HomeMy WebLinkAbout12-14-2022 Regular Meeting
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 14, 2022 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: GUSTAFSON____ LEEHY___ MEYER ___
WASSENBERG ____ WEHYEE___
STAFF PRESENT: LINEHAN___
C. APPROVAL OF AGENDA
D. PRESENTATION
E. APPROVAL OF MINUTES:
1. November 9, 2022 City Council Regular Meeting Minutes
F. PUBLIC HEARINGS:
1. 2023 Truth in Taxation and Budget Presentation
G. CONSENT AGENDA:
1. General Disbursements through: 12/06/22 $555,890.87
Payroll through: 11/30/22 $39,434.85
Wire Payments through: 11/30/22 $29,012.70
2. Approval of City License(s)
3. Appointment of City Attorney
4. Appointment of Interim City Engineer
5. Appointment of City Auditor
6. Designation of Official Newspaper
7. 2023 Cost of Living Adjustment (COLA)
8. Statutory Tort Limits Liability Coverage for the City in 2023
9. Budget Amendment and Transfer of Funds from Fund 419 to Fund 426 for the 2021
Street Pavement Management Project
10. Approval of Updated Path/Sidewalk Maintenance Map for Snow Removal
11. Appointment of Hannah Lynch as Planner/Community Development Coordinator
12. Resignation of Jim Bykowski from the Saint Paul Board of Water Commissioners
13. Appointment of John Larkin to the Saint Paul Board of Water Commissioners
14. Resignation of Esha Seth from the Environment Commission
15. 2023 Animal Impound Services
16. Northeast Youth and Family Services Cooperative Service Agreement for 2023
17. City Administrator Jack Linehan – Six Month Employee Step Adjustment
18. Grant Application Approval – Saint Paul Garden Club / Monarch Joint Venture
H: POLICY ITEMS:
I. INFORMATION/ANNOUNCEMENTS:
J. 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.
K. ADJOURNMENT:
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall 2077 West Larpenteur Avenue AGENDA November 9, 2022 at 7:00 P.M.
A. CALL TO ORDER: 7:00 p.m. B. ROLL CALL: GUSTAFSON__X__ LEEHY_X__
MEYER __X_ WEHYEE_X__ WASSENBERG__X_ STAFF PRESENT: LINEHAN _X__ FREIHAMMER__X__
C. APPROVAL OF AGENDA
Mayor Gustafson makes the changes of moving Policy Item H1 Resignation of Jim Wassenberg from Planning Commission to Presentation D1 and moved Consent Item G6 to Policy Item H1.
Council Member Wehyee motions to approve the Agenda as Amended; approved 4-0
D. PRESENTATION: 1. Resignation of Jim Wassenberg from Planning Commission Jack Linehan, the City Administrator, states that this is a formality prior to the
appointment of Jim Wassenberg to the City Council. Jim needs to resign from his
position on the Planning Commission. Linehan has included this in the packet. Jim sent his letter of resignation, which is also included in the packet. Jim was appointed to the Planning Commission on July 14th, 2021, and served in that position for about a year. The City thanks him for his time and service on the Planning Commission.
Council Member Meyer motions to approve the Resignation of Jim Wassenberg from Planning Commission; approved 4-0
2. Appointment of James Wassenberg to the Vacant City Council Seat and Oath of Office
Linehan says that in September, City Council Member Kay Andrews submitted her
letter of resignation to the City Council to be effective October 12th due to her moving to a Senior housing facility in Roseville that date. The City Council formally accepted Council Member Andrew's resignation on Wednesday, October 12th, and declared a vacancy as there are less than two years left on the term. According to
State statute, the City must appoint a replacement rather than host a special election. The City Council discussed the vacancy process on October 5th on how to fill this
position. A timeline was laid out for that meeting, including advertising the vacancy
starting on October 13th to accept applications and closing applications on October 26th. In total, the City received three applications for the vacancy. On November 2nd, the Council reviewed the applications and discussed revising the process of filling the vacancy. Essentially, they received three applications originally. The Council
determined that there might be more than that, so they revised the application period.
Council did a straw pull at that time, and James Wassenberg the unanimous top choice among Council Members, so tonight is his appointment to the City Council. Council Member Wehyee comments that he is extremely thrilled about appointing
Jim to the Council. Jim is someone that Council Member Wehyee has had the
privilege of working with for the last couple of years in different capacities. Jim is someone who is very dedicated to this community and someone that the entire Council can agree has demonstrated a degree of commitment to this community that is really unquestionable. Jim brings a level of expertise that the Council is going to
strongly benefit from, hopefully for years to come. Council Member Wehyee is very
proud that the Council was able to recognize his contributions to the community through the unanimous consent of the Council's previous Workshop. Council Member Wehyee is very excited in having Jim join the Council.
Council Member Leehy says that she wholeheartedly agrees with Council Member
Wehyee. Council Member Meyer states that he has not had the opportunity to work with Jim much yet but is looking forward to it.
Mayor Gustafson says that he is looking forward to it. The Mayor is really pleased that Jim stepped forward to apply for this position, based on his service to the community since he has become a resident here many years ago.
Council Member Leehy and Wehyee
motion to approve the Appointment of James Wassenberg to the Vacant City Council Seat and Oath of Office; approved 4-0
Linehan administers the Oath of Office to James Wassenberg. James Wassenberg recites the Oath of Office. I, James Wassenberg, do solemnly affirm to support the Constitution of the United States, the Constitution of the State
of Minnesota, and to discharge faithfully the duties of the office of City Council
Member of the City of Falcon Heights, Minnesota, to the best of my judgment and ability and this I do under penalty of perjury. Council Member Wassenberg thanks the City Council and staff for this opportunity.
James appreciates the vote of confidence and his ability to serve his fellow
residents…to continue to serve. He also thanks Council Member Wehyee for the kind words. Wassenberg is very excited for this opportunity and is looking forward to continuing to serve his fellow residents and to hopefully do some good on the
Council and to work with all of the Council Members in a constructive manner going forward.
E. APPROVAL OF MINUTES: 1. October 26, 2022 City Council Regular Meeting Minutes 2. November 2, 2022 City Council Workshop Meeting Minutes
Council Member Leehy motions for the
Approval of Minutes; approved 5-0 F. PUBLIC HEARINGS: 1. 2023 Pavement Management Project – Order Improvement and Preparation of Plans
and Specifications
Linehan says that for this Public Hearing on the 2023 Pavement Management Project, we will first do the City Engineer; Jesse Freihammer will walk through a PowerPoint outlining the project and share some of the details at that point. After that’s done, we
will open up for the public hearing portion of the meeting so the public hearing
residents can either submit comments in writing or come up to speak into the microphone after being addressed by the Mayor. When speaking at the microphone, state your name and address, and you are given up to three minutes for public commentary, which will be included in the meeting minutes. Once the public has had
a chance to speak, the comment period will close, and the Council will begin their
deliberations and discussion. The other thing I just wanted to mention for the public hearing process: the goal is for the Council to be listening; it’s not necessarily a two-way dialogue. They may ask questions of the members of the public if there is something they want clarified, but it’s not a discussion period unless they so choose
to do so.
Freihammer states that Area 1 is Holton St., Albert St., Sheldon St., and Ruggles St. This area is what we are considering the mill and overlay. This similar to what was done in the streets to the West last year. So basically, this portion of the project would
involve milling the existing pavement. We will mill about 2 inches of the existing
asphalt off and put 2 new inches of asphalt on. There will be minimal curb replacement, but if a curb is broken, cracked, or sunken, we will replace it. Then some minor sanitary and storm sewer upgrades, but the hose will not be included in the assessment. Area 2 is basically just Garden Ave. That improvement is varied
much more in-depth. That pavement needs much deeper repairs, so we will do
reclaim where we grind up the entire road. We remove a portion of that and replace that with four new inches of asphalt, and then there will be significantly more curb replacement. A lot of the catch basins and stuff are located behind the curb, and then certainly, depending upon which option Council chooses, that also could affect how
much curb gets replaced. There will also be some sanitary sewer and storm sewer
improvements that will not be assessed. A couple of the options do include sidewalks. If sidewalks are chosen, they are not a part of the assessed portion, and then there are numerous design concepts, as I mentioned that we did neighborhood meetings over. We did refine those a little bit, and as we go into individual design options, we will
kind of clarify how we got to that point. I think any written comments to date, if they
were before two weeks ago, are in the feasibility report; otherwise, we attached them to the packet. So, for Garden Ave., after the public hearing, Council will need to decide what street layout to go with; some include sidewalks, some don’t.
Segment 1 – Snelling to Holton Options
• Option 1 (Existing Street Design)
o Street Width 36 Feet
o 11-foot Drive Lanes
o 7-foot Parking Lanes on Both Sides
o No Sidewalk
• Option 2 (Existing Street Design Modified)
o Street Width 36 Feet
o 11-foot Drive Lanes
o 8-foot Parking Lanes on South Side
o 6-foot shoulder on North Side, No Parking
o No Sidewalk
• Option 3 (Concept B modified)
o Street Width 34 Feet (Narrowed 2 Feet by Moving the North Curb)
o 11-foot Drive Lanes
o 7-foot Parking Lane on South Side
o 5-foot shoulder on North Side, No Parking
o No Sidewalk
• Option 4 (Concept A)
o Street Width 29 Feet (Narrowed 7 Feet by Moving the North Curb)
o 11-foot Drive Lanes
o 7-foot Parking Lane on South Side
o 7-foot Sidewalk on North Side, Next to the Curb
Segment 2– Holton to Hamline Options
• Option 5 (Existing Design)
o Street Width 42 feet
o 12-foot Drive Lanes
o 9-foot parking South Side Only
o 9-foot Shoulder North Side Currently Signed No Parking.
o No Sidewalk
• Option 6 (Concept G)
o Street Width 32-foot (Narrowed 10 Feet by Moving North Curb)
o 12-foot Drive Lanes
o 8-foot Parking South Side Only
o Elimination of North Shoulder Currently Signed No Parking.
o No Sidewalk
o East of School Property: North Side Shoulder for School Pick-Up Queuing, No
Sidewalk
• Option 7 (Concept F)
o Street Width 32-foot (Narrowed 10 Feet by Moving North Curb)
o 12-foot Drive Lanes
o 8-foot Parking South Side Only
o Elimination of North Shoulder Currently Signed No Parking.
o 6-foot Sidewalk
o 5-foot Boulevard Between Sidewalk and Curb Adjacent to the School Property
o East of School Property: North Side Shoulder for School Pick-Up Queuing, 7-foot
Sidewalk, No Boulevard
o Bumpouts at Intersection to Eliminate Parking Near Intersection/Shorter Pedestrian
Crossings
Freihammer also mentions that all of the sidewalk options, if the sidewalk is included,
that is not included in the assessment, and the City has already agreed if a sidewalk is
installed, that the City would maintain those sidewalks.
Ruggles Ave. Pathway:
Existing right of way (ROW) – 12 feet of platted ROW
1. No improvements
a. If no improvements made, recommend Council begins vacation process to
“turn back” the right-of-way to the adjacent properties. Would eliminate
neighborhood pathway.
2. Improve pathway to ADA standards
a. Install 5-6’ concrete sidewalk. $35,000
b. Install permeable paver pathway. $55,000
The two costs associated with improving the pathway are additional or add-on costs and
are not currently in the overall project costs. The way we looked at Ruggles pathway,
was it is considered public right-of-way, so, as a public agency, we are held to a
standard to make sure that its accessible for everyone. So, we base most of our sidewalk
pathway designs on the accessibility guide which states that:
1. Continuous width. Minimum 4 feet. 5 feet if over 200 feet for passing.
2. Cross slope <2%
3. Surface- The surfaces of pedestrian access routes shall be firm, stable, and slip-
resistant. Pedestrian access route surfaces must generally be planar and smooth.
Surfaces should be chosen for easy rollability. Surfaces that are heavily textured,
rough, or chamfered, and paving systems consisting of individual units that cannot
be laid in plane, will greatly increase rolling resistance and subject pedestrians who
use wheelchairs, scooters, and rolling walkers to the stressful and often painful
effects of vibration.
With both projects the City will coordinate any necessary relocations or improvements
in conjunction with the project. These would be identified during the design process this
winter. Private Utilities operating in the City right-of-way include: Xcel Electric, Xcel
Gas, Century Link, and Comcast. Most likely, based on previous experience, there will
be minimal upgrades that they do.
A summary of the estimated project costs and funding sources are as follows this does
not include Ruggles Pathway. The total project cost is estimated at $1,688,000, including
contingency and engineering costs. The cost breakdown is shown below:
Mill and Overlay Street Costs: $427,000
Garden Avenue Street Costs: $680,000
Garden Ave Sidewalk (West): $172,000
Garden Ave Sidewalk (East): $127,000
Storm Sewer Costs: $242,000
Sanitary Sewer Costs: $ 40,000
Funding:
Approximated Assessments: $533,000
Street Fund: $287,000
Municipal State Aid: $586,000
Storm Sewer Fund: $242,000
Sanitary Sewer Fund: $ 40,000
The City’s assessment policy for streets is that streets are assessed by the front footage of
each lot. Residential corner lots are assessed 100% for the long side, 0% for the short
side. Residential depth to be capped at 176 feet. Assessment rates for street
improvements:
• Residential – 40% of the improvement
• Commercial/Multi-Residential – 60% of the improvement
• Tax-Exempt – 100% of improvement
Mill and Overlay Assessment Roll
• 96 parcels
• Total frontage = 8,705 feet (504 feet non-assessable)
• Estimated Assessment Rates
o Residential = $19.62/ft
o Tax-Exempt = $49.05/ft
• Average residential assessment = $1,495.34
• Approximate residential range = $1,100 to $3,200
Garden Ave Assessment Roll
• 22 parcels
• Total frontage = 4,241 feet (553 feet non-assessable)
• Estimated assessment rate
o Residential = $64.14/ft
o Tax-Exempt = $160.34/ft
• Average residential assessment = $8,844.57
• Approximate residential range = $8,100 to $11,300
• The City may choose to pursue a benefit appraisal on the properties to ensure the
assessment proposed does not exceed the estimated benefit to the property, as required
by Minnesota State Statute 429.
After the assessment hearing (Fall 2023):
• Pay in part or full, interest-free within 30 days
• Add to property taxes with interest:
o Length and interest rate set by City Council
o 7 years, Mill and Overlays
o 10 years, Garden Avenue
o Interest rate at 2% above current rate of return on City’s portfolio
o First payment due in 2024 with property taxes
• Hardship deferral
o Homestead property
o Age 65+, or retired by virtue of disability
o Payment would be a hardship
o Assessment will accrue interest while deferred and be due when the above no
longer applies
o Application available at City Hall
Please note, this schedule is subject to change. Council actions are denoted with “CC” and will
take place at a public meeting:
CC Improvement Hearing, Order Improvement, and November 9, 2022
Authorize Preparation of Plans & Specifications
CC Approve Plans & Specifications, and January, 2023
Order Advertisement for Bid
Bid Opening February 2023
CC Award Contract March 2023
Construction Start Summer 2023
Substantial Completion Fall 2023
CC Set Assessment Hearing October 2023
CC Assessment Hearing October 2023
Requested Council Actions:
November 9 Council Meeting – Public Hearing
• Hold Public Hearing
• Make decision on which improvements, if any to Ruggles Street.
• Make decision on which Garden Avenue layouts to proceed with for final design.
• Adopt resolution ordering improvement and authorizing preparation of plans and
specifications.
Mayor Gustafson opens the Public Hearing, and invites anyone who would like to address the
Council, and address those here, to come up to the microphone. Please state your name and
address so that we get it right in the minutes, and then you have up to three minutes to ask
questions or to state what you would like the Council best to do.
Todd Thun, 1800 North Albert Street. Todd lives on the corner of Garden and Albert. Thun
states that his address is 1800 North Albert, not 1800 North Garden. Thun’s lot is 68 feet wide
and that runs along Albert, which was repaved back in 2021, and his lot is 296 feet long and
runs along Garden on the opposite side of the Elementary School. When Falcon Heights
repaved Albert in 2021, Thun’s understanding was that his neighbors who lived along Albert
were assessed for the cost of repaving Albert. There are about 34-35 houses along that street.
They all are roughly 60-70 feet wide, and I think all of those residents were assessed along that
frontage footage at the rate of roughly $32 a foot, according to my neighbor who lives two doors
down from me. His share of repaving Albert was about $1,500. Council Member Wehyee, I
don’t know what your share was, but I assume you were included in that project. For whatever
reason, our house was not in that project. We were carved out and left off. Had we been
included in that project at 68 feet of frontage along that road and at $32 of square foot, our
assessment for that project would have been $2100. Instead, our property and a few of our
neighbors were carved off of the Albert Street assessment, and we were saved for the Garden
assessment, which is $11,300. So, we were taken off of the Albert St. assessment, I guess, so we
can pay a rate five times higher than our other neighbors who also live along Albert. Other
neighbors on the other corners are affected in the same way, and I think it's patently unfair that
you are going to charge some of us at a rate that is five times higher than our neighbors. I also
think that approach probably violates State law. Now, as I understand it, and that it’s only a
preliminary hearing, and the official assessment hearing isn’t until next fall, correct?
Mayor Gustafson states that is correct.
Thun continues, So any appeal period would begin to run once that hearing is held and the
decision has been made, right?
Mayor Gustafson states I believe that is correct.
Thun continues stating that he would ask the Council to revisit this so-called policy about how
it's going to treat these corner lots and how it's going to issue these assessments. Along Garden,
to suggest that the few of us who live along that street should pay a rate five times higher than
our neighbors is just silly. That’s a busy road. Obviously, it takes a beating the reason it's busy,
and the reason it takes a beating is that you have the Elementary School there that’s a
community resource to the extent that the street wears out quicker and needs to be replaced and
needs to be replaced at a higher cost. That’s a community cost. I’m not here to suggest that we
shouldn’t be assessed for our fair share of keeping the streets up. But I would suggest the fair
way to do it would be to have us assessed at the same rate as our neighbors who live along
Albert and not stick us for five times that amount.
Sam Wells from 1802 Asbury. Sam states he is in a similar situation as Thun. So, looking at the
numbers a little bit as well, it is a tough pill to swallow. I think we are aware of that, and that
assessment hearing later could be discussed more there. One of the easy correlations that I had
considered ourselves, or as a family at 1802 Asbury, is the cost of this assessment is on-par with
overall homeownership, any sort of repair that you might need to get a private loan for, so I
would be curious, if not now, at the later assessment, to know if the City has looked into a
private loan rather than using, at the very least, to bring the Garden assessment down in line
with the rest of our neighbors rather than asking us to pay that three to five times more than
everybody else. Being that if it was a private on our private property of this value, I wouldn’t be
able to ask the City Council for some help and assess you guys, so just the correlation there. All
of that said, being farther to the west, there are a lot of young kids that are not quite the
elementary school. My self-included all the way along Asbury if there’s dozens of kids that will
be elementary school age in the coming years here, and I know that is true. It’s a relatively
young neighborhood from what I have seen in general, so with that said, as far as the plan for
Garden, I would think it would be at least partially wasteful if we didn’t have a sidewalk for
those kids to walk to school every day. I do like the plan you guys have for a sidewalk.
Jim Utne lives at 1806 Pascal. Utne asks when was the last time when a street in Falcon Heights
was reclaimed north of Larpenteur Ave., south of Roselawn Ave., west of Hamline Ave., and
east of Snelling Dr.? I asked that question a week ago.
Linehan states that we did include your questions in our packet, so it is a part of the public
record. So, we can answer them both. Jesse and I have looked at this. There hasn’t been a road
reconstructed in this area.
Utne continues by saying, based on that, I would like to know why Garden is being reclaimed.
Linehan states, if you look at our pavement conditions index, Garden Avenue has the worst
pavement conditions of any road in the City.
Utne asks why wasn't it repaved previous to this?
Linehan states if it was a mill and overlay at a previous point in 2015, professional engineering
opinion is we would be doing a reconstruction in the next few years anyway, because the grade
of the roadbed is so poor that it would need to be reconstructed at some point.
Utne states that none of the other streets were or have been; that's lot years.
Linehan says that the other streets were not in that poor of condition, and that is correct.
Utne states that he is not in favor of sidewalks and believes that most of the people at the City
Council meeting are not in favor of sidewalks other than the gentleman that just talked. I have
been in Falcon Heights off and on for 65 years, probably. I was in Falcon Heights school. I never
went to that school because it was overcrowded. We had more children in that Falcon Heights
area than you could ever imagine. I went to Fairview Junior High School, which is now called
something else and torn down, but we never had any problems with people walking.
Narrowing the street, I don't see that the traffic surveys point towards the need of sidewalks. I
don't know if that the people who were involved in making these decisions in showing
sidewalks again; I don't understand the issue. There is not a traffic issue. There is not a safety
issue, and besides that, I saw that if along Garden, the sidewalks are developed, we won't have
to pay for it. Well, that is wrong. We do pay for it as part of the citizens of Falcon Heights. I also
ask the question, have we asked any people along the City whether they're willing to have
sidewalks or pay for them? I don't see any surveys or anything done other than two traffic
surveys, and I would venture to say if you did surveys on Arona, Pascal, and Holton, you
would see an awful lot of traffic going to Larpenteur north and south. To be honest, there has
never been an accident except for one where a young boy on a bicycle ran into a car that was
parked, and I just don't understand why sidewalks keep being brought up. It's not a safety
issue; in fact, it's worse if you narrow the street and put a sidewalk there. Where are the kids
going to walk? I guarantee you that anyone who lives in our neighborhood who walks on
Roselawn in the winter does not walk on the sidewalk. It's too slippery, so they are going to
walk in the street. Now the streets are going to be narrower. I don't believe it is in the best
interest of the safety of children.
Amy Woodward lives at 1802 Simpson St., which is on the southeast corner of Garden and
Simpson, and we moved in May of 2014. I want to say thank you to the Roseville Engineer, the
City Council, and the Mayor for offering these public hearings. The public information sessions,
the letters, and the transparency of this process. My family and I do appreciate that. From what
I can tell, each of these proposals continues to place cars and pedestrians in very close proximity
to each other, and that has been a concern of mine as my children were growing up, and now
we have other younger children that are coming to our house to visit. I agree, as it has been said
in other hearings, that the speed along Garden Ave. is a problem. We live at a four-way stop
and routinely see cars both speeding and pushing through the four-way stop without fully
coming to a complete stop. The volume of the traffic that goes along Garden Ave. in observation
has not been an issue other than in the morning when families may be going to school or during
the State Fair, so I don't see traffic congestion as a problem necessarily. It wasn't stated in any of
the slides, but I understand that when the road is done, the striping of the road needs to be
changed from what it is now. That is my primary concern as I stand before the Council. I do not
support the addition of a double yellow line down the middle of Garden Ave. The reason for
that is because the double yellow line has a feeling of an arterial to a street that we value as a
neighborhood street. My concern is that as people see the street as an arterial. Their speeds
could actually increase rather than decrease. I have a concern that people within the constraints
of a double yellow line would not move over if they are in close proximity to a pedestrian as
they are able to now able to move over without the constraints of striping on our portion of the
street. I also have concerns that while the market value of my home may not be decreased by a
double yellow stripe being directly adjacent, that the market appeal of my home would be
decreased. I moved in May of 2014. As I just stated, had I had a double yellow line next to that
property, we would not have purchased the property. It feels unfair to introduce that now that
we don't really have a choice in the matter. I do generally support sidewalks, but if the double
yellow line pushes the traffic abutted next to the sidewalk, I do not support that as an option,
and my preference would be to leave the street as is.
Mayor Gustafson asks if Woodward’s preference is to leave it as it is, with the four lanes and
two lanes of parking, and no sidewalk.
Amy says that is correct; if there is going to be a stripe, which I do not support, to be clear. If the
only option is for us is to have a stripe, then I want to give as much space between the cars and
the people as possible.
Beth Behnke, the Principal of Falcon Heights Elementary, states that I am very proud to be there
for the last ten years, so I thank you for the many partnerships that we have had. One of which
has been the safety concerns around our school zone area. This isn't the first conversation that I
have been involved with the Council over the course of the last ten years as the principal of the
school, working with our district. We have done everything that we can to create a safety zone
for the beginning and end of our day, and part of that has been with our partnership with you
with creating the no parking zone on the north side near the school; that has helped immensely.
The striping that we did, I believe that was my first year, ten years ago, definitely assisted us,
and training the adults that are in our zone, but more than that, it is crossing for students as
well. So are bus lanes right in front. We have looked as a district if there is any way of rezoning
any of the area that we have our greenspace. When we did some construction in the parking
lots, we looked at that. We just don't have any other viable options; so again, as a school district
and me specifically as a principal, I feel like I have exhausted everything I can to continue to
keep our zone safe. My greatest concern is that we want to advocate for students to be walkers
and bikers, and in order for us to do that, we really do need to have a safe zone because cars
can't see everything all the time, or they choose not to because there distracted. How can we
continue to do our very best to make sure that our young people can get to and from school
safely? Parents, I am grateful to walk their kids or even school patrols assist, and that's great,
but it also doesn't take care of the streets zone all of the time. Another area of concern is the
queuing, as Jesse has eluded to on Hamline onto Garden; if you noticed, we do have a sidewalk
on Hamline that ends. Now, what do you do when you got your cars that are queuing up right
there? Our kids are walking on the other side of the cars that are queued, or they are walking on
somebody's grass/lawn. I don't know how else to make it safe, so I really need our partnership
to continue this conversation and keep in mind that this is something that's not just for today,
but for the future of our students.
Karen Schmith lives at 1802 Arona St. Karen says she does agree with the first speaker about the
amount of the assessment for those of us that live on Garden. I do think it’s pretty excessive.
One of my concerns, is when this project was initially going to be done in 2015, the assessment
was steep, but not as steep; it’s like twice as much, and that is a pretty strong financial hit. I
think, to people who live on Garden, and most of us have lived here many years, I do feel that it
isn’t fair to put all of this on just the property owners on Garden. Again, comparing with what
the first gentleman said, I did agree with him that other people have had, and actually, I got
assessed on my short side many years ago. So, I’m getting an assessment on both sides, but it
was many years ago, and I do not know when they changed that. So, I am getting hit twice in
my particular house. But, that would have probably been 30 years ago, so it certainly has been a
significant amount of time. I don’t know when that was changed. I do know, that at the time
this was put on hold, there were people in the community who did not live on Garden, who
said they would be happy to contribute funds to the assessments for Garden. So, I do hope the
Council will consider that a little bit. It is kind of a pretty high hit for people who live on
Garden just because they have that long access, longer street side. Certainly, I agree that we
need to put some money in, but that just seems like kind of an exorbitant amount when it is not
a street that is used by the whole community. It’s not like some of the other streets. One concern
about the traffic things on Garden is I have never heard any conversation about bikers, and in
the summer, there is a lot of bikers; there are kids, there are adults. I am a biker. I am very
comfortable biking on Garden right now, but I can tell you I don’t like biking on some of the
other streets because the ones that are narrower, you are right next to cars there’s no space for
you to be not right next to cars, and it’s dangerous. There are a lot of kids in our area and in our
community that are on bikes. Young teenagers… someone suggested they can bike on the
sidewalks. No, you’re not supposed to be biking on the sidewalk. You’re supposed to be on the
street. So, that is a concern I have not heard anything about, but I do worry about kids who are
on bikes as well on the street, and now you it's narrower there right next to cars, there’s no place
for them to go and they are not always careful as they should be. I haven’t heard anyone
mention it. This summer, with kids out on bikes and scooters and some of those others things
that teenagers might there not necessarily going to be on the sidewalk, they're probably going to
be on the street. I think the other thing about sidewalks is that it changes the landscape around
our homes. I have been a long-time Falcon Heights community member, and one of the things I
like about our neighborhood is that we do not have sidewalks everywhere, and I know some
people like that, and some communities have that. That’s fine but our particular area has never
had that feel. It's just more greenspace, and I’ve always appreciated that, and I think a lot of the
people who live on Garden long-term kind of talked about that too. Just something to think
about, because it is changing the outlook around our homes as well.
Linehan reminds the Council and the public that there are a couple of public written comments
submitted in the packet, so we did receive comments. It is available on our website for those
who wish to read it. There are four comments that the City Council receive. One was from
residents that were adjacent to the Ruggles Path and sent a letter to the Council that they all co-
signed. The second comment was from Nina Samuels and Earl Schwartz at 1801 Albert St. N.
Longer comment, but the summary was in opposition to the fairness of assessments in general,
and then we received another comment from Mr. Utne from 1806 Pascal St., just with some
concerns that he had raised tonight. We received a letter from the PTA signed by the PTA
Benjamin Keenan supporting the sidewalk.
Laura Gerde lives at 1881 Holton. Laura asks if the Council will be able to give me a little bit
more education as to why assessments are being given to homeowners in general, as these are
public streets.
Mayor Gustafson states that it has been the policy of the City and most Cities that portions of
street projects are paid for by the residents on those streets. The assessment policy that we
currently have in the City of Falcon Heights was established in 2007… somewhere around in
there… to kind of set up for how the City would address the street projects for how they were
done. Because in some communities, it's 100% assessment for properties that adjoin a road that
are there. In Falcon Heights, we have it at 40% of the cost for residential properties, 60% for
commercial and multifamily dwellings, and 100% for non-profit, so for those roads as the roads
are a benefit to the people that live there and then as well there’s a shared value. So, in this case,
the City pays 60% of the cost and then in front of the residential areas. It’s a standard kind of
practice in Cities throughout the state of Minnesota.
Gerde thanks the Mayor for that education and does appreciate it. I do understand that my
assessment is likely much lower than my fellow residents on Garden, and I feel a little sheepish
to stand before you all with a request, but my formal request of the Council would be to
evaluate reducing the amount of the assessment to all homeowners that are impacted by both
the Garden and the segment one of that. I have been a homeowner on Holton for about ten
years now, so I am not as long-tenured as some of the folks in the room, but certainly, I feel like
a longer resident and would ask the Council to evaluate if there is any potential to use
additional tax dollars to pay for these roads as on Holton especially is a common road that’s
used both for the church and the elementary school. A couple of other comments that I would
say is I would like to see at least some space. I don’t really care if it’s a buffer space or sidewalk
that is impartial to that, but I am an avid walker. I have a dog, and I am out multiple times a
day. I walk the neighborhood, as some of you might have seen me. So, I do walk all of these
streets and do appreciate having some space in between cars and the actual driving lanes on the
road. So, whether that’s buffer space or sidewalk, I am impartial. I would just appreciate
having, as others have shared, that space to feel safe to walk on the streets. Finally, I know that
there has been a lot of passionate commentary on the Ruggles Pathway, and while I am not
directly impacted, I do use that pathway and appreciate its value quite a lot. I would support
the four neighbors that are bumped up against to it, and I believe that their wishes are to keep it
as is. But, my understanding, Jesse, that’s not possible; we are not able to leave it as is. If it
does, it would go back to the ownership of those four residents. Is it true that were the decision
that it is up to them whether or not keep the pathway, or is it the City's decision that it would be
a part of their land?
Linehan states that if the City were to abandon the easement essentially by default if we went
through the vacation process, so if we go down this road, there’s a public hearing, there’s a
notification process. If we receive a request from three out of four adjacent properties, which in
a way, we did receive a request from four of the four, that would begin that process. If we
vacate that right of way and it turns over those residents, it becomes their property. What they
do with that path is up to them. All liability transfers from the City to them, so if somebody
rolled a wheelchair up and rolled an ankle and sued, it would be a personal liability to those
neighbors. So, they may elect to move their fences which they would be allowed to do.
Laura supports her fellow neighbors as she does feel like they have the biggest impact, so she
wants to support their wishes; however, she does want to go on record that she does find
Ruggles Pathway very enjoyable and loves to see all of the kids and other residents use it. She
does think there is value there, so she hopes it stays one way or another whether or not it has to
get paved.
Nina Samuels says that she is one of the people with her husband who have submitted a letter
in advance already. Nina would like to say this to the Council personally and to the people in
this room. She lives at 1801 Albert, and they are directly across from Falcon Heights School on
the corner of Albert and Garden. They have been there for about 30 years now, and they love
Falcon Heights School and they love the amenity of having a school in their neighborhood
which their children never went to, but they appreciated it regardless. They love that it is a
walking neighborhood. They are not in objection to paying their share as Falcon Heights
residents for this wonderful community amenity that they have in Falcon Heights, but she
wants to remind everyone that it is an all-community amenity, it is not an amenity specific to
the people who live on Garden Ave. And, in fact, Nina doesn’t think they benefit from it more
than people who live next to her on Albert, or farther down the street, or on Hamline, or on
Pascal. She also wants to say that, yes, she understands that communities around the state of
Minnesota usually use assessment processes similar to this, but not all of them do, and there are
new ways of looking at assessments. There was an article in the Minneapolis Star Tribune about
this and not too long ago. Nina encourages the Council to find a copy of it, and she can provide
a copy if the Council would like, but one of the models that it gave was to link the assessment
on the property value of the property that’s being assessed, and that seemed like a more fair
allotment of assessment than just the street value because the property values are not in
accordance with the size of the property, but many more other things are taken into
consideration. Nina urges the City Council to look at some other models to make this
assessment shared more fairly by the residents of Falcon Heights.
Mayor Gustafson closes the public hearing and opens the discussion to Council action. What
would be in order would be a motion to approve the 2023 Pavement Management Project –
Order Improvement and Preparation of Plans and Specifications. First would be, and part of
that could be done, approving one of the options for layouts for Garden Ave. segment one west
of Holton and an option for segment two east of Holton in front of the school and over to
Hamline that same motion could include or could be a separate motion for approved to install
pathway on Ruggles right of way and include that in the 2023 PMP. Those would be the
different options we have in front of us for this project. The Mayor opens this up for Council
discussion.
Council Member Wassenberg wants a little bit more education on the statement that Amy
Woodward made about there being a requirement for a double yellow line. He is wondering if
engineer Freihammer could educate him more on that and the necessity for a double yellow line
on the street that could potentially be narrowed.
Freihammer states Garden Ave. is a state aid road. The City has 20 roads that are state aid
streets. I think the volumes that state aid will not require a double yellow line, but it is highly
recommended, particularly with any of the options, that the parking is not centered in the
roadway. Striping does help convey that there is parking only on one side. It’s not required.
Certainly, that can be decided at a later date as we go forward before we approve the final
plans. It's not required, but Jesses states that he would encourage it for a road of this type. This
is a collector street, it does go to the school, and it does serve more traffic. Jesse does see the
concerns about making it look like a busier road, but if they did striping, they would not just do
double yellow, they would also do the white stripes and some of what they have done in
Roseville the last few years. It helps make the road narrower than it is, and certainly, if an
option goes forward with the sidewalk, it does help. We can certainly also not put it in and
leave it. I will say that Garden was striped historically. Freihammer does not know when it was
last restriped, which is why it doesn’t look stripped now. Honestly, it was probably last
stripped in 1999, which was the last time this road was done. So, it was striped previously, but
if the Council so chooses, it can be remain unstriped.
Council Member Wehyee has a question about the total cost of the project. Council Member
Wehyee noticed on the feasibly report that was submitted on page 13 of the feasibility report
that there was an estimate of $ 1.3 million for the total cost of the project, but he also saw that
another estimate was $1.6 million and was wondering if Freihammer could kind of speak to that
discrepancy or explain what the difference is?
Freihammer states the $1.3 million in the table on page 13 that does not include the sidewalks,
so that’s basically the street costs related to the project and the utilities. So, the difference is the
$172,000 plus the $127,000, so just under $300,000. The $1.6 million is just adding in the
sidewalk.
Mayor Gustafson states that the Council figured as part of that in earlier discussions during all
of the public meetings that went on in the various things at the school and here that
remembering back to 2015, the cost of the sidewalks was going to be assessed to those that live
on Garden at that time and to avoid that to have the City take on the responsibility for paying
the sidewalks and caring for the sidewalks that why we are using total City dollars for that, so
those costs wouldn’t be passed on to the homeowners on that street because it’s a community
benefit and we had also as part of our snow removal policy that we adopted here a couple of
months ago. We were looking at taking that section or including that anticipated in case it
would happen to add that to the City would be clearing those sidewalks so that we wouldn’t
rely upon the residents to having to do that on that route to the school. It's kind of a public
safety component for the school.
Council Member Leehy adds to what the Mayor said by saying the 40%, 60%, and 100% is
excluding the sidewalks that was taken off the calculation rather than it being included in the
calculation, so that gives a little bit of understanding of one of the ways the assessment was
lowered.
Freihammer states that is correct and just to clarify. The first table you see on page 13 of the
feasibility report shows the reason we kept the sidewalk separate is that’s the cost we use to
apply the front footage to determine the 100% cost and then apply the 40% and then the table
below is an additional cost to the project if sidewalks were added.
Council Member Wehyee asks when we had this discussion before about the assessments. I
believe that all of us on Council were very sympathetic to what residents would be paying,
particularly in the context of what property taxes are going to look like and everything else. So,
Council Member Wehyee was wondering is there any other tools or resources that we could tap
into to help maybe reduce the assessment for some of the residents. Is there anything else we
can do as a City to do that?
Linehan says the tricky part… so our policy, as it's written, dictates that assessment percentage
is based on total cost, so it's not based on, for example, if we took funds from somewhere else
and put it towards the project, that doesn't reduce the total cost of the project. The project cost is
the project cost minus the sidewalk. So, that one of the difficulties of it, the policy is very clear in
how it's laid out, and so part of it, too, is any amendments to the policy continue forward. That's
one thing the Council does need to consider this a funding mechanism. Our property tax rate is
built on the idea that this assessment rate is set so that this one consideration is our property
taxes will need to be reevaluated if the assessments were changed.
Council Member Leehy asks regarding residents who were not assessed on their other side but
were assessed on Garden. Could anyone speak to that?
Freihammer says I cannot speak to what happened 30 years ago. The assessment policy might
have been different, so I don't have any previous knowledge of what the old assessment policy
was before 2007, but since 2007. Those residents shouldn't be assessed on the short side of the
lot, only on the long side. So, you should never get it even though we have two projects back to
back. Residents would only get assessed for one project. This does vary from City to City;
probably about half of the cities do it this way, and other cities do it other ways.
Council Member Leehy asks, so, are they supposed to be assessed on the short side?
Freihammer says they are supposed to be assessed on the long side. 100% long side and 0% on
the short side.
Mayor Gustafson says, I think probably at one point in time in the 1990's, I paid $4,000 for my
assessment street, which was quite a blow at that point in time. Probably similar inflation wise
to what we are seeing happening on Garden here. But, those that lived on the corner next to me,
they got hit on both sides of their property. So, that changed as of terms of how it was
configured at that time. Some cities take a corner lot and they take the total distance between
the two and cut in half, and then they get charged for half of that frontage foot if the project is
going both ways.
Council Member Leehy and Mayor Gustafson say we had that in the University Grove area. We
had some of those curved streets in the Grove. When the City did the 2019 pavement
improvement project, some of those assessments for the people that lived on the wide part of
the curve, where the street curved wide in front of them versus short. They didn't have a corner
to be a long side, short side, and then we were able to work out some mathematical
configurations to figure out which would have been a corner and which one as they applied. I
think we applied that to four or five properties that appealed the assessment packet back then.
Council Member Meyer states he is very sympathetic to the residents on Garden. I am also
thanking my lucky stars that I do not live on Garden and be faced with that. That's huge, having
to look at up to $9,000, on average, for this assessment is rough, and I guess we have not looked
at the assessment policy since 2007… so, 15 years. There are some interesting ideas about doing
it differently, perhaps based on home value. I know we are on a little bit of a timeline in terms
of getting the contractors going and putting things together. What are our options to take a look
at the assessment policy, and what does that look like?
Linehan says I am may also have to rely on Freihammer for this, but I believe once we order this
improvement, the final assessment is next fall; so, that's the final assessment hearing, that's the
point when residents can oppose their assessments. They could essentially do a petition against
it, but at this point, I am not certain as to what the remedy is.
Freihammer says I think there is time in between if the Council so chooses to change it. This just
gets the project moving forward based on a pulmonary estimate of what the project costs would
be in how they would be split up. Freihammer thinks the big thing is if you make a choice to do
something different like you said, that will carry forward to other projects, most likely because
you will be amending your policy. Freihammer thinks that if the Council isn't putting more of a
burden of passing more on, which he doesn't believe is the intent to pass more on. He thinks
that the Council will certainly amend it to say 30%. Ultimately until it goes to the final
assessment hearing, the way the rate is calculated it can be changed, or you could always set a
maximum amount. Freihammer thinks that one of the residents kind of referenced that, so that
could be an option. Where you say this is the linear foot cost, but it caps out at $6,000 or
something that could be an option. The big thing is whatever isn't being paid for by assessments
needs to get for by another fund, so you will need to identify what that funding cost is. Now
certainly, there is an opportunity. As you said, this is just ordering in the improvement and
moving it to the next step. As Freihammer has mentioned, the big step where the cost becomes
much more detailed is when we open bids. Freihammer states that we contingency built in this
cost right now. We would still keep some of that for overruns and issues that come with the
project, but that number goes way down once you see the actual cost because we know the
quantities are going to be very close, so that could be another checking point like you said our
goal if this moves forward on the current timeframe would be in February. Hopefully have the
award of the bid, so there could be some time to make some more decisions, but it does cause
some confusion too with the residents because you are moving forward without an answer.
Council Member Wehyee asks if we could move forward with this as is and in the interim
before the project is actually completed. We could reassess our policy, make any sort of
amendments and let that be the new standard.
Freihammer says that's correct because ultimately, to Jesse, if you follow the same policy when
you went to public hearing. The Council has to approve the assessment roll, and the Council
could improve the assessment role different than what the policy is. As Freihammer has
mentioned, the Council could cap it. Freihammer says it is at the Council's prerogative, but you
are deviating from your policy the policy was written to be theoretically fair for all projects
throughout the City, so there are consequences of doing that. You need to think of that.
Council Member Leehy says just the domino effect and where would we find the funds for it
without changing the levy.
Mayor Gustafson says there are costs to maintaining your roads and streets. It's one of the
things that affect your quality of life living in a city. I know that we are going to face this issue
in two years when we look at the reclaim project that we need to do in Falcon Woods because
there once again. We've got a roadway that can’t do a mill and overlay because it needs a
complete reclaim and rebuild. That process is going to be a part of that, and there being a closed
a neighborhood, the benefit is to the people who live there. The fact that the developer didn't do
it right in the 1980s to build the road, to begin with, then as it was improved comes later then,
so you have that cost of living for doing that. We tried to so a mill and overlay whenever
possible because, as we can see, the cost is a third versus the cost of a reclaim when the roads
get out of balance.
Council Member Meyer says you mentioned 2% above the bonding and 3% for interest. Is that
for administrative costs, or what’s up with that?
Linehan says it captures partially administrative cost and cost of administering the entire
process. Part of it to is when we budget this, we assume at a good amount, and we may get 40%
of the cost upfront. So, the people who prepay their assessment we might get 40%. For this
project, based on the assumed assessment, we are assuming less, so part of it is to help us with
the bond itself because we have budgeted that we are going to do between $675,000 to $875,000
for this bond next spring once we open bids and know the cost but a lot of that is determined on
what costs are included also what the assessment amount is.
Council Member Meyer asks, so it's not a profit-generating mechanism.
Linehan says no; it essentially covers costs and covers our bond cost, all of the various debt
costs, and auditing costs to carry this debt forward as a cost in of itself. So, it just covers our
cost. We do not collect a profit. A good example is when University Grove was redone, they
prepaid their assessment at a record rate. Because of that, the bond and the debt fund is in very
good shape. We are going to pay that off a year early. So, it will save the City and residents as a
whole funds, but assign all that fund goes towards the debt payment, not towards the City.
Freihammer adds that 2% is extremely common for cities to do that. Roseville does that as well.
Council Member Meyer says the school and the church pay 100%. Is that because they don’t pay
property taxes?
Linehan and Freihammer both say that is correct.
Council Member Meyer says there is a lot of things to think about. Good ideas—Meyer had
never thought about how yellow lines in the middle might actually affect someone from trying
to move over and not break the law. At the same time, with a dashed yellow line, you don’t
really want to give people permission to pass on Garden and pass other cars, not that I think
that would happen. These questions of street design are fun to think about. So, one of the
options would be just to do the white stripping on the side, right?
Freihammer recommends not doing that option. If we did striping, Jesse would say at double
yellow and the fog lines (White shoulder lines) or no stripping. If you put the ones on the side,
it's doing no good because the intent is to make the lanes feel narrower, and if you don’t have a
center line, you’re not doing much. It's very a-typical for a lot of people to stripe the center line
and then not the shoulders, so you certainly do that option. Jesse recommends adding it just to
narrow it. As Jesse has mentioned, this is a very final design decision. If it moves forward, we
can certainly take it up and evaluate it some more and bring that back as a final design detail. I
mean, that’s a really simple add or delete.
Council Member Wassenberg says maybe there would be a white line as currently defining the
parking area, or is that kind of a non-standard thing that just happens to be there on the street
right now?
Freihammer says that could be. We can look at different things. Certainly, signage is required as
a part of state aid. We could potentially do the shoulder line, but it's not typical where you just
do the parking lane.
Council Member Meyer asks if there is enough room potentially to that green space next to the
sidewalk away for a bike path or just stripping for it.
Freihammer says bikes were mentioned. Jesse would say a typical road design this road 1200
cars a day, approximately well under 2000 cars a day. Most cities do not plan for dedicated
marked lanes for bikes. It's really a shared use. Jesse would say with Falcon Heights 20 mph,
that certainly even further applies. This isn’t a freeway, large volume road, high speed road or it
shouldn’t be at least so its really a share the road time thing. We could certainly introduce
additional pavement markings like “sharrows” or additional signage to share the road. It is still
very much a neighborhood road. It is a collector road but it is very much a residential it carries
about 3 times as much as Arona or Holton does just because its Garden and going to the school
but its still not a Roselawn. So, most of the time you are going to be riding your bike you’re
going to be not impacted by cars or cars have plenty to move around you.
Linehan says options two includes essentially a similar concept that does have buffer lane
which is a similar concept. That one could be used as a shared lane because it is not wide
enough to park in that model the City would sign that no parking and we would have to do
that via ordinance set the entire north side as no parking but it would then be kind of a shared
use so, between biking and walking.
Freihammer says it would just be a marked shoulder. Jesse does say that it most likely would
just be a solid white stripe similar to what it is in the front of the school. Freihammer corrects
and states that actually there’s no stripe there but you do it that way. But, the shoulder would
act as a defacto walking lane or bike lane it is just on one side of the street though because you
do have the parking lane.
Council Member Meyer says it still narrows it a little bit, right?
Freihammer says that option does not narrow the road. The road is exactly the same we are just
dedicating parking to one end and this is a perfect example of why striping might be needed
here because the road is going to look like you can park on both sides. The signs will be the only
thing indicating that people can’t park there.
Council Member Leehy says in the winter time it’s going to be even more challenging.
Freihammer says that is correct.
Mayor Gustafson says the one thing that this does do is that a lot of the objections from
previous years such as seven-eight years ago. When they were looking at this, the rules have
changed so that we can have a narrower road so we do not have to take more of the right of
way from any of the properties along Garden. We don’t have to go into the right of way
anymore than what we are currently doing and then the driveways won’t be impacted. That
was a concern because most of the properties along Garden have their garages facing Garden.
Freihammer says that is correct. All previous options I think that were identified in 2015. If a
sidewalk was shown the north curb line I think was a minimum of two feet of driveway would
have been impacted for a lot of property owners their garages are so close to the curb that
would have made their driveways unless they had a small car they wouldn’t have been able to
park it there. As Jesse has mentioned that was a starting point when we went through these
examples. We never showed a design where we went outside of that curb line so that’s how we
got down this path to where we are today.
Mayor Gustafson states does anyone have a motion to move the 2023 pavement management
project ahead selecting one of the options of one through four for Smelling to Holton and an
option five though seven from Holton to Hamline.
Council Member Meyer states that he knocked on a whole lot of doors and every single one
Meyer brought up that he wanted to put a sidewalk on Garden and he could not think of a time
where some body did not like that idea. Council Member Meyer states maybe he did not knock
on enough doors on Garden, but in general the community seemed very supportive of that and
in support with the principal and keeping the kids safe. Meyer states that option four is the way
to go.
Mayor Gustafson states that option seven in front the school really looks safe and meets the
needs there.
Council Member Wehyee also echoes Council Member Meyers comments. Council Member
Wehyee has a dog and they often go on walk in that area it’s scary to walk on the street without
any sort of barrier between us and vehicles. Also, just thinking again in terms of safety for
pedestrians and students. Wehyee is also partial to it and to the sidewalks as well. He knows
that there are several residents that have expressed opposition to it but he thinks overall just
thinking about the safety of the City’s young people. Thinking about the safety of pet owners
walking their dogs down the street. I do favor the sidewalk option. Wehyee also, wanted to
express his support for option 4 concept A on segment 1 and option 7 concept F for segment
two.
Council Member Meyer motions to approve
option layout of Garden Ave. Segment 1,
Option 4 and Segment 2, Option 7;
approved 5-0
Linehan says it is his recommendation to table the discussion of Ruggles Pathway for further
discussion and guidance because this does not need to be decided right now because it is not
being assessed.
Council Member Meyer motions to table
action required number 3 on approving or
denying to install the pathway on Ruggles
right of way; approved 5-0
Council Member Wehyee motions to
approve 2023 pavement management
project – order improvement and
preparations of plans and specifications;
approved 5-0
G. CONSENT AGENDA:
1. General Disbursements through: 11/03/22 $242,609.00 Payroll through: 10/31/22 $19,886.34 Wire Payments through: 10/31/22 $13,857.99 2. City Licenses 3. Approval of Job Description and Position Change of Part-Time Laborer to Full-Time
Public Works Maintenance Worker 4. Promotion of Matthew Chernugal to the position of Full-Time Public Works Maintenance Worker 5. Administrative & Communications Coordinator Brennan Sorensen – Six Month Employee Step Adjustment
6. 2023 Law Enforcement Services Contract Approval 7. Prosecuting Attorney RFP 8. Establishment of Capital Projects Fund 429 – 2023 Pavement Management Project Fund Budget 9. Revenue Bond Refund of $233,518.11 for Buhl GTA Investors – Amber Union
Project Council Member Leehy motions to approve the consent agenda; approved 5-0
H: POLICY ITEMS: 1. Resignation of Jim Wassenberg from Planning Commission 1. 2023 Law Enforcement Services Contract Approval
Mayor Gustafson is going to abstain from this the law enforcement services contact due to the fact the Mayor work for the Ramsey County Sheriffs Office. The Mayor states that he does not gain anything for the City doing this contact but he wants to make certain that he does not show a conflict of interest.
Council Member Wassenberg asks is this contract a continuation, is it a change in price or is it just inflationary? Linehan says essentially it is not included in the contract so it is kind of an interesting way that we do this there is a group of the city managers of each city that is has contract
city with the Sheriffs Office. There is a group that meets monthly and what they do is administer and approve the upcoming budget similar to how the City does it. They go through the process were the staff at the Sheriffs Department puts together the budget. For Falcon Heights portion unfortunately the budget in total is going up about 8.8% for all of the cities combined but the thing is its not going up not equally so some cities like
North Oaks is going up 5% and Falcon Heights is increasing by 14.5% next year. The reason being primarily we saw cost savings last year so the Cities contract was reduced for this year budget essentially so for 2022. The city got a temporary savings when the Sheriff’s Office got the contract for the Minnesota State Fair it was agreed that Falcon
Heights contractual agreement of paying for 6 deputies which is our allotment that the
City pays for is equivalent of 6 deputies that was reduced to 5.5 for this year. The Sheriff’s Office when the budget was approved it was September of 2021. They had just done the State Fair they assumed they would do the State Fair again maybe forever and when the County board did not approve that agreement and it was lost Falcon Heights is
basically being right sized back to 6 deputies plus then the City is getting the pools of
inflationary portion. So, Falcon Heights is getting hit harder than the rest of the contract cities. The increase this is about $175,000 to the City.
Council Member Wassenberg motions to approve the 2023 law enforcement services contract; approved 4-0 (the Mayor abstained from the vote)
I. INFORMATION/ANNOUNCEMENTS: Council Member Meyer appreciates the postponement of the Ruggles decision and the Environment Commission is planning on discussing it in future meetings. Meyer is also
happy to have a full Council again.
Council Member Leehy asks Linehan if there are any updates on Amber Union. Linehan states that Amber Union was issued their certificate of occupancy for the main
building was right at the end of September and the annex building was at the end of
October at that point the moves-ins started. Linehan states that move-ins have been extremely slow they are being held up through the process of income verification. The last Linehan has herd there maybe a dozen families into the building so far. Cushman and Wakefield the property managers are holding an open house on Saturday, November 19th
10am to 4pm. They are also hoping in doing ribbon cutting at a separate event.
Mayor Gustafson states the Community Engagement Commission will be meeting next Monday finalizing our efforts plans for the Human Rights Day event from 6 to 7:30 pm at the Falcon Heights City Hall it is a resource fair on various rights that people have
because if you don’t have basic rights then you don’t have human rights. I see that the
announcement went out as a part of our newsletter. The CEC recommends that everybody subscribe to the E-newsletter every week so that you can kind of get a feel for what’s going on in the City.
Linehan states:
• Community Police Needs Focus Groups
o As part of our police contract analysis, the City’s consultant, the Center for
Value-Based Initiatives will conduct a series of focus groups.
o These focus groups will be held from Tuesday, November 29th to Thursday,
December 1st in the evening.
o 8-12 residents will be selected per focus group to help answer questions on the
satisfaction with police services.
o 11 applications recent so far.
o Mailer going out to all residents inviting them to participate in the focus group,
also includes information on Human Rights Day
• Human Rights Day
o Speaking of Human Rights Day, it will be held this year on Thursday, December
8th from 6-7:30 PM at Falcon Heights Elementary School
• It will include a resource fair and other community resources
promoting human rights.
• Report of Shots Fired – November 8th at 7:22PM
o We have had residents reach out that heard shots fired at California / Pascal
Intersection on Tuesday, November 8th around 7:22PM
o According to the Ramsey County Sheriff’s Office, they recent multiple calls about
the incident. No shell casings were found. No injuries or property damage
reported. The incident was captured on multiple resident’s doorbell cameras,
which was turned over to law enforcement. An investigation is underway.
o This is an opportunity to plug the LexisNexis Community Crime Map, which is
updated at least daily and can help share information on events that do not trigger
a warning alert such as what happened in Roseville last month.
o The website is communitycrimemap.com, and search “Falcon Heights, MN”.
Under the “Filter” tab, you can select which crimes you want to see reports on or
select “all” to see all recent crimes in an area.
o The City also publishes weekly police report information at
https://www.falconheights.org/government/public-safety/law-enforcement-police-
services
o Working on putting out info on website addressing latest news/updates for hot
topics
Mayor Gustafson gives an update in the shots fired this morning. The Mayor talked to
Deputy LaNasa. Frank is often assigned to Falcon Heights. They did recover three .38
casings this morning. One of the residents on California found them. He collected them
and hoping that the rain did not wash away any of the prints.
J. 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.
Rice’ Davis 1470 California Ave. Rice’ states she lives very close to last night’s happening but she was not there she was being an election judge. Rice’ thanks the City and says she does not know how involved the City Council are with feeding the troops as it were. It was very kind of the City to do that. Some people were outside of the City came in to join us this time. They were shocked and Rice’ wanted to make sure thank the
City for doing that for them. Rice’ then asks how many cities does the Ramsey County Sheriff’s Office handle? Linehan says they handle seven contract cities.
Rice’ asks is that listed some place? Where she can look it up. Mayor Gustafson states they are Arden Hills, Falcon Heights, Little Canada, North Oaks, Shoreview, Vadnais Heights, and White Bear Township.
Rice’ asks about the lights on Larpenteur. She has noticed that for some time now that there are missing light posts on both the north and south sides of Larpenteur.
Linehan says the conduit underneath is faulty so at this point lights don’t turn on and it requires an entire replacement of all of the lights. Linehan says that they have the
replacement of all lights on Larpenteur in the capital plan for next year. It will be
partially funded through the TIF that’s at Falcon Town Square. The City believes that this is an eligible expense because it lights that area. That will be a part of the Cities December 7th capital discussion. The total cost is pretty steep. The 2022 price was estimated at $275,000 for all of the lights and the 2023 price might be more. The City is
probably going to budget about $325,000 to $350,000 to do all of the lights. So, in total
Linehan believes there are 22 lights west of Snelling and 14 lights east of Snelling. In addition, there are four at City Hall which would be included in that replacement. The City Hall lights do work but most of the ones on Larpenteur do not.
Rice’ asks so you are talking about having this done in 2023 or talking about it 2023.
Linehan says that the City Council will have it as a proposal its part of the capital plan. The City Council will discuss the capital plan at the December 7th City Council Workshop and one of the items that’s included in the capital plan for next year is the
lights.
Rice’ asks about the shots on California Avenue last night. Rice’ then asks are you notified as the City Administrator of that immediately by some means or how do you find out.
Linehan says usually that he has to reach out to the Sheriff’s Office. Rice’ asks is any of the City Council notified or not when you find out about it. Do you let them know?
Linehan say yes, he does let them know and in an ideal world they would let me know. Linehan states that he tries to follow social media and anything else to try to get information. If Linehan sees something or hears something he will reach out to the Sherriff’s Office or if he notices something. They will contact Linehan every now and
then there has been instances where they let Linehan know something is gong on.
Rice’ says in which case you would notify the City Council. Linehan states exactly, that’s one of the goals is being transparent if Linehan or the
Council knows stuff we like the residents to know as well. The City is looking at
updating the website for having a section that’s gives updates on these types of incidents. The City does have to work in the bounds of the Sherriff’s Office because they are the leas agency on it and we cannot overstep them. Sometimes it’s an active investigation so it’s a tricky balance.
K. ADJOURNMENT: 9:25 p.m. Council Member Leehy motions to adjourn; approved 5-0
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item 2023 Truth in Taxation Hearing to Adopt 2022 Tax Levy and Budget
Description
Each year the City Council is required to adopt a budget and tax levy to fund City
operations. This action must be completed before the end of the year, and the adopted
levy is then provided to Ramsey County so they can produce property tax statements for
each parcel in the County. On September 28th, the City Council adopted a preliminary
levy and established December 14th as the date at which the public would be given an
opportunity to address the Council about the proposed budget and tax levy.
Before the Council is a proposed property tax levy of $2,474,298 and a general fund budget
of $3,091,322. This represents an increase in the proposed levy of 4.83% and an increase in
the general fund budget of 5.3%.
The levy with a comparison to previous years is detailed below:
2021 Levy 2022 Levy Proposed 2023
Levy
% Increase
(Decrease)/
2022 to 2022
Ad Valorem $2,037,731 $2,166,934 $2,284,612 5.3%
Debt Service $211,544 $193,510 $189,686 -2%
Total $2,249,275 $2,360,444 $2,474,296 4.83%
The general fund budget with a comparison to previous years is detailed below:
2020 General
Fund Budget
2021 General
Fund Budget
Proposed 2022
General Fund
Budget
% Increase
2021 to 2022
$2,890,221 $2,937,516 $3,091,322 5.3%
Meeting Date December 14, 2022
Agenda Item Public Hearing F1
Attachment Resolutions(s)
Submitted By Jack Linehan, City Administrator
Impact on a median valued home in Falcon Heights:
2020 2021 2022
2023
Proposed
Change 2022 to 2023
Median
Value Home
303,450 314,600 309,000 362,150 53,150
Taxable
Median
Value
293,521 305,674 299,570 357,504 57,934
Tax Capacity 2,935 3,056 2,995 3,575 580
City Tax
Rate
36.4 37.813 38.741 35.14 -3.60
City Taxes 1,068 1,114 1161 1251 96
Net Change 65 46 47 96
The impact of this proposed levy on a median valued home, which in 2023 is assessed at
$362,159 (17.2% increase over 2022), is estimated to result in an increase of $96 in the City
portion of the homeowner’s taxes.
The City’s levy increase of 4.83% is among the lowest in the metro region. This is an
especially impressive feat considering the proposed budget faced numerous cost increases,
including our largest cost, the Ramsey County Sheriff’s Office Contract, increasing by
14.5%. Additionally, the budget includes a $3.6 million capital program that is the largest
in City history. Conservative budgeting practices, strategic cost reductions and new
intergovernmental partnerships to bring in additional revenue made this possible.
A full presentation with more details will be presented at the City Council meeting and
will be available on the City’s website. The 2023 proposed budget is available on the city
website here: https://www.falconheights.org/government/administration/finance
I want to specifically thank Finance Director Roland Olson and Accountant Alyssa
Landberg for their hard work and dedication to bring this budget together.
Budget
Impact
This budget preserves the core functions of the City’s current operations.
Attachment • Resolutions 22-57 Approving 2023 Tax Levy
• Resolution 22-58 Approving 2023 City Budget
Due to the size and cost of printing the 2023 Budget, the document is available on the
City’s website (https://www.falconheights.org/home/showdocument?id=2820) and at
City Hall.
Action(s)
Requested
Staff recommends that the Falcon Heights City Council hold a public hearing and receive
comment. Once the hearing is closed, staff recommends that the City Council adopt
attached resolutions regarding the 2023 Tax Levy and regarding the 2023 City of Falcon
Heights Budget.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 14, 2022
No. 22-57
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION ADOPTING THE 2023 TAX LEVY FOR THE CITY OF FALCON
HEIGHTS, COUNTY OF RAMSEY, STATE OF MINNESOTA
BE IT RESOLVED by the Mayor and City Council of the City of Falcon Heights, County
of Ramsey, State of Minnesota, that the following sums of money be levied for the taxes
payable 2023, upon the taxable property in the City of Falcon Heights, for the following
purposes:
CERTIFIED LEVY
GENERAL FUND
$2,284,612
DEBT SERVICE
$189,686
TOTAL LEVY $2,474,298
BE IT FURTHER RESOLVED that the City Administrator is hereby directed to transmit
a certified copy of this Resolution to the County Auditor and should extend the tax levy
in the amount of $2,474,298 to be collected for the year 2023.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson
Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MEYER Jack Linehan WASSENBERG ___ Against City Administrator LEEHY WEHYEE
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 14, 2022
No. 22-58
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION ADOPTING THE 2023 BUDGET
BE IT RESOLVED by the City Council of the City of Falcon Heights that the General Fund Operating
Budget for the year 2023 in the amount of $3,091,322 and other Fund Budgets as listed are adopted.
Fund Name Fund
Number
Amount
($)
Park Program Fund 201 38,110
Charitable Gambling 202 1,000
Community Garden 203 1,000
Water Fund 204 19,252
Recycling Fund 206 117,816
Community Development Fund 208 9,100
Street Light Utility 209 69,950
Community Inclusion 210 39,000
GO Improvement Street Series
2017A
316 140,325
GO Improvement Street Series
2021A
313 147,800
General Capital Improvements 401 9,300
Public Safety Capital 402 800
Parks Recreation/Public Facilities
Capital
403 1,646,900
TIF District #1-3 414 557,600
TIF District #1-4 415 46,900
Infrastructure Capital 419 640,800
2021 Street Project 426 120,800
Amber Union 428 800
2023 Street Project 429 1,456,800
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- Moved by: Approved by: ________________________
Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ___ Against City Administrator
WASSENBERG WEHYEE
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item General Disbursements, Payroll and Wire Payments
Description
General Disbursements through: 12/06/22 $555,890.87
Payroll through: 11/30/22 $39,434.85
Wire Payments through: 11/30/22 $29,012.70
Budget Impact The general disbursements, payroll and wire payments are consistent with the budget.
Attachment(s) • General Disbursements, Payroll and Wire Payments
Action(s) Requested Staff recommends that the Falcon Heights City Council approve general
disbursements, payroll and wire payments.
Meeting Date December 14, 2022
Agenda Item Consent G1
Attachment General Disbursements. Payroll, and Wire Payments
Submitted By Roland Olson, Finance Director
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approval of City License(s)
Description
The following individuals/entities have applied for a Municipal Business
License for 2023. Staff have received the necessary documents for licensure.
1. Golden Tailor
2. American Family Mutual Insurance
3. National Dentex Twin Cities Laboratory
4. Merwin Liquors
5. Northern Tier Retail LLC DBA: Speedway #4353
6. The F.I.T. Lab
7. H1 HH MN Inc DBA Honest-1 Auto Care
The following individuals/entities have applied for a Gasoline Station
Operator License for 2023. Staff have received the necessary documents for
licensure.
1. Northern Tier Retail LLC DBA: Speedway #4353
The following individuals/entities have applied for a Retail Grocery License
for 2023. Staff have received the necessary documents for licensure.
1. Northern Tier Retail LLC DBA: Speedway #4353
The following individuals/entities have applied for a Tobacco License for 2023.
Staff have received the necessary documents for licensure.
1. Merwin Liquors
2. Northern Tier Retail LLC DBA: Speedway #4353
The following individuals/entities have applied for a Home Occupation
License for 2023. Staff have received the necessary documents for licensure.
1. Cynthia Cyd Wicker
2. NeoBlossom
3. Sampson Miller Advertising
4. Pamela M Harris PLLC
Meeting Date December 14, 2022
Agenda Item Consent G2
Attachment N/A
Submitted By Kelly Nelson
Assistant to the City Administrator
The following individuals/entities have applied for a Tree Contractors License
for 2023. Staff have received the necessary documents for licensure.
1. Twin City Tree Service
2. Vineland Tree Care
3. Precision Landscape and Tree
4. Tree Trust
5. Northern Arborists
6. The Davey Tree Expert Company
The following individuals/entities have applied for a Refuse & Recycling
Hauler License for 2023. Staff have received the necessary documents for
licensure.
1. Curbside Waste, Inc.
2. Walter’s Recycling & Refuse
3. Gene’s Disposal Service Inc.
4. Aspen Waste Systems of Minnesota, Inc.
The following individuals/entities have applied for a Multifamily Rental
Dwelling License for 2023. Staff have received the necessary documents for
licensure.
1. Midtown 2500, LLC – 1634 and 1642 Snelling Ave. & 1561 Idaho Ave.
2. Edward Properties – 1504 Larpenteur Ave. W.
3. Capreit Management – 1530 and 1550 Larpenteur Ave. W.
The following individuals/entities have applied for a Restaurant License for
2023. Staff have received the necessary documents for licensure.
1. New Fresh Wok
2. Dino’s Gyros
3. Stout’s Pub
The following individuals/entities have applied for Holiday Tree Sales for
2022. Staff have received the necessary documents for licensure.
1. University of Minnesota Forestry Club
The following individuals/entities have applied for a Liquor License for 2023.
Staff have received the necessary documents for licensure.
1. Merwin Liquors
2. New Fresh Wok
3. Dino’s Gyros
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends approval of the City license applications contingent on
background checks and fire inspections as required.
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Appointment of City Attorney
Description
Falcon Heights has used the law firm of Campbell Knutson, P.A. for Civil
Attorney services for many years. Andrea McDowell-Poehler is the main
contact, but the City uses various attorneys in the firm for our daily needs.
Budget Impact Funds have been allocated in the 2023 Budget.
Attachment(s) N/A
Action(s) Requested Staff recommends that the Falcon Heights City Council approve the law firm
of Campbell Knutson, P.A. for civil legal services for 2023.
Meeting Date December 14, 2022
Agenda Item Consent G3
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Appointment of Interim City Engineer
Description
For several years the City has contracted with the City of Roseville for
engineering services. The City’s current City Engineer, Jesse Freihammer, has
been promoted from Assistant Public Works Director/City Engineer to Public
Works Director for the City of Roseville. Due to the additional responsibilities
associated with the promotion, Jesse will no longer be able to serve as Falcon
Heights’ primary engineer.
Roseville’s Assistant City Engineer Stephanie Smith has worked with the City
for multiple years now and is very capable of stepping up as the City of Falcon
Heights’ City Engineer.
Roseville is currently hiring Jesse’s replacement. When a permanent Assistant
Public Works Director/City Engineer is named for Roseville, it is our intent to
bring forward a new appointment recommendation for permanent
appointment.
Jesse will remain involved in the 2023 PMP to see it through to completion.
Budget Impact Funds have been allocated in the 2023 Budget.
Attachment(s) N/A
Action(s) Requested Staff recommends the approval of Stephanie Smith and the City of Roseville
Engineering Department as City of Falcon Heights’ Interim Engineer for 2023.
Meeting Date December 14, 2022
Agenda Item Consent G4
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Appointment of City Auditor
Description
Each year the City is required to have an independent firm audit our financial
records. For the past several years, we have used Kern-DeWenter-Viere as our
auditors, and we have been very satisfied with their services.
Budget Impact Funds have been allocated in the 2023 Budget.
Attachment(s) N/A
Action(s) Requested Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City
Auditor for 2023.
Meeting Date December 14, 2022
Agenda Item Consent G5
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Designation of Official Newspaper
Description
State statute requires that a city designate a legal newspaper of general
circulation in the city. This newspaper is used when the city is required to
publish legal notification regarding public hearings, elections and city financial
matters. Based on circulation of the Pioneer Press in Falcon Heights, staff
recommend that the city designate the Pioneer Press as the legal newspaper for
2023.
Budget Impact Funds have been allocated in the 2023 Budget.
Attachment(s) N/A
Action(s) Requested Designate the Pioneer Press as the city’s legal newspaper for 2023.
Meeting Date December 14, 2022
Agenda Item Consent G6
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item 2023 Cost of Living Adjustments (COLA)
Description
As part of the 2023 Budget process, employee salaries are adjusted based on
various factors, one of which is a cost-of-living adjustment (COLA).
Incorporated into the approved 2022 budget is a four (4) percent increase for
all regular, non-seasonal employees. This cost of living adjustment will be
extended to permanent part-time employees as well.
Budget Impact The four percent COLA is incorporated into the approved 2023 Budget.
Attachment(s) N/A
Action(s) Requested Staff recommends that the Falcon Heights City Council approve a four percent
cost of living adjustment for all regular, non-seasonal city employees for 2023
as reflected in the approved 2023 Budget.
Meeting Date December 14, 2022
Agenda Item Consent G7
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Statutory Tort Limits Liability Coverage for City in 2023
Description
Effective January 1, 2023, the statutory tort limits for the City of Falcon Heights
under our insurance policy with the League of Minnesota Cities Insurance
Trust will continue to be $1,500,000. An individual claimant would be able to
recover no more than $500,000 on any claim to which the statutory tort limits
apply. The total which all claimants would be able to recover for a single
occurrence to which statutory tort limits apply would be limited to $1,500,000.
The League of Minnesota Cities Insurance Trust is requesting that cities
determine if they wish to waive the statutory tort limits for 2023. Under
certain circumstances the LMCIT, which represents the city in these claims,
may negotiate above the legal liability limit if necessary because some claims
like employment are exempt from the cap. The general council from the
LMCIT states that cities make different choices depending upon their
circumstances. However, they perceived that maintaining the limit was
prudent in many cases. The city has had no claims for settlements for several
years. Since 2000, the city council has voted not to waive the statutory tort
limits.
Budget Impact N/A
Attachment(s) Liability Coverage Waiver Form from the League of Minnesota Insurance
Trust (LMCIT)
Action(s) Requested Staff recommends that the Falcon Heights City Council approve a motion not
to waive the city’s statutory tort limits for 2023 and authorize the City
Administrator to execute all documents.
Meeting Date December 14, 2022
Agenda Item Consent G8
Attachment N/A
Submitted By Roland Olson, Finance Director
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Budget amendments and transfer of funds for the 2021 Street Pavement
Management Project Fund 426 for Infrastructure Fund 419.
Description Additional repair work on the 2021 street project requires budget amendments
and a transfer of funds to keep the fund balance for Fund 426 in a positive
balance for year end. Staff recommends the following budget amendments for
the following funds and completion of a transfer of funds for $20,000.
Transfer from:
Fund 419 Infrastructure
419-4419-97000 $20,000
Transfer to:
Fund 426 2021 Street Project:
426-39200 $20,000
Budget Impact Additional repair work on the 2021 street project caused the increase in budget
and expenses.
Attachment(s)
Action(s)
Requested
Staff recommends the above mentioned budget amendments and transfer of
funds for the 2021 Street Project PMP Fund 426 from the Infrastructure Fund
419.
Meeting Date December 14, 2022
Agenda Item Consent G9
Attachment
Submitted By Roland Olson, Finance Director
BLANK PAGE
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Path/Sidewalk Maintenance Map
Description
The City Council discussed the Path/Sidewalk Maintenance Map at our August 3rd,
2022 workshop. It was determined that if Garden Avenue was approved with a sidewalk that the City would assume responsibility for the maintenance and snow removal of the sidewalk. The City Council approved the construction of sidewalk for Garden Avenue on November 9th, so now it would be appropriate to approve an
updated plowing map.
The attached map highlights with a blue dash where the City would now remove snow.
Once approved, the map will be updated to highlight City sidewalk plowing responsibility in dark blue.
Larpenteur Avenue
The City of Falcon Heights has sidewalks that run parallel to Larpenteur Avenue from
Hamline Avenue to Coffman Street on the south and Fulham Street on the north. These sidewalks service residential and commercial uses as well as the State Fair and the University of Minnesota.
Larpenteur Avenue is a County Road. It is classified as an A-Minor Arterial road which contains four drive lanes servicing thousands of cars a day, approximately
17,200 in 2015 per the City of Falcon Heights Comprehensive Plan. For snow removal
on Larpenteur Avenue, Ramsey County maintains a clear pavement, curb to curb policy. Due to the little, or no, boulevard on Larpenteur Avenue the snow storage for Larpenteur Avenue is de facto the sidewalk.
Currently, the City requires and specifies that all property owners must remove all
snow and ice off the sidewalks within 24 hours of the end of a snow event. Generally, there must not be snow or ice on the sidewalk per the City’s nuisance ordinance.
Larpenteur Avenue presents unique challenges to this requirement. The narrow boulevard places most, if not all, ice and snow from all four lanes on the sidewalk. The
volume of snow and ice is a great burden for property owners who do not have
professional or commercial grade equipment. Additionally, the City has been notified of instances where the County will continue to plow Larpenteur Avenue after property owners have cleared their sidewalks. This makes sidewalks appear uncleared and
Meeting Date December 14, 2022
Agenda Item Consent G10
Attachment Updated Path and Sidewalk
Maintenance Map
Submitted By Jack Linehan, City Administrator
subject to code violation even though the owner has already put in effort to clear their sidewalk in a timely manner.
The clearing of sidewalks on Larpenteur Avenue has been an area of contention for property owners. City staff received frequent complaints from owners that remove snow multiple times and still receive letters of enforcement because the County as
cleared the road later in the week and deposited additional snow on the sidewalk. City staff also received frequent complaints from travelers on the sidewalks who complain that the walkways are not passable.
Garden Avenue
With the completion of the 2023 PMP and the construction of sidewalks along Garden
Avenue, City Staff recommends snow removal on Garden Avenue due to safety concerns of children walking to and from school.
Budget Impact
Attachment(s) Updated Path and Sidewalk Maintenance Map
Action(s)
Requested
Staff recommends the City Council approve the attached sidewalk plowing
and maintenance map.
Proposed City Maintained
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Appointment of Hannah Lynch to the position of Community Development Coordinator/Planner
Description
After the resignation of Paul Moretto as the Community Development
Coordinator/Planner, the City launched a search of candidates for a replacement.
The City received nine applicants and interviewed five for the position. Two candidates were brought back as finalists. Environment Commission Chair Beth Mercer-Taylor and Planning Commission Chair Scott Wilson served on the finalist interview panel.
Ultimately, Hannah Lynch was the selected candidate. Hannah most recently served as the Zoning Administrator for Polk County, North Carolina. Hannah served in this role for four years and was responsible for reviewing all subdivision requests, plats and plans for the County. Hannah developed zoning
recommendations for the County and served as the administrator for their Board of Adjustments hearings on special use permit requests, appeals and variances. The City is excited to welcome Hannah to our community.
Budget Impact Funds are appropriated for this position.
Attachment(s) • Resolution 22-59 Appointment of Hannah Lynch as Planner/Community
Development Coordinator
Action(s)
Requested
Staff recommend approval of attached resolution accepting the appointment of Hannah
Lynch as Community Development Coordinator/Planner.
Meeting Date December 14, 2022
Agenda Item Consent G10
Attachment Resolution
Submitted By Jack Linehan, City Administrator
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
December 14, 2022 No. 22-59 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING HANNAH LYNCH TO THE POSITION OF PLANNER / COMMUNITY DEVELOPMENT COORDINATOR/PLANNER FOR THE CITY OF FALCON HEIGHTS WHEREAS, on September 29th, the position of Planner/Community Development Coordinator became vacant after a resignation; and WHEREAS, thereafter the position was posted and candidates were interviewed by the City Administrator, Staff and Commission Chairs; WHEREAS, the position was offered to and accepted by Hannah Lynch; WHEREAS, Hannah Lynch has a start date of December 15th, 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Appoint Hannah Lynch as the Planner/Community Development Coordinator. 2. Authorize compensation of $74,880.00 annually. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________
MEYER Jack Linehan LEEHY WASSENBERG
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Resignation of Jim Bykowski from the Environment Commission
Description
The City has a rotational seat on the Board of Water Commissioners. The City’s
rotation was scheduled for January 1, 2020 through December 31, 2023. In
Resolution 19-45, the City appointed Jim Bykowski to serve as our
representative. In August, Mr. Bykowski indicated that he was resigning from
his seat.
Budget Impact N/A
Attachment(s) • Resolution 22-60 Resignation of Jim Bykowski from Board of Water
Commissioners for Saint Paul Regional Water Services
Action(s) Requested Staff recommends approval of attached resolution accepting the resignation of Jim
Bykowski from the Board of Water Commissioners for Saint Paul Regional Water
Services.
Meeting Date December 14, 2022
Agenda Item Consent G12
Attachment Resolution
Submitted By Jack Linehan, City Administrator
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2022 No. 22-60 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ACCEPTING THE RESIGNATION OF JIM BYKOWSKI FROM THE BOARD OF WATER COMMISSIONERS FOR SAINT PAUL REGIONAL WATER SERVICES WHEREAS, the City of Falcon Heights has received water services from the Board continuously since
1963 pursuant to the terms of retail Water Service agreements between the Board and Falcon Heights; and WHEREAS, on October 23, 1996, the City of Falcon Heights and the Board executed a Memorandum of
Understanding, by which the Board will provide water services and take over ownership of water infrastructure to properties within Falcon Heights ; and WHEREAS, the Memorandum of Understanding went into effective January 1, 1998; and WHEREAS, Falcon Heights’ representative on the Board of Water Commissioners, Jim Bykowski, indicated he intended to resign from the Board in August; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota accepts Jim Byowski’s resignation as the City of Falcon Heights representative to the Board of Water Commissioners for Saint Paul Regional Water Services - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________ Randall Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator
WASSENBERG WEHYEE
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AGREEMENT BETWEEN
BOARD OF WATER COMM1SSIONERS
AND
CITY OF FALCON AEI GUTS
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This AGREEMENT, made and entered into ns of~ day 'or f)=~ . 1997, by
and between the BOARD OF WATER COMMJSSIONERS, a municipal corporauon of the State
of Minnesota, heieafter referred to as ''Board" or "Water Uulity", and the CITY OF FALCON
BEIGBTS, a municipal corporation of the State of Minnesota. hereafter referred to a.s "falcon
Hetghts"
WITNESSETH:
WHEREAS, The Board has been provtding water semces to propcnies located within the
City' of Falcon Heaghts continuously since August of 1963 pursuant to the terms of retail Water
Servtce agreements between the Board and falcon Hetghts; and
WHEREAS, The Board and Falcon Hc:aghts have now executed a Memorandum of
Understandmg, dated Oaobcr2J, 1996, by whlc:h the Board will provide water service$ tO properties
within the City of Falcon Heights at water rates that will b«ome equal to the rates charged within
the City of Saint Paul, suburban communities -will have representati on on the Ooard of Water
Com1111ssioners, that Falcon Heights wi ll convey title to its water filciliucs to the Board , and Falcon
• Heights will pennit the Board to maintain its mains within Falcon Heights' streets
NOW THEREFOR£ in consideration of the respective covenants contained herein the
Board and Falcon Heights do hereby agree as follows
9-I 771-( tJ I
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ARTICLE I
Secuon I EFFECTIVE DATE
This agreement will become effecrive on January I, I 998 after signing by the designated
offi cials as aurhorized by resolutibn of the Board of Water Commissioners and tho City of Falcon
Heights' City Council.
Sc:cuon 2 EXISTING CONTRACTS SUPERSEDED
As of the effective date of this Agreement all previous agreements and eontracu existing
between rhe Board and Falcon Heights shall be and are hereby superseded.
Section 3 BOARD REPRESENTATION BY FALCON HEIGHTS
An ordmancc, dated December I I, I 996 by the Saint Paul City Council, has been approved
amending the Saint Paul Home Rule Chancr so as to increase the membership. of the Board of Water
Commissioners and allowing the appointment of a suburban representative to rhe said Board In
accordance with the terms of the amendment to the Saint Paul City Charter, the suburban
.
representative on the Board of Water Commissioners will init.ially be a resident of the City of
Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term
of four (4) years In the event of a tic vote on any 1ssue, rhe Mayor of Saint. Paul shall be considered .
an ex officio member oft he Board with the right to vote to break the tie vote.
N '\IAUlERTSII'ALCON CON Aprll ll. I ?9? 2.
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Section 4
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ADDmONAL SUBURBAN BOARD REPRESENTATION
In the event that at least three (3) additional suburban cities enter into agreements with the
Board that are similar to the Maplewood Agreement, Wuter Board mernbersh1p will be expanded
to seven (7) members. The two (2) non-Saint Paul resident members will thereafter represent all the
suburban cities, including Maplewood
In the event that the total of residential accounts plus commercial and industrial accounts
(excludmg auto-lire accounts) of communities outside the City of Satnt Paul and served by
agreements similar to this Agreement exceeds·fony-three percent (43%) of the total Doard's
accounts, the number of Saint Paul appointees will be changed to four and suburban representation
to three
ARTICLE II
Section I. BOARD TO EXTEND SER VlCE TO FALCON HEIGHTS
The Board will extend its water service to propenies located within the City of falcon
He~ghts subject to tile rules and regulations enaeced by the Board of Water Comm1sstoners and m
accordance wnh the terms ofthis Agreement.
Falcon Heights does hereby concur in the Board's extension of its water service and does
hereby grant pennission to the Board to construct, operate. maintain, repair and replace its mains
and other appunenanc:es necessary therefore within the streets and right-of-ways within the City
of Falcon Heights. including the streets set fonh on the auaehed Exhibit "A", and as may be
added by resolution of the Falcon Heights City Council
N lo\11\UJERTSII'ALCON CON AprillJ, tm 3
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Scct1on 2 AUTHORJTY TO EXTEND SYSTEM
Falcon Heights does hereby agree that the Board may use streets and right-of-ways.
including public casements, for the purpose of extending the Board's water service system to
mumcipnhtics beyond the corporate limits of Falcon Heights. Routing of mains and
appurtenances will be coordinated with Falcon Heights' City Administrator and subject to the
approval of the Falcon He1ghts C1ty Council, wh1ch approval will not ~ unreasonably withheld
The Board will ~solely responsible for all costs IISSOtlated with the construction of water
mnms, mcluding the design, construcuon and street restoration. The Board will re1mbursc
Falcon Heights staff for staff time and expenses incurred for plan reviews.
Section 3. EXISTING MAINS. APPURTENANCES OWNED BY FALCON
HEIGHTS
A) Upon the effective date of th1s Agreeme:ll the Board will assume the ma1otenance
and repa~r of the existing water mains, fire hydrants, service connections and appurtenances,
includmg street repair and turf maintenance on water service related property, presently owned
by Falcon Heights, except as follows
B) Board and Falcon Heights hnve jomtly identified areas oft he existing Falcon
lieights system that will require upgrading to be equal to the Board's standards, which are
detillled 10 the anached Exhibit "B" Board will replace, recons1ruct or upgrade through
mamtenance, at its option, those facili ties noted in Exh1bit "B".
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Section 4.
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FALCON HEIGIITS TO CONVEY TITLE TO FACILITIES
Commencing January I, 1998, water rat~ to be charged by the Board to properues
located within the City ofFa.lcon Heights will be adjusted in accordance with the scbedule m
Anicle Ill Falcon Heights will, by resolution of itS City Council, and by_ appropriate deed of
conveyance acceptable to the Board, convey to the Board all of its right, title and interest to all
water mains, fire hyd~ts, service connections and appurtenances owned by Falcon Heights. On
January I, 1998. or as soon -thereafter as is possible. Falcon Heights will also convey fee simple
tille to the real estate on which uny water system appurtenances are located, excluding those
facilities which are within public streets or nght-of-wuys. It is intended by the panics hereto that
the said conveyances shall be free and clear of all liens and encumbrances whatsoever, and
thereafter title shall remain with the Board except 113 may be otherwise provided by the terms of
this Agreement.
AltTICLE m
Section I. WATER RATES
The following schedule of water rates and charges to be made by the Board shall apply to
propcnies located within City of Falcon lleights
1998 120 percent of Snint Pnul rntes
1999 120 percent of Saint Pnul rates
2000 I t 9 percent of Saint Paul rates
200 I 117 percent of Saint Paul rates
2002 114 percent of Samt Paul rates
200J and
thereafter I 00 percent of Samt Paul rates
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ARTI CLE tv
Sccuon I CONSOLIDATION OR ACQUISITION; FALCON HEIGHTS' OPTIONS
In the event that the Board ceases to operate in its present fonn due either to
.~
consolidation with u local or regional authority or to nn acquisition of its assets by another entity,
it is the intent of the Board and Falcon Heights to protect the right of Falcon Heights' properties
to the continued supply of an adequate water service as weU as allow falcon Heights to be
adequately compensated for its previous investments in the water facilities located Within falcon
Heights
Therefore, to the extent legally perm1ssiblc the Board will insure that in nny consolidauon
or conveyance, Falcon Heights will have the option to either tenninate this agreement or
negotiate a new water service agreement with the authority or entity.
In the e~ent Falcon Heights should elect to tenninate this agreement, then and in that
event it is hereby agreed that.
a) The Board will reconvey title to the facilities and real estate previously conveyed
by Falcon Heights pursuant to Article II, Section 4 of this Agreement for the sum
ofSI.OO.
b) The Board will require. to the extent legally permissible, that the alternate
authority or new owner execute a water serv.ice contract with f alcon Heights so as
to continue to provide an adequate water service "to propenies located Within
Falcon Heights.
N.IMAUJER1W...U:ON COS 1\pnllJ. 1?97 6
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c) The Board will be compensated for the depreciated value of all water mains and
other water service facililies, including water meters, lire hydrants, and other
appunenanccs, constructed by the Board within Falcon Heights from and after the
date of the execu1ion oflhis Agreement. 11 is contemplated thnlthe Board wiU
receive compensa1ion from 1he ahema te water authority or new owner, and not
from Falcon Hetghts.
In the event thai Falcon Hetghts elects not 10 terminate this Agreement, the Board will
require that the alternate authority or new owner assume the Board's contractual obligations as
set fonh in this Agreement, and will require that Falcon Heights be compensated for the
amoniud value of the facili ties and real estate previously conveyed to the Board pursuam 10
Article II, Section 4, oflhis Agreement
Section 2 FAClLITlES INVESTMENT
The Board will monitor and track all wa1er system infiastruclure investment.s within
Falcon HeighiS to identify 10 what degree those inveslments benefit or do not beneli1 Falcon
Heigh IS
The Board will monitor and 1rack its inves1mem in major infrastructure investments in the
service system, trea1men1 plant. and transmission mairu outside of Falcon Heights to identify if
!hose investments benefh Falcon Heights and 10 whal degree Falcon Heights will furnish 1he
Board with 1he asset value of its existing water system for 1he Board's records
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ARTICLE V
NEW WATE R SYSTEM DEVELO PMENT
Section I MAINS CONSTRUCTED BY FALCON HEIGHTS
Where Falcon Hetghts is installing. or haYing mstalled, in a designated project new water
matns. service connections and appurtenances for the distribution of water within the corporate
limits ofFlllcon Heights all conSLruction shall be in accordance with specifications and standards
of the Board Plans of all extensions to the water system by Falcon Heights shall be submitted
for approval by the Board before advertismg for bids, the awarding of contracts and actual
construction is begun This initial construction for water system expansion shall be considered
development c-osts and shall be provided at no expense to the Board. Falcon Heights agrees to
provide the Board wuh "as-built plans" of all extensiOns of the water system.
Section 2 NEW FACfLITTES; FURNISHED BY BOARD
The Board may construct and maintain new water service faci lities and appu rtenances,
including any and all oxtcnsions of such facilities and appurtenances. Title to all such facilities
shall be held by the Board.
Secuon 3. WARRANTY
The Board and Falcon Heights further ngree that as Falcon Heights constructs and
contracts for the construction of new mains, serv~s and appurtenances to be connected' to the
system and supplied with water by the Board that the Board shall not·be responsible for the
N:IMAUlf.RTSifi\LCON,CON i\rlnll). 199? 8
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mamtenance or repairs to such newly constructed addiuons to the water supply system unul one
(I) year from lhe date the same have been placed m operauon. or untd the Board has nouficd
Falcon Heights m wnting of the acceptance of such anstallation, whichever date as earlier At
such ume that the Board assumes responsibality for the mamtenance and repaar of saad new water
system facilities. Falcon HeightS will convey said facilities according to the conditions of Anicle
II , Sectton 4
Section 4 STANDARDS
Water mains. services and appunenances shall be to the established standards. rules and
regulauons as are in effect at the execution of the agreement and as may thereafter be established
by the Board .
The Falcon Heights and Boord staffs shall meet annually to discuss standards relatmg to
water system construction Where dafferences in standards are not resolved at the staff level !he
Ooard w1ll make the decision
Section 5 SERVICE CONNECTIONS APPLICATIONS
New llpplications for water service connect1ons shall be made to and through the Board,
and each applicant shal! furmsh the Board a ccn1fied street address established by Falcon
He1ghts An mitial S7S.OO admmistrative fee shall be paid the Board for each service connection
to rc1mburse the Board 1ts cosu to estabhsh a new account. No new service connection work
shall be performed by Falcon He1ghts or 1ts agent unul the Board's appltcation process has been
completed and mspection of the mstallauon work scheduled by the Board
W U.IAUIERTS\I'AI.COI<.COS AjlrillJ, tP97 9
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Section 6 SERVICE CONNECTI ONS-INSTALLED BY BOARD
It is agreed that all service connecuons, except in designated projects, from the main 10
the propeny line shall be installed by the Board under rules identical with those in effect in the
Ctty of Saint Paul or as may hereafter be modified by the Board. The charges for such service
connections shall be in accordance with the schedule of charges established from time to time by
the Board for customers outside city limits of Saint Paul, provided, however, that the Board shall
not charge Falcon Heights customers more than the charges made to any customer an Satnt Paul
for like service Kew applications for water service connections shall be made to and through the
Board, and each applicant shall furnish the Board a centfied street address established by Falcon
Heights
Section 7, SERVICE CONNECTION GUARAi\'TEE BY BOARD
The Board will make all necessary repaars and maintenance to that part of the service
coMectaon located within the public street nght-of-way, under rules identical with those in effect
in the City of Saint Paul This shall apply to all existing and future service connections
constructed to Saint Paul standards. Service connections from private maans or a system not
served by the Board's water supply shall not be guaranteed.
Sectio n 8. PIPING, FIXTURE, ETC.
Falcon Heights shall, by the enactment of suitable rules, regulations or ordinances,
requare that all anterior piptng, fixtures, accessones, or on premises pipang an any manner
COMected to the public water system supphed by the Board. shall be of the same materials.
anstalled in the same manner and meet the same standards as are required for the same or similar
work in the City of Saint Paul.
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Section 9 RIGHT TO INSPECT
The Board, through its officers, agents and employees. shall hllve the right at all times to
exarrune, inspect and test any materials or workmanslup used or to be used an connection With
the waterworks system within Falcon Heights and supplied with water by the Board or
connea•ons thereto, for the purpose ofdetennining whether or not they comply with the
foregomg provisions. and shall have the nght to exarrune and 1nspect the matenals and
workmanship and method of instAllation of house plumbmg COMcctJng with SaJd waterworks
system for the same purpose
ARTICLE V1
ELEVATED TANKS
Sect10n I RADIO ANTENNAS ON ELEVATED TANKS
The Board has formulated a pohcy and fee schedule for permiuang the installauon of
eommurucat1on antCMas on its elevated tanks, standpipes and ground installations The Board
would expect to process any future requests for sites an accordance with the policy and fee
schedule in effect The Board recognizes that facilities on elevated tanks, standp1pcs and ground
mstallation poles and towers will require in put ftom Falcon Heights City Couneiland SlAIT and
the ne•ghborhood. The Board Will submit vahd requests for s<ud radio commurucauons to Falcon
He1ghts for comment, review, any necessary neighborhood hearings and impact and Ctty Council
approval
II IMAUIERTS'FALCON.CON ilj>rllll. 1!1')7 11
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ARTICLE VO
RIGDT Of WAY CHANGES
... . ..
Any and all expenses or costs ac~ruing to the water system in Falcon Heights in
connection with the maintenance, reconstruction, gnnding, overlayi ng or paving of public streets,
alleys or rights-of-way resulting from the action of Falcon Heishts, County of Ramsey or State
of Minnesota as such changes affect the water system shall be the responsibility of Falcon
Hetghts
.·
Where changes in elevation over the water system are proposed by Falcon Heights on
public meets, alleys or rights-of-way, that street design shall be reviewed with the Board. The
Board and Falcon Heights agree that the Board's standards pcnaming to elevation changes shall
apply Where elevation changes ore greater than the parameters outlined in the standards any and
all expenses or costs accruing to the water system in Falcon Heights shall be the responsibility of
Falcon Heights.
ARTICLE VUI
METERS AND M ET ER READING
Section I. BOARD TO FURNISH METERS
The Board shall furnish and install and maintain all customers' meters.
Sectton 2. BlLLING AND COLLECTIO
The Board shall have full responsibtllly for reading meters, billing and collection of
accounts.
I<II>IAI.BEATSIFALCON.CON Apnll3,1997 12
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ARTICLE LX
SANITAR Y SEWER COLLECTlO~ SERVICES
Section I. SANITARY SEWER. BILLING
Falcon Heights agrees to have the Bonrd perform the billing, collection and customer
service functions for residential, industrial and commercial sanitary sewer service to those
properties where the water system supplies water service and those properties served by
groundwater through wells.
For sewer billing purposes, the designation of each account as either residential, indusmal
or commercial will be determined by Falcon Hc1ghu and provided to the Board. Falcon Heights
will also designate any residential accounts qualifying for the senior citizen discount rate, if any.
The Soard will bill Falcon Heights mdustnal11nd commercial sewer accounts on a volume basis
and residential sewer accounts on a Oat rate basis All designated res1dential sewer accounts will
be btlled on the same cycle as established by the Soard for water billing purposes The Soard
will btll industrial and commercial accounts on the same monthly billing cycle as established by
the Board for water billing.
Falcon Heights will determine and provide to the Board the minimum sewer charge tp
industrial and commercial volume based designnted accounts. A minimum sewer charge will be
applied to any volume based account when there is no water consumption and where no notice to
shut off or discontinue water service to the account has been received by the Board
Falcon HeightS Will estabhsh the nat rate for residenual and volume rate for industnal
and commercial accourus, the nummum rates for no consumption accounts and these rates will
be provided to the Board at least 30 days pnor to any billing to which the rates are to be applied
~"IMALB£RTSIFAU:Ol'.CON Aj>nll3.1?97 13
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Any senior citizen rates. rental rate, any rate adJUStment because of a sewer volume reduction due
to product, spectal lawn sprinkling. or similar usage, or olher special rates, tf any, to be applied to
any account will be determined by Falcon Hetghts and also provided to the Bol\l'd at least 30
days prior to any billing to which the rates are to be applied. All rate changes will be provided to
the Board by disk ·format or any other format 'ncceptablc to the Board
When water and sewer account bills are not paid and become delinquent the Board will
certify lhese dehnqucnt accounts to Ramsey County for collection along with taXes. The City
Council of Falcon HeightS will adopt an ordinance giving the Board authority to ccnify
delinquencies in accounts to the property tax and provide a copy to the Board Wtthm 60 days of
the execution of this agreement.
The Board will handle all questions, complaints, notifications, roUilnc adjustments,
partial payments, collections, etc .• in the same manner as it presently does for water bilhng
procedures The Board will furnish a monthly report of sanitary sewer account btllmgs and
adjustments to Falcon Heights. Board will remit monthly payment of sannary sewer collections
minus the Board's service fees. Board will provide the initial programming and water account
changes to accommodate the sanitary sewer billing and will charge Falcon Hetghts no more than
SS,OOO for said programming and changes
The Board will initially charge Falcon Heights S 1.60 per bill, per account for the
residential Oat rate billing service for the ycnr 1997 The Board will initially charge Falcon
Heights $1.80 per bill, per account for billing commercial and industrial volume bnsed rate
billing scrvtce for the year 1997. The annual btlhng charge for residenttal. commerctal and
tndustnal accounts Will increase at the same percentage increase as the restdential water rate
NIM.\L8ER1'b'II'ALCON.CON Aprllll,l997 14
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mcrease. Each month the Board will send to Falcon Heights th!l billed sanitary sewer charges,
plus or minus any adjustments, less the service charge per bill, per account.
At intervals of every five years Falcon Heights and the Board agree that a cost analysis of
the annual billing charge will be conducted. The sanitary sewer billing service discussed in this
section may be terminated by either party ft\ the end of nny even-numbered ~ear, commencing in
1998, providing that six· m~mhs writ~en notice is provided to the other party.
The Board ~viii collect a late payment charge that will be applied to any sanitary sewer
late payments. This late payment charge will be retained by the Board. Reports rendered to
Falcon Heights will be in a form approved by Falcon Heights
Section 1.
ARTICLE X
STORM SEWER, SURCBARGE AND RECYCLING
COLLECTION SERVICES
BU.LTNG AND COLLECTION OF STORM SEWER. SURCHARGE
AND RECYCLING CI-!ARGES
Falcon Heights agrees to have the Board perform the billing and collection functions for
residential, industrial and commercial storm sewer service, ~urcharge and recycling service to
those properties where the water sy~tcm supplies water service and to those properties served by
groundwater through wells.
N\MALBERTS\FALCON.CON AjWilll.l997 IS
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The designation of each account as either residenrial, industrial or commercial will be
determined by Falcon Heights and provided to the Board. All storm sewer, surcharge and
recycling .charges will be billed and collected by the Board on the same cycle as has been
established by'the Board for water billing purposes .
.
Falcon Heights will establish the upproprinte rate per b~l. per account for residential,
industrial and commercial storm sewer, surcharge and recycling charges and will provide satd
rate to the Board by electronic format The account designation and the appropnate rates will be
provided to the Board at least 30 days prior to any billing to wlucb the rates are to be applied
Any semor citizen rates, rental rates, rate adJustment.s due to product, or other spectal rates to be
apphed to any account will be dctenruned by Falcon He1gh1s and prov1ded to the Board at least
30 days prior to any billing to which the rates are to be applied.
Any lot and/or pa«:el descriptions or redeseriptions or any other changes that will effect
the proper applica1ion of stonn sewer, surcharge and recycling charges tO the affected addresses
m the Board's da.la base will be determmed by Falcon Heights and furnished 10 the Board at least
30 days prior to any billing. The me1hod ond form of notice to the Board will be electronically
transmiued to the Board by disk format or other format acceptable to the Board
Where any portion of the water bill is not paid, including storm sewer, surcharge and
recycling charges, the Board's estnblished procedures and rules for collection of unpaid or
delinquent bills will be applied, including certifying delinquent accounts to Ramsey County for
collecuon along with taxes. Falcon Heights will odopl an ordinance giving the Board authority
to certify stonn sewer, surcharge and recycling charges delinquencies in accounts to the property
tax
NIMAI.UCRTS\I'ALCON CON Ai"ll U ,l997 16
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Each'month the Board will provide Falcon Heights with a sanitary sewer repon and a
report of storm sewer, surcharge and recycling billings, along with any adjustments thereto.
Board will remit monthly fees collected minus the Board's billing service fees . The initial
programming and water account ~hanges designed to accommodate. the storm sewer, surcharge
and recycling billing and collection will be included in the charges for sanitary sewer
programming adjustments.
The Board will initially charge Falcon Heights $0.08 per bill. per account, for storm
s~wer billing and collection. $0.02 per bill, per account for surcharge billing and collection and
$0.02 per bill, per accoum, for recycling billing and collection The annual billing charge for
storm sewer, su~charge and recycliny billing and collection will increase at the same percentage
increase as the residential water rate increase.
A review of billing charges for the storm sewer, surcharge11nd recycling charges will be
conducted, by the Board at intervals of five years, and concomitant with the sanitary sewer
charges cost analysis. The annual billing charge percentage rate increase, between five year
intervals, will accumulate until the increases in the charges can be rounded-up to the nel<t whole
number; see Exhibit "C". Each month the Board will 'send to Falcon Heights the billed storm
sewer, surcharge and recycling churgcs, plus or minus any adjustments, less the storm sewer, . .
surcharge and recycling charge per bi ll, per accou nt.
The. Board will collect a late charge thot will be applied to any storm sewer, surcharge
and recycling·l~te payments. This late payment charge will be retained by the Board.
Questions regarding storm sewer, surcharge and recycling charges will be handled by
Falcon Heights.
N:~l.u.BEltTSIFAI.CONCON Apfil U ,19?7 17
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Secuon I.
ARTI CLE XI
OPTIONAL SERVICES
OPTIONAL BU.LING, COLLECTION AND INFORMATIONAL
SERVICES
... .
The Board may provide billing and collection services for other functions performed by
Falcon Heights (for example: refuse) if Falcon Hetghts demes such services from the Board
Such servtccs shall be provided only for properties where the water system supplies water servtce
and those properties served by groundwater through wells.
Falcon Heights will pay costs relative to the programming and set-up costs necessary to
Implement the optional billing and collection system for which Falcon Heights will pay the
Board a monthly payment to be agreed upon by the panics hereto
The Board will send a montly payment to Falcon Hetghts equal to the amount ofbtlhngs
recetved dunng the month ( less the agreed upon collection charge).
Section 2. BILLING INSERTS
Falcon Heights m.ay provide mn.teriol~ to be inserted wiih the sewer and water bills, with
the prior approval of the Board, at a rensonoble charge to Falcon Heights for the bill-stuffing
process Said material shall not cause the maihng to exceed the postal weight limit.
NIMAIJlt M1SII'AI.CON.CON ApriU.l.l99' 18
• • ." '. • I , ... '• (. ·.
ARTICLE XU
Section L SUPPLEMENTAL WATER SUPPLY
No supplemental supply of water shall be connected to the water system being served by
the Board without the prior approval of the Board.
This agre~ment shall not preclude Fulcon Heights from establishing a portion of its water
system to be supplied from any source approved by the Minnesota Depart~ent of Health in areas
where water supply from the Board is impractical or unworkable, or in such cases where a central
water supply system may be constructed und installed for a housing development-prior to the
time that water mains supplying the area with water purchased from the Board tan be extended.
However, ·in no case sbaU there be direct connections between the Board's s~pply system and
other supplies. and when the Board's supply system is prac:ucal and workable, the other supply
shaU be discontinued. Existing private wells are exempted from this requirement to be
discont.inued.
• ART ICLEXUJ
Section I. RULES AND REGULATIONS
The use and distribution of water in Falcon Heights, derived from the supply furn ished
!Tom the Board, sbaJJ at _all times be governed by rules, regulations, policies, and conditions
which the Board has heretofore adopted for the City of Saint Paul, or which it may hereafter
adopt concerning the preservation, regulation and protection of its water supply, including water
waste, water conservation, sprinkling restrictions and water use for air conditioning equipment;
1<\\IAl.IIERTh'\J'ALCON.CON Aprii2J, 1997 19
..
' I ' '
. ., 0' ,. •
and as more fully detailed in Board of Water Commissioners-Water Code dated November I,
1996 nnd Saint Paul Water Utility Standards for Installation of a Water Mains dated April 1997,
or latest versions thereof.
Falcon Heights agrees to enact such rules, regulations, policies, and conditions mto
ordinAnces and make them legally effective and binding within sixty (60) days after the
execuuon of this contract, and to enact any amendments thereto adopted by the Board wnhm
saxty (60) days nfier being notified of such adopuon, and to adopt suitable penalties for the
violation of rules, regulations, policaes and conditions, and to strictly enforce such rules,
regulations and requirements.
Section 2. BOARD'S JURI SDICTION IN FALCON HEIGHTS
It is funher agreed that the Board, through its officers, agents and employees, shall have
the same authonty andjurisdietion an the enforcement of such rules and regulations tn Falcon
Heaghts that the Board has in the City of Saint Paul
Section 3. FALCON HEIGHTS' PERMITIING AUTHORITY
Falcon Heights docs issue permits to other governmental and private agcnctcs for the
installation of natural gas, telephone, cable and other facilities Falcon HeightS will coordtnnte
sard permits with the Board to assure no locauon conflicts occur.
20
. . • • .. ... . , .
ARTI CLE XTV
FIRE PROTECTI ON SERVICE AND fJYDRANT USE
Section I. HYDRANTS
Hydra~t use for purpo~es other than. fire fighting by Falcon Heights shaU be subject to the
same.rules and regulations app lied by the Board in. the City of Saint Paul.
Section 2. INSPECTION OF HYDRANTS
An annual inspection of all hydrants located in Falcon Heights will be conducted by
Board crews. Repair and maintenance I;"Ork required on hydrants in Falcon Heights will be
conducted by Board in the same manner as work conducted in the City of Saint Paul.
Section 3. PAJNT!NG OF HYDRANTS
The:Board will paint the hydrants in Falcon Heights, and shall do so in accordance with
the Board's established standards for such work. Falcon Heights may designate a hydrant cap
color code to distinguish dead end mnins, circuloting mains and selected criteria.
Section 4. HYDRANT NOZZLE THREADS
Falcon Heights has selected the Snim Paul Standard for hydrant nozzle threads. The
Board will recognize and maintain tho desired thread for hydrants within Falcon Heights.
S:I.\1At..BERTS\FALCON.CON "'X~ ll. 1997 21
• J ·: \ ,, . . . , .. . · •'
Section 5. RELOCATIONS AND ADJUSTMENTS
Where relocations or adjustments of fire hydrants are necessary due to public works
projects the Board will perform the required work and Falcon Heights will reimburse the Board
for the costs thereof.
Section 6. FIRE USE
!=alcon Heights will pay the Board for all water uscd.for lire fighting use and equipment
testing annually at the lowest step rate in effect. Falcon Heights will furnish 'to the Board the . .
estimated volume of water used in the previous year by March I of the following year.
Section 7 STREET CLEANING
Falcon Heights agrees to keep record of all water used for street sprinkling, street
flushing, sewer maintenance and/or related use and to pay annually to the Board at·the lowest
step rate in effect.
Section 8. LOCA TlON MARKERS
y.'here it is necessary for the location of fire hydrants to be.marked with ·nags, signage,
etc for fire fighting or other purposes Falcon Heights will pay for said markers:and will assume
the costs thereof including installation, maintenance and liability.
Section 9. SNOW REMOVAL
Any snow removal from and around fire hydrants for any purpose, shall be performed by
Falcon Heights 'at its expense.
·N:WAI.B~RTSIFI\LCON.CON A!"ill3,19?7 . . 22
ARTI CLE XV
AGREEMENT AMENDM:£NTS
Section l. Agreement Amendments
Falcon Heights and the Board ag.rce thnt from time to time changes to this agreement may
be ~ecessary Falcon Heights and the Board agree that said changes will be an the form of
addendums to this agreement duly approved by and executed on behalf of the respective parties.
ARTI CLE XVI
BO ARD'S DUTY TO SUPPLY WATER
Section I CAUSE FOR TERMINATION
The Board is responsible to provide an adequate of quamity of water to properties located
within the City of Falcon Heights, and to provide normal maintenance and repair to all of the
fac~ities operated by Board in the supply of water.
Section 2. NOTICE TO BOARD
In the event that Falcon Heights should deem that the Board has failed in its obligations
to supply an adequate water supply and normal maintenance of the facilities, or should find cause
that the Board is failing in it.s P.rovision of services Falcon Heights shall notify the Board in
writing setting forth the specific details of any such failures.
S:IM..ulERTS\fAJ..CON.CON Aprilll. 1997 23
• I ~ • ,. • • • • ,J, •
Section 3. CORRECTTVE ACTION
Board will undertake to correct the spec1fied faults and wdl do so within 60 days from the
date that the written notification is received by the Board Falcon Heights will be notified in
•
writing within the specified 60 dny period whtll necessary corrective actions had been taken, if
any, and ai1y explanation if the Board disagrees with any of~alcon Heigh!s' complaints.
Section 4 MEDIATION
FoUowing the specified 60 day penod and in the event Falcon He1ghts deems that
sufficient corrective actions have not been taken, then and in that event Falcon Heights may
requ1re that its complaints be subrnmed to mediation by a panel of three (3) pe.rsons. Falcon
Heights and Board may each appoint a representative to the pancl •. and the two appomted
members will select the third member The panel shall provide an opportunity to both Falcon
lle1ghts and Board to express 1ts opimons as to whether the Board is not providing an adequate
quantity of water supply to Falcon lle1ghts properties, or LS failing to prov1de normal
maintenance to the mains, valves and hydrants located within the C1ty of Falcon Heights
Section 5. OPTION TO TERNifNATE, FIVE YEAR NOTICE
The panel wiU submit its findings, co11ciusions and recommendations to Falcon Heights
a~d Board within 60 days. In the event the pnncl should confirm Falcon Heights' complaints,
then and in that event Falcon Heights may elect to terminate this Agreement by giving written·
notice to that effect to the Board Notice oCterrnmation will specify the effective date of
terrrunation. which in any event will not occur un11l at least live (5) yea.rs following the date of
elect ion to terminate.
24
. ,.~ .... .'; . . -
Secuon 6 RECONVEYANCE. COMPENSATION
Upon me effective date of termination of this Agreement tbe Board will reconvey title to
the facilities and real estate previously conveyed by Falcon Heighrs pursuant to Article 11. . .
Section 4 of this Agreement for the sum of S 1.00, nnd Falcon Heights will ~ompcnsutc the Board
for the depreciated value ofall water mains and other water service facilities, including water
meters, fire hydrants, and other appunenances, constructed by tbe Board to serve the Falcon
HC!ghts system from and after the date oft he execuuon of this Agreement
N.IMAUlERTSil'I\LCON.CON April 73, 1997 25
.. • : . . . . .....
lN WITNESS WHEREOF. the panies hereto have caused this Agreement to be
executed as of the day and year first above wriuen
APPROVE D: OOARD OF WATER COMM ISSIONERS
~~/!.~J--
Bemie R Bullen, General Manager
Approved :u to Form:
COUNTERSIGNED:
By~~~~~~~~
Jo eid, D•rector.
Office of Financial Services
STATE OF MINNESOTA )
) ss.
COUNTV OF RAMSEY )
The foregoing instrument was acknowledged before me this -~of'AIZ:>'~l"-~
1 . . 19~by Michael Harris, Presidenc and Janet Lindgren, Secretary of the Boar of Water
Commissioners of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the
corporation.
• •
N\MALBERn'\fALCON.CON A¢123, 1997 26
' I I • 1 f " . ~· .~. ..
THE ClTY OF FALCON II EIGBTS
t3~b'¥S'
City Attorney Its Ma:,:or
~k---By
City Administrator Its City Clerk
STATEOFMINNESOTA )
) ss.
COUNTYOF )
--#.
<t/ . The foregoing instrument was acknowledged before e this ~ day of~
'""' .,~ :R. ~ . ~' Sa "''"''""' c;,
Administrator, respectiv::r:: City of f alcon Heights, a Minnesota Municipal Corporation,
on behalf of the corporation.
Signature of person taking acknowledgment
27
t ;' • I
•' ..
LIST OF CITY
STREETS
EXumrr "A"
WATER MAI NS WITH
BREAK FREQUENCY TOAT
WOULD I~EQUfRE REPLACEMENT
Folwell Street (6") -Fulham to Northrup
'lonhrup Street (6")-Folwell to Hoyt
Maple Knoll (6") -Fry to Garden Street
Snelling Avenue (6")-Hoyt to Idaho
EXULUIT "B"
'· ,: 0 ~. 0
700ft
sso n
660 fi
660 f\
..
FALCON REIGRTS HYDRANT SPACrNG
GREATER TOAN 600 FEET
Hydrant
.f1nj Sparin1: Loc3(jgn
N-3 800' l.arpcnteur·Avcnue
(To be done by Falcon Heights}
N-S 850' Asbury-Garden to Crawford
I, 100' Holton -Garden to Larpenreur
875' Pascal -Garden to Crawford
875' Simpson -Garden to Crawford
EXHIBIT "B"
I 4 ' • • o .. .·
EXULD !T "C''
Example
Storm sewer charge (year 1997) -$0.08
per bill, per account
Assume percent increase m -3 .5
residenual rate
Typjcal Ca!cy!arjgn Accual Cbarye
1997 Charge -$0.08 so 08
1998
$0.08 'x 1.035 • S0.0828 so 08
1999
so 0828 X I 035 -00857 so 09
2000
0.09 X 1.035 -0.0932 $009
2001
0.0932 X 1.035 • 0.0965 so 10
EX HIBIT "C"
~
. ' •,. . CITY OF ST. PAUL • . ' ,.
OFFICE OF THE IOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM No 4507
t~f.'Ui~f8N!A Morton DATE June 9, 1997
WHEREAS, The Board and City of Falcon Heights did originally enter inlo an Agreement on
August 30, 1963, subsequen!ly amended March 16, 1979, and as amended January 22, 1986.
which provided re!ail water service to residenlS of Falcon HeighlS; and
WHEREAS, The Board and City of Flllcon Heigh Is entered into a Memorandum of
Understallding on Occober 23, 1996, whereby the staffs of boch the Board and Falcon Heights
pursued possible agreement language where the water rates charged in Falcon Heights would
equal !hose charged in Saint Paul; where Po Icon Heights would have representation on !he Board
and where the Board would own and ope role Falcon Hdghts' water syscem; and
WHEREAS, Falcon Heighls and Board staffs have met and reached agreemenl on appropriate
language thai will equalize water rates charged in Falcon Heights and Saint Paul: will result in
Falcon Heights representation on the Board; will result in the conveyance of title to the Board of
Falcon Heights ' water system and will escablish mutually acceptable language regarding o!her
pertinent subjects pertaining to the ownership and operacion of Falcon Heights' water system by
!he Board and thereby, scaff does recommend the Ooard approve snid attached Agreement; now,
therefore, be it
RESOL YEO, Thai the Board does concur wi!h the staff recommendalion and does hereby
authorize and direct the proper officers of the Board to execute said Agreement on behalf of the
Bonrd; and, be it
FURTH ER RESOLVED, That!he Board does hereby rcquescthat the Saint Paul City Council
concur in said Board Agreement approval.
Watu Commi58ionera
Yua
Arcand
Collins
Hoocl mann
Xorton
Preaident Harris
In tavor_5 __ Opposed'----0=--
Adopted by the Board of Watu Commlulonera
----~J~un~e~.~9~-----------19~
if'4~ m v.
9-11 f J-e-oQl..-
~ul -17 -97 03 :23P C1~y of Falcon Hgts 612 644 soso . ' . . -.
No. 97·16
CITY OF FALCON HE!GHTS
COUNCIL RESOLUTION
Oate: May 14.1997
. ... ... .. ... ... . . . . ... ... . . . . ... . . . . . . . . . . . ... . . . . . ... . . . . . . . ... . ... . ... . ... .. ... . . . .. . . ... . -
A RESOLUTION APPROVING AN AGREEMENT TRANSFERRING OWNERSHIP OF
THE FALCON HEIGHTS WATER SYSTEM TO THE
ST. PAUL WATER UTILITY
WHEREAS. the city council has investigated turnmg ownership and
maintenance of the Falcon He1ghts water system to the St. Paul Water Uulity; and
WHEREAS, Falcon Heights will benefit from such an arrangement by
turning over future costs and management of the system while reducing the rate at
which Falcon Heights users pay for water; ond
WHEREAS. Falcon Heights will elso benefit by baing represented by a
suburban representative on the board ol the St. Paul Water Utility; and
WHEREAS. the St. Paul Water Utility w1ll benefit by having a guarantee
that Falcon Heights will be a part of its water system over the coming years.
NOW, THEREFORE. BE IT RESOLVED that the Falcon Heights C1ty
Council approves the agreement transferring the Falcon Heights water system to the
ownership of the St. Paul Water Utility.
···--··········---·--······································-
Moved by: Kyonel
GEHRZ ...!_ In Favor
GIBSON TALBOT (absentl
HUSTAD _Q_ Against
JACOBS
KUETTEL
Approved by: duu-u j · Ab
Mayor
May 14. 1997
Date
Attested by: Ca...J.o.. Q.J 0 ~'h..)
City Clerk
May 14. 1997
Date
P .02
r
... . .. Green Shoot ~ 3~ L
ORIGINAL
RESOLUTION (...::.1.)11''~-·-~;\c:._.-9 'l -8-(. I
CITY OF SAINT PAUL, MINNESOTA
WHEREAS, The Board ::~nd City of Fu lcon I~ eights did originally enter into an Agrcemem on
2 August 30, 1963, subsequently amended Morch 16. 1979. and as amended January 22, 1986.
3 which provided remi l water service to residents of Falcon Heights: and
5 WHEREAS, The Board and City of Falcon Heights entered into a Memorandum of
6 Understanding on October 23. 1996. where b) the staffs of both the Board and F:tlcon Heights
7 pursued poss1ble agreement l:tngU:tge where the water rates charged in Falcon He1ghts \I.Ould
8 eqU:tl those charged in Saint Paul in the year 2003. where Falcon Heights would ha•·e
9 representation on the Board through the Moplewood representative and where the Bo:~rd \I.Ould
I 0 own ::~nd operate Falcon Heights· wnter system; :tnd
11
12
13
H
15
16
17
18
19
~0
~I ,.,
WHEREAS, Falcon Heights and Board staffs have met and reached agreement on approprinte
language tim will equalize water rates charged in Falcon Heights and Saint Paul; \\i ll result in
Falcon Heights representation on the Bonrd: will result in the conveyance of title tO the Board of
Falcon Heights' water system and will establish murually acceptable language regardtng other
peninent subjects penaining to the ownership and oper.nion of Falcon Heights' ••oter s~ stem oy
the Board and thereby. and the Board did approve said anached Board ResolutiOn, no\\,
therefore: be it
R.ESOLV£0, That the City Council does concur with the actions of the ·Board or \\'ater
Commisstoners for approval of a new Agreement between the Board and the Cur of falcon
Heights.
y, ··~ v -Requt.\tcd by Ocputment of:
<..om,., --\Iacer Utility
., .. ~-
By: ~ /(, tb-.tM-
d.\
.dc;t:d by Co~::~cil: Dote<). \ . c, \ "'\ '\ \
j 'j I
Ceneral !-fana~er
Form AP.Prov.d by Ciry Attorney .c!o;:ioo Ccrtiii:d by Cou:cil Sea~t~
By. Pfu!.i_p_ J !5t1td. (, · ~ 5 fl'f
1
Approve.! by ~r for SubmisJioo to Council C' J .~ t \_L 9--177 7-<..-0 7
By: -
Agreement # o 2 -I o3 5 s--r
AMENDMENT NO. 1
to
AGREEMENT BETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT N0.1 TO AGREEMENT entered into this 1Oth day of March, 2009,
by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation ofthe
State of Minnesota (the "Board"), and the CITY OFF ALCON HEIGHTS, a municipal corporation
of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the original agreement,
and
WHEREAS, in order to provide the greatest efficiency and to minimize traffic disruptions
and replacement costs, the parties desire that the Board whenever possible perform water main
replacement and/or other water system repair work in conjunction with Falcon Heights street paving
projects.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement in the manner described below.
1. The following is hereby added to the Agreement:
A. When it is possible to coordinate Board water facility work with a Falcon Heights
street paving project, it is mutually agreed:
1) Falcon Heights and Board shall negotiate a Cooperative Cost Share
Understanding (the "Understanding") which shall define the work
responsibilities and cost obligations of both parties.
2) The Understanding shall be approved by Saint Paul Regional Water Services
General Manager on behalf of the Board.
V: \Engineering\CLERICAL \BOARD\Agreements\ Water _service\F alcon Heights_ amend I_ 03-10-09. doc 1
3) The Understanding shall be approved by Falcon Heights city council on
behalf of Falcon Heights.
B. Upon completion of work, or periodically during construction, an itemized invoice of
charges for the work defined in the Understanding shall be transmitted to the other
party. Payment shall be issued within 30 days following review and approval of the
charges.
2. Except as modified herein, the terms of the Agreement shall remain in full force and
effect.
[Remainder of page is left intentionally blank]
V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Falcon Heights_amendl_03-10-09.doc 2
--------------------------
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement to be executed as of the day and year first above written.
Approved: BOARD OF WATER COMMISSIONERS
By ~~1-:----
Patrick Harris, President
By -1'1\~~ £>~~ MoHGagnelius, seetary
Approved as to Form:
'61t'St ~-'tilM
Assistant City Attorney
By _ _,~-~~~~~--H~
Margaret K 1 , Director
Office of Financial Services
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this 1:5,.. day of ~~;\ , 2009,
by Patrick Harris, President, Board of Water Commissioners of the City of Samt Paul, a Minnesota
municipal corporation, on behalf of the corporation.
Moille Je11n GagneDus
NOTM<Y PIJBUC ·MINNESOTA
MY O:JrlAMISS!ON
~a;:;~~E:s Jl~N~ 31,2012
V:\Engineering\CLERICAL\BOARD\Agreementsl Water _service\Falcon Heights_ amend I_ 03-10-09. doc 3
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ..3_ day of tdb If~ \ , 2009,
by Mollie Gagnelius, Secretary, Board of Water Commissioners of the'ity of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation .
WiU.II\M l.. TSCHIDA
~10!,\F={\' ~)UBL iC • M:r~t~CSOT;\
''' c-:81v11v\ISSION
l<·', f"'i::: .<; .)/'. (•!. :; i' 2 0 0 ')
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
.a~~~
The foregoing instrument was acknowledged before me this 2:i:)day of,L/Jz rr A ' 2009,
by Margaret Kelly, Director, Office of Financial Services, Board of Water Commissioners of the City
of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation.
V:\Engineering\CLERICALIBOARD\Agreements\ Water ~service\F a! con Heights~ amend I~ 03·1 0·09.doc 4
CITY OF FALCON HEIGHTS
By l::tkd.::--
By Just~C~k!Adm;n;"'"""
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this /-r"'day of~d-~ , 2009,
by Peter Lindstrom, Mayor of the City of Falcon Heights, a Minnesota Municipal Corporation, on
behalf of the corporation. .. :·.
Signature ofperson<taking acknowledgment
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this /]/iday of #/~ , 2009,
by Justin Miller, City Clerk/Administrator of the City of Falcon Heights, a Minnesota Municipal
Corpora~iQn, on. behalf of the corporation.
,~·
Stgnature of persQtYtakmg acknowledgment
V:\Englneering\CLERICAL\BOARD\Agreements\Water_service\Falcon Heights_amend1_03-10-09.doc
PRESENTED BY COMMISSIONER Rossbach
BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM N 7019 0-.....;_;'-'--'----
March 10, 2009 OAT~-----~-~-----
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into a
agreement dated July 9, 1997 whereby the Board would provide water service to the City of
Falcon Heights at water rates that would become equal to the rates charged within the City of
Saint Paul (the "Agreement") and, in return, the City of Falcon Heights would convey title to its
water facilities to the Board; and
WHEREAS, the parties desire that whenever possible, the Board shall perform water main
replacement or other water system repair work in conjunction with Falcon Heights street paving
projects in order to provide the greatest efficiency and to minimize traffic disruptions and
replacement costs; and
WHEREAS, when such coordination is possible, the Board desires to utilize Falcon Heights
street project contractor to provide work necessary to support the Board's water main work
within such project areas, and Falcon heights is willing to provide such support work with its
street project contractor; and
WHEREAS, staff has prepared an Amendment No. 1 to Agreement which sets forth the terms
and conditions for the provision and payment of such support work, and recommends approval
of said Amendment; now, therefore, be it
RESOLVED, that the Board of Water Commissioners does hereby approve Amendment No. 1
to Agreement between the Board of Water Commissioners and the City of Falcon Heights for the
provision of water facility support work by the City of Falcon Heights for Board construction
projects within Falcon Heights street projects, and that the proper officers are hereby authorized
and directed to execute said Amendment No. 1 on behalf of the Board, following approval by the
assistant city attorney.
Yeas
Water Commissioners
Anfang
Kleindl
Rossbach
Vice President Zanmiller
Nays
In favor 4 Opposed 0
Adopted by the Board of Water Commissioners
-------~Ma~r~c~h~1~0~-------20J29
65/15/2669 16:17 6517927616 CITY OF FALCON HGTS
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2C!77 West Larpenteur Avenue
AGENDA
February 25, 2009
A. CALL TO ORDER: 7:00PM
B. ROLLCALL: UNDSTROM _AB_ HARRIS _x_ KUETIEL _x_
LONG _X_ MERCER-TAYLOR _X_
MILLER_)(_
C. PRESENTATIONS: 2008 Police Report, Chief Jolm Ohl
D. APPROVAL OF MINUTES: JanuiU'}' 28, 2008 APPROVED
E. PUBLIC HEARINGS:
F. CONSENT AGENDA: ALL ITEMS APPROVED; KUEITET~ MOVED 4-0
1. General Disbursements through 2/20/09: $265,262.60
Payroll through 1/30/09: $17, 902.33
Payroll through 2/13/09: $13,295.34
2. City License Renewals
3. Appointment of new firefighter, Chris Radic
4. Appointment of Anton Fehrenbach to 41h Captain
~ 5. Amendment #1 to Agreement with St. Paul Regional Water Services
6. 2009 Sanitary Sewer Chemical Root Control Contract
7. 2009 Sanitary Sewer Oeaning Program
8. Appoint to Environment Commission
G: POUCY ITEMS:
PAGE 62/62
1. Falcon Heights/Lauderdale Fun Run event-APPROVED; MERCER-TAYLOR
MOVED4-0
2. Receive 2009 Pavem.ent Management Plan Feasibility Study and Setting of
Public Hearing-APPROVED; LONG MOVED 4-0
H. INFORMATION/ ANNOUNCEMENTS: NONE
I. COMMUNITY FORUM:
J. ADJOURNMENT: ME:E.i'IN ADJOURNED AT 8:00PM
Agreement# 02-10355-I
AMENDMENT NO. 2
to
AG~EMENTBETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT NO.2 TO AGREEMENT entered into this 9th day of February, 2010,
by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the
State of Minnesota (the "Board"), and the CITY OF FALCON HEIGHTS, a municipal corporation
of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the original agreement;
and
WHEREAS, Falcon Heights at this time desires that the Board provide street lighting fee
("Street Lighting Fee") billing and collection services to properties within Falcon Heights on its
behalf, and the Board desires to provide such services in accordance with said Article XV.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement in the manner described below.
1. The following Street Lighting Fee billing terms and conditions are hereby added to the
Agreement:
A. Board Responsibilities
1) The Board will provide current electronic account data to Falcon Heights to assist
Falcon Heights in allocating Street Lighting Fees to water/sewer accounts.
2) The Board will provide the work necessary to include Falcon Heights Street Lighting
Fees in the Board's billing system. The Street Lighting Fee shall be appropriately
displayed on the Board's water/sewer bill form.
3) The Board will provide descriptive information on the water/sewer bill. form
regarding the Street Lighting Fee, as permitted by and within limitations of the
Board's water/sewer bill form.
V:\bngineering\CLHRICAL\DOARD\Agreemenis\ Water_ service\Palcon II eights_ amen~_ O~-M-16.doc
q_lqcrl-C-o~
4) The Board will provide month-end reports to Falcon Heights, which will list the
number of bills charged a Street Lighting Fee and the amount charged.
5) The Board will provide to Falcon Heights the Street Lighting Fee payments it
collects, less compensation for providing billing services. Payments not received by
the Board for the Street Lighting Fee may be withheld from monies due Falcon
Heights until collection is made. The necessity of such withholdings will be
determined by Board staff on a case-by-case basis, and such withholdings and
collections will be included as a line item in the month-end reports to Falcon Heights.
B. Falcon Heights Responsibilities
1) Falcon Heights will provide the Board with the text it wishes the Board to include on
the front and back of the water/sewer bill form.
2) For each property to be billed a Street Lighting Fee, Falcon Heights will provide in
an electronic format approved by Board: (1) water service account number, (2) the
property address of the account, and (3) the amount of the Street Lighting Fee to be
billed.
3) Falcon Heights will inform its residents of the new Street Lighting Fee, how it is
computed and that Saint Paul Regional Water Services will be performing the billing
and collection.
4) Board will refer all customer questions and inquiries regarding the Street Lighting
Fee to Falcon Heights, which is responsible for addressing same.
C. Schedule
1) Falcon Heights and the Board agree to implement the Street Lighting Fee billing
according to a schedule acceptable to both parties.
D. Compensation
1) Falcon Heights agrees to pay a billing fee of $.12 for each water/ sewer bill that
includes a Street Lighting Fee charge. This fee shall increase over time at the same
percentage rate as Board water rates.
2. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
[Remainder of page is left intentionally blank]
V:\£ng~eering\CL£RJCAL\ROARD\Agreements\ Water _servlce\ralcon Itelghts _ amend2 _ 02-09-1 O.doc
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to
Agreement to be executed as of the day and year first above written.
Approved: BOARD OF WATER COMMISSIONERS
Approved as to Form:
~~~$~\_~, ~ By/(-···
Assistant City Attorney Margaret K , Director /
Office of Financial Services
STATEOFMINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ~day of ffi<:M', h ) , 2010,
by Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota
municipal corporation, on behalf of the corporation.
Signa e of person takmg acknowledgment
V ~ \£f\~lf\Mtiftg\CL1:RICAL \YOARD\Agreements\ Water_ service\Palcon Ileights _amend~_ ~~-M-i 6 .doc
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this __9_ day of /Y1 d 'CC...t\.. < ' 2010,
by Mollie Gagnelius, Secretary, Board of Water Commissioners of the City of Saint Paul, a
Minnesota municipal corporation, on behalf of the corporation.
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ~ay of IJ'/;;;r;;h , 2010,
by Margaret Kelly, Director, Office ofFinancial Services, Board ofWater Commissioners of the City
of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation.
~CYSUEOENK~
NOTARY PUBliC· f.JINNESOYA
My Commillion ElcpAS .. 3t, 2112
V ~\]B.~iftM¥ift~\CL£RICAL \ROARD\Agreements\ Water_ service\Palcon Ileights _amen~_ 0~-M-1 ~.doc
I
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
CITY OF FALCON HEIGHTS t, I II t By fr ~(
P ter Lmdstrom, Mayor
By ____ ~~~--~----------
Jusf
The foregoing instrument was acknowledged before me this __fl._ day ofF~ , 2010,
by Peter Lindstrom, Mayor of the City of Falcon Heights, a Minnesota Municipal Corporation, on
behalf of the corporation.
DEBORAH KJONES
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIIIel 01-;!1-11&12
STATEOFMINNESOTA )
) ss.
COUNTY OF RAMSEY )
" ··~~ ·· Signature of pentakiilg acknowledgment
. ' :~
The foregoing instrument was acknowledged before me this \ ~ day of -l.P'ofu(.!~ , 2010,
by Justin Miller, City Clerk/ Administrator of the City of Falcon Heights, a Minnes a Municipal
Corporation, on behalf of the corporation.
J' ~Usa Autrey Abernathy
... ~ "~-NOTARY PUBLIC
~: ,~ STATEOFMINNESOTA '-l:t:l.f.L~:,;.;./·' My~E>cpi!U 1·31·201-4
V~\£ftgineering\CL£RICAL\IJOARD\Agreements\ Water _servlce\Palcon Ilelghts _ amend2 _ 02-09-1 O.doc
BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM 7063 No~-----
PRESENTED BY Zanmiller COMMISSIONER--~===--=---------------DATE February 9, 2010
Vice
Yeas
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into a
agreement dated July 9, 1997 whereby the Board would provide water service to properties
within the City of Falcon Heights (the "Agreement"); and
WHEREAS, Article XV of said Agreement allows that the Board may provide billing and
collection services for services in addition to water service, if desired by Falcon Heights; and
WHEREAS, Falcon Heights at this time desires that the Board provide street lighting fee billing
and collection services to properties within the City of Falcon Heights on its behalf, and the
Board desires to provide such services in accordance with said Article XV; and
WHEREAS, staff has prepared an Amendment No. 2 to Agreement which sets forth the terms
and conditions for the provision of street lighting fee billing and collection services for Falcon
Heights; now, therefore, be it
RESOLVED, that the Board of Water Commissioners does hereby approve Amendment No.2
to Agreement between the Board of Water Commissioners and the City of Falcon Heights in
substantially the form submitted, and that the proper officers are hereby authorized and directed
to execute said Amendment on behalf of the Board following approval of the assistant city
attorney.
Water Commissioners
Adopted by the Board of Water Commissioners
Anfang Nays
Bykowski
Kleindl --------~F~eb~r~u~a~r~y~9~·-------20~
President Zanmiller
President Harris
In favor 5 Opposed 0
COOPERATIVE COST SHARE UNDERSTANDING
Between
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL
and
CITY OF FALCON HEIGHTS
THIS UNDERSTANDING, made and entered into this 2 3:. '{ol day of -::s0 V\. e.... 2010, by
and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL,
(the "Board"), acting through its Saiht Paul Regional Water Services General Manager ("SPRWS
General Manager"), and the CITY OF FALCON HEIGHTS ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Falcon Heights and the Board entered into an Amendment No. 1 to Agreement
dated March 10, 2009, which provided for water facility support work ("Support Work") within
Falcon Heights street projects; and
WHEREAS, said Amendment No. 1 to Agreement further provided that Falcon Heights and
the Board shall negotiate a Cooperative Cost Share Understanding for each street project that is to
include Support Work in order to define the work responsibilities and cost obligations of the parties
with respect to Support Work.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with said Amendment No. 1 to Agreement, the parties mutually agree as follows:
1. Falcon Heights shall obtain bids for water facility support work as part of its 2009-2010 Mill
and Overlay Projects. The Support Work shall consist of excavation, pipe handling,
backfilling, restoration, and all other work necessary to support water facility work to be
performed by Board forces within the boundaries of the 2009-2010 Mill and Overlay
Projects. Streets in which Board forces will perform water facility work are Garden A venue,
Maple Knoll Drive and Fry Street, as shown on Attachment A, attached hereto and
incorporated herein; and
2. Based upon bid prices contained in a contract duly awarded by Falcon Heights for
construction of the 2009-2010 Mill and Overlay Projects, and upon quantities agreed to by
the parties, Falcon Heights shall provide the Board with itemized invoices showing the costs
for completed Support Work; and
3. The Board shall pay such itemized costs.
Page 1 of2
q-\9~1~(-\0
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative cost Share
Understanding to be executed as of the day and year first above written.
Approved as to Form:
Assistant City Attorney
BOARD OF WATER COMMISSIONERS
By~
Stephen P. Schneider, General Manager
CITY OF FALCON HEIGHTS
By~~~~~L_~--~-----
p ter Lindstrom, Mayor
By J~~k/Administrator
Page 2 of2
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Agreement# 02-10355-1
AMENDMENT NO.3
to
AGREEMENT BETWEEN
BOARD OF WATER COMMISSIONERS
and
CITY OF FALCON HEIGHTS
This AMENDMENT NO.3 TO AGREEMENT entered into this 15th day of November
2011, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of
the State of Minnesota (the "Board"), and the CITY OF FALCON HEIGHTS, a municipal
corporation of the State of Minnesota ("Falcon Heights").
WITNESSETH:
WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for
the provision of water service by the Board to properties within Falcon Heights (the "Agreement");
and
WHEREAS, Article XV of the Agreement allows for amendments to the Agreement; and
WHEREAS, the parties desire at this time to amend the Agreement to provide for a Storz
connection on fire hydrants installed and maintained within the city of Falcon Heights.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
mutually agree to amend the Agreement as follows:
1. Article XN. Section 4. HYDRANT NOZZLE THREADS is deleted in its entirety and replaced
with the following:
Section 4. HYDRANT NOZZLE THREADS
The Board recognizes the Saint Paul Standard for hydrant nozzle threads as selected by
Falcon Heights for hydrants within the city of Falcon Heights. All new and replacement hydrants
shall include one Storz connection.
2. The provisions of this amendment shall take effect January 1, 2012.
3. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
[Remainder of page left intentionally blank.]
C\-\~<1.l-\ -\\
V :\Engineering\CLERICAL \BOARD\Agreements\ Water_ service\Falcon Heights_ amend3 _II-I 5-ll.doc
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to
Agreement to be executed as of the day and year first above written.
Approved:
SteJ)i};:sci111eider, General Manager
Saint Paul Regional Water Services
Approved as to Form:
Lisa Veith,
Assistant City Attorney
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
BOARD OF WATER COMMISSIONERS
By .f'l\~1 a A~{la; o, MOieGagneli~cretary
~ ",
Office of Financial Services
The foregoing instrument was acknowledged before me this.:b day of 'f1\1~r~ , 20 _11.
by Patr~ I~ President of the Board of Water Commissioners, a Minnesota municipal
corPofation, '&rben~ of the corporation.
V :\Engineering\CLERICAL \BOARD \Agreements\ Water _service\Falcon Heights_ amend3 _11-15-ll.doc 2
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing inst~ent was acknowl.edged before me this A_ day of ~ x:-, \, , 201 Z-,
by 'e.-l \.J 5 , Secretary of the Board of ater Commissioners, a
Minnesota municipal corp at n, on behalf ofthe corporation.
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this L3__ day of rlf?Q 'I , 20 ..1.2::_,
by Todd Hurley, Director, Office of Financial Services of the Board of Water Commissioners, a
Minnesota municipal corporation, on behalf of the corporation.
V:\Engineering\CLERICALIBOARD\Agreements\Water_service\Falcon Heights_amend3 _11-15-11.doc 3
CITY OF FALCON HEIGHTS
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
Tho {rogoing ~w"' ocknowlodgod boforemo thi, J!l"day of ~ , zojj_,
by 'f-f& /1. , Mayor of the City of Falcon Heights, a Minnesota municipal
corporation, oi1behlilfOithe corporation.
Signature of person fuking acknowledgment
CITY OF FALCON HEIGHTS
/)/}/} ~
By __ ~~~~~~/--~----·------------
Its: cftYMlillager
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
11re !oregoing '"'J'1Znt..., oclmowl"'•"' rerore mo thi• /IJ'~~> day of ~ • zoiL
by , fAiih.n m . /l , City Manager of the City of Falcon Heights, a Minnesota
municipal corporation, on behalf of the corporation.
acknowledgment
V :\Engineering\CLERICALIBOARD\Agreementsl Water_ service\Falcon Heights_ amend3 _I l-15·11.doc 4
PRESENTED BY COMMISSIONER Helgen
BOARD OF WATER COMMISSIONERS
RESOLUTION-GENERAL FORM N 7139 o _____ _
DATEE-~N~o~v~em~b~er~~lS~,~2~0~1~1~----
WHEREAS, the City of Falcon Heights and the Board of Water Commissioners entered into an
agreement dated July 9, 1997 for the provision of water service by the Board to properties within
Falcon Heights (the "Agreement"); and
WHEREAS, Article XV of the Agreement allows for amendments to the Agreement; and
WHEREAS, the parties desire at this time to amend the Agreement to provide for a Storz
connection on fire hydrants installed within the city of Falcon Heights; and
WHEREAS, Board staff has prepared Amendment No.3 to Agreement which specifies said desired
change, with all other terms and conditions remaining in effect and unchanged; and
WHEREAS, the assistant city attorney has approved said Amendment No.3 as to form; now,
therefore, be it
RESOLVED, that Amendment No.3 to Agreement between the Board of Water Commissioners
and the City of Falcon Heights is hereby approved and that the proper officers are hereby authorized
and directed to execute said Amendment No.3 on behalf of the Board.
Water Commissioners
Yeas
President
In favor 4
Anfang
Bykowski
Helgen
Harris
Nays
Opposed 0
Adopted by the Board of Water Commissioners
______ N_o_v_e_m_b_e_r __ l_S~,----____ 20~
~-\'1'\1-t--\~
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item Appointment of John Larkin to the Board of Water Commissioners for Saint Paul
Regional Water Services
Description
On July 9th, 1997 the City of Falcon entered into an Agreement between the Board of
Water Commissioners to provide water services to properties within the City of
Falcon Heights at water rates that will become equal to the rates charged with in the
City of St. Paul.
The agreement also stated that suburban communities will have representation on
the Board of Water Commissioners, that Falcon Heights will convey title to its water
facilities to the Board, and Falcon Heights will permit the Board to maintain it mains
with the City. The agreement became effective January 1, 1998.
The City has a rotational seat on the Board of Water Commissioners. The City’s
rotation was scheduled for January 1, 2020 through December 31, 2023. In
Resolution 19-45, the City appointed Jim Bykowski to serve as our representative. In
August, Mr. Bykowski indicated that he was resigning from his seat.
The City initially sought applications in October to serve on this seat, but did not
receive any applications. After reaching out to current and recent past
commissioners, we did receive multiple interested applicants. Mayor Gustafson is
recommending John Larkin for the appointment, based on his past service on the
Planning Commission.
Budget Impact N/A
Attachment(s) • St. Paul Regional Water Agreement
• Larkin Application
• Resolution 22-61 Appointing John Larkin to the Board of Water
Commissioners for Saint Paul Regional Water Services
Meeting Date December 14, 2022
Agenda Item Consent G13
Attachment Resolution
Submitted By Jack Linehan, City Administrator
Action(s)
Requested
Staff would recommend approval of resolution and appoint John Larkin to the
Board of Water Commissioners for Saint Paul Regional Water Services.
CITY OF FALCON HEIGHTS
ST. PAAL BOARD OF WATER COMMISSIONERS
VACANCY APPLICATION
Name: 6tr, Lon /,:,,,)
Address: / 7/-S ,Q ' T l4qrs Sf
Phone: (H)33t-zfo--tzz6 (w)
Emailaddress: Jalnt.Lar/.:N. f, j'TO e" q;/.Can-r_
-_______=v-How long have you been a resident of Falcon Heights? f ya", t
Educational background:
Why do you wish to serve?lrfrr-{J
List any community service (inside and outside of Falcon Heights): @ - . dyr-' (-
(/?'\.z-,{.-
Memberships, accomplishments, distinctions:
D frr r(n*,,f, , fr"J SW,, /1"-,J
/fu*Leni/T-:r,ru|cu - /,4or.g,*/ 7 ./,f,
Any other relevant experience: ilo
In addition to the information above a resume may be submitted, but is not required.
Requirements for City Council Members:
1. Be at least 18 years of age at the time the term of office begins
2. Have resided in Falcon Heights for 30 days prior to the appointment
3. Be an eligible voter, i
_-/-
oate: //4 5 -&o,xLSignatur€
Please note: this application and any accompanying materials are public information.
Retunr completed application by Friday, October 14,2022 12:00 pm to: City of Falcon Herghts,2077
W Larpenteur Ave, Falcon Heights, MN 551 13
Occupation:
grr rrotcrvu'w t/tu,
that the individual be a United States citizen
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 14, 2022 No. 22-61 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING JOHN LARKIN TO THE BOARD OF WATER COMMISSIONERS FOR SAINT PAUL REGIONAL WATER SERVICES WHEREAS, the City of Falcon Heights has received water services from the Board continuously since
1963 pursuant to the terms of retail Water Service agreements between the Board and Falcon Heights; and WHEREAS, on October 23, 1996, the City of Falcon Heights and the Board executed a Memorandum of
Understanding, by which the Board will provide water services and take over ownership of water infrastructure to properties within Falcon Heights ; and WHEREAS, the Memorandum of Understanding went into effective January 1, 1998; and WHEREAS, Falcon Heights’ representative on the Board of Water Commissioners, Jim Bykowski, submitted his resignation to the Board of Water Commissioners in August; and WHEREAS, the City of Falcon Heights is required to provide a representative for the Board during the City of Falcon Heights rotation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota appoints John Larkin as the City of Falcon Heights representative to the Board of Water Commissioners for Saint Paul Regional Water Services
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________ Randall Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MEYER Jack Linehan LEEHY ____ Against City Administrator
WASSENBERG WEHYEE
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Resignation of Esha Seth from the Environment Commission
Description
Esha Seth joined the Environment Commission in 2019, and has been an asset to the
Commission throughout the completion of her term. Ms. Seth’s experience in grant
writing and desire to make the City more environmentally friendly, along with her
work experience with the Association for Nonsmokers-MN (ANSR), provided Ms.
Seth with knowledge to share with the Commission on policy-making, and making
environmental changes within a community. On November 10, 2022, Ms. Seth notified
staff of her desire to resign from the Commission, effective immediately. Staff are
grateful for Ms. Seth for the generosity she showed with her time throughout her
years on the Commission.
Budget Impact N/A
Attachment(s) • Resolution 22-62 Resignation of Esha Seth from the Environment Commission
Action(s) Requested Staff recommends approval of attached resolution accepting the resignation of Esha
Seth from the Environment Commission.
Meeting Date December 14, 2022
Agenda Item Consent G14
Attachment Resolution
Submitted By Jack Linehan, City Administrator
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 14, 2022
No. 22-62
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION ACCEPTING THE RESIGNATION OF ESHA SETH FROM THE FALCON
HEIGHTS ENVIRONMENT COMMISSION
WHEREAS, the City appointed Esha Seth in August 2019 as a member of the City of Falcon
Heights Environment Commission; and
WHEREAS, Ms. Seth completed a three-year term on the Environment Commission;
WHEREAS, on November 10, 2022 Ms. Seth communicated her intent to resign her duties from
the Commission effective immediately;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota:
1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon
Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MEYER Jack Linehan
WASSENBERG ____ Against City Administrator
LEEHY
WEHYEE
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approve Impound Services Contract
Description
The City of Falcon Heights will renew its contract from last year with the
Animal Humane Society. The following fees will apply:
• Animals returned to their owners through Animal Humane Society
facilities will incur a $24.00 admin fee charged to the municipality
• Dogs and cats that remain in the facilities through their stray hold will
incur a fee of $208.00
• Services needed for critters and other small companion animals will
incur a fee of $48.00.
These fees will cover the costs of housing, feeding, vaccination, and other
veterinary care.
Budget Impact
Attachment(s) • Impound Services Contract
Action(s)
Requested
Staff recommends approval of the impound services contract for 2023.
Meeting Date December 14, 2022
Agenda Item Consent G15
Attachment Impound Services Contract
Submitted By Jack Linehan, City Administrator
October 21, 2022
City of Falcon Heights
2077 W Larpenteur Ave
Falcon Heights, MN 55113
Dear Municipal Administrator,
Animal Humane Society continues to partner with local municipalities to improve the lives and welfare of
animals as well as the impact they have on people in our community. We look forward to continuing our
partnership with you in 2023.
I am happy to share that there are no significant changes to the language of the contract. Many of you have
had constructive feedback over prior years, and we think the language is in a good place. We did add a lot of
municipalities over the past year, so there were some things we wanted to clarify.
- Deceased animals still need intake paperwork filled out for them.
- If you do have a larger case or need forensics, please refer to our Humane Investigations team instead.
These services are provided at no cost to municipalities.
- ACO’s should not be using this process to circumvent the owner surrender process. An owned animal
needing to be surrendered needs to be coordinated through our Pet Helpline.
- A line has been added to the end of the contract where you can put your best email contact for
Account Payable - where we would send invoices.
- We have also sent a more thorough FAQ for questions that have arisen during the year.
To align our fees with our costs, there is a small 3% increase to our fees. We have also found that the admin
fee does not cover our staff and cremation costs, so we have added a specific fee for this service. This means
that charges in 2023 would be:
- Admin Fee - animal is returned to owner - $25
- Hold Fee - animal is not returned and is held at AHS for 5 days - $214 for dog/cat; $49 for other
- Quarantine Fee - animal is held at AHS for 10 days for rabies quarantine - $428
- DOA Fee - animal is brought in deceased, held and cremated by AHS - $40
- Humane Investigations - must be coordinated with our HI department and does not come with any
fees
If you have any questions about the program in general, please feel free to contact me at the email or phone
number below. If you have any questions about specific billing issues or animals, please contact Astrid Roed,
our site manager in Woodbury.
You will receive a contract digitally that has already been signed by Janelle Dixon, our CEO. Please digitally sign
the contract in PDF format and return to us via the same email address as we sent the contract to you.
We appreciate your partnership as we seek to serve both the people and animals of our communities.
Sincerely,
Graham Brayshaw, DVM
Director of Animal Services, Animal Humane Society
gbrayshaw@animalhumanesociety.org
(763) 489-2224
Animal Humane Society, Woodbury
c/o Astrid Roed, Site Manager
9785 Hudson Rd
Woodbury, MN 55125
aroed@animalhumanesociety.org
(651) 788-4675
1
Animal Humane Society
and
City of Falcon Heights
Letter of Understanding for Impound Housing Services
2023
1. Animal Humane Society (AHS) agrees to provide the following services:
a. Housing for stray or abandoned animals that are retrieved or legally seized by your
municipality’s community service officer (CSO) or animal control officer (ACO), or for
stray animals that are brought into the shelter by a citizen and verbal permission is
given by your agency via phone for intake. Housing includes kennel space, daily
cleaning, food and water.
b. AHS is unable to house wildlife or farm animals.
i. Exceptions can be made for chickens with prior approval of the site manager at
AHS.
c. Herd management vaccination following our standard vaccination protocols, as well as
medically necessary and/or emergency care for sick or injured animals impounded
during regular business hours.
d. Euthanasia services as deemed necessary by an AHS veterinarian. These services may
be provided at the end of the legally required holding period or in the case of a medical
situation that requires immediate euthanasia.
e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be
evaluated for these services at the end of the legally required holding period.
f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff.
The animals will be evaluated for these services at the end of the legally required
holding period.
g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that
have bitten a person.
h. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI
if a live release, 7 days in WI if euthanized or until reclaimed by owner within this
holding period.
i. AHS will follow internal policy and best practice for unclaimed animals. City of
Falcon Heights may request and view AHS policies at any time.
2. AHS expectations:
a. AHS is not responsible for sick or injured animals that are left after hours. Outside
treatment must be sought for these animals by the animal control officer or community
service officer prior to leaving the animals at the AHS facility when veterinary staff
members are not on duty.
2
b. AHS has the sole authority to disposition all animals that have not been reclaimed upon
the expiration of the legally designated holding period.
c. AHS will not accept feral cats seized under municipal authority by your municipality’s
CSO or ACO.
d. AHS is not responsible for collecting any fees from an owner for a municipality.
3. City of Falcon Heights agrees to:
a. Adhere to the drop off procedure set forth by AHS including animal housing at the
shelter and paperwork. Drop off procedures and paperwork training for community
service or animal control officers will be provided.
b. Adhere to state laws and local ordinances that apply to the handling of stray or
abandoned animals and the seizure and return of animals to their owners.
c. Direct citizens where to take stray animals when not receiving permission for
impoundment at AHS.
d. Seek care for injured or sick animals prior to drop off in the event that it is after hours
and/or AHS veterinary staff is not on duty.
e. Pay the designated fees for each animal cared for from your municipality.
i. AHS will charge a standard hold fee of $214 per canine or feline and a $49 fee
per “other” domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by
its owner.
ii. AHS will charge a municipality mandated quarantine fee of $428 per canine or
feline that is held for a quarantine or other holding period lasting more than 5
days independent of who claims the animal after that hold.
iii. AHS will charge a $25 administrative/processing fee to the municipality for
each animal reclaimed by its owner in place of the standard fee. In these
instances, AHS will charge the owner the additional reclaim fees.
iv. AHS will charge a $40 DOA (administrative/processing/cremation) fee for
disposal of any cadavers brought to and AHS facility by a representative of the
municipality.
v. City of Falcon Heights is responsible for fees if the owner does not reclaim by
the last day of the stray hold.
f. Adhere to AHS policy and best practice for unclaimed animals. City of Falcon Heights
may request and view AHS policies at any time.
g. Adhere to building access rules and ensure that the service access door is closed and
locked after use in an after-hours drop off.
h. Ensure that the municipality’s CSO/ACO uses his/her discretion in the field as to
whether or not to impound an animal. AHS is not responsible for those decisions.
i. Be available to members of your community to resolve their concerns related to the
actions of your ACO/CSO officers and your municipality’s procedures, policies and
requirements.
4. Administration
3
a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year.
Billing will be mailed in the first month following the end of the quarter. Payment is
expected within 30 days of receipt of billing.
b. AHS will assign a contact person who should be contacted in the event of any problems,
concerns or to receive feedback regarding the program.
c. Any billing disputes must be raised within 10 days of receipt of billing.
d. The AHS agrees to maintain all data received from City of Falcon Heights in the same
manner as City of Falcon Heights as required under the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
e. Insurance Requirements.
i. Liability. AHS agrees to maintain commercial general liability insurance in a
minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate.
The policy shall cover liability arising from premises, operations, products-
completed operations, personal injury, advertising injury, and contractually
assumed liability. Upon request City of Falcon Heights shall be named as an
additional insured.
ii. Automobile Liability. If AHS operates a motor vehicle in performing the
services under this agreement, AHS shall maintain commercial automobile
liability insurance, including owned, hired, and non-owned automobiles, with a
minimum liability limit of $1,000,000, combined single limit.
iii. Workers’ Compensation. AHS agrees to comply with all applicable workers’
compensation laws in Minnesota.
iv. Certificate of Insurance. The AHS shall deliver to City of Falcon Heights a
Certificate of Insurance as evidence that the above coverages are in full force
and effect.
f. Indemnification:
i. AHS. To the fullest extent permitted by law, AHS agrees to defend and
indemnify City of Falcon Heights, and its officers, employees, and volunteers,
from and against all claims, damages, losses, and expenses, including attorney
fees, arising out of or resulting from the performance of work under this
agreement; but only to the extent caused in whole or in part by the negligent
acts, errors or omissions of AHS, AHS’s subcontractor(s), or anyone directly or
indirectly employed or hired by AHS, or anyone for whose acts AHS may be
liable. AHS agrees this indemnity obligation shall survive the completion or
termination of this agreement.
ii. City of Falcon Heights. To the fullest extent permitted by law, City of Falcon
Heights agrees to defend and indemnify AHS, and its officers, employees, and
volunteers, from and against all claims, damages, losses, and expenses,
including attorney fees, arising out of or resulting from the performance of work
under this agreement; but only to the extent caused in whole or in part by the
negligent acts, errors or omissions of City of Falcon Heights, or anyone directly
or indirectly employed or hired by City of Falcon Heights, or anyone for whose
acts City of Falcon Heights may be liable. City of Falcon Heights agrees this
4
indemnity obligation shall survive the completion or termination of this
agreement.
This agreement is based on a one year commitment, which is renewed annually from the date your
administrator signs the agreement below. If the municipality brings animals to AHS without a signed
contract, it will be assumed that the agreement is extended for term of the next contract. The
agreement can be ended at any time by either party with a 30 day written notice.
This agreement is entered into on the _____ day of _________________, 202___ by
________________________________ ___________________________________
Janelle Dixon, President & CEO Signed on behalf of Municipal Authority
Animal Humane Society
____________________________________
Printed Name and Title
___________________________________
Signed on behalf of Municipal Authority
____________________________________
Printed Name and Title
_____________________________________
Email Address to send invoices
Helpful Tips for Impound Animals
Building Access
o AHS provides 24/7 access to the incoming lobby for the drop-off of animals.
If issues arise accessing the building after-hours, the Shelter Operations
Manager – Astrid Roed, can be contacted at 952-454-7710 (cell).
Keys have been provided as requested, for use on the exterior Incoming door.
During the following hours, staff are typically available to assist with the intake
of an animal. Officers can check in with the staff in the lobby instead of using
the cages.
Wednesday, Thursday, Friday, Saturday & Sunday: 8:00am to 4:00pm
Tuesday: 12:00pm to 8:00pm
AHS Shelter Operations Manager Information
o General inquiries, Case follow-up, and any questions regarding disposition or status of
an animal can be directed to the Woodbury Shelter Operations Manager:
Astrid Roed
Email: aroed@animalhumanesociety.org
Office: 651-788-4675
Cell: 952-454-7710
Kennel Tips
o Ensure kennels latch completely when shutting.
o For some dogs, a secondary clip is needed to best secure the dog. This clip is
hanging on the kennel door for use.
Intake forms
o Please complete the Intake form with all the information available. Some key
areas often missed, or left incomplete, are:
Owner
If owner is known, please include name and all contact
information known. We need that for our records. We do reach
out to all known owners.
Specifically needed are:
o Full name of owner(s)
o Phone number for owner
o Key details we need to know before making calls like
Owner arrested, admitted to hospital or deceased.
If for any reason you would like us NOT to reach out to an owner,
please include that in the notes with as much detail as possible for
the case, but still do provide the owner info.
OWNER SURRENDERS:
o See note under “Other Services Offered” section, for
Owner Surrenders. Generally, these people should be
referred to our Pet Helpline to make a surrender
appointment, unless emergency dictates that officers
accept the owner surrender.
Animal:
Cats should arrive in a kennel, not a live trap, unless known to be
friendly when checked.
Exact location of animal pick-up
o This includes DOA animals.
o If animal has bitten, is it known if vaccinations are up-to-
date? Vaccine Records?
Detailed, concise information for intake reason
Officer (last) Name and Badge #
In order to minimize calls to the submitting officer, please ensure
as much detail as possible is recorded on the Impound form.
Humane Investigation (H.I.) cases:
o What are officer expectations?
o Who is our best contact?
o If you want anything beyond impounding for a standard
timeline you must contact our Humane Investigations
department. New inquiries at:
https://ahs.i-sight.com/external/case/new
tel: 612-772-9999
Length of Hold
We assume a 5-day stray hold for animals and 10-day holds for
rabies quarantines. Please be clear with any other timelines.
Owner Fees:
o AHS will charge applicable fees to any owner reclaiming an animal brought in through
impound, including room and board and vaccinations administered.
Additional AHS Services available to the community
As a shelter, AHS offers services available to community. Community members can contact the AHS Pet
Helpline (952-435-7738) to inquire about scheduling and availability of services.
Owner Surrender, End-of-Life and cremation services are available to owned animals by
appointment. Appointments are scheduled in advance. Wait time for appointments will vary,
and emergency availability cannot be guaranteed. We will accept strays from the public from
any community.
AHS offers Trap-Neuter-Release services to the public for feral cats at no cost. Community
members working with a unowned cats are eligible.
o If caretakers claim ownership for the cats, they should be referred to our Vet Center
Pet Food Assistance – AHS often has donated food available to help community members
experiencing hardship who would benefit from short-term support with food or litter.
Low-Cost Veterinary care - we offer low-cost, full-service, outpatient veterinary care for a means
tested clientele
We offer many other services like training and humane education. These can all be found at our
website: https://animalhumanesociety.org
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item 2023 NYFS Cooperative Service Agreement
Description
For many years now, the City of Falcon Heights has been a partner with
Northeast Youth and Family Services (NYFS). Some of the services they
provide include senior chore services and diversion programs for youth in
various law enforcement cases. Each year the City allocates money in the
general fund to help pay for these services.
Attached is the 2023 Agreement that NYFS is asking all of their partner cities to
approve.
Budget Impact The requested 2023 contribution of $12,246 which is accounted for in the 2023
Budget. This is an 8% percent increase from 2022.
2017 2018 2019 2020 2021 2022 2023
1.0%
Increase
1.4%
Increase
2.8%
Increase
6.8%
Increase
9.2%
Increase
3%
Increase
8%
Increase
$9,017 $9,143 $9,399 $10,038 $10,958 $11,286.74 $12,246
Attachment(s) • 2023 NYFS Cooperative Service Agreement
Action(s)
Requested Staff recommends Council approval of the 2023 NYFS Agreement and
authorization of the Mayor and City Administrator to sign all necessary
documents.
Meeting Date December 14, 2022
Agenda Item Consent G16
Attachment 2023 NYFS Cooperative Service
Agreement and Contribution History
Submitted By Jack Linehan, City Administrator
AGREEMENT
1. PARTIES
This agreement is made and entered into by and between the City of
Falcon Heights, Minnesota (“Municipality”) and Northeast Youth and
Family Services (“NYFS”).
2. RECITALS
a. NYFS is a non-profit social service agency whose mission is to meet the
unmet developmental needs of at-risk youth and families within their
community environment with emphasis on providing services through
collaboration and coordination with existing community resources. These
services are available to youth and families residing in the northern
suburbs of Ramsey County, including, but not limited to, the municipalities
which are signatory to agreements which are identical to this Agreement
(“participating municipalities”) and students and families from Independent
School Districts 621, 622, 623, 624, 282, and 832.
b. Through this Agreement the Municipality intends to contract with NYFS to
provide such services to its residents and to act as a sponsor of NYFS by
providing financial support, a method to establish appropriate services to
be provided and policy guidance for its activities.
c. This Agreement shall be used as the formal agreement between NYFS
and each of the participating municipalities. This Agreement is intended to
continue the spirit of cooperation and collaboration in the provision of
social services between the Municipality and NYFS.
3. TERMS AND CONDITIONS
In consideration of the mutual understandings of this Agreement, the
parties hereby agree as follows:
a. Prior Agreements Cancelled. By execution of this Agreement any prior
agreements and amendments thereto between the parties are hereby
cancelled.
b. Services Provided. NYFS shall provide the Municipality and its residents
with youth and family programs set forth in the Addendum attached
hereto.
c. Principles of Service and Program Establishment and Operations. On a
yearly basis and prior to submission of its annual budget, as provided for
hereafter, NYFS shall:
i. Report regarding proposed changes in services and programs to
the Municipality; and
ii. Establish a fair and open bidding/request for proposal (RFP)
process to contract, manage or provide such services and
programs, which are not directly provided by NYFS staff.
d. Funding
i. In addition to the participating municipalities’ share of the annual
budget, funds for the operation of NYFS will be raised by NYFS
endeavoring to secure user fees, grants and appropriations from
private organizations, the State of Minnesota, Federal and County
agencies, and other legal and appropriate sources.
ii. The Municipality shall pay annually to NYFS the base amount listed
in Exhibit A. This base amount will be adjusted annually for
inflation/deflation based on the Standard Metropolitan Statistical
Area Consumer Price Index for All Urban Consumers (CPI-U) and
municipal population estimates based on MN State Demographic
Center. Any adjustment in the payment beyond those indicated by
reference to the CPI-U shall require approval of each of the
participating municipalities.
iii. Any new municipality joining into this agreement will pay a base
amount annually to NYFS that is on par with the amount paid by
current participating municipalities.
iv. Amounts payable by the Municipality shall be paid to NYFS on or
before January 30th of each year, or at a date mutually agreed upon
by both parties, to cover the Municipality’s share for that year.
e. Board Representation. The Municipality shall have the right to NYFS
Board Representation of City Council, staff or community members (as
designated by the Municipality and approved by NYFS Board) on the
Board of Directors as either a Board Member or Board Advisor.
f. Further Obligations of NYFS. In addition to the obligations set forth
elsewhere in this Agreement, this Agreement is further contingent upon
NYFS doing the follows:
i. The Bylaws of NYFS shall be amended to add provisions requiring
an open process for contracting services as provided for in
paragraph C.2., above, and prohibiting NYFS from supporting or
opposing individual candidates for election to public office in any of
the participating municipalities; and adding the requirement that
IRS 501.C3 status be maintained.
ii. On or before June 30, of any year NYFS shall submit the proposed
city budgeted amount for the subsequent year.
iii. On or before November 30, of any year NYFS shall submit a written
report to the Municipality including an Annual Report, the audited
financial statement, and a program specific summary of services
provided to the municipality; in addition, 30 days from the end of
each calendar quarter, NYFS shall submit a written report to the
participating municipality.
iv. Periodically advising the Municipality of services available through
NYFS to the Municipality’s residents;
v. Establishing a sliding scale for services available through NYFS to
the Municipality’s residents and periodically advising the
Municipality of such fees;
vi. Providing other reasonable information requested by the
Municipality;
vii. Purchasing a policy of liability insurance in the amount of at least
$1,500,000.00, naming the Municipality as an additional insured
and providing a copy of the insurance certificate evidencing such
policy to the Municipality;
viii. Provide the Municipality with a copy of its Articles of Incorporation,
Bylaws, Amendments thereto, and the IRS tax exempt status letter;
ix. NYFS shall defend and indemnify the Municipality from any and all
claims or causes of actions brought against the Municipality of any
matter arising out of this Agreement or the services provided
pursuant to this Agreement; and,
x. Without the written approval of the Municipality, NYFS will not enter
into any agreement with any other municipality which differs from
the terms and conditions of this Agreement.
g. Term. The term of this agreement will be through December 31, 2023.
Unless either party gives at least 6 months written notice of its intent to
cancel this Agreement effective December 31 of the year in which the
notice is made, NYFS will continue to provide services to the Municipality
if a successor agreement has not been executed prior to the end of the
term.
h. (A) Distribution of Assets Upon Dissolution.
If NYFS ceases to operate, the Board of Directors will do one of the
following:
i. Give the assets to one or more non-profit agencies providing similar
social services in the northern suburbs of Ramsey County; or,
ii. Form a new Foundation to fund appropriate social service
programming in the northern suburbs of Ramsey County.
The final Distribution of Assets Plan must be approved by the Ramsey
County District Court.
(B) Deviation from the Mission.
If the City Council determines that NYFS has materially deviated from its
mission (See II. Recitals, A.), the City Council may ask the NYFS Board of
Directors to consider dissolving the agency and liquidating the assets.
The Board will do one of the following:
iii. Consider the request and by a majority vote deny it.
iv. Consider the request and by a majority vote agree to modify the
programs to be consistent with the mission.
v. Consider the request and by a majority vote agree with the request
and move to dissolve the agency and liquidate the assets.
IN WITNESS WHEREOF, the parties have executed this Agreement on this date
set forth below.
MUNICIPALITY
City of Falcon Heights
By: ______________________________
Elected Official
Its: ______________________________
Clerk/Manager/Administrator
Dated: ______________________________
NYFS
Northeast Youth & Family Services
By: _______________________________
President/CEO
Its: _______________________________
Chair of the Board of Directors
Dated: _______________________________
12/2022
Northeast Youth & Family Services
Municipal Participation Figures
Municipal Contract Community Advocate Municipal Contract Community Advocate
2022 2022 2023 2023
Board Approved Increase Dollar increase Board Approved Increase Dollar increase
of 8.5 % based on CPI-U over 2022 of 8.5 % based on CPI-U over 2022
Falcon Heights 11,286.74$ 12,246.11$ 959.37$
Little Canada 21,395.16$ 23,213.75$ 1,818.59$
Mounds View 27,455.68$ 25,750.00$ 29,789.41$ 2,333.73$ 27,938.750$ 2,188.750$
New Brighton 47,625.14$ 10,300.00$ 51,673.28$ 4,048.14$ 11,175.50$ 875.50$
North Oaks 10,926.24$ 11,854.97$ 928.73$
Roseville 74,720.32$ 20,600.00$ 81,071.55$ 6,351.23$ 22,351.00$ 1,751.00$
St. Anthony 18,678.02$ 12,875.00$ 20,265.65$ 1,587.63$ 13,969.38$ 1,094.38$
Shoreview 54,548.80$ 59,185.45$ 4,636.65$
Birchwood 1,804.56$ 1,957.95$ 153.39$
Hugo *15,000.00$ 16,275.00$ 1,275.00$
Mahtomedi 16,562.40$ 17,970.20$ 1,407.80$
Vadnais Heights 27,187.88$ 29,498.85$ 2,310.97$
City of WBL 52,443.48$ 25,750.00$ 56,901.18$ 4,457.70$ 27,938.75$ 2,188.75$
WB Tnship 22,855.70$ 24,798.43$ 1,942.73$
Lauderdale 4,678.26$ 5,075.91$ 397.65$
Total 407,168.38$ 95,275.00$ 441,777.69$ 34,609.31$ 103,373.38$ 8,098.38$
* Hugo splits its support of NYFS with another Community-Based Mental Health agency
Contracted Services
Mental Health Services:
• Shoreview and White Bear Lake Mental Health Clinics – licensed mental
health staff provide therapy for the emotional health of children, teens, and
adults.
• School-Based Mental Health – licensed mental health staff provide onsite
therapy in the schools for the emotional health of students within Roseville,
Mounds View, and White Bear Lake school districts.
Community Service Programs:
• Youth Diversion – a coordinated range of services for youth who have
committed minor offenses (e.g. shoplifting, chemical/alcohol use, vandalism)
to help them focus on positive behavior and prevent recidivism.
• Community Connections – This seven-week program helps youth develop
social and emotional skills while expanding their horizons and helping them
deepen their commitment to their own futures through service, post-
secondary education exposure, career exploration, and mentorship.
Non-Contracted Services
Mental Health Services:
• Northeast Educational & Therapeutic Services (NETS) – provides therapy
and academic support for youth in grades 6-12 with severe mental illnesses
who cannot function in traditional school environments.
Community Service Programs:
• Community Advocate – This program serves people who have been
involved with local law enforcement but have needs that cannot be
sufficiently addressed by law enforcement alone. This can include: mental
health issues, family instability, medical care and other needs. Addressing
these underlying issues reduces the need for law enforcement intervention
in the future.
BLANK PAGE
REQUEST FOR COUNCIL ACTION
CITY OF FALCON HEIGHTS, MINNESOTA __________________________
Item City Administrator (Jack Linehan) - Six Month Employee Step Adjustment
Description
Jack Linehan, City Administrator began his employment with the City on May 2,
2022. Jack has completed his first six (6) months with the City. It is the practice of
the City to reward after the six month probationary period with up to a 5% step
increase in their base salary.
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 Jack Linehan effective November 2, 2022.
Meeting Date December 14, 2022
Agenda Item Consent G15
Attachment N/A
Submitted By Randy Gustafson, Mayor
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item Grant Application for grant funds through Saint Paul Garden Club (SPGC)
Description
The City of Falcon Heights was recently approached by representatives from the
Saint Paul Garden Club (SPGC) and Monarch Joint Venture (MJV) to apply for a
grant through the SPGC. The funds would help restore pollinator habitat near
the pond at Community Park by adding milkweed and other native blooming
plants. Funds would also be used to replace educational signage within the park.
Community Park has served as a formal Monarch Larva Monitoring site for the
past 25 years.
Budget Impact The total grant request was $4,000 with no match required.
Attachment(s) • SPGC / MJV Grant Application
Action(s)
Requested
Staff recommend approval of attached application of the 2023 SPGC/MJV grant.
The grant is in the amount of $4,000.
Meeting Date December 14, 2022
Agenda Item Consent G18
Attachment Grant Application
Submitted By Kelly Nelson
Assistant to the City Administrator
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SAINT PAUL GARDEN CLUB
Application for 2023 Funding
To Be Submitted by Wednesday, November 30, 2022
By either Hard Copy or Email
Organization Information
Name of Organization: Monarch Joint Venture________________________________________
Address: 2233 University Ave W, Suite 426___________________________________________________
City, State, Zip: St. Paul, MN 55114________________________________________________________
Tax ID; Employer ID# (EIN) 83-1343107________________ [Attach IRS Determination Letter]
Phone: 320-226-6507 MN Sales and Use Tax #___________
Contact Individual for Application: Wendy Caldwell ______________________________________
Phone (w) (c) 320-226-6507 Email: wcaldwell@monarchjointventure.org
Is your organization an IRS 501(c)(3) not-for-profit? __x___ Yes _____ No
(If NO, please specify how applicant qualifies as a non-profit entity.) _________________
Does your organization use a fiscal agent? _____ Yes __x__ No
(If YES, please provide contact information)
Grant Proposal Information
1. Summary: In addition to attached Proposal Narrative (see item 6 below), please state below a 2-3
sentence summary of your request.
This grant would help restore pollinator habitat and replace heavily degraded educational
signage in an area of the Falcon Heights Community Park, where we engage volunteers in
formal Monarch Larva Monitoring Project surveys each summer on a weekly basis. The
plantings would include native milkweed, which monarch larva exclusively feed on, as well as
other native blooming plants that provide nectar to adult monarch butterflies.
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2. SPGC Sponsor:
Name of St Paul Garden Club Sponsor: Dana Boyle_____________________________________
Relationship of Sponsor to proposing organization, if any: Chair of MJV Board of Directors
3. Project Dates: April – November 2023
4. Dollar Amount Requested from SPGC: $4000
5. Check Information:
If your request is granted, a check will be sent by US Postal Service to the organization. Please provide
the following:
Name of entity to which check should be made payable:
____Monarch Joint Venture ___________________________________________________________
Name of individual for mailing: _Wendy Caldwell __________________________________
Mailing address for check by USPS: _2233 University Ave W, Suite 426, St. Paul, MN
55114________________________________________________
6. PROPOSAL NARRATIVE: Attach a complete Proposal Narrative (to include the information
requested in Part I and II on page 3), with specific focus on Part II, detailing (a) the funds requested
and (b) to what specific expenditures the requested funds will be applied. If your Project includes the
use of native plants, you may want to make special note of that fact, and discuss any specifics.
7. OTHER ATTACHMENTS: Attach the documents requested in Part III of the Proposal Narrative on
page 3.
8. Final Report:
If you received SPGC funds last funding cycle, the Allocations Chair must receive, on or before
November 30, 2022, your Final Report, with pictures, detailing how you used the funds. SPGC cannot
consider a 2023 request without receipt of a timely 2022 Final Report.
If your 2023 request is granted, a Final Report, with pictures, detailing how you used those funds must
be received by SPGC on or prior to November 30, 2023.
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Proposal Narrative
Brief Organization Overview
Since 2009, the Monarch Joint Venture (MJV) has convened partners from across the United States in a unified
effort to conserve the monarch butterfly and its amazing migration. As a leader in monarch conservation and
network building, the MJV supports conservation planning and implementation efforts on a broad scale by
facilitating information sharing, partnership building, and carrying out identified conservation priorities. The
MJV partnership comprises over 120 diverse partners, ranging from government agencies and NGOs to
businesses and academic institutions working together to implement science-based conservation actions. The
MJV partnership’s main priorities are: habitat conservation, education and community engagement, science,
and partnership. This mission extends beyond our flagship species, to actively engage stakeholders across
environmental issues where the work we conduct can have many benefits. The MJV maintains its headquarters
office in St. Paul, Minnesota, and has remote staff in six other states. In 2023, we expect to have 16 full-time
staff, one part-time office support staff, two 11-month Conservation Corps interns, and four seasonal field
technicians. Our board of directors spans six states and totals 13 directors currently.
Purpose of Specific Grant Requested
Project Description and Location: This grant would help restore pollinator habitat in an area of the Falcon
Heights Community Park, where our formal Monarch Larva Monitoring Project is conducted every summer.
The plantings would include native milkweed, which monarch larva exclusively feed on, as well as other native
blooming plants that provide nectar to adult monarch butterflies.
This civic improvement project would restore habitat for monarchs and other important native pollinator species
in a community park that has been used as a formal Monarch Larva Monitoring Project site by the Monarch
Joint Venture (MJV) and former University of Minnesota Monarch Lab for around 25 years. The Falcon
Heights Community Park is close to the University of Minnesota’s St. Paul Campus, Gibbs Family Farm and
the Bell Museum, and is located at 2050 Roselawn Avenue. It is 14.5 acres in size and attracts community
members of all ages from the surrounding neighborhoods. The land is currently owned by the University of
Minnesota and managed by the City of Falcon Heights, and includes athletic fields, a shelter and a community
garden, as well as a pond that is surrounded by a walking path.
On the inside ring of the path, the habitat contains a wetland and wetland plants as well as prairie vegetation
along the gradient of the slope. Natural prairie and forest vegetation surround the path around the outside. The
prairie areas have degraded over time, which is why we are asking for this grant to restore them. The goal is to
create newly restored patches with a focus on the kinds of plants that host monarchs and other important native
bee species and other butterflies. Because of our expertise in this area of pollinator habitat restoration, the MJV
will provide the project design and assist in managing the installation and further monitoring. Included in the
project is signage to replace the one missing and one weather-beaten sign that originally provided education
about the natural habitat and the life cycle of the monarch butterfly. The MJV will coordinate closely with the
responsible staff member at the City of Falcon Heights on every aspect of the project. The City is interested in
this work, sees it as very beneficial, and plans to be an engaged partner in the restoration activities.
4 | P a g e
This project would create sizeable patches of milkweed – primarily, swamp milkweed (Asclepias incarnata)
closest to the pond, and common milkweed (Asclepias syriaca) and butterfly weed (Asclepias tuberosa) on the
drier banks that ring the path. Also favored are a few other critical native flowering species of nectar-producing
plants that help adult monarchs especially as they fuel up for their migration to Mexico. We plan to observe
bloom diversity throughout the 2023 growing season, and will target species for our fall planting that fill bloom
period gaps. A specific late summer blooming species that we intend to augment is meadow blazing star (Liatris
ligulistylis), which offers a vibrant purple bloom that is extremely attractive to migrating monarch butterflies.
The design of the plantings will take several factors into account, such as the appropriate soil, sun and moisture
conditions, and will replace overgrown weedy sections. The new pollinator patches – which are expected to
self-seed and expand over the years – will be in areas that are visible to park visitors, so that education and
enjoyment will be factored into the newly restored habitat. The Monarch Joint Venture maintains relationships
with a wide network of nurseries, ensuring the highest quality supply of healthy, pesticide-free native plants.
Specific expenditures: Funds will be used to help prepare the site for planting (i.e. chemical or mechanical
removal of weeds, mowing or cutting brush to remove woody vegetation, etc.), to purchase native plants
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(milkweed and other native forbs), and for signage for the site to replace extremely worn down interpretive
signage and educate park visitors about monarchs and community science.
Community Impact: To build on education and community engagement, this grant request includes the cost of
two interpretive signs that would replace the old signs – one of which is cracked and unreadable and the other of
which is missing. These two habitat signs, both 34” W x 22” H, were installed in 2007 around the pond area,
and it is believed that the metal pipe stands can be re-used. Only the sign inserts would need to be replaced.
Those interpretive signs will focus on the importance of milkweed for monarchs and share the monarch life
cycle and opportunities to engage in community science volunteering. They will credit the Saint Paul Garden
Club for providing the signs.
We know that visitors to the park are curious about monarchs, as they often stop to chat when we are out
conducting our community science data collection, which our volunteers do weekly from May to October.
These opportunities to share information and provide education is something that the public seems to value a
great deal.
Community Park is Falcon Heights’ largest and most widely used park, where the majority of the City’s park
and recreational outdoor activities are held, as well as city-wide celebrations throughout the year. In addition,
Community Park features 38 garden plots, which participants can apply to garden each year, following organic
gardening principles. Even after nine additional plots were added in 2021, a waiting list still exists for these
sought-after gardening plots.
Type of impact: This project covers all of the areas of educational, ecological, beautification, conservation, and
food security impacts through direct habitat restoration, volunteer and community engagement in the project
and ongoing monitoring activities, and direct support to pollinators who are critical in securing our food
systems.
Maintenance: The City of Falcon Heights will provide ongoing maintenance of this site, including watering as
the restored patches of plantings establish. Support from MJV staff, board, and volunteers, as well as Falcon
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Heights Park community gardeners will be provided for seasonal watering, weeding, and surveying. Because
we are specifying only native plants that are suited to this location, we anticipate that they will be able to
survive (and spread appropriately) on their own after the first year. In addition, the Monarch Joint Venture will
provide as needed updates to the City if there are site issues or management recommendations encountered
during our monitoring activities for the Monarch Larva Monitoring Project from May – October each year.
Total Cost of Project:
A budget spreadsheet is also attached. Additional details:
Plant and/or kit costs are based on prices from Minnesota Native Landscapes “Monarch Kit”. We expect to
purchase from Minnesota Native Landscapes or another native plant nursery providing services in the Twin
Cities. The budget plans for about 720 plant plugs (come in 36 plug trays), that will be a combination of
milkweed species (Asclepias syriaca, A. incarnata, and A. tuberosa), Liatris ligulistylis, and other native
wildflowers.
We’ve priced replacement signage from a local company, Vacker Sign, who estimated the cost of replacing the
24x36 tuff panel and frames for each of the two signs at the park would cost approximately 1840.
All additional project costs will be incurred by the City of Falcon Heights or Monarch Joint Venture through
existing resources. These include labor and materials for sign design, site preparation, planting, volunteer
coordination, etc.
Total SPGC request: $4000; Total Project Cost: $6,640
Total annual budget for Monarch Joint Venture: $1,500,000
SPGC recognition proposed: The SPGC would be acknowledged for project funding on the permanent site
signage, and the Monarch Joint Venture will do a project write-up with acknowledgement to share with its
follower network via email and social media.
The City of Falcon Heights would share news and updates related to the project in its weekly newsletters, which
are both emailed to the database of subscribed residents and available on the City’s website, as well as through
social media posts and within our quarterly newsletter, which is mailed to households within Falcon Heights.
We hope that you will consider this request and we would be more than willing to invite Saint Paul Garden
Club members and their families to help with the planting of these patches.
III Attachments
A. 2021 audited financial statement
B. Total Project Budget
C. Copy of IRS determination letter indicating tax-exempt 501(c)(3) status