HomeMy WebLinkAboutCity_Council_Packet_4-22-2020CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
April 22, 2020 at 7:00 P.M.
NOTE: THIS MEETNG WILL BE HELD BY WEB CONFERENCE
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MIAZGA ___ WEHYEE___
STAFF PRESENT: THONGVANH____
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. March 11, 2020 Regular City Council Meeting
2. April 8, 2020 Emergency/Special City Council Meeting (held by web conference)
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 4/14/20 $190,462.16
Payroll through: 4/15/20 $21,441.72
2. Appointment of Karen Cooley Kistler to Community Engagement Commission
3. Community Development Coordinator Justin Markon’s 18-Month Employee Step
Adjustment
G: POLICY ITEMS:
1. Wetland Conservation Act (WCA) Delegation to Capitol Region Watershed District
2. Accept DEED Grant for Amber Union Project
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. A PROCESS TO RECEIVE PUBLIC FEEDBACK IS BEING
CONSIDERED.
J. ADJOURNMENT:
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
March 11, 2020 at 7:00 P.M
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_AB__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATION
1. Coronavirus (COVID-19) Update
Dan Johnson-Powers, Assistant Emergency Manager for Allina Health and Falcon Heights Fire
Department
City Administrator Thongvanh and I attended a Coronavirus meeting today. I will be providing
updates on what health care is doing and what the public can do. I am representing myself and
am not an official spokesperson.
On the healthcare side, there are a lot of emails to stay up to date and tremendous coordination
across the metro clinics, long-term care facilities, hospitals, etc. In addition, they are creating
plans on how to tackle the new virus similar to H1N1 and other widespread viruses. We are
also encouraging everyone to use the nurse advice line instead of coming to the hospital.
In terms of the city, we were advised today that there is a class being offered in April on
Continuity of Operations. We are blessed to have a Ramsey County emergency management
group that contracts with a company that provides an online tool to help cities develop
Continuity of Operations planning. The planning assists the city when the city hall is
unavailable and can relocate and use surrounding cities’ council chambers for meetings. In
addition, the plan also assists the city when council members are sick and do not have enough
to attend a meeting to establish a quorum. There are many different options in the Continuity of
Operations planning.
There are many fears in the public. In order to ease the stress, we need to look at factual
information from the CDC, Minnesota Department of Health, and Ramsey County websites to
stay up to date. The City of Falcon Heights has long preached about personal and family
preparedness and held courses or have CERT teams educate residents on emergency
preparedness.
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2. Park Commission Annual Report
Walt Dunlap, Chair of Parks and Recreation Commission
Walk reviewed the Parks and Recreation Commission recent and future activities, which
include:
• Planning for summer programming: the city is currently hiring for seasonal workers
• The Garden in a Box program
• Target Soccer Grant
• Ice Cream Social and Hotdog with a Deputy 2019
• Ice Cream Social 2020: Ramsey County Sheriff's Office is discontinuing Hotdog with a
Deputy and will use the funds for different programs and projects
• The Good Neighbor Grant –Story Time, Shed, Rec on the GO
• Twins Youth Baseball Clinic 2020 Curtiss Field basketball court
3. Pavement Management Program
Jesse Freihammer, City Engineer
This is an overview only. City Administrator Thongvanh and City Council will discuss more
details at next week’s workshop on how we determine street projects.
The Pavement Management Project (PMP) helps the city rate the road, sanitary, storm, water
utilities, curbs, and sidewalks and replace the damages. It also helps the city to meet ADA
compliance. In 2015, we did mill and overlays and in 2017, we did mill and reclamation work in
the University Grove neighborhood to smooth the roads and control the cracks.
The city rates the roads every four years by collecting data from road inspections and
maintenance staff input. We will review the data and give the road segment a rating between 0-
10. The goal is to maintain a citywide average PCI rating of 75 or above. In addition, mill and
overlay is recommended for any street section that falls below a PCI rating of 66 and
reclamation or reconstruction for any street section that falls below a PCI rating of 35. Falcon
Heights' current rating is 72 because the city has not done a project in four years; however, if
there is a project, the number will go up.
D. APPROVAL OF MINUTES:
1. February 12, 2020 City Council Meeting Minutes
Approved 4-0
2. February 26, 2020 City Council Meeting Minutes
Approved 4-0
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 3/03/20 $253,331.50
Payroll through: 2/29/20 $19,450.80
Council Member Miazga, Approved 4-0
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G: POLICY ITEMS:
1. Fire Department –FEMA Grant Quotes
City Administrator Thongvanh
The RCA item title is incorrect, and it should be Fire FEMA Grant.
The city applied for the FEMA Assistance to Firefighters Grants for $111,000 in 2018. The
request included Personal Protective Equipment (helmets, boots, hoods, coats, and pants) for
$63,000 and Modify Facilities (Source Capture Exhaust Systems) for $48,000. Unfortunately, the
city was denied for the Personal Protective Equipment but awarded funds for the Source
Capture Exhaust Systems. The grant is a 95/5 match.
The city requested quotes from TNC Industries, Inc. and Tom Lynch to install the Source
Capture Exhaust System. The FEMA grant will cover $45,714.28 of the project cost and the city
will cover the $2,285.72, for a total approved budget of $48,000. In addition, the city will cover
additional costs that surpass the approved budget of $48,000.
Staff recommends approving the quote from TNC Industries, Inc. for installation of the
Plymovent system and authorizes the City Administrator to authorize additional work as
necessary, not to exceed $10,000.
Council Member Andrews, Approved 4-0
2. Community Park Building - Structural Evaluation and Recommendations
City Administrator Thongvanh
Every year, the city does visual inspections and repairs of the Community Park
Building. During the 2019 visual inspections and repairs, city staff noticed multiple issues that
needed further investigations if the city wants to continue to open the facility. Bolton & Menk
was recommended by our City Engineer The budget impact is $5,500, which includes a one-day
field investigation, evaluation of the structural impacts, and a rehabilitation recommendation
letter report outlining potential repair and rehabilitation methods and expected design life of
those repairs or rehabilitations.
The Community Park is valuable to the community by hosting family reunions, birthdays, and
city events and summer programs. It is the center point for everyone. The inspector will
review the building and will determine the integrity of the building. If the building is safe to
use, the city will make an announcement and open the park reservations.
Council Member Wehyee Moved, Approved 4-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Andrews
• The Environment Commission met on Monday and discussed the bee ordinance. The
ordinance will be at the City Council workshop.
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Council Member Miazga
• NYFS is nearing its end in finding a president and new director. We should hear an
announcement in the next 3-5 weeks. The Leadership Luncheon is on May 6, from
11:30am-1pm at the Midland Hills Country Club. All are welcome to attend.
Council Member Wehyee
• The Community Engagement Commission (CEC) does not meet this month and is using
it as a work month. We are close to completing the CEC work plan, and it will be
presented at the April 22 City Council meeting. I would like to thank staff liaison
Amanda Lor and Kim Johnson (CEC Chair) for putting it together.
• On Thursday, March 12, Barbara Barany from the League of Women Voters Roseville
and an active community member, city staff Justin Markon, and I met the CTC board
members. We discussed the 2020 census and created a participation plan. We need to
make sure every resident is counted.
• The University of Minnesota made a decision to cancel their classes due to COVID-19 up
to May 11.
Mayor Gustafson
• Due to the COVID-19, Breakfast with the City Council event will be discussed at next
week’s workshop if the council still wants to host the event.
• The Environmental forum hosted by the League of Women Voters Roseville is on March
24, at Ramsey County Library in Roseville. Please visit their website for cancellation
announcements.
• Coffee with a Cop/Eggroll with a Deputy was a successful event. The eggrolls were
delicious, and we bought complimentary food and coffee for the guests.
City Administrator Thongvanh
• The printed newsletter will be mailed out in the next two weeks. Each year, the
newsletter continues to improve on communications and design layout.
• On April 15, Mayor Gustafson and I will meet with the City of Roseville Fire
Department and will discuss audits. They will also present it at our City Council
meeting.
I. COMMUNITY FORUM:
J. ADJOURNMENT: 8:55 P.M.
________________________________
Randy Gustafson, Mayor
Dated this 11th day of March, 2020
_________________________________
Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
April 8, 2020 at 7:00 P.M.
NOTE: THIS MEETING WAS HELD BY PHONE CONFERENCE
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS _X__ GUSTAFSON_X___ LEEHY_X__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. March 23, 2020 Emergency/Special City Council Meeting (held by phone conference)
Approved 5-0
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 3/31/20 $5,255.18
Payroll through: 3/31/20 $18,704.76
2. Approve Good Neighbor Fund
3. Resignation of Julie Stegman from the Community Engagement Commission
City Administrator Thongvanh
Request for amendment on the Request for Council Action, there was a typo in the action
requested box. Change “thank his years of service and dedication to the City of Falcon Heights”
to “her years of service…”.
Council Member Wehyee, Approved 5-0
G: POLICY ITEMS:
1. Resignation of Administrative Coordinator Amanda Lor
City Administrator Thongvanh
Amanda has helped with our communication with social media, website, redesigning the
current e-newsletter and other marketing materials. Amanda has shown dedication in her
position with the City. Amanda has gone above and beyond the call of duty the last year and a
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half. We will miss her greatly and we wish her the best in her future endeavors with her new
career with Minnesota Department of Housing as their Digital Communication Specialist.
Council Member Miazga
Amanda will be missed. City should consider the option of not filling the position due to
ongoing circumstances.
Council Member Leehy
Council Member Leehy has had only positive interactions with Amanda in the time she has
been with our City and she will be missed.
Council Member Wehyee
Council Member Wehyee stated that Amanda was nice to work with and has helped him
navigate his new role on the City Council. She has left a great legacy that we hope to continue
on the Community Engagement Commission.
Mayor Gustafson
Amanda has been a pleasure to work with and will be missed.
Council Member Andrews
Agrees that Amanda has been a great addition to the City and will be missed.
Council Member Leehy, Approved 5-0
2. Job Description and Title Change from Administrative Coordinator to
Administrative and Communications Coordinator
City Administrator Thongvanh
This title change is based on a discussion with Amanda and the new demands that the position
has taken on. Over the years, the position has changed from part-time to full time. Additional
responsibility was added to the position including Community Engagement Commission and
communications (newsletter, e-news, website, street-sweeping notification, etc.).
Communication used to be 20% of this job description and that has now changed to 40% due to
the duties. This position is also engaged with event planning and stakeholders. The position has
not been posted yet due to the current situation and what the norm will be.
Council Member Leehy
One of the duties listed under communication is community outreach. Amanda ended up doing
more with the Community Engagement Commission. History has always been that staff has
always been assigned to a commission. Due to our Cultivating a Caring Community Initiative,
this has been increased. Is the statement community outreach sufficient? Should there be
additional info referencing the Community Engagement Commission duties. I trust the
judgement of Administrator Thongvanh.
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City Administrator Thongvanh
In the 2020 budget, there has been $10-$15,000 allocated to a Community Engagement Intern
position. This has been put on hold. The individual to fill the position being discussed would
temporarily fill the duties of the community engagement position.
Council Member Miazga
Not filling the Community Engagement Intern position right away will assist with the budget.
We also might not get people applying for the position right away.
Council Member Leehy
The times that we are in will create a different pool of people that are applying. Agreeing with
Miazga.
Mayor Gustafson
The unemployment rate right now may mean that there are people that are looking for
positions like we have to offer right now. Agree with Council Leehy that Administrator
Thongvanh would be the best person to determine the needs of the City, staffing and
Administration.
City Administrator Thongvanh
City Administrator Thongvanh has stated that he does not want to be in the predicament of
having more than one vacant position. City staff has divided the current duties of the vacant
position. Training a new person in the position wouldn’t be difficult as city operations are
continuing as normal (applications, permits, city code, etc.)
Council Member Wehyee
Punctuation- periods at the end of the bullet points
Mayor Gustafson
Should add “working knowledge” to the social media duties under communication
Council Member Miazga, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Andrews
• Positive feedback from the community during this time
Council Member Miazga
• The positive effort from the community making masks.
• Attended six foot dance at Falcon Heights UCC about two weeks ago.
• COVID-19 response in MN has been good.
• Recognition to the University of Minnesota for creating an on-site testing facility in
Minneapolis by converting two of their research buildings. One of the interdisciplinary
research teams has designed two respirator mask protypes from industry donations.
Another team has created a prototype for low-cost ventilators.
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Council Member Leehy
• There is a strong sense of community in Falcon Heights.
Council Member Wehyee
• The community has been doing a great job responding to the Census.
• The Metropolitan Council has been offering free services, rides and grocery delivery.
• Residents have practiced social distancing.
Mayor Gustafson
• Falcon Heights is a great community other though they are at home but still engaged.
• County Commissioner Trista MatasCastillo has offered her word to the City for
assistance.
• Ramsey County has many services for residents.
• COVID rate is lower than other populated counties.
• Sheriff’s Office has instituted the HELP Team during COVID response. Fifteen
individuals including the Sheriff’s wife as the coordinator. This team will connect people
with resources, pick up groceries, provide cloth masks, etc. This team is looking to
especially assist Senior Residents.
City Administrator Thongvanh
• Thank you to residents and Council Members for the support of City operations.
• Press releases have been sent out in regard to our parks and courts being closed. Trails
are open if residents adhere to social distancing.
• Governor has extended stay at home order until May 4th.
• In contact with other cities about teleconferencing and how they are handling the
executive orders given by the Governor.
• There has been a request for Conduit Bonding; usually request are connected to the City.
Conduit Bonding requires public hearings. Requests have been made by other cities on
how they can go about this during the current situation. League of Minnesota Cities and
CTV are also looking into this.
• Audit presentation will be conducted via web. Audit for revenue and expenditure
source went well according to Finance Director. Looking into a $300,000 increase in
General Fund from a mistake that was clarified. We also received $90-100,000 in revenue
for franchise fees with Xcel. Those are initially designated to be used as a capital (not
confirmed yet).
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. A PROCESS TO RECEIVE PUBLIC FEEDBACK IS BEING
CONSIDERED.
J. ADJOURNMENT: The meeting adjourned at 8:05 p.m.
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________________________________
Randy Gustafson, Mayor
Dated this 8th day of April, 2020
_________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 4/14/20 $190,462.16
Payroll through: 4/15/20 $21,441.72
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 April 22, 2020
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 Appointment of Karen Cooley-Kistler to the Community Engagement
Commission
Description
City Staff and the Chair for the Community Engagement Commission interviewed
Ms. Karen Cooley-Kistler for the Community Engagement Commission. Her
Commission application is below.
Date: 04/03/2020
Name: Karen Cooley-Kistler
In Which Capacity Would You Like to Serve? Community Engagement Commission
What is the Reason You Would Like to Serve? I am very much a community-minded
person. And after this Covid crisis, we will need strong, healing communities more
than ever! I was the co-Chair of the SAP Progressive Dinner for 10 years, and an
active member on that Committee for 23 years total. I volunteered at SAP Coop for 11
years every Wed, when they were a volunteer org. I have been a volunteer at Como
Conservatory for 15 years, on the Planning Committee for their annual February
Fundraiser Gala. I am also a very active member of Global MN (formerly MN
International Ctr.) for international hosting and Gala fundraiser planning, since 1979.
List Prior (Previous) Public Service: I have been working at MNORCH Hall since
1993, as a production assistant for famous guest musicians. I am working as a former
nurse and massage therapist at Holly House Center for Integrative Health Care since
1996, here in SAP. I was the Social Chair of University Grove in the early 2000’s for
two years.
Budget Impact N/A
Attachment(s) • Resolution 20-13 Appointment of Karen Cooley-Kistler to the
Community Engagement Commission
Action(s) Requested Staff recommends approval of attached resolution appointing Karen Cooley-
Kistler to the Community Engagement Commission.
Meeting Date April 22, 2020
Agenda Item Consent F2
Attachment Resolution
Submitted By Nalisha Nandkumar, Assistant to the
City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 22, 2020
No. 20-13 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING KAREN COOLEY-KISTLER TO THE COMMUNITY ENGAGEMENT COMMISSION WHEREAS, the City Council consolidated the Human Rights Commission with the Neighborhood Commission to establish the Community Engagement Commission in 2015; WHEREAS, The community engagement commission shall serve in an advisory capacity to the city council regarding the effective, meaningful and equal involvement of Falcon Heights residents in their community. The commission will identify opportunities to collaborate with community, educational,
business and social services groups and organizations; identify ways to improve the city’s public participation, identify under-represented groups, remove any barriers, and engage and promote increased participation for all residents, businesses, community and neighborhood organizations; review and
recommend ways to improve the city’s communications efforts so as to facilitate effective two-way communication between the city and all residents, businesses, community and neighborhood organizations; review and recommend ways to help improve resident emergency preparedness and crime
prevention programs. The commission shall review complaints of alleged human rights violations occurring within the city and secure equal opportunity for all residents of the city regarding public services, public accommodations, housing, employment and education. WHEREAS, City Staff, Commission Chair and the Mayor has interviewed Karen-Cooley Kistler and recommends appointment to the Falcon Heights Community Engagement Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment is approved and adopted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEYHEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Community Development Coordinator Justin Markon’s 18-Month Employee Step
Adjustment
Description
Justin Markon was appointed by the City Council on September 11, 2018 with a
start date of September 17th, 2018. Justin has completed 18 months with the City. It
is the practice of the City to reward after the 18month with a 5% step increase in
their base salary.
Justin has been great a great addition to the staff and continues to help meet the
high expectations of the residents of Falcon Heights.
Budget Impact There are available funds for this step adjustment.
Attachment(s) N/A
Action(s)
Requested
I recommend that the Falcon Heights City Council approve a 5% step adjustment
for Justin Markon effective March 17, 2020.
Meeting Date April 22, 2020
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 Wetland Conservation Act (WCA) Delegation to Capitol Region Watershed District
Description
In 1991, the State passed the Wetland Conservation Act (WCA). The intent of this
act is no net loss of wetlands within the State of Minnesota. This law is implemented
by a local governmental unit (LGU). The LGU can be the City, the watershed
district, the County, or even the Soil and Water Conservation districts. Currently,
Rice Creek Watershed District serves as the LGU for the portions of Falcon Heights
within their boundaries. The City still serves as the LGU for the portion of Falcon
Heights that falls within the Capitol Region Watershed District (CRWD). One of the
goals of the City’s Comprehensive Surface Water Management Plan (CSWMP) is to
transfer responsibility of WCA administration to CRWD.
A City Council Resolution is needed to transfer LGU authority and delegate the
WCA responsibilities to the CRWD. After adoption, a copy of the Resolution will be
sent to the CRWD for their Board approval. Once adopted, the City will no longer
serve as the LGU authority, and local watershed districts will serve as the LGU to
implement the WCA within the City limits. CRWD will record the transfer of
authority with the Minnesota Board of Water and Soil Resources.
As part of the Wetland Conservation Act, the LGU will follow a series of steps to
assure the “no net loss” criteria is met for development proposals impacting
wetland areas. The watershed responsibility as the LGU is to assure that proper
steps are taken and for whichever alternative is selected, that the process is carried
through in accordance with the WCA with the intent of preserving the wetland
acreage within the City of Falcon Heights.
Budget Impact N/A
Attachment(s) • Falcon Heights Watershed District map
• Wetland inventory map
• Resolution 20-14 Delegating WCA Authority
Action(s)
Requested
Staff recommend approval of attached resolution delegating Capitol Region
Watershed District as the Local Government Unit (LGU) administering the Wetland
Conservation Act (WCA) within the legal boundaries of the City of Falcon Heights,
Meeting Date April 22, 2020
Agenda Item Policy G1
Attachment See below
Submitted By Justin Markon, Community
Development Coordinator
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in accordance with Minnesota Rules, Chapter 8420.
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Prepared by:City of Roseville Engineering Department
Data Sources and Contacts:* Ramsey County GIS Base Map (12/02/13)* City of Roseville Engineering DepartmentFor further information regarding the contents of this map contact:City of Roseville, Engineering Department,2660 Civic Center Drive, Roseville MN
DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided.
´
0 400 800 1200 1600 Feet
Attachment A
March 30, 2020
mapdoc: Falcon Heights WCA Delegation v2.mxdmap: Falcon Heights WCA Delegation v2.pdf
Falcon HeightsWatershed Districts
Watershed District Boundary
City Boundary
Water
University of MN
State Fair
University of MinnesotaGolf Course
Community Park
CurtissField
University of MinnesotaGolf Course
Rice CreekWatersehed District
Capitol RegionWatersehed District
Rice CreekWatersehed District
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Falcon Heights NWI
U.S. Fish and Wildlife Service, National Standards and Support Team,wetlands_team@fws.gov
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
April 7, 2020
0 0.5 10.25 mi
0 0.8 1.60.4 km
1:29,134
This page was produced by the NWI mapperNational Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.
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EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE CITY OF FACLON HEIGHTS * * * * * * * * * * * * * * * * *
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, County of Ramsey, Minnesota was duly held on the 22nd day of April, 2020, at 7:00 p.m.
The following members were present: ___________ ; and the following were absent:
____________ Member ________ introduced the following resolution and moved its adoption:
RESOLUTION No. 20-14
A RESOLUTION REGARDING THE ADMINISTRATION OF THE MINNESOTA WETLAND CONSERVATION ACT WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation; and
WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in accordance with the rulemaking provisions of Minnesota Statutes, chapter 14, for the purpose of implementing WCA; and
WHEREAS, Minnesota Rules 8420.0200, Subpart 1, Item E allows a county, city, or town to delegate implementation of chapter 8420 and the act to another governmental entity by the passage of resolutions by both parties; and WHEREAS, both parties must provide notice to BWSR, the Department of Natural Resources,
and the Soil and Water Conservation District of the delegation, including a copy of the resolution and a description of the applicable geographic area, within 15 business days of adoption of the resolution. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights that:
The authority and administrative responsibility to implement WCA as the LGU within the legal boundaries of the City of Falcon Heights is delegated to Capital Region Watershed District as of April 22, 2020, in accordance with Minnesota Rules, Chapter 8420.
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Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEYHEE
STATE OF MINNESOTA )
) ss COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Administrator of the City of Falcon
Heights, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 22nd day of April, 2020, with the original thereof on file in my office.
WITNESS MY HAND officially as such Administrator this 22nd day of April, 2020.
Sack Thongvanh, City Administrator
(Seal)
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Accept DEED Grant for Amber Union Project
Description
In October 2019, the City Council approved a grant application with the Minnesota
Department of Employment and Economic Development for mediation work at the
Amber Union site (1667 Snelling Ave). In January 2020, the City was awarded
$151,774 for contamination cleanup efforts.
The grant work will be completed by Buhl GTA, the property owner, and because
of this, the City requires a sub-grant agreement between the City and Buhl GTA.
The DEED grant requires a 25% local match, which must be satisfied before grant
funds are disbursed. In the sub-grant agreement, the City requires documentation
that the local match has been paid by Buhl GTA prior to any request being sent to
DEED. The City is the required grant administrator but the project is being overseen
by Buhl GTA. Therefore, the City is acting as a pass-through for grant funds, with
proper oversight provided that the project is adhering to the grant and sub-grant
agreements.
Budget Impact N/A
Attachment(s) • Grant award letter
• Grant agreement
• Sub-grant agreement
Action(s)
Requested
Staff recommend approving the grant agreement between the City and DEED, the
sub-grant agreement between the City and Buhl GTA, and authorizing the City
Administrator to execute all necessary documents.
Meeting Date April 22, 2020
Agenda Item Policy G2
Attachment See below
Submitted By Justin Markon, Community
Development Coordinator
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STATE OF MINNESOTA
GRANT CONTRACT
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
Contamination Cleanup Grant Contract
Grant No: CCGP-19-0032-Z-FY20
Amber Union Project
This grant contract is between the State of Minnesota, acting through the Department of Employment and
Economic Development, Business and Community Development Division, (State) and the City of Falcon Heights (Grantee).
Recitals
1. Under Minn. Stat. § 116J.554 the State is empowered to enter into this grant.
2.The State is in need of programs to do the following: reduce the potential threat of harmful contaminants to
the public’s health and the environment; to create new jobs and increase the tax base; and provide other
public benefits by redeveloping polluted and unproductive sites.3.The Grantee represents that it is duly qualified and agrees to perform all services described in this grantcontract to the satisfaction of the State.
Grant Contract
1 Term of Grant Contract 1.1 Effective date: January 7, 2020, or the date the State obtains all required signatures under Minn. Stat.
§16B.98, subd. 5, whichever is later. Pursuant to Minn. Stat. § 16B.98, subd. 7, no payments will be
made to the Grantee until this grant contract is fully executed.
1.2 Expiration date: December 31, 2022, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8. Liability; 9. Accounting; 10. Government Data Practices and Intellectual Property; 12. Publicityand Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; 16. Reporting;18.Conflict of Interest; 19. Minnesota Business Subsidy Law; and 20. State and Federal
Environmental Standards.
2 Grantee’s Duties 2.1 Duties, Deliverables, and Completion Dates. The Grantee, who is not a state employee, will perform the following duties and provide the deliverables as outlined below.
(a)Administer these grant funds in accordance with Minn. Stat. §§ 116J.551 – 116J.559 and the
application submitted on November 1, 2019 for funding for the Amber Union Project, which isincorporated into this grant agreement and the provisions of this grant agreement. Any
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modification made to the approved application must be approved by the State.
(b) Promptly notify the State of any proposed material change in the scope of the project as submitted
in the grant application, budget as defined in Section 4.1(a) below, or entire project’s completion date, which must be approved by the State, prior to implementation.
(c) Provide evidence to the State prior to the closeout of the grant that the cleanup and/or investigation
has been completed and approved by the Minnesota Pollution Control Agency.
(d) It is expected that the site will be redeveloped as proposed in the grant application and upon which
funding was based. Any material change in the development plans for the site must be presented
to the State and approved.
(e) Adhere to all other requirements of this grant agreement.
2.2 Provisions for Contracts and Sub-grants. (a) Contract Provisions. The Grantee must include in any contract and sub-grant, in addition to
provisions that define a sound and complete agreement, such provisions that require contractors
and sub-grantees to comply with applicable state and federal laws. Along with such provisions, the Grantee must require that contractors performing work covered by this grant be in compliance
with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and
Emergency Response Standards (29 CFR 1910.120 and 29 CFR 1926.65).
(b) Ineligible Use of Grant Funds. The dollars awarded under this grant agreement are grant funds and shall only be used by Grantee or awarded by Grantee to third parties as grant funds and cannot
take the form of a loan under any circumstance. Grantee shall not use, treat, or convert the grant
funds into an interest-bearing loan, a non-interest-bearing loan, a deferred loan, a forgivable
deferred loan, or any other type of loan. Further, Grantee shall include in any contract or sub-grant
awarding the grant funds to a third party all the provisions and requirements of this grant agreement, including the requirement that these dollars are grant funds only and cannot be used,
treated, or converted into any type of loan.
(c) Job Listing Agreements. Minn. Stat. § 116L.66, subd.1, requires a business or private enterprise
to list any vacant or new positions with the state workforce center if it receives $200,000 or more a year in grants from the State. If applicable, the business or private enterprise shall list any job
vacancy in its personnel complement with MinnesotaWorks.net at www.minnesotaworks.net as
soon as it occurs.
(d) Payment of Contractors and Subcontractors. The Grantee must ensure that all contractors and subcontractors performing work covered by this grant are paid for their work that is satisfactorily
completed.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant, time is of the essence.
4 Consideration and Payment
4.1 Consideration. State will pay the Grantee under this grant contract as follows:
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(a) Project Costs. The following table represents the total Project Costs.
Activities Amount
Investigation and RAP Development $56,168
Contaminated Soil Disposal $17,500
Vapor Mitigation $80,000
RAP Implementation, Oversight, and Reporting $48,700
TOTAL $202,368
(b) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $151,774.
In accordance with Minn. Stat. § 116J.554, subd. 1, the grant may pay for up to 75 percent of the
project costs for a qualifying site. This requires a local match of at least 25 percent. For the purpose of this project, the local match portion is $50,594. Of the total match requirement, 12 percent of the cleanup costs as defined in Minn. Stat. § 116J.552, subd. 2 must come from the municipality’s
general fund, a property tax levy for that purpose, or other unrestricted money available to the
municipality. The rest of the local match may be paid with tax increments, regional, state, or federal
money available for the redevelopment of brownfields or any other money available to the municipality.
(c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily
incurred by the Grantee as a result of this grant contract are considered administrative in nature
and not permitted. This does not include costs for contractors to complete the activities listed in Section 4.1(a), which may be considered eligible at the discretion of the State.
4.2. Payment
(a) Invoices. The State will disburse funds to the Grantee pursuant to this Contract, based upon
payment requests submitted by the Grantee and reviewed and approved by the State. Payment requests must be accompanied by supporting invoices that relate to the activities in the approved budget. The amount of grant funds requested by the Grantee cannot exceed seventy five percent
(75%) of the total approved project costs incurred by the Grantee as supported by invoices. The
State will provide payment request forms.
Invoices may be submitted on a monthly basis; however, at a minimum, an invoice for an award shall be submitted by the grantee for expenses incurred 25 days after the end date of the state fiscal
year of June 30th. In order to ensure that all funds are drawn prior to the expiration date of the
grant, all payment requests must be received at least 30 days prior to the grant-term expiration
date. (b) Eligible Costs. Eligible costs include the costs identified in the Section 4.1(a) of this Contract that
are incurred during the contract period. The Grantee may not use these funds to provide loans to
other entities or for administrative costs associated with managing the project this grant is funding.
Pursuant to Minn. Stat. § 116J.552, subd. 2, costs of implementing the response action plan (RAP) incurred before the grant award date may be eligible at the discretion of the State, if the costs were completed after the RAP was approved by the Minnesota Pollution Control Agency and the RAP
was approved within 180 days of the application deadline. Costs incurred for the development of
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a RAP incurred prior to grant award may be considered eligible at the discretion of the State. Any
reimbursement made for services provided prior to the effective date of the grant will be governed
by the terms of the grant.
(c) Program Income. Program income generated from grant-funded activities on hand at the end of
the grant period must be returned to the State unless the State has approved a re-use of the income.
4.3 Contracting and Bidding Requirements. Grantees that are municipalities must comply with Minn.
Stat. § 471.345 if they are contracting funds from this grant agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair, or maintenance of real or
personal property.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all
applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive
payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local
law.
6 Authorized Representative The State’s Authorized Representative is Ryan Bloomberg, Grants Specialist, 332 Minnesota Street, Suite
E200, St. Paul, MN 55101, 651-259-7452, ryan.bloomberg@state.mn.us, or his/her successor, and has the
responsibility to monitor the Grantee’s performance and the authority to accept the services provided under
this grant contract. If the services are satisfactory, the State’s Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is Justin Markon, Community Development Coordinator, 2077
Larpenteur Avenue West, Falcon Heights, MN 55113, 651-792-7613, Justin.markon@falconheights.org. If
the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant
contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments.
(a) Amendments. Any amendments to this grant contract, with the exception of Grant
Adjustment Notices (GANs), 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 grant contract, or their successors in office.
(b) Grant Adjustment Notices (GANs). GANs must be approved by the State in writing
and require a written change request by the Grantee. A GAN may be used for the purposes of transferring budget amounts between line items that do not change the
contract value, or other grant status activity. All other changes require a formal
amendment as stated in paragraph 7.2(a).
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7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure
does not waive the provision or the State’s right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant
contract, whether written or oral, may be used to bind either party.
8 Liability
Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of
action, including attorney’s fees incurred by the State, arising from the performance of this
grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its
obligations under this grant contract. 9 Accounting Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and
accounting procedures and practices of the Grantee or other party relevant to this grant
agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant
agreement, receipt and approval of all final reports, or the required period of time to satisfy
all state and program retention requirements, whichever is later.
The Grantee shall maintain adequate financial records consistent with generally accepted accounting principles. The Grantee shall submit accounting system records that track the use
of grant proceeds and all matching funds by eligible Project Costs for each year in which
grant disbursement and expenditures were made. The records shall reflect both expenditures
and revenues and shall be submitted after all grant proceeds and matching funds have been
expended or at the State’s request.
10 Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided
by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant
contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions
concerning the release of the data to the requesting party before the data is released.
The Grantee’s response to the request shall comply with applicable law.
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10.2 Intellectual Property Representations. The Grantee represents and warrants that
Grantee’s intellectual property used in the performance of this Contract does not and
will not infringe upon any intellectual property rights of other persons or entities.
Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from
any action or claim brought against the State to the extent that it is based on a claim
that all or part of Grantee’s intellectual property used in the performance of this
Contract infringe upon the intellectual property rights of others. The Grantee will be
responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action
arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at
the State’s discretion, either procure for the State the right or license to use the
intellectual property rights at issue or replace or modify the allegedly infringing
intellectual property as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies
provided by law.
11 Workers’ Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not
be considered State employees. Any claims that may arise under the Minnesota Workers’
Compensation Act on behalf of these employees and any claims made by any third party as
a consequence of any act or omission on the part of these employees are in no way the State’s
obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify
the State as the sponsoring agency. For purposes of this provision, publicity includes
notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting
from this grant contract. For DEED logos and formatting, please contact Laura Winge
at 651-259-7173 or laura.winge@state.mn.us.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or
services.
13 Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-
law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
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14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with
or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the
Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Cause. The State may immediately terminate this grant contract if the
State finds that there has been a failure to comply with the provisions of this grant
contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. To validate that reasonable
progress has been made, a Payment Request, as outlined in Section 4.2 must be
submitted to the State before December 31, 2020 or such a later date requested by the
Grantee and approved by the State, or the State’s obligation to fund the Grant may be
terminated. These invoices must be for eligible cleanup costs and does not include investigation costs incurred prior to the grant award. The State may take action to
protect the interests of the State of Minnesota, including the refusal to disburse
additional funds and requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if:
(a)It does not obtain funding from the Minnesota Legislature; or,
(b)If funding cannot be continued at a level sufficient to allow for the payment of the
services covered here. Termination must be by written or fax notice to the Grantee.The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed to the extent
that funds are available. The State will not be assessed any penalty if the contract
is terminated because of the decision of the Minnesota Legislature, or other fundingsource, not to appropriate funds. The State must provide the Grantee notice of the
lack of funding within a reasonable time of the State’s receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or
Minnesota tax identification number, already provided to the State, to federal and state tax
agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
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Other Provisions
16 Reporting
Grantee must submit to the State annual reports on the use of funds and the progress of the Project covering July 1st through June 30th of each year. The reports must be received by the
State no later than July 25th of each year. The reports must identify specific Project goals
listed in the application and quantitatively and qualitatively measure the progress of such
goals. Grant payments shall not be made on grants, or subsequent grant awards made to the
grantee, with past due progress reports. In addition, the Grantee shall submit a final report. The State will provide reporting forms.
17 Debarment and Suspension Certification
The Grantee agrees to follow the President's Executive Order 12549 and the implementing
regulation “Non-procurement Debarment and Suspension: Notice and Final Rule and Interim Final Rule,” found at 53 FR 19189, May 26, 1988, as amended at 60 FR 33041, June 26,
1995, including Appendix B, “Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion – Lower Tier Covered Transactions;” unless excluded by law or
regulation.
18 Conflict of Interest The State will take steps to prevent individual and organizational conflicts of interest in
reference to Grantees per Minn. Stat. § 16B.98 and Department of Administration, Office of
Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-
Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it.
In cases where a perceived, potential, or actual individual or organizational conflict of
interest is suspected, disclosed, or discovered by the Grantee throughout the life of the grant
agreement, they must immediately notify the State for appropriate action steps to be taken, as defined above.
19 Minnesota Business Subsidy Law
The Grantee must comply, if appropriate, with the Minnesota Business Subsidy Law, Minn.
Stat. §§ 116J.993 – 116J.995.
20 State and Federal Environmental Standards The Grantee must provide evidence that work performed under this grant complies with state
and federal environmental standards. An approval from the Minnesota Pollution Control
Agency or other appropriate state or federal agency is required upon completion of the cleanup activities.
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The State and Grantee acknowledge their assent to this agreement and agree to be bound by its terms
through their signatures entered below.
GRANTEE: I have read and I agree to all
of the above provisions of this agreement and certify that
the appropriate person(s) have executed the contract on
behalf of the Grantee.
By ________________________________________ (Name)
Mayor ______________________________________
Date _______________________________________
And
By_________________________________________ (Name)
Clerk ______________________________________
Date _______________________________________
STATE OF MINNESOTA by and through the Department of Employment
and Economic Development
By _____________________________________
Deputy Commissioner
Date ___________________________________
ENCUMBERED:
Department of Employment and Economic Development
By _____________________________________
(Name)
Date Encumbered _________________________
(Individual signing certified that funds have been
encumbered as required by Minnesota Statutes 16A.15 and 16C.05)
02/05/2020
PR 52008 SC 172304 PO 3000398222
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DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
SUB-GRANT CONTRACT
This Sub-Grant Contract (the “Contract”) is entered into on this ______ day of ___________,
2020, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (hereinafter referred to as the “Sub-Grantor”) and BUHL GTA, LP, a Minnesota limited partnership (hereinafter referred to as the “Sub-Grantee”).
RECITALS
WHEREAS, the State of Minnesota, acting through the Department of Employment and Economic Development, Business and Community Development Division (hereinafter referred to as the “Grantor”) and the Sub-Grantor have entered into a Contamination Cleanup Grant Contract, Grant
No. CCGP-19-0032-Z-FY20 for the Amber Union Project (hereinafter “Grant Contract”); and
WHEREAS, the Sub-Grantee is the fee owner of 1667 Snelling Ave. North in Falcon Heights Minnesota (hereinafter referred to as “Project Location”); and
WHEREAS, the Sub-Grantor worked in conjunction with the Sub-Grantee to prepare and
submit a successful grant application for the Amber Union Project; and WHEREAS, the Sub-Grantor and Sub-Grantee are entering into this Sub-Grant Contract to fund part of the cost of abatement of contaminants.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, Sub-Grantor and Sub-Grantee do hereby agree as follows: 1. SATISFACTION OF GRANT CONTRACT. Sub-Grantee agrees to be bound by
and to comply with the terms and requirements of the Grant Contract. Sub-Grantee also agrees to be
responsible for any penalties due for failure to comply with the Grant Contract. The Grant Contract is incorporated herein by reference. If there are any inconsistencies or conflicts between this Sub-Grant Contract and the Grant Contract, the terms of the Grant Contract shall control.
2. ASSIGNMENT OF GRANT. If the Sub-Grantor receives the funds from the
Grantor, the Sub-Grantor grants to the Sub-Grantee an amount not to exceed One Hundred Fifty One Thousand Seven Hundred Seventy Four Dollars ($151,774) for Cleanup Costs for the abatement of contaminants.
3. PAYMENT. After the Project Costs, as set forth in the Grant Agreement, have been
paid by the Sub-Grantee, the Sub-Grantor will disburse grant funds in response to a written payment request submitted by the Sub-Grantee and reviewed and approved by the Sub-Grantor’s authorized agent. Sub-Grantor’s obligation to disburse funds to the Sub-Grantee is contingent upon receipt by the Sub-Grantor of the funds from the Grantor. The Sub-Grantee must provide with its written
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payment request documentation that shows grant-funded Project activities have actually been
completed. Subject to verification and approval for consistency with this Sub-Grant Contract, the
Sub-Grantor will disburse a requested amount to the Sub-Grantee within sixty (60) days after receipt of funds from the Grantor. The Sub-Grantee must provide with its written payment request documentation that the required $50,594 local match has been paid by Sub-Grantee.
4. REPORTING. The Sub-Grantee will submit information and updates required by the
Grant Contract at least fourteen (14) days prior to the required submission date. The Sub-Grantor will review these materials and submit to the Grantor. 5. MISCELLANEOUS.
a. Authorized Representatives. The Sub-Grantor’s Authorized Representative is:
Sack Thongvanh, City Administrator
Falcon Heights City Hall 2077 Larpenteur Avenue West Falcon Heights, MN 55113
The Sub-Grantee’s Authorized Representative is:
Peter Deanovic Buhl GTA, LP 5100 Eden Avenue, Suite 317
Edina, MN 55436
b. Assignment. Sub-Grantee may neither assign nor transfer any rights or obligations under this Sub-Grant Contract without the prior consent of the Sub-Grantor and a fully executed Assignment Contract, executed and approved by the same parties who
executed and approved this Sub-Grant Contract, or their successors in office.
c. Amendments. Any amendment to this Sub-Grant Contract 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 Contract, or their successors in office.
d. Waiver. If the Sub-Grantor fails to enforce any provision of this Sub-Grant Contract, that failure does not result in a waiver of the right to enforce the same or another provision of the Contract in the future.
e. Liability and Indemnification. Sub-Grantee will indemnify, save, and hold the Sub-
Grantor, its agents, and employees, harmless from any claims or causes of action, including attorney’s fees incurred by the Sub-Grantor arising from the performance of this Sub-Grant Contract by Sub-Grantee or Sub-Grantee’s agents or employees. This clause will not be construed to bar any legal remedies Sub-Grantee may have for the
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Sub-Grantor’s failure to fulfill its obligations under this Contract. Sub-Grantee shall
maintain such books and records as will satisfactorily demonstrate to Federal, State,
Grantor’s and Sub-Grantor’s Auditors that Sub-Grantee has used the grant funds in accordance with the Grant Contract and this Sub-Grant Contract. f. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee’s books, records,
documents, and accounting procedures and practices relevant to this Contract are
subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Sub-Grant Contract. g. Government Data Practices. Sub-Grantee and Sub-Grantor must comply with the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data
provided by Sub-Grantee under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Sub-Grantee under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Sub-Grantee or the Sub-Grantor. If Sub-Grantee
receives a request to release the data referred to in this clause, Sub-Grantee must
immediately notify the Sub-Grantor. The Sub-Grantor will give Sub-Grantee instructions concerning the release of the data to the requesting party before the data is released.
h. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its
choice-of-law provisions, governs this Sub-Grant Contract. Venue for all legal proceedings out of this Sub-Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
i. Termination for Insufficient Funding. The Sub-Grantor may immediately terminate
this Sub-Grant Contract if it does not obtain funding from the Grantor or if funding cannot be continued at a level sufficient to allow for the payment of the cleanup costs. Termination must be by written or fax notice to Sub-Grantee. The Sub-Grantor is not obligated to pay for any costs incurred after notice and effective date of termination.
However, Sub-Grantee will be entitled to payment, determined on a pro rata basis, for
costs incurred up to the date of termination to the extent that funds are available. [Remainder of Page Intentionally Left Blank.]
[Signatory Page to Follow.]
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SIGNATORY PAGE TO SUB-GRANT CONTRACT
Dated: , 2020. CITY OF FALCON HEIGHTS
BY: Randy Gustafson, Its Mayor
AND Sack Thongvanh, Its City Administrator
Dated:_________________ 2020. BUHL GTA, LP
By: Buhl GTA GP, LLC, a Minesota limited liability
company Its: General Partner By: Buhl Value Fund II Manager, LLC, a Delaware
limited liability company
Its: Manager By: Buhl Investors, LLC, a Minnesota limited liability company
Its: Manager
BY: Peter Deanovic, Chief Manager
19016717v1
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