Falcon He1ghts or 1ts agent unul the Board's appltcation process has been
completed and mspection of the mstallauon work scheduled by the Board
W U.IAUIERTS\I'AI.COI<.COS AjlrillJ, tP97 9 89 of 196
•. •• • I t
Section 6 SERVICE CONNECTI ONS-INSTALLED BY BOARD
It is agreed that all service connecuons, except in designated projects, from the main 10
the propeny line shall be installed by the Board under rules identical with those in effect in the
Ctty of Saint Paul or as may hereafter be modified by the Board. The charges for such service
connections shall be in accordance with the schedule of charges established from time to time by
the Board for customers outside city limits of Saint Paul, provided, however, that the Board shall
not charge Falcon Heights customers more than the charges made to any customer an Satnt Paul
for like service Kew applications for water service connections shall be made to and through the
Board, and each applicant shall furnish the Board a centfied street address established by Falcon
Heights
Section 7, SERVICE CONNECTION GUARAi\'TEE BY BOARD
The Board will make all necessary repaars and maintenance to that part of the service
coMectaon located within the public street nght-of-way, under rules identical with those in effect
in the City of Saint Paul This shall apply to all existing and future service connections
constructed to Saint Paul standards. Service connections from private maans or a system not
served by the Board's water supply shall not be guaranteed.
Sectio n 8. PIPING, FIXTURE, ETC.
Falcon Heights shall, by the enactment of suitable rules, regulations or ordinances,
requare that all anterior piptng, fixtures, accessones, or on premises pipang an any manner
COMected to the public water system supphed by the Board. shall be of the same materials.
anstalled in the same manner and meet the same standards as are required for the same or similar
work in the City of Saint Paul.
10 90 of 196
•.• •' I ' .... .. ..
Section 9 RIGHT TO INSPECT
The Board, through its officers, agents and employees. shall hllve the right at all times to
exarrune, inspect and test any materials or workmanslup used or to be used an connection With
the waterworks system within Falcon Heights and supplied with water by the Board or
connea•ons thereto, for the purpose ofdetennining whether or not they comply with the
foregomg provisions. and shall have the nght to exarrune and 1nspect the matenals and
workmanship and method of instAllation of house plumbmg COMcctJng with SaJd waterworks
system for the same purpose
ARTICLE V1
ELEVATED TANKS
Sect10n I RADIO ANTENNAS ON ELEVATED TANKS
The Board has formulated a pohcy and fee schedule for permiuang the installauon of
eommurucat1on antCMas on its elevated tanks, standpipes and ground installations The Board
would expect to process any future requests for sites an accordance with the policy and fee
schedule in effect The Board recognizes that facilities on elevated tanks, standp1pcs and ground
mstallation poles and towers will require in put ftom Falcon Heights City Couneiland SlAIT and
the ne•ghborhood. The Board Will submit vahd requests for s<ud radio commurucauons to Falcon
He1ghts for comment, review, any necessary neighborhood hearings and impact and Ctty Council
approval
II IMAUIERTS'FALCON.CON ilj>rllll. 1!1')7 11 91 of 196
• • '• • I '
ARTICLE VO
RIGDT Of WAY CHANGES
... . ..
Any and all expenses or costs ac~ruing to the water system in Falcon Heights in
connection with the maintenance, reconstruction, gnnding, overlayi ng or paving of public streets,
alleys or rights-of-way resulting from the action of Falcon Heishts, County of Ramsey or State
of Minnesota as such changes affect the water system shall be the responsibility of Falcon
Hetghts
.·
Where changes in elevation over the water system are proposed by Falcon Heights on
public meets, alleys or rights-of-way, that street design shall be reviewed with the Board. The
Board and Falcon Heights agree that the Board's standards pcnaming to elevation changes shall
apply Where elevation changes ore greater than the parameters outlined in the standards any and
all expenses or costs accruing to the water system in Falcon Heights shall be the responsibility of
Falcon Heights.
ARTICLE VUI
METERS AND M ET ER READING
Section I. BOARD TO FURNISH METERS
The Board shall furnish and install and maintain all customers' meters.
Sectton 2. BlLLING AND COLLECTIO
The Board shall have full responsibtllly for reading meters, billing and collection of
accounts.
I<II>IAI.BEATSIFALCON.CON Apnll3,1997 12 92 of 196
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ARTICLE LX
SANITAR Y SEWER COLLECTlO~ SERVICES
Section I. SANITARY SEWER. BILLING
Falcon Heights agrees to have the Bonrd perform the billing, collection and customer
service functions for residential, industrial and commercial sanitary sewer service to those
properties where the water system supplies water service and those properties served by
groundwater through wells.
For sewer billing purposes, the designation of each account as either residential, indusmal
or commercial will be determined by Falcon Hc1ghu and provided to the Board. Falcon Heights
will also designate any residential accounts qualifying for the senior citizen discount rate, if any.
The Soard will bill Falcon Heights mdustnal11nd commercial sewer accounts on a volume basis
and residential sewer accounts on a Oat rate basis All designated res1dential sewer accounts will
be btlled on the same cycle as established by the Soard for water billing purposes The Soard
will btll industrial and commercial accounts on the same monthly billing cycle as established by
the Board for water billing.
Falcon Heights will determine and provide to the Board the minimum sewer charge tp
industrial and commercial volume based designnted accounts. A minimum sewer charge will be
applied to any volume based account when there is no water consumption and where no notice to
shut off or discontinue water service to the account has been received by the Board
Falcon HeightS Will estabhsh the nat rate for residenual and volume rate for industnal
and commercial accourus, the nummum rates for no consumption accounts and these rates will
be provided to the Board at least 30 days pnor to any billing to which the rates are to be applied
~"IMALB£RTSIFAU:Ol'.CON Aj>nll3.1?97 13 93 of 196
... ••
Any senior citizen rates. rental rate, any rate adJUStment because of a sewer volume reduction due
to product, spectal lawn sprinkling. or similar usage, or olher special rates, tf any, to be applied to
any account will be determined by Falcon Hetghts and also provided to the Bol\l'd at least 30
days prior to any billing to which the rates are to be applied. All rate changes will be provided to
the Board by disk ·format or any other format 'ncceptablc to the Board
When water and sewer account bills are not paid and become delinquent the Board will
certify lhese dehnqucnt accounts to Ramsey County for collection along with taXes. The City
Council of Falcon HeightS will adopt an ordinance giving the Board authority to ccnify
delinquencies in accounts to the property tax and provide a copy to the Board Wtthm 60 days of
the execution of this agreement.
The Board will handle all questions, complaints, notifications, roUilnc adjustments,
partial payments, collections, etc .• in the same manner as it presently does for water bilhng
procedures The Board will furnish a monthly report of sanitary sewer account btllmgs and
adjustments to Falcon Heights. Board will remit monthly payment of sannary sewer collections
minus the Board's service fees. Board will provide the initial programming and water account
changes to accommodate the sanitary sewer billing and will charge Falcon Hetghts no more than
SS,OOO for said programming and changes
The Board will initially charge Falcon Heights S 1.60 per bill, per account for the
residential Oat rate billing service for the ycnr 1997 The Board will initially charge Falcon
Heights $1.80 per bill, per account for billing commercial and industrial volume bnsed rate
billing scrvtce for the year 1997. The annual btlhng charge for residenttal. commerctal and
tndustnal accounts Will increase at the same percentage increase as the restdential water rate
NIM.\L8ER1'b'II'ALCON.CON Aprllll,l997 14 94 of 196
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mcrease. Each month the Board will send to Falcon Heights th!l billed sanitary sewer charges,
plus or minus any adjustments, less the service charge per bill, per account.
At intervals of every five years Falcon Heights and the Board agree that a cost analysis of
the annual billing charge will be conducted. The sanitary sewer billing service discussed in this
section may be terminated by either party ft\ the end of nny even-numbered ~ear, commencing in
1998, providing that six· m~mhs writ~en notice is provided to the other party.
The Board ~viii collect a late payment charge that will be applied to any sanitary sewer
late payments. This late payment charge will be retained by the Board. Reports rendered to
Falcon Heights will be in a form approved by Falcon Heights
Section 1.
ARTICLE X
STORM SEWER, SURCBARGE AND RECYCLING
COLLECTION SERVICES
BU.LTNG AND COLLECTION OF STORM SEWER. SURCHARGE
AND RECYCLING CI-!ARGES
Falcon Heights agrees to have the Board perform the billing and collection functions for
residential, industrial and commercial storm sewer service, ~urcharge and recycling service to
those properties where the water sy~tcm supplies water service and to those properties served by
groundwater through wells.
N\MALBERTS\FALCON.CON AjWilll.l997 IS 95 of 196
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The designation of each account as either residenrial, industrial or commercial will be
determined by Falcon Heights and provided to the Board. All storm sewer, surcharge and
recycling .charges will be billed and collected by the Board on the same cycle as has been
established by'the Board for water billing purposes .
.
Falcon Heights will establish the upproprinte rate per b~l. per account for residential,
industrial and commercial storm sewer, surcharge and recycling charges and will provide satd
rate to the Board by electronic format The account designation and the appropnate rates will be
provided to the Board at least 30 days prior to any billing to wlucb the rates are to be applied
Any semor citizen rates, rental rates, rate adJustment.s due to product, or other spectal rates to be
apphed to any account will be dctenruned by Falcon He1gh1s and prov1ded to the Board at least
30 days prior to any billing to which the rates are to be applied.
Any lot and/or pa«:el descriptions or redeseriptions or any other changes that will effect
the proper applica1ion of stonn sewer, surcharge and recycling charges tO the affected addresses
m the Board's da.la base will be determmed by Falcon Heights and furnished 10 the Board at least
30 days prior to any billing. The me1hod ond form of notice to the Board will be electronically
transmiued to the Board by disk format or other format acceptable to the Board
Where any portion of the water bill is not paid, including storm sewer, surcharge and
recycling charges, the Board's estnblished procedures and rules for collection of unpaid or
delinquent bills will be applied, including certifying delinquent accounts to Ramsey County for
collecuon along with taxes. Falcon Heights will odopl an ordinance giving the Board authority
to certify stonn sewer, surcharge and recycling charges delinquencies in accounts to the property
tax
NIMAI.UCRTS\I'ALCON CON Ai"ll U ,l997 16 96 of 196
.. · ·. . ' ' .. ,•• · .
Each'month the Board will provide Falcon Heights with a sanitary sewer repon and a
report of storm sewer, surcharge and recycling billings, along with any adjustments thereto.
Board will remit monthly fees collected minus the Board's billing service fees . The initial
programming and water account ~hanges designed to accommodate. the storm sewer, surcharge
and recycling billing and collection will be included in the charges for sanitary sewer
programming adjustments.
The Board will initially charge Falcon Heights $0.08 per bill. per account, for storm
s~wer billing and collection. $0.02 per bill, per account for surcharge billing and collection and
$0.02 per bill, per accoum, for recycling billing and collection The annual billing charge for
storm sewer, su~charge and recycliny billing and collection will increase at the same percentage
increase as the residential water rate increase.
A review of billing charges for the storm sewer, surcharge11nd recycling charges will be
conducted, by the Board at intervals of five years, and concomitant with the sanitary sewer
charges cost analysis. The annual billing charge percentage rate increase, between five year
intervals, will accumulate until the increases in the charges can be rounded-up to the nel<t whole
number; see Exhibit "C". Each month the Board will 'send to Falcon Heights the billed storm
sewer, surcharge and recycling churgcs, plus or minus any adjustments, less the storm sewer, . .
surcharge and recycling charge per bi ll, per accou nt.
The. Board will collect a late charge thot will be applied to any storm sewer, surcharge
and recycling·l~te payments. This late payment charge will be retained by the Board.
Questions regarding storm sewer, surcharge and recycling charges will be handled by
Falcon Heights.
N:~l.u.BEltTSIFAI.CONCON Apfil U ,19?7 17 97 of 196
.... ..
Secuon I.
ARTI CLE XI
OPTIONAL SERVICES
OPTIONAL BU.LING, COLLECTION AND INFORMATIONAL
SERVICES
... .
The Board may provide billing and collection services for other functions performed by
Falcon Heights (for example: refuse) if Falcon Hetghts demes such services from the Board
Such servtccs shall be provided only for properties where the water system supplies water servtce
and those properties served by groundwater through wells.
Falcon Heights will pay costs relative to the programming and set-up costs necessary to
Implement the optional billing and collection system for which Falcon Heights will pay the
Board a monthly payment to be agreed upon by the panics hereto
The Board will send a montly payment to Falcon Hetghts equal to the amount ofbtlhngs
recetved dunng the month ( less the agreed upon collection charge).
Section 2. BILLING INSERTS
Falcon Heights m.ay provide mn.teriol~ to be inserted wiih the sewer and water bills, with
the prior approval of the Board, at a rensonoble charge to Falcon Heights for the bill-stuffing
process Said material shall not cause the maihng to exceed the postal weight limit.
NIMAIJlt M1SII'AI.CON.CON ApriU.l.l99' 18 98 of 196
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ARTICLE XU
Section L SUPPLEMENTAL WATER SUPPLY
No supplemental supply of water shall be connected to the water system being served by
the Board without the prior approval of the Board.
This agre~ment shall not preclude Fulcon Heights from establishing a portion of its water
system to be supplied from any source approved by the Minnesota Depart~ent of Health in areas
where water supply from the Board is impractical or unworkable, or in such cases where a central
water supply system may be constructed und installed for a housing development-prior to the
time that water mains supplying the area with water purchased from the Board tan be extended.
However, ·in no case sbaU there be direct connections between the Board's s~pply system and
other supplies. and when the Board's supply system is prac:ucal and workable, the other supply
shaU be discontinued. Existing private wells are exempted from this requirement to be
discont.inued.
• ART ICLEXUJ
Section I. RULES AND REGULATIONS
The use and distribution of water in Falcon Heights, derived from the supply furn ished
!Tom the Board, sbaJJ at _all times be governed by rules, regulations, policies, and conditions
which the Board has heretofore adopted for the City of Saint Paul, or which it may hereafter
adopt concerning the preservation, regulation and protection of its water supply, including water
waste, water conservation, sprinkling restrictions and water use for air conditioning equipment;
1<\\IAl.IIERTh'\J'ALCON.CON Aprii2J, 1997 19 99 of 196
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and as more fully detailed in Board of Water Commissioners-Water Code dated November I,
1996 nnd Saint Paul Water Utility Standards for Installation of a Water Mains dated April 1997,
or latest versions thereof.
Falcon Heights agrees to enact such rules, regulations, policies, and conditions mto
ordinAnces and make them legally effective and binding within sixty (60) days after the
execuuon of this contract, and to enact any amendments thereto adopted by the Board wnhm
saxty (60) days nfier being notified of such adopuon, and to adopt suitable penalties for the
violation of rules, regulations, policaes and conditions, and to strictly enforce such rules,
regulations and requirements.
Section 2. BOARD'S JURI SDICTION IN FALCON HEIGHTS
It is funher agreed that the Board, through its officers, agents and employees, shall have
the same authonty andjurisdietion an the enforcement of such rules and regulations tn Falcon
Heaghts that the Board has in the City of Saint Paul
Section 3. FALCON HEIGHTS' PERMITIING AUTHORITY
Falcon Heights docs issue permits to other governmental and private agcnctcs for the
installation of natural gas, telephone, cable and other facilities Falcon HeightS will coordtnnte
sard permits with the Board to assure no locauon conflicts occur.
20 100 of 196
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ARTI CLE XTV
FIRE PROTECTI ON SERVICE AND fJYDRANT USE
Section I. HYDRANTS
Hydra~t use for purpo~es other than. fire fighting by Falcon Heights shaU be subject to the
same.rules and regulations app lied by the Board in. the City of Saint Paul.
Section 2. INSPECTION OF HYDRANTS
An annual inspection of all hydrants located in Falcon Heights will be conducted by
Board crews. Repair and maintenance I;"Ork required on hydrants in Falcon Heights will be
conducted by Board in the same manner as work conducted in the City of Saint Paul.
Section 3. PAJNT!NG OF HYDRANTS
The:Board will paint the hydrants in Falcon Heights, and shall do so in accordance with
the Board's established standards for such work. Falcon Heights may designate a hydrant cap
color code to distinguish dead end mnins, circuloting mains and selected criteria.
Section 4. HYDRANT NOZZLE THREADS
Falcon Heights has selected the Snim Paul Standard for hydrant nozzle threads. The
Board will recognize and maintain tho desired thread for hydrants within Falcon Heights.
S:I.\1At..BERTS\FALCON.CON "'X~ ll. 1997 21 101 of 196
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Section 5. RELOCATIONS AND ADJUSTMENTS
Where relocations or adjustments of fire hydrants are necessary due to public works
projects the Board will perform the required work and Falcon Heights will reimburse the Board
for the costs thereof.
Section 6. FIRE USE
!=alcon Heights will pay the Board for all water uscd.for lire fighting use and equipment
testing annually at the lowest step rate in effect. Falcon Heights will furnish 'to the Board the . .
estimated volume of water used in the previous year by March I of the following year.
Section 7 STREET CLEANING
Falcon Heights agrees to keep record of all water used for street sprinkling, street
flushing, sewer maintenance and/or related use and to pay annually to the Board at·the lowest
step rate in effect.
Section 8. LOCA TlON MARKERS
y.'here it is necessary for the location of fire hydrants to be.marked with ·nags, signage,
etc for fire fighting or other purposes Falcon Heights will pay for said markers:and will assume
the costs thereof including installation, maintenance and liability.
Section 9. SNOW REMOVAL
Any snow removal from and around fire hydrants for any purpose, shall be performed by
Falcon Heights 'at its expense.
·N:WAI.B~RTSIFI\LCON.CON A!"ill3,19?7 . . 22 102 of 196
ARTI CLE XV
AGREEMENT AMENDM:£NTS
Section l. Agreement Amendments
Falcon Heights and the Board ag.rce thnt from time to time changes to this agreement may
be ~ecessary Falcon Heights and the Board agree that said changes will be an the form of
addendums to this agreement duly approved by and executed on behalf of the respective parties.
ARTI CLE XVI
BO ARD'S DUTY TO SUPPLY WATER
Section I CAUSE FOR TERMINATION
The Board is responsible to provide an adequate of quamity of water to properties located
within the City of Falcon Heights, and to provide normal maintenance and repair to all of the
fac~ities operated by Board in the supply of water.
Section 2. NOTICE TO BOARD
In the event that Falcon Heights should deem that the Board has failed in its obligations
to supply an adequate water supply and normal maintenance of the facilities, or should find cause
that the Board is failing in it.s P.rovision of services Falcon Heights shall notify the Board in
writing setting forth the specific details of any such failures.
S:IM..ulERTS\fAJ..CON.CON Aprilll. 1997 23 103 of 196
• I ~ • ,. • • • • ,J, •
Section 3. CORRECTTVE ACTION
Board will undertake to correct the spec1fied faults and wdl do so within 60 days from the
date that the written notification is received by the Board Falcon Heights will be notified in
•
writing within the specified 60 dny period whtll necessary corrective actions had been taken, if
any, and ai1y explanation if the Board disagrees with any of~alcon Heigh!s' complaints.
Section 4 MEDIATION
FoUowing the specified 60 day penod and in the event Falcon He1ghts deems that
sufficient corrective actions have not been taken, then and in that event Falcon Heights may
requ1re that its complaints be subrnmed to mediation by a panel of three (3) pe.rsons. Falcon
Heights and Board may each appoint a representative to the pancl •. and the two appomted
members will select the third member The panel shall provide an opportunity to both Falcon
lle1ghts and Board to express 1ts opimons as to whether the Board is not providing an adequate
quantity of water supply to Falcon lle1ghts properties, or LS failing to prov1de normal
maintenance to the mains, valves and hydrants located within the C1ty of Falcon Heights
Section 5. OPTION TO TERNifNATE, FIVE YEAR NOTICE
The panel wiU submit its findings, co11ciusions and recommendations to Falcon Heights
a~d Board within 60 days. In the event the pnncl should confirm Falcon Heights' complaints,
then and in that event Falcon Heights may elect to terminate this Agreement by giving written·
notice to that effect to the Board Notice oCterrnmation will specify the effective date of
terrrunation. which in any event will not occur un11l at least live (5) yea.rs following the date of
elect ion to terminate.
24 104 of 196
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Secuon 6 RECONVEYANCE. COMPENSATION
Upon me effective date of termination of this Agreement tbe Board will reconvey title to
the facilities and real estate previously conveyed by Falcon Heighrs pursuant to Article 11. . .
Section 4 of this Agreement for the sum of S 1.00, nnd Falcon Heights will ~ompcnsutc the Board
for the depreciated value ofall water mains and other water service facilities, including water
meters, fire hydrants, and other appunenances, constructed by tbe Board to serve the Falcon
HC!ghts system from and after the date oft he execuuon of this Agreement
N.IMAUlERTSil'I\LCON.CON April 73, 1997 25 105 of 196
.. • : . . . . .....
lN WITNESS WHEREOF. the panies hereto have caused this Agreement to be
executed as of the day and year first above wriuen
APPROVE D: OOARD OF WATER COMM ISSIONERS
~~/!.~J--
Bemie R Bullen, General Manager
Approved :u to Form:
COUNTERSIGNED:
By~~~~~~~~
Jo eid, D•rector.
Office of Financial Services
STATE OF MINNESOTA )
) ss.
COUNTV OF RAMSEY )
The foregoing instrument was acknowledged before me this -~of'AIZ:>'~l"-~
1 . . 19~by Michael Harris, Presidenc and Janet Lindgren, Secretary of the Boar of Water
Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the
corporation.
• •
N\MALBERn'\fALCON.CON A¢123, 1997 26 106 of 196
' I I • 1 f " . ~· .~. ..
THE ClTY OF FALCON II EIGBTS
t3~b'¥S'
City Attorney Its Ma:,:or
~k---By
City Administrator Its City Clerk
STATEOFMINNESOTA )
) ss.
COUNTYOF )
--#.
<t/ . The foregoing instrument was acknowledged before e this ~ day of~
'""' .,~ :R. ~ . ~' Sa "''"''""' c;,
Administrator, respectiv::r:: City of f alcon Heights, a Minnesota Municipal Corporation,
on behalf of the corporation.
Signature of person taking acknowledgment
27 107 of 196
t ;' • I
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LIST OF CITY
STREETS
EXumrr "A"
108 of 196
WATER MAI NS WITH
BREAK FREQUENCY TOAT
WOULD I~EQUfRE REPLACEMENT
Folwell Street (6") -Fulham to Northrup
'lonhrup Street (6")-Folwell to Hoyt
Maple Knoll (6") -Fry to Garden Street
Snelling Avenue (6")-Hoyt to Idaho
EXULUIT "B"
'· ,: 0 ~. 0
700ft
sso n
660 fi
660 f\
..
109 of 196
FALCON REIGRTS HYDRANT SPACrNG
GREATER TOAN 600 FEET
Hydrant
.f1nj Sparin1: Loc3(jgn
N-3 800' l.arpcnteur·Avcnue
(To be done by Falcon Heights}
N-S 850' Asbury-Garden to Crawford
I, 100' Holton -Garden to Larpenreur
875' Pascal -Garden to Crawford
875' Simpson -Garden to Crawford
EXHIBIT "B"
110 of 196
I 4 ' • • o .. .·
EXULD !T "C''
Example
Storm sewer charge (year 1997) -$0.08
per bill, per account
Assume percent increase m -3 .5
residenual rate
Typjcal Ca!cy!arjgn Accual Cbarye
1997 Charge -$0.08 so 08
1998
$0.08 'x 1.035 • S0.0828 so 08
1999
so 0828 X I 035 -00857 so 09
2000
0.09 X 1.035 -0.0932 $009
2001
0.0932 X 1.035 • 0.0965 so 10
EX HIBIT "C"
111 of 196
~
. ' •,. . CITY OF ST. PAUL • . ' ,.
OFFICE OF THE IOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM No 4507
t~f.'Ui~f8N!A Morton DATE June 9, 1997
WHEREAS, The Board and City of Falcon Heights did originally enter inlo an Agreement on
August 30, 1963, subsequen!ly amended March 16, 1979, and as amended January 22, 1986.
which provided re!ail water service to residenlS of Falcon HeighlS; and
WHEREAS, The Board and City of Flllcon Heigh Is entered into a Memorandum of
Understallding on Occober 23, 1996, whereby the staffs of boch the Board and Falcon Heights
pursued possible agreement language where the water rates charged in Falcon Heights would
equal !hose charged in Saint Paul; where Po Icon Heights would have representation on !he Board
and where the Board would own and ope role Falcon Hdghts' water syscem; and
WHEREAS, Falcon Heighls and Board staffs have met and reached agreemenl on appropriate
language thai will equalize water rates charged in Falcon Heights and Saint Paul: will result in
Falcon Heights representation on the Board; will result in the conveyance of title to the Board of
Falcon Heights ' water system and will escablish mutually acceptable language regarding o!her
pertinent subjects pertaining to the ownership and operacion of Falcon Heights' water system by
!he Board and thereby, scaff does recommend the Ooard approve snid attached Agreement; now,
therefore, be it
RESOL YEO, Thai the Board does concur wi!h the staff recommendalion and does hereby
authorize and direct the proper officers of the Board to execute said Agreement on behalf of the
Bonrd; and, be it
FURTH ER RESOLVED, That!he Board does hereby rcquescthat the Saint Paul City Council
concur in said Board Agreement approval.
Watu Commi58ionera
Yua
Arcand
Collins
Hoocl mann
Xorton
Preaident Harris
In tavor_5 __ Opposed'----0=--
Adopted by the Board of Watu Commlulonera
----~J~un~e~.~9~-----------19~
if'4~ m v.
9-11 f J-e-oQl..-112 of 196
~ul -17 -97 03 :23P C1~y of Falcon Hgts 612 644 soso . ' . . -.
No. 97·16
CITY OF FALCON HE!GHTS
COUNCIL RESOLUTION
Oate: May 14.1997
. ... ... .. ... ... . . . . ... ... . . . . ... . . . . . . . . . . . ... . . . . . ... . . . . . . . ... . ... . ... . ... .. ... . . . .. . . ... . -
A RESOLUTION APPROVING AN AGREEMENT TRANSFERRING OWNERSHIP OF
THE FALCON HEIGHTS WATER SYSTEM TO THE
ST. PAUL WATER UTILITY
WHEREAS. the city council has investigated turnmg ownership and
maintenance of the Falcon He1ghts water system to the St. Paul Water Uulity; and
WHEREAS, Falcon Heights will benefit from such an arrangement by
turning over future costs and management of the system while reducing the rate at
which Falcon Heights users pay for water; ond
WHEREAS. Falcon Heights will elso benefit by baing represented by a
suburban representative on the board ol the St. Paul Water Utility; and
WHEREAS. the St. Paul Water Utility w1ll benefit by having a guarantee
that Falcon Heights will be a part of its water system over the coming years.
NOW, THEREFORE. BE IT RESOLVED that the Falcon Heights C1ty
Council approves the agreement transferring the Falcon Heights water system to the
ownership of the St. Paul Water Utility.
···--··········---·--······································-
Moved by: Kyonel
GEHRZ ...!_ In Favor
GIBSON TALBOT (absentl
HUSTAD _Q_ Against
JACOBS
KUETTEL
Approved by: duu-u j · Ab
Mayor
May 14. 1997
Date
Attested by: Ca...J.o.. Q.J 0 ~'h..)
City Clerk
May 14. 1997
Date
P .02
113 of 196
r
... . .. Green Shoot ~ 3~ L
ORIGINAL
RESOLUTION (...::.1.)11''~-·-~;\c:._.-9 'l -8-(. I
CITY OF SAINT PAUL, MINNESOTA
WHEREAS, The Board ::~nd City of Fu lcon I~ eights did originally enter into an Agrcemem on
2 August 30, 1963, subsequently amended Morch 16. 1979. and as amended January 22, 1986.
3 which provided remi l water service to residents of Falcon Heights: and
5 WHEREAS, The Board and City of Falcon Heights entered into a Memorandum of
6 Understanding on October 23. 1996. where b) the staffs of both the Board and F:tlcon Heights
7 pursued poss1ble agreement l:tngU:tge where the water rates charged in Falcon He1ghts \I.Ould
8 eqU:tl those charged in Saint Paul in the year 2003. where Falcon Heights would ha•·e
9 representation on the Board through the Moplewood representative and where the Bo:~rd \I.Ould
I 0 own ::~nd operate Falcon Heights· wnter system; :tnd
11
12
13
H
15
16
17
18
19
~0
~I ,.,
WHEREAS, Falcon Heights and Board staffs have met and reached agreement on approprinte
language tim will equalize water rates charged in Falcon Heights and Saint Paul; \\i ll result in
Falcon Heights representation on the Bonrd: will result in the conveyance of title tO the Board of
Falcon Heights' water system and will establish murually acceptable language regardtng other
peninent subjects penaining to the ownership and oper.nion of Falcon Heights' ••oter s~ stem oy
the Board and thereby. and the Board did approve said anached Board ResolutiOn, no\\,
therefore: be it
R.ESOLV£0, That the City Council does concur with the actions of the ·Board or \\'ater
Commisstoners for approval of a new Agreement between the Board and the Cur of falcon
Heights.
y, ··~ v -Requt.\tcd by Ocputment of:
<..om,., --\Iacer Utility
., .. ~-
By: ~ /(, tb-.tM-
d.\
.dc;t:d by Co~::~cil: Dote<). \ . c, \ "'\ '\ \
j 'j I
Ceneral !-fana~er
Form AP.Prov.d by Ciry Attorney .c!o;:ioo Ccrtiii:d by Cou:cil Sea~t~
By. Pfu!.i_p_ J !5t1td. (, · ~ 5 fl'f
1
Approve.! by ~r for SubmisJioo to Council C' J .~ t \_L 9--177 7-<..-0 7
By: -114 of 196
Agreement # o 2 -I o3 5 s--r
AMENDMENT NO. 1
to
AGREEMENT BETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT N0.1 TO AGREEMENT entered into this 1Oth day of March, 2009,
by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation ofthe
State of Minnesota (the "Board"), and the CITY OFF ALCON HEIGHTS, a municipal corporation
of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the original agreement,
and
WHEREAS, in order to provide the greatest efficiency and to minimize traffic disruptions
and replacement costs, the parties desire that the Board whenever possible perform water main
replacement and/or other water system repair work in conjunction with Falcon Heights street paving
projects.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement in the manner described below.
1. The following is hereby added to the Agreement:
A. When it is possible to coordinate Board water facility work with a Falcon Heights
street paving project, it is mutually agreed:
1) Falcon Heights and Board shall negotiate a Cooperative Cost Share
Understanding (the "Understanding") which shall define the work
responsibilities and cost obligations of both parties.
2) The Understanding shall be approved by Saint Paul Regional Water Services
General Manager on behalf of the Board.
V: \Engineering\CLERICAL \BOARD\Agreements\ Water _service\F alcon Heights_ amend I_ 03-10-09. doc 1 115 of 196
3) The Understanding shall be approved by Falcon Heights city council on
behalf of Falcon Heights.
B. Upon completion of work, or periodically during construction, an itemized invoice of
charges for the work defined in the Understanding shall be transmitted to the other
party. Payment shall be issued within 30 days following review and approval of the
charges.
2. Except as modified herein, the terms of the Agreement shall remain in full force and
effect.
[Remainder of page is left intentionally blank]
V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Falcon Heights_amendl_03-10-09.doc 2 116 of 196
--------------------------
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement to be executed as of the day and year first above written.
Approved: BOARD OF WATER COMMISSIONERS
By ~~1-:----
Patrick Harris, President
By -1'1\~~ £>~~ MoHGagnelius, seetary
Approved as to Form:
'61t'St ~-'tilM
Assistant City Attorney
By _ _,~-~~~~~--H~
Margaret K 1 , Director
Office of Financial Services
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this 1:5,.. day of ~~;\ , 2009,
by Patrick Harris, President, Board of Water Commissioners of the City of Samt Paul, a Minnesota
municipal corporation, on behalf of the corporation.
Moille Je11n GagneDus
NOTM<Y PIJBUC ·MINNESOTA
MY O:JrlAMISS!ON
~a;:;~~E:s Jl~N~ 31,2012
V:\Engineering\CLERICAL\BOARD\Agreementsl Water _service\Falcon Heights_ amend I_ 03-10-09. doc 3 117 of 196
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ..3_ day of tdb If~ \ , 2009,
by Mollie Gagnelius, Secretary, Board of Water Commissioners of the'ity of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation .
WiU.II\M l.. TSCHIDA
~10!,\F={\' ~)UBL iC • M:r~t~CSOT;\
''' c-:81v11v\ISSION
l<·', f"'i::: .<; .)/'. (•!. :; i' 2 0 0 ')
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
.a~~~
The foregoing instrument was acknowledged before me this 2:i:)day of,L/Jz rr A ' 2009,
by Margaret Kelly, Director, Office of Financial Services, Board of Water Commissioners of the City
of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation.
V:\Engineering\CLERICALIBOARD\Agreements\ Water ~service\F a! con Heights~ amend I~ 03·1 0·09.doc 4 118 of 196
CITY OF FALCON HEIGHTS
By l::tkd.::--
By Just~C~k!Adm;n;"'"""
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this /-r"'day of~d-~ , 2009,
by Peter Lindstrom, Mayor of the City of Falcon Heights, a Minnesota Municipal Corporation, on
behalf of the corporation. .. :·.
Signature ofperson<taking acknowledgment
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this /]/iday of #/~ , 2009,
by Justin Miller, City Clerk/Administrator of the City of Falcon Heights, a Minnesota Municipal
Corpora~iQn, on. behalf of the corporation.
,~·
Stgnature of persQtYtakmg acknowledgment
V:\Englneering\CLERICAL\BOARD\Agreements\Water_service\Falcon Heights_amend1_03-10-09.doc
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PRESENTED BY COMMISSIONER Rossbach
BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM N 7019 0-.....;_;'-'--'----
March 10, 2009 OAT~-----~-~-----
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into a
agreement dated July 9, 1997 whereby the Board would provide water service to the City of
Falcon Heights at water rates that would become equal to the rates charged within the City of
Saint Paul (the "Agreement") and, in return, the City of Falcon Heights would convey title to its
water facilities to the Board; and
WHEREAS, the parties desire that whenever possible, the Board shall perform water main
replacement or other water system repair work in conjunction with Falcon Heights street paving
projects in order to provide the greatest efficiency and to minimize traffic disruptions and
replacement costs; and
WHEREAS, when such coordination is possible, the Board desires to utilize Falcon Heights
street project contractor to provide work necessary to support the Board's water main work
within such project areas, and Falcon heights is willing to provide such support work with its
street project contractor; and
WHEREAS, staff has prepared an Amendment No. 1 to Agreement which sets forth the terms
and conditions for the provision and payment of such support work, and recommends approval
of said Amendment; now, therefore, be it
RESOLVED, that the Board of Water Commissioners does hereby approve Amendment No. 1
to Agreement between the Board of Water Commissioners and the City of Falcon Heights for the
provision of water facility support work by the City of Falcon Heights for Board construction
projects within Falcon Heights street projects, and that the proper officers are hereby authorized
and directed to execute said Amendment No. 1 on behalf of the Board, following approval by the
assistant city attorney.
Yeas
Water Commissioners
Anfang
Kleindl
Rossbach
Vice President Zanmiller
Nays
In favor 4 Opposed 0
Adopted by the Board of Water Commissioners
-------~Ma~r~c~h~1~0~-------20J29
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65/15/2669 16:17 6517927616 CITY OF FALCON HGTS
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2C!77 West Larpenteur Avenue
AGENDA
February 25, 2009
A. CALL TO ORDER: 7:00PM
B. ROLLCALL: UNDSTROM _AB_ HARRIS _x_ KUETIEL _x_
LONG _X_ MERCER-TAYLOR _X_
MILLER_)(_
C. PRESENTATIONS: 2008 Police Report, Chief Jolm Ohl
D. APPROVAL OF MINUTES: JanuiU'}' 28, 2008 APPROVED
E. PUBLIC HEARINGS:
F. CONSENT AGENDA: ALL ITEMS APPROVED; KUEITET~ MOVED 4-0
1. General Disbursements through 2/20/09: $265,262.60
Payroll through 1/30/09: $17, 902.33
Payroll through 2/13/09: $13,295.34
2. City License Renewals
3. Appointment of new firefighter, Chris Radic
4. Appointment of Anton Fehrenbach to 41h Captain
~ 5. Amendment #1 to Agreement with St. Paul Regional Water Services
6. 2009 Sanitary Sewer Chemical Root Control Contract
7. 2009 Sanitary Sewer Oeaning Program
8. Appoint to Environment Commission
G: POUCY ITEMS:
PAGE 62/62
1. Falcon Heights/Lauderdale Fun Run event-APPROVED; MERCER-TAYLOR
MOVED4-0
2. Receive 2009 Pavem.ent Management Plan Feasibility Study and Setting of
Public Hearing-APPROVED; LONG MOVED 4-0
H. INFORMATION/ ANNOUNCEMENTS: NONE
I. COMMUNITY FORUM:
J. ADJOURNMENT: ME:E.i'IN ADJOURNED AT 8:00PM
121 of 196
Agreement# 02-10355-I
AMENDMENT NO. 2
to
AG~EMENTBETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT NO.2 TO AGREEMENT entered into this 9th day of February, 2010,
by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the
State of Minnesota (the "Board"), and the CITY OF FALCON HEIGHTS, a municipal corporation
of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the original agreement;
and
WHEREAS, Falcon Heights at this time desires that the Board provide street lighting fee
("Street Lighting Fee") billing and collection services to properties within Falcon Heights on its
behalf, and the Board desires to provide such services in accordance with said Article XV.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement in the manner described below.
1. The following Street Lighting Fee billing terms and conditions are hereby added to the
Agreement:
A. Board Responsibilities
1) The Board will provide current electronic account data to Falcon Heights to assist
Falcon Heights in allocating Street Lighting Fees to water/sewer accounts.
2) The Board will provide the work necessary to include Falcon Heights Street Lighting
Fees in the Board's billing system. The Street Lighting Fee shall be appropriately
displayed on the Board's water/sewer bill form.
3) The Board will provide descriptive information on the water/sewer bill. form
regarding the Street Lighting Fee, as permitted by and within limitations of the
Board's water/sewer bill form.
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4) The Board will provide month-end reports to Falcon Heights, which will list the
number of bills charged a Street Lighting Fee and the amount charged.
5) The Board will provide to Falcon Heights the Street Lighting Fee payments it
collects, less compensation for providing billing services. Payments not received by
the Board for the Street Lighting Fee may be withheld from monies due Falcon
Heights until collection is made. The necessity of such withholdings will be
determined by Board staff on a case-by-case basis, and such withholdings and
collections will be included as a line item in the month-end reports to Falcon Heights.
B. Falcon Heights Responsibilities
1) Falcon Heights will provide the Board with the text it wishes the Board to include on
the front and back of the water/sewer bill form.
2) For each property to be billed a Street Lighting Fee, Falcon Heights will provide in
an electronic format approved by Board: (1) water service account number, (2) the
property address of the account, and (3) the amount of the Street Lighting Fee to be
billed.
3) Falcon Heights will inform its residents of the new Street Lighting Fee, how it is
computed and that Saint Paul Regional Water Services will be performing the billing
and collection.
4) Board will refer all customer questions and inquiries regarding the Street Lighting
Fee to Falcon Heights, which is responsible for addressing same.
C. Schedule
1) Falcon Heights and the Board agree to implement the Street Lighting Fee billing
according to a schedule acceptable to both parties.
D. Compensation
1) Falcon Heights agrees to pay a billing fee of $.12 for each water/ sewer bill that
includes a Street Lighting Fee charge. This fee shall increase over time at the same
percentage rate as Board water rates.
2. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
[Remainder of page is left intentionally blank]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to
Agreement to be executed as of the day and year first above written.
Approved: BOARD OF WATER COMMISSIONERS
Approved as to Form:
~~~$~\_~, ~ By/(-···
Assistant City Attorney Margaret K , Director /
Office of Financial Services
STATEOFMINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ~day of ffi<:M', h ) , 2010,
by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota
municipal corporation, on behalf of the corporation.
Signa e of person takmg acknowledgment
V ~ \£f\~lf\Mtiftg\CL1:RICAL \YOARD\Agreements\ Water_ service\Palcon Ileights _amend~_ ~~-M-i 6 .doc
124 of 196
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this __9_ day of /Y1 d 'CC...t\.. < ' 2010,
by Mollie Gagnelius, Secretary, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ~ay of IJ'/;;;r;;h , 2010,
by Margaret Kelly, Director, Office ofFinancial Services, Board ofWater Commissioners of the City
of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation.
~CYSUEOENK~
NOTARY PUBliC· f.JINNESOYA
My Commillion ElcpAS .. 3t, 2112
V ~\]B.~iftM¥ift~\CL£RICAL \ROARD\Agreements\ Water_ service\Palcon Ileights _amen~_ 0~-M-1 ~.doc
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I
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
CITY OF FALCON HEIGHTS t, I II t By fr ~(
P ter Lmdstrom, Mayor
By ____ ~~~--~----------
Jusf
The foregoing instrument was acknowledged before me this __fl._ day ofF~ , 2010,
by Peter Lindstrom, Mayor of the City of Falcon Heights, a Minnesota Municipal Corporation, on
behalf of the corporation.
DEBORAH KJONES
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIIIel 01-;!1-11&12
STATEOFMINNESOTA )
) ss.
COUNTY OF RAMSEY )
" ··~~ ·· Signature of pentakiilg acknowledgment
. ' :~
The foregoing instrument was acknowledged before me this \ ~ day of -l.P'ofu(.!~ , 2010,
by Justin Miller, City Clerk/ Administrator of the City of Falcon Heights, a Minnes a Municipal
Corporation, on behalf of the corporation.
J' ~Usa Autrey Abernathy
... ~ "~-NOTARY PUBLIC
~: ,~ STATEOFMINNESOTA '-l:t:l.f.L~:,;.;./·' My~E>cpi!U 1·31·201-4
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BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM 7063 No~-----
PRESENTED BY Zanmiller COMMISSIONER--~===--=---------------DATE February 9, 2010
Vice
Yeas
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into a
agreement dated July 9, 1997 whereby the Board would provide water service to properties
within the City of Falcon Heights (the "Agreement"); and
WHEREAS, Article XV of said Agreement allows that the Board may provide billing and
collection services for services in addition to water service, if desired by Falcon Heights; and
WHEREAS, Falcon Heights at this time desires that the Board provide street lighting fee billing
and collection services to properties within the City of Falcon Heights on its behalf, and the
Board desires to provide such services in accordance with said Article XV; and
WHEREAS, staff has prepared an Amendment No. 2 to Agreement which sets forth the terms
and conditions for the provision of street lighting fee billing and collection services for Falcon
Heights; now, therefore, be it
RESOLVED, that the Board of Water Commissioners does hereby approve Amendment No.2
to Agreement between the Board of Water Commissioners and the City of Falcon Heights in
substantially the form submitted, and that the proper officers are hereby authorized and directed
to execute said Amendment on behalf of the Board following approval of the assistant city
attorney.
Water Commissioners
Adopted by the Board of Water Commissioners
Anfang Nays
Bykowski
Kleindl --------~F~eb~r~u~a~r~y~9~·-------20~
President Zanmiller
President Harris
In favor 5 Opposed 0
127 of 196
COOPERATIVE COST SHARE UNDERSTANDING
Between
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL
and
CITY OF FALCON HEIGHTS
THIS UNDERSTANDING, made and entered into this 2 3:. '{ol day of -::s0 V\. e.... 2010, by
and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL,
(the "Board"), acting through its Saiht Paul Regional Water Services General Manager ("SPRWS
General Manager"), and the CITY OF FALCON HEIGHTS ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Falcon Heights and the Board entered into an Amendment No. 1 to Agreement
dated March 10, 2009, which provided for water facility support work ("Support Work") within
Falcon Heights street projects; and
WHEREAS, said Amendment No. 1 to Agreement further provided that Falcon Heights and
the Board shall negotiate a Cooperative Cost Share Understanding for each street project that is to
include Support Work in order to define the work responsibilities and cost obligations of the parties
with respect to Support Work.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with said Amendment No. 1 to Agreement, the parties mutually agree as follows:
1. Falcon Heights shall obtain bids for water facility support work as part of its 2009-2010 Mill
and Overlay Projects. The Support Work shall consist of excavation, pipe handling,
backfilling, restoration, and all other work necessary to support water facility work to be
performed by Board forces within the boundaries of the 2009-2010 Mill and Overlay
Projects. Streets in which Board forces will perform water facility work are Garden A venue,
Maple Knoll Drive and Fry Street, as shown on Attachment A, attached hereto and
incorporated herein; and
2. Based upon bid prices contained in a contract duly awarded by Falcon Heights for
construction of the 2009-2010 Mill and Overlay Projects, and upon quantities agreed to by
the parties, Falcon Heights shall provide the Board with itemized invoices showing the costs
for completed Support Work; and
3. The Board shall pay such itemized costs.
Page 1 of2
q-\9~1~(-\0 128 of 196
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative cost Share
Understanding to be executed as of the day and year first above written.
Approved as to Form:
Assistant City Attorney
BOARD OF WATER COMMISSIONERS
By~
Stephen P. Schneider, General Manager
CITY OF FALCON HEIGHTS
By~~~~~L_~--~-----
p ter Lindstrom, Mayor
By J~~k/Administrator
Page 2 of2 129 of 196
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Agreement# 02-10355-1
AMENDMENT NO.3
to
AGREEMENT BETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT NO.3 TO AGREEMENT entered into this 15th day of November
2011, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of
the State of Minnesota (the "Board"), and the CITY OF FALCON HEIGHTS, a municipal
corporation of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the Agreement; and
WHEREAS, the parties desire at this time to amend the Agreement to provide for a Storz
connection on fire hydrants installed and maintained within the city of Falcon Heights.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement as follows:
1. Article XN. Section 4. HYDRANT NOZZLE THREADS is deleted in its entirety and replaced
with the following:
Section 4. HYDRANT NOZZLE THREADS
The Board recognizes the Saint Paul Standard for hydrant nozzle threads as selected by
Falcon Heights for hydrants within the city of Falcon Heights. All new and replacement hydrants
shall include one Storz connection.
2. The provisions of this amendment shall take effect January 1, 2012.
3. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
[Remainder of page left intentionally blank.]
C\-\~<1.l-\ -\\
V :\Engineering\CLERICAL \BOARD\Agreements\ Water_ service\Falcon Heights_ amend3 _II-I 5-ll.doc 131 of 196
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to
Agreement to be executed as of the day and year first above written.
Approved:
SteJ)i};:sci111eider, General Manager
Saint Paul Regional Water Services
Approved as to Form:
Lisa Veith,
Assistant City Attorney
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
BOARD OF WATER COMMISSIONERS
By .f'l\~1 a A~{la; o, MOieGagneli~cretary
~ ",
Office of Financial Services
The foregoing instrument was acknowledged before me this.:b day of 'f1\1~r~ , 20 _11.
by Patr~ I~ President of the Board of Water Commissioners, a Minnesota municipal
corPofation, '&rben~ of the corporation.
V :\Engineering\CLERICAL \BOARD \Agreements\ Water _service\Falcon Heights_ amend3 _11-15-ll.doc 2 132 of 196
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing inst~ent was acknowl.edged before me this A_ day of ~ x:-, \, , 201 Z-,
by 'e.-l \.J 5 , Secretary of the Board of ater Commissioners, a
Minnesota municipal corp at n, on behalf ofthe corporation.
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this L3__ day of rlf?Q 'I , 20 ..1.2::_,
by Todd Hurley, Director, Office of Financial Services of the Board of Water Commissioners, a
Minnesota municipal corporation, on behalf of the corporation.
V:\Engineering\CLERICALIBOARD\Agreements\Water_service\Falcon Heights_amend3 _11-15-11.doc 3 133 of 196
CITY OF FALCON HEIGHTS
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
Tho {rogoing ~w"' ocknowlodgod boforemo thi, J!l"day of ~ , zojj_,
by 'f-f& /1. , Mayor of the City of Falcon Heights, a Minnesota municipal
corporation, oi1behlilfOithe corporation.
Signature of person fuking acknowledgment
CITY OF FALCON HEIGHTS
/)/}/} ~
By __ ~~~~~~/--~----·------------
Its: cftYMlillager
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
11re !oregoing '"'J'1Znt..., oclmowl"'•"' rerore mo thi• /IJ'~~> day of ~ • zoiL
by , fAiih.n m . /l , City Manager of the City of Falcon Heights, a Minnesota
municipal corporation, on behalf of the corporation.
acknowledgment
V :\Engineering\CLERICALIBOARD\Agreementsl Water_ service\Falcon Heights_ amend3 _I l-15·11.doc 4 134 of 196
PRESENTED BY COMMISSIONER Helgen
BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM N 7139 o _____ _
DATEE-~N~o~v~em~b~er~~lS~,~2~0~1~1~----
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into an
agreement dated July 9, 1997 for the provision of water service by the Board to properties within
Falcon Heights (the "Agreement"); and
WHEREAS, Article XV of the Agreement allows for amendments to the Agreement; and
WHEREAS, the parties desire at this time to amend the Agreement to provide for a Storz
connection on fire hydrants installed within the city of Falcon Heights; and
WHEREAS, Board staff has prepared Amendment No.3 to Agreement which specifies said desired
change, with all other terms and conditions remaining in effect and unchanged; and
WHEREAS, the assistant city attorney has approved said Amendment No.3 as to form; now,
therefore, be it
RESOLVED, that Amendment No.3 to Agreement between the Board of Water Commissioners
and the City of Falcon Heights is hereby approved and that the proper officers are hereby authorized
and directed to execute said Amendment No.3 on behalf of the Board.
Water Commissioners
Yeas
President
In favor 4
Anfang
Bykowski
Helgen
Harris
Nays
Opposed 0
Adopted by the Board of Water Commissioners
______ N_o_v_e_m_b_e_r __ l_S~,----____ 20~
~-\'1'\1-t--\~ 135 of 196
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 11, 2019
No. 19-45 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING JIM BYKOWSKI TO THE BOARD OF WATER COMMISSIONERS FOR SAINT PAUL REGIONAL WATER SERVICES WHEREAS, the City of Falcon Heights has received water services from the Board continuously since 1963 pursuant to the terms of retail Water Service agreements between the Board and Falcon Heights; and WHEREAS, on October 23, 1996, the City of Falcon Heights and the Board executed a Memorandum of Understanding, by which the Board will provide water services and take over ownership of water infrastructure to properties within Falcon Heights ; and
WHEREAS, the Memorandum of Understanding went into effective January 1, 1998; and WHEREAS, the City of Falcon Heights is required to provide a representative for the Board during the City of Falcon Heights rotation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota appoints Jim Bykowski as the City of Falcon Heights representative to the Board of Water Commissioners for Saint Paul Regional Water Services - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor WEHYEE ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh HARRIS ____ Against City Administrator MIAZGA GUSTAFSON
143 of 196
BLANK PAGE
144 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Close Fund 427 GO Street Improvement Capital Fund to the debt service Fund 316
GO Improvement Bonds Series 2017A
Description
The Grove Street Capital Project is complete and the funds in this capital fund need
to be closed to the associated debt service fund: (316 GO Improvement Bonds Series
2017A) Staff recommends closing the fund and establishing budget line items.
There currently is an estimated balance of approximately $402,000. Staff
recommends the closing date to be September 30, 2019 to avoid 4th quarter interest
postings.
Fund 316: 2017 GO Improvement Bonds Series 2017A
Revenue: 316-000-39200 $405,000
Fund 427: 2017 GO Street Improvement Capital Fund
Expense: 427-4427-92000 $405,000
Budget Impact Establish budget line item amounts as listed above and close fund427 to fund 316
effective September 30, 2019.
Attachment(s) N/A
Action(s)
Requested
Staff recommends establishing the budget line items and closing Fund 427 to Fund
316 effective September 30, 2019 since the construction project is complete.
Meeting Date December 11, 2019
Agenda Item Consent F11
Attachment N/A
Submitted By Roland Olson, Finance Director
145 of 196
BLANK PAGE
146 of 196
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve DEED Grant Resolution
Description
City staff received additional feedback on the resolution of approval for the grant
application to the Department of Employment and Economic Development related
to cleanup at the Amber Union site (1667 Snelling Ave). Based on the feedback from
DEED staff, a final resolution is included for passage.
Budget Impact N/A
Attachment(s) • Resolution 19-46 Authorizing Grant Application for MN DEED
Contamination Cleanup Grant for Redevelopment Project at 1667 Snelling
Avenue (Amber Union)
Action(s)
Requested
Staff recommend approving attached resolution.
Meeting Date December 11, 2019
Agenda Item Consent F12
Attachment Resolution
Submitted By Justin Markon, Community
Development Coordinator
147 of 196
BLANK PAGE
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 11, 2019 No. 19-46
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION AUTHORIZING GRANT APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT FOR REDEVELOPMENT PROJECT AT
1667 SNELLING AVENUE WHEREAS, the City of Falcon Heights has identified a contamination cleanup project within
the City that meets the Contamination Cleanup grant purposes; and WHEREAS, the City finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Contamination Cleanup grant funding; and
WHEREAS, the site currently experiences contaminating conditions based on the following reasons and supporting facts: - A portion of the site was formerly used as a filling station and recognized environmental concerns have been identified that require environmental remediation and stabilization in
order to attract apartment and retail tenants
- Portions of the site are currently vacant or were occupied by tax-exempt entities, making little contribution to the tax base and renovation will create new business opportunities to meet the needs of the marketplace - Portions of the site were constructed in 1946 and 1956 with asbestos containing material, thus requiring environmental remediation in order to attract employers that will provide permanent living wage jobs for the region
NOW THEREFORE BE IT RESOLVED THAT, the City of Falcon Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on November 1, 2019, for the Amber Union site. BE IT FURTHER RESOLVED that the City of Falcon Heights is located within the seven county metropolitan area defined in section 473.121, subdivision 2, and is participating in the local housing incentives program under section 473.254.
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BE IT FURTHER RESOLVED that the City of Falcon Heights acts as the legal sponsor for
project(s) contained in the Contamination Cleanup Grant Program to be submitted on November
1, 2019 and that the City Administrator is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Buhl GTA, LP. BE IT FURTHER RESOLVED that the City of Falcon Heights has the legal authority to apply
for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified.
BE IT FURTHER RESOLVED that the City of Falcon Heights has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of
Falcon Heights may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Falcon Heights certifies that it will comply with all applicable laws and regulation as stated in all contract agreements.
NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City
Clerk/Administrator are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant.
Adopted by the Falcon Heights City Council this 11th day of December, 2019.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Randy Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
HARRIS Sack Thongvanh
LEEHY ____ Against City Administrator
MIAZGA
WEHYEE
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I certify that the above resolution was adopted by the City Council of Falcon Heights on
December 11, 2019.
Signed: ___________________________
Name: Sack Thongvanh
Title: City Administrator Date: December 11, 2019
Witnessed by: __________________________
Name: Justin Markon Title: Community Development Coordinator Date: December 11, 2019
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Budget Amendment to the General Capital Improvements Fund (401)
Description
The city made improvements to the audio visual room and our network cable
equipment in city hall in 2019. North Suburban cable required improvements on
CTV equipment. Also, our network cable equipment was upgraded., To improve
the year end financial statements, staff recommends amending the budget as
follows:
General Capital Improvements Fund (401):
Expense: 401-4401-90100 $16,000 increase
Budget Impact Establish budget line item amount as listed above.
Attachment(s) NA
Action(s)
Requested
Staff recommends amending the following budget line item:
General Capital Improvements Fund (401).
Expense: 401-4401-90100: $16,000 increase
Meeting Date December 11, 2019
Agenda Item Consent F13
Attachment N/A
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Donations for 2019 Human Rights Day
Description
Community Engagement Commission is hosting their annual Human Rights Day
on Tuesday, December 10. This year's theme will focus on "Food Security & Child
Hunger".
Parks and Recreation Commission will provide activities for schoolchildren in the
conference room.
Based on the theme of Human Rights Day there will be various healthy snacks
offered. Through outreach with the company GoGo squeez, they will be donating
their applesauce product for the event.
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Motion to accept the following donations for 2019 special events from the
following businesses: GoGo Squeez
Meeting Date December 11, 2019
Agenda Item Consent F14
Attachment N/A
Submitted By Nalisha Nandkumar, Assistant to the
City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve Quote for Sanitary Sewer Main Repair
Description
The City of Falcon Heights is planning line approximately 0.88 miles of sanitary sewer
main across the City. This process involves essentially installs a new resin pipe inside the
original clay tile sewer main without digging up City streets, which results in minimal
disruption to residents during construction. The liner pipe is inserted into the main
through existing manholes and cured in place with a heat process. Each segment is
typically completed in one working day. Service line connections are reopened using a
robotic cutter and remote cameras. During the process, existing flows are bypassed using
pumps. This technology also prevents infiltration of groundwater into the main system.
In order to install the liner, the existing sanitary sewer main must not large offset or
separations in the joints. Based on the City’s sewer televising reports one segment of pipe
scheduled to be line on Larpenteur Ave has shown to have one of these offsets. This offset
needs to be dug up and repaired before the liner can be installed.
The City request quotes from five contractors to complete this work and received two
quotes back. The contract and price are listed below:
Contractor Price
M&B Services $17,485.00
Penn Contracting $34,000.00
Budget
Impact
The proposed cost of the repair will be $17,485.00. The City currently has $200,000
budgeted in 2020 for the sanitary sewer lining project, with sewer lining bids coming in at
$169,000. This proposed work in conjunction with the lining project would be $186,485.
The total project cost would be still be under the proposed project budgeted amount.
Funding for the repair will be paid from the sanitary sewer utility fund.
Attachment • Request for Quotes Letter
• Quotes
Action(s)
Requested
Staff recommends a motion approving the sanitary sewer main repair quote of $17,485.00
to M&B Services.
Meeting Date December 11, 2019
Agenda Item Policy G1
Attachment Quotes
Submitted By Jesse Freihammer, City Engineer
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November 19, 2019
RE: Sanitary Sewer point repair Quote
Dear Contractor:
The City of Falcon Heights is requesting quotes for a sanitary sewer main point repair. Attached with
this letter are maps and other information regarding the repair.
A large offset exists on line 1-20 to 1-19 on Larpentuer Avenue. The City is looking for a lump sum
amount that will include all digging, materials, labor, traffic control, and restoration needed to comply
with Ramsey County and to completed this point repair. The pipe is approximately 11 feet deep. The
City will acquire all necessary permits.The repair needs to be completed by June 1, 2020.
Quotes will be received until 4:30 p.m. Tuesday, December 3, 2019 via e-mail, mail or delivery.
Quotes shall be e-mailed to Luke.Sandstrom@cityofroseville.com. If you have any questions, please
contact me at Luke.Sandstrom@cityofroseville.com or 651.792.7048.
Sincerely,
Luke Sandstrom
Civil Engineer
Enclosure
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NOTE: Pipe alignments not to scale. Field verify manhole locations.
Approximate
repair location
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Upstream MH
1-20
Downstream MH
1-19
Size
8
Material
Vitrified Clay Pipe
Total Length
306
City
FALCON HEIGHTS, MN
Surveyor's Name
GARRETT FREY
Certificate Number
U-04-09763
Street Address
LARPENTUER AVE
Location Details
ALBERT ST & HAMLINE AVE
Direction
Downstream
Purpose
Maintenance Related
Weather
Dry
Date
20190503
Time
09:07
Length Surveyed
107
Additional Information ID NO
0
INT SECT
0
American Environmental
3086 Walden Drive
Chaska, MN 55318
Phone: 612-226-0516
Ftg. Code Description Pct. Position Cont. Comment
0.0 AMH Access Point - Manhole Starting Manhole: 1-200.0 MWL Water Level 15
4.9 RPL Point Repair - Localized Lining SHORT LINER7.1 LFB Lining Failure - Blistered 7 to 5
10.6 LFD Lining Failure - Detached 1 to 4
24.5 TF Tap, Factory Made 3
75.6 TF Tap, Factory Made 3
106.8 RPR Point Repair - Pipe Replaced PVC107.0 JOL Joint Offset (displaced): Large107.0 MSA Survey Abandoned UNABLE TO PASS OFFSETJOINT
Page 1 of 1 Generated on Monday, 5/6/2019 at 06:15 PM by the PipeTech® TV inspection system.160 of 196
Upstream MH
1-20
Downstream MH
1-19
Size
8
Material
Vitrified Clay Pipe
Total Length
306
City
FALCON HEIGHTS, MN
Surveyor's Name
GARRETT FREY
Certificate Number
U-04-09763
Street Address
LARPENTUER AVE
Location Details
ALBERT ST & HAMLINE AVE
Direction
Upstream
Purpose
Maintenance Related
Weather
Dry
Date
20190503
Time
09:18
Length Surveyed
199
Additional Information ID NO
0
INT SECT
0
American Environmental
3086 Walden Drive
Chaska, MN 55318
Phone: 612-226-0516
Ftg. Code Description Pct. Position Cont. Comment
199.0 MSA Survey Abandoned POINT OF MSA FROM UPSTREAM MH196.8 JOL Joint Offset (displaced): Large196.8 RPR Point Repair - Pipe Replaced PVC190.7 TB Tap, Break-in / Hammer 9187.2 TFC Tap, Factory Made: Capped 10
148.3 RPL Point Repair - Localized Lining SHORT LINER
112.0 TF Tap, Factory Made 9
76.2 MWLS Water Level: Sag 15
61.8 TFC Tap, Factory Made: Capped 10
43.2 TF Tap, Factory Made 9
21.6 TFC Tap, Factory Made: Capped 10
13.1 MWLS Water Level: Sag 20
0.0 MWL Water Level 150.0 AMH Access Point - Manhole Starting Manhole: 1-19 IN DROP
Page 1 of 1 Generated on Monday, 5/6/2019 at 06:15 PM by the PipeTech® TV inspection system.161 of 196
M&B SERVICES
25817 Goldfinch Ave Jim Boston 612-710-8892
Wyoming, MN 55092 jim@mb-servicesllc.com
Proposal
Customer Name: Falcon Heights-Sewer Date: 11/18/19
Address: Larpentuer
City, State, Zip Code: Falcon Heights, MN
Phone number: Luke Sandstrom 651-792-7048 email: luke.sandstrom@cityofroseville.com
Service DESCRIPTION Total
Sewer Excavate at offset on Larpenteur Ave. Cutout and replace with
new PVC per the city of Falcon Heights. Reconnect service and
backfill. County required full panel replacement of the
roadway.
$17,485.00
Work to be completed in spring. Ramsey County does not
allow any excavation until frost out.
Quote includes all permits and inspections.
Quote does include restoration of any landscaping or
sidewalks.
Credit card payments will be charged an additional 2.7%
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MECHANICS’ LIEN NOTICE
ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR
PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY
AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER
COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL
FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
WORK AUTHORIZATION: I, the undersigned owner / property manager / tenant (circle one) of the Job Site Address listed above,
hereby affirm that (i) I am authorized to execute this Agreement, and (ii) by signing below, I authorize M & B Services, Inc. to perform
the services outlined in this Agreement and to perform such other labor and use such materials as it deems advisable to complete the
project. I have read this Agreement, including the Terms and Conditions on the reverse side and agree to be bound by them.
Customer
Signature: ___________________________________ Printed Name: ____________________________ Date: _______________
TERMS AND CONDITIONS
RESPONSIBILITIES OF CUSTOMER: Customer represents that, except as described in the Request for Services, all plumbing and related
systems are in good repair and condition. Customer agrees to hold M & B Services, Inc. (“Company”) harmless for the discovery of
defective conditions, including but not limited to the following: improper or faulty plumbing, rusted or defective pipes, dewatering,
breaking rock, acids in the drain system, lines that are settled or broken, or any existing illegal conditions. Customer further represents
that Customer shall be fully responsible for any and all sewer access charges (SAC) and water access charges (WAC) imposed, levied
or assessed by the applicable government bodies.
LIMITED WARRANTY: Company warrants its work to be free from defects in material and workmanship for the warranty period of ten
(10) years from completion unless otherwise stated in writing. All warranties are void if payment is not made when due and all
warranties extend only to the actual work and material provided by Company. Company does not warrant any work performed by
third parties or customer. Warranties extend only to the original customer and are not transferable or assignable. If a defect in
materials or workmanship covered by this warranty occurs, in no event shall Company be held liable for water or other damage caused
by any delay in remedying a defect. THE LIMITED WARRANTY STATED HEREIN IS THE ONLY WARRANTY AND COMPANY MAKES NO
WARRANTY OF MERCHANTBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
PROTECTION OF CUSTOMERS PROPERTY: Customer agrees to remove or protect any personal property, inside and out of the residence
because Company shall not be responsible for said items. Customer agrees that Company bears no responsibility for the natural
consequences of Company’s work, which may cause damage to the lawn, landscaping and improvements to real property, including
but limited to, curbs, sidewalks, driveways, garages, patios, lawns, shrubs, sprinkler systems, drywall, stucco, and other appurtenances
to the residence or real property.
FINANCE CHARGES: Payments made by credit card will be charged an additional 2.7%. A finance charge of 1.75% will be charged each
month for any amounts that remain past due for longer than ten (10) days. Customer further agrees to pay a fee of One Hundred and
No/100 ($100.00) Dollars for any check that is returned for insufficient funds or due to stop payment.
COSTS: Customer agrees to pay reasonable attorney fees, court costs and collection fees in the event of legal action by Company to
enforce the terms of the Agreement.
ACCEPTANCE OF WORK PERFORMED: The Customer understands that aged, deteriorated, inferior pipes and or fixtures may be
damaged in the process of performing the requested task including any drain cable which may become stuck in the drain line for any
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reason. The Customer agrees to indemnify Company, its officers, directors, shareholders, employees, contractors and subcontractors
for any damages to person or property as a result of performing the requested task.
UNFORESEEN CIRCUMSTANCES: Company is not liable for unforeseen circumstances. Start and completion dates may be altered due
to weather and unforeseen circumstances.
ADDITIONAL WORK: Company has the right to supplement the initial estimate or costs set forth in the Agreement if the material and
labor costs increase, or if Company determines, in Company’s discretion that the scope of work is greater than originally expected
after commencing work on the project.
SURVIVAL: If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining
provisions of this Agreement shall not be effected thereby.
164 of 196
1
Luke Sandstrom
From:Dean <dean@penncontractinginc.com>
Sent:Tuesday, December 3, 2019 11:08 AM
To:Luke Sandstrom
Subject:Sanitary Sewer point repair Quote
Caution: This email originated outside our organization; please use caution.
Luke,
The following is my Quote for the sanitary sewer point repair; as described in your letter of November 19, 2019.
Total Quote: $ 34,000.00 F and I, tax and bond included.
I have included: Traffic Control.
Sewer bypass pumping, as may be required.
The Haul off of excess and or unsuitable soils.
Surface Restoration.
Regards,
Dean Luxenburg, Pres.
612 868 9462
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Resolution Approving MnDOT Traffic Control Signal Agreement No. 1035383
Description
The Minnesota Department of Transportation has been working on the design for
the replacement of signal systems and associated work at the intersection of
Snelling Avenue (TH 51) and Roselawn Avenue. The project is set to accept bids
next spring for construction next year. The project will replace the existing signal.
The signal system will be upgraded with Accessible Pedestrian Signals (APS) and
updated curb ramps. The signal will be updated to include flashing yellow arrows
for the east – west legs of the intersection.
The attached Cooperative Construction Agreement is an agreement between the
City of Roseville, City of Falcon Heights and the Minnesota Department of
Transportation (MnDOT) detailing the maintenance responsibilities and cost
participation of the three agencies for the final improvements.
According to the Agreement, the City of Falcon Heights is responsible for 25% of
the cost of the signal at Roselawn Avenue. The cost split is determined by the
amount of signal legs in the intersection. Falcon Heights will be responsible for
the ongoing electrical costs and lighting costs on the Roselawn signal system. The
overall energy costs should be lower as all of the new signal indications as well as
all new lighting will use LED technology.
Budget Impact The total estimated cost to the City, including an 8% add on for contract
administration and inspection costs for the City elements, is $95,487.67. City staff
recommends using Municipal State Aid funds to cover this cost, which we are
allowed to spend on Trunk Highway projects.
Attachment(s) • Resolution 2019- 37 Approving Cooperative Construction Agreement
MnDOT Agreement No. 1035383
• Agreement
Action(s)
Requested
Staff recommends a motion to approve the attached resolution approving
MnDOT Cooperative Construction Agreement No. 1035383 and authorize the
City Administrator and the Mayor to execute all necessary documents.
Meeting Date December 11, 2019
Agenda Item Policy G2
Attachment Resolution, Signal Agreement
Submitted By Jesse Freihammer, City Engineer
167 of 196
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168 of 196
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 11, 2019
No. 19-47
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION APPROVING MnDOT AGREEMENT NO. 1035383
BE IT RESOLVED by the City Council of the City of Falcon Heights, as follows:
WHEREAS, the Minnesota Department of Transportation is reconstructing the traffic control signal and associated work upon, along, and adjacent to Trunk Highway No. 51 at Roselawn
Avenue within Falcon Heights Corporate City limits under State Project No. 6216-138 (T.H. 51=125); and
WHEREAS, elements of this project impact City of Falcon Heights infrastructure and construct new components of City infrastructure; and
WHEREAS, the project will be funded with City of Roseville, City of Falcon Heights and Trunk
Highway funds; and
WHEREAS, it is necessary to enter into an agreement to provide for payment by the City to the State of the City’s share of the project costs and long-term maintenance responsibilities of all parties on State Project No. 6216-138.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Falcon Heights
enter into MnDOT Agreement No. 1035383 with the State of Minnesota, Department of Transportation and City of Roseville. IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember 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: ________________________ Randall Gustafson Mayor
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WEHYEE ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh HARRIS ____ Against City Administrator MIAZGA GUSTAFSON
170 of 196
MnDOT Contract No.: 1035383
-1-
Receivable 3 Party Signal (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
and
CITY OF ROSEVILLE
and
CITY OF FALCON HEIGHTS
TRAFFIC CONTROL SIGNAL AGREEMENT
State Project Number (S.P.): 6216-138
Trunk Highway Number (T.H.): 51=125
State Aid Project Number (S.A.P.): 124-010-002
State Aid Project Number (S.A.P.): 160-010-007
State Aid Project Number (S.A.P.): 160-010-008
Signal System "A" ID: 3779746
Signal System "B" ID: 3779747
Roseville Total Obligation
$328,821.38
Falcon Heights Total Obligation
$95,487.67
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Roseville acting through its City Council ("Roseville") and the City of Falcon Heights acting through its City
Council ("Falcon Heights").
Recitals
1.The State will remove the existing traffic control signals and install new traffic control signals with signal pole
mounted luminaires and signing ("Signal Systems"), on Trunk Highway (T.H.) No. 51 at Roselawn Avenue,
and on Trunk Highway No. 51 at County Road (C.R.) No. C2; in the Cities of Roseville and Falcon Heights
located in Ramsey County, Minnesota, according to State-prepared plans, specifications, and special
provisions designated by the State as State Project No. 6216-138 (T.H. 51=125) ("Project"); and
2.The State will install Emergency Vehicle Pre-emption Systems ("EVP Systems") and Accessible Pedestrian
Signals ("APS") as part of the new Signal Systems; and
3.The State will furnish a cabinet and controller and video detection system ("State Furnished Materials"),
according to the Project Plans, to operate the Signal Systems covered under this Agreement; and
4.Roseville and Falcon Heights wish to participate in the costs of the Signal Systems, APS, and EVP Systems
construction, State Furnished Materials lump sum amounts, and associated construction engineering; and
5.Roseville, Falcon Heights and the State will participate in the operation and maintenance of the new Signal
Systems, APS, and EVP Systems; 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.
Attachment B
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MnDOT Contract No.: 1035383
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Receivable 3 Party Signal (Cooperative Agreements)
Agreement
1. Term of Agreement; Survival of Terms; Plans
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State
Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
The terms and conditions set forth in Article 3. Signal Systems and EVP Systems Operation and
Maintenance will survive the expiration of this Agreement, but may be terminated by another agreement
between the parties.
1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by
the State as State Project No. 6216-138 (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").
1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineers and attached and
incorporated into this Agreement.
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision, and Inspection of Construction. The State will direct and supervise all construction
activities performed under the construction contract, and perform all construction engineering and
inspection functions in connection with the contract construction. All contract construction will be
performed according to the Project Plans.
2.3. Plan Changes, Additional Construction, Etc.
The State will make changes in the Project Plans and contract construction, which may include Roseville
and Falcon Heights participation construction covered under this Agreement, and will enter into any
necessary addenda and change orders with the State's contractor that are necessary to cause the
contract construction to be performed and completed in a satisfactory manner. The State District
Engineer's authorized representative will inform the appropriate Roseville and Falcon Heights official of
any proposed addenda and change orders to the construction contract that will affect the Roseville and
Falcon Heights participation construction covered under this Agreement.
Roseville and or Falcon Heights 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 letters with the State. If the
State determines that the requested additional work or plan changes are necessary or desirable and
can be accommodated without undue disruption to the Project, the State will cause the additional
work or plan changes to be made.
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MnDOT Contract No.: 1035383
-3-
Receivable 3 Party Signal (Cooperative Agreements)
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
3. Signal Systems and EVP Systems Operation and Maintenance
Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on T.H. 51
at Roselawn Avenue (Signal System "A"), and on T.H. 51 at C.R. C2 (Signal System "B").
3.1. Roseville and Falcon Heights Responsibilities.
Power (Signal System "A"). Falcon Heights will be responsible for the hook-up cost and application to
secure an adequate power supply to the service pads or poles and will pay all monthly electrical service
expenses necessary to operate the Signal System and EVP System.
Power (Signal System "B"). Roseville will be responsible for the hook-up cost and application to secure
an adequate power supply to the service pads or poles and will pay all monthly electrical service
expenses necessary to operate the Signal System and EVP System.
Minor Signal System Maintenance. Roseville will provide for the following, without cost to the State.
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.
ii. Replace the Signal Systems 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 Systems controller cabinet and service cabinet exteriors.
iv. Clean the Signal Systems, and luminaire mast arm extensions.
3.2. State Responsibilities.
Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and
perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to
Roseville or Falcon Heights. All Signal System timing will be determined by the State, and no changes
will be made without the State's approval.
EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed
according to the following conditions and requirements:
i. All maintenance of the EVP Systems must be done by State 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. Roseville and Falcon Heights will provide the State's District Engineer
or their designated representative a list of all vehicles with emitter units, if requested by the State.
iii. Malfunction of the EVP Systems must be reported to the State immediately.
iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or
the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues
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MnDOT Contract No.: 1035383
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Receivable 3 Party Signal (Cooperative Agreements)
after Roseville or Falcon Heights receives written notice from the State, the State may remove the
EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and
components become the property of the State.
v. All timing of the EVP Systems will be determined by the State.
3.3. Right-of-Way Access. Each party authorizes the other party 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. 87752M, dated
October 24, 2005, between the parties, for the intersection of T.H. 51 at Roselawn Avenue. This
Agreement will supersede and terminate Agreement No. 89562M, dated May 24, 2006, between the
parties, for the intersection of T.H. 51 at Roselawn Avenue. This Agreement will supersede and terminate
the operation and maintenance terms of Agreement No. 64296, dated November 10, 1987, between the
parties, for the intersection of T.H. 51 at C.R. C2. This Agreement will supersede and terminate Agreement
No. 73849, dated October 30, 1995, between the parties, for the intersection of T.H. 51 at C.R. C2.
4. Basis of Roseville and Falcon Heights Cost
4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated Roseville and Falcon Heights
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. Roseville Participation Construction. Roseville will participate in the following at the percentages
indicated:
25 Percent will be the Roseville's rate of cost participation for the Signal System, APS, EVP System, and
State Furnished Materials on T.H. 51 at Roselawn Avenue (System "A").
50 Percent will be the Roseville's rate of cost participation for the Signal System, APS, EVP System, and
State Furnished Materials on T.H. 51 at C.R. C2 (System "B").
4.3. Falcon Heights Participation Construction. Falcon Heights will participate in the following at the
percentages indicated:
25 Percent will be the Falcon Heights' rate of cost participation for the Signal System, APS, EVP System,
and State Furnished Materials on T.H. 51 at Roselawn Avenue (System "A").
4.4. Construction Engineering Costs. Roseville and Falcon Heights will each pay a construction engineering
charge equal to 8 percent of their total participation construction covered under this Agreement.
4.5. Plan Changes, Additional Construction, Etc. Roseville and Falcon Heights, respectively will share in the
costs of construction contract addenda that are necessary for the respective Roseville and Falcon Heights
participation construction covered under this Agreement, including any Roseville or Falcon Heights
requested additional work and plan changes.
The State reserves the right to invoice Roseville or Falcon Heights for the cost of any additional Roseville
or Falcon Heights requested work and plan changes, construction contract addenda, change orders, and
associated construction engineering before the completion of the contract construction.
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5. Roseville and Falcon Heights Cost and Payment
5.1. Roseville Cost. $328,821.38 is Roseville'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, the State 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.
5.1. Falcon Heights Cost. $95,487.67 is Falcon Heights' 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, the
State 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. Roseville and Falcon Heights will pay the State the full and complete lump sum
amount as shown in the Revised Schedule "I", after the following conditions have been met:
Execution of this Agreement and transmittal to Roseville and Falcon Heights, including a copy of the
Revised Schedule "I".
Roseville and Falcon Heights’ receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of Roseville and Falcon Heights' Cost and Completed Construction. The computation by the
State of the amount due from Roseville and Falcon Heights will be final, binding, and conclusive.
Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon
Roseville and Falcon Heights as to the satisfactory completion of the contract construction.
5.4. Final Payment and Additional Roseville and Falcon Heights Requested Work. Upon completion of all
contract construction and upon computation of the final amount due the State's contractor, and only if
additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final
Schedule "I" and submit a copy to Roseville or Falcon Heights. The Final Schedule "I" will be based on final
quantities of any additional Roseville or Falcon Heights requested participation construction items and the
construction engineering cost share due to additional requested work. The computation by the State of
the amount due from Roseville or Falcon Heights will be final, binding and conclusive.
The State, Roseville, and Falcon Heights 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.
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6.1. The State's Authorized Representative will be:
Name, Title: Gregory 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
6.2. Roseville's Authorized Representative will be:
Name/Title: Jesse Freihammer, City Engineer (or successor)
Address: 2660 Civic Center Drive, Roseville, MN 55113
Telephone: 651-792-7042
E-Mail: jesse.freihammer@cityofroseville.com
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: 651-792-7611
E-Mail: jesse.freihammer@cityofroseville.com
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
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 the State,
Roseville and Falcon Heights. No other understanding regarding this Agreement, whether written or oral,
may be used to bind either party.
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, omissions of others, and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
other applicable law govern liability of Roseville and Falcon Heights.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
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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, Roseville and Falcon Heights' books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the State and the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
Roseville, Falcon Heights and State must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by Roseville and Falcon Heights under this
Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this
clause by either Roseville, Falcon Heights or the State.
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. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the performance of contract construction under the Project. Termination
must be by written or fax notice to Roseville and Falcon Heights.
13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, and performance of work authorized through this Agreement.
14. Force Majeure
No 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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CITY OF ROSEVILLE
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:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
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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:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE
AGREEMENT AND AUTHORIZING ITS EXECUTION.
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PRELIMINARY SCHEDULE "I"
Agreement No. 1035383
City of Falcon Heights / City of Roseville
S.P. 6216-138 (T.H. 51=125)Preliminary: November 21, 2019
S.A.P. 124-010-002 (City of Falcon Heights)
S.A.P. 160-010-007, S.A.P. 160-010-008 (City of Roseville)
State Funds
Traffic Control Signal, EVP Systems, and ADA improvement construction to start approximately 7/1/20 under
State Contract No. ____ with ____
Located on T.H. 51 (Snelling Ave.) at Roselawn Ave. and T.H. 51 (Snelling Ave.) at County Road C2
CITY OF FALCON HEIGHTS TRAFFIC SIGNAL COST PARTICIPATION
ADA Improvement Work Items From Sheet No. 2 26,104.16
Signal System "A" Work Items From Sheet No. 4 44,448.00
State Furnished Materials From Sheet No. 4 15,795.45
Emergency Vehicle Pre-emption System "A" Work Items From Sheet No. 4 2,066.90
Subtotal $88,414.51
Construction Engineering (8%)7,073.16
(1)Total City of Falcon Heights Cost $95,487.67
CITY OF ROSEVILLE TRAFFIC SIGNAL COST PARTICIPATION
ADA Improvement Work Items From Sheet No. 2 and 3 85,484.99
Signal System "A" and "B" Work Items From Sheet No. 4 and 5 164,983.50
State Furnished Materials From Sheet No. 4 and 5 47,126.35
Emergency Vehicle Pre-emption System "A" and "B" Work Items From Sheet No. 4 and 5 6,869.40
Subtotal $304,464.24
Construction Engineering (8%)24,357.14
(1)Total City Cost $328,821.38
(1) Amount of advance payment as described in Article 5 of the Agreement (estimated amount)
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(1) 50% STATE, 25% CITY OF FALCON HEIGHTS, 25% CITY OF ROSEVILLE
ITEM S.P. 6216-138 UNIT QUANTITY UNIT PRICE COST
NUMBER ADA WORK ITEMS SYSTEM "A"(1)
2011.601 AS BUILT LUMP SUM 0.50 1,035.00 517.50
2021.501 MOBILIZATION LUMP SUM 0.50 41,886.30 20,943.15
2102.518 PAVEMENT MARKING REMOVAL SQ FT 843.00 3.50 2,950.50
2104.503 REMOVE CURB AND GUTTER LIN FT 230.00 10.00 2,300.00
2104.518 REMOVE CONCRETE WALK SQ FT 765.00 3.00 2,295.00
2104.618 REMOVE AND REPLACE BITUMINOUS PAVEMENT SQ FT 474.00 17.00 8,058.00
2232.618 MILL AND PATCH BITUMINOUS PAVEMENT SQ FT 293.00 4.00 1,172.00
2301.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 64.00 20.00 1,280.00
2302.602 DOWEL BAR EACH 20.00 9.00 180.00
2302.603 FULL DEPTH REPAIR (TYPE CD-HV)LIN FT 28.00 110.00 3,080.00
2302.604 PAVEMENT REPLACEMENT (TYPE CX)SQ YD 79.00 90.00 7,110.00
2503.503 12" RC PIPE SEWER DESIGN 3006 LIN FT 17.00 50.00 850.00
2503.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 1.00 1,300.00 1,300.00
2506.502 CASTING ASSEMBLY EACH 1.00 900.00 900.00
2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT 4.00 380.00 1,520.00
2521.618 CONCRETE WALK SQ FT 694.00 13.00 9,022.00
2531.603 CONCRETE CURB & GUTTER LIN FT 255.00 40.00 10,200.00
2531.618 TRUNCATED DOMES SQ FT 130.00 50.00 6,500.00
2563.601 TRAFFIC CONTROL LUMP SUM 0.50 10,000.00 5,000.00
2563.613 AUD MESS DEV W PUSHBUTTON & LOCATOR TONE UNIT DAY 20.00 125.00 2,500.00
2573.502 STORM DRAIN INLET PROTECTION EACH 2.00 300.00 600.00
2575.602 SITE RESTORATION EACH 4.00 550.00 2,200.00
2581.503 REMOVABLE PREFORMED PAVEMENT MARKING TAPE LIN FT 180.00 1.20 216.00
2582.503 4" SOLID LINE PAINT LIN FT 69.00 5.00 345.00
2582.518 CROSSWALK PAINT SQ FT 216.00 4.00 864.00
2582.518 CROSSWALK PREFORM TAPE GROUND IN SQ FT 863.00 14.50 12,513.50
TOTAL $104,416.65
(1) 50% STATE COST $52,208.33
25% FALCON HTS COST $26,104.16
25% ROSEVILLE COST $26,104.16
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(2) 50% STATE, 50% CITY OF ROSEVILLE
ITEM S.P. 6216-138 UNIT QUANTITY UNIT PRICE COST
NUMBER ADA WORK ITEMS SYSTEM "B"(2)
2011.601 AS BUILT LUMP SUM 0.50 1,035.00 517.50
2021.501 MOBILIZATION LUMP SUM 0.50 41,886.30 20,943.15
2102.518 PAVEMENT MARKING REMOVAL SQ FT 1,044.00 3.50 3,654.00
2104.503 REMOVE CURB AND GUTTER LIN FT 207.00 10.00 2,070.00
2104.518 REMOVE CONCRETE WALK SQ FT 1,422.00 3.00 4,266.00
2104.618 SALVAGE BRICK PAVERS SQ FT 65.00 30.00 1,950.00
2104.618 REMOVE AND REPLACE BITUMINOUS PAVEMENT SQ FT 855.00 17.00 14,535.00
2232.618 MILL AND PATCH BITUMINOUS PAVEMENT SQ FT 651.00 4.00 2,604.00
2301.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 47.00 20.00 940.00
2521.618 CONCRETE WALK SQ FT 1,662.00 13.00 21,606.00
2531.603 CONCRETE CURB & GUTTER LIN FT 226.00 40.00 9,040.00
2531.618 TRUNCATED DOMES SQ FT 136.00 50.00 6,800.00
2540.618 INSTALL BRICK PAVERS SQ FT 45.00 35.00 1,575.00
2563.601 TRAFFIC CONTROL LUMP SUM 0.50 10,000.00 5,000.00
2563.613 AUD MESS DEV W PUSHBUTTON & LOCATOR TONE UNIT DAY 20.00 125.00 2,500.00
2573.502 CULVERT END CONTROLS EACH 2.00 250.00 500.00
2573.503 SEDMENT CONTROL LOG TYPE COMPOST LIN FT 250.00 3.00 750.00
2575.602 SITE RESTORATION EACH 6.00 550.00 3,300.00
2581.503 REMOVABLE PREFORMED PAVEMENT MARKING TAPE LIN FT 1,020.00 1.20 1,224.00
2582.503 4" SOLID LINE PAINT LIN FT 22.00 5.00 110.00
2582.518 CROSSWALK PREFORM TAPE GROUND IN SQ FT 1,026.00 14.50 14,877.00
TOTAL $118,761.65
(2) 50% STATE COST $59,380.83
50% ROSEVILLE COST $59,380.83
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(3) 50% STATE, 25% CITY OF FALCON HEIGHTS, 25% CITY OF ROSEVILLE
ITEM S.P. 6216-138 UNIT QUANTITY UNIT PRICE COST
NUMBER SIGNAL SYSTEM "A" WORK ITEMS (3)
2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "A"SYSTEM 1.00 177,792.00 177,792.00
TOTAL $177,792.00
(3) 50% STATE COST $88,896.00
25% FALCON HTS COST $44,448.00
25% ROSEVILLE COST $44,448.00
STATE FURNISHED MATERIALS - TYPE "R" CABINET AND CONTROLLER 1.00 32,181.80 32,181.80
STATE FURNISHED MATERIALS - VIDEO DETECTION CAMERA W/ ASSOCIATED EQUIPMENT 1.00 31,000.00 31,000.00
TOTAL $63,181.80
(3) 50% STATE COST $31,590.90
25% FALCON HTS COST $15,795.45
25% ROSEVILLE COST $15,795.45
2565.501 EMERGENCY VEHICLE PRE-EMPTION SYSTEM "A"LUMP SUM 1.00 8,267.60 8,267.60
TOTAL $8,267.60
(3) 50% STATE COST $4,133.80
25% FALCON HTS COST $2,066.90
25% ROSEVILLE COST $2,066.90
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(4) 50% STATE, 50% CITY OF ROSEVILLE
ITEM S.P. 6216-138 UNIT QUANTITY UNIT PRICE COST
NUMBER SIGNAL SYSTEM "B" WORK ITEMS (4)
2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "B"SYSTEM 1.00 241,071.00 241,071.00
TOTAL $241,071.00
(4) 50% STATE COST $120,535.50
50% ROSEVILLE COST $120,535.50
STATE FURNISHED MATERIALS - TYPE "R" CABINET AND CONTROLLER 1.00 32,181.80 32,181.80
STATE FURNISHED MATERIALS - VIDEO DETECTION CAMERA W/ ASSOCIATED EQUIPMENT 1.00 30,480.00 30,480.00
TOTAL $62,661.80
(4) 50% STATE COST $31,330.90
50% ROSEVILLE COST $31,330.90
2565.501 EMERGENCY VEHICLE PRE-EMPTION SYSTEM "B"LUMP SUM 1.00 9,605.00 9,605.00
TOTAL $9,605.00
(4) 50% STATE COST $4,802.50
50% ROSEVILLE COST $4,802.50
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approving the Professional Service Agreement for Administrative Direction and
Command Services for Fire Service from the City of Roseville
Description
The City of Falcon Heights has explored and pursued different service models to
continue to provide fire services for our City and the City of Lauderdale. With the
termination of our Fire Chief, the City pursued internal and external candidates
without success. All of the individuals that were interested in becoming our
Interim Fire Chief reluctantly declined at a later date. During this process we also
had individual meetings with each Firefighter and the common theme from almost
all the Firefighters was the need to have a Fire Chief. We also received feedback to
explore contract services with the City of St. Paul and Roseville.
After multiple discussions with the Roseville Fire Department, it was very clear that
Roseville wanted to assist the City of Falcon Heights maintain the current local paid
on call department model. The hope for the next year is to have Roseville Fire help
with the day to day operations, while at the same time assist the City to find its next
Fire Chief.
Roseville will also conduct an Audit of the Department that will include, but not
limited to training (which will now be conducted by Roseville Fire), leadership
structure, right people in the right place, meetings & trainings, dispatch work,
internal communications, reports & report writing, uniform, gear, helmets
assessments, annual performance checks & inspections, annual medical
examinations, SOP/SOG, personnel assessments, officer development and
inspections.
Budget Impact This has been allocated in to Proposed 2020 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends approving the Professional Service Agreement for
Administrative Direction and Command Services for Fire Service from the City of
Roseville and eliminate the position of Assistant Fire Chief and Training Officer as a
result would terminate the employment of Anton Fehrenbach and Bryan Sullivan
effective December 11, 2019.
Meeting Date December 11, 2019
Agenda Item Policy G3
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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PROFESSIONAL SERVICES AGREEMENT
FOR FIRE SERVICE ADMINISTRATIVE DIRECTION AND COMMAND SERVICES This Agreement is made by and between the City of Roseville, a Minnesota municipal corporation
(“Roseville”), and the City of Falcon Heights, a Minnesota municipal corporation (“Falcon
Heights”), as of the ____ day of ____________, 2019. WHEREAS, the City of Falcon Heights possesses its own Fire Department;
WHEREAS, the City of Lauderdale contracts with Falcon Heights to provide fire service
operations; WHEREAS, Falcon Heights desires to contract with the City of Roseville to provide fire service administrative direction and command services over its fire department; and,
WHEREAS, the parties desire to memorialize in writing their respective obligations under such contractual relationship. NOW, THEREFORE, intending to be bound by the consideration and obligations contained
herein, the sufficiency of which is expressly acknowledged, the parties hereby agree to the following Agreement: 1. Scope of Work.
Roseville agrees to provide the professional services described in Exhibit “A” attached hereto (“Work”) and the audit described in Exhibit “B” attached hereto (“Audit”) in consideration for the compensation set forth in Provision 3 below. 2. Term. The term of this Agreement shall be from __________, 2019, through __________, 2020, the date of signature by the parties notwithstanding. The parties may extend the term of this Agreement by mutual written consent of all parties.
3. Compensation for Services. Falcon Heights agrees to pay the City of Roseville a total compensation of $40,000.00 for the initial term of this Agreement. Roseville shall submit to Falcon Heights a quarterly written invoice for $10,000.00, which shall be paid in the same manner as other claims
made to the City of Falcon Heights.
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4. Termination.
This Agreement may be terminated at any time by any party, with or without cause, by delivering to the all other parties a written notice at least sixty (60) days prior to the date of such termination. The date of termination shall be stated in the notice. Upon termination by any party, Roseville shall be paid for services rendered through and until the date of
termination.
5. Assignment. No party may assign this Agreement, nor its rights and/or obligations hereunder, without
the prior written consent of all other parties.
6. Waiver. Any waiver by any party of a breach of any provisions of this Agreement shall not affect,
in any respect, the validity of the remainder of this Agreement or either parties’ ability to
enforce a subsequent breach. 7. Workers’ Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will
maintain workers’ compensation insurance or self-insurance coverage, covering its own
personnel while they are performing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers’ compensation benefits paid to its own employees or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers.
8. Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party
or its officers, employees, or volunteers.
9. Indemnification and Defense. Subject to the limitations and immunities in MN Statute Chapter 466, to the fullest extent
permitted by law, Falcon Heights agrees to defend, indemnify and hold harmless Roseville
and its mayor, council members, officers, agents, employees and representatives from and against all liability, claims, petitions, demands, damages, costs, judgments, losses and expenses of any kind and in any forum or process, including but not limited to attorney’s fees and costs, arising out of or resulting from any actual or alleged negligent or wrongful
act or omission of Roseville pertaining to the performance or failure to perform under this
Agreement. This provision does not apply to willful, intentional, and tortious misconduct by Roseville personnel.
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Subject to the limitations and immunities in MN Statute Chapter 466, to the fullest extent
permitted by law, Falcon Heights agrees to defend, indemnify and hold harmless Roseville
and its mayor, council members, officers, agents, employees and representatives from and against all liability, claims, petitions, demands, damages, costs, judgments, losses and expenses of any kind and in any forum or process, including but not limited to attorney’s fees and costs, arising out of or resulting from any actions or omissions on the part of any
officers, agents, employees and representatives of Falcon Heights and/or Lauderdale
pertaining to the subject matter of this Agreement. The parties agree that liability under this Agreement is controlled by Minnesota Statutes §471.58, subd. 1a, and that the total liability for the parties shall not exceed the limits on
governmental liability for a single unit of government as specified in Minnesota Statutes
§466.04, subd. 1(a). Nothing in this Agreement is intended to, nor shall be construed to, constitute a waiver of any liability limitations available to any party under Minnesota Statutes Chapter 466.
10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
11. Governing Law; Venue. This Agreement shall be controlled by the laws of the State of Minnesota. Any legal action brought under this Agreement shall be venued in a court of competent jurisdiction located
in Ramsey County, Minnesota.
12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason,
held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement. 13. Notices.
Any notice to be given by any party upon any other under this Agreement shall be properly
given in writing either personally delivered or by e-mail or by U.S. mail to a party’s City Manager or City Administrator as follows: City of Roseville: City of Falcon Heights:
Patrick Trudgeon, City Manager Sack Thongvanh, City Administrator Pat.Trudgeon@cityofroseville.com Sack.Thongvanh@falconheights.org 2660 Civic Center Drive 2077 Larpenteur Avenue West Roseville, MN 55113 Falcon Heights, MN 55113
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The parties agree that delivering notices to the official successors of the above-named representatives shall be deemed sufficient under this Agreement. Notices shall be deemed effective on the date of receipt if given personally, on the date of
deposit in the U.S. mails if mailed, or on the date of delivery to an overnight courier if so
delivered; provided, however, if notice is given by deposit in the U.S. mails or delivery to an overnight courier, the time for response to any notice by the other party shall commence to run one business day after the date of mailing or delivery to the courier. Any party may change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change
14. Entire Agreement. Unless stated otherwise herein, the entire agreement of the parties is contained in this Agreement. This Agreement supersedes all prior oral agreements and negotiations
between the parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by all parties.
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CITY OF ROSEVILLE
Date: _________________________ __________________________________ Mayor
Date: _________________________ __________________________________
City Manager
Date:_________________________ ___________________________________ Fire Chief
APPROVED AS TO FORM:
Date:_________________________ __________________________________ City Attorney
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6
CITY OF FALCON HEIGHTS
Date: _________________________ __________________________________ Mayor
Date: _________________________ __________________________________
City Administrator
APPROVED AS TO FORM:
Date:_________________________ __________________________________
City Attorney
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EXHIBIT A (“Work”)
Fire Service Administrative Direction and Command services
Scope of Services and General Program Structural Outline
This is not a contract for fire suppression or medical related emergency incident response.
Roseville Fire will respond to predetermined incident types, or requests based on pre-existing
automatic/mutual/closest unit agreements in place.
“Roseville Fire Administration” personnel consist of a Fire Chief, Assistant Fire Chief, three
Battalion Chiefs and one administrative coordinator.
The city of Roseville agrees to provide the City of Falcon Heights the personnel necessary to
provide the below “Scope of Services;” the personnel will be available 24 hours per day.
Overall supervision and management of all emergency and non-emergency day-to-day
department operations and tasks.
The city of Falcon Heights understands and acknowledges that Roseville Fire Administration is
under the direction of the Falcon Heights City Administrator, and not subject to supervision or
direction of existing Falcon Heights Fire Department leadership or personnel.
Incident command and resource support will be given to Falcon Heights Fire Department for
structure fires or major incident types, as previous auto & mutual aid agreements dictate, as
well as when necessary as determined by Falcon Heights personnel, or Roseville Fire.
Control and coordination of operations budget for expenditure and purchase applications. This
includes, but is not limited to, invoices, payroll, membership fees, etc.
Review and implementation of Standard Operating Guidelines (SOG) and Standard Operating
Policies (SOP) to assure compliance with Local, State, Federal, NFPA, and best practices to
assure for the safety of Firefighters and the community.
Provide a safe, courteous, professional, and consistent level of service for the department and
community.
The Roseville Fire Administration will provide new contract audit, and recommendations report
to the Falcon Heights City Administration and City Council within 120 days of execution of
contract. The Roseville Fire Administration will have full permission and access to Falcon
Heights Fire Department facilities and equipment.
The Roseville Fire Administration will have full access to all training and personnel records.
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Roseville Fire Administration will provide to the City of Falcon Heights, Falcon Heights Fire
Department, and Firefighters:
• Organizational management
• Fire, hazardous materials, rescue, and emergency medical services training
o Perform the duties of training chief
• Personnel development
• Fleet and equipment management
• Firefighter OSHA and medical examination requirement management
• Personal protective equipment (PPE) management
• Fire investigation
• Perform recommendations on hiring, demotions, promotions, all personnel
management decisions with approval of City Manager
• Management of fire station activities and space
Roseville Fire Administration will be reasonably available for department head-level meetings
and events within the Falcon Heights organizational structure. Roseville Fire Administration will
make reports to the City Administrator regularly, and City Council as requested.
Expanded scope/additional work: The City of Falcon Heights and the City of Roseville agree that
at any time during the term of the contract either party may initiate discussions regarding the
expansion of the scope of this contract to include expanded or additional services provided by
the Roseville Fire Department.
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EXHIBIT B (“Audit”)
1. Training
a. Calendar Review and Planning
i. 2018
ii. 2019
iii. 2020
b. Hours of training for each topic
i. MBFTE/MFSCB Compliant?
ii. EMSRB/NREMT Compliant?
c. Personnel files
i. All of these items organized and compiled correctly
ii. Any outstanding personnel issues or discipline currently
d. 2020 calendar
i. Training
ii. Community Events
2. Leadership Structure
a. Leadership Review and Assessment
i. Promotions
ii. Demotions
3. The right people in the right places
a. Assessing daytime, nighttime, and weekend availability
4. Meetings & Trainings
a. Nights/Days/When/why, etc.
5. Dispatch Work
a. Response Plan Review
b. Phoenix G2 Update
c. Pager/Everbridge Review
6. Internal Communications
a. Website or a Firewire-type program?
b. Image Trend?
c. How do they communicate?
i. Email?
ii. Text?
7. Reports and Report Writing
a. Image Trend- What version and how does it operate?
b. Firehouse?
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EXHIBIT B (“Audit”)
8. Uniform Assessment
a. What needs to be addressed?
9. Gear, Helmet and PPE Assessment
a. NFPA compliant?
b. OSHA Compliant?
10. Annual Performance Checks and Inspections
a. SCBAs
b. Engine pump
c. Ladder
d. Hose testing
e. Equipment
i. Saws
ii. Fans
iii. Extinguishers
11. Annual Medical Examinations
a. What do they currently perform?
b. Who performs the medical examinations?
12. SOP/SOG
a. Full review of any/all SOGs
b. What needs to be cleaned up?
c. What is missing?
13. Personnel Assessments
a. Company officer review
b. Years of service, training, experience
i. Long-mid-term range assessment on retirement/transient employment
14. Officer Development
15. Inspections
a. Fire and Life Safety Inspections Completed?
b. Plan Review?
c. Pre-Plans for CAD?
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