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HomeMy WebLinkAboutCity Council Packet_5-10-17CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 10, 2017 at 7:00 P.M. A.CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___ FISCHER ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C.PRESENTATIONS: 1. Year End 2016 Annual Audit Report D. APPROVAL OF MINUTES: 1.April 12, 2017 City Council Meeting Minutes E.PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 4/07/17 $121,643.08 Payroll through: 4/30/17 $38,753.37 2. Donations for 2017 Parks Program Fund G: POLICY ITEMS: 1.Conduit Bond – St. Paul Academy 2.Approve Pay Request #1 to Valley Paving, Inc. for the 2017 Pavement Management Project 3.MnDOT Highway 51/Snelling Avenue Project – Sidewalks from Hoyt Avenue to Larpenteur Avenue 4. Division Request - Falcon Heights Church-United Church of Christ H.INFORMATION/ANNOUNCEMENTS: 1.Weekly Police Reports – Can Now Be Found At: http://www.falconheights.org/index.asp?SEC=75B3E8BB-785B-4048-B543- 995BAE0716A5&Type=B_BASIC I. COMMUNITY FORUM: J.ADJOURNMENT: BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Year End 2016 Annual Audit Report Description Matt Meyer of KDV will present the Comprehensive Annual Financial Report for the Year Ended December 31, 2016. The Financial Report is a complex document that includes evaluation and analysis of the financial stability of the City as it relates to General Fund, Capital Funds, Proprietary Funds, and Debt Service Funds. Mr. Meyer will provide a high level overview of the financial stability of the City for year-end 2016. Communication Letter http://www.falconheights.org/vertical/Sites/%7BA88B3088-FA03-4D5D- 9D04-CCC9EF496399%7D/uploads/Falcon_Heights_2016_CL_-_Final.pdf Compliance Report http://www.falconheights.org/vertical/Sites/%7BA88B3088-FA03-4D5D- 9D04-CCC9EF496399%7D/uploads/Falcon_Heights_2016_LC_-_Final.pdf Comprehensive Annual Financial Report (CAFR) 2016 http://www.falconheights.org/vertical/Sites/%7BA88B3088-FA03-4D5D- 9D04-CCC9EF496399%7D/uploads/2016_CAFR.pdf Budget Impact N/A Attachment(s) • Communication Letter • Compliance Report • Comprehensive Annual Financial Report (CAFR) 2016 Action(s) Requested Motion to accept and approve the Year End 2016 Annual Audit Report Meeting Date May 10, 2017 Agenda Item Presentations C1 Attachment CAFR Documents Submitted By Sack Thongvanh, City Administrator 1 of 110 BLANK PAGE  2 of 110 City of Falcon Heights Audit Presentation May 10, 2017 3 of 110 Independent Auditor’s Report •Management is responsible for the financial statements •Auditor is responsible to express an opinion on the financial statements •Unmodified Opinion – best opinion an auditor is able to offer •Provides assurance that the financial statements are fairly presented in all material respects •Legal Compliance Audit – No findings 1 4 of 110 •Revenues budgeted at $1.92 million •Expenditures budgeted at $1.90 million •Net Transfers Out budgeted at $22 thousand •No Change in Fund Balance 2General Fund -Budget to Actual 5 of 110 •Actual Revenues were $ 1.97 million -$ 42 thousand over budget –Tax revenue, licenses & permits, and miscellaneous revenue all contributing •Actual Expenditures were $ 1.79 million -$ 116 thousand less than budgeted –all functions came in under budget •Transfer made as budgeted •Fund Balance Increased $ 158 thousand to $ 1.75 million 3General Fund –Budget to Actual 6 of 110 4General Fund Balance 7 of 110 5General Fund 8 of 110 6General Fund Revenues 9 of 110 7General Fund Revenues -Budget and Actual 10 of 110 8General Fund Revenues 11 of 110 9General Fund Revenues 12 of 110 10General Fund Expenditures 13 of 110 11General Fund Expenditures -Budget and Actual 14 of 110 12General Fund Expenditures 15 of 110 13General Fund Expenditures 16 of 110 14Sanitary Sewer Fund 17 of 110 15Storm Drainage Fund 18 of 110 Questions Matthew Mayer (952) 563-6873 Thank you! 16 19 of 110 BLANK PAGE  20 of 110 1 | Page CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES April 12, 2017 at 7:00 P.M. A. CALL TO ORDER: 7:00 pm B. ROLL CALL: LINDSTROM _X__ HARRIS ____ BROWN THUNDER _X__ FISCHER _X__ GUSTAFSON_X__ STAFF PRESENT: THONGVANH__X__ C. PRESENTATIONS: 1. Annual Police Report Chief Mangseth presented the annual police report. Safety through service is a theme that has been a part of their service for years. Since 1930, the FBI has administered the uniform crime reporting system. It compiles stats on part 1 and 2 crimes. Part 1 crimes are the most serious crimes. Theft continues to be the most prevalent part one crime. Part 2 crimes are less serious, and initiated by officer initiated activity. SAPD has looked for an implemented ways for better data collection and reporting. This will include all stops made. In addition, they have started to collect data on race. A primary goal is to identify and enhance ways to collect, analyze and report data in order to enhance police transparency. In 2016 there were 2,989 calls for service. Calls for service include not just radio calls, but calls initiated by officers upon coming across an issue or problem in the community. There have been 1,344 citations issued for moving violations, 303 citations for non-moving violations, 539 arrests, 3 retirements, and 3 new hires. There were 192 criminal cases and 101 of those cases were cleared. The department completed 1523 training hours. There are added educational requirements: such as recognizing and valuing diversity, cultural differences, conflict management and mediation, and mental health. They have designated an officer to be certified in Crisis Intervention Training, and they are planning to utilize a train the trainer model for the entire department. This officer is also a trained crisis, hostage negotiator with the multiagency SWAT team. Since 2011, SAPD has hired nonwhite candidates at a rate of 50%. They also have Police Reserves who have put in a total of 2,220 hours in 2016. Some of the Community Engagement efforts that SAPD has participated in are MN Night to Unite, Cops vs. Kids basketball, Summer Survival School, Coffee with a Cop, Safe Routes to School, Touch a Truck, and attend many school and community events. Council Member Brown Thunder: Were the last three hires nonwhite? Does that hiring priority also apply to upper management? Chief Mangseth: One of those three hires is multiracial. Yes, but they ultimately need to be able to retain officers in a long-term capacity to have those opportunities for advancement. 21 of 110 2 | Page Council Member Gustafson: Chief Ohl talked about a mentoring program in previous years. Have you been continuing that? Chief Mangseth: Yes, they all recognize the importance of the mentoring program. They engage folks at Century College and Metropolitan State. Although, they are often recruited as Reserve Officers, they sometimes leave when a full-time, paid opportunity comes up. Council Member Fischer: In May some of the officers went to de-escalation training. How many hours is the training, and how many officers attend? Chief Mangseth: De-escalation training comes in many forms: annual use of force training, scenario-based training, and the de-escalation trainings. It is in their plan to keep expanding on that training and building on that training. Council Member Fischer: Four officers participate in a SWAT team. What is the need for that in Falcon Heights? Chief Mangseth: When a crisis arises, it is useful in hostage situations and when needing negation skills. Mayor Lindstrom: Is there any specific training on procedural justice? Chief Mangseth: This happens on an administrative and supervisory level in terms of ethics and integrity training. Officers also attend different trainings where police accountability and ethics are discussed. SAPD will be incorporating the Fair and Impartial Policing training for all officers in the fall. Council Member Fischer: Can the collection of race data be included in the weekly reports to Council? Chief Mangseth: They are capable of reporting data and storing it in their records management system, but the problem they are encountering is that they have not been able to extract that data in a readable form. They are working with their vendor on that. Mayor Lindstrom: He has recently been made aware of the ‘lights on’ initiative that Roseville is doing. Officers carry coupons for repairs on broken taillights. He hopes that we keep close tabs on how that program goes, because it seems like it would help. Chief Mangseth: He has been in conversations with a person that is a part of this organization. The specific issue the policy makers in St. Anthony wanted to stay clear of is having a partnership with a for-profit organization. Some of the questions that came up were how 22 of 110 3 | Page many coupons the police department would receive, would they need to collect data on who they handed the coupons out to, and if there is only a limited number of coupons how do you decide who receives them. Chief Mangseth: In his experience, when someone is pulled over for a headlight or taillight being out, they are issued a warning. Mayor Lindstrom: St. Anthony is participating in the Government Alliance for Race and Equity. Are you or any member of the police department a part of that team? Chief Mangseth: No, there are staff throughout the city that are part of that. One of the officers is part of a committee that discusses trainings to be hosted by the St. Anthony for its employees. Mayor Lindstrom: Is it anticipated that the recommendations from COPS program will come out around August/September? Chief Mangseth: The DOJ will be back on the week of May 1 for three days. Following this next visit, they will begin the assessment process and developing recommendations. He hasn’t received any hard dates yet. Council Member Brown Thunder: Have they been providing you with any data recommendations? Chief Mangseth: They have been providing them with technical assistance and peer mentoring. They have provided technical assistance in regards to the role out of their social media platform and policy. They also recommended the fair and impartial policing training. Mayor Lindstrom: He wants to confirm that their policy is still that officers do not inquire about people’s immigration status. Chief Mangseth: Officers do not inquire about immigration status. Their primary focus is serving their community and the victims of crime, speaking to witnesses, and making arrests where they legally can make arrests. Mayor Lindstrom: The Task Force is narrowing in on a couple of recommendations, and he wanted to run them by him to get some feedback or initial reactions. One recommendation might be a survey. Roseville issues a postcard/mailer to people that their police officers have had interactions within a couple of weeks of being pulled over. One of the questions being, “do you feel like you were treated fairly?” 23 of 110 4 | Page Chief Mangseth: The City of St. Anthony has engaged in surveys like that before. He believes that a survey that provides them information on how they are performing cannot hurt. Mayor Lindstrom: One idea is to have a certain set of officers designated as Falcon Heights officers. This would be their primary location, but they would not be excluded from policing the other cities. Chief Mangseth: Every officer that has been hired on the police department is a Falcon Heights officer. Working in all three communities makes the officers well-rounded. Mayor Lindstrom: Another idea is when someone has an interaction with a police officer. The police officer would give the individual a business card with the officers name and general information on how to get in contact with the SAPD. General information on how to file a complaint or compliment. Chief Mangseth: All of the officers that are on the police department have business cards and have their email address on the back. They carry those cards around, and upon demand they do provide those to individuals. They also carry blue cards in the squad cards. On there they write down the case number, the officer’s names, date, time, and on the back there are referral phone numbers. Mayor Lindstrom: In reference to the amount of citations given, what was the reason for the increase? Chief Mangseth: That decrease of 32% in citations is due to calls for service not only encompass those radio calls, but they also encompass traffic and parking citations. Parking citations were fairly stable. Mayor Lindstrom: One of the things that gave him cause for concern was the Guardian Warrior training. It was conveyed to him that it was a get them before they get you approach, not a guardian mentality. Could you address that? Chief Mangseth: A small number of officers attended that training. The training emphasizes a shepherd, a watch dog, mentality in the community. He admits that he has attended that training and it was predominately geared towards describing a police officer as a guardian of the flock. Resident: What would happen in the future if your funding drops to a level that you have to reduce staff? Do you lose an officer if they are the last in? The second concern is how does it work to have the supervision of both Councils and how to they mesh together? 24 of 110 5 | Page Chief Mangseth: He takes his orders and direction from the St. Anthony Council, but he does listen to the City Administrator here in Falcon Heights. They have conversations and he gets input from the Council. As far as the officers that were recently hired, he will take orders from the policy makers when decisions need to be made about reduction in force. For more answers on the police union contract, a data request can be made with St. Anthony. Sarah Chambers- Folwell Ave: The citations data is not broken down into specifics. Do you have a sense of what those citations were for? Of the 539 arrests, what kinds of citations particularly related to traffic result in arrest? What is an example of a violation that results in a non-custodial arrest? Chief Mangseth: There are different levels of crimes in relation to traffic. Misdemeanors for the most part result in an arrest but typically not an in-custody arrest where someone is brought to jail and booked. Criminal charge or felony level would require a custodial arrest and a transport to jail. In regards to the breakdowns for traffic, there are citations for moving violations, equipment violations, etc. Please provide a data request so SAPD can run those totals. A warning is not logged as a citation since no ticket is issued. Non-custodial arrest is due to a citation for driving after revocation/suspension/cancellation, no insurance, and open bottle. Sarah Chambers- Folwell Ave: If the City Administrator is getting the break downs of the traffic stops, it would be great to have those online with the weekly reports. Nathanael Galick- St. Paul Resident: How many medical calls in 2016? Chief Mangseth: 254 medical calls Nathanael Galick- St. Paul Resident: What kind of qualifications do the officers have? Why didn’t the officers provide first aid to Philando Castile after he was shot? Do your officers have a legal and moral obligation to help any citizen that is in need of medical assistance? Are you aware under the color of the law that there are legal obligations to provide first aid? Is officer Yanez back on duty? Also, what is the internal process of the case? Chief Mangseth: All officers are certified first responders. He will not be making any comments on the case involving Philando Castile. There are state statutes and policies covering that, and he can supply those. Yes, he is aware. Officer Yanez is not back on duty. Standard operating procedures is that the criminal proceeding would have to run its course before the city is able to engage in conducting an overview. There is also pending civil litigation that would have to be taken into consideration. 25 of 110 6 | Page Nathanael Galick- St. Paul Resident: What obligation and responsibility do you have to respond to Falcon Heights’ Council and staff concerns if you take your orders from St. Anthony? Would their suggestions be taken at the same level of input? Chief Mangseth: Standard operating procedure is that the St. Anthony Manager has given permission to the Police Chief to have discussions with the Falcon Heights City Administrator to talk about issues or concerns. The open lines of communication are there. Dan Johnson-Powers- 1974 Tatum St: He was pulled over long ago on Larpenteur and got a warning for not having a license on him and speeding. His experience made him want to slow down since that was the expectation that was set from the officer. Jane McNintch: You mentioned that you are now collecting race data. Do you collect information on use of force? Can you give a couple of examples of how you are using the data to lead the department. She is very concerned about the informal accountability that was described regarding conversations with the City Administrator to receive feedback. Chief Mangseth: Race data has been collected since 2011, but as of fall of 2016, that is now being collected on all stops including warnings. There is data collected on use of force and that is detailed in a narrative on the report. Currently, the DOJ is helping the department with organization and providing context to the data. Beth Mercer-Taylor- 2231 Folwell Ave: She wishes these conversations had happened sooner, and she appreciates that officers have made it to the community meetings that have been held. Paul Schnell, Maplewood Police Chief, has a social work background and has done a write up called, “Can Social Workers Change Policing?” It was printed on January 4, 2017 in a Saint Thomas University publication. He believes if more social work training was incorporated into police officer training, officers would have better relationships with the people they serve and better outcomes in potentially violent situations. She recommends reading it, and she believes that what the community wants is to give voice to the past and current injustices. They want to see a change in policing for the entire state. Tyrone Tyrell: Nathanael Galick- St. Paul Resident: The shepherd and sheep analogy of protecting from the wolves bothers him, as a former so called wolf. It seems that residents are bothered by that training. How would that feedback be handled? Have there been any arrests that resulted from protestors or property damaged? Chief Mangseth: He is more than happy to sit down with the City Administrator and discuss what training classes to focus on. No arrests were made. He is not aware of any property 26 of 110 7 | Page being damaged. He commends those that peacefully protest. As an officer, he doesn’t believe in demonstrators in the middle of streets and blocking traffic as it is a public safety concern. D. APPROVAL OF MINUTES: 1. March 22, 2017 City Council Meeting Minutes Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 4/04/17 $141,108.46 Payroll through: 3/31/17 $19,122.09 2. Donation for 2017 Parks Program Fund 3. Appointment of Hawa Samatar to the Planning Commission 4. Appointment of Farook Meah to the Environment Commission Council Member Gustafson Moved, Approved 4-0 G: POLICY ITEMS: H. INFORMATION/ANNOUNCEMENTS: 1. Weekly Police Reports – Can Now Be Found At: http://www.falconheights.org/index.asp?SEC=75B3E8BB-785B-4048-B543- 995BAE0716A5&Type=B_BASIC City Administrator Thongvanh: • There is a link provided for the weekly police reports. These are a broad overview of the stops. He does have the collected race data since October, but as the Police Chief mentioned, for the time being there has not been a tangible way to extract that data. He is working on that. He has been reviewing the overall stops, and the Police Chief is correct in saying that people have been receiving warnings for minor infractions. Once this is done, he will have this on the website. • He has been working on the RFI letter to send out to local police departments this week. The two-week timeline will be the best case scenario. More likely two to four weeks. Once he receives the responses back, he will present that information to the Council. He and the Mayor will also be meeting with the Mayor and City Manager of St. Anthony tomorrow to discuss the contract. • Community Conversation #4 will be on May 1, from 6:30-8:30pm. Participants will provide feedback on the draft Task Force recommendations and how to best be an inclusive and welcoming community. Childcare will be available for youth ages 3-10. • He received a message from MnDOT that they have agreed to continue to keep the median and push button at the Snelling and Larpenteur intersection. The medians at Crawford and Snelling will be modified so you cannot take a left turn. The current conditions will stay at Garden and Snelling. Council Member Fischer: • Monday he attended the Falcon Heights PTA meeting and listened to a presentation from the Superintendent Dr. Aldo Sicoli. The conversation discussed the building needs in regards to space concerns and the continued growth of the district. There were many 27 of 110 8 | Page discussions around bullying and how they are working to continue addressing these matters. Next Wednesday is the Tri-City Work Group meeting. Council Member Brown Thunder: • The school district has done a fantastic job working on the facilities expansion. The NYFS Leadership Luncheon is from 11:30-1pm at Midland Hills Golf Club on May 3. Council Member Gustafson: • The Parks and Recreation Commission met on Monday. He wants to thank the parks program sponsors. Registrations are open online, over the phone, and in person. Applications are being accepted for summer employment. Parks and Recreation Commission members are encouraged that they are working with the Community Engagement Commission and Environment Commission on holding some combined events. They went through the new park rental policy and Community Park is now available to be rented. • The Task Force met on Tuesday, and they are trying to wrap up their recommendations. The next meeting is Tuesday, April 18. Mayor Lindstrom: • Last night was a good discussion at the Task Force. They had three guest speakers, one of which was the Mayor of Circle Pines. They have a unique approach to policing; they have a joint powers agreement with two other communities. They also spoke with the City Administrator of Little Canada. They utilize Ramsey County Sheriff’s Office. They also had a speaker that served for seven years on the St. Paul Civilian Review Board, and he talked about that process. • The Environment Commission met on Monday night. They talked about SolSmart and the checklist they are creating to inform people the steps they need to take to obtain a permit when installing solar. I. COMMUNITY FORUM: Tom Baldwin- 1716 Albert St: You commented that SAPD has done exemplary service when mentioning seeking out an RFI. Either you don’t believe the stories people have told or that it is an acceptable trade off for the services. You owe us your leadership. The stories have gone unanswered and uninvestigated. Council Member Fischer: His vote last week for the RFI had to do with keeping options open, learning, and exploring new opportunities. Mayor Lindstrom: He respectfully disagrees that we have done nothing to address it. We have taken a very methodical approach and have run these things through the Task Force and Community Conversations. 28 of 110 9 | Page City Administrator Thongvanh: The Council has directed him to investigate the stories that have been presented, and he has invited people to reach out to him. The one person that did follow up had found out that the incident happened in Roseville, not Falcon Heights. J. ADJOURNMENT: 9:03 pm _____________________________ Peter Lindstrom, Mayor Dated this 12th day of April, 2017 __________________________________ Sack Thongvanh, City Administrator 29 of 110 BLANK PAGE  30 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 4/04/17 $121,643.08 Payroll through: 3/31/17 $38,753.37 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 May 10, 2017 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director 31 of 110 BLANK PAGE  32 of 110 33 of 110 34 of 110 35 of 110 36 of 110 37 of 110 38 of 110 39 of 110 40 of 110 41 of 110 42 of 110 43 of 110 44 of 110 45 of 110 46 of 110 47 of 110 48 of 110 49 of 110 50 of 110 51 of 110 BLANK PAGE  52 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Donations for 2017 Parks Program Fund Description At the beginning of each year, Falcon Heights’ and surrounding businesses provide donations to support the upcoming year’s Park and Recreation Fund and Special Events. There are three levels at which the business can donate- Gold ($200 - $500) Silver ($100-$199) and Bronze ($50-$99). The Parks and Recreation department uses the money from the local businesses to assist in purchasing the events entertainment, supplies and any other event and programming related costs. Each donation is recognized by the city as appropriate. Budget Impact To date, a total of $520 has been donated to the Parks and Recreation Programming Fund and Special Events Fund. These donations help offset the cost of Parks Programming and Special Events. Attachment(s) NA Action(s) Requested Motion to accept the following donations for 2017 special events from the following businesses: Silver Level ($100 - $199): Falcon Heights Gas and Convenience Inc., Falcon Heights BP ($150) Bronze Level ($50-$99): Hair Designs Unlimited LLC ($50) Other (up to $49): Stout’s Pub ($20) Meeting Date May 10, 2017 Agenda Item Consent F2 Attachment N/A Submitted By Tim Sandvik, Recreation Supervisor 53 of 110 BLANK PAGE  54 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Conduit Bond – St. Paul Academy Description See Attached Letter from Briggs and Morgan Budget Impact The City will receive ¼ of 1% of the principal amount that such Issuer issues. Attachment • Briggs and Morgan Letter • Resolution 17-16 Calling for a Public Hearing on the Issuance of Educational Facilities Revenue Refunding Notes and Authorizing the Publication of a Notice of the Hearing Action(s) Requested Motion to approve attached resolution and authorize Mayor and City Administrator to sign all necessary documents. Meeting Date May 10, 2017 Agenda Item Policy G1 Attachment Resolution & Support Documents Submitted By Sack Thongvanh, City Administrator 55 of 110 BLANK PAGE  56 of 110 8300362v1 Catherine J. Courtney (612) 977-8765 ccourtney@briggs.com May 4, 2017 BY E-MAIL Sack Thongvanh City Administrator City of Falcon Heights 2077 Larpenteur Ave. W Falcon Heights, MN 55113-5551 Re: Issuance of Conduit Revenue Bonds by the City of Falcon Heights for Saint Paul Academy and Summit School Dear Mr. Thongvanh: This letter is provided at your request and is to follow-up on discussions that we have had regarding the City of Falcon Heights acting as issuer of 501(c)(3), bank-qualified refunding bonds (the “Refunding Bonds”) to partially refund the Saint Paul HRA’s $14,750,000 Educational Facility Revenue Refunding Bonds, Series 2007 (Saint Paul Academy and Summit School Project) (the “Prior Bonds”) at the request of Saint Paul Academy and Summit School (the “Borrower”). The City of Little Canada will act as the other issuer of the remaining amount to refund the Prior Bonds in full. Falcon Heights and Little Canada are referred to collectively in this letter as the “Issuers.” Briggs and Morgan, Professional Association would act as bond counsel on the issuance of such Bonds. It is anticipated that the Bonds will be directly purchased by Bremer Bank, National Association. The Refunding Bonds will be used for the purpose of refinancing the Prior Bonds, the proceeds of which were used to refinance bonds issued in 1999, which financed the construction of the middle school of the Borrower and refinanced bonds issued in 1993, which financed various improvements to the Borrower’s facilities. State and federal laws allow local government units to enter into arrangements to issue bonds and loan the proceeds to nonprofit corporations to finance or refinance capital expenditures. This assistance reduces borrowing costs for nonprofit corporations and enables them to provide their services more cost effectively. It is a fairly common means of obtaining necessary financing for all nonprofit entities, including private schools. To accomplish this purpose, the Issuers will enter into Loan Agreements with the Borrower under which the Borrower will agree to pay all principal and interest on the Bonds. The Issuers will assign all of their rights to payments under the Loan Agreements to a lender, in 57 of 110 8300362v1 Sack Thongvanh May 4, 2017 Page 2 this case, Bremer Bank, National Association (the “Lender”), who will purchase the Bonds and loan the purchase price of the Bonds directly to the Borrower. The Issuers are merely a conduit and the money and obligations flow only between the Lender and the Borrower. The Bonds and the resolutions adopted by the Issuers will recite that the Bonds, if and when issued, will not to be payable from or charged upon any of the Issuers’ funds, other than the revenues received under the Loan Agreements and pledged to the payment of the Bonds, and the Issuers are not subject to any liability on the Bonds. No holder of the Bonds will ever have the right to compel any exercise by the Issuers of their taxing powers to pay any of the principal of the Bonds or the interest or premium thereon, or to enforce payment of the Bonds against any property of the Issuers except the interests of the Issuers in payments to be made by the Borrower under the Loan Agreements. The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuers, except the interests of the Issuers in payments to be made by the Borrower under the Loan Agreements. The Bonds are not moral obligations on the part of the State or its political subdivisions, including the Issuers, and the Bonds will not constitute a debt of the Issuers within the meaning of any constitutional or statutory limitation. The issuance of the Bonds will not affect the Issuers’ credit rating on bonds they issue for municipal purposes. Each city may issue up to $10,000,000 of its own and 501(c)(3) bonds each calendar year as bank-qualified bonds. None of the City of Saint Paul, the Saint Paul HRA, or the Saint Paul Port Authority have sufficient bank qualification capacity on their own to accommodate the Refunding Bonds, which are anticipated to be issued by Falcon Heights and Little Canada in the amount of approximately $7,375,000 each. Therefore, alternative cities were sought to act as the issuers for the Bonds. Under the federal tax law, alternative issuers are permitted, but a “nexus” between the jurisdictional city and the issuers is preferred. In this case, the Issuers are geographically proximate to the City of Saint Paul. And both Falcon Heights and Little Canada currently have residents who are students attending the Borrower. Each of the Issuers has agreed to and will receive a one-time issuer administration fee equal to ¼ of 1% of the principal amount that such Issuer issues. The Bonds will be issued in accordance with Minnesota Statutes, Sections 469.152 through 469.165 . A city may not issue bonds for a project located outside of its jurisdiction, as is requested in this case. However, the city in which a project is located may give permission for the issuance of bonds by another city. This is commonly referred to as “ host approval.” Under Minnesota Statutes, Section 471.656, subdivision 2(2), host approval may be given for a project located in the host city, by resolution of the host city. 58 of 110 8300362v1 Sack Thongvanh May 4, 2017 Page 3 Similarly, under the federal tax code, before a city can issue bonds for a project located outside of its jurisdiction, the host city must give its approval. Such approval can only be given following the holding of a public hearing. This requires that the Saint Paul HRA, on behalf of the City of Saint Paul, hold a public hearing and approve issuance of the Bonds by the Issuers. We have tentatively scheduled the Saint Paul HRA to hold a public hearing and give host approval to the actual issuance of the Bonds by the Issuers on June 14th. The Issuers will also hold public hearings. Falcon Heights and Little Canada will both be held on June 14th. The resolution that sets that public hearing date has previously been provided to you. Briggs and Morgan will be responsible for submitting the public hearing notice to the newspaper. A closing in early July is anticipated. Please feel free to contact me if you have any further questions or comments. The Borrower appreciates the consideration of the City in this matter. Very truly yours, Catherine J. Courtney CJC Enclosure cc: Pam Dykstra 59 of 110 BLANK PAGE  60 of 110 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 10, 2017 No. 17-16 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE REFUNDING NOTES AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (SAINT PAUL ACADEMY AND SUMMIT SCHOOL PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b) WHEREAS, Falcon Heights, Minnesota (the "City"), has received from Saint Paul Academy and Summit School, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), a proposal that it undertake a program to refinance the Project hereinafter described, through the issuance of revenue notes, in one or more series, or obligations (the "Notes") pursuant to the Act; and (c) WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary for the City to hold a public hearing on the proposal pursuant to Section 147(f) of the Internal Revenue Code and Section 469.154, Subdivision 4, of the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of revenue notes or other obligations to be issued to finance the proposal are described in the Notice of Public Hearing. 2. The Administrator is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and also in a newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. 61 of 110 Adopted by the City Council of Falcon Heights, Minnesota, this 10th day of May, 2017. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER 62 of 110 8292611v1 Extract of Minutes of a Meeting of the City Council of the City of Falcon Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, Minnesota, was duly called and held at City Hall in said City on Wednesday, the 10th day of May, 2017, at 7:00 o'clock P.M. The following members were present: and the following were absent: Member ___________ introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE REFUNDING NOTES AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (SAINT PAUL ACADEMY AND SUMMIT SCHOOL PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member _______________, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 63 of 110 8292611v1 2 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 10, 2017 No. 17-16 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE REFUNDING NOTES AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (SAINT PAUL ACADEMY AND SUMMIT SCHOOL PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b) WHEREAS, Falcon Heights, Minnesota (the "City"), has received from Saint Paul Academy and Summit School, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), a proposal that it undertake a program to refinance the Project hereinafter described, through the issuance of revenue notes, in one or more series, or obligations (the "Notes") pursuant to the Act; and (c) WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary for the City to hold a public hearing on the proposal pursuant to Section 147(f) of the Internal Revenue Code and Section 469.154, Subdivision 4, of the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of revenue notes or other obligations to be issued to finance the proposal are described in the Notice of Public Hearing. 2. The Administrator is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and also in a newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. 64 of 110 8292611v1 3 Adopted by the City Council of Falcon Heights, Minnesota, this 10th day of May, 2017. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER 65 of 110 8292611v1 4 STATE OF MINNESOTA COUNTY OF RAMSEY FALCON HEIGHTS I, the undersigned, being the duly qualified and acting Administrator of the City of Falcon Heights, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City of Falcon Heights, Minnesota, duly called and held on the date therein indicated, insofar as such minutes relate to a resolution calling a public hearing on the issuance of educational facilities revenue notes. WITNESS my hand this ____ day of May, 2017. ________________________________ Administrator 66 of 110 8292611v1 A-1 EXHIBIT A CITY OF FALCON HEIGHTS, MINNESOTA NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE REFUNDING NOTES FOR THE SAINT PAUL ACADEMY AND SUMMIT SCHOOL PROJECT Notice is hereby given that the City Council of the City of Falcon Heights, Minnesota (the "City") will meet at the at the City Hall located at 2077 Larpenteur Avenue West, Falcon Heights, Minnesota, at 7:00 p.m. on Wednesday, June 14, 2017, to consider the proposal of Saint Paul Academy and Summit School, a Minnesota nonprofit corporation and having federal income tax-exempt 501(c)(3) status (the "Borrower"), that the City assist in refinancing a project hereinafter described pursuant to Minnesota Statutes, Sections 469.152 to 469.165, by the issuance of revenue notes, in one or more series (the "Notes"). The "Project" consists of refinancing the acquisition, construction, and improvements of certain of the Borrower's school facilities, including the Borrower's facilities located at Dunlap and Goodrich Avenues and Randolph and Davern in the City of Saint Paul, Minnesota ("Saint Paul"), by the refunding of the outstanding principal amount, in part, of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota's (the "Authority") Educational Facility Revenue Refunding Bonds (Saint Paul Academy and Summit School Project), Series 2007 (the "Prior Bonds"). The Project is and will be owned, operated, and managed by the Borrower. The maximum estimated principal amount of the Notes to be issued to refinance the Project is $8,500,000. The Notes, if and when issued, will not constitute a charge, lien, or encumbrance upon any property of the City, except the Project, and such obligations will not be a charge against the general credit or taxing powers of the City but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. 67 of 110 BLANK PAGE  68 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approve Payment #1 to Valley Paving, Inc. for the 2017 Pavement Management Project Description On March 22, 2017, the City Council awarded the 2017 Pavement Management Project (PMP) to Valley Paving, Inc. Payment #1 is in the amount of $93,528.45 and includes the following work: • Mobilization • Traffic control • Pavement reclamation • Concrete removals (curb and gutter, sidewalk) • Storm sewer work (removals, new structures, pipe installation) • Watermain replacement Budget Impact Of the $93,528.45 being paid to the contractor, $66,502.18 will be reimbursed to the City by Saint Paul Regional Water Services for watermain related work. This project is being funded from the following sources: • Special Assessments • Municipal State Aid (MSA) dollars • City funds (infrastructure, utility) • Saint Paul Regional Water Services Attachment • Payment #1 Action(s) Requested Approve Payment #1 to Valley Paving, Inc. for the 2017 Pavement Management Project and authorize Mayor and City Administrator to sign all necessary documents. Meeting Date May 10, 2017 Agenda Item Policy G2 Attachment Payment #1 Submitted By Jesse Freihammer, City Engineer 69 of 110 BLANK PAGE  70 of 110 71 of 110 72 of 110 73 of 110 74 of 110 75 of 110 76 of 110 77 of 110 78 of 110 79 of 110 BLANK PAGE  80 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item MnDOT Highway 51/Snelling Avenue Project – Sidewalk from Hoyt Avenue to Larpenteur Avenue Description The City is in the process of acquiring a permanent easement from Falcon Heights Town Square Limited Partnership-Sherman Associates, Inc. for a sidewalk connect. The project will complete sidewalk connects from Hoyt Avenue to Larpenteur Avenue on the east side of Highway 51/Snelling Avenue. MnDOT is requesting a Temporary Permit to Construct. Budget Impact There is a limited impact to the budget for this item. Attachment(s) • Grant of Permanent Easement • Temporary Permit to Construct • Resolution 2017-17 Approve Temporary Permit to Construct to Minnesota Department of Transportation (MnDOT) Action(s) Requested Staff would recommend approval of attached resolution and authorize Mayor and City Administrator to sign all necessary documents. Meeting Date May 10, 2107 Agenda Item Policy G3 Attachment Resolution Submitted By Sack Thongvanh, City Administrator 81 of 110 BLANK PAGE  82 of 110 192513v1 TEMPORARY PERMIT TO CONSTRUCT Dated: May 4, 2017 County of Ramsey The State of Minnesota, by its Commissioner of Transportation, has established and designated the route of Trunk Highway No. 51 in Ramsey County, Minnesota. It is necessary that the State of Minnesota use for sidewalk purposes real property situated in Ramsey County, Minnesota, described as follows: Tract A Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE SECOND, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Ramsey County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 544081; which lies between two lines and their westerly extensions run parallel with and distant 218.00 feet and 289.00 feet southerly of the most northerly line of said Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE SECOND and westerly of a line run parallel with and distant 12.00 feet easterly of the west line of said Lot 1. The undersigned, having an easement interest in the above described real property, understand that they are not required to surrender possession of the property and are not required to surrender lawfully occupied real property without at least 90 days’ notice. By this permit, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain and operate the sidewalk. The undersigned hereby grant to the State of Minnesota, the immediate right to enter the real property and construct the sidewalk. Dated: _______________, 2017. CITY OF FALCON HEIGHTS BY: Peter Lindstrom, Mayor AND Sack Thongvanh, City Administrator/Clerk 83 of 110 BLANK PAGE  84 of 110 1 192477v1 (reserved for recording information) __________________________________________________________________________________ GRANT OF PERMANENT EASEMENT FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP, a Minnesota limited partnership, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF FALCON HEIGHTS, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the “City”, its successors and assigns, forever, a permanent easement for public sidewalks purposes over, across, on, under, and through land situated within the County of Ramsey, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit “B”. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sidewalk systems. 85 of 110 2 192477v1 The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises, that it has the sole right to grant and convey the easement to the City; that are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _______ day of _______________, 2017. GRANTOR: FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP, a Minnesota limited partnership By: Sherman Associates, Inc. Its: General Partner By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2017, by __________________________________ the ___________________ of Sherman Associates, Inc., a Minnesota corporation, the general partner of Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership, on behalf of said corporation and limited partnership. ______________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh 86 of 110 3 192477v1 EXHIBIT “A” TO GRANT OF PERMANENT EASEMENT A permanent easement for sidewalk purposes over, under and across that part of Tract A described below: Tract A. Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE SECOND, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Ramsey County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 544081; which lies between two lines and their westerly extensions run parallel with and distant 218.00 feet and 289.00 feet southerly of the most northerly line of said Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE SECOND and westerly of a line run parallel with and distant 12.00 feet easterly of the west line of said Lot 1. . 87 of 110 BLANK PAGE  88 of 110 4 192477v1 EXHIBIT “B” TO GRANT OF PERMANENT EASEMENT 89 of 110 BLANK PAGE  90 of 110 5 192477v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT KLEINBANK, a Minnesota corporation, f/k/a Community Bank Plymouth, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was recorded February 18, 2003, as Document No. 1734203 with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement. The undersigned has changed its name or identity from Community Bank Plymouth to KleinBank as a result of merger, consolidation, amendment to charter or articles of incorporation, or conversion of articles of incorporation or charter from federal to state, state to federal, or from one form of entity to another.. Dated this _____ day of ____________, 2017. KLEINBANK By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2017, by ______________________________________________ the ______________________________ of KleinBank, a Minnesota corporation, f/k/a Community Bank Plymouth, on its behalf. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh 91 of 110 BLANK PAGE  92 of 110 6 192477v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was originally in favor of Glaser Financial Group, Inc., a Minnesota corporation, recorded April 29, 2004, as Document No. 1838696 , which mortgage was assigned to Oak Grove Commercial Mortgage, LLC, by the recording of an Assignment recorded April 23, 2010, as Document No. 2107386, with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2017. OAK GROVE COMMERCIAL MORTGAGE, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2017, by ______________________________________________ the ______________________________ of Oak Grove Commercial Mortgage, LLC, a Minnesota limited liability company, on its behalf. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh 93 of 110 BLANK PAGE  94 of 110 7 192477v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MINNESOTA HOUSING FINANCE AGENCY, a public body corporate and politic of the State of Minnesota, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was recorded April 29, 2004, as Document No. 1838699, with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2017. MINNESOTA HOUSING FINANCE AGENCY By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2017, by ______________________________________________ the ______________________________ of Minnesota Housing Finance Agency, a public body corporate and politic of the State of Minnesota, on its behalf. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh 95 of 110 BLANK PAGE  96 of 110 8 192477v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision of the State of Minnesota, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was recorded April 29, 2004, as Document No. 1838704, with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2017. RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2017, by ______________________________________________ the ______________________________ of Ramsey County Housing and Redevelopment Authority, a political subdivision of the State of Minnesota, on its behalf. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh 97 of 110 BLANK PAGE  98 of 110 9 192477v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT FAMILY HOUSING FUND, a Minnesota nonprofit corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage was recorded April 29, 2004, as Document No. 1838706, with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement. Dated this _____ day of ____________, 2017. FAMILY HOUSING FUND By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2017, by ______________________________________________ the ______________________________ of Family Housing Fund, a Minnesota non-profit corporation, on its behalf. ________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh 99 of 110 BLANK PAGE  100 of 110 10 192477v1 LESSEE’S CONSENT TO GRANT OF PERMANENT EASEMENT MUY PIZZA MINNESOTA, LLC, a Texas limited liability company, which has a lease holder’s interest in all or part of the property more particularly described in the foregoing Grant of Permanent Easement pursuant to that certain Memorandum of Lease between Falcon Heights Town Square Limited Partnership and MUY Pizza Minnesota, LLC dated December 3, 2013 and filed for record December 13, 2013, as Document No. 2229389 with the office of the Registrar of Titles for Ramsey County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consents to the granting of the foregoing Grant of Permanent Easement to the City of Falcon Heights. MUY PIZZA MINNESOTA, LLC By: ____________________________________ Its: ________________________ STATE OF ____________ ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2017, by ________________________, the _____________________ of MUY Pizza Minnesota, LLC, a Texas limited liability company, on its behalf. _____________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh 101 of 110 BLANK PAGE  102 of 110 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 10, 2017 No. 17-17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPROVING THE TEMPORARY PERMIT TO CONSTRUCT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR TRUNK HIGHWAY 51/SNELLING AVENUE PROJECT WHEREAS, the Minnesota Department of Transportation (MnDOT) proposed to construct sidewalk on the east side of Highway 51/Snelling Avenue from Hoyt Avenue to Larpenteur Avenue; and WHEREAS, the Minnesota Department of Transportation (MnDOT) request a Temporary Permit to Construct as attached. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Issue the Minnesota Department of Transportation a Temporary Permit to Construct. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER 103 of 110 BLANK PAGE  104 of 110 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Division Request –Falcon Heights Church – United Church of Christ Description The City received a division request for a tax parcel split from Falcon Heights Church –United Church of Christ. The purpose of the request is to sell Lot 14 and Lot 15 of Block 1 of Barthel Villas for private development and request new parcel identification numbers assigned to Lot 14 and Lot 15. The Barthel Villas Plat was adopted by the Township Board of Rose Township on 15th if October, 1947with one parcel identification number of 15-29-31-0060. Budget Impact The budget impact will be realized later because the parcels will no longer be tax exempt. Attachment(s) • Barthel Villas Plat • Resolution 17-18 Approving a Tax Parcel Split of the Barthel Villas Plat Action(s) Requested Motion to approve attached resolution and authorize Mayor and City Administrator to sign all necessary documents. Meeting Date May 10, 2107 Agenda Item Policy G4 Attachment Resolution & Application Submitted By Sack Thongvanh, City Administrator 105 of 110 BLANK PAGE  106 of 110 107 of 110 BLANK PAGE  108 of 110 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 10, 2017 No. 17-18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - A RESOLUTION APPROVING A TAX PARCEL SPLIT WHEREAS, property located within the City of Falcon Heights, County of Ramsey, legally described as “Lots 14 and 15 and 19 Thru Lot 21 Block 1, Barthel Villas of Falcon Heights Addition has been assigned by Ramsey County the parcel identification number 15-29-23-31-0060; and WHEREAS, the landowner, intending to convey a portion of this property legally described as “Lot 14 Block 1, Barthel Villas of Falcon Heights Addition,” and “Lot 15 Block 1, Barthel Villas of Falcon Heights Addition,” has requested that the City approve a tax parcel split; and WHEREAS, it is appropriate to approve this tax parcel split. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA: 1. Pursuant to Minn. Stat. § 272.162, subd. 2(b), a tax parcel split is hereby approved for the following property located in the City of Falcon Heights, County of Ramsey: Legal Description: “Lots 14 and 15 and 19 Thru Lot 21 Block 1, Barthel Villas of Falcon Heights Addition.” Current parcel identification number: 15-29-23-31-0060 2. Ramsey County is requested to keep parcel identification number 15-29-23-31-0060 for the property legally described as follows: “Lots 19 Thru Lot 21 Block 1, Barthel Villas of Falcon Heights Addition.” 3. Ramsey County is requested to assign a new parcel identification number for the property legally described as follows: “Lot 14 Block 1, Barthel Villas of Falcon Heights Addition,” and “Lot 15 Block 1, Barthel Villas of Falcon Heights Addition,”” ADOPTED by the Falcon Heights City Council on __________________, 2017. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor 109 of 110 LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER 110 of 110