HomeMy WebLinkAbout12-28-2022 Regular Meeting
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 28, 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. December 7, 2022 City Council Workshop Meeting Minutes
2. December 14, 2022 City Council Regular Meeting Minutes
F. PUBLIC HEARINGS:
G. CONSENT AGENDA:
1. General Disbursements through: 12/21/22 $227,291.33
Payroll through: 12/15/22 $18,372.40
Wire Payments through: 12/15/22 $13,191.88
2. City License(s)
3. 2022 Year End Budget Amendments
4. 2022 General Fund Transfer(s)
5. Amendments to the Saint Paul Academy and Summit School Project Revenue Refunding
Note Series 2017
6. 2023 City Calendar
7. Acceptance of Donation from Falcon Heights / Lauderdale Lions Club
8. Accept the Addendum to Feasibility Report and Order Public Hearing for the Idaho-
Iowa Alleyway Improvement Project 21-03
9. Request for Approval for Payment of First and Final Invoice to Q3 Contracting for 2021
PMP Restoration
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:
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CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
MINUTES
December 7, 2022
6:30 P.M.
A. CALL TO ORDER: 6:30 pm
B. ROLL CALL: GUSTAFSON__X__ LEEHY_X__
MEYER ___ WASSENBERG_X__ WEHYEE_X__
STAFF PRESENT: LINEHAN_X___ SORENSEN__X__
C. POLICY ITEMS:
1. Tubman Legal Services Request for Funding
Linehan states that Tubman Legal Services is a not-for-profit organization that
serves Hennepin, Ramsey and Washington counties, offering pro-bono legal
services for those experiencing trauma—particularly victims of relationship
violence, sexual assault and more.
Tubman Legal Services actively supports the Falcon Heights community and
with the assistance of the City Prosecutor, helps victims of domestic violence
navigate their way through the court system. They also help victims with the
steps to filing orders of protection. In 2021, Tubman helped Falcon Heights
residents by providing the following services:
• 5 clients with protective orders for a total cost of $928.97
• 8 criminal advocacy cases for a total cost of $4,056
• 6 legal intervention calls from law enforcement (RCSO calls Tubman to
assist victims following domestic violence/sexual assault incidents) for a
total cost of $155.94
Due to financial constraints, Tubman Legal Services has had to scale back their
services. To keep the services they offer to the communities of suburban Ramsey
County, Tubman is requesting funding from each community to support their
mission, depending on size. For 2023, Tubman is requesting $5,000 from the City
of Falcon Heights to continue to offer their services.
The City has a policy in our Administrative Manual that covers requests for
financial contributions. The criteria requires strict guidelines, which staff is of the
opinion that Tubman meets. It is up to the City Council to decide on whether to
fund this request for financial contributions.
A representative from Tubman Legal Services will be in attendance at the
meeting to present their proposal and answer questions. In addition, the
historically the City does not usually give funding to non-profits.
Council Member Wehyee asks how much residents know about this service and how
we can advertise it more.
Linehan states if we did give more funding, the expectation would be for them to be
more a part of the community. Also, the service is nice because they have a variety of
other services that residents can use.
Mayor Gustafson states that every domestic abuse call is sent to Tubman.
Linehan says Tubman is asking for a different amount for each community.
Council Member Wassenberg asks if this line item is continuous in our budget from
year to year or if this would be a one-time payment.
Linehan states yes, we would have to approve this contract every year. But in
addition, they would still provide our city services if we did not fund them.
Jen Polzin from Tubman states they can do a lot of work remotely.
Council Member Wehyee asks how many residents use their service.
Polzin states roughly 30%. In addition, Polzin mentions that when working with
someone, we provide all the resources at our disposal. For example, with Tubman, a
freedom fund can be used.
Council Member Leehy asks if the Tubman representatives can define kids in
transition.
Emily Barnhill from Tubman says they keep it vague for kids who are through many
different things.
Polzin states that they like to work with our clients through the whole process.
Council Member Wehyee asks of the two different types of populations, what
population do you see the most?
Barnhill says that’s a hard question to answer because everyone is affected by
domestic violence.
Polzin states we do not receive funding from Ramsey County or the cities we serve.
So, we had to make some hard decisions. So, we decided that we had to step back.
Mayor Gustafson asks if a victim doesn’t have Tubman, is there another agency to go
to?
Polzin says not in the Ramsey County suburbs.
Council Member Leehy asks whether you ever work with crisis nursey
organizations.
Polzin says that she is guessing other parts of Tubman do, but we do have
experience with them on the legal side.
Council Member Leehy asks do you guys collaborate with the victims of sexual
assault in Ramsey County.
Polzin says that they often work in sexual assault services.
Council Member Leehy asks how many people work for the entire organization, and
Tubman is asking for funding for the legal services or all of the other services that
Tubman provides.
Polzin says that Tubman has 100 employees and just for the legal services.
Linehan asks if Polzin can talk more about safety planning.
Barnhill says that a huge part of what we do is safety planning. We spend a lot of
time with people in crisis and try to connect them with advocates who help them
with safety planning and resources. So, the depth of our advocacy is extremely
important to us.
Council Member Wassenberg asks if Tubman has a broad expanse of services
besides the legal service that helps Falcon Heights residents. Is that correct?
Polzin says yes.
Linehan asks have other cities have indicated their support.
Polzin says they are still waiting to hear back from most of the cities we cover.
Council Member Wehyee asks what your outreach plan is.
Barnhill says that the Ramsey County Sheriff’s Office does carry cards on their
person and at the courthouse. Also, a lot of word of mouth through previous clients
or people who have worked with Tubman.
Polzin states that they try to table at events. However, it is hard for our organizations
to outreach.
Mayor Gustafson states that he would favor Falcon Heights to give you funding.
Polzin states that Tubman keeps ongoing data and that they know they are late to
the game in asking cities for funding. So, they have based all of their prices on cases
per city.
Polzin asks what the next steps are.
Linehan states If we were to fund, we can’t add a service without taking something
out. We are a little late since we finalized our budget.
2. Budget Workshop #3
a. 2023 Capital Plan
Linehan highlights some major aspects of the 2023 capital plan.
• Total 2023 Capital Outlay: $3.675 million
o 2023 PMP - $1.68 million
o Community Park / Park Improvements - $1.5 million
o Machinery & Equipment - $146 thousand
o Larpenteur Street Lights - $300 thousand
o Sidewalks - $10 thousand
o Furniture & Equipment: $8.5 thousand
o Misc. - $22.5 thousand
Linehan states the costs of the 2023 pavement management program.
o Mill and Overlay - $427,000
o Garden Avenue Reconstruction - $680,000
o Garden Ave Sidewalk - $299,000
o Storm Sewer - $242,000
o Sanitary Sewer - $40,000
Linehan then goes into how the 2023 pavement management program is being
funded.
o Bond - $675,000
o Assessments - $120,000 ($533,000 over 10-years of bond)
o Street Fund - $287,000
o State Aid - $586,000
o Storm Sewer Fund - $242,000
o Sanitary Sewer Fund - $40,000
Linehan transitions in the Community Park improvements.
o Budget: $1,500,000
o Costs include:
Park Acquisition
Design / Plans
Demolition of Park Structure in 2023
Utility Relocation
Environmental Costs
o $1,500,000 budgeted in 2022. If purchase does not close before year-end,
funds transferred to next year.
Council Member Wehyee asks how is state aid determined.
Linehan: states one a part is population-based and your streets have to meet the
criteria. In addition, Linehan is hoping 1.5 million dollars is enough. We are
pursuing grants. The ARPA funds will provide two payments of $300,000.
b. 10-Year Capital Plan
Linehan gives an overview of the machinery and equipment of the City.
o 1-Ton Truck with Dump Box - $55,000
o Scheduled replacement of the 2012 Ford F-350 1-ton truck (45,284
miles). Was scheduled for 2022 on our equipment replacement
schedule, but moved to 2023 due to vehicle inventory shortages.
Will be traded in.
o Bobcat 5-650 - $40,000
o Scheduled replacement of the 2011 S-650 Bobcat (865.3 hours use).
Was originally scheduled for replacement in 2021, moved to 2022
and then again to 2023 due to availability of newer models.
o Current Bobcat will be traded-in.
o Bobcat 5-590 - $40,000
o Scheduled replacement of the 2013 S-590 Bobcat (532.5 hours).
o Current Bobcat will be traded-in.
Linehan transitions to the Larpenteur streetlights.
o $300,000
o The Larpenteur Avenue streetlights includes 32 city-owned
decorative lights that were installed in the 1990s between Arona and
Fry Street.
o Due to underground wire faults, many of the streetlights no longer
function and are in need of full replacement. This includes the conduit
underground, involving sidewalk removal and replacement. Other
streetlights have been destroyed by vehicular accidents over the
years.
o Funding Breakdown is:
$220,000 Capital Fund
$80,000 TIF District 1-3 (Falcon Town Square)
Linehan states that the sidewalk is due for replacement as well.
Council Member Wassenberg asks if we are going to replace the streetlights, will we
keep the look or replace the whole structure.
Linehan states that will up for the Council to decide. In addition, Linehan asks if the
Council is in favor of paying for this.
Mayor Gustafson asks can we assess the business owners for this.
Linehan states that he is not sure.
Council Member Wassenberg states that he thinks it makes sense for our commercial
district to be well-lighted and maintained.
c. 2022 Budget Year End Estimate Updates
Linehan highlights the 2022 general fund year end estimate.
General Fund Revenue
o Estimated to come in 3% over budget
Key factors: Lauderdale plowing contract, permit fees
including re-roofs up significantly in 2022.
General Fund Expenditures
o Estimated to come in -2% under budget
Key factors: Legal fees, snow removal savings, department
expenses down
Year-End Projected Surplus: $157,107
o Recommendation: At 12/28 City Council Meeting, transfer
surplus to Parks Capital.
d. 2023 Budget Updates
Linehan discusses the 2023 general and changes since the preliminary levy.
General Fund Revenue
o $3,091,322 – NO NET CHANGE
Revenue Adjustments:
• Liquor Licenses – $8,000 -> $6,000
o Sumo & Smoh has indicated they are not
renewing their liquor license for 2023
• Window/Siding Permits - $10,000 -> $11,000
• Mechanical Permits - $9,200 -> $10,200
General Fund Expenditures
o $3,091,322– NO CHANGE
If Tubman proposal is recommended:
o Increase Legislative Expenditures (111) by $5,000 for new line item
o Decrease Tree Trimming (134) by $5,000
$30,000 budgeted in 2022, $10,000 expected to be spent
$30,000 budgeted in 2023, will be doing NE Quadrant.
Northome cost $23,000 in 2021 and would be a similar
price for 2023 in NE Quadrant.
Linehan says if there was an item to reduce in the budget, this is the one.
Mayor Gustafson asks can we use some of the surplus for 2022 and fund Tubman
this year, and for 2023, create a line item in the budget to fund the Tubman.
Linehan says yes, the Council can do that.
Mayor Gustafson asks the Council if they should give Tubman $10,000.
Council Member Wehyee says it would not send a good precedent to send to
other organizations coming to council asking for funding.
D. ADJOURNMENT: 9:23 pm
_______________________________ Randall C. Gustafson, Mayor
Dated this 28th day of December, 2022
_________________________________ Jack Linehan, City Administrator
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or
action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
December 14, 2022 at 7:00 P.M.
A. CALL TO ORDER: 7:02 p.m.
B. ROLL CALL: GUSTAFSON__X__ LEEHY__X_ MEYER _X__
WASSENBERG __X__ WEHYEE_X__
STAFF PRESENT: LINEHAN_X__
C. APPROVAL OF AGENDA
Council Members motioned to
approve the city council agenda;
approved 4-0
D. PRESENTATION
E. APPROVAL OF MINUTES:
1. November 9, 2022 City Council Regular Meeting Minutes
City Council Member Wassenberg
motions to approve the minutes;
approved 4-0
F. PUBLIC HEARINGS:
1. 2023 Truth in Taxation and Budget Presentation
Factors that Affect Taxes
Linehan states that he will walk through how the City got to the proposed tax rate,
history on the tax rate for the City, and a general overview of the City’s budget.
Linehan says that when you look at the factors that affect the City’s taxes, the first is
any changes in a tax levy made both by a City, County, or Special Taxing Authority,
which, for the City, includes the MET Council, Capital Regions or Rice Creek
Watershed Districts, depending on where you live. The other thing that will change
the impact on your taxes are the change in your value of property. Linehan mentions
that he will talk more about this later in the presentation, but, that was one of the
central themes of this budget and one of the main major changes this year compared
to previous years. Other things that will happen is legislative changes. Now,
historically from about 2000 to 2012, this was a major factor for Cities in Minnesota
with the legislature making cuts to LGA and other funding. That hasn’t happened in
recent years; they have kind of kept of local government operations, but that is
always a possibility. And the other thing that can change too, is whenever a new tax
is approved by referendum or applied to a market tax value so not to tax capacity. A
good example is referendum from the schools for additional funding like Roseville
did the previous year.
Ramsey County Tax Statement
Linehan then explains the Ramsey County Tax Statement. Ramsey County sent out
the Tax Statement to all households in Ramsey County sometime between
November 9th to Thanksgiving. Residents should have received a copy of this. The
Tax Statement is not a bill; it breaks out who the taxing bodies are, what their
proposed levies are, and where their Truth and Taxation session will be.
Market Value Exclusion
One of the big factors of the City’s budget is the market value exclusion. Linehan
mentioned earlier the legislative changes in 2011, the State eliminated the Market
Value Homestead Credit which was a common credit that taxpayers would utilize
and they replaced it with the Market Value Exclusion. So, taxable market value is
what is used to calculate your taxes. Ramsey County takes an appraisal of your
home and then the taxable market value is a percentage of that is used to calculate
taxes. As the benefit to properties decreases as values rise so if your household gets
closer to the cap and the cap was set at 413,000 give or take back in 2011. As your
property gets closer to that cap you lose more of this Market Value Exclusion. The
hard part is in 2011 if you had a property of $400,000 value that was thought of as
pretty expensive property. A lot of those properties at that time were $400,000 are
now worth $800,000, but that cap has not changed since 2011. This also only applies
to homestead properties, so it doesn’t apply to non-homestead if you own multiple
properties that are rentals.
How the Taxable Market Value is Calculated
When it was put together, the maximum value is essentially around $76,000. So, if
your property was worth $76,000, you are getting the most value; it decreases
exponentially up until that $413,800 mark. As the market value increases, the
exclusion amount decreases.
Property Tax: Market Value Exclusion
Linehan shows an example of that. Linehan says that if there are three different
houses, one is worth $200,000, another is $300,000 and the last one is $400,000. So, if
you look at this $200,000 property, their taxes would be $704. That’s before the
exclusion; with the exclusion, they are down to $636. They are saving a nice sizable
gap, the difference between those lines. When you get up closer and closer to that
exclusion and cap at the $300,000 level, you are looking at much less savings. At
$400,000, they are almost entirely maxed out at the cap and they are only saving $5.
Now, if your house is valued at $485,000, you get $0 of exclusion. Linehan then
explains the difference between red line (with exclusion) and the blue line (without
exclusion). Back in 2022, the median household in Falcon Heights was valued at
about $309,000, and in 2023, the appraisers have increased that amount significantly
up to about $362,000; and so, so the majority of the City’s households are no longer
benefitting from the market value exclusion.
Ramsey County Median Values
As Linehan mentioned previously, if you look at median value increases, Ramsey
County and households in Ramsey County in general, had a major increase in the
last year. What happened last year from 2021 to 2022, Falcon Heights’ average home
value, according to the appraisers, went down about $10,000. That didn’t necessarily
reflect what the market was doing. Anyone who was home buying between 2019
and 2021, prices continued to rise, and Linehan’s estimation essentially what
happened, was that there was an over correction this year. So, they tried to rectify
that with a steep increase in value and you will see Falcon Heights had a 17.2%
increase in average property value of the communities in Ramsey County. Falcon
Heights was the third highest behind Lauderdale and White Bear Lake. The
important thing is that the difference between Lauderdale and White Bear Lake is
that if you look at their median home values they are significantly less. So, in
Lauderdale, a lot of the residents are still benefiting from the market value exclusion.
In Falcon Heights, with more and more properties going over the cap, the city is not
benefiting as much.
2023 Property Tax Allocation
When you look at your property tax bill, and its different for everybody, but to use
as an example, we are using an average tax bill. About a third of your tax bill
actually comes from the City. So, the major drivers are the County, which is the
largest portion, the City is second, School District is third, and the Special Districts
make the least. Linehan then compares Falcon Heights’ tax rate to other
communities. In Falcon Heights proposed budget for this year.
Ramsey County Tax Rates
The City is proposing to decrease tax rate from about 38% down to 35.14. As we
compare to other communities in Ramsey County, last year, the City was about the
third highest, and this year, we are down to fifth because of the decrease.
City Tax Rate History
Looking at the history of the City’s tax rate and seeing where this has kind of
changed, so, for a long period time, from about 2004 to 2016, the City was hovering
around 25%, give or take, down to 18% at one time, up to 27%. Starting in 2018, as
the City recalls, that is when the City made the transition to Ramsey County Sheriffs
Office. The City had to see major increases in the police contract, so to cover that, the
City had to do double digit levy increases two years in a row. So, 2018 and 2019, the
City jumped from 26% to 37%. The City was able to remain relatively stable for the
last few years as the City has caught up to the Ramsey County contract. The City has
tried to level off expenses. This the City has decreased from 38.74% to 35.14%.
History of Transfer of Reserves to General Fund
Linehan says one thing to point out that is really important for residents and the
Council to know, is that historically, starting in the mid-2000s, the City took an
approach to balance the budget because the City has large reserves at those times.
What the City would do, is balance the budget by using those reserves, which at the
time, isn’t always a bad thing; sometimes it can be necessary, but it’s not sustainable
and its not something you can do year after year because eventually you will deplete
your reserves faster than you build them. Since 2015, the City has not used reserves
for general operating expenses. Now, the City will transfer every now and then from
the general fund reserves to the capital fund and do other transfers, but the City
doesn’t use that for operating expenses, which is crucial.
History of Property Tax Levy
Linehan says now that you look at the actual levy. The levy is determined by
essentially taking the City’s expenses, which the City tries to get this number as low
as possible, but the reminder of what the City needs to cover for the budget when
you factor in revenues, permitting fees, and everything else, is what the levy is. The
levy is a combination of ad valorem taxes… so, that’s the taxes generally that you
pay, plus the City’s debt levy, so the debt levy that is included in there as well as a
couple of items in there such as fiscal disparities and some other expenses. Looking
at the history of this, essentially you can see that the City has increased over time.
The largest increases being in 2018 and 2019, then kind of leveling off, but still
slightly increasing over the past few years. The levy has increased over time, with
again, large increases, and they have leveled off the last few years. The City’s goal is
to continue to level those off.
Property Tax Impacts
When you look at the history of property taxes in Falcon Heights. The graph shows
essentially where the City is at, and, as Linehan has mentioned, back in 2017 for
example, the median home value in Falcon Heights was $252,000 for appraised value
and now it is… within five-six years… has gone up to $362,000. The City saw a
significant increase and the important number here is the difference, the first row
(median valued home) and the second row (taxable median value after exclusion).
So, if you go back to 2017, you see that the median family home is $252,000, which is
not what is used to calculate tax value, it’s the median value after the exclusion, and
that would be $238,094. So, the difference between those numbers is about $14,000 to
$15,000. As the property values increase, that difference grows smaller and smaller.
Thus, the City is looking at about a $5,000 difference between the two. So, if we take
$357,504 and take the tax capacity, which is 1% of $357,504, which comes out to be
3,576. 3,576 then determines the City’s effective tax rate and that tax rate of 35.14%
equals essentially about a $96 increase for the median value home. For the average
home they would pay $96 more for next year’s tax bill.
2023 City Taxes on a Median Value Home in Ramsey County
Linehan transitions into where the City stacks up among other cities in Ramsey
County. So, when you look at the City’s average median value home, they would
pay $1,257 directly to the City, which puts the City at the third highest right behind
Roseville and St. Paul. St. Paul has obviously been historically much higher. The City
looks at what it means for your total tax bill. So, it is important too, because there are
other entities at play such as Ramsey County and Roseville School Districts are all
doing increases. So, that’s where the City’s revenues are at.
2023 Expenditures
Linehan goes into talking about the City’s expenditures. The important number and
what set the levy is the City’s general fund. The City is looking at a general fund
expenditure of about $3,091,322. Next year, the City has one of the largest capital
projects in City history. Then, there is the enterprise fund, which is sanitary-sewer,
storm-sewer, and street lighting. The special revenue fund is all of the various funds
that the City reserves money for and the debt service fund which is obligated for the
City to pay.
Cities Receive Sales Tax Exemption
One benefit is that the Minnesota State legislature passed in 2013, passed a State Law
change, exempting cities from sales taxes. So, from about 1980s to 2013, the
legislature reversed so that Cities would have to pay sales tax. So, if the City
purchased equipment, the City would have to pay a sales tax since that time its been
revoked in 2013, equals to an average savings of about $10,000 a year. The City is
continuing to benefit more and more from this as Staff are making sure that when
they are buying something that the City is utilizing its tax-exempt status.
2023 Budgeted General Fund Expenditures by Department
So, if you look at how the Cities expenditures break down and where the expenses
go, as would be expected in a lot of communities, but particularly with Falcon
Heights, about almost 50% of the budget is public safety and police, fire is at 6%,
general government, which covers a lot of the City’s operations, is 30%, and public
works is 15.8%.
Levy Comparisons
So, when you look at the history of the levy and how you get to this number, is that
the City’s tax levy for next year is being proposed for a $117,678 increase for next
year, which in total is about a 5.43% increase. Now the nice thing is that the City’s
debt levy is decreasing next year and this is largely due to series 2017 bond and the
series 2021 bond which are the two bonds that the City is paying. As the City
continues to make payments on those, the City’s debt service is going down. The
City is looking at a net increase next year of $113,854, which can be explained
entirely by the increase of the police contract. The Cities police contract is going up
by $160,000 and change next year. The City is able to since there is an increase and it
is contractually obligated. The City’s options are limited, and what the Council and
Staff were able to work on, is how could they could find other ways to reduce costs
to take that large bill, which represents 50% of the budget, and still be able to make a
minimal impact on the levy, which was what they were able to accomplish.
2023 Proposed Budget
As Linehan has mentioned, the police services is increasing by $160,065. The
reasoning for that largely has to do with two things. One, is the Sheriffs Office has
agreed to a new collective bargaining agreement with all of the Deputies and
Sargent’s; so, with that, they are looking at about a 10% increase across the board in
pay. The second contributing factor, was that, for the City’s portion, the City
benefited last year with the State Fair. So, when the Sheriff’s Office was able to get
the State Fair Contract to provide policing services, the City’s costs went down last
year in the contract by about $50,000. This year, with the increase, plus, the City
losing that benefit from last year, the City is looking at an increase of $160,000. So,
really, the true story of the budget is that is the City’s largest increase, and that’s
what the Council and Staff had to work around and adapt the rest of the budget
around that. Another large increase is the renewal rate for health insurance through
PEEP is about 5.1%, which is a large increase, but anyone who has been in health
insurance or has seen how that market’s gone, anything in the single digits is a big
win. So, our insurance continues to get competitive rates. Other things the City is
looking at, is how are permit revenues coming in. Back in 2021, the City had record
permit revenue from the Amber Union complex. Those revenues are done.
However, Staff are continuing to see an uptick in roofing, mechanical and other
permits, as people continue to invest in properties during the pandemic. Other
things the City is looking at that impacted the budget, was one change in personnel.
The City moved its one part-time public works employee to full-time, so that has an
increased cost, but a lot of that is offset by the additional revenue the City will get
from the Lauderdale contract. The City will be able to use that employee in the
winter, where they will be doing a lot of snow plowing, and in the summer, the City
can utilize them for other services throughout the City that’s needed. The City is also
looking at the largest capital program in the City’s history, including resurfacing
Garden Avenue and installing sidewalk, purchase and Phase 1 of Community Park
renovation, and replacement of Larpenteur streetlights. To summarize the budget a
little bit: again, there will be no transfer of reserve funds for the general operating
budget. This is truly a balanced budget not balanced budget dipping into future
savings. The City is balancing the budget based on revenue that’s coming in. Local
Government Aid from the State of Minnesota is supposed to increase by $12,278 next
year, but Fiscal Disparities is going to decrease by $23,790. Again, this is going to
continue to happen as the tax rates continue to go up and the market value exclusion
difference will continue the trend of Fiscal Disparities decreasing. Overall, general
fund expenditures and revenues are $3,091,322 or 5.24% higher than the 2022
operating budget.
Additional Information
As Linehan has mentioned, says the City of Falcon Heights is about around a third
of resident’s tax bill and the other tax entities are having hearings as well. Now, the
City is one of the last ones in Ramsey County just with how the meetings fell. Most
of them have already met and approved levies but a little bit of information for
residents. If they are concerned about their property taxes, there are a couple
programs. They can go to www.taxes.state.mn.us, regular refund-based on income,
circuit breaker – if taxes increased over 12% and $100, senior citizen tax deferral
through City & Ramsey County, and disabled veteran market value exclusion. In
addition, if you want to contest your property valuation to be used for 2023 property
taxes which for notices in the mail during March 2023.
Councilmember Wehyee arrived at 7:23 p.m.
Mayor Gustafson opens the floor to the public.
Joanne Sunderland from 1906 North Prior in Falcon Woods. Sunderland moved into
that house in 1956 when she was six years old and grew up in the neighborhood.
Sunderland left in her early 20s and as her parents aged out and passed on,
Sunderland and her husband took over the house; so, now she is back in the house
she grew up in. Sunderland asks if there was a time when the University of
Minnesota paid taxes.
Linehan states that is correct; the University of Minnesota doesn’t pay any direct
taxes but they do pay into some of our funds such as sanitary-sewer fund for their
uses but not general taxes to the City.
Sunderland asks wasn’t there a time when they did pay something.
Mayor Gustafson says not that he is aware of. The City does receive, through the
years, various grants through the University for some of the City’s programming,
such as their good neighbor fund. When the City has had activities that qualify for
that, the City has applied for those dollars. Since 1952, the City has had the value of
utilizing Community Park for a $1 a year on a lease agreement.
Sunderland asks what’s Community Park.
Mayor Gustafson states the one next to your house. The one on the corner of
Roselawn and Cleveland.
Sunderland says that when she was growing up that her neighborhood was full of
professors and it was a wonderful neighborhood and still is a wonderful
neighborhood. The other question is the property on the corner of Snelling and
Larpenteur that used to be the Farmers Union a long time ago. Now, they didn’t pay
any taxes, but they currently do pay taxes because it has been sold and going to be
rental property; will that go into the tax base?
Mayor Gustafson says that property was for many years tax exempt while it was
operated by the Technology Information Education System and so when that
building was then sold to Buhl Investors, which they then rehabbed into the Amber
Union apartments, where there are 125 units of housing now. That property then
went from non-taxable rolls to the taxable rolls. To assist in that development, to
make it happen, the City did participate in what’s known as Tax Increment
Financing on that property. The difference in value from where they started as
empty land and building to a rebuilt building and putting millions of dollars into it.
That difference in valuation of the taxes on that will, for the 12 or 13 years, will go to
help make that development happen, and then after that period of time, then that
property fully be on the City’s tax rolls. Similar to the development across Snelling,
the Falcon Town Square. So, that property was also assisted through the use of Tax
Increment Financing. That Tax Increment Financing district will end in 2027 and
2028. That property will then be contributing to the whole property tax roll for the
City.
Steven Sunderland from 1906 North Prior. Sunderland asks in the budget the City
posted online and part of the narrative was a few meetings that are designed to
facilitate greater strengths in the City Council. Sunderland asks that he noticed in the
budget huge discrepancies in this year’s budget versus last year’s budget and it
looks like it comes from the capital fund.
Linehan states that is correct. A little bit about how the City budgets for capital
programs. The City operates on a every other year program, so the last major
program was 2021… that’s where the City did Tatum and Lindig. For next year, the
2023 project, which includes Garden Avenue’s reconstruction and other streets in the
Northeast Quadrant area as well as the purchase of Community Park. So, that is part
of that large dollar amount.
Sunderland asks, So the City is now purchasing Community Park from the
University?
Linehan says the City is in negotiations to purchase the property, so essentially, the
current structure is vacated; its unusable and not open to the public. Long-term it’s
been a goal of the City’s to renovate that park building. The City’s lease expires in
2024 and the University has indicated that they have no interest in renewing the rate
they have given the City in the past. They want to offer the City either the market
value rate for the lease or they prefer that the City purchase the land. Currently the
City is in active negotiations with the University to purchase the property.
Sunderland asks will there be future meetings about those kinds of actions that are
going to be taking place as the City negotiates.
Mayor Gustafson states yes.
Linehan says the City is currently waiting for a response from the University. The
City made an offer, which is confidential at this point because we are in the real
estate negotiation. The University will give the City a counteroffer and the goal is
then for the Council to determine if that is a fair price. The City would then go into
what would be public record of the City’s purchase price. At that point, the City
would make it clear what the purchasing price is and have all of the contract and
approvals before the public for approval.
Sunderland asks about the threats and challenges section in the 2023 budget. In that
section it states neighboring communities the City’s tax dollars are being used to
subsidize community’s growth. Sunderland wasn’t sure what that meant.
Linehan states a lot of times what will happen in Minnesota with the Fiscal
Disparities Program essentially all of the Cities share a larger tax pool. That’s where
those fiscal disparities come from.
Sunderland says so there is an actual subsidy for underfunded cities?
Linehan states that is correct. That is a good way to describe it. The program was
based in Minnesota with the development of the Mall of America. Basically,
whatever community got the Mall of America had a cash cow forever. So, the idea is
that is spread throughout the metro area with the fiscal’s disparities program. Some
communities are contributors and some are beneficiaries. The City is traditionally
has been more of a beneficiary because we don’t have that commercial base that
other cities do.
Sunderland states so that would not be a liability for the City?
Linehan says it could be that’s why it was listed. Linehan clarifies that one of things
that the Council is that Staff is going to update the Cities SWAT analysis which was
done in 2016. In the Cities spring retreat the City will be updating that and following
up on the Cities 2019 Strategic Plan.
Sunderland hopes that the City Council is keeping an eye on quality of construction,
because as Sunderland looks around the City, he notices everywhere… and this was
glaringly obvious in the Grove area when the City did some reconstruction along
Ford Parkway…Sunderland believes that the year after they did construction, they
noticed ripples and pealing. Sunderland thinks that the City probably had to redo
that road, but even in Falcon Woods, there are areas where the City has just gone
over streets and within a year there’s noticeable signs of wear and tear. Sunderland
thinks that it is a problem with whoever is getting these contracts. Sunderland
doesn’t know how much oversight the City has or if there is much beyond the
contract, but it is very noticeable in this State. And, it’s a tough State on asphalt in
general, but that only means that a lot of science and research goes into construction
of asphalt services and it seems like the City should be the beneficiary in our current
technological age of coming up with some sort of road process it doesn’t wear out or
it doesn’t develop pot holes the next year.
Mayor Gustafson says the City has been rebuilding its roads; there is a whole
schedule of times and pavement management plans in place that the City has been
acting upon for the last 15 years. The City is trying to sure that the roads last their 30-
year time span. The City has a whole series of maintenance plans with the City
Engineer. The City has been fortunate enough to collaborate with the City of
Roseville and their engineering department. The Mayor says you will notice in 2025
plan as a resident of Falcon Woods your roads are scheduled for 2025. The City had
a meeting at City Hall in August-September where everyone from Falcon Woods
was invited to explore how that’s going to work. That road is going to be a reclaim
road because it wasn’t properly built. The City has been working on maintaining the
road until the City has to reclaim the road in three years.
City Council Member Wassenberg says he believes that it is worthwhile and expects
that the City does, but doesn’t know for sure. That there is some sort of measure of
past performance for the City’s contractors that the City receives references and
things like that in order to see if they are a quality contractor and have done quality
work for other Cities in the past or for Falcon Heights.
Linehan says one complication with that is the bidding process. Essentially in
Minnesota, how it is set up, is the lowest bidder usually wins; there are some
exceptions where you can take in some quality control. Unfortunately, the City’s
2021 contractor completed most of the City of Falcon Heights’ work, but other Cities
they were doing work for didn’t get finished due to the contractor going bankrupt.
So, the contractor folded up shop and there are some communities in Minnesota that
they didn’t finish the roads and at least for the City of Falcon Heights they finished
the roads. However, the work was unsatisfactory the City is currently going after
their performance bond. This was for the roads on Tatum and other streets. An
example is this summer they were supposed to reseed this spring. The contractor
comes out, they reseed. Well it is very common knowledge that the contractor cut
corners in 2021. They used their own in-house seeding and a lot of that was weeds.
The City hired a professional contractor to come out this year and what the City did
was held their final payment. So, the company that did the construction didn’t get
their final payment and before the City releases it, the City is going after that amount
and going to use that amount for fixing the work they were supposed to do. The
final part is then next year, the City has $20,000 in to fix their work from last year,
and of that, the City is going after 100% of their performance bond. The City requires
every contractor through engineering to take out a performance bond for the total
value of work so if they are doing a million dollars of work they have to take out a
performance bond of a million dollars. Usually the City doesn’t have to touch that,
but this year the City is going after that because the work was unsatisfactory and its
failing in some areas. The good news is that contractor won’t be back in 2023.
Linehan also mentions that nobody could have seen that coming from that
contractor. Talking to engineers in the field, that was a reputable company, they
have great experience; something happened in ether who they hired and things went
sour fast for them in 2021.
Rice’ Davis 1407 California Ave. W. Rice’ states that she had intended to attend the
Metropolitan Special Taxing district meeting which happened to be tonight at 6 p.m.
in downtown St. Paul. Rice’ states that not going to work and who makes up this
schedule?
Linehan says essentially each body sets their own date so usually how it happens is
they usually don’t conflict. Linehan didn’t know that MET Councils was tonight. The
City sets theirs so its always going to be the second Wednesday of December;
sometimes it’s later. This year is about as late as it goes because the second meeting
is the 14th , but some years, it’s the eighth or the seventh; but it’s always that second
Wednesday of the month.
Rice’ says so nobody is really in charge of doing this and making sure that each
meeting is going to be available for everybody.
Linehan states if so, it would be Ramsey County, so what the city is required to do
when it sets the levy in September. The City back in September set the preliminary
levy, then the City has to also set the Truth and Taxation date, which is up to each
municipality to set it. They then submit that to Ramsey County assessor’s Office
where they compile it and they put together the notices. If they saw it and caught it
or were concerned about it they would reach out to the municipalities.
Mayor Gustafson closes the public hearing.
Council Member Leehy comments that she appreciates Jack Linehan, the City
Administrator for the presentation and being thorough and using layman’s terms for
both the Council and residents tonight.
Mayor Gustafson states that he likes the fact that the City is on pay-as-you-go
situation and the City has tried to rebuild the reserves through time by taking a
systematic look at what the future needs are. As residents can see by this capital
fund, that it is an aggressive program for 2024, but it is items that have been needed
to be addressed by the community for years. It should be an exciting time as the City
looks for revamping Community Park. Mayor Gustafson thanks Linehan and the
whole Council for their suggestions on the budget.
Linehan states that he appreciates the Council and the last few months have been
quite the process. Council and staff have had multiple workshops and capital
discussions. Staff has taken Councils’ feedback and tried to represent that in this
budget. Linehan thinks that one of the things that he is very proud of is the work of
staff. Roland Olson, the City Finance Director, and Alyssa, the City Accountant,
worked backwards to try to make this as affordable for residents as possible. As was
mentioned, Staff had a number; the City’s largest expense was hanging over Staffs’
head as a major increase, and they tried to minimize that as much as possible, while
still funding operations, still saving for the future, and still investing in Community
Park. Linehan thinks that all of that combined, the City is in very good financial
shape. Linehan personally feels good about the financial future of the City and
where the City is at. Linehan believes this budget is a great step as the City moves
towards those goals.
City Council Member Wehyee and Leehy
both motion to adopt Council Resolution
22-57 Adopting the 2023 Tax Levy for the
City of Falcon Heights; approved 5-0
City Council Member Meyer motions to
adopt Council Resolution 22-58 Adopting
the 2023 Budget for the City of Falcon
Heights; approved 5-0
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
Mayor Gustafson welcomes Hannah Lynch the new City Planner to the podium.
Hannah Lynch, the new City Planner, states that she just moved to Minnesota a few
days ago from South Carolina. Hannah was working as the Zoning Administrator
for Polk County in North Carolina. Hannah is very excited to be working for the City
of Falcon Heights. Hannah is a mom of three little girls and has been married to her
husband for ten years. Her family is coming up in the summer so she will be in
Minnesota for awhile, getting used to the winter, acting as guinea pig to see how
they do. Hannah thanks the City Council for this opportunity.
Mayor Gustafson welcomes Hannah Lynch to the City of Falcon Heights and thanks
Esha Seth for serving on the Environment Commission. In addition, thanks Jim
Bykowski for serving on the St. Paul board of Water Commissioners.
Council Member Wehyee welcomes Hannah Lynch and thanks Esha Seth for her
service on the Environment Commission. Wehyee thanks the City Administrator for
the work he has done over the past 6-7 months. The City is very fortunate to have
Jack Linehan.
Linehan thanks the Council Member Wehyee for the kind words and for the STEP
adjustment. In addition, welcomes Hannah Lynch and is very excited to have
Hannah on the team. Linehan states that the City Planner position is an extremely
important for the City.
City Council Member Leehy motions to
approve the consent agenda; approved 5-0
H: POLICY ITEMS:
I. INFORMATION/ANNOUNCEMENTS:
Council Member Wassenberg states that tomorrow is the Ramsey County League of
Local Government’s annual meeting. Wassenberg signed up for that meeting to
represent the City of Falcon Heights.
Council Member Wehyee states that last Thursday was the Human Rights Day event.
Wehyee and the Mayor had the pleasure of attending.
City Administrator 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 conducted a series of three focus from Tuesday,
November 29th to Thursday, December 1st in the evening.
o 6-10 residents participated in each session, which lasted approximately 90
minutes
o Matt Bostrom of CVBI will present the findings and conduct an exercise with the
City Council at our January workshop on Wednesday, January 4th.
Let me know if you cannot attend due to holiday travel so I can do an
early quorum check
• Human Rights Day Recap
o Our celebration of Human Rights Day took place on Thursday, December 8th
from 6-7:30 PM at Falcon Heights Elementary School
• Included a resource fair and other community resources
promoting human rights.
• Seven organizations participated
• Multiple boxes of food donated, as well as plenty of coats
• Law Enforcement Services Contract
o On Tuesday, December 13th, the Ramsey County Board approved a one-year
contract agreement with the City of Falcon Heights and the City of Little Canada
to provide law enforcement services through December 31, 2023.
• Public Works Snow Removal
o Crews were out today scraping snow off the roads, small accumulation
o Preparing for winter storms the rest of the week
o Reminder: Whenever there is two inches of snow, there is no street parking for 48
hours or until the street is cleared from curb to curb, whichever comes later.
• Ice Rink Status
o Crews are preparing the ice rinks, hoping to have rinks open by either
Wednesday, December 21st or Thursday, December 22nd
o Staff is working on hiring our 2nd warming house attendant for Curtiss Field
Rink.
• City Hall Holiday Schedule
o Closed on:
Friday, December 23rd
Monday, December 26th
Monday, January 2nd
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: 8:24 p.m.
Council Member Leehy
motions to adjourn;
approved 5-0
_______________________________
Randall C. Gustafson, Mayor Dated this 28th day of December, 2022
_________________________________
Jack Linehan, City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item General Disbursements, Payroll and Wire Payments
Description
General Disbursements through: 12/21/22 $227,291.33
Payroll through: 12/15/22 $18,372.40
Wire Payments through: 12/15/22 $13,191.88
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 28, 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. Hair Designs Unlimited
The following individuals/entities have applied for a Massage Therapy for
2023. Staff have received the necessary documents for licensure.
1. Hair Designs Unlimited, Ferencz Mihaly Vincze Turcean
The following individuals/entities have applied for a Tree Contractors License
for 2023. Staff have received the necessary documents for licensure.
1. Hugo’s Tree Care, Inc.
2. SavATree, LLC
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.
Meeting Date December 28, 2022
Agenda Item Consent G2
Attachment N/A
Submitted By Kelly Nelson
Assistant to the City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Budget amendments for year end.
Description
Sometimes at the end of the year, budget amendments need to be made to
improve the financial statements for year end. These budget changes occurred
during 2022 after the original budget had been prepared. Staff recommends
the following:
The TIF 1-3 Capital Fund (414) received more increments than what were
originally estimated when the 2022 budget was formulated. These increments
are difficult to estimate. With an increase in revenue there would also be an
increase in the “Pay As You Go” expense payments to the developer.
dr cr
Revenue: 414-30113-000 50,000
Expenses: 414-4414-93000-000 50,000
The Infrastructure Fund (419) also had additional expenses that were not
budgeted since they occurred during 2022: Increased sidewalk repairs were
needed in the Northhome area of the City. Also, 2022 was the third year of the
pavement management analysis of our city streets. Additional expenses
occurred.
dr
Expenses: 419-4419-92005-000 (sidewalk) 12,000
419-4419-83010-000 (pavement mgmt.) 6,000
Budget Impact Amend budget line items as explained above. For line 419, the excess debits
will come from the Infrastructure fund balance.
Attachment(s) N/A
Action(s)
Requested
Staff asks for council approval to amend the budget line items as explained
above.
Meeting Date December 28, 2022
Agenda Item Budget amendments end of year
Attachment N/A
Submitted By Roland Olson, Finance Director
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item 2022 General Fund Transfer(s)
Description
The City of Falcon Heights had a favorable outcome for the 2021 year-end
audit. Moving forward, an increase in unassigned fund balance that exceeds
100% of coverage for revenues versus expenditures will be considered for
transfers to needed funds or capital projects.
The requested General Fund transfer of $400,000 be designated towards the
Community Park land purchase and building construction.
Budget Impact The General Fund will be debited (101-4141-97000-000) and the
Parks/Recreation/Public Works Capital Fund will be credited (403-39200-000).
Attachment(s) N/A
Action(s)
Requested
Request Council approval for a transfer of funds from the General Fund to the
Parks/Recreation/Public Works Capital fund to provide future funding for
capital improvements
Meeting Date December 28, 2022
Agenda Item G4
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Amendments to the Saint Paul Academy and Summit School Project Revenue
Refunding Note 2017
Description
On May 10, 2017, the City Council passed Resolution 17-16 calling for public
hearing and authorize the publication of notice of hearing for on the issuance
of educational facilities revenue refunding notes for Saint Paul Academy and
Summit School Project. The refunding note was amended in 2018 with
resolution 18-08.
The City of Falcon Heights may issue up to $10,000,000 of its own 501(c) (3)
bonds each year as bank-qualified bonds. Under the federal tax law,
alternative issuers are permitted, but a “nexus” between the jurisdictional city
and the issuers is preferred. In this case, the City of Falcon Heights currently
have residents who are students attending the Borrower.
The Bonds will not constitute a charge, lien, or encumbrance, legal or
equitable, upon any property of the Issuers, except the interests of the Issuers
in payments to be made by the Borrower under the Loan Agreements. The
Bonds are not moral obligations on the part of the State or its political
subdivisions, including the Issuers, and the Bonds will not constitute a debt of
the Issuers within the meaning of any constitutional or statutory limitation.
The City’s Bond Counsel, Taft, has noted that a new amendment is necessary
by the LIBOR rate index, which was used for the note, will be ceasing to be
available after June 30, 2023. A debt that has a variable rate based on LIBOR
needs to be amended to provide for a new rate index. The new rate that will be
approved is the CME One-Month Term SOFR.
Bremer Bank holds the St. Paul Academy note and its counsel has prepared a
draft amendment, called an allonge, which we will need to be approved. The
City is being requested to adopt the resolution that approves the amendment.
Meeting Date December 28, 2022
Agenda Item G5
Attachment Notice, Allange, Resolution
Submitted By Jack Linehan, City Administrator
Budget Impact The City receives ¼ of 1% of the principal amount that such Issuer issues.
Attachment(s) • Notice of LIBOR Change
• Allange Amendment Request
• Resolution 22-63 Amendments to the City’s Educational Facilities
Revenue Refunding Note, Series 2017 (Saint Paul Academy and Summit
School Project)
Action(s)
Requested
Motion to approve attached resolution and authorize Mayor and City
Administrator to sign all necessary documents.
75712893v3
NOTICE OF INTEREST RATE CHANGE
December 21, 2022
Saint Paul Academy and Summit School City of Falcon Heights, Minnesota
1712 Randolph Avenue 2077 Larpenteur Avenue W.
St. Paul, MN 55105 Falcon Heights, MN 55113-5551
Attn: Director of Finance Attn: City Administrator
Taft Stettinius & Hollister LLP
2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Re: City of Falcon Heights, Minnesota Educational Facilities Revenue
Refunding Note, Series 2017 (Saint Paul Academy and Summit
School Project) issued to Bremer Bank, National Association
(“Lender”) in the original principal amount of $7,375,000.00, as
amended by First Amendment to Educational Facilities Revenue
Refunding Note (Saint Paul Academy and Summit School Project),
Series 2017, dated March 26, 2018 (as amended, the “Note”)
Ladies and Gentlemen:
As you are aware, the interest rate for the Note is based on the One-Month LIBOR
Rate. The One-Month LIBOR Rate will no longer be available after June 30, 2023. The
terms of the Note provide, in part, as follows:
“If the Index becomes unavailable during the term of this Note, Lender may
designate a substitute comparable index in its sole discretion.”
The Lender hereby notifies you that effective January 1, 2023, the Index shall be
replaced with the CME One-Month Term SOFR published by CME Group Benchmarks
Administration Limited (or a successive administrator designated by the relevant
authority) for the date that is two U.S. Government Securities Business Days prior to the
Reset Date, as defined in the Note. This index, as adjusted by the spread reflected in
the Allonge to Promissory Note included with this Notice, is a rate that is comparable to
the current index described in the Note, as adjusted by the spread. In addition, the
75712893v3
Page Two
Borrower’s option on any Conversion Date, as defined in the Note, to convert the
interest rate to a fixed rate based on an Interest Rate Swaps Rate, as adjusted by a
spread, shall be replaced, effective January 1, 2023, with an option to convert the
interest rate to a fixed rate based on the Federal Home Loan Bank Rate for the
applicable interest period and as published by The Federal Home Loan Bank of Des
Moines as of the date of determination, which is a rate that, taking into account
adjustments by a spread, is comparable to the Interest Rate Swaps Rate.
Enclosed herewith is an Allonge to the Note which evidences the new indices for
the Note. Terms not defined herein are defined in the Allonge. We would request that
the City of Falcon Heights, Minnesota, as Issuer of the Note, and Saint Paul Academy
and Summit School, as the Borrower, upon approval respectively, execute the enclosed
Allonge and return it to the undersigned at the following address:
Bremer Bank, National Association
225 South Sixth Street, Suite 300
Minneapolis, MN 55402
Attn: David Borden
We would also request that bond counsel provide an update to their opinion
confirming the execution and delivery of the Allonge will not adversely affect the tax
exempt status of the Note
Bremer Bank, National Association
By:_____________________________
Its:__________________________
/enclosure
75712890v3
ALLONGE TO PROMISSORY NOTE
This Allonge is dated and effective as of ______________, 2023 and is attached
to and made a part of that certain City of Falcon Heights, Minnesota Educational Facilities Revenue Refunding Note, Series 2017 (Saint Paul Academy and Summit School Project), dated September 6, 2017, issued by the City of Falcon Heights, Minnesota, a municipal corporation, in the principal amount of $7,375,000.00 in favor of Bremer Bank, National
Association, a national banking association, as amended by the First Amendment to
Educational Facilities Revenue Refunding Note (Saint Paul Academy and Summit School Project), Series 2017 dated March 26, 2018 (as amended, the “Note”). Due to the unavailability of the One-Month LIBOR Rate (as defined in the Note)
after June 30, 2023, and as contemplated by the terms of the Note in the event of such
unavailability, the Note is amended as follows: 1. The second paragraph of Section 1 of the Note is hereby deleted and replaced in its entirety with the following:
“The per annum rate of interest payable hereunder shall initially be equal to 1.90% per annum. On the first Payment Date, and each Reset Date (hereinafter defined) thereafter through March 1, 2018, the interest rate on this Note will be adjusted to a rate per annum equal to (a) the sum of (i) 1.60% and (ii) the One-
Month LIBOR Rate in effect as of the Reset Date; (b) multiplied by 0.67% On
April 1, 2018, and each Reset Date (hereinafter defined) thereafter until January 1, 2023, the interest rate on this Note will be adjusted to a rate per annum equal to (a) the sum of (i) 1.60% and (ii) the One-Month LIBOR Rate in effect as of the Reset Date, (b) multiplied by 0.79. Notwithstanding anything herein to the
contrary, during any period of time while the One-Month LIBOR Rate would be less
than zero percent (0.0%), the One-Month LIBOR Rate shall be deemed to be zero (0). On February 1, 2023, and on each Reset Date thereafter, the interest rate on this Note will be adjusted to a rate per annum equal to (a) the sum of (i) 1.701% and (ii) the 1-Month CME Term SOFR Rate in effect as of the Reset Date, (b)
multiplied by 0.79. Notwithstanding anything herein to the contrary, during any
period of time while the 1-Month CME Term SOFR Rate would be less than zero percent (0.0%), the 1-Month CME Term SOFR Rate shall be deemed to be zero. The term “1-Month CME Term SOFR Rate” shall mean the CME one-month
term SOFR published by CME Group Benchmarks Administration Limited (or a
successive administrator designated by the relevant authority) for the date that is two U.S. Government Securities Business Days prior to the Reset Date (the “Index”). The Index is not necessarily the lowest rate charged by the Lender on its loans. If the Index becomes unavailable during the term of this Loan, the Lender
may designate a substitute index after notifying the Borrower. The Lender will
inform the Borrower of the current Index rate upon the Borrower’s request. The interest rate change will not occur more often than each three years.
75712890v3
“U.S. Government Securities Business Day” means any day except for (i) a Saturday, (ii) a Sunday or (iii) a day on which the Securities industry and Financial
Markets Association recommends that the fixed income departments of its member
be closed for the entire day for purposes of trading in United States government securities. Each change in interest rate shall be effective as of each payment day (the “Reset Date”).
Notwithstanding anything to the contrary, if the Lender determines in good
faith (which determination shall be conclusive, absent manifest error) that: (A) adequate and fair means do not exist for ascertaining CME One-Month Term SOFR; (B) CME One-Month Term SOFR does not accurately reflect the cost to the Lender of the loan; or (C) a Regulatory Change (as hereinafter defined) shall,
in the reasonable determination of the Lender, make it unlawful or commercially
unreasonable for the Lender to use CME One-Month Term SOFR as the index for purposes of determining the interest rate, then: (i) CME One-Month Term SOFR shall be replaced with an alternative or successor rate or index chosen by the Lender in its reasonable discretion; and (ii) the Margin may also be adjusted by
Lender in its reasonable discretion, giving due consideration to market convention
for determining rates of interest on comparable loans. “Regulatory Change” shall mean a change in any applicable law, treaty, rule, regulation, or guideline, or the interpretation or administration thereof, by the administrator of the relevant benchmark or its regulatory supervisor, any governmental authority, central bank
or other fiscal, monetary or other authority having jurisdiction over Lender or its
lending office. Such an amendment to the terms of this Note will become effective and bind Borrower ten (10) Business Days after Lender gives written notice to Borrower without any action or consent of the Borrower. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate
allowed by applicable law.
Interest on this Note is computed on a 365/360 basis; this is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding (but not including February 29 in leap years). All interest payable
under this Note is computed using this method.” 2. The sixth, seventh and eighth paragraphs of Section 1 of the Note are hereby deleted and replaced in their entirety with the following:
“On the first day of any month (the “Conversion Date”), the Borrower (as defined below) may elect, by giving the Lender 60 days’ written notice, to convert the interest rate to a fixed rate. Such rate shall be equal to seventy-nine percent (79%) of the sum of: (i) 116 basis points if the FHLB Index (defined below) rate is
equal to the 10-Year FHLB Rate (defined below) or 172 basis points if the FHLB
Interest Period Rate (defined below) is used plus (ii) the applicable FHLB Index in effect as of the Conversion Date or Adjustment Date (as defined below), as
75712890v3
applicable (the “Adjustment Rate”). In the event the Conversion Date occurs prior to September 1, 2027 (the “Adjustment Date”), interest shall accrue on the Principal Balance from the Conversion Date through the Adjustment Date, at which
time the rate will be adjusted again on the Adjustment Date in the same manner.
Such adjustment to the interest rate shall be made and become effective as of the Conversion Date or the Adjustment Date, as applicable, and the interest rate as adjusted shall remain in effect through and including the day immediately preceding the Adjustment Date or the date this Note is paid in full, as applicable.
Notwithstanding anything herein to the contrary, during any period of time while
the applicable FHLB Index would be less than zero percent (0.0%), the applicable FHLB Index shall be deemed to be zero (0). The applicable FHLB Index on the Conversion Date shall be determined
based on the number of years between the Conversion Date and the Adjustment
Date (“Interest Period”), i.e., if the Conversion Date occurs seven (7) years prior to the Adjustment Date, the applicable FHLB Index shall be the FHLB Interest Period Rate for an Interest Period of seven (7) years. The applicable FHLB Index on the Adjustment Date shall be the 10-Year FHLB Rate.
As used herein, the term “FHLB Interest Period Rate” shall mean the interest rate subject to change from time to time based on changes in an independent index which is the Federal Home Loan Bank (FHLB) Rate as published by The Federal Home Loan Bank of Des Moines as of the date of
determination for the applicable Interest Period. The FHLB Interest Period Rate is
not necessarily the lowest rate charged by Lender on its loans. If the FHLB Interest Period Rate becomes unavailable during the term of this Note, Lender may designate a substitute after notifying the Issuer and Borrower. Lender will tell the Borrower the current FHLB Interest Period Rate for any interest period upon
Borrower’s request.
As used herein, the term “10-Year FHLB Rate” shall mean the interest rate subject to change from time to time based on changes in an independent index which is the 10 Year Federal Home Loan Bank (FHLB) Rate as published by The
Federal Home Loan Bank of Des Moines as of the date of determination. The 10-
Year FHLB Rate is not necessarily the lowest rate charged by Lender on its loans. If the FHLB Rate becomes unavailable during the term of this Note, Lender may designate a substitute Index after notifying the Issuer and Borrower. Lender will tell the Borrower the current 10-Year FHLB Rate upon Borrower’s request.”
The “FHLB Index” shall mean either the FHLB Interest Period Rate or the 10-Year FHLB Rate, as applicable.
(signature page to follow)
75712890v3
(signature page to Allonge)
Agreed to and accepted this ____ day of _____________, 20__.
ISSUER: The City of Falcon Heights, Minnesota
By___________________________
Its Mayor By___________________________
Its City Administrator
75712890v3
(signature page to Allonge) Agreed to and accepted this ____ day of _____________, 20__.
BORROWER: Bremer Bank, National Association
By___________________________
Its_________________________
75712890v3
(signature page to Allonge)
Agreed to and accepted this ____ day of _____________, 20__.
BORROWER: Saint Paul Academy and Summit School
By:__________________________________
Its:_______________________________
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 28, 2022 No. 22-63 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION CONSENTING TO AMENDMENTS TO THE CITY'S EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2017 (SAINT PAUL ACADEMY AND SUMMIT SCHOOL PROJECT)
WHEREAS, pursuant to a resolution of the City adopted on September 6, 2017, the City of Falcon Heights, Minnesota (the "City"), issued its Educational Facilities Revenue Refunding Note, Series 2017 (Saint Paul Academy and Summit School Project) (the "Original Note"), in the original aggregate principal amount of $7,375,000 to Bremer Bank, National Association, a national banking
association (the "Lender"); and
WHEREAS, pursuant to a Loan Agreement dated as of September 6, 2017 (the "Loan Agreement"), between the City and Saint Paul Academy and Summit School, a Minnesota nonprofit corporation (the "Borrower"), the City loaned the proceeds of the Original Note to the Borrower for the purpose of refinancing in part the acquisition, construction, and improvement of certain school facilities
of the Borrower, including facilities located on the campus of the Borrower at Dunlap and Goodrich and at Randolph and Davern in the City of St. Paul, Minnesota (the “Project”), and the Borrower agreed to repay the Original Note in specified amounts and at specified times sufficient to pay in full when due the
principal of, premium, if any, and interest on the Original Note; and
WHEREAS, pursuant to a Pledge Agreement (the "Pledge Agreement") dated as of September 6, 2017 between the City and the Lender, the City pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses); and
WHEREAS, at the request of the Borrower and the Lender and pursuant to a resolution of the City adopted on February 28, 2018 (the “Amendment Resolution”), the City agreed to certain amendments to the Original Note and, with the written consent of the Borrower and Lender, executed the First Amendment to Educational Facilities Revenue Refunding Note (Saint Paul Academy and Summit School Project), Series 2017 (the “Note Amendment” and, collectively with the Original Note, the “Amended Note”); and
WHEREAS, the Amended Note is currently owned by the Lender; and
WHEREAS, the City has been advised by the Lender that the interest rate on the Amended Note is currently a variable rate based upon a London Inter-Bank Offered Rate (“LIBOR”) benchmark rate,
plus a spread, and that the LIBOR interest rate index is being phased out effective June 30, 2023, and will no longer be available after that date; and
WHEREAS, if LIBOR becomes unavailable during the term of the Amended Note, the Lender is
authorized pursuant to the terms of the Amended Note to designate a substitute comparable index in its sole discretion; and
WHEREAS, the Borrower and the Lender have agreed to use different index to set the interest rate on the Amended Note, replacing LIBOR with one-month term SOFR for some purposes and with the
10-Year Federal Home Loan Bank Rate for others (the “Replacement Indices”); and
WHEREAS, the Lender has advised the City that the Replacement Indices are comparable to LIBOR;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota as follows:
1. The City approves the Modification and authorizes the execution of an allonge (the "Allonge") to the Amended Note, a substantially final form of which has been provided to the City. 2. The Allonge is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by bond counsel to the City; provided that delivery of the Allonge shall be conclusive evidence of approval.
3. The Mayor and the City Administrator are hereby authorized to execute and deliver the Allonge and any other related documents on behalf of the City. 4. This Resolution shall be in full force and effect from and after its passage.
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Moved by: Approved by: ________________________ Randall Gustafson
Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator
WASSENBERG WEHYEE
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item 2023 City Meeting Calendar
Description
Each year, City Staff sets the 2023 meeting calendar based on our past practices
for meeting dates and based around our city holiday schedule per our personnel
policy.
Moving forward, we are recommending that we formally approve the annual
calendar so that we can advertise meeting dates to the public and the media.
The attached calendar highlights the suggested 2023 meeting dates for City
Council, commissions and our city holiday schedule. The council and the
commissions still reserve the right to add special meetings or cancel meetings
based on the requirements outlined in the Minnesota Open Meetings Act.
Upon approval, staff will add all of the dates in to the city website calendar and
post the dates as our official meetings.
Budget Impact N/A
Attachment(s) 2023 Calendar
Action(s)
Requested
Motion to approve the 2023 calendar and authorize staff to publish the dates
accordingly.
Meeting Date December 28, 2022
Agenda Item Consent G6
Attachment N/A
Submitted By Jack Linehan, City Administrator
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City election*
APRIL
NOVEMBERMAY
Environment Commission ‐ 6:30PM Parks Commission ‐ 6:30PM Planning Commission ‐ 7:00 PM
DECEMBER
City Council Meetings ‐ 7:00PM Council Workshops ‐ 6:30PM CE Commission ‐ 6:30PM
JUNE
City Holidays
2023 CALENDAR
JULY
AUGUST
SEPTEMBER
OCTOBER
JANUARY
FEBRUARY
MARCH
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item Accepting Donation from Falcon Heights/Lauderdale Lions Club
Description
The Falcon Heights/Lauderdale Lions Club has utilized City facilities for annual
holiday tree sales for many years. On December 21st, the City received with a
letter from the Treasurer, John Duncan a donation in the amount of $500 for the
Falcon Heights Friends of the Park Fund.
Budget Impact The donation will be applied to the Friends of the Park Capital Improvements
fund to support future parks initiatives.
Attachment(s) N/A
Action(s)
Requested
Accept the generous donation from the Falcon Heights/Lauderdale Lions Club in
the amount of $500.
Meeting Date December 28, 2022
Agenda Item Consent G7
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Accept the Addendum to Feasibility Report and Order Public Hearing for the
Idaho-Iowa Alleyway Improvement Project 21-03
Description
At the June 9, 2021 meeting, Council held a public improvement hearing for
the Idaho-Iowa Alleyway Improvement Project 21-03. The improvements
consist of mill and overlay and minor stormwater improvements on:
• Idaho Ave./Iowa Ave. alleyway from Pascal St. to Arona St.
Due to the complexity of the stormwater drainage in the area and short
timeframe to add this work to the 2021 PMP contract, staff proposed to delay
the project until a later date. Council approved delaying the project at the
public hearing on June 9, 2021.
As the improvements were not ordered at the first hearing, the Minnesota
Statute 429 process requires another public hearing to order the improvements
for construction in 2023. A resolution setting a public hearing date is attached.
If the Council orders the project, a draft schedule is shown below. Items that
require Council action are marked “CC”:
• January 11, 2023 – CC Public Improvement Hearing, Order
Improvements
• February 2023 – CC Approve Plans and Spec, Authorize Ad for Bids
• February 2023 – Open Bids
• March 2023 – CC Award Contract
• Summer 2023 – Construction
• Fall 2023 – CC Assessment Hearing
Budget Impact This project has the following financial implications for the City and property
owners along the streets being considered for improvements:
• Assessments levied in accordance with the City’s assessment policy.
• Use of Municipal State Aid (MSA) and street infrastructure funds to pay
the City’s portion of the project.
Expenditure of utility fund dollars to pay for repairs needed to the existing
utility system.
Attachment(s) Resolution 22-64, Feasibility Report Addendum No. 1
Meeting Date December 28, 2022
Agenda Item G8
Attachment Resolution, Feasibility Report
Addendum No. 1
Submitted By Stephanie Smith, Interim City
Engineer
Action(s)
Requested Order Public Hearing set for January 11, 2023, for the Idaho-Iowa Alleyway
Improvement Project 21-03.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 28, 2023
No. 22-64
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RESOLUTION ORDERING PUBLIC HEARING FOR IMPROVEMENT:
IDAHO-IOWA ALLEYWAY IMPROVEMENT PROJECT 21-03
WHEREAS, pursuant to resolution of the council adopted May 12, 2021, a report has been
prepared by the City Engineer with reference to proposed Improvement Project 21-03, the
improvement of the alleyway between Iowa Avenue and Idaho Avenue, from Pascal Street to
Arona Street by resurfacing and drainage improvements; and WHEREAS, the original report was received by the Council on May 26, 2022; and WHEREAS, the City Engineer has appended the report to provide updated cost estimates for the anticipated construction in 2023, and this appended report was received by the Council on December 28, 2023; and
WHEREAS, the report provides information regarding whether the proposed improvement is
necessary, cost effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Falcon Heights,
Minnesota:
1. The council will consider the improvement of such alleyway in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,688,000.
2. A public hearing shall be held on such proposed improvement on January 11, 2023, in the council chambers of City Hall at 7:00 p.m. and the City Administrator shall give mailed and published notice of such hearing and improvement, as required by law.
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Moved by: Approved by:
Randy Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by:
LEEHY Jack Linehan
MEYER ____ Against City Administrator
WASSENBERG
WEHYEE
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota
__________________________
Item Request for Approval for Payment of First and Final Invoice to Q3 Contracting
for 2021 PMP Restoration
Description
The contractor that was selected to complete the 2021 Pavement Management
Project (PMP) has since filed for bankruptcy. As part of the contract, they were
required to perform turf and landscape restorations to disturbed right-of-way
and the City property on Lindig Street. The City holds a portion of the
payment to the contractor to cover the completion of this work. On June 8,
2022, as the contractor was unable to meet this requirement, the Council
approved Resolution 22-24, which authorized City Administrator Jack Linehan
to negotiate and execute a contract not-to-exceed $30,000 with Q3 to perform
this work. At the time, it was anticipated that the restoration cost would be
between $20,000 to $30,000 to perform the work.
The final invoice is attached for the restoration work on the 2021 Pavement
Management Project. The total amount due for restoration is $38,523.60. The
increase in the final bill is largely due to the amount of work required
exceeding the initial estimate to restore the area. Due to the amount of
restoration performed by the contractor, the cost has exceeded the
Administrator’s $30,000 authorization, and staff is bringing the invoice to
Council for approval.
Budget Impact Funds for the restoration remain reserved in the 2021 PMP budget.
Attachment(s) Q3 Contracting Invoice
Action(s)
Requested
Motion to approve final Q3 Contracting invoice for the 2021 Pavement
Management restoration.
Meeting Date December 28, 2022
Agenda Item G9
Attachment Invoice
Submitted By Stephanie Smith, Interim City Engineer