HomeMy WebLinkAboutCCAgenda_90Feb28ADDENDUM TO CITY COUNCIL AGENDA
February 28, 1990
F. 5. Payroll Vouchers
ACTION:
L J
Agenda I~em: F-5
onas ~t
Polio ~ x CITY OF FALCON HEIGHTS
BEQUEST FOR COUNCIL CONSIDERATION
feeling Date: 2/28/90
ITE*i DESCRIPTION
SUBMITTED BY:
REVIEWED BY:
PAYROLL VOUCHERS
Tom Kelly
PLANATION/SL1!fiSARY (attach additional sheets as necessary):
A) Approval of the February 28, 1990 payroll check (see attached) and the
following payroll related checks:
Check # Issued To Reason Amount
23336 ICMA Retirement
23337 Commissioner of Rev.
23338 PERA
23339 North Star State Bank
23340 United Way
23341 Ramsey County
Retirement Benefits $1,044.53
State Withholding 772.56
Retirement Benefits 853.55
Federal Withholding, FICA 4,513.44
Employee Donations 67.00
Health, Dental and other Ins. 2,516.47
TOTAL 9,767.55
B) On January 11, 1989, City Council approved that the City Administrator
could authorize payments of bills. up to $1,000 prior to Council approval.
We would like to amend this to include all payroll and payroll related checks
since the payroll cycles do not always coincide with Council meetings. Delays
in payment could result in substantial penalties.
ACTION RgQQESTPD:
A) Approval of February 28th payroll and payroll checks.
B) Authorize City Administrator to approve payroll and payroll related vouchers.
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REGULAR CITY COUNCIL MEETING
CITY OF FALCON HEIGHTS
AGENDA
FEBRUARY 28, 1990
6:00 P.M. WORKSHOP - Council Candidates Presentation
A.CALL TO ORDER: 7:00 P.M.
B.ROLL CALL: WALLIN CIERNIA BALDWIN
GEHRZ WIESSNER S. CHENOWETH
ATTORNEY ENGINEER
C.APPROVAL OF MINUTES OF FEBRUARY 14, 1990
D.PUBLIC HEARINGS: NONE
E.CONSENT AGENDA
1. Disbursements
a. Disbursements through 2/2.8/90 - $512,405.12
b. Payroll 2/1/90-2/15/90, $10,982.66
2. Authorize Advertising for Bids for a Sewer Jetter
3. Licenses
ACTION:
F.REPORTS, REQUESTS AND RECOMMENDATIONS:
1. Hamline Avenue Easement Acquisition
ACTION:
2. Consider Requesting Ramsey County to Remove the No U-Turn
Signs on Larpenteur Avenue at Arona Street
ACTION:
3. Schedule Council Workshop to Discuss Proposed City Code
Revisions, Ch. 1-3
ACTION:
Page 2
February 28, 1990
Agenda
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
4. City Council Applicant Screening
ACTION:
WORKSHOP RESUMES - Council Candidates Presentation
G. ANNOUNCEMENTS AND UPDATES
H. ADJOURNMENT
ACTION:
City Council meeting will be re-convened following Workshop
MINUTES
REGULR CITY COUNCIL MEETING
FEBRUARY 14, 1990
Baldwin convened the meeting at 7 :00 P.M. ~{ =~
ALL MEMBERS PRESENT
Baldwin, Ciernia, Gehrz and Wallin. Also present were Gedde,Wiessner and Chenoweth.
MINUTES OF 1/24/90 APPROVED
Council approved the Minutes of January 24, 1990 by unanimous
consent.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1.Disbursements:
a. General Disbursements through 2/14/90, $64,319.96
b. Payroll, 1/16/90-1/31/90, $10,336.69
2.Check Cancellation:
a. Check #23174, issued to Communication Skills, Inc.
in amount of $185.35
b. Check #22901, issued to AARP in the amount of
7 .00
3.
4.
Resignation of Anne Carroll from Planning Commission
Fire Department Appointments: Richard Allen Hassel and
Nathaniel Herold
5.Commission Minutes:
a. Parks and Recreation Minutes of 1/8/90
b. Planning Commission Minutes of 2/5/90
c. Solid Waste Minutes of 2/1/90
6.Resolution R-90-6 Proclaiming the Week of March 4-11,
1990 Volunteers of America Week in Falcon Heights
7.Approval of Existing Levels of City's Insurance
Coverage, Leaving the Liability Coverage at $600,000
8.Licenses
ADOPTION OF RESOLUTION ORDERING IMPROVEMNT OF HAMLINE AVENUE,
LARPENTEUR TO ROSELAWN
Wallin moved the adoption of Resolution R-90-7 which carried
unanimously.
RESOLUTION R-90-7
A RESOLUTION ORDERING THE IMPROVEMENT OF HAMLINE
AVENUE, LARPENTEUR ~I'O ROSELAWN AVENUES
AWARDING OF BID FOR $335,000 G. O. CAPITAL IMPROVEMENT NOTES TO
FINANCE THE PURCHASE OF PUBLIC SAFETY EQUIPMENT, ROAD
CONSTRUCTION OR MAINTENANCE EQUIPMENT AND OTHER CAPITAL
EQUIPMENT
Fiscal Consultant Apfelbacher presented the bids on the sale of335,000 G. O. Capital Improvement Notes as follows:
MINUTES
FEBRURY 14, 1990
PAGE 2
Norwest Investment Services, 6.0982%, Dain Bosworth, 6.1008%,
Marquette Bank Minneapolis 6.1664%, American National Bank, •
6.2012%, Piper, Jaffray & Hopwood, 6.2108%, Allison-Williams,
6.2264%, Park Investment, 6.2354%, Cronin & Company, 6.2434%,
Miller & Schroeder, 6.2583%, Moore, Juran & Co., 6.2751%, FBS
Investment Services, 6.3055%, and Miller, Johnson & Kuehn,
6.3354%. Apfelbacher recommended awarding the bid to the low
bidder, Norwest Securities, after which Ciernia moved adoption
of Resolution R-90-8. Motion carried unanimously.
RESOLUTION R-90-8
A RESOLUTION RELATING TO $335,000 GENERAL OBLIGATION
CAPITAL NOTES OF 1990; AWARDING THE SALE, FIXING THE
FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND
DELIVERY THEREOF AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
AWARDING THE BID FOR $115,000 G. 0. IMPROVEMENT BONDS FOR COSTS
RELATED TO HAMLINE AVENUE IMPROVEMENT PROJECT
Apfelbacher presented the bids on the sale of $115,000 G. O.
Improvement Bonds as follows:
Dain Bosworth, 6.3695%, Allison-Williams, 6.5863%, American
National Bank, 6.5997%, Moore, Juran & Co., 6.6109%, and Piper,
Jaffray & Hopwood, 6.7381%. Apfelbacher recommended awarding •
the bid to the low bidder, Dain Bosworth, Inc., after which
Ciernia moved adoption of Resolution R-90-9. Motion carried
unanimously.
RESOLUTION R-90-9
A RESOLUTION RELATING TO $115,000 GENERAL OBLIGATION
IMPROVEMENTS BONDS OF 1990; AWARDING THE SALE, FIXING
THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION
AND DELIVERY THEREOF AND SECURITY THEREFOR AND LEVYING
AD VALOREM TAXES FOR THE PAYMENT THEREOF
CITY FORESTER' S REPORT FOR 19 89
Dr. Linda Treeful, City Forester, presented the annual report
for 1989 and responded to inquiries from Council.
ASSESSMENT HEARING ON ASSESSMENT OF UNPAID FALSE ALARM FEES
SCHEDULED FOR 3/14/90 (BULLSEYE VIDEO/TAN LINE)
Dennis Hunt, the owner of Bullsye Video/Tan Line, 1553 W.
Larpenteur, presently owes a total of $475.00 in unpaid false
alarm fees and has indicated he cannot pay the fees. Since City
Code does provide for assessment of these unpaid fees, Council
unanimously agreed to set the Assessment Hearing for 8:00 P.M. •
on March 14, 1990.
APPROVAL OF CONDITIONAL USE PERMIT TO OPERATE AN OFF-SALE LIQUOR
STORE AT 1559 W. LARPENTEUR
Ciernia explained that the Public Hearing on the conditional use
MINUTES
FEBRUARY 24, 1990
PAGE 3
request from James Ket
Property Owner, for op
held by the Planning C
Commission unanimously
conditions. Following
of Resolution R-90-10
Planning Commission.
tner, Proprietor, and Dennis Hunt,
eration of an Off-Sale Liquor Store, was
ommission on February 5, 1990 and that the
recommended approval with three
a brief discussion, Gehrz moved adoption
with conditions as recommended by the
Motion carried unanimously.
RESOLUTION R-90-10
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR
OPERATION OF AN OFF-SALE LIQUOR STORE AT 1559 WEST
LARPENTEUR IN A B-2 DISTRICT
APPROVAL OF CITY INVESTMENT POLICY
City Accountant, Tom Kelly, presented for Council's
consideration a proposed Investment Policy which had been
discussed at a Council Workshop held June 14, 1989. Following a
brief discussion, Wallin moved that the Investment Policy be
adopted as presented. Motion carried unanimously.
APPROVAL OF CITY TRAVEL POLICY
Council discussed and amended the proposed travel policy after
which Gehrz moved adoption of the policy with the stipulation
that supervisors be responsible for explaining the policy to
employees prior to
unanimously.
ETHICS POLICY FOR
Council thoroughly
number of changes,
consideration at a
approval of a trip. Motion carried
PUBLIC OFFICIALS TO BE REDRAFTED
discussed the proposed Ethics Policy, made a
and requested the document be redrafted for
later meeting.
REVISIONS TO PERSONNEL COMPENSATION PROGRAM APPROVED
Wiessner presented and explained the proposed revisions, after
which Ciernia moved adoption of the revised Personnel
Compensation Program. Motion carried unanimously.
UPDATE ON MAYORS COMMISSION AGAINST DRUGS AND CELEBRATE
DRUG-FREE COMMUNITIES COMMITTEE
Gehrz explained that an alliance of communities (Falcon Heights,
Roseville, Little Canada and School District 623) has been
formed to increase community awareness of what is needed and
what can be done to help in the area of drug/alcohol abuse. She
also presented a schedule of upcoming events and requested
volunteers to assist in this area. Baldwin addressed the fact
that staff involvement will be required, and felt that since our
City's staff is small with limited time, involvement in this
area could be a problem. At the next meeting of the Commission,
Baldwin will approach possible hiring of temporary part time
clerical help to be funded by the participating communities.
MINUTES
FEBRUARY 14, 1990
PAGE 4
Ciernia stressed that any shared resource commitment, be it
staff or funds, should be based on population. Wiessner
explained that there will be grant funds available, however the
group must prepare a budget before applying.
ADDENDUM TO POLICY AGENDA, SCHEDULING INTERVIEWS WITH CITY
COUNCIL APPLICANTS
Council discussed a procedure for screening and interviewing
applicants for the vacant Council position. Baldwin recommended
that all applicants who have served on Council Commissions be
granted an interview, plus up to three of the other applicants
if Councilmembers so desire. The list of names are to be
submitted at the February 28th Council Meeting, with interviews
to be held the week of March 14th, and appointment to be made at
the March 28th Council Meeting.
ADJOURNMENT
The meeting was adjourned at 9:25 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
Revised, 4:30 P.M. 2/28
FALCON HEIGHTS CITY COUNCIL
CANDIDATE PRESENTATION SCHEDULE
FEBRUARY 28, 1990
COUNCIL WORKSHOP
6:00 Meet and Get Settled
6:05 Tamara Hancock (H)
6:10 Dr. Harry Foreman (E)
6:15 Carol Ryan Huso (J)
6:20 Lee Barry (A)
6:25 Don Mead (N)
6:30 Marie Furton (F)
6:40-7:00 Break Before Council Meeting
7:00-7:40 City Council Meeting
7:45 Dave Black (B)
7:50 James Purdy (Q)
7:55 George Stephenson (T)
8:00 William Soukup (S)
8:05 John Hustad (K)
8:10 John Holmgren (I)
8:15 Sam Jacobs (L)
8:20-8 40 Break
8:40 Jan Gibson .Talbot (U)
8:45 Steven Schugel (R)
8:.50 Leonard Boche (C)
8:55 Reconvene Council Meeting, Schedule further interviews?
select finalists?
NOTE:As of 3:30 P.M., 2/28/90, applicants (P) Olsen and (0) MorrisD) John Duncan and (M) Gary Langer have requested to bewithdrawnfromconsideration.
Consent` %
Policy CITY OF TALCON HEIGHTS
BEQUEST TOR COUNCIL CONSIDERATION
Agenda Item: E-1
Meeting Date:2/28/90
ITEM DESCRIPTION:
DISBURSEMENTS
SUBMITTED EY:TOM KELLY
BE9IE~ED SY:
l~I.Ar1ATION/SUlDSARY attach additional sheets as necessary):
a) General Disbursements through 2/28/90, $512,405.12.
b) Payroll from 2/1/90-2/15/90, $10,982.66
ACTION REQIIESTED:
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U N N N N N N N N N N N N N N N N
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13 Feb ! 59;1
Tue 8:19 AM Raid kecister
page iCityofFalconHeights
Social pay pay
Eraplayee Employee Security pay Group Grou;3 Check
Number Number Narne _Number Period dumber De~crip*ion C,ieck Amount Daze Sta*us
018144 477-56-9585 0 0.00 IS-Feb-9U VDiD028145477-56-9585 0 0.00 15-.Feb-9G VOID
018146 OOOOOUOG2 Wiessner, Janet R.47fi-52-7457 3 O1 semi-monthly 1,158.73 15-Feb-90 Outstanding018147000000004Kriegler, Coral J.476-78-8158 3 41 semi-raanthly 31fi.52 15-Feb-9G Outstanding018148000004011Chenaweth, Shirley G.485-26-5571 3 U1 semi-monthly 791.06 15-Feb-90 Dutstarding018149OOOOOOU2GIverson, Terry D.473-Sb-6Ub8 3 01 semi-monthly 827.73 15-Feb-90 Outstanding
018150 000000027 Morgan, Jay M,477-62-9036 3 O1 semi-monthly 669,44 15-Feb-90 Outstanding018151OUGOG0035Zirr~aerraan, Katherine 475-5G-3131 3 Oi semi-raanthly 405.32 15-Feb-9G Outstanding01815200046003$Wright, Vincent D.477-32-4214 3 OI semi-monthly 762.31 15-Feb-90 Outstanding41815s' 406066650 Kubes, Jan E.473-76-6364 3 01 semi-monthly 64.06 15-Feh-9G Outstanding
018154 000000053 Kubes, Bill R.470-98-5139 3 O1 semi-monthly 134.65 15-Feb-9U Outstanding
018155 004640063 Piiilips, Patricia A.471-4G-2104 3 01 semi-monthly 617.18 15-Feb-30 Dutstandina
018156 000000065 Kelly, Thomas R,474-80-4$$4 3 03 semi-raanth;y 787.54 15-Feb-90 Dutstandino
019157 004440672 Carlson, Carol 470-44-8956 3 O1 se.ni-raanthly 230.01 15-Feb-94 Outstanding
018158 0400040/9 Hoyt Taff, Susan L.463-58-4891 3 O1 semi-monthly 352.26 15-Feb-90 Outstanding
018159 004044003 Baumann, Niehaus B.47; 79-253 2 02 monthly 1 c^44.04 15-Feb-34 Dutstandinn
018160 044000045 Berndt, Rass 468-b4-1$64 2 02 monthly 1 14j.38 15-Feb-94 Outstanding
019161 OOUOOGOU6 Bianchi, David P.473bb-1181 2 02 raanthly 1 53.75 15-Feb-9U Outstanding
018162 000000008 Brown, Raymond F.470-44-3424 2 02 monthly 1 190.76 15-Feb-90 Outstanding
018163 000400413 Clarkin, Michael D.473-56-3391 2 02 monthly 1 143.25 15-Feb-90 Outstanding
019164 000044014 Dow, Michael J.469-72-1595 2 02 monthly 1 256. s8 15-Feb-90 Outstanding
55 OOOOOU015 Dawdell, Ralph L.469-58-7304 02 raanthly 1 71.25 15-Feb-90 Dutszarding
5b 004066416 ulier, James D.47;-58-7232 2 U2 monzhiy 1 1$$.50 15-Feb-4 tutstanding
018167 OOOOOOUi9 Holragren, John M. 5r,470-42-6344 2 OP d~nthly 1 145.00 15-Feb-90 Outstanding
0181b8 OOOCOOG21 Kurha~etz, Clement M.475 54-$627 2 02 raanthly 1 261.26 15-Feb-90 Outstanding
019169 0040000 LeMay, Dennis G.471-70-fi167 2 02 monthly 1 123.89 15-Feb-90 Outstanding
018170 04000002s Lei+iay, Douglas 471-70-6408 2 02 monthly I 152.36 15-Feb-30 Outstanding
018171 00000004 Lindig, Leo 468-34-4314 2 02 monthly 1 113.87 15-Feb-9G Outstanding
O18I72 000000025 McDermand, Cindy K.474-66-2134 2 02 monthly 1 8.75 15-Feb-90 Outstanding
018173 600006026 McNabb, Gerald 470-80-1944 2 02 monthly 1 18.75 15-Feb-30 Outstanding
018174 000040029 Olsor., Joseph E,506-58-1753 2 02 monthly 1 130.01 15-Feb-90 Outstanding
1)19175 006000432 Schaefer, Richard A.475-62-4x34 2 02 aronthiy i 48.75 15-Feb-94 Outstanding
018176 000000033 Schauffert, Craig F.472 56-2729 2 02 monthly 1 33.75 15-Feb-90 Outstanding
013117 000000034 Smida, Gail 476-58-$7$9 2 0^c monthly i 107. b3 15-Feb-9G Outstanding
018178 000000035 Morgan, Jay 477-b2-906 2 02 arortthly !115.13 15-Feb-90 Outstanding
019179 000000040 Kayser, Douglas 503-94-4994 2 02 monthly 1 183.51 15-Feb-30 Dutszandind
018180 000400042 Stolz, Steven p.391-50-0917 2 02 monthly i 9.38 15-Feb-90 Outstanding
018181 066004045 Gilbert, Jerome J.476-90-ib19 2 42 monthly 1 132.$1 15-Feh-90 Outstanding
018182 040406046 Holmgren, John ii. Jr.470-98-081fi 2 02 raanthly 1 202.$$15-Feb-90 Outstanding
018283 000066047 Me'VabS, Kevin 474-a0-0274 2 UC monthly 1 105.63 15-Feb-9G Outstanding
019184 400004049 Anderson, Kevin L.473-9$-4715 2 02 monthly 1 306.38 15-Feb-90 Outstanding
019195 004404664 ERSDN, G3EGDRY S.473-64-1117 2 OP monthly 1 216.34 i5-reb-90 Outstanding
018196 040406069 Martinez, Joseph L.593-51-16$1 2 02 monthly 1 71.25 15-Feh-90 f~utstarding
Grand Total i4, 982.66
Content R
Policy
REQUEST POR COUNCIL CONSIDERAtION
CITY OF lALCO~i HEIGHTS
Agenda Item: E-2
Meeting Date: 2/28/90
ITEM DESCRIPTION:
AUTHORIZE ADVERTISING FOR BIDS FOR A SEWER JETTER
SUBMITTED BY:VINCE WRIGHT
JAN WIESSNERREVIEWEDBy' ~SHIRLEY CHENOWETH
DQ'LANA?ION/SUMMARY attach additioaal sheets as necessary):
Purchase of a Sewer Jetter for the Public Works Department in 1990
was included in the Capital Improvement Plan. The specifications are
available at the City office if you are interested.
A proposed timeline is attached.
AC2IOA REQUESTED: Authorize staff to proceed with the purchase procedure.
l ~
l 1
BID PROCEDURE WORKSHEET
Bidding Procedure: Required for all contracts for local improvements when
the estimated cost is expected to exceed $15,000.
Dad.
City Council authorized bid process,
sets bid opening date
1'. Wednesday, February 28, 1990
Action Steps
Council Meeting
2. Thursda y, noon before publica-
tion Feb. 29, 1990
Submit advertisement for publication,
deadline for Focus
3~. Wednesday, March 7, 1990
4. Wednesday, April 4, 1990
10:30 A.M.
5. Wednesday, April 11, 1990
6. Thursday, April 12, 1990
J
Bid advertisement published in official
city newspaper (Focus)
Bid Opening - by 3 public officials,
officials tally bids and determine
whether bids are acceptable (meet
specs)
City Council accepts or rejects bids
Notify bidders
89-18
12/4/89
PP
Consent x
Agenda I_em: E-3
Poli~~
CITY OF FALCQN HEIGHTS ?
leeting Date: 2/28/90
L
BEQUEST FOR COUNCIL CONSIDERATION
ZTE*S DESCRIPTION:
LICENSES
SUBMITTED BY:
Katherine J. Zimmerman
REVIEWED BY:
Shirley Chenoweth •
IIC~LANATION/SU'~MARY attach additional sheets as necessary):
See attached licenses list.
ACTION REQUESTED:
Approval.
CONSENT AGENDA
February 28, 1990
T.TC'F.NGFC
Ricci ncec
Round Bobbin Sewing Center #507
Bullseye - Silver Screen/Tax #506
Fantastic Sams #501
Custom Chocolate (Sig Inc.) #502
Energy Development #508
General Contractor
Valley Window Service #459
Wallmaster Company #504
Befort Roofing, Inc. #505
Mechanical Contractor
Hindig Heating, Air and Electric #500
Refuse Haulers
Waste Management - Blaine #503
NEW
Conaeat
Policy X
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERAClION
Agenda Item: F-1
Meeting Date: 2/28/90
ITE`! DESCRIPTION:
HAMLINE AVENUE EASEMENT ACQUISITION
SUBMITTED EY: JAN WIESSNER
pl~ By; TOM GEDDE
TERRY MAURER
PLANATION/Siil4lARY (attach additional sheets as necessary):
There are eight easements which need to be acquired along Hamline Avenue
for the County's construction project. Ramsey County policy is that. the
City must acquire the easements from the property owners, the cost of which
is not reimbursable by the County or the State. In the attached correspondence,
Tom Gedde and Terry Maurer discuss various strategies for acquisition of the
property, including:
1. Attempt to get property owners to give the easement without
compensation.
2. Make an offer/square foot without appraisals.
3. Hire appraiser and make offer based on appraisal.
4. Use condemnation procedure in which both parties would hire
independent appraisers.
ATTACHMENTS
A. 1/31!90 Maurer correspondence
B. 2/9/90 Gedde correspondence.
C.. -.2/lb:/90.Maurer correspondence
ACTION REQUESTED: Discuss and provide policy direction. to staff.
f
V , .
Attachment A.
rr:I:~'r~
January 31, 1990
File No: 460-001-20
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113
RE: PERMANENT EASEMF_NT ACQUISITION - HAP~LIPJE AVENUE (SAP 6?_-650-04)
Dear Ms. Wiessner:
Please find attached to this letter, 8 separate easement descriptions with
exhibits for the Hamline Avenue project. As you recall, there are 7 propertieswheretheroadright-of-way is only 33 feet in width from centerline. In order
to install sidewalk as part of this project, an additional 5' of easement is
required.
The last easement description is for the installation of storm sewer pipebetweentwopropertiestodrainalowspotattherearyards. This was includedinthedesign, at the request of at least one of the properties during one of
the public informational meetings on this project.
It is the County's policy that the easements be obtained by the municipality.Right-of-way is not reimbursable from the County or the State.
The attached documents should be sufficient in detail so that the City Attorneycanpreparetheeasementdocumentsfornegotiationwiththevariouspropertyowners.
We would be glad to assist you further or respond to any questions you mighthaveasthisprocessmovesforward.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
Terry ~! Maurer, P.E. ~~
TJM/km ~ ti~'~~ )
enc.
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
At tachmenr. B .
JENSEN, HICKEN, GEDDE ~h SCOTT, P. A.
BOCK, EDWARD A., JR.
GEDDE, THOMAS A.
HICKEN, JEFFREY P.
HOWARD, ROBERT A.
JENSEN, DAVID L.
MATTKE, PAUL E.
SCOTT, MICHAEL J.
ATTORNEYS AND COUNSELORS AT LAW
OF COUNSEL
HADLEY, CHARLES S.
LUTHER, RICHARD L.
300 ANOKA OFFICE CENTER
2150 TH[RD AVENUE
ANOKA, MINNESOTA 55303-2296
TELEPHONE (612) 421-4110
TELECOPIER (812) 421-1040
February 9, 1990
Mr. Terry J. Maurer
Maier Stewart and Associates, Inc.
1959 Sloan Place
St. Paul, MN 55117
U
RE: Easement Acquisition - Hamline Avenue
Dear Terry:
Jan Wiessner has forwarded to me your letter of January 31,
1990 regarding the above. Thank you for doing a nice job of
assembling the information that we will need.
I have discussed these acquisitions with Jan and indicated
that the property owners may be willing to convey the neces-
sary easements without receiving compensation. I would appre-
ciate your thoughts on that issue. Jan will be discussingthisissuewiththeCouncilmembers. One risk of asking for
voluntary conveyances is if some owners comply and one or more
others insist on compensation, as a practical matter it would
be more economical to pay $1,000.00 or even $2,000.00 to the
property owner than to go through the entire condemnation pro-
cess with an owner who simply refused to voluntarily convey.
However any such payment could lead to criticism from those
who voluntarily conveyed the easements. On the other hand, an
initial offer of compensation to all property owners. would
presumably be for a smaller amount than the City might be
willing to pay to avoid condemnation procedures, if cost is
the primary consideration. My own thought is that we should
initially contact the owners and ask for a voluntary con-
veyance of the easements; that for those owners who might
refuse, we obtain informal appraisals and offer to pay the ap-
praised value, or slightly more; and that if some owners seek
payment of substantially more than the appraised value, we
consider acquisition by condemnation even though the costs of
doing so may exceed the demand of the property owner. I will
be awaiting direction from Jan on these issues.
Mr. Terry J. Maurer
Page 2
February 9, 1990
With regard to the technical aspects of the acquisition, I
have asked Ed Bock in our office to prepare appropriate deeds
of conveyance from each of the parties and in doing so he will
be reviewing the legal descriptions and confirming ownership
and determining whether the property is abstract or torrens,
etc. He will also communicate with the property owners once
we have received direction from you as discussed above.
I assume that whatever amount has been or is going to be as-
sessed is not affected by whatever the actual costs incurred
for acquisition are. Do we have a specific budget for acqui-
sition that we must stay within? We will be billing our fees
for this project on a separate account number so that the-City
may easily identify our fees.
Yours truly,
JE , ICKEN, GEDDE & SCOTT, P.A.
T oma Gedde
Falcon Heights City Attorney
TAG/abg
cc: Janet R. Wiessner
Attachment C.
February 16, 1990
File No: 330-016-10
CONSULTING cNGINEERS
Maier Stewart & Associates Inc.
Mr. Thomas A. Gedde
Jensen, Hicken, Gedde & Scott P.A.
300 Anoka Office Center
2150 Third Avenue
Anoka,'MN 55303
RE: HAMLINE AVENUE EASEMENT ACQUISITION
Dear Mr. Gedde:
With regard to the Hamline Avenue easement acquisition, I have had very
similar experiences. Often times property owners are willing to give these
small easements, but one or two wanting compensation, can effect the whole
process. One difference in this process, however, is the County Feasibility
Study has had an estimated ~ollar amount for land acquisition included from
the beginning. Anyone who attended any of the information hearing may have
left with an expectation of receiving compensation.
The fact of the matter is, of the 33 parcels in Falcon Heights, 26 have a 43
foot right-of-way which was not compensated for by the City. The remaining
seven parcels with 33 foot rights-of-way are being asked for an additional 5
feet of width. Perhaps all seven would agree just to give it to the City.
The other easement request is for the installation of a storm sewer to
eliminate a rear yard drainage. problem. These property may also be willing
to give it.
Perhaps the way to deal with this issue is to hold a meeting with the eight
property owners and lay .out various alternatives, such as:
1. Attempt to get all to agree to give the easements without
compensation.
2. City make an offer per square foot without any appraisals for all
the easements.
3. Appraisals and a City offer at some level above this amount, say
jJ_ '~
1959 SLOAN PLACE. ST. PAUL. MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
JENSEN, HICKEN, GEDDE & SCOTT, P.A.
FEBRUARY 16, 1990
PAGE TWO .
In answer to your other questions, the cost associated with easement
acquisition will not affect the assessment rate. It will only affect the
overall project cash flow. There is no specified budget for easement
acquisition, however, the feasibility estimate was 37,350.
If you have any questions or we can be of further assistance, please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
c------~
a,~~~
Terry J~ aurer, P.E.
TJM/km
cc: Ms. Jan Wiessner
Conscnt Agenda Item: F-2
Bolicy R
CITY OF FALCON HEIGHTS !
laetiag Date: 2/28/90
YEQUEST FOR COUNCIL CONSIDERN?ION
ITEM DESCRIPTION:
CONSIDER REQUESTING RAMSEY COUNTY TO REMOVE THE NO U-TURN
SIGNS ON LARPENTEUR AVENUE AT ARONA STREET
SUBMITTED EY: JAN WIESSNER
REVZEf~iED BY: ROSEVILLE POLICE
TERRY MAURER
D~LANATION/SUl4SARY (attach additioaal sheets as necessary)
Attachments•
A. Memo from J. Johnson to T. Maurer, Maier Stewart, dated 2/21/90.
B. 2/5/90 complaint form from Roseville police officer.
Terry Maurer recommends removal of the No U-Turn sign unless there are over-
riding reasons why U-Turns should be prohibited. Since this is a County Road,
the City would have to request Ramsey County to remove the signs.
ACTION REQUESTED: Discuss, request Ramsey County to make changes
f, ,
A.
MEMO T0: TERRY MAURER, CITY ENGINEER
FROM: JIM JOHNSON, TRAFFIC ENGINEER
RE: NO U-TURN SIGNS ON LARPENTEUR A ENUE AT AROMA STREET
INTERSECTION
DATE; FEBRUARY 21, 1990
FILE ; 330-000-00
In response and follow-up to the complaint form you received from the City
of Falcon Heights dated February S, 1990, regarding the lack of conformance
with the posted "U-TURN PROHIBITION" signs on the Larpenteur Avenue medians
at the Arona Street intersection, I made afield investigation of the
intersection this morning and made the following observations:
1.) "U-TURN PROHIBITION" signs (R3-4), measuring the proper 24" X 24" size, are
mounted below 24" X 30" "KEEP RIGHT" symbol signs (R4-7) on the medians for
both eastbound and westbound Larpenteur Avenue traffic at the Arona Street
intersection. Both S2t5 of signs are mounted too low and are extremely
dirty as a result; probably resulting in no visibility of the signs after
dusk. The bottom of the "U-TURN PROHIBITION" signs, being the lowest and
therefore the supplemental signs of the assemblies, should be mounted a
minimum of 6' above the top of curb to be in conformance with Minnesota
Manual on Uniform Traffic Control Devices (MMUTCD). This mounting height
would keep the signs cleaner and improve their visibility and reflectivity.
The signs are otherwise in conformance with MMUTCD with regard to number of
signs, location, size, etc.
2.) The Larpenteur Avenue-Arona Street intersection is controlled by traffic
control signals, which provide protected left turn movements for the
eastbound and westbound Larpenteur Avenue traffic turning onto Arona Street
from protected left turn lanes. As such, the left turning Larpenteur
Avenue onto Arona Street traffic is not in conflict with other intersection
movements (with the exception of right turns on red after stop, which must
yield anyway), and therefore, the "U-TURN PROHIBITION" signs do not appear
to be warranted or necessary. In fact, no other intersection along
Larpenteur Avenue, between Snelling Avenue and Rice Street, has a U-turn
prohibition. Therefore, the signs are not anticipated or expected at the
Arona Street intersection.
Based on the above observations, I would recommend the removal of the "U-Turn
Prohibition" signs for eastbound and westbound Larpenteur Avenue traffic at the
Arona Street intersection. If there exists an overriding reasons why the "U-Turn
Prohibition" signs must remain in place, the sign posts need to be extended
upward and the signs raised to provide proper minimum vertical c]earance.
Please contact me if you have further questions or need additional information
on this matter.
JEJ(km
attch.
ski .~ :~p:= = H .1 1:~!-~M~1'= ~~~ I ~-+W ~i~~ _ T T i1H1 @ =.- _ _.-~3~~
B.
J~ C
CITY OF ~ ~N ~- `~ `~
FALCON ~ E IGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 5511 3-5594 PHONE 612-644-5050
a o~ ~~Qa~~~~~~~
TO : '~-j~'lr ~ t _1:'~ O ,L ~
Date: :~ ~~ ~~ L~
WE ARE SENDING YOU THE FOLLOWING:
License Applications ^ Contract ^ Minutes
Copy of Letter ^ Section of Code ~-~-~~~'-}~
r
Copy of Report ^ Building Permit [~ Other ~ ~-yYt_.~~' ~L~~L~. r
THESE ARE TRANSMITTED as checked below:
For your approval ^ Approved as submitted
As requested ^ Approved as noted
Q For review and comment ^ Returned for corrections
L] For your information Q Incomplete information provided
Application not signed
License fee of $ not paid
Certificate of insurance not received
1,000 Bond not received
3,000 Bond not received
5,000 Bond not received
State of MN Worker`s Compensation Form not received
State of ~ Department of Revenue ID Form not receiv
REMARKS
Copy tl
HOME OF THE MINNESOTA SATE FAIR AND THE~U CF M INSTT,.TE OF AGRICiJLTURE
88-4 ~ /~~
J ~~Initials.
w ~'__ C1 ;Date:
Zise : ~~ .. ~1 } ~ `c~Z,
Citl.of lalcon flai~ta
COl~LAIFT FO&~!
onaent
Policy ~CITY OF TALC02: SEIGSTS
REQUEST' TOR COUNCIL CONSIDERATION
Agenda Item: F-3
feting Date: 2/28/90
ITEM! DESCRIP?ION:
SCHEDULE COUNCIL WORKSHOP TO DISCUSS PROPOSED CITY
CODE REVISIONS, CH. 1-3
SUB?iITTED EY: JAN WIESSNER
REVIEi~FED BY:
E~LANATION/S1]l4SARY (attach additional sbeets as necxssary)
We have a draft ready to review of Chapters 1, 2 and 3 of the City Code.
These sections will reference the City's Personnel Policies, the Fire
Department Rules and Regulations, and the Emergency Plan so these 3 doc-
uments should be reviewed concurrently.
r
ACiIOId REQiTESTED: Schedule City Council Workshop(imnediately following the
Council meeting on March 14?)
i- f, ~w~
i~
Content
Policy X
CITY OF TALCOh SEICBTS
jtEQUESS TOR COUNCIL CONSIDERAZION
Agenda Item: F-4
Meetiag Date:2/28/90
ITE'! DESCRIPTION:
CITY COUNCIL APPLICANT SCREENING
SIIB?iITTED EY: 21 APPLICANTS
REVIEii~D BY: .JAN WIESSNER
PLANATION/SUl4SARY (attach additional sheets as necessary):
Attached are the 21 applications received for the vacant Falcon. Heights City
Council seat. Council members are requested to bring a list of suggested
questions to be used for the interviews. The preliminary interviews will entail
I each applicant making a brief (5 minute) presentation to the Council summarizing
their background and reasons for wanting to serve as a council member. These
brief interviews have been scheduled for Wednesday, Feb. 28, 6:00-6:45, and
7:45-9:15 P.M. If all candidates cannot be scheduled Feb. 28; the Workshop
will be continued until 6:00 P.M. Wednesday, March 7.
If the Council wants to take action after the initial brief interviews to select
finalists,•the council meeting must be recessed and then re-convened after the
Workshop.
ATTACHMENTS•
I
A. Council Applicant List
B. Excerpt from LMC Handbook Re: Adjourned Meetings
C. Interview Schedule
D. Applications
NOTE: Candidates are in the process of being contacted. A schedule of inter-
views will be available ASAP. The interviews will be taped
for delayed broadcast.
ACTION REQUESTED: Schedule Council Candidate Interviews (2 dates in March)
and Select Finalists.
E
Attachment A.
i~
CITY COUNCIL APPLICANTS
Feb., 1990
Name
A.Lee Barry
B.David Black
C.Len Boche
D.John Duncan
E.Dr. Harry Foreman
F.Marie Furton
G.Don Goedken
H.Tamara Hancock
I.John Holmgren
J.Carol Ryan Huso
K.John Hustad
L.Sam Jacobs
M.Gary Langer
N.Don Mead
Address
1391 Idaho Avenue West
1887 Arona Street
1776 Fry Street
1753 Albert Street
1564 Burton Ave.
1456 W. Idaho Avenue
1881 No. Pascal
1818 Larpenteur Ave. W., Apt. ~~14
1744 Pascal St.
1837 Moore St.
1825 Arona St.
1489 W. Hoyt Ave.
1740 Simpson St.
1863 Sheldon St.
Page 2
City Council Appli rants
Feb., 1990
Name
0. Joseph 0. Morris
P. G. James Olsen
Q. James K. Purdy
R. Steven John Schugel
S. Bill Soukup
T. George M. Stephenson
Address
1911 N. Snelling Ave.
1816 Asbury St.
1269 Fifield Place
1795 Simpson St.
1763 No. Hamline Ave.
1666 Coffman St., Apt. ~~128
U. Jan Gibson Talbot 1531 W. Idaho .Avenue
Attachment B.
Elected Officials, City Councils, and Advisory Bodies 1988 Supplement
3. Select an official depository for city funds;
4. Review the council's bylaws or rules of
procedure and make any necessary
changes. An amending ordinance is neces-
sary if the bylaws are in ordinance form,
otherwise a resolution or motion is suffi-
cient for this purpose.);
5. Renew all annual appointments to ad-
ministrative positions, although the prac-
tice of annual appointments for ad-
ministrative personnel is no longer
considered advisable;
6. Assign committee duties to members;
7. Approve official bonds which have been
filed with the clerk; and
8. Appoint, if the council wishes, one or more
city police officers or council members as
process servers for the coming year .
These actions may occur by resolution or mo-
tion, except that the designation of official
depositories for city funds must be by resolution
stating all terms and conditions of deposit and
filed with the clerk. 102a Ordinances are only
necessary for bylaws changes in some cities .
ferent from that in its schedule of regular
meetings, it must give public notice of the meeting
as if it were a special meeting. 107
Adjourned Meeting's
City-.officials" use -they terms"adjourned, con-
tinued,~ana iecessed interchangeably. The terms
refer to meetings.the council postpones to a future
time for lack of a quorum or for purposes of con-
venience, 108 and those continued to a second day
or evening to complete business left pending at the
regular meeting.
Fewer than three statutory city council members
can meet to adjourn or postpone a regularly or-
ganized meeting to a fixed future time. 109 When
the council calls adjourned meetings to complete
pending business, the council should treat the ad-
journment as a recess.
If the council announces the date, time, and
place of the adjourned meeting at an open meeting
and makes the announcement a part of the official
proceedings or minutes, no additional public notice
is necessary. If not, the law requires a ppublic notice
similar to that for special meetings. I10
Special Meetings
Regular Meetings
No statutes govern the time, place, or frequency
of city council meetings, but each council should
set the times and place for its meeting in the rules
or bylaws. The council must post or have its
regular meeting schedule available for inspection
at the city offices. 103 It should set an alternate
time for meetings when the regular time falls on a
legal holiday. Councils generally meet once or
twice a month.
City councils cannot hold meetings between 6
p.m and 8 p.m on any election day within their
boundaries. 104 Nor can they meet after 6 p.m. on
the day of a political party precinct caucus. 105
Councils usually hold meetings in the city hall
or at another place within the city. 106 The council
should hold regular meetings in the same place. If
the council holds a meeting at a time or place dif-
Special meeting" of the council refers to any
meeting other than a regular or an adjourned
regular meeting. The council may transact anybusinesswithinitspowersatsuchmeetings . It is
bound by its rules and by the statutory provisions
governing re ular meetings, including the open
meeting law. ~11
t; Calling special meetings is more complicated be-
cause of the 1987 addition of public notice require-
ments . These supplement, but do not replace, the
existing law that requires only notice to the coun-
cil .The council must comply with both provisions
of law.
Notice to the council
The mayor or any other two members of the
council may call a special meeting. Such a call oc-
curs by filing a written statement with the clerk
containing, as a minimum, the following: the
names and positions of the individual or in-
dividuals calling the meeting; the time and placeofthespecialmeeting; and a request asking the
j
Page 98 Handbook for Minnesota Cities
Attachment C
FALCON HEIGHTS CITY COUNCIL
CANDIDATE INTERVIEW SCHEDULE
Feb. 28, 1990
Council Workshop
6:00 Meet and Get Settled
6:05 John Duncan
6:10
6:15
6:20
6:25
6:30
6:35
6:40 - 7:00 Break Before Council Meeting
7:00 - 7:40 City Council Meeting
7:40 Council Meeting Recessed
7:45 Dave Black
7:50
7:55
8:00
8:05
8:10
8:15
8:20 - 8:40 - Break
n
U
8:40
8:45
8:50
8:55
9:00
9:05
9;10
9:15 - Reconvene Council Meeting
Schedule further interviews •
Select finalists
ADDENDUM TO .POLICY AGENDA
February 14, 1990
F. REPORTS, REQUESTS AND RECOMI~NDATIONS:
F-12. Schedule interviews with council candidates.
ACTION:
7
REGULAR CITY COUNCIL MEETING
CITY OF FALCON. HEIGHTS
AGENDA
FEBRUARY 14, 1.990
A. CALL TO ORDER; 7:00 P.M.
B. ROLL CALL: BALDWIN WALLIN GEHRZ
WIESSNER S. CHENOWETH
ATTORNEY ENGINEER
C. APPROVAL OF MINUTES OF JANUARY 24, 1990.
D. PUBLIC HEARINGS:. NONE
E. CONSENT AGENDA
CIERNIA
1. Disbursements:
a. Disbursements through 2/14/90, $64,319.96
b. Payroll, 1/16/90-1/31/90, $10,336.69
2. Cancellation of Check Nos. 23174 and 22901.
3. Resignation of Anne Carroll from Planning Commission
4. Fire/Rescue Department Appointments
5. Minutes:
a. Parks and Recreation Commission
b. Planning Commission
c. Solid Waste Commission
6.. Proposed Resolution R-90-6 Proclaiming the Week of March 4-lI, 1990
as Volunteers of America Week in Falcon Heights
7. Insurance Coverage
8. Licenses
ACTION:
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
1. Order Improvement of Hamline Avenue from Larpenteur to Roselawn
ACTION:
2. Authorize the Issuance of $335,000 General Obligation Capital Notes to
Finance the Purchase of Public Safety Equipment, Road Construction or
Maintenance Equipment and other Capital Equipment.
ACTION:
Page 2
February 14, 1990
AGENDA
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
3. Authorize the Issuance of $115,000 General Obligation Improvement
Bonds for Costs Related to Hamline Avenue Improvement Project
ACTION.:
4. Forester's Report for Year 1989
ACTION:
5. Schedule Public Hearing on Assessment of Unpaid False Alarm Fees
ACTION•
6. Request for a Conditional Use Permit to Operate an Off-Sale Liquor Store
at 1559 W. Larpenteur Ave.
ACTION:
7. Investment Policy
ACTION:
8. Travel Policy
ACTION:
9. Ethics Policy for Falcon Heights Public Officials
ACTION:
10. Personnel Compensation Program
ACTION:
11. Mayors Commission Against Drugs: Celebrate Drug-Free Communities Committee
ACTION:
G. ANNOUNCEMENTS AND UPDATES
I . H. ADJOURNMENT
ACTION:
r
MINUTES
REGULAR CITY COUNCIL MEETING
JANUARY 24, 1990
Baldwin convened the meeting at 7:00 P.M.
PRESENT
Baldwin, Ciernia and Gehrz.
and Chenoweth.
Also present were Maurer, Wiessner
ABSENT
Wallin.
MINUTES OF 1/10/90 APPROVED
Council approved the Minutes of January 10, 1990 by unanimous
consent.
ADDENDUM TO POLICY AGENDA
Council added the following item to the Policy Agenda: Item F
6), Consider Scheduling a Workshop to Discuss a Proposal from
ARK Development regarding Stratford Office Park property.
Council approved the following Consent Agenda by unanimous
consent:
1. Disbursements
a. General Disbursements through 1/24/90, $204,155.94
b. Payroll, 1/1/90-1/15/90, $10,145.23
2. Commission Minutes
a. Human Rights Commission Minutes of November 30,
1989
b. Solid Waste Commission Minutes of January 4, 1990
3. Proposed Ordinance No. 0-90-5 Amending the City's
Personnel Policy
4. Licenses
CITY TO ADVERTISE FOR BIDS FOR PARK BUILDING
Baldwin explained that the Board of Regents of the University
will be meeting in February and it is anticipated that a lease
agreement for the Community Park land will be approved. Concern
was expressed that the proposed lease/amortization agreement is
for a 15 year period only. Wiessner stated that the agreeement
would begin in 1994 after the present lease expires which would
make a total of 19 years. Based on this information, Ciernia
moved that Staff be authorized to advertise for bids for the
proposed new Park Building, contingent upon finalization of a
lease agreement between the City and the University. Motion
carried unanimously.
PROPOSED RECONSTRUCTION OF CLEVELAND AVENUE, LARPENTEUR TO
COUNTY RD. B
Maurer reviewed his memo dated December 26, 1989 (a copy of
which is on file in the clerk's office) addressing items such as
MINUTES
JANUARY 24, 1990
PAGE 2
roadway design, a possible bike pathway, parking, storm drainage
and cost to the City.
FINAL PLAN5 FOR HAMLINE AVENUE, LARPENTEUR TO COUNTY RD. B,
APPROVED
Maurer explained that Ramsey County will honor the City's
request that the boulevard on Hamline Ave. (Larpenteur to
Roselawn) be reduced from 6 feet to 4 feet, and that the shared
funding of the Gottfried Pit will be addressed at a later date.
He recommended that Council approve the plans and authorize his
signing the same. Gehrz then moved adoption of Resolution
R-90-5 which carried unanimously.
RESOLUTION R-90-5
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR THE HAMLINE AVENUE IMPROVEMENTS (LARPENTEUR
AVENUE TO COUNTY RD. B-2)
DISCUSSION OF PROPOSED AGREEMENT WITH MN/DOT REGARDING 1987
SNELLING AVE. CONSTRUCTION PROJECT
Maurer presented Supplement #1 to the Minnesota Department of
Transportation agreement for street, watermain and storm sewer
construction on Snelling Avenue in 1987, and explained the
related costs. A lengthy discussion ensued regarding costs to
the City as the Council understood that the City would not be
charged for any street construction and objected to the charges
now being proposed. Since the new watermain was entirely a City
project and the City's expense, Council agreed that the first
installment should be paid. Ciernia moved approval of the first
good faith installment in the amount of $45,426.67 which will
not constitute agreement with the proposed payment plan. Motion
carried unanimously.
The proposed agreement with MN/DOT was not approved due to the
street charges.
5 YEAR STREET PROGRAM APPROVED
Council discussed the proposed 5 Year Street Program recommended
by Maurer after which Gehrz moved adoption of the 5 Year Street
Program as presented with one change, moving of the Albert
Street Construction to the year 1991. Motion carried
unanimously.
WORKSHOP SCHEDULED FOR 1/31/90 ON POSSIBLE DEVLELOPMENT OF
REMAINDER OF STRATFORD OFFICE PARK PROPERTY
Wiessner explained that ARK Development has expressed interest.
in constructing elderly housing (apartments) on the remainder of
i the Stratford Office Park land, and recommended that a workshop
with the developer be scheduled for January 31st. She informed
Council that ARK would like to pursue a Community Development
Block Grant which has a deadline of February 15th. Council
agreed to schedule .the workshop for 7:00 P.M. on January 31,
1990.
MINUTES
JANUARY 24, 1990
PAGE 3
ADJOURNMENT
Council adjourned the meeting at 8:11 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
1
U
Agenda Item: E-1
Consent ~
Policy CITY OF lALCON T~IGSTS
1tEQUES? FOR COUNCIL CONSIDERA?ION
Seating Date: 2/14/90
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29 Jan 1990
Man 10:09 AM
Employee Employee
Paid Register
City of Falcon Heights
Social Pay Pay
Security Pay 6raup Group
018111
018112
018113 000000002 Wiesner. Janet R.
018114 000000004 Kriegler, Coral J.
018115 000000011 Chenaweth, Shirley G.
018116 000000020 Iverson, Terry D.
418117 000000027 Morgan, Jay M.
018118 00UUCr0U35 Zimmerman, Katherine
018119 000000038 Wright, Vincent D.
U1$12U Cr0U00GU50 Kubes, Jan E.
018121 000000053 Kubes, 8111 R.
018122 000000055 Fitzgerald, Scott T.
018123 000000063 Phillips, Patricia A.
018124 0U0UCrUCffi5 Kelly, Thomas R.
018125 000000070 Sell, Matthew W.
018126 UGUC>UU071 Bosshardt, Brian
018127 000000072 Carlson. Carnl
018128 000000075 PICKA, GEORGE
018129 000000079 Hayt Taff, Susan L.
G1813U
418131 000000001 Baldwiry Thomas W.
8132 000000003 Baumann, Nicholas B.
33 040000005 Berndt, Rass
34 U4440UCK78 Brawn, Raymond F.
Jug-~-~..
018136 040440018 Halmgren, Jahn M.Sr.
018137 400000022 LeMay, Dennis G.
018138 000000024 Lindig, Lea
018139 000000033 Schauffert, Craig F.
418140 000400034 Smida, Gail
018141 400044037 Wallin, Gerald E.
038142 04CK-44C-39 Morgan, Jay
018143 000000082 Gehrz, Susan L.
Grand Total
583-51-1681 0
583-51-1681 0
476-52-7457 2 01 semi-monthly
476-78-8158 2 U1 semi-monthly
485-26-5571 2 UI semi-rnanthly
473-56-6088 2 01 semi-monthly
477-62-9036 2 U1 semi-monthly
475-5U-3131 Ul semi-rnanthly
477-32-4214 2 01 semi-monthly
473-76-6364 2 01 semi-monthly
470-98-5139 2 01 semi-monthly
470-82-2533 2 Ui semi-monthly
471-40-2104 2 01 semi-monthly
474-8U-4884 c U1 semi-monthly
471-84-1017 2 01 semi-monthly
2 01 semi-monthly
470-44-8956 2 01 semi-monthly
471-28-9972 2 01 semi-monthly
469-58-4891 2 01 semi-monthly
469-58-4891 0
472-48-4620 1 03 monthly 2
472-78-2553 1 03 monthly 2
468-60-1864 i U3 ma»thly 2
470-44-3020 1 U3 monthly 2
470-42-6344 1 03 monthly 2
471-70-6167 1 03 monthly 2
468-34-4314 1 03 monthly 2
472 56-2729 1 U3 monthly 2
474-58-8789 1 U3 monthly 2
477-48-1406 1 03 monthly 2
477-62-9036 1 03 monthly 2
477-56-9585 1 03 monthly 2
Check
Page 1
0.00 31-Jan-90 VOID
U. 00 31-Jan-90 VOID
1,158.73 31-Jan-90 Outstanding
344.98 3i-Jarr9U Outstanding
791. U6 31-Jan-90 Outstanding
803.76 3i-Jan-9U Outstanding
685.44 31-Jan-9U Outstanding
537.95 3i-Jan-90 Outstanding
768.16 31-Jan-90 Dutstandinq
86.33 31-Jan-90 Outstanding
220,65 31-Jan-90 Outstanding
424.07 31-Jan-9U Outstanding
617.18 31-Jan-90 Outstanding
787.54 31-Jan-90 Outstanding
34.49 31-Jan-90 Outstanding
34.49 31-Jan-9U Outstanding
476.14 31-Jarr9U Outstanding
140.88 31-Jan-90 Outstanding
529.83 31-Jan-90 Outstanding
0. U0 31-Jan-90 VOID
346.31 31-Jan-90 Outstanding
50.71 31-Jan-90 Outstanding
41.50 31-Jarr94 Outstanding
63. U0 31-Jan-9G Outstanding
250x00-31-3an-90 1'iuts,anding__-
135.00 31-Jan-9Cr Outstanding
56. GU 31-Jan-90 Dutstandinq
303.34 31-Jan-90 Outstanding
135.00 31-Jan-90 Outstanding
63. Q4 3i-Jarr9U Outstanding
200. U0 31-Jan-94 Outstanding
41.50 31-Jan-94 Outstanding
213.65 31-Jan-90 Dutstandinq
10, 336.69
L~
29 Jan 1990 Paid Register Page 2
Mon 10;09 AM City of Falcon Heights
Payroll
User Initials TRi(
Monday P9 January 1990
Buffer Name CheckHistory
Rerords Read 104
Records Selected 33
Number of Pages 2
10;09 AM Start
10:09 AM Finish
Selected by Pay 6raup Number Nat Equal To 2
And Check Date Equal To 31-Jan-90
Sorted by Check Number Na Totals No Gage Breaks
Consent X
Agenda Item: E-2
Policy CITY OF lALCO'Pi HEIGHTS Meeting Date ?/14/90
i .. ..
YEQUEST YOR COUNCIL CONSIDERATION
Agenda Item: E-3
Consent X
Policy CI?Y OF TALCON gEIGHTS Meeting Date: 2 14 90
YEQUEST YOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESIGNATION OF ANNE CARROLL FROM THE PLANNING COMMISSION
SUBMITTID BY: Tom Baldwin
pl~ gy• -Planning Commission
vLANATION/SUl4lARY (attach additional sheets as necessary):
Ms. Carroll will be absent from the City for an extended period of time
and will be unable to serve on the Commission.
This leaves. the. Commission. with only six, members and since the City Code
stipulates the. Commission. shall consist of not less than seven nor more
than nine members, it will be necessary to appoint a replacement in the
near future. At present, we have no pending applications on file.
ACTIOr RgQUESTED: Approval
i
Consent X
Policy CITY OF lALCON HEIGHTS
Agenda Item: E-4
Mceting Date:2/14/90
REQUEST !OR COUNCIL CONSIDERATION
J~ 6 ~o
C 1 Ty O F FALCON NE i t;M1S
FIRE DEPARTMENT AND RESCUE SQUAD
Appl iration for Msaibership
rERS ONAI I N FORMAT i ON
Name „~,~ C ~ L- ._...., I G~1 ~ r '
t ""'€int ~+i dd to
GfGate. ilecetved
Oats of firth l - % % r
Aedre:: g/~ ~' G~1,rr~%~ ST ~°~lUl : Mti CCII i'
tre~1~ ty // to i/p
Tat:phone ~~ '~ ~S '7 ~._...k~ 3-6 ~ 3oc..3ec. ~ _ 7(0 ~ ~ ~ ~- tv ~ ~~ .
wor
OMn Mane .iuying ilane Renting
Mow iong have you lived tn=Faloaa Heights?
EDUCATION
1
s include any first aid, AMT, and firefighter training.
EMPLOYMENT ,~
i~ ~ t
t•resen t E~npioye r ^ _G ~~/~ ~ 1~s _ No. ost Ysars
ius iness Address -a ~ ~~ /L~ ~`~ ~~~~ E' ~ Norking (burs ...~ . ~~r. - C /Gyp'
J
Former employers (list your fast ti+o employers starting with the abst recent sspioysr).
ime t Address of E 1 er Oates E io ed -osi
From:
To:
From:
To:
sr ~e'
Name_and Location Years Arr~r+d~d .Graduated
d t
t~
2
you ever been discharged from any position? /~_ (If yes, explain).
GENERAL INFORMATION
lease elate briefly what p led you to see~t wembership with the alaor- Heights Firs
iEepartaient •nd Rescue Sehrd ~ '~~~a i~' i i~ ~ n d
Q eSG UC ~ ,v l~ ~ e~ ~ _ .,t^/~r
Yhat hours are you wai iabh •for .cat ls? __~~_ ~ _ 'f0
Are you a U. S. ci ti tent ~ <Do you have relatives is our rpigT _~
Nrve you ever been eonvlete~! of a ofsdemeanor, felony, or asnvicted to s oflltary eou-t
wsrtial? (Omit ~aTnor traffic <violations).
Yes No ~ if yes, explain
Do you have a vai i d driver's 1 i tense? Yes ~ No License / ~- ~'~~~_~r,~~ ~-~~T L'`'~ j
many`traffic tickets for moving violations have you received in the past five years?
Y1 ~ . Nature of offense(s)
Outside interests. hobbits, etc. ~~! ~~~`~~'Qp~l y , I~~?~1 ~r y
IrHYS 1 CAL RECORD
Height ~ 1leight / Colon of Mai r r ~tv IColor of ifya n `~
riow would you describe your `Ueneral health? ~kLel~~~
list arty physical. defects Nan e
Have you ever been Injured? ._ Give details
Oo you wear glasses? _ Are you subJect to claustroplabiaT _ /j/L''
you of ra i d of heights? _ ~~~ (;~
y ~in case of emergency notify ~`~ ~~'r^~ ~~ ~.~F ~- ~,~'`~- `~ ~~ i ~
f~r1 '
rsss
4!
REFERENCES (1 i st ..three)
a~}
Name ,~ d f ~ /C~ ~`?s~ ~ M~one _/ ~ / - ~ ~ y~ Addrsss ~ /S ~ C n / fa ~~ ~ z
Name /~~ !1 ~~ !~ ySS ~- lhon e ~~ - l~ `~ l llddrss s ~~ a ~. G-g ~i f ~ f7 / C~
lame ~ ~ „~`~ f ~ phone ~ ~l ~ IG 3(~ !t/dnss ~~~ 7S Jt/. ~ ~ e lli h~w~~~.~
Mow erny days, weeks, or months of the year are i-ou out of .ta+n for masons ,bier than
negular smploywent? , ~ 1 wec
1 hereby apply #or ~aembership in the iatoan Heights fire lepartwent and Il~taa Squad. .prior
to oy acceptance f will have to 'pass a coaoplete physical axaoination ands ~cicai agility
test. !n additioa, wy atceptanca is mnditionsl opon sy perfonri-ce whits°wr the.Oepartwent.
If sy perforaance falls below tkpartaent standards, sir position >May be ter~tsated at any time.
Otherwise, 1 will serge none-year probationary period. At the end of that period 1 will be
accepted as a regular member of .the department or my probationary period Kitt be extended.
1 agree Lo abide by ail by-laws and policies of the Falcon lkights Fire Department snd Rescue
Squad during my tenure with the Department.
S i gnature ~ Date
T
r •R
J
OVAL INFORhtAT
Q ! ./~z~/~ `; ~
l ~ ur
Name tf'~ e h ~_ n _Jl_I/d-T_ _~1-AN r ~' ~ Mts of ! i rth ~ ~- ` 1 ' G tS
Last first Mi ddie
Addrsss 1 L- ~ S~~ °-3
trs~e _._ tl- Lte -dip
Telephone 'D Soc. Esc. /. _ ~-/ ~ ~ - f Z - ~/O y3
aar ao
Own Nome .iuying Home #enting .
Mow .1009 have You 1 ill! Ew fat ono Ik i ghts? ~ jYl DS_
EDUCATION
Name and Location
Grammar School
9n schoo t ~ l f~iWf S N ~ ~ ~-r,vc
Other* ~~i~A/vC~7 LiF~S~~i~.~ie
D~
D.t~ R:ui red _~-- Fi- ~~
Years At ~~ d Graduated
inciude any first aid, EMT, and firtfighter training.
EMPLOYMENT
Present Espioyer _~ ~,+,~~f',tJ;'L i f~Nf~~~O~~~~ No. of Years
i3us iness Address Mocking !burs
former siaployers {list your last two soployers starting Frith the Bost recent eaployer~.
l
wane s Address of E 1 er piles E to d Position Reason for teavi
Vii, `~ ~ "~. ~'~ CS aF ~f
From: ~~ `I iFr ~atl~f ~Cf 5~~ i:L-~
Gfh,t ~r~ ` fi~ ~3t'K~S From: (c~~~s EwS-t-s.~
l3'N r~ S'tz ~?,~ r ~ y ~ c~ - 6~ ~ ~TO : ~~~.,~ry ,q-,,,, E ~G~~ F;,~ ~r` ch, ~~ t'
t l TY O F FAlCON ME 1 CNTS
FIRE DEPARTMENT ANO RESCUE SQUAD
Application for Membership
7L
l
2-
you ever been discharged from any position? ~~ (If yes, explain).
CE NE RAL 1 N FO RMAt10N
Please state brisfty what prompted you to seek wembership with the Faioon lkights fire
tkpartwent and ResGrr~ Squad
uSi ~S~D ,,,=~I QiSS s ~ g~ " ~e~. s~~~ b ~- cA-~~E~rz- ~t~
iihat hours are you lit !able for cal ls? ~ L
Are you a U.S. Ettise~T~ Qo lrou have relatives in our ewploy? /~ •
have you ever bssn o~vTcted of • wisdemeanor, felony, or aoAVicted to a wilitary court
wartlat? (Omit wing traffic violations).
Yes No ~ if yes, expisin
Da you have a valid driver's license? Yes ~ No License / N-6Y3'6~z-C~-`137
many traffic tickets for moving vioiations have you received in the past five years?
Nature of offense(s) 5fF. F~'1,
Outside interests, hobbies, etc. Fra,?~ 63~~r~ f ~F;-'~~~E?firf ~ ~ ~~<c!`r ~~~ ~"~t1~
rr~ Z ~~`~~.~
PHYSICAL RECORD
Height ~6 ~'v~ Veight 1 7!7 Color of Nair ~~ Color of Eyes $~~
Now mould .you describe your 'general health? (~~
List any physical defects
live you ever been t~jured? =Give details
Oo you wear glasses? • ti~ Are you subject to claustrophobia? /~~~
Are you afraid of heights? /lI0
se of emergency notify Df}~~'rf~ f-{~'-~~~~ ~1~S~5Gs~b'
ress ~ '
r 1
i ~,,aj
r .
RENCES (1 i st thrse)
Phone Addrs:s
Name ~t?~~ Y 5-~-u BE~7~ ~C~.__ Phone ~~s ` ~ bg Address
Name ~t ~~ G~,T~D~,....__ -hone _~ 2 ~/ - 66 ~t G Address
Now want' Rays, wseks, or of the year are you out of .ta+n for reasons other than
regular eaptoymant? Ks
1.hereby apply for asobe~l~p In the Faloon Nei9hts Fire fepartwent and Rescue Sgwd. Prior
Lo oy acceptance 1 wi to ~a ~o 'pass a cowplete physical.. s~wination and a Phlrs scat agi 1 i ty
test. in :addition, ay a~e7o+sptarce i s o~r-di t ional upon oy perforwence wh i 1e on the Depa rtoent.
if ~r perforaance fall ie~a+ Dapart+asnt standards,. sM position Iisy be tsrwinated at any tiwe.
Otherwise, I wilt serve a -yssr probationary: period. #t the snd of that period 1 will be
accepted as a regular wsniber of the department or air pr+sbationary period will be extended.
1 agree to abide by all by-haws and policies of the falcon Heights fire Department and Rescue
Squad during my tenure with the Department.
gnature Date
l
Conscnt X
Policy
ITEM DESCRIPTION:
CITY OF lALCOf~ HEICSTS
YEQUEST !OR COUNCIL CONSIDERA?ION
MINUTES
Agenda Item: E-5
Meeting Date: 2 14 90_
SUBMITTED BY: (a) Park & Recreation.Commission (c) Solid Waste Commission
b) Planning Commission.
REVIEWED BY: '
oLANATION/SUP4lARY (attach additional sheets as neccseary):
Attachments:
a) Parks and Recreation Commission Minutes of January 8, 1990
b) Planning Commission Minutes of February 5, 1990
c) Solid Waste Commission Minutes of February 1, 1990
ACTIOT REQUESTED: Information Only
i • -%-
a)
r1
LJ
PARK AND RECREATION COMMISSION MEETING
JAN. 8, 1990
MINUTES
PRESENT: Lloyd Jacobson, Jeff Johnson, Jyneen Thatcher, Connie Lasser,
Carol Kriegler.
The resignation of Councilmember Pat Bush was announced. The Commission briefly
discussed Pat`s contribution and support of Parks and Recreation during the years
she served as both the Park and Recreation Director and city council member. The
Commission expressed their appreciation for her support during a time of great
progress in improving park facilities and recreation programming.
Carol Kriegler reported that the-rinks were in operation and in good condition.
Carol explained the process by which staff routinely inspects the quality of ice
at each location and maintains records of such.
Connie Lasser reported that she had taken a complaint regarding kids playing hockey
on the pleasure rink. It seems that a problem exists in that hockey playing tends
to dominate the entire rink so that pleasure skating is impossible or hazardous.
Two possible solutions were then discussed:
1. Take measures to eliminate hockey playing from the rink entirely.
2. Split the rink in half with a "snow pile" thereby creating two
separate spaces - one for hockey and one for free skating.
After some discussion, the Commission opted for splitting the rink in two. Public
Works would then be asked to create two spaces the next time it snows.
Joan Schilling, Conservation chairperson of the St. Paul Audubon Society, gave a
brief proposal about including the City's park(s) in a blue bird chain. The chain
would consist of a number of blue bird nesting hawses located in the U of M
St. Paul Campus and Falcon Heights area. The Commission expressed an interest in
participating in such a project and encouraged Ms. Schilling to get back to the
Commission with a more specific proposal.
Carol Kriegler reported that the City has received a formal written extension for
the Celebrate Minnesota 1990 Grant.. The following timeline was discussed for
completing the park building construction project.
Wednesday, Jan. 24 -- City Council approval to advertise for bid
contingent on finalization of UofM/City Park Lease Agreement)
February 8 -- U of M Regents meeting, action of park lease extension
Mid-February -- Advertise for bids
Mid-April -- Begin construction
1 -
Page 2
Minutes of Parks and Rec Commission Meeting on Jan. 8, 1990
A route through the City .for the Olympic Festival Torch Run was tentatively
planned. The route is as follows:.
Receive torch at Roselawa and Snelling
West Roselawn to Community Park
Backtrack East on Roselawn to Fairview
South on Fairview to Larpenteur
East on Larpenteur to Snelling
South on Snelling to Hoyt
Pass on torch to City of St. Paul
Meeting was adjourned.
Respectfully submitted,
Carol Kriegler
PP
b )
MINUTES
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 5, 1990
Chairman Boche called the meeting to order at 7:30 P.M.
PRESENT
Barry, Boche, Carroll, Daykin, Finegan and Nestingen. Also present
was Council Liaison Ciernia and Planner Susan Hoyt Taff.
ABSENT
Duncan
Nestingen moved, seconded by .Finegan, to approve the January
8, 1990 Planning Commission Minutes as presented. Motion carried
unanimously.
STANDING RULES
Planning Commission members reviewed the standing rules used
by the City CounciJ_. Members agreed that meeting procedures
could be streamlined by adopting the standing rules. Finegan
suggested that staff adapt the standing rules for the Commission
use for review at to the next meeting for approval.
PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR
AN OFF-SALE LIQUOR STORE AT 1559 WEST LARPENTEUR AVENUE IN A
B-2 ZONE
Planner Susan Hoyt Taff reviewed background information regarding
the use of the property and site considerations. She explained
that Mr. James Kettner was requesting the conditional use permit
for a vacant space in the Bullseye Shopping Center on behalf
of its owner, ~1r. Dennis Hunt. She reported that the off-sale
liquor store parking fell within the parking variance for the
center adopted in May, 1989, and that traffic flow associated
with the store would not create problems.
Mr. James Kettner, the proposed tenant and proprietor, described
his experience in retail businesses including an off-sale liquor
store. He said that he and family members will assist him in
managing and financing the business. He expressed enthusiasm
for the location and associated uses in the shopping center.
He will be making minor alterations to the leased space by installing
office space/storage space and will be installing a walk-in cooler.
He anticipates employees will be parking on the west end of the
building. He plans to work closely with the police with regard
to checking ID's and enforcing the legal age requirements.
Mr. Kettner proposes to open April 1, 1990.
Don Grittner, 1718 Arona, asked Mr. Kettner if he had any affiliation
with a major liquor store. Mr. Kettner replied that he did not.
Mr. Grittner expressed concern regarding the crime element that
a liquor store could attract the neighborhood and asked if there
were ways to prevent robberies. Mr. Kettner said that he will
MINUTES
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 5, 1990
PAGE 2
have two employees on the premises, the liquor store has a lot
of glass facing busy streets, and the parking lot will be well
lit. He will also work closely with the police to prevent crime.
A double barred/bolted security door, motion sensor system and
one way mirror in the office area will be installed.
Boche closed the Public Hearing at 8:18 P.M.
Finegan moved approval of the conditional use request with the
following conditions:
1) Hours of operation will be Monday through Thursday
8:0o A.M. to 8:0o P.ra.
Friday and Saturday
8:00 A.M. to 10:00 P.M.
2) Meet all applicable city and state Codes.
3) Review the conditional use conditions in six months
following the opening of the business and yearly
thereafter.
The motion carried unanimously.
PROPOSED CHANGE OF MEETING DATE
The Planning Commission unanimously agreed to meet on the 4th
Monday of the month with the first meeting being February 26,
1990.
REQUEST FOR PROPOSALS FROM PLANNING CONSULTANTS TO ASSIST THE
CITY PLANNER AND THE PLANNING COMMISSION WITH REVISING THE COMPREHENSIVE
MUNICIPAL PLAN
Susan Hoyt Taff reported that she mailed out eight requests for
proposals to planning consultants for updating/revising the Comprehensive
Municipal Plan. These are due by 4:30 P.M. February 23, 1990.
She also advised that the Metropolitan Council approved the City's
request for an extension to submit amendments to its comprehensive
plan.
PROPOSAL BY ARK DEVELOPMENT FOR THE SITE NORTH OF CITY HALL
Planner Susan Hoyt Taff reviewed the Proposal by Ark Development
for the site north of City Hall for a 100 unit elderly moderate
rent housing for seniors. She also reviewed the location, zoning,
project cost and financing. The developers would need Community
Development Block Grant funds and additional city loans to carry
out the project. She will keep the Commission updated on future
developments.
MINUTES
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 5, 1990
PAGE 3
REPORT ON THE PLANS FOR THE PARK BUILDING FOR THE COMMUNITY PARK
Carol Kriegler reviewed plans for the construction of the park
building in the Community Park. She anticipates the Council
letting bids in February with construction to begin in April,
weather permitting.
Submitted by:
Katherine J. Zimmerman
Approved:
Donna Daykin, Secretary
MINUTES
Solid Waste Commission Meeting - ~
February 1, 1990
The meeting was called to order by Chairperson Thompson at 7:05 pm.
John Hustad Leo Klisch,
COMMISSION MEMBERS PRESENT: Michael Haglund,
Laura Kuettel, John Thompson, Lyle Wray and Shirley Chenoweth, Staff
Representative.
COMMISSION MEMBERS NOT PRESENT: Terry Iverson, Nancy Misra, and
Marty McCleery.
APPROVAL OF MINUTES: The minutes of the last meeting were approved with a
motion by Michael Haglund seconded by John Hustad.
APPROVAL OF AGENDA: The agenda for the meeting was approved by consensus.
SIZE OF SOLID WASTE COMMISSION: The size of the Solid Waste Commission is
presently at nine members. The commission voted unanimously to maintain the
present size.
TIMELINE FOR COMMISSION: The timeline submitted by Shirley Chenoweth will be
used as a guide for completing commission goals.
ORGANIZE RECYCLING COORDINATOR PARTY: The commission will schedule a
recognition party for blockworkers at the March meeting.
MULTI-HOUSING RECYCLING: The St. Paul Neighborhood Consortium is sponsoring a
seminar to promote recycling in multi-housing units. Michael Haglund will
draft a letter to owners of multi-housing units informing them of the
tentative plans the county has to mandate a recycling program if one is not
voluntarily implemented. He will also provide information regarding the
seminar. Shirley Chenoweth has a complete list of owners.
DRAFT SURVEY: The commission decided the focus of the survey is to inform
residents of organized collection and obtain their comments. Defining
organized collection will include the following information: the 1993
abatement goal and our present totals; collection of refuse and recyclables on
the same day; negotiation of lower costs for pickup; reduction of street usage
and air pollution; selection of hauler no longer a choice for residents; and
asking residents the name of their hauler.
NEWSLETTER: The newsletter will begin with recycling information and end with
the survey. Comments may be submitted to the blockworker or mailed to the
city.
A recycling newspaper: "The New 3 R's: Reduce, Reuse, Recycle" will be sent
to the principal of Falcon Heights School by Shirley Chenoweth.
Shirley Chenoweth reported that City Council member, Paul Ciernia, requested
the Solid Waste Commission draft a letter to the headquarters of the
Democratic and Republican parties urging the use of recycled paper and
printing on both sides. Marty McCleery will be asked to draft the letters.
The meeting was adjourned at 9:35pm.
Respectfully submitted,
Laura Kuettel, Secretary
Consent X
Y~ cy
Agenda Item: E-6
CITY OF lALCOI~ gEICHTS Meeting Date:2/14/90
YEQUEST FOR COUNCIL CONSIDERATION
ITII~i DESCRIPTION:
PROPOSED RESOLUTION R-90-6 PROCLAIMING THE WEEK OF
MARCH 4-11, 1990 AS VOLUNTEERS OF AMERICA WEEK IN FALCON
HEIGHTS
SUBMITTED BY: Tom Baldwin
RE9IEiiED BY: '
B~LANATION/SUl4SARY (attach additional sheets as necessary):
a) Request from Volunteers of America
b) Proposed Resolution
ACTIOr REQUESTED: Adoption of Resolution R-90-6
y
V O L U N T E E R S O F A M E R I C A
MINNESOTA
5905 Golden Valley Road • Minneapolis, MN 55422 (612)546-3242
January 25, 1990
The Honorable Tom Baldwin
Mayor of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113-5594
Dear Mayor Baldwin:
Volunteers of America, one of this nation's and Minnesota's
largest human service organizations, has been helping others for
nearly 94 years.
Volunteers of America Week is scheduled for March 4-11, which
commemorates its founding on March 8, 1896. I am asking you to
proclaim the week in our behalf.
Your personal proclamation will be encouraging to those in
the Falcon Heights community who receive care through our services.
Our dedicated staff and volunteers and the many people who help
support our work through their financial contributions will be
equally appreciative.
Your interest and support makes a significant difference in
the success of our organization. And, as you know, our success is
measured through the lives of those we touch.
I sincerely hope you will proclaim March
Volunteers of America Week in Falcon Heights
us in celebrating our 94th year of service.
Respectfully yours,
n.c a
ames E. Hogie, Jr.
resident
JEH/j 1
Enclosures
4-11, 1990 as
and ask that you join
P. S. Your proclamation will be duplicated along with other
proclamations and/or congratulatory letters to be put in
booklet form. A booklet commemorating our 94th birthday
will be placed in the reception area of each program.
No.
CITY OF FALCON HEIGHTS
C 0 LT N C I L R E S O L U T I O N
Date
A RESOLUTION PROCLAIMING THE WEEK OF MARCH 4-11, 1990
AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF FALCON HEIGHTS
WHEREAS, Volunteers of America has been serving the needs of America
for nearly a century, providing .over 400 programs in 240 communities across the
country, and
WHEREAS, the Volunteers of America has demonstrated an ability to
change and grow as our country, its needs, and the needs of the people change, and
WHEREAS, now, as in the past, the. Volunteers of America`s programs are
designed to respond to the concerns of individual communities, and take a holistic
approach to human care, and
WHEREAS, Volunteers of America`s continuing mission is to provide
material and spiritual assistance to people in need, regardless of race, creed
or color, and
WHEREAS, in Minnesota, the Volunteers of America provides services for
children and youth, adults and the elderly, offenders and ex-offenders, and the
community at large;
BE IT THEREFORE RESOLVED, by the City Council of the City of Falcon
Heights, that the week of March 4-11, 1990 be proclaimed Volunteers of America
Week in Falcon Heights.
Moved by
YEAS Nays
BALDWIN
CIERNIA
GEHRZ
WALLIN
in savor Attested by
Against
Aonroved by /
Mayor
Date
City Clerk
Date
Adopted by Council
Consent X
Policy
ITEr! DESCRIPTION:
SUBMITTID BY:
REDIEi~FED BY:
CITY OF FALCON gEICflTS
REQUEST YOR COUNCIL CONSIDERATION
INSURANCE COVERAGE
Tom Kelly
Jan Wiessner
Tom Gedde
E~LANATION/SLRQ4ARY (attach additional sheets as necessary):
Agenda Item: E-7
Iseting Date:2/14/90
The City currently has the statutory $600,000. The City can now purchase
excess liability in the amounts of $l, $3, or $5 million. (See attached
sheets). The 1989 cost was $20,124.00. The 1990 coverage without increased
coverage will be $21,926.00. The 1990 budget includes a $22,000.00 alloca-
tion for insurance. (An increase in coverage will require a budget adjust-
ment).
ATTACHMENTS:
A. Coverage Summary - Memo from Rothschild, Bell & Walseth, Inc.
B. Premium Summary
C. Quotation for additional coverage
D. LMCIT correspondence explaining excess coverage.
ACTIOr REQUESTED: Approve existing levels of coverage (leave the liability
coverage at $600,000). If Council wishes to discuss this,
the item can be moved to the Policy Agenda.
i ---
fi
B.
North Star
Risk Services, Inc.
Rachelle Fawcett
Rothschild Bell & Walseth, Inc.
P.O. Box 7128
St. Paul, MN 55107
Date: January 18, 1990
RE: City of Falcon Heights
Eff. Date: 1-1-90
RENEWAL PREMIUM SUMMARY AND BINDER
r~
u
PROPERTY
INLAND MARINE
GENERAL LIABILITY
ERRORS AND OMISSIONS
AUTOMOBILE LIABILIT''
UN/UIM
AUTOMOBILE PHYSICAL DAMAGE
CRIME
BONDS
INVERSE CONDEMNATION
MISC. EQUIP. ON AUTOS
TOTAL
1,797.
257.
12,722.
2,277.
2,250.
72.
561.
113.
289.
321.
1,267.
21,926.
REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICES!
CITY RECEIVED A DIVIDEND OF $9,144. IN 1988 AND A DIVIDEND OF $10,095.
IN 1989 FROM LMCIT.
Renewal coverage is bound up to 60 days pending issuance of renewal
based on L.M.C.I.T. forms and practices in effect on renewal date.
Sincerely,
3/88 1401 West 76th Street, Suite 550 ^ Minneapolis, Minnesota 55423 ^ (612) 861-8600 ^ FAX (612) 861-8643
C.
FROM:Ofh~C,~c~O~. ~C-~-~ ~ i~lk~ ~e~; .1ZnC .
J~ North Star Risk Services, Inc.
1401 West 76th Street, Suite 550
Minneapolis, Minnesota 55423
612) 861-8600 FAX (612) 861-8643
SUBJECT DATE
EXCESS LIABILITY QUOTATION FOR THE CiT-~-OF:c~~~!Q~'l ~j ~~ j 1 ~ ~' ~O
FOLD -
Dear j'
Liability Limit:
Annual Premium With Waiver of Immunity:
Annual Premium Without Waiver of Immunity:
Quotation Expires:
Follow Form
Special Exclusions:
Other Endorsements:
Remarks:
1,000,000 or $5,000,000
i ~r.
1~~~90
Underlying Coverage as Scheduled
Child Molestation
An election form .must
be completed, signed and returned
to us before the effective date
if coverage is desired.
x-~
DATE SIGNED (/
ROTHSCHILD, BELL & WALSETH, INC.
CITYF50 RF 01/24/90INSURANCEBROKERSANDCONSULTANTSW251WESTLAFAYETTEFRONTAGEROAD
POSroF~ICEeox712s POLICY: CMC 9817 90 CPKGSST. PAUL, MINNESOTA 55107-0128
s12) 221-0205 FAX (s12) 221-0921
v~ ``;; ~+`
i. A +
R~r***yt**flat**~k*trlt***ttrt**~t****rt**
x~ u * M E M 0
fr****atfrflatfrflatarat,tflflatatflfr,tatfrflflflarflat
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
Tom Kelly Re: 1/1/90 Renewal Quotes
A.
Attached you will find your renewal Quotation for the 1/1/90 to 1/1/91policyterm. Please review the quote and let >ne know if the policyshouldbeordered.
Also, enclosed is a quotation `f or an Umbrella Policy. Please look it
over and decide if you wish to have 'the policy issued. If coverage isdesired, the election form attached to'"the quote must be completed and
returned.
The following are the policy deductibles that will apply on the
renewal: Property Coverage- - - -- $10,@00
Contractors Equipment- - - - - - $500
Voting Machines- - - - - - - - - $250
General Liability- - - - - - - - $10,000
E & 0 Liability- - - - - - - - - $1,000
Automobile-- $250 Deductible Comprehensi~
Crime- - - - - - - - - - - - - - .$250
Miscellaneous Auto Equipment - - $250
deductible
deductible
deductible
deductible
deductible
ve/ $1,000 deductible collisio
deductible
deductible
Rachelle Fawcett 2/9
P,-
b ROTHSCHILD, BELL & WALSETH, INC.
INSURANCE BROKERS AND CONSULTANTS
251 WEST LAFAYETTE FRONTAGE ROAD
POST OFFICE BOX 7128
ST. PAUI, MINNESOTA 55107-0128
r ~ (612)221-0205 FAX (812)221-0921
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
Tom Kelly
CITYF50 RF 01/24/90
POLICY: CMC 9817 90 CPKG
t*********************
M E M 0 *
Re: 1/1/90 Renewal Quotes
A.
Attached you will find your renewal Quotation for the 1/1/90 to 1/1/91
policy term. Please review the quote and let me know if the policy
should be ordered.
Also, enclosed is a quotation for'an Umbrella Policy. Please look it
over and decide if you wish to have the policy issued. If coverage is
desired, the election form attached to"the quote must be completed and
returned.
The following are the policy deductibles that will apply on the
renewal: Property Coverage- - - -- $10,-000 deductible
Contractors Equipment- - - - - - 5500 deductible
Voting Machines- - - - - - - - - $250 deductible
General Liability- - - - - - - - $10,000 deductible
E & 0 Liability- - - - - - - - - 51,000 deductible
Automobile-- $250 Deductible Comprehensive/ $1,000 deductible collisio
Crime- - - - - - - - - - - - - - ;$250 deductible
Miscellaneous Auto Equipment - - $250 deductible
Rachelle Fawcett 2/9
r.
League of Minnesota. Cities
183 University Ave. East
St. Paul, MN 55101.2526
612) 227.5600 (FAX: 221.0986)
D.
December 1, 1989
To: LMCIT member cities
From: Peter Tritz
Re: New excess liability coverage options
The League of Minnesota Cities Insurance Trust now offers cities
two options in purchasing excess liability coverage:
LMCIT now makes it possible for cities to obtain excess
coverage without waiving the statutory liability limit of
600,000 per occurrence. Under this option, the higher
excess coverage limits would be available only for those
claims which are not covered by the statutory limits.
Alternately, cities may choose to waive the statutory
liability limits to the extent of the excess liability
coverage purchased. Under this option, the higher
coverage limits would be available for all claims,
including claims covered by the statutory liabilitylimits.
Cost
The city's premium for excess coverage will be 15~ lower if the
city chooses not to waive the statutory monetary liabilitylimits. In addition overall rate levels for excess coveragewillbesubstantiallybelowlastyear's levels.
Background
LMCIT's basic liability coverage provides limits of $600,000 peroccurrence. LMCIT also offers cities the option of an
additional $1 million, $3 million, or $5 million of liabilitycoveragelimits. Since the statutes provide that cities andcityofficialsandemployeescan't be held liable for amounts
over $600,000 per occurrence, city officials often ask why itwouldevermakesensetobuycoveragelimitshigherthan600,000. There are four basic kinds of reasons why a citymightchoosetobuylimitsofcoveragegreaterthanthe
statutory liability limits.
First, the city is exposed to some kinds of liability to which
the statutory limits either don't or might not apply. Some
possible examples are
liability under the federal civil rights acts ,
certain types of liability that the city has assumed
contractually, in an indemnification agreement for example
liability for actions in another state; e.g. by a city
official attending a conference, or under a mutual aid
agreement with a political subdivision across the border
liability for a zoning action under an "inverse
condemnation" theory of law
Second, the city may. buy higher limits because the underlying
coverage might not cover the full extent of the city's exposure
within the statutory liability limits in all cases. LMCIT
applies a $600,000 aggregate limit to the sproducts liability",
the "limited pollutions, and the optional "inverse condemnations
coverages. This is an additional limit, besides the $600,000
per occurrence limit that applies to all liability coverage.
The annual limit is the maximum amount the policy will pay for
this kind of liability, regardless of the number of occurrences.
Thus, if part of .the annual limit is used up in one occurrence,
there may not. be adequate coverage limits available if there is
a second loss of that type. Excess coverage can help protect •
against this risk.
Annual aggregate limits are very common. in conventional
commercial liability policies. Often the aggregate limit
applies to all liability, rather than being restricted to only
certain coverages as LMCIT's is. A similar problem can occur in
policies where defense costs are subject to the policy limit;
with that type of policy and a $600,000 per occurrence limit, if
you spend $50,000 on defense you wouldn't have enough limits to
cover the city's full exposure under the statute. LMCIT does
not apply a limit to defense costs.)
Third, the city may feel that the statutory limits aren't high
enough to provide. adequate compensation for very serious
injuries, or for multiple parties. That is, the city might in
effect say sWe want to have at least a million dollars (or three
million or five million, etc.) of coverage available, so that if
we injure someone he won't go uncompensated if his injuries
really do exceed the statutory limits.s
Finally, the city .might be concerned whether the statutory
liability limits will stand up in court. The statutory
liability limits have been upheld in two recent Minnesota
Supreme Court cases, so this is now less of a concern. However,
it is always difficult to predict the future course of court
decisions. •
First, the city is exposed to some kinds of liability to which
the statutory limits either don't or might not apply. Some
possible examples are
liability. under the federal civil rights acts
certain types of liability that the city has assumed
contractually, in an indemnification agreement for example
liability for actions in another state; e.g. by a city
official attendiizg a conference, or under a mutual aid
agreement with a political subdivision across the border
liability for a zoning action under an "inverse
condemnation" theory of law
Second, the city may buy higher limits because the underlying
coverage might not cover the full extent of the city's exposurewithinthestatutoryliabilitylimitsinallcases. LMCIT
applies a $600,000 aggregate limit to the "products liability",the "limited pollution", and the optional "inverse condemnation"
coverages. This is an additional limit, besides the $600,000
per occurrence limit that applies to all liability coverage.The annual limit is the maximum amount the policy will pay for
this kind of liability, regardless of the number of occurrences.
Thus, if part of the annual limit is used up in one occurrence,
there may not be adequate coverage limits available if there is
a second loss of that type. Excess coverage can help protectagainstthisrisk.
Annual aggregate limits are very common in conventional
commercial liability policies. Often the aggregate limit
applies to all liability, rather than being restricted to onlycertaincoveragesasLMCIT's is. A similar problem can occur in
policies where defense costs are subject to the policy limit;with that type of policy and a $600,000 per occurrence limit, if
you spend $50,000 on defense you wouldn't have enough limits to
cover the city's full exposure under the statute. LMCIT does
not apply a limit to defense costs.)
Third, the city may feel that the statutory limits aren't highenoughtoprovide. adequate compensation for very serious
injuries, or for multiple parties. That is, the city might in
effect say "We want to have at least a million dollars (or threemillionorfivemillion, etc.) of coverage available, so that if
we injure someone he won't go uncompensated if his injuriesreallydoexceedthestatutorylimits."
Finally, the city might be concerned whether the statutoryliabilitylimitswillstandupincourt. The statutoryliabilitylimitshavebeenupheldintworecentMinnesota
Supreme Court cases, so this is now less of a concern. However,it is always difficult to predict the future course of courtdecisions.
S 1 `J
Thus, cities faced a dilemma: The city either had to buy.
coverage limits equal to the statutory limits and bear the risk
of a larger claim that the statutory limits don't cover; or the
city could buy additional protection against .those claims, but.
by doing so expose itself to greater liability in the .areas
where the statutory limits do apply, thereby losing the benefit
of-those limits.
LMCIT's new approach to excess coverage eliminates that dilemma.
It is now possible for the city, if it wishes, to buy higherlimitsofcoveragewherethatprotectionmaybeneeded, without
automatically waiving the statutory liability limits and losingtheirprotectionwherethoselimitsapply.
What must the city do?
All LMCIT quotes
both options. T]
statutory limits
city council. A
with each quote.
LMCIT.
for excess coverage will show the premiums for
7e decision to waive or not to waive the
must be made by motion or resolution of the
form to show the council's choice is enclosed
That form must be completed and returned to
If the city indicates that it wishes to waive the liabilitylimits, LMCIT will issue a special endorsement as part of the
coverage document showing that the statutory liability limits
are waived to the extent of the coverage purchased.
n
r
LMCIT EXCESS LIABILITY COVERAGE
Cities obtaining excess coverage from the League of Minnesota
Cities Insurance Trust must decide whether or not to waive the
statutory liability limits to the. extent of the excess coverage
purchased. This decision ,~st be made bv~,h~ city council
CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS
FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE.
For further information, refer to the accompanying memo. City
officials may also want to discuss these issues with the city
attorney.
The City of
limits of $
Insurance Trust.
Check one:
accepts excess liability coverage
from the League of Minnesota Cities
The city DOES NOT WAIVE the monetary limits on tort
liability established by Minnesota Statutes 466.04.
OR -
The city WAIVES the monetary limits on tort liability
established. by Minnesota Statutes 466.04, to the extent of the
limits of the excess liability coverage obtained from the LeagueofMinnesotaCitiesInsuranceTrust.
Date of city council meeting:
Signature:
Position:
r ~~a1
Conse-t x
Yolis ;+
ITE*i DESCRIPTION:
SUBMITTID BY:
REVIEWED BY:
I ~
Agenda I~em:E~
CITY OF FALCON HEIGATS ?Sceting Date: 2/14/90
REQUEST FOR COUNCIL CONSIDERATION
LICENSES
Katherine J. Zimmerman
Shirley Chenoweth
PLANATION/SLM*4ARY (attach additional sheets as necessary):
See attached License list. ,
ACTION REQUESTED:
Approval.
Consent Agenda
February 14, 1990
r -rnc~rTC~e
Trash Haulers
Wiley's Removal #498
Keith Kruppenny & Son Disposal Service
General Contractors
Kyle Homes, Inc. #492
T.A. Schifsky & Sons, Inc. #490
Eden Construction #496
Vending
499
Theisen Vending Co. (sell cigarettes at Hewlett Packard) #402
Business
Carroll, Franck & Associates #491
Crown Healthcare Services #497
Tom Thumb #494 (grocery store, off sale malt liquor & cigarette)
Image Premastering Services, Ltd. #495
Mechanical
J and J Heating and Sheet Metal, Inc. #493
NEW
Consent
Policy x
r~
J
CITY OF lALCON SEICflTS
YEQUEST !OR COUNCIL CONSIDERATION
Agenda Item: F 1
Mseting Date:2/14/90
ITEM DESCRIPTION:
ORDER IMPROVEMENT OF HAMLINE AVENUE FROM LARPENTEUR
TO ROSELAWN
SUBMITTED BY: Terry Maurer
REVIEI~ED BY: 'Jan Wiessner
PLANATION/SUl4~lARY (attach additional sheets as necessary):
Attachments:
1. 1/29/90 Maurer correspondence
2. Proposed Resolution
NOTE: This formal action is necessary prior to the sale of bonds for the
project.
ACTIOr REQUESTED: Adopt Resolution
n
U
7
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
January 29, 1990
File No: 330-016-10
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 Larpenteur Avenue West
alC~~f, iclgiltS, i•iir S~li3
RE: HAM LINE AVENUE PROJECT
Dear Ms. Wiessner:
On Friday, I had a conversation with Mr. Steve Apfelbacker of Ehlers and
Associates, regarding the Hamline Avenue project. Our conversation
concerned whether or not the City had ordered the improvement which is a
necessary step to sell bonds. Ordering the improvement usually occurs at
the time the preparation of plans occurs. Since this is a County project
and the City did not authorize preparation of plans, the project has not yet
been ordered by the City Council.
It would be appropriate for the City Council to order the improvement at
this time. Therefore, I have prepared the attached resolution for the City
Council's consideration.
If you have any questions regarding this, please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
r~ ~~
Terry Maurer, P.E.
TJM/km
enc.
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
RESOLUTION ~-90-7
A RESOLUTION OF THE CITY OF FALCON HEIGHTS
RESOLUTION ORDERING IMPROVEMENT
WHEREAS, a resolution of the City Council adopted 26th ,
day of July 1989, fixed a date for the Council hearing on the
proposed improvement of Hamline Avenue from the north line of Larpenteur
Avenue to the south line of Roselawn Avenue by reconstruction of the
existing street;
AND WHEREAS, ten days' mailed notice and two weeks' published notice of
the hearing was given, and the hearing was held thereon on the thirteenth
day of September, 1989, at which all persons desiring to be heard were given
an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FALCON HEIGHTS,
MINNESOTA:
1. Such improvement is hereby ordered as proposed in the Council
resolution adopted 26th day of July 1989,
which approved the Ramsey County feasibility study for the Hamline Avenue
project.
Adopted by the Council this
February 1990.
14th day of
Shirley G. Chenoweth, City Clerk
Thomas Baldwin, Mayor
Consent__
P~ cy=
Agenda Item: F- 2
CITY OF lALCON SEICHTS Meeting Date: 2/14/90
jtEQUEST !OR COUNCIL CONSIDERATION
ITEK DESCRIPTION:
AUTHORIZE THE ISSUANCE OF $335,000 GENERAL OBLIGATION CAPITAL
NOTES TO FINANCE THE PURCHASE OF PUBLIC SAFETY EQUIPMENT, ROAD
CONSTRUCTION OR MAINTENANCE EQUIPMENT AND OTHER CAPITAL EQUIPMENT.
SUBMITTED BY: Jerry Gilligan, Bond Approving Attorney
Dorsey, Whitney, Mpls.
REVIEFFED BY: Steve Apfelbacher, Ehlers and Associates
Jan Wiessner
I,ANATION/SLTI4SARY (attach additional sheets as necessary)
Attachments:
1. Resolution authorizing issuance of notes.
2. Official statement prepared by Steve Apfelbacher, Ehlers and Associates.
The bid opening is scheduled to occur at 12:30 P.M. on the day of the
Council Meeting.
ACTIOT RgQtTESTED: Adopt Resolution.
i•
CERTIFICATION OF MINUTES RELATING TO
335,000 GENERAL OBLIGATION CAPITAL NOTES OF 1990
Issuer: City of Falcon Heights, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting
held on February 14, 1990, at 7:00 o'clock P.M.,
at the City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting including (pages) 1 through 15:
RESOLUTION N0.
RESOLUTION RELATING TO $335,000 GENERAL OBLIGATION
CAPITAL NOTES OF 1990; AWARDING THE SALE, FIXING
THE FORM AND DETAILS, AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND LEVYING AD
VALOREM TAXES FOR THE PAYMENT THEREOF
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of the
corporation in my legal custody, from which they have been
transcribed; that the documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
the corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at the meeting, insofar as they
relate to the obligations; and that the meeting was duly held
by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice given as required by law.
WITNESS my hand officially as such recording officer
this day of February, 1990.
Signature
Shirley G. Chenoweth, City Clerk
Name and Title
The City Clerk presented affidavits showing
publication in a legal newspaper having a general circulation
in the City and in a daily or weekly periodical published in a
Minnesota city of the first class, which circulates throughout
the state and furnishes financial news as a part of its
service, of notice of sale of $335,000 General Obligation
Capital Notes of 1990, of the City, for which bids were to be
considered at this meeting in accordance with a resolution
adopted by the City Council on January 10, 1990. The
affidavits were examined, found to comply with the provisions
of Minnesota Statutes, Chapter 475, and were approved and
ordered placed on file in the office of the City Clerk.
It was reported that sealed bids for the
purchase of said Bonds had been received from the following
institutions at or before the time stated in the notice, and
the bids were then publicly read and considered, and were all
found to conform to the notice of sale and the terms and
conditions of sale and to be accompanied by the required
security, and the purchase price, interest rates and net
interest cost under the terms of each bid were found to be as
follows:
Interest
Bi r Purchase Price Rates Net Interest Cost
C~
Councilmember then introduced the
following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO $335,000 GENERAL OBLIGATION
CAPITAL NOTES OF 1990; AWARDING THE SALE, FIXING
THE FORM AND DETAILS, AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND LEVYING AD
VALOREM TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City Council (the Council) of
the City of Falcon Heights, Minnesota (the City), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council has heretofore
determined that it is necessary and expedient for the City to
issue and sell its General Obligation Capital Notes of 1990 in
the principal amount of $335,000, $4,185 of such amount
representing interest as provided in Minnesota Statutes,
Section 475.56, to finance the purchase of public safety
equipment, road construction or maintenance equipment and other
capital equipment having at least a 4-year useful life pursuant
to Minnesota Statutes, Section 412.301. The obligations shall
be general obligation negotiable securities denominated General
Obligation Capital Notes of 1990, issued in the aggregate
principal amount of $335,000 (the Notes). The principal amount
of the Notes does not exceed 0.25 percent of the market value
of tazable property in the City.
1.02. Sale. Notice
duly published and the Council
and considered all sealed bids
notice. The most favorable of
that of
and
of sale of the
has publicly
presented in
such bids is
of _
associates (the Purchaser), to
purchase the Notes at a price of $ plus accrued
interest on all Notes to the day of delivery and payment, and
upon the further terms and conditions set forth in this
resolution. It is hereby found and determined that said bid is
reasonable and advantageous to the City, and the sale~of the
Notes is hereby awarded to said bidder.
1.03. Contract for Sale. The Mayor and City Clerk
are authorized and directed to endorse an acceptance of both
copies of the bid and to send one copy to the bidder. The City
Clerk is directed to retain the good faith check of said bidder
pending delivery of the Notes and payment therefor, and the
Notes has been
received, opened
conformity with the
ascertained to be
good faith checks of the other bidders shall be returned to
them forthwith.
1.04. Issuance of Notes. All acts, conditions and
things which are required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Notes
having been done, existing, having happened and having been
performed, it is now necessary for this Council to establish
the form and terms of the Notes, to provide security therefor
and to issue the Notes forthwith.
Section 2. Form of Notes. The Notes shall be
prepared in substantially the following form:
2-
Face of the Notes]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
GENERAL OBLIGATION CAPITAL NOTE OF 1990
Ra a Maturity
February 1, 1990
REGISTERED OWNER:
PRINCIPAL AMOUNT:
Date of
Original Issue CUSIP
SEE REVERSE FOR
CERTAIN DEFINITIONS
DOLLARS
THE CITY OF FALCON HEIGHTS, Ramsey County, Minnesota
the City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, the principal amount specified above, on the maturity
date specified above, with interest thereon from the date of
original issue specified above, or the most recent interest
payment date to which interest has been paid or duly provided
for, at the annual rate specified above. Interest hereon is
payable on February 1 and August 1 in each year, commencing
August 1, 1990, to the person in whose name this Note is
registered at the close of business on the 15th day (whether or
not a business day) of the immediately preceding month. The
interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United
States of America by check or draft of American National Bank
and Trust Company, in St. Paul, Minnesota, as Note Registrar,
Transfer Agent and Paying Agent (the Note Registrar), or its
successor designated under the Resolution described herein.
Additional provisions of this Note are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
3-
This Note shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Note Registrar by manual signature of
a person authorized to sign on its behalf.
IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey
County, State of Minnesota, by its City Council, has caused
this Note to be executed by the facsimile signatures of the
Mayor and the City Clerk and by a printed facsimile of the
official seal of the City and has caused this Note to be dated
as of the date set forth below.
Date of Authentication:
Facsimile Signature) (Facsimile Signature)
City Clerk Mayor
Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Notes delivered pursuant to the
Resolution mentioned within.
AMERICAN NATIONAL BANK AND TRUST
COMPANY, as Note Registrar
By,
Authorized Representative
Reverse of the Notes]
This Note is one of an issue in the aggregate
principal amount of $335,000 (the Notes), issued pursuant to a
resolution adopted by the City Council on February 14, 1990
the Resolution) to finance the purchase of public safety
equipment, road construction or maintenance equipment and other
capital equipment by the City, and is issued pursuant to and in
full conformity with the provisions of the Constitution and
laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Section 412.301 and Chapter 475. For the
4-
full and prompt payment of the principal and interest on the
Notes as the same become due, the full faith, credit and taxing
power of the City have been and are irrevocably pledged. ,The
Notes are issuable only as fully registered certificates, in
denominations of $5,000 or any multiple thereof, of single
maturities. The Notes are payable on their respective stated
maturity dates without option of prior payment.
The Notes have been designated by the City as
qualified tax-exempt obligations" pursuant to Section 265(b)
of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain
limitations set forth therein, this Note is transferable upon
the books of the City at the principal office of the Note
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Note Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Notes
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Note or Notes to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Note Registrar may deem and treat the
person in whose name this Note is registered as the absolute
owner hereof, whether this Note is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Note Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Note in order to make it a valid and binding
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in
regular and due form as so required; that prior to the issuance
hereof, the City has levied ad valorem taxes upon all taxable
property within the City collectible in the years and amounts
required to produce sums not less than five percent in excess
of the principal of and interest on the Notes as such principal
and interest respectively become due, and has appropriated the
same to the sinking fund in the manner specified in Minnesota
Statutes, Section 475.61; that, in the event of any accumulated
5-
Notes. The Registrar shall transfer the remaining Note
proceeds to or at the direction of the City.
Mayor
Attest:
City Clerk
The motion for the adoption of the foregoing
resolution was duly seconded by Councilmember
and upon vote being taken thereon, the following voted in favor
thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
and was signed by the Mayor, whose signature was attested by
the City Clerk.
15-
1.103-14 and 1.103-15 of the Regulations, stating the facts,
estimates and circumstances in existence on the date of issue
and delivery of the Notes which make it reasonable to expect
that the proceeds of the Notes will not be used in a manner
that would cause the Notes to be arbitrage bonds within the
meaning of the Code and Regulations.
C
Section 6. Official Statement. The Official
Statement relating to the Notes, dated February 6, 1990,
prepared and distributed on behalf of the City by Ehlers and
Associates, Inc. is hereby approved. The officers of the City
are hereby authorized and directed to execute such certificates
as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Section 7. Authorization of Receigt of Note Proceeds
and Payment of Certain Costs of Issuance of the Note. The
Registrar is hereby authorized and directed, on the date of
issuance and delivery of the Notes, to receive the Note
proceeds and to pay from such proceeds the fees and expenses of
the following persons in the following .amounts incurred in
connection with the issuance of the Notes upon receipt by the
Registrar of a statement therefor:
Payee
Service
Performed Amount
Ehlers and Associates, Inc.
Minneapolis, Minnesota
Moody's Investors
Service, Inc.
New York, New York
Financial
Consultant
Rating of Bonds
American National Bank
and Trust Company
Saint Paul, Minnesota
Registrar and
Paying Agent
The claims of the above persons in the amounts set forth
opposite the names of such persons are hereby approved and no
further action of this Council shall be necessary in connection
with the payment of such fees and expenses of issuance of the
14-
5.03. Taz Covenant. The City covenants and agrees
with the holders from time to time of the Notes that it will
not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest
on the Notes to become subject to tazation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury
Regulations promulgated thereunder (the Regulations), and
covenants to take any and all actions within its powers to
ensure that the interest on the Notes will not become subject
to tazation under the Code and the Regulations.
5.04 Exemption from Rebate Requirement. For purposes
of complying with the requirements of Section 148(f)(4)(C) of
the Code relating to the exemption of certain small
governmental units from the rebate requirements of the Code,
the City represents that:
i) the City is a governmental unit with general taxing
powers;
ii) the Notes are not "private activity bonds" as
defined in Section 141 of the Code (Private
Activity Bonds);
iii) ninety-five percent of the net proceeds of the
Notes are to be used for the local governmental
purposes of the City; and -
iv) the aggregate face amount of all tax exempt bonds
other than Private Activity Bonds) issued by the
City in 1990 is not reasonably expected to exceed
5,000,000.
Section 5.05. Interest Disallowance. The City hereby
designates the Bonds as "qualified tax-exempt obligations" for
purpose of Section 265(b) of the Code relating to the
disallowance of interest expenses for financial institutions.
The City represents that in calendar year 1990 it does not
reasonably expect to issue tax-exempt obligations which are not
private activity bonds (not treating qualified 501(c)(3) bonds
under Section 145 of the Code as private activity bonds for
purposes of this representation) in an amount in excess of
10,000,000.
5.06. Arbitrage Certification. The Mayor and City
Clerk, being the officers of the City charged with the
responsibility for issuing the Notes pursuant to this
resolution, are authorized and directed to execute and deliver
to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1.103-13,
13-
Levy Collection
Year Year Amount
1990 1991 $
1991 1992
1992 1993
The foregoing tax levies are such that if collected in full
they will produce amounts at least 5% in excess of the sums
needed to pay when due the principal of and interest on the
Notes. Said tax shall be irrepealable as long as any of the
Notes are outstanding and unpaid; provided, that the City
reserves the right and power to reduce the levies in the manner
and to the extent permitted by Minnesota Statutes, Section
475.61. If the money on hand in the Sinking Fund should at any
time be insufficient to pay principal and interest due on the
Notes, such amounts shall be paid from any other fund of the
City and such other fund shall be reimbursed from the proceeds
of all taxes levied pursuant to this resolution and all other
moneys received for or appropriated to the payment of the Notes
and interest thereon.
Section 5. County Auditor, Certification of
Proceedings, Investment of Moneys and Arbitrage.
5.01. County Auditor Registration. The City Clerk is
hereby authorized and directed to file a certified copy of this
resolution with the County Auditor of Ramsey County, together
with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate
that the Notes have been entered on his bond register and the
taxes described in Section 4.02 hereof have been levied as
required by law.
5.02. Certification of Proceedings. The officers of
the City and the County Auditor of Ramsey County are hereby
authorized and directed to prepare and furnish to the purchaser
of the Notes and to Dorsey & Whitney, Bond Counsel, certified
copies of all proceedings and records of the City, and such
other affidavits, certificates and information as may be
required to show the facts relating to the legality and
marketability of the Notes as the same appear from the books
and records under their custody and control or as otherwise
known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
12-
representative of the Registrar. Notes of authentication on
different Notes need not be signed by the same representative.
The executed certificate of authentication on each Note shall
be conclusive evidence that it has been authenticated and
delivered under this resolution. When the Notes have been so
executed and authenticated, they shall be delivered by the City
Clerk to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and
executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
Section 4. ~P~»ri~y Provisions.
4.01. Sinking Fund. So long as any of the Notes are
outstanding and any principal thereof or interest thereon
unpaid, the City Clerk shall maintain a separate and special
bookkeeping account designated as the "1990 Capital Notes
Sinking Fund" (the Sinking Fund) to be used for no purpose
other than the payment of the principal of and interest on the
Notes and on such other capital notes of the City as have been
or may be directed to be paid therefrom. The City irrevocably
appropriates to the Sinking Fund (a) any taxes levied in
accordance with this resolution, and (b) such other moneys as
shall be received and appropriated to the Sinking Fund from
time to time. If the balance in tie Sinking Fund is at any
time insufficient to pay all intere t and principal then due on
all bonds payable therefrom, the pa ent shall be made from any
fund of the City which is available for that purpose, subject
to reimbursement from the Sinking F~nd when the balance therein
is sufficient.
4.02. Full Faith and Credit. For the prompt and full
payment of the principal of and interest on the Notes as the
same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably
pledged. To provide money to pay the interest coming due on
the Notes on August 1, 1990 and February 1, 1991, and the
principal coming due on the Notes on February 1, 1991, the City
in 1989 levied upon all taxable property in the City, a direct,
general, ad valorem tax in the amount of $ collectible
in 1990. To provide moneys for the payment of principal and
interest on the Notes coming due after February 1, 1991, there
is hereby levied upon all of the taxable property in the City,
a direct, general, ad valorem tax which shall be spread upon
the tax rolls collectible in the years and in the amounts as
follows, together with and as a part of other general taxes of
the City:
11-
destroyed Note has already matured or been called for
redemption in accordance with its terms, it shall not be
necessary to issue a new Note prior to payment.
i) Authenticating Agent. The Registrar is hereby
designated the authenticating agent for the Notes, within
the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. Appointment of Initial Registrar. The City
hereby appoints American National Bank and Trust Comnpany, as
the initial Registrar. The Mayor and the City Clerk are
authorized to execute and deliver, on behalf of the City, a
contract with American National Bank and Trust Company, as
Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar.
The City agrees to pay the reasonable and customary charges of
the Registrar for the services performed. The City reserves
the right to remove any Registrar upon thirty (30) days' notice
and upon the appointment of a successor Registrar, in which
event the predecessor Registrar shall deliver all cash and
Notes in its possession to the successor Registrar and shall
deliver the bond register to the successor Registrar. On or
before each principal or interest due date, without further
order of this Council, the City Clerk shall transmit to the
Registrar, from the Sinking Fund described in Section 4.01
hereof, moneys sufficient for the payment of all principal and
interest then due.
3.05. Redemption. The Notes are not subject to
redemption prior to maturity.
3.06. Preparation and Delivery. The Notes shall be
prepared under the direction of the City Clerk and shall be
executed on behalf of the City by the signatures of the Mayor
and the City Clerk, and shall be sealed with the official
corporate seal of the City; provided that said signatures and
the corporate seal may be printed, engraved, or lithographed
facsimiles thereof. In case any officer whose signature, or a
facsimile of whose signature, shall appear on the Notes shall
cease to be such officer before the delivery of any Note, such
signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until delivery. Notwithstanding such
execution, no Note shall be valid or obligatory for any purpose
or entitled to any security or benefit under this resolution
unless and until a certificate of authentication on such Note
has been duly executed by the manual signature of an authorized
10-
d) Cancellation. All Notes surrendered upon any
transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
e) Improver or Unauthorized Transfer. When any Note
is presented to the Registrar for transfer, the Registrar
may refuse to transfer the same until it is satisfied that
the endorsement on such Note or separate instrument of
transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make
transfers which it, in its judgment, deems improper or
unauthorized.
f) Persons Deemed Owners. The City and the
Registrar may treat the person in whose name any Note is at
any time registered in the bond register as the absolute
owner of such Note, whether such Note shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on such Note and for all
other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
City upon such Note to the extent of the sum or sums so
paid.
g) Taxes, Fees and Charges. For every transfer or
exchange of Notes, the Registrar may impose a charge upon
the owner thereof sufficient to reimburse the Registrar for
any tag, fee or other governmental charge required to be
paid with respect to such transfer or exchange.
h) Mutilated, Lost, Stolen or Destroyed Notes In
case any Note shall become mutilated or be lost, stolen or
destroyed, the Registrar shall deliver a new Note of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such
mutilated Note or in lieu of and in substitution for any
such Note lost, stolen or destroyed, upon the payment of
the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Note lost,
stolen or destroyed, upon filing with the Registrar of
evidence satisfactory to it that such Note was lost, stolen
or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it,
in which both the City and the Registrar shall be named as
obligees. All Notes so surrendered to the Registrar shall
be cancelled by it and evidence of such cancellation shall
be given to the City. If the mutilated, lost, stolen or
9-
The Notes shall be issuable only in fully registered
form of single maturities. The interest thereon and, upon
surrender of each Note at the principal office of the Registrar
described herein, the principal amount thereof, shall be
payable by check or draft issued by the Registrar. Each Note
shall be dated by the Registrar as of the date of authentication
3.02. Interest PaYt
shall be payable on February
commencing August 1, 1990 to
of record as of the close of
the immediately preceding mo:
business day.
Went Dates. Interest on the Notes
1 and August 1 in each year,
the owners thereof as such appear
business on the fifteenth day of
nth, whether or not such day is a
3.03. Registration. The City shall appoint, and
shall maintain, a bond registrar, transfer agent and paying
agent (the Registrar). The effect of registration and the
rights and duties of the City and the Registrar with respect
thereto shall be as follows:
a) Req_ister. The Registrar shall keep at its
principal corporate trust office a bond register in which
the Registrar shall provide for the registration of
ownership of Notes and the registration of transfers and
exchanges of Notes entitled to be registered, transferred
or exchanged.
b) Transfer of Notes. Upon surrender to the
Registrar for transfer of any Note duly endorsed by the
registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the
Registrar, duly executed by the registered owner thereof or
by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one
or more new Notes of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding
each interest payment date and until such interest payment
date.
c) Exchange of Notes. Whenever any Note is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
Notes of a like aggregate .principal amount and maturity, as
requested by the registered owner or the owner's attorney
duly authorized in writing.
a
T
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto
the within Note and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Note on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within Note in
every particular, without
alteration or enlargement or any
change whatsoever.
Signature(s) must be guaranteed by a commercial bank
or trust company or by a brokerage firm having a membership in
one of the major stock exchanges.
Section 3. Terms. Execution and Delivery.
3.01. Maturities, Interest Rates. Denominations,
Payment. Dating of Notes. The City shall forthwith issue and
deliver the Notes, which shall be denominated "General
Obligation Capital Notes of 1990" and shall be payable
primarily from the Sinking Fund created in Section 4.01
hereof. The Notes shall be dated initially as of February 1,
1990, shall be issuable in the denomination of $5,000 each or
any integral multiple thereof, shall mature on February 1 in
the years and amounts set forth below, and Notes maturing in
such years and amounts shall bear interest from date of issue
until paid at the rates per annum shown opposite such years and
amounts as follows:
Year
1991
1992
1993
1994
C7
Amount
75,000
85,000
85,000
90,000
7-
Rate
or anticipated deficiency in the sinking fund, additional ad
valorem tales are required by law to be levied upon all taxable
property in the City without limitation as to rate or amount;
and that the issuance of this Note does not cause the
indebtedness of the City to exceed any constitutional or
statutory limitation.
A copy of the opinion of Bond Counsel shall be
printed on the Notes, below which the following certificate
shall appear.]
We certify that the above is a full, true and correct
copy of the legal opinion rendered by Bond Counsel on the issue
of Notes of the City of Falcon Heights, Minnesota, which
includes the within Note, dated as of the date of delivery of
and payment for the Notes.
Facsimile Signature)
City Clerk
Facsimile Signature)
Mayor
The following abbreviations, when used in the
inscription on the face of this Note, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF TRANS MIN ACT.....Custodian.....
in common (Gust) (Minor)
TEN ENT -- as tenants
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
under Uniform Transfers
to Minors
ACt....... ... ........
State)
Additional abbreviations may also be used.
6-
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF FALCON HEIGHTS, MINNESOTA
I, the undersigned, being the duly qualified and
acting County Auditor of Ramsey County, Minnesota, hereby
certify that there has been filed in my office a certified copy
of a resolution of the City Council of the City of Falcon
Heights, in said County, adopted February 14, 1990, awarding
the sale, fining the form and details and providing for the
execution, delivery and security of $335,000 General Obligation
Capital Notes of 1990, of the City, to be dated, as originally
issued, as of February 1, 1990, and levying taxes for the
payment of principal of and interest on said Notes.
I further certify that said Notes have been entered on
my bond register and that the tax required by law for payment
of said Notes has been levied and filed as required by
Minnesota Statutes, Section 475.61 to 475.63.
WITNESS my hand and official seal this day of
1990.
County Auditor
SEAL)
2815F
Consent
Yolicy_ X CI?Y OF IALCOh SEICHTS
tEQUEST POR COUNCIL CONSIDERATION
Agenda Item: F-3
Meeting Date:2 14 90
CERTIFICATION OF MINUTES RELATING TO
115,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990
Issuer: City of Falcon Heights, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting
held on February 14, 1990, at 7:00 o'clock P.M., at the
City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION RELATING TO $115,000 GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1990; AWARDING THE SALE,
FIXING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY
THEREFOR AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of the
corporation in my legal custody, from which they have been
transcribed; that the documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
the corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at the meeting, insofar as they
relate to the obligations; and that the meeting was duly held
by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice given as required by law.
WITNESS my hand officially as such recording officer
this day of February, 1990.
Shirley G. Chenoweth, City Clerk
The City Clerk presented affidavits showing
publication in a legal newspaper having general circulation in
the City, and in a daily or weekly periodical published in a
Minnesota city of the first class, which circulates throughout
the state and furnishes financial news as a part of its
service, of the notice of sale of $115,000 General Obligation
Improvement Bonds of 1990 of the City, bids for which are to be
considered at this meeting in accordance with a resolution
adopted by the City Council on January 10, 1990. The
affidavits were examined and approved and ordered placed on
file in the office of the City Clerk.
It was reported that sealed bids for the
purchase of said Bonds had been received from the following
institutions at or before the time stated in the notice, and
the bids were then publicly read and considered, and were all
found to conform to the notice of sale and the terms and
conditions of sale and to be accompanied by the required
security, and the purchase price, interest rates and net
interest cost under the terms of each bid were found to be as
follows:
Bi d r Purchase Price Interest Rates Net Interest Cost
r1
LJ
Councilmember then introduced the
following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO $115,000 GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1990; AWARDING THE SALE,
FIXING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY
THEREFOR AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of
Falcon Heights, Minnesota (the City), as follows:
Section 1. Recitals. Authorization and Sale of Bonds.
1.01. Authorization. This Council has heretofore
ordered a local improvement project (the Improvement), to be
constructed within the City under and pursuant to Minnesota
Statutes, Chapter 429. The present estimated total cost of the
Improvement is as follows:
Project Costs ...................... $103,042
Costs of Issuance ...::::::::::::::: 5,800
Discount Allowance.. 1,725
Capitalized Interest ............... 7,300
Subtotal ..... ................ $117,867
Less Interest Earnings ............. -2,867
Total ......................... $115,000
This Council hereby determines to issue and sell $115,000
principal amount of General Obligation Improvement Bonds of
1990, of the City (the Bonds) to defray the expense incurred
and estimated to be incurred by the City in making the
Improvement, including every item of cost of the kinds
authorized in Minnesota Statutes, Section 475.65, and $1,725
representing interest as provided in Minnesota Statutes,
Section 475.56.
1.02. Sale of Bonds. Notice of the sale of the Bonds
was duly published as required by Minnesota Statutes, Section
475.60. Pursuant to the Notice of Bond Sale and the Terms and
Conditions of Sale, sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt
of bids. The bids have been opened and publicly read and
considered, and the purchase price, interest rates and net
interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of
of ,
the Purchaser), to purchase the Bonds at a price of
the Bonds to bear interest at the rates set
forth in Section 3.01 hereof. The proposal is hereby accepted,
and the Mayor and the City Clerk are hereby authorized and
directed to execute a contract on the part of the City for the
sale of the Bonds with the Purchaser. The good faith checks of
the unsuccessful bidders shall be returned forthwith.
1.03. Performance of Requirements. All acts,
conditions and things which are required by the Constitution
and laws of the State of Minnesota to be done, to exist, to
happen and to be performed precedent to and in the valid
issuance of the Bonds having been done, existing, having
happened and having been performed, it is now necessary for
this Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
1.04. Maturities of Bonds. The Council hereby finds
that the maturities of the Bonds as set forth in Section 3.01
hereof are warranted by the anticipated collections of special
assessments and ad valorem taxes levied and to be levied for
the Bonds as provided in Section 4 hereof.
Section 2. Form of Bonds. The Bonds shall be
prepared in substantially the following form:
2-
Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990
Date of
Interest Rate Maturity Original Issue
February 1, 1990
REGISTERED OWNER:
PRINCIPAL AMOUNT:
CUSIP
SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF FALCON HEIGHTS, Ramsey County, Minnesota
the City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified
above, on the maturity date specified above, with interest
thereon from the date of original issue specified above, or
from the most recent interest payment date to which interest
has been paid or duly provided for, at the annual rate
specified above. Interest hereon is payable on February 1 and
August 1 in each year, commencing August 1, 1990, to the person
in whose name this Bond is registered at the close of business
on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions
referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest hereon
and, upon presentation and surrender hereof at the principal
office of the Bond Registrar hereinafter designated, the
principal hereof, are payable in lawful money of the United
States of America by check or draft of American National Bank
and Trust Company, in St. Paul, Minnesota, as Bond Registrar,
Transfer Agent and Paying Agent (the Bond Registrar), or its
successor designated under the Resolution described herein.
3-
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by the manual
signature of a person authorized to sign on its behalf.
IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey
County, Minnesota, by its City Council, has caused this Bond to
be executed by the facsimile signatures of the Mayor and the
City Clerk and by a printed facsimile of the official seal of
the City and has caused this Bond to be dated as of the date
set forth below.
Date of Authentication:
Facsimile Signature)
City Clerk
Facsimile Seal)
Facsimile Signature)
Mayor
4-
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
AMERICAN NATIONAL BANK AND TRUST
COMPANY, as Bond Registrar
By
Authorized Representative
Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $115,000 (the Bonds), issued pursuant to a
resolution adopted by the City Council on January 10, 1990 (the
Resolution), for the purpose of financing the costs of an
improvement in the City (the Improvement), and is issued
pursuant to and in full conformity with the provisions of the
the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 429 and 475.
The Bonds are payable primarily from the 1990 Improvement Bond
Fund (the Fund) of the City. In addition, for the full and
prompt payment of the principal and interest on the Bonds as
the same become due, the full faith, credit and taxing power of
the City have been and are hereby irrevocably pledged. The
Bonds are issuable only as fully registered bonds in
denominations of $5,000 or any multiple thereof, of single
maturities.
Bonds maturing in the years 1992 through 1996 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in 1997 and later years are each subject to redemption and
prepayment, at the option of the City and in whole or in part,
and if in part, in inverse order of maturities and in $5,000
principal amounts selected by lot within a maturity, on
February 1, 1996 and on any interest payment date thereafter,
at a price equal to the principal amount thereof to be redeemed
plus accrued interest to the date of redemption. At least
thirty days prior to the date set for redemption of any Bond,
notice of the call for redemption will be mailed to the Bond
Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no
defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of
any Bond. Upon the partial redemption of any Bond, a new Bond
or Bonds will be delivered to the registered owner without
charge, representing the remaining principal amount outstanding.
i
5-
The Bonds have been designated by the City as
qualified tag-exempt obligations" pursuant to Section 265(b)
of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tag, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, tq
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make this Bond a valid and
binding general obligation of the City according to its terms,
have been done, do exist, have happened and have been performed
in regular and due form as so required; that prior to the
issuance hereof the City has levied or agreed to levy special
assessments on property specially benefited by the Improvement
and ad valorem taxes on all taxable property in the City,
collectible in the years and amounts required to produce sums
not less than 5~ in excess of the principal of and interest on
the Bonds as such principal and interest respectively become
due, and has appropriated the same to the Fund in the manner
specified in Minnesota Statutes, Section 429.091, Subdivision
4; that, to take care of any accumulated or anticipated
deficiency in the Fund, additional ad valorem taxes are
required by law to be levied upon all taxable property in the
City without limitation as to rate or amount; and that the
issuance of this Bond does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation.
6-
A copy of the opinion of Bond Counsel shall be
printed on the Bonds, below which the following certificate
shall appear.]
We certify that the above is a full, true and correct
copy of the legal opinion rendered by Bond Counsel on the issue
of Bonds of the City of Falcon Heights, Minnesota, which
includes the within Bond, dated as of the date of delivery of
and payment for the Bonds.
Facsimile Signature)
City Clerk
Facsimile Signature)
Mayor
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to applicable
laws or regulations:
TEN COM -- as tenants UNIF TRANS MIN ACT.....Custodian.....
in common (Gust) (Minor)
TEN ENT -- as tenants
by the entireties
under Uniform Transfers to
JT TEN -- as joint tenants Minors
with right of
survivorship and Act ......................
not as tenants in
State) common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
7-
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature(s) to
this assignment must correspond
with the name as it appears
upon the face of the within
Bond in every particular,
without alteration, enlargement
or any change whatsoever.
Signature(s) must be guaran-
teed by a commercial bank or
trust company or by a broker-
age firm having a membership
in one of the major stock
exchanges.
Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities, Interest Rates Denominations,
Payment. Dating of Bonds. The City shall forthwith issue and
deliver the Bonds, which shall be denominated "General
Obligation Improvement Bonds of 1990" and shall be payable
primarily from the 1990 General Obligation Improvement Bond
Fund of the City created in Section 4.02. The Bonds shall be
dated initially as of February 1, 1990, shall be issuable in
the denominations of $5,000 or any integral multiple thereof,
shall mature on February 1 in the years and amounts set forth
below, and Bonds maturing in such years and amounts shall bear
interest from February 1, 1990 until paid or duly called for
redemption at the rates per annum set forth opposite such years
and amounts, respectively:
Year ~~~ ~~ ~~ Amount Rate
1992 $10,000 1997 $10,000
1993 10,000 1998 10,000
1994 10,000 1999 15,000
1995 10,000 2000 15,000
1996 10,000 2001 .15,000
The Bonds shall be issuable only in fully registered
form, of single maturities. The interest thereon and, upon
surrender of each Bond at the principal office of the Registrar
described herein, the principal amount thereof, shall be
payable by check or draft issued by the Registrar. Each Bond
shall be dated by the Registrar as of the date of its
authentication.
8-
3.02. Interest Payment Dates. Interest on the Bonds
shall be payable on February 1 and August 1 in each year,
commencing August 1, 1990, to the owners thereof as such appear
of record in the bond register as of the close of business on
the fifteenth day of the immediately preceding month, whether
or not such day is a business day.
3.03. Rgc1istration. The City shall appoint, and
shall maintain, a bond registrar, transfer agent and paying
agent (the Registrar). The effect of registration and the
rights and duties of the City and the Registrar with respect
thereto shall be as follows:
a) Rggister. The Registrar shall keep at its
principal office a bond register in which the Registrar
shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
b) Transfer of Bonds. Upon surrender to the
Registrar for transfer of any Bond duly endorsed by the
registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the
Registrar, duly executed by the registered owner thereof or
by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one
or more new Bonds of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding
each interest payment date and until such interest payment
date.
c) Exchan4e of Bonds. Whenever any Bond is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
Bonds of a like aggregate principal amount, interest rate
and maturity, as requested by the registered owner or the
owner's attorney duly authorized in writing.
d) Cancellation. All Bonds surrendered upon any
transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
e) Imgroper or Unauthorized Transfer. When any Bond
is presented to the Registrar for transfer, the Registrar
may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of
9-
transfer is valid and genuine and that the requested
transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make
transfers which it, in its judgment, deems improper or
unauthorized.
f) Perms^r~ nPPmea_ owners. The City and the
Registrar may treat the person in whose name any Bond is at
any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so
paid.
g) Taxes. Fees and Charges. For every transfer or
exchange of Bonds (except for an exchange upon a partial
redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or
exchange.
h) Mutilated. Lost. Stolen or Destroyed Bonds. In
case any Bond shall become mutilated or be lost, stolen or
destroyed, the Registrar shall deliver a new Bond of like
amount, number, interest rate, maturity date and tenor in
exchange and substitution for and upon cancellation of any
such mutilated Bond or in lieu of and in substitution for
any such Bond lost, stolen or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost,
stolen or destroyed, upon receipt by the Registrar of
evidence satisfactory to it that such Bond was lost, stolen
or destroyed, and of the ownership thereof, and upon
receipt by the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it,
in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall
be cancelled by it and evidence of such cancellation shall
be given to the City. If the mutilated, lost, stolen or
destroyed Bond has already matured or been called for
redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment.
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10-
i) Authenticating_Agent. The Registrar is hereby
designated authenticating agent for the Bonds, within the
meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04. Appointment of Initial Registrar. The City
hereby appoints American National Bank and Trust Company, of
St. Paul, Minnesota, as the initial Registrar. The Mayor and
the City Clerk are authorized to execute and deliver, on behalf
of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by
law to conduct such business, such corporation shall be
authorized to act as successor Registrar. The City agrees to
pay the reasonable and customary charges of the Registrar for
the services performed. The City reserves the right to remove
any Registrar upon thirty (30) days' notice and upon the
appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its
possession to the successor Registrar and shall deliver the
bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this
Council, the City Clerk shall transmit to the Registrar, from
the 1990 Improvement Bond Fund described in Section 4.02, money
sufficient for the payment of all principal and interest then
due on the Bonds.
3.05. Redemption. Bonds maturing in the years 1992
through 1996 are payable on their respective stated maturity
dates without option of prior payment, but Bonds maturing in
1997 and later years are each subject to redemption, at the
option of the City and in whole or in part, and if in part, in
inverse order of maturities and, within any maturity, in $5,000
principal amounts selected by the Registrar by lot, on
February 1, 1996 and on any interest payment date thereafter,
at a redemption price equal to the principal amount thereof to
be redeemed plus accrued interest to the date of redemption.
At least thirty days prior to the date set for redemption of
any Bond, the City shall cause notice of the call for
redemption to be mailed to the Registrar and to the registered
owner of each Bond to be redeemed, but no defect in or failure
to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not
affected by such defect or failure. The notice of redemption
shall specify the redemption date, redemption price, the
numbers, interest rates and CUSIP numbers of the Bonds to be
redeemed and the place at which the Bonds are to be surrendered
for payment, which is the principal office of the Registrar.
Official notice of redemption having been given as aforesaid,
the Bonds or portions thereof so to be redeemed shall, on the
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redemption date, become due and payable at the redemption price
therein specified and from and after such date (unless the City
shall default in the payment of the redemption price) such
Bonds or portions thereof shall cease to bear interest.
In addition to the notice prescribed by the preceding
paragraph, the City shall also give, or cause to be given,
notice of the redemption of any Bond or Bonds or portions
thereof at least 35 days before the redemption date by
certified mail or telecopy to the Purchaser and all registered
securities depositories then in the business of holding
substantial amounts of obligations of the character of the
Bonds (such depositories now being The Depository Trust
Company, of Garden City, New York; Midwest Securities Trust
Company, of Chicago, Illinois; Pacific Securities Depository
Trust Company, of San Francisco, California; and Philadelphia
Depository Trust Company, of Philadelphia, Pennsylvania) and
one or more national information services that disseminate
information regarding municipal bond redemptions; provided that
any defect in or any failure to give any notice of redemption
prescribed by this paragraph shall not affect the validity of
the proceedings for the redemption of any Bond or portion
thereof .
Bonds in a denomination larger than $5,000 may be
redeemed in part in any integral multiple of $5,000. The owner
of any Bond redeemed in part shall receive without charge, upon
surrender of such Bond to the Registrar, one or more new Bonds
in authorized denominations equal in principal amount to be
unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be
prepared under the direction of the City Clerk and shall be
executed on behalf of the City by the signatures of the Mayor
and the City Clerk and shall be sealed with the official
corporate seal of the City; provided that said signatures and
the corporate seal may be printed, engraved, or lithographed
facsimiles thereof. In case any officer whose signature, or a
facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such
signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose
or entitled to any security or benefit under this Resolution
unless and until a certificate of authentication on such Bond
has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication
on different Bonds need not be signed by the same
representative. The executed certificate of authentication on
C7
12-
each Bond shall be conclusive evidence that it has been
authenticated and delivered under this Resolution. When the
Bonds have been so executed and authenticated, they shall be
delivered by the City Clerk to the Purchaser upon payment of
the purchase price in accordance with the contract of sale
heretofore made and executed, and the Purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. 1990 Improvement Construction Fund. There is
hereby created a special bookkeeping fund to be designated as
the "1990 Improvement Construction Fund" (hereinafter referred
to as the Construction Fund), to be held and administered by
the City Clerk separate and apart from all other funds of the
City. The City appropriates to the Construction Fund (a) the
proceeds of the sale of the Bonds, and (b) all collections of
special assessments levied for the Improvement until completion
and payment of all costs of the Improvement. The Construction
Fund shall be used solely to defray expenses of the
Improvements, including but not limited to the transfer to the
Bond Fund, created in Section 4.02 hereof, of amounts
sufficient for the payment of interest and principal, if any,
due upon the Bonds prior to the completion and payment of all
costs of the Improvement and the payment of the expenses
incurred by the City in connection with the issuance of the
Bonds. Upon completion and payment of all costs of the
Improvement, any balance of the proceeds of Bonds remaining in
the Construction Fund may be used to pay the cost, in whole or
in part, of any other improvements instituted pursuant to the
Act, as directed by the City Council, but any balance of such
proceeds not so used shall be credited and paid to the Bond
Fund.
4.02. 1990 Improvement Bond Fund. So long as any of
the Bonds are outstanding and any principal of or interest
thereon unpaid, the City Clerk shall maintain a separate and
special bookkeeping fund designated "1990 Improvement Bond
Fund" (hereinafter referred to as the Bond Fund) to be used for
no purpose other than the payment of the principal of and
interest on the Bonds and on such other improvement bonds of
the City as have been or may be directed to be paid therefrom.
The City irrevocably appropriates to the Bond Fund (a) the
collections of special assessments and other funds to be
credited and paid thereto in accordance with the provisions of
Section 4.01, (b) any taxes levied in accordance with this
resolution, and (c) all such other moneys as shall be received
and appropriated to the Bond Fund from time to time. If the
balance in the Bond Fund is at any time insufficient to pay all
interest and principal then due on all bonds payable therefrom,
13-
the payment shall be made from any fund of the City which is
available for that purpose, subject to reimbursement from the
Bond Fund when the balance therein is sufficient, and the
Council covenants and agrees that it will each year levy a
sufficient amount to take care of any accumulated or
anticipated deficiency, which levy is not subject to any
constitutional or statutory tax limitation.
4.03. Additional Bonds. The City reserves the right
to issue additional bonds payable from the Bond Fund as may be
required to finance costs of the Improvements not financed
hereby; provided that the City Council shall, prior to the
delivery of such additional bonds, levy or agree to levy by
resolution sufficient additional special assessments and ad
valorem taxes, if any, which, together with other moneys or
revenues pledged for the payment of said additional
obligations, will produce revenues at least five percent (5%)
in excess of the amount needed to pay when due the principal
and interest on all bonds payable from the Bond Fund. The
additional special assessments, ad valorem taxes and moneys or
revenues so pledged, levied or agreed to be levied shall be
irrevocably appropriated to the Bond Fund in the manner
provided by Minnesota Statutes, Section 475.61.
4.04. Levv of Special Assessments. The City hereby
covenants and agrees that for payment of the cost of the
Improvement it will do and perform all acts and things
necessary for the full and valid levy of special assessments
against all assessable lots, tracts and parcels of land
benefited thereby and located within the area proposed to be
assessed therefor, based upon the benefits received by each
such lot, tract or parcel, in an aggregate principal amount not
less than twenty percent (20%) of the cost of the Improvement.
In the event that any such assessment shall be at any time held
invalid with respect to any lot., piece or parcel of land, due
to any error, defect or irregularity in any action or
proceeding taken or to be taken by the City or this Council or
any of the City's officers or employees, either in the making
of such assessment or in the performance of any condition
precedent thereto, the City and this Council hereby covenant
and agree that they will forthwith do all such further acts and
take all such further proceedings as may be required by law to
make such assessments a valid and binding lien upon such
property. The Council presently estimates that the special
assessments shall be in the principal amount of $
payable in not more than _ installments, the first installment
to be collectible with taxes during the year 19_, and that
deferred installments shall bear interest at the rate of not
less than percent (_%) per annum from the date of the
resolution levying said assessment until December 31 of the
year in which the installment is payable.
14-
4.05. Ad Valorem Taxes. The full faith and credit
and taxing powers of the City are irrevocably pledged for the
prompt and full payment of the principal of and interest in the
Bonds as the same become respectively due. For the purpose
there is hereby levied upon all of the taxable property of the
City a direct, annual ad valorem tax, which shall be spread
upon the tax rolls prepared in each of the following years and
collected with other taxes in the following years and amounts
as follows:
Levy Collection
Year Year Am n
1990 1991 $
1991 1992
1992 1993
1993 1994
1994 1995
1995 1996
1996 1997
1997 1998
1998 1999
1999 2000
The foregoing tax levies are such that if collected in full
they will produce at least five percent (5%) in excess of the
amount needed to pay when due the principal of and interest on
the Bonds. This tax shall be irrevocably appropriated to the
Bond Fund as long as any of the Bonds are outstanding and
unpaid; provided that the City reserves the right and power to
reduce the levies in the manner and to the extent permitted by
Minnesota Statutes, Section 475.61.
4.06. Full Faith and Credit Pledged. The full faith
and credit of the City are irrevocably pledged for the prompt
and full payment of the principal of and the interest on the
Bonds, and the Bonds shall be payable from the Bond Fund in
accordance with the provisions and covenants contained in this
resolution. It is estimated that the special assessments and
ad valorem taxes levied and to be levied for the payment of the
Improvement will be collected in amounts not less than five
percent (5%) in excess of the annual principal and interest
requirements of the Bonds. If the money on hand in the Bond
Fund should at any time be insufficient for the payment of
principal and interest then due, this City shall pay the
15-
principal and interest out of any fund of the City, and such
other fund or funds shall be reimbursed therefor when
sufficient money is available to the Bond Fund. If on
October 1 in any year the sum of the balance in the Bond Fund
plus the amount of taxes and special assessments theretofore
levied for the Improvements and collectible through the end of
the following calendar year is not sufficient to pay when due
all principal and interest become due on all Bonds payable
therefrom in said following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this
Section 4.06, a direct, irrepealable, ad valorem tag shall be
levied on all taxable property within the corporate limits of
the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of
this resolution.
Section 5. Defeasance. When any Bond has been
discharged as provided in this Section 5, all pledges,
covenants and other rights granted by this resolution to the
holders of such Bonds shall cease, and such Bonds shall no
longer be deemed outstanding under this Resolution. The City
may discharge its obligations with respect to any Bond which is
due on any date by irrevocably depositing with the Registrar on
or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, the City may
nevertheless discharge its obligations with respect thereto by
depositing with the Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with
respect to any prepayable Bond called for redemption on any
date when it is prepayable according to their terms, by
depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full; provided that
notice of the redemption thereof has been duly given as
provided in Section 3.05. The City may also at any time
discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and
regulating such action, by depositing irrevocably in escrow,
with a bank qualified by law as an escrow agent for this
purpose, cash or Securities which are authorized by law to be
so deposited, bearing interest payable at such times and at
such rates and maturing on such dates as shall be required,
without reinvestment, to pay all principal and interest to
become due thereon to maturity or, if notice of redemption as
herein required has been duly provided for, to such earlier
redemption date.
Section 6. County Auditor Registration, Certification
of Proceedings. Investment of Money, Arbitrage, Official
Statement and Fees.
C7
16-
6.01. County Auditor Re4istration. The City Clerk is
hereby authorized and directed to file a certified copy of this
Resolution with the County Auditor of Ramsey County, together
with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate
that the Bonds have been entered on his bond register and the
taxes described in Section 4.05 hereof have been levied as
required by law.
6.02. Certification of Proceedings. The officers of
the City and the County Auditor of Ramsey County are hereby
authorized and directed to prepare and furnish to the Purchaser
and to Dorsey & Whitney, Bond Counsel to the City, certified
copies of all proceedings and records of the City, and such
other affidavits, certificates and information as may be
required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books
and records under their custody and control or as otherwise
known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
6.03. Tax Covenant. The City covenants and agrees
with the owners from time to time of the Bonds that it will not
take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds
to become subject to taxation under the Internal Revenue Code
of 1986, as amended (the Code), and the Treasury Regulations
promulgated thereunder (the Regulations), as such are enacted
or promulgated and in effect on the date of issue of the Honds,
and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become subject
to taxation under such Code and Regulations.
6.04. Exemption From Rebate Requirement. For
purposes of complying with the requirements of Section
148(f)(4)(C) of the Code relating to the exemption of certain
small governmental units from the rebate requirements of the
Code, the City represents that:
i) the City is a governmental unit with general taxing
powers;
ii) the Bonds are not "private activity bonds" as
defined in Section 141 of the Code (Private
Activity Bonds);
iii) ninety-five percent of the net proceeds of the
Bonds are to be used for the local governmental
purposes of the City; and
17-
iv) the aggregate face amount of all tax-exempt bonds
other than Private Activity Bonds) issued by the
City in 1990 is not reasonably expected to exceed
5,000,000.
6.05. Investment of Monev on Degosit in the Bond Fund.
After February 1, 1996 the City Clerk shall ascertain monthly
the amount on deposit in the Bond Fund. If after February 1,
1996 the amount on deposit therein ever exceeds by more than
5,750 the aggregate amount of principal and interest due and
payable from the Bond Fund within the nett succeeding 12
months, such excess shall be used to prepay and redeem Bonds or
be invested at a yield less than or equal to the yield on the
Bonds and the General Obligation Certificates of Indebtedness
of 1990 of the City, based upon their amounts, maturities and
interest rates on their date of issue, computed by the
actuarial method. If any additional bonds are ever issued and
made payable from the Bond Fund, the dollar amount in the
preceding sentence shall be changed to equal 5 percent of the
aggregate original principal amount of the bonds of all series,
including the Bonds, of which any bonds are then outstanding
and payable therefrom. The City reserves the right to amend
the provisions of this Section at any time, whether prior to or
after the delivery of the Bonds, if and to the extent that this
Council determines that the provisions of this Section are not
necessary in order to ensure that the Bonds are not "arbitrage
bonds" within the meaning of Section 148 of the Code and
Regulations.
6.06. Arbitrage Certification. The Mayor and the
City Clerk, being the officers of the City charged with the
responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver
to the Purchaser a certification in accordance with the
provisions of Section 148 of the Code, and Sections 1.103-13,
1.103-14 and 1.103-15 of the Regulations, stating the facts,
estimates and circumstances in existence on the date of issue
and delivery of the Bonds which make it reasonable to expect
that the proceeds of the Bonds will not be used in a manner
that would cause the Bonds to be arbitrage bonds within the
meaning of the Code and Regulations.
6.07. Interest Disallowance. The City hereby
designates the Bonds as "qualified tax-ezempt obligations" for
purpose of Section 265(b) of the Code relating to the
disallowance of interest expenses for financial institutions.
The City represents that in calendar year 1990 it does not
reasonably expect to issue tax-exempt obligations which are not
private activity bonds (not treating qualified 501(c)(3) bonds
under Section 145 of the Code as private activity bonds for
purposes of this representation) in an amount in excess of
10,000,000.
18-
6.08. Official Sta pment. The Official StatementrelatingtotheBonds, dated February 6, 1990, prepared anddistributedonbehalfoftheCitybyEhlersandAssociates,Inc., is hereby approved. The officers of the City are herebyauthorizedanddirectedtoexecutesuchcertificatesasmaybeappropriateconcerningtheaccuracy, completeness andsufficiencyoftheOfficialStatement.
6.09 Authorization of Rec apt of Bond Proc P S andPaymentofCertainCOat~ of Iss~ nce of he Bonds. TheRegistrarisherebyauthorizedanddirected, on the date ofissuanceanddeliveryofthebonds, to receive the Bondproceedsandtopayfromsuchproceedsthefeesandexpenses ofthefollowingpersonsinthefollowingamountsincurredinconnectionwiththeissuanceoftheBondsuponreceiptbytheRegistrarofastatementtherefor:
Payee
Ehlers and Associates, Inc.
Minneapolis, Minnesota
Moody's Investors
Service, Inc.
New York, New York
American National Bank
and Trust CompanySaintPaul, Minnesota
Service
Perform„ Am n
Financial
Consultant
Rating of Bonds
Registrar and
Paying Agent
The claims of the above persons in the aunts set forthoppositethenamesofsuchpersonsareherebyapprovedand nofurtheractionofthisCouncilshallbenecessaryinconnectionwiththepaymentofsuchfeesandexpensesofissuanceoftheBonds. The Registrar shall transfer the remaining BondproceedstooratthedirectionoftheCity.
Mayor
Attest:
City Clerk
19-
The motion for the adoption of the foregoing
resolution was duly seconded by Councilrnember
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
and was signed by the Mayor which signature was attested by the
City Clerk.
20-
Consent
Policy X
Agenda Item: F-4
CITY OF FALCON BEIGSTS ~lceting Date:2/14/90
REQUEST FOR COUNCIL CONSIDERA?ION
ITEri DESCRIPTION:
FORESTER'S REPORT FOR YEAR 1989
SUBMITTED BY:
RE9IE~ED BY:
Linda Treeful, City Forester
Shirley Chenoweth
PLANATION/SU24SARY (attach additional sheets as necessary):
Attachment:
Copy of the Forester's Report
Dr. Treeful will be in attendance for the presentation and to answer
any questions.
ACI0I3 REQQESTED: Information Only.
I J~v
January 31, 1990
To: Falcon Heights City Council members
From: Linda Treeful, City Forester
RE: 1989 Report on the City of Falcon Heights Tree Program
In terms of trees, the year was an interesting one. The dramatic increase of
Dutch elm disease in some cities like Minneapolis was not reflected in Falcon
Heights. Twenty boulevard elms and 28 elms on private property were removed
Table 1), up slightly from 1988 (Table 2). Twelve trees, other than elms, were
also marked and removed (Table 3).
I saw a number of unusual things including:
1) Leaf scorch on elms near the University tennis courts for the second year
in a row and on a few other elms in the city. Scorch is caused by high
temperatures and high winds and can be confused with Dutch elm disease.
2) An elm on Folwell with small, blackened leaves, caused by a fungus called
sooty mold. Some might confuse the symptoms with Dutch elm disease.
3) Phytotoxicity or leaf death in a boulevard elm injected with Arbotect
fungicide to protect the tree from Dutch elm disease. The symptoms on the
tree could easily have been mistaken for Dutch elm disease.
4) A tree service injecting an elm at Harvest States with fungicide in April,
1989, before any leaves were present on the tree--a total waste of the
company's money.
5) A boulevard tree tied up with plastic clothesline in an attempt to "shape" it.
Goals set for 1989 were achieved as follows:
1) Designation of Falcon Heights as a Tree City: the application is presently
being reviewed;
Z) Use of therapeutic pruning to save more Dutch elm diseased elms: six elms
that were therapeutically pruned after July 1 appeared symptom free at the
end of 1989. Their locations are 1834 Arona, 1349 Iowa, 1843 & 1747
Holton, 1526 & 1532 Crawford. Whether the pruning was totally successful
in saving the trees won't be known until 1990. A University of Minnesota
Plant Disease Clinic test indicated the fungus is still in one of the trees
that was pruned;
3) Increase competition among tree services for the city contract: more
letters (a total of 35) were sent out to tree services in St. Paul and
Minneapolis than in 1988, however, only five tree services submitted bids;
4) Include more specific guidelines in the contract particularly with respect
to emergency work and therapeutic pruning: this was done and the results
were an improvement over 1988;
5) Establish better cooperation with the contracted tree service: although
cooperation was better than in 1988, there is still room for improvement.
Other activities in 1989 included a major pruning effort to shape up the
city's boulevard trees. About 194 boulevard trees were pruned with the aid
crf seven U of MN forestry students who worked a total of 82.25 hours during
April and May. The boulevard trees in the section of Falcon Heights bounded
by Snelling, Hoyt, I,arpenteur and Hamline were all pruned. A survey of the
remainder of the city indicated about 185 more boulevard trees need pruning.
These will be pruned during the spring of 1990 with the assistance of the
same forestry students. The pruning effort is the main reason why my total
hours worked rose from 47.5 in 1988 to 139 in 1989.
I attended a Tree Inspector Re-certification program sponsored by the
Minnesota Department of Agriculture on April 1, 1989 held on the University
of Minnesota St. Paul campus.
The routine aspects of the 1989 Tree Program are described on the enclosed Work
Summary.
During 1990, I plan to complete boulevard tree pruning and establish a long
range plan for pruning the boulevard trees. More emphasis will be placed on
the Arbor Day celebrations.
Table 1. Summary of American Elm Tree (Ulmus americana) Removal in the
City of Falcon Heights, 1989
Number of Trees
DBH*Boulevard Private University+Total
0.0 -9.9"5 6 2 13
10.0 -19.9"5 8 0 13
20.0 -29.9"7 13 0 20
30.0"3 1 2 6
Total 20 28 4 52
Diameter Breast Height
Marked by City Forester and removed by University of Minnesota
Grounds Maintenance personnel (Univ. personnel are responsible
for marking & removing trees on University property)
n
U
able 2. Summary of American Elm Tree Removal in the City of Falcon Heights
from 1984 to 1989
Number of Trees
Year Boulevard Private University+ Total
1984 49 64 -113
1985 44 41 -85
1986 37 28 -64
1987 31 10 -41
1988 19 26 3 48
1989 20 28 4 52
Only includes University trees marked by City Forester
No figures are available for these years
Table 3. Other trees marked and removed in 1989
Tree No. of Trees Location DBH*
Honey locust 3 Blvd.5.75, 7 & 8.5
Lombardy poplar 4 1 Blvd./3 Private 15.5, 16, 24 & 29
Red maple 1 Blvd.7
Mt. Ash 1 Private 16
Basswood 1 City park 2
Green Ash 1 Blvd.2
Unidentified, dead 1 City park 3
Total 12
Diameter Breast Height in inches
C
City of Falcon Heights
193J Tree Program -- Work S~mn-ary
February *Presented 1JSS Tree Report at City Council meeting
iMailed out bid letters to 35 tree services
March *Prepared tree replacement list (Vincc.~J RY,
Chose a tree service from bids submitted
Apri 1 *Ordered new trees (~/inGt,~JA4~
Attended Tree Inspector Re-Certification Workshop
sponsored by the Minnesota Department of Agriculture
Hired 8 forestry students to prune boulevard trees
Pruning training for foresty students with Mike Zins,
from the Minnesota Landscape Arboretum
Supervised forestry student pruning of boulevard trees
Pruned boulevard trees
Firewood Inspection
May +~Planted new and replacement trees ~~ ~Ce~~Ay~
Supervised forestry student pruning of boulevard trees
Pruned boulevard trees
On site inspection and/or phone conversations regarding
homeowner tree problems; questions
June Tree Inspecticn for diseased elms
On site inspection and/or phone conversations regarding
homeowner tree problems/questions
July rTree Inspection for diseased elms
On site inspection and/or phone conversations regarding
homeowner tree problems; questions
August Tree Inspection for diseased elms
on site inspection and/or phone conversations regarding
homeowner tree problems/questions
September Tree Inspection for diseased elms
On site inspection and/or phone conversations regarding
homeowner tree problems/questions
October Compiled a list of boulevard trees needing pruning
P7ovember Completed list of boulevard trees needing pruning
December Compiled year end Tree Report
C~
Conaent__
Policy X
ITEri DESCRIPTION:
SUBMITTED BY:
RE9IE«ED BY:
CITY OF TALCON flEICHTS
YEQUEST YOR COUNCIL CONSIDERATION
SCHEDULE PUBLIC HEARING ON ASSESSMENT OF UNPAID
FALSE ALARM FEES
Shirley Chenoweth
Jan Wiessner
Tom Gedde
Agenda Item: F-5
Zleetiag Date:2 14 90
E~LANATION/S1Jl4SARY (attach additional sheets as necessary)
Dennis Hunt., owner of Bullseye Video/Tan Line, 1553 W. Larpenteur, presently
owes a total of $475.00 for unpaid false alarm fees. This spans a period
of time from November, 1988 to the present. Mr. Hunt has received .many
statements plus letters urging him to take care of the matter in order that
it would not be necessary to implement the assessment procedure. He has
indicated that he cannot pay the fees.
The City Code does provide for assessment of these unpaid fees and we are
recommending that the assessment procedure be started as soon as possible,
especially in view of the possible sale of the property.
ACTIOr RgQQESTED: Schedule Public Hearing for March 14, 1990 at 8:00 P.M.
i
k
Agenda Item: F-6
Consent
Policy X CITY OF FALCON HEIGHTS Meeting Date•2/14/90
1tEQUEST FOR COUNCIL CONSIDERATION
ITE?i DESCRIPTION:
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN OFF-SALE
LIQUOR STORE AT 1559 W. LARPENTEUR AVENUE
SUBMITTED BY: Mr. James Kettner, Proprietor
Mr. Dennis Hunt, Property Own
pl~ gy: Susan Hoyt Taff, City Planner
Planning Commission
Jan Wiessner
EXv1,ANATION/SU24SARY (attach additional sheets as necessary)
Mr. James Kettner, on behalf of the property owner Mr. Dennis Hunt, is requesting
the Planning Commission to grant a conditional use permit for an off-sale liquor
store at 1559 West Larpenteur Avenue (see Attachment A). Section 9-10.01, Sub-
division 2(0) of the Zoning Code requires a conditional use permit for an off-sale
liquor store in a B-2 zone.
Mr. Kettner plans to lease the vacant 1,977 square foot retail. space in the west
end of the Bullseye Shopping Center from the leasing agent, the Calhoun Company.
He will be the proprietor of the store. A diagram of the interior store layout
is attached (Attachment B). Mr. Kettner will operate the store with four to six
part-time employees. The proposed hours of operation are: Monday through Friday,
8:00 A.M. to 8:00 P.M., Friday and Saturday, 8:00 A.M. to 10:00 P.M., Sunday,
Closed.
Rnrur.Rnrnsn
You may recall that in May, 1989 Mr. Dennis Hunt requested a conditional use permit
for a portion of this building for an off-sale liquor store with the possible
addition of a deli/restaurant in the remaining space. Mr. Dennis Hunt withdrew his
application for a conditional use permit because he had not paid his property taxes
on the property,. and, therefore, was not eligible for a municipal liquor license.
These taxes are still outstanding. However, a recent City Council action allows
a tenant in a building where the property taxes are delinquent to qualify for a
municipal, liquor license. (For example., the proprietor of the Chinatown Restaurant
in-the BulLseye Shopping Center renewed her wine license this year despite the
delinquent taxes on the property.) Therefore, to the best of the City's knowledge
to date, Mr. Kettner is eligible for a municipal liquor license. However, he
cannot lease. the vacant space for an off-sale liquor store operation without the
City's approval of it as a conditional use. And, as you are well aware, a con-
ditional use permit rests permanently with the property--not the proprietor of the
store. Therefore, Mr. Kettner's request is made with the consent of the property
owner, Mr. Hunt.
Page 2
Request for Council Consideration
Meeting Date: 2/14/90
RELATED INFORMATION:
The Bullseye Shopping Center property is currently for sale. According to
Mr. Heimbuch of the. Calhoun. Companies, someone is close to purchasing the
property.
The proposed liquor store is in a. Tax Increment Financing District (TIF).
Therefore, a return on the TIF investment through property taxes is important
to the City. .Filling a vacant space in the Bullseye Center with an appropriate
use may improve the current owner's ability to pay the back taxes on the property
and/or expedite the sale of the property.
As you may recall, an off-sale liquor store is tentatively included as a possible
tenant in the preliminary PVI proposal for the southeast corner of Larpenteur/
Snelling. This project is at a very preliminary stage in the development/TIF
process. No final plans have been submitted to date.
SITE CONSIDERATIONS:
This proposal presents no obvious problems on this site. After several drive-bys
at various hours, the parking area appears adequate to accommodate the additional,
short-term customer parking generated by the proposed business. The required parking
is included in the 99 spaces allocated to the 21,948 square feet of retail space
in the Bullseye parking variance dated May, 1989.
Several years ago, an off-sale municipal liquor store was located adjacent to this
site, where the Embers currently is. City staff is not aware of any conflicts
between the municipal liquor store and the surrounding neighborhood during its
operation. A checklist of general and special requirements for granting a conditional
use permit for a liquor store in a B-2 zone - 9-15.04, Subdivisions 3(a) is attached.
See Attachment C). Because the proposed conditional use is already in an established
shopping center, a number of the criteria are already met or not applicable. The
proposed use should not be a major traffic generator nor create a parking problem.
When an applicant meets all of the conditions of the Zoning Code for a conditional use
permit, the application must be granted.
PUBLIC HEARING:
One property owner, Mr. Don Grittner of 1718 Arona St. spoke at the public hearing.
He expressed concern over the possibility of increased crime with the addition of a
liquor store to the area.
Page 3
Request for Council Consideration
Meeting Date: 2/14/90
RECOMMENDATIONSt
The Planning Commission approved the conditional use permit for 1559 W. Larpenteur
Avenue with the following conditions:
1. Hours. of operation. will be: Monday thxough Thursday, 8.:.00 A.M. - 8:.00 P.M.
Friday-.and Saturday, 8:.00 A.M. - 10:00 P.M.
2. Meet all applicable city and state statutes and review the conditional use
six months following the opening of the business and yearly thereafter.
ACTION REQUESTED:
1. Review and discuss
2. Approval of Conditional Use Permit
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Legal tiame:
Legal =-caress:
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Business Owner:
Home Address:
Home Phone:
Hours:
Scuare Footage:
of Employees:
of parking spaces:
J's I,icuor
1559 Larpenteur Ave. West
Falcon Heights, Mn. 5^,1i3
James Kettner
3255 Coac:~man Rd. X342
Eagan, Mn. 55121
638-850,4Y~~
Mon.-~i• a:00a.m. - B:OOu.m.
LJ "Sat.-+8»'h.. 8:OOa.m. - 10:OOp.m.
1'77 square feet
4-6 part time
27 (; handiczpped)
E~'CTED PEP_K HOURS
Monday - Friday: P_ slight increase may occur between the
hours of 11:00 and 1:00 during lunch.
For the most part, any peak hours will
occur between the hours of S:OOp•m• and
B:OCp.m. after wcrk.
F--iday - Saturday: The slight increase during lunch would
still be possible. On Saturday, the
peak ''.^.ours would be more spread out
ciuri^g the day and at night, the Dea1C
hours may be extended to around ?:30.
Sunday: Closed
Keen in m•_nd that these are estimates. Also, understand
that Over OO°o Of 1i000r ~u2'C:IaSes are lmpulSe Dur~:,aseS
that take '^ minutes or less so any traffic in the ..enter
will have a quick turna_ound time.
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Tf''R.rK.u~ T G .
p;.ANNING AND JE7'nLOP*~'NT g-15.04
a. Genera:: and Special Requirements: The Planning Commission and/or
Council sh:1l ccasider to what extent the applicant's pl~_ es
oss' adverse ef__°ects of the proposed conditional use xhat
modifications o an and u a con Boas n approval could further
minimize the adverse effects of the proposed use. The following
eve ent staadan~'.s s be consider general requirements for all
conditional use pe rnits except as hereinafter provided:
1) The land area and setback requirements of the property
containing such a use or activity meet the minimums established for
the district.
2) When abutting a res'_deatial use, the property shall be screened
and landscaped.
3) G'here applicable, all C_ty, county, state and ..°ederal lava,
T
regulations and ordinances steal: be cocplied with and all necessary
itic~uc~e C permits secured.
i n W,.d.cfiicov
r (~) Signs shall not adversely impact adjoining or surrounding
residential uses. ~ ~~ "}9 '«''~^"' '^' ^"'~+ TM";,cJn t'"de"~
5) Adequate off-road parking and loading shall be provided. Such
parking and loading shall be screened and landscaped from abutting
residential uses.
6) The road serving the use or activity must to of sufficient
design to accommodate the proposed use or activity, and such use or
activity shall not generate such additional eztra traffic as to
create a nuisance ar hazard to ezisting traffic or to surrounding
land use .
All access roads, driveways, parking areas, and outside
storage, service, or sales areas shall be surfaced or grassed to
control dust and drainage.
A (8) All open and outdoor storage, sales and service areas shall be
screened from view from public streets and from abutting residential
usas~or districts.
9) All Lghtiag shall be designed to prevent nay direct source of
light being visible Prom adjacent residential areas or from the
public streets.
10) The use or activity shall be properly.draiaed to control
surface xater runoff.
11) The architectural appearance and functional plan of the
building and site shall not be so dissimilar to the existing
buildings or area as to cause impairment in property values or
constitute a blighting influence.
12) The proposed xater, sewer and other utilities shall be capable
of accommodating the proposed use.
C~3) That the groposed use conforms to the comprehensive municipal
plan. Such a finding shall be based upon the following
considerations: _ _._
a) That certain uses may not be considered appropriate
xithia the interior of residential neighborhoods because of
noise, traf:'ic, or other conditions that would tend to affect
adversely the residential character of the neighborhood and
possible reduce property values. These uses are considered
appropriate only on the periphery of residential
neighborhoods, or under such conditions as the Planning
Commission may deem pruner. The uses may represent "buffer"
uses for those areas lying between single fami'_y dwellings and
non-residential uses.
b) That certain uses are considered, as a rule, unsuitable
in Rusin e9s Districts because of inherent business
characteristics (e.g. traffic, noise, glare), proximity to
residential areas, the fact that they tend not to serve nearby
residential areas, or may adversely affect nearby permitted
business uses.
Consent
PolicyX
ITEK DESCRIPTION:
YEQUEST !OR COUNCIL CONSIDERATION
i
SUBMITTED BY
REVIEMFED BY:
CITY OF lALCON EEICHTS
INVESTMENT POLICY
Tom Kelly
Jan Wiessner
PLANATION/ST]lgSARY (attach additional sheets as necessary):
Agenda Item:~_
Meeting Date:2/14/90
See the attached proposed investment policy and data. The purpose of an
investment policy is to give guidelines to staff for investing the City's
cash, assuring that the City earns the best possible return on investment
while meeting bond and other obligations.
I have also included for your information an article from the December, 1989
Government Finance Review on the City of Tallahassee's policy.
This policy was discussed at a Council Workshop on June 14. Formal action
has not been taken by the Council.
ATTACHMENTS:
A. Proposed Investment Policy
B. 1989 Investment Schedule
C. Chart: Current Investments by Maturity
D. Article re: Tallahassee Policy
ACTIOT REQUESTED: Discuss and adopt Investment Policy
i.
A .
FALCON HEIGHTS INVESTMENT POLICIES (
1 of 8)
PROPOSED)
A. Dail~_Cash_Balance, Cash Forecasting, and Pooling of
Investments
The City policy requires the pooling of all available cash
and investing the total cash at the highest available rate.
Efficient investment of funds starts with knowing what your
cash is on a daily basis, and what your future cash needs
will be, particularly for major bill paying times such as
bond payment dates. This includes making weekly deposits of
cash receipts and maintaining small balances in checking and
savings accounts.
B. SAFETY OF PRINCIPAL
Safety of principal is the first priority in investing City
funds. The City invests only in those investment
instruments authorized by Statute. Minnesota Statutes
Chapters 471.56 and 475.66 set forth the authorized
investments for a municipality.
C. Authorized Investments
Examples of authorized investments are as follows:
1. Direct U.S. Government obligations
a.Treasury Bills
b.U.S. Treasury Certificates
c.Treasury Notes
d.Treasury Bonds
e.Treasury Strip Coupon
f.Treasury Receipt
2. Shares in investment companies whose only investments
are U.S. Government and agency issues.
3. Obligations of the State of Minnesota.
4. Bankers acceptances of United States banks eligible for
purchase by the Federal Reserve System.
5. Commercial Paper - rated A-l, P-1 and F-1 for maturities
of 270 days or less.
6. Irrevocable Letter of Credit (LOC).
7. Interest bearing deposits - (Checking Accounts, CD's
money market savings, ordinary savings) must be
collateralized at a minimum of 110 of face value.
2 of 8
2-
D. COLLATERALIZATION
All deposits in any bank, trust company, or thrift .
institution over $100,000 must be collateralized.
Collateralization may be in the form of securities, or notes
on first mortgages as outlined below.
Any collateral pledged to the City's account shall be
accompanied by an assignment thereof to the municipality
from the depository.
Collateral shall be deposited with the treasurer, and shall
not be deposited in the bank, trust company, or thrift
institution holding it.
Securities_pledged_as_Collateral
The total amount of collateral computed at market value must be
in an amount of at least 110 of all deposits over $100,000.
Securities pledged may be obligations which are legally
authorized investments for debt service funds under Minnesota
Statutes Annotated 475.66, Subdivision 3, and qualified state
and local government obligations acceptable to the City
Accountant or City Administrator. •
E. Scheduled Maturity
The City schedules a payroll twice a month and pays other
claims every other week in conjunction with Council
meetings. The City makes large bond principal and/or
interest payments on February 1, March 1, June 1, August 1,
and September 1 of each year. The other large claim is the
Metropolitan Waste Control Commission bill which is due the
first of each month. The City schedules its investments to
mature with these dates when possible.
F. Liquidity
The City invests approximately 10-25 percent of its
available funds in liquid instruments. These may be
instruments such as Commercial Paper or collateralized
Insured Savings Accounts (Money Market Accounts). The City
will maintain small balances in checking and savings
accounts. These balances will be to meet normal monthly
payments, and payroll.
Therefore, the purpose of having. part of the City's
investment portolio in liquid funds is to insure that funds •
could be available should unexpected large bills be
presented for payments.
A.
3-
G. Local Investments
One hundred (100) percent of the total investment portfolioshallbeinvestedincertificatesofdepositorotherinstrumentsthroughbanksorotherfinancialinstitutions.These investments may be scheduled maturities, or they maybepartoftheinvestmentstrategyofsecuringmaximuminterestratesforpartoftheinvestmentportfolio.
H. Maximum_Interest_Earnings
After the liquidity needs, and scheduled maturity needs aresatisfied, the balance of these funds available for
investment are placed with institutions that offer thehighestrateofreturnconsistentwiththematurities asdeterminedbytheCity. Quotations are taken by telephoneforallinvestments, whether they are short or long term.These investments must be in authorized investments.
3 of 8)
A
APPENDIX
1. Specific T~pes_of Investments
4 of 8)
Instruments issued by the United States Government may be direct
Treasury Obligations, or they may be obligations of a federal
agency or federal instrumentality. All government issues are
now in book entry form and are not registered to the owner.
Principal and interest is credited directly to the bank and the
owner of record. Some Examples are as follows:
United States Government Investments
Direct United States Treasury Obligations:
Treasury Bills
Treasury Bonds
Treasury Notes
Certificates of Indebtedness
Zero Coupon Treasuries
Federal Agencies & Instrumentalities:
Federal Home Loan Banks
Federal National Mortgage Association
Federal Farm Credit System
Federal Land Banks
No New Issues) .
Federal Intermediate Credit Bank
No New Issues)
Banks for Cooperatives
No New Issues)
Investments purchased at a discount & maturing at par
FNMA Discount Notes
Federal Farm Credit Bank, Discount Notes
Federal Home Loan Bank, Discount Notes
Commercial Pape r
Banker's Acceptance
Treasury Bills
Treasury Strip Coupon ($1,000 denomination)
Treasury Receipt (Larger Denomination)
Investments issued_at par with interest coupons
Treasury Bonds
Treasury Notes
Commercial Notes ( GMAC )
FNMA Debenture or Bond
Federal Home Loan Bank Bond
Federal Farm Credit System Wide Bonds
Further information on various types of United States Government
Investments are as follows:
2-
TREASURY_ISSUES
United__States_Treas_ury_Certificates - These are. coupon issues.
They are issued at par and usually carry two coupons. They
mature no more than one year after issue.
Treasury_Bills - Offered each week by the Treasury Department
with 90 to 182 day maturities.
Monthly Treasury Bills are offered with a maturing of one year.
Widely traded and offered at a discount and maturing at par.
May be purchased through dealer banks and bond brokers and sold
to them.
Bills may be purchased directly from the Federal Reserve Bank of
Minneapolis, in which case there is no service charge.
Treas_ury__Notes - Issued with maturities of from two to ten
years, minimum demonination is $5,000. They carry coupons
redeemable every six months.
Treasury_Bonds - All new issues issued for periods of ten years
or longer in denomination of $1,000 to $1,000.000. They carry
semi-annual interest coupons. Some treasury bonds are callable
by the government before maturity, and others have fixed
maturities.
FEDERAL AGENCY ISSUES
Federal Agency Issues are not guaranteed by the United States
Government and therefore produce somewhat higher yields than
Treasuries. The previous experience of the agency is important
when investing in agencies.
Federal Hom_e_Loan Bank Notes - Issued by the Federal Home Loan
Bank system, which are instrumentalities of the United States
and are under the supervision of the Home Loan Bank Board.
Federal Natio__nal_Mortgage_Associ_atio_n Debe_nt_ures_- (FNMA) -
Payment of certificates are guaranteed by FNMA. Three types of
securities are available, debentures, short-term notes, and •
participation certificates.
A
5' of 8a'
4-
There may be additional funds which meet the State Auditor's
criteria, which I do not have information on. If in doubt,contact the State Auditor's Office.
Obligations of the State of Minnesota or Minnesota
Mu_nicipalities - Obligations of the State of other
Municipalities are rarely used, as the yield is usually less
than on United States Government obligations, because of tax
considerations.
A City may invest idle funds in its own obligations,
particularly in temporary improvement bonds authorized under the
local improvement code Minnesota Statutes 429.091. These
obligations must mature within three years.
Bankers Acceptances - Cities can invest in bankers acceptancesofUnitedStatesBankseligibleforpurchasebytheFederal
Reserve System. These instruments typically are created from a
letter of credit issued in a foreign trade transaction.
Maturities on Bankers Acceptances run from 30 to 180 days, which
the 90-day acceptance the standard. Historically, Bankers
Acceptances have been a very safe investment vehicle.
Com_me_rcial_Paper - Cities are authorized to invest in Commercial
Paper issued by United States Corporations or their Canadian
Subsidiary, if it is of the highest qualify (Al.Pl or better),
and matures in 270 days or less. Commercial Paper is a short
term unsecured promissory note. Commercial Paper is issued at a
discount, and matures at par. One of the most important factors
in determining whether an issuer's commercial paper is worthy,is the nature of the underlying bank line of credit. These
credit lines are of four kinds:
1. Standard Line Agreements (when activated, converts to a
standard bank note at a specific date.)
2. Swing Line (issuer may borrow one day and repay the
next.)
3. Revolving Line (long term flexible line of credit
virtually guaranteeing a bank loan at any time upon request
by the issuer.)
4. Irrevocable Letter of Credit (a Financial institution
guarantees unequivocally that funds will be available to
redeem the commercial paper upon maturity. This is the most
secure of the four. )
A
7 of~ 8)
A
3-6 of 8)
Feder_al_Land__Ba_nk_Notes__an_d__Bo_nds - Twelve Federal Land Banks
were organized under the Federal Farm Loan Act to provide long •
term farm mortgages at reasonable cost. The banks operated
under the general supervision of the Farm Credit Administration
and the Secretary of Agriculture. (No new issues being issued.)
Federal I_nterme_diate__Credit Bank Deb_e_nt_ures - The Federal
Intermediate Credit Bank debentures ranged in maturity from 1-9
months, and were issued every month. They usually were not as
marketable as Treasury Bills, but usually carried a little
higher interest rate. Twelve Federal Intermediate Credit Banks
were created under the Federal Farm Loan Act of 1923 and provide
funds for seasonal production processing, etc. The banks are
under the supervision of the Farm Credit Association, which is
under the direction of the Secretary of Agriculture (No new
issues being issued.)
Banks for Cooperatives - Debentures are issued for a maximum six
month period. There are fewer of these types of issues than the
other agency issues mentioned above. (No new issues being
issued.)
Fede_r_al_Fa_rm__Credit S~stem_Wide Bonds - These new investments
replace Federal Land Bank Notes and Bonds, i-~ederal Intermediate
Credit Bank debentures, and Banks for Cooperatives. Because of
market conditions, the majority are issued for short term
periods, but may go up to three years.
OTHER INVESTMENTS
S_ha_res_i_n_I_nvestme_nt _Com_panies_Whose_Onl~_Investments_are_United
States Government and Agency_Issues - Company must be registered
under the Securities Act of 1933, whose shares are registered
under the securities Act of 1940 (Mutual Funds) if the only
investments of the Company are in obligations of the United
States, or fully guaranteed by the United States or in
obligations of Instrumentalities of the United States, such as
those listed in Minnesota Statutes 475.66.
Funds which the State_A_uditors_Office_has_Indicated_Meet_State_
Investment Criteria -
Franklin Custodian Funds, Inc., United States Government
Security Series Lord Abbett, United States Government
Securities Fund (Lord Abbett), State Bond United States
Government Securities, Inc., Capital Alliance Bond Fund
United States Government Portfolio, Fidelity Institutional
Cash United States Government Portfolio
A
S_ (8 of 8)
Interest B_earing_Deposits_(_CDs,) etc_ - May be interest bearing
M checking accounts, money market savings account, CDs, and
ordinary savings account. Bank or Savings & Loan must be named
as a depository by the City, and all deposits over the $100,000
Federal insurance must be collateralized.
See separate section on collateralization.)
League_of_Cities - Mone Market Fund - An alternative is to use
the League of Cities program for the investment of your city's
idle funds. An advantage is that you have the benefit of
professional management. The League program offers a money
market fund as well as the availability of Certificates of
Deposit. For more information call 1-800-333-6000, ext. 6423,
or (612) 342-64223.
Repurchase Agreements - Short term transactions involving the
simultaneous sale of securities by the seller to the investor
and the agreement by the seller to repurchase at a later date.
Overnight Repo - refers to those transactions whereby the
repurchase occurs the next day. If properly handled, Repos
offer an investment alternative.
Government National Mortgage Association G_N_M_A. - a government
guaranteed security. A Certificate represents a share in a pool
of FHA or VA mortgages. A problem associa':ed with GNMAs is that
they are a long-term investment, and therefore subject to market
fluctuations.
2. Support for Persons Doing_the_Investing
Financial institutions can exert tremen
persons in smaller communities to place
funds with them. However, even a small
percent difference in interest earnings
substantial difference in the amount of
the City realizes.
Sous pressure on the
all of the City' s
fraction of one
can make a
interest earnings
It is, therefore, important that the person doing the
investing be given the support from City Attorney, City
Administrator, and Council, so that they can do the
investment job in the most professional way. This means
placing investment funds with the institution that gives the
city the best return on its investment.
U
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CURRENT 1989 INVESTMENT SCHEDULES
MATURITY PURCHASE INVESTED INVESTMENT INTEREST DAYS AMQUNT INTEREST
DATE DATE AT
N
TYPE RATE HELD INVESTED ACCRUED
00
02,Ob,90 08,17,89 MAkOLtETTE F. N.M.A 8.60 173 149784.87 6190.28
02,20,90 01,19,90 MARQUETTE REPO 7.95 32 140000.00 989.33
02,26,90 01,09,90 AMERICAN NAT C. P,8.08 48 400000,00 4309,33
Os',06,90 03,06,89 WITT FINANCE C. D.10.20 365 99000.00 10238.25
03,06,90 03,06,89 WITT FINANCE C. D.10.13 365 99000.00 10167,99
03,22,90 03,20,89 MERRILL LYNCH C. D.10.50 367 300000.00 3211250
03,28,90 03,21,89 MERRILL LYNCH C. D.10.10 372 50000.00 5218,33
04,25,90 04,20,89 MERRILL LYNCH C. D.9.90 370 66000.00 6715.50
06,19,90 12,21,89 WITT FINANCE C.D.8.70 180 99000.00 4306,50
06,19,90 12,21,89 WITT FINANCE C. D.8.65 180 99000.00 4281.75
07,03,90 07,20,89 MAROUETTE F. N. M. A.8.38 348 460000.00 37240.83
09,24,90 09,29,89 1ST NATL 5T PL C. D.8.73 360 643513.43 56178.72
09,24,90 09,29,89 1ST NATL ST PL C. D.8.35 360 55000,00 5427.50
10,01,90 09,29,89 WITT FINANCE C. D.8.75 367 50000.00 4460,07
10,10,90 10,10,89 MAROUETTE C. D.8.60 365 368324,00 32115.81
12,05,90 12,05,89 MAROUETTE C. D.8.40 365 9E251.00 7856.71
02,15,91 01,09,90 AMERICAN NAT TRS. NOTE 7.91 433 500000.00 47569.86
08,26,91 08,25,89 MAROUETTE F.N.L.8.60 730 200000.00 34877.78
11,10,92 12,05,89 MAR(31ETTE F. N. M. A.8.20 1071 425000.00 103676.75
B. BB 360.58 4305873.30 413935.79
AVERAGE AVERAGE TOTAL
RATE DAYS
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Three Pillars of Tallahassee's
Winning Investment Policy
Independent review of the city's investment practices, a comprehensive datacollectionandreportingeffort, and well-defined benchmarks for evaluatinginvestmentperformancesupportTallahasseesintegratedinvestmentl'po rcy.
By Robert B. Inzer and Linda B. Smith
Editor's note: The Government Finance
Officers Association's prestigious Awards
for Excellence recognize contributions tothepracticeofgovernmentfinanceexem-
plifying outstanding financial manage-ment. This article describes the 1989 win-
ning entry in the cash management cate-
gory. The award was presented to officials
om the City of Tallahassee, Fla., at
FOA's 1989 annual conference in Seattle,Washington.
e times, they are a'changin! The
1980s has been a period of growthandmaturityinmunicipalportfolioman-
agement. Previously, most local govern-ment's investment activity, exclusive of
pension funds, was a sleepy back-officeoperation. Operating portfolios were, byandlarge, small; the investment instru-
ments were limited to local cemficates of
deposit and U.S. government Treasurybillsandnotes; risk was minimal and
return as percentage of total revenues was,for the most part, not significant.
With the advent of the high interest rateenvironmentofthe70s, municipal port-folio managers became more aware of
managing their cash flow to ensure everydollarwasfullyinvested. At the sametime, many municipal portfolios grew aslocalgovernments' activities expanded to
meet state and federal mandates and
citizen demands for new services. Later, inthe80slocalgovernmentshadtosearch
for ways to fill the breach created by thewithdrawalofthefederalgovernmentfrommanyurbanprograms.
During this period, most governments
ought their securities from either localanksorthroughamoneycenterbank. It
was not very long before these larger port-
folios caught the eye of the securitybrokerseagertoexpandtheirmarket. AsinterestratesroseandfellinconcertwiththeU.S. economy moving through busi-
ness cycles, municipal portfolio managersenjoyedearninghigherreturns, and wheninterestratesfell, looked for ways to
maintain these higher returns.
A marriage occurred between securitiesdealersseekingtoexpandtheirmarketand
portfolio managers willing to consider new
investment alternatives with the promise ofhigherreturns. Unfortunately, many of the
municipal officials lacked the educationandtrainingtofullyunderstandtherisks
they were assuming and, in some cases,the expertise to even perfect their securityinterestintheseinstruments. Compound-ing this situation was the fact that the local
government investment manager was parti-cipating in an unregulated market.
The results for some of the less for-
tunate government officials became front
page news, while many others, sufferingmillionsofdollarsinlosses, have been able
to recover from their mistakes without
becoming a public issue. Although the
1985 collapse of E.S.M. Government
Securities Inc. caught several local govern-ments without collateral supporting their
repurchase agreements and became a
major media event, more money has been
a
t
ca~i ~
CIlY OF TALLAH~~SSEE
lost by municipalities kom speculating inthe "when issued" market or purchasingsecuritieswithmaturitiesbeyondacceptablehorizonsthanfromthe
E.S.M.-type situations. These losses havenotcomeasaresultofcorruption, kick-backs or even manager complacency, but
more often than not, as a result of an
over-zealous portfolio manager seekinggreaterreturnsinamarketheorshedid
not fully understand and because of thefailuretoestablishappropriatecontrolsandtomonitortheinvestmentprocess.
Investment Program: BackgroundDuringthepast15years, the City ofTallahassee's investment program has beeninastateofevolution. It began with nostructuredguidelines, no restrictions as to
maturity or credit considerations and noidentificationofthelevelofriskthecitywaswillingtoassume. No formal efforts
were made to evaluate the market, there
were no criteria for measuring or
evaluating the city's investment perform-ance and no investment results were pub-lished. Investment instruments were
limited to certificates of deposit and U.S.
Treasury bills. An investment maturityschedulewasselectedwithoutamarketanalysisbysimplyrollingovermaturinginvestmentsintolikeinstrumentsof
comparable maturity. The accounting forinterestwasrecordedonacashflowbasisonly. Securities were carried at cost with
no amortization/accretion of premiums ordiscounts, and the market value of the
securities was deemed to be unimportant.During those 15 years, many changesweretakingplaceintheinvestment
Dec~eeR 1989 GOVERNMENT FINANCE REVIEW 17
APPLICABILITY TO
OTHER ENTITIES
The concepts embodied in the City of
Tallahassee program are concepts that can
be applicable to any jurisdiction. Certain
components of the program would need to
be modified to meet an entity's particular
liquidity needs, level of risk tolerance and
degree of staff expertise, but the concepts
and the process are easily transferable. The
complexity of the evaluation will be deter-
mined somewhat by the composition of a
portfolio and the resources available with
which to collect and analyze the data The
poMolio management system supporting
the program must have the capability of
calculating returns on amarket-to-market
basis, taking into consideration the
amortization/accretion of premiums and dis-
counts and also gains and losses on sale.
The complexity of the pertormance
evaluation process is governed by the
number of classes in the portfolio profile
and the corresponding number of indexes
needed. This aspect of the process can be
made as simple or as detailed as desired.
environment with the introduction of
many new investment vehicles and
increasing volatility of interest rates. Talla-
hassee began to respond to the changing
environment by analyzing cash flow
requirements and adjusting maturities to
reflect these needs and the current
investment environment. The city moved
from investing only in U.S. Treasury bills
and local certificates of deposit to building
a portfolio that included commercial
paper, banker's acceptances, repurchase
agreements, U.S. direct and agency notes
and bonds, and even corporate notes and
bonds. Not only did the variety of
instruments held by the city increase; the
average maturity of the portfolio also
grew. During this time, the size of the
city's nonpension portfolio grew to its
current level of $285 million.
Three Support Pillars
As both the investment environment and
Tallahassee's own investment program
evolved, staff recognized that controls
needed to be put into place to protect the
city's assets. An investment policy was
adopted by the City Commission, as
provided by state law, that defined the
authorized investment vehicles to be
utilized and established maturity and credit
constraints. That policy alone did not
provide a prudent level of protection, and
18 DECEMBER t9H9 • GOVERNMENT FINANCE REVIEW
staff indicated that additional controls
were needed to support the investment
policy. Three additional controls or pillars
were identified as necessary:
an independent review process that
utilized knowledgeable individuals not
employed by the city;
a reporting process capable of providing
the data needed to support a
comprehensive analysis; and
benchmarks or tests to evaluate the
effectiveness of the investment program.
Review Process. The first pillar was the
creation of the Investment Advisory
Committee. Consisting of three members
of the local financial community appointed
by and answerable directly to the City
Commission, this committee meets with
city staff on a regular basis to review the
city's portfolio, provide input on market
conditions, and rewmmend changes in the
city's investment policy and program.
Reporting. The second pillar is multi-
faceted. In order to compile a report that
provides information necessary for a
comprehensive review of a portfolio's per-
formance, an entity's portfolio manage-
ment system must be able to capture data
that enable it to compute a return based
upon current market prices, amortiza-
tion/accretion of premiums and discounts,
and gains or losses on sales. This was
accomplished through the purchase of a
sophisticated portfolio management system
operating on a personal computer. This
system provides the accounting support
needed, reporting and analysis opportun-
ities, and market pricing and performance
evaluation capabilities.
The format of the report, sufficient to
effectively review and analyze the city's
investment performance, evolved over time
from input from the Investment Advisory
Committee. Currently staff generates a
quarterly report to the City Commission
and the Investment Advisory Committee
that summarizes the activity, structure and
performance of all city portfolios. Exhibits
1 and 2 illustrate graphic presentations
that are part of Tallahassee's regulaz
reports.
Performance Measurement Standards.
Performance measurement standards to
gauge the effectiveness of the city's invest-
ment management program is the third
pillar. The problem in creating this pillar
was that there were no universally
accepted benchmarks for measuring the
performance of a public sector's operating
portfolio. This was due, for the most part,
to the diversity in portfolio maturities and
instruments.
City staff recognized that measuring the
performance of its portfolio against some
randomly selected benchmark such as an
index for Treasury bills, money market
funds or state operated investment pools,
did not provide an accurate picture of the
effectiveness or efficiency of Tallahassee's
investment program. Therefore, bench-
marks and performance tests needed to be
established that: 1) most closely tracked
the maturity and structure of each port-
folio; and 2) measured the effectiveness of
shifts in the city's investment portfolio
structure to reflex anticipated changes in
interest rates. This process will be
described in detail in the following
sections.
Creating Appropriate Benchmarks
The first step in creating performance
measurement standards-the third pillar of
Tallahassee's program-was a review of
the city's investment policy and a historical
analysis of actual portfolio positions. This
review revealed that, due to the design of
the investment policy and the stability in
the size of the city's portfolio, there was
continuity in the overall structure of the
portfolio relative to maturity and credit
characteristics. Therefore, staff was able to
develop a profile of each portfolio by
creating investment classes based on aver-
age maturity and credit ~t.:aracteristics.
The following classes were determined to
be representative of the city's operating
portfolio.
A. The liquidity portion of the portfolio
consisting of securities with maturities
of less than 90 days. The major portion
of these securities will be commercial
paper, banker's acceptances, repurchase
agreements and astate-operated pooled
fund.
B. Securities with maturities of more than
90 days but not more than one year.
This portion consisted predominantly
of U.S. Treasury direct and agency
bills, and notes (both discount and
coupon).
C. Corporate securities. This portion
included commercial paper with matur-
ities longer than 90 days, medium-teen
notes, bonds and other similar
securities. The city's investment policy
sets a maximum maturity of five yeazs
for corporate securities; the overall
average maturity of these securities is
two and one-half years. The lowest
rating that can be held is Al /A+ .
D. The final portion is the balance of the
portfolio, consisting primarily of U.S.
Treasury notes and bonds and agency
notes and bonds. The city's investment
policy sets a maximum maturity at
purchase for U.S. Treasury securities at
seven years and an overall average of
three and one-half yeazs. For agency
securities, the maximum maturity is five
years and the overall average two and
one-half years.
These classes are used in the performance
test, as described below, to evaluate
Tallahassee's portfolio's performance for
the current reporting period against
market indexes selected to approximate
the performance of a similarly constructed
passive portfolio.
A "Normal" Portfolio
Using these classes and analyzing the
historical portfolio structure over a multi-
year period, staff developed a "normal
portfolio." This normal portfolio repre-
sents the structure of the portfolio in a
market/economic environment of stable
interest rates, a normal yield curve and a
forecast of relatively stable interest rates.
As identified through this method, the
epresentative classes and percentages of
e portfolio in each class are:
20 percent, assumed to be the percent
of the portfolio in securities with
maturities of less than 90 days.
F. 25 percent, assumed to be the percent
of the portfolio in securities with
maturities of greater than 90 days but
not more than one year.
G. 15 percent, assumed to be the percent
of the portfolio in corporate securities
with maturities greater than one year
and a total average maturity of not
longer than two and one-half years.
H. 40 percent, assumed to be the percent
of the portfolio in U.S. government
securities with maturities of greater
than one year and a total average
maturity of not longer than three and
one-half years.
This normal portfolio is a staric portfolio,
based upon the city's liquidity needs and
risk tolerance. It is used in the structure
test to evaluate the decisions of staff in
altering the portfolio structure in
anticipation of or in response to changes i~
the direction of interest rates or other
mazket forces.
Identification of Indexes
Once the investment classes were estab-
ished, the next step was to identify the
Exhibit 1
DISTRIBUTION BY MATURITY
MERGED GENERAL OPERATING PORTFOLIO AT 6130/89
1 year - 2 years 29.2%
90 days - 1 year 26.8%
60 davs - 90 day
ears - 3 years 8.3%
3 years - 5 years 1.7%
Over 5 years 1.1
nder 30 days 20.5%
30 days - 60 days 10.3%
Exhibit 2
DISTRIBUTION BY MARKET SECTOR
MERGED GENERAL OPERATING PORTFOLIO AT 6/30/89
Comm Paper 6.6%
Corporates 12.9% Bank Accep 3.6%
t a S trl C:D..5%
S.B.A. 12.2%
03 •Y
Agcy Issue 20.7%
f.
r
1
Govt Issue 41.7%
mazket indexes that most closely approx-
imated the structure of these categories.
The identified indexes would be utilized in
both the performance and the structure
test, as described below. They needed to
be indexes whose integrity the market
recognized; they also needed to be readily
available to city staff. The indexes identi-
fied by Tallahassee as providing a return
most representative of the investment
classes defined in Step 1 (A through D
above) of this process are:
I. Three-Month High Grade Commercial
Paper Average Quarterly Return Index,
Annualized, as provided by the Bloom-
berg Financial Mazkets Information
Delivery System.
J. 182-Day U.S. Treasury Bill Quarterly
Index, Annualized, as provided by
Merrill Lynch Capital Markets Fixed
Income Research Department.
K. Short-Term (1-2:99 years) High and
Medium Quality Corporate Index,
Annualized, as provided by Merrill
Lynch Capital Markets Fixed Income
Research Department.
L. Short-Tenn (1-2.99 years) Treasury
Index, Annualized, as provided by
Merrill Lynch Capital Markets Fixed
Income Research Department.
Development of Tests
Using these pieces of information, the
investment classes and the market indexes
identified, two measurement tests were
DECEMBER S9$S • GOVERNMENT FINANCE REVIEW 19
movements in interest rates. The normal
portfolio created earlier in this process,
along with the market indexes identified,
are used to perform this test. The calcula-
tion for the structure test is as follows:
ExI)+(FxJ)+(GxK)+(HxL)=Test II
Index, where:
E, F, G and H =Classes identified above
for normal portfolio.
I, J, K and L =Market indexes identified
above.
Given the size and stability of the port-
folio, Tallahassee has a much longer time
horizon than generally found in most other
government entities. Therefore, the city
can take positions in the market based on
the anticipated direction of interest rates.
The structure test is designed to measure
the effectiveness of staff in this area of
tactical asset management and is particu-
larly necessary for the city due to its longer
investment horizon and the need for
accountability for these investment
decisions.
After computation of the performance
and the structure tests, the results are then
compared to the actual return of the port-
folio for the period under review to deter-
mine the effectiveness of the city's invest-
ment management program.
City staff believes that, even though
there are some minor flaws in the measure-
ment tests related to the inability to
capture and accurately reflex intraperiod
changes in the portfolio, the investment
policy together with the performance test
helps Tallahassee achieve several very
important goals.
It transfers the responsibility for
evaluating the performance from a lay
board to an independent committee of
qualified professionals.
It provides an appropriate vehicle for
evaluation-the quarterly report.
It provides measurement standards with
which to judge performance and insure
accountability.
Public fund managers' primary respon-
sibility always must be to preserve
capital and, beyond that, to maximize
return within an acceptable and defined
level of risk. The City of Tallahassee's
program, with its foundation of a strong
investment policy enhanced and sup-
ported by comprehensive reporting, an
intensive review process and applicable
performance evaluation, allows suffi-
cient latitude for the prudent maximiza-
tion of return on the city's assets within
a well-defined, acceptable exposure to
risk. ^
COST
The ongoing costs of this program are
related to the compilation, generation and
review of the quarterly investment reports.
Approximately 20 staff hours per quarter
are utilized by the City of Tallahassee in the
production, presentation and analysis of this
report. Other significant expenses are the
costs of the software used in the investment
program and the information delivery
system used for pricing the portfolio.
Additional incidental costs are materials
and supplies for the publication of the
report, which depend on the size of the
report and number published. Total labor,
software, materials and information delivery
system costs for the City of Tallahassee. per
quarter are estimated to be $7,200.
If an entity were to use.outside sources
brokers, banks, etc.) for pricing, the
required staff hours would increase pro-
portionately with the size of the portfolio.
developed. The tests were adopted as an
attachment to the investment policy, with
provisions for a revie;v and updating by
the Investment Advisory Committee as
needed.
Test I-Perfonmance Test. This test was
constructed to analyze the performance of
the city's portfolios as measured against
the performance of passive portfolios with
a similar structure of maturities and types
of instruments. The purpose of this test is
to determine the added value from active
portfolio management vs. passive; it dis-
regards value added or losses incurred in
association with changes in portfolio struc-
ture. The calculation for the performance
test is:
AxI)+(BxJ)+(CxK)+(DxL) _
Performance Index, where:
A =Percent of portfolio in securities of
less than 90 days maturity at end of
quarter being evaluated.
B =Percent of portfolio in securities with
maturities at the end of the quarter of
more than 90 days but not more than 1
year.
C =Percent of portfolio in corporate
securities at end of quarter being
evaluated.
D = 100 percent less percentages from A,
B and C above.
I, J, K and L =Market indexes identified
above.
Test II-Structure Test. This test was
constructed to test the value added
through city staff's repositioning of a port-
folio in anticipation of or in response to
Conclusion
Tallahassee's investment policy has
evolved during a decade and a half,
spurred by a changing investment environ-
ment with its new investment vehicles and
volatile interest rates. City officials recog-
nized the need for controls and a sophis-
ticated monitoring system if they werc to
realize a prudent level of protection for
their growing portfolio. The resultant
investment policy rests on three pillars
which provide its support and strength: an
independent review process, detailed
reporting capabilities and standards for
evaluating effectiveness.
The city's investment policy includes
requirements and provisions for each of
the three pillars to enhance the effective-
ness of the policy. The policy creates the
Investment Advisory Committee as a
vehicle for independent review and sets up
responsibilities for the committee in their
relationship with city staff and appointed
officials. Regular and comprehensive
reporting is required, and the policy
mandates the establishment of indexes to
be utilized in the ongoing performance
measurement of the city's portfolios.
ROBERT B. INZER, city treasurer-clerk of
Tallahassee, has beeu with the city 17 years. He is a
member of the GFOA Executive Board, bas been a
member of GFOA's cash management and debt
committees, and is apast-president of the Florida
GFOA. LINDA B. SMITH, inveShnent OffiCCr in the
Cash Management Division of the city treasurer's
office, has been with the Tallahassee government 10
years and is an active member of both GFOA and
the Flroida association.
20 DECEMBER 1989 GOVERNMENT FINANCE REVIEW
Consent___
Agenda Item: F-g
Yolicy_= CITY OF lALCON gEIGHTS Mcetiag Date: 2/14/90
1tEQUEST !OR COUNCIL CONSIDERATION
DRAFT
2-1-90
TRAVEL POLICY
Purpose
To provide for City officials, employees and volunteers to
participate in local, metropolitan, regional and national
meetings, conferences, programs and seminars that directly
benefit the City of Falcon Heights; and to allow City personnel
to perform job duties and responsibilities which require travel.
The following policies and procedures shall govern payment by
the City of Falcon Heights City Officials (with the exception of
elected officials), employees and volunteers for travel.
Policy
All reimbursement is subject to approval. The City may
authorize reimbursement of travel expense incurred by City
Officials, volunteers and employees which serves a public
purpose. The travel expense must be necessary, convenient and
incurred solely and directly by the City Officials, employee or
volunteer.
Employees shall be paid for meetings they attend as
representatives of the City and for training required to carry
out their City responsibilities with prior approval. Volunteer
firefighters shall be paid at their training rate. Hourly
employees shall be paid at their regular hourly rate. Salaried
employees shall not receive additional compensation.
Procedure
1. Approval
a. Employees. Employee and paid volunteer travel for
specific events or functions requires prior
approval by the employee's supervisor and the City
Administrator.
b. City Officials. Travel by Commission members, or
other non-paid volunteers requires
approval by the City Council.
c. Routine Travel. In situations where routine travel
is required as part of the job responsibilities,
employees shall generally submit monthly claim
requests and the City Administrator shall
document approval in writing.
2. Travel Time. The City Administrator shall be
responsible for determining the number of days allowed
for travel by employees.
a. If a reduced air fare requires an employee to spend
an additional non-workday in the destination city,
and if the reduction in air fare totals more than
the extra day's lodging and per diem, plus $25,
then the employee will be reimbursed for the extra
day's lodging and per diem.
b. Any excess travel time, falling within the
normally scheduled work week, shall be at the
employee's own expense; i.e. vacation, holiday
or leave without pay.
c. Travelers taking advantage of reduced air fare by
staying longer than required by the conference or
meeting should attach an explanation to their
Travel Expense Report showing the savings to the
City.
3. Travel Requests.
a. Over 50 miles or Requiring Overnight Travel.
A travel request for a specific event or
function over 50 miles from City Hall or requiring
overnight travel shall be submitted to the
supervisor on a Travel Expense Report (Attachment
A). The supervisor shall submit the Travel Expense
Report to the City Administrator for approval.
Travel information must include destination,
duration of stay, method of travel, estimated
expenditures, amount of any requested advance
payment and reason for travel. A copy of the
registration and/or brochure must be attached to
the Travel Expense Report.
b. One-Day Local Travel. Travel requests for
one-day events or functions not requiring
overnight travel, must be submitted to the
supervisor on Personnel Action Forms. Expenses
must be documented with receipts and turned in
on Payment Expense Report for reimbursement.
4. Allowable Expenses.
a. Local Travel. Less than 50 miles from Falcon
Heights and not requiring an overnight
stay.
1. Registration
2. Actual Meal Cost, if not included in
registration fee.
3. Mileage Reimbursement.
2 -
b. Long Distance.
1. Registration
2. Lodging
3. Inter-City Transportation
4. Per Diem. (Includes meals, Intra-City
Transportation, and miscellaneous
expenses) adjusted for actual expenses
upon return.
5. Reimbursement.
a. Travel Advance. Travel advance checks in the amount
identified on the Travel Expense Report will
generally be processed in the City's payment cycle.
Unused portions of a travel advance must be returned
to the City with the Payment Request Form completed
within three weeks of return.
b. Payment Request Report. Upon return from travel to
a specific event or function, the City official,
employee or volunteer must complete a Payment
Request Form within three (3) weeks to receive
reimbursement.
c. Documentation. Every reasonable effort must be
made to obtain receipts for all reimbursable
expenses. Documentation shall be in the form of
cancelled checks, receipts, or other written
confirmation.
d. Personal Vehicle Use. Expenses incurred for use of
personal vehicle for City business.
1) Reimbursement requests for routine
recurring expenses such as mileage to and
from inspections, meetings and appointments
using a private vehicle must be submitted to
the supervisor on the City's Payment Request
Form by the end of the calendar year.
2) Employees must submit proof of insurance on
automobile liability on an annual basis and
update whenever insurance policy is changed
or amended.
3) Payment for mileage shall be based on a per
mile basis at a rate established by the City
Council unless otherwise agreed to by the
City Council.
4) In the event of ride-sharing, the appropriate
percentage will be allowed. Mileage will be
reimbursed at the current rate approved by
3 -
the City Council.
e. Actual Expenses. Travel reimbursements shall be
made to officials, employees and volunteers for
actual expenses. No reimbursement shall be made to
the employee or official unless the City receives
documentation of expenses. Documentation shall
include invoices, bills, and letters confirming
registration or reservations for the meeting,
conference, transportation or lodging
accommodations.
f. Travel Arrangements. Whenever possible, employees
should utilize the services of the City or "event"
designated travel agent or agency to ensure the
most economical transportation and lodging
arrangements.
g. Per Diem.
1. Per diem expenses shall be authorized only for
travel to a destination in excess of 50 miles
or requiring overnight travel.
2. Actual costs, up to a maximum of $35 for each
day or fraction thereof, will be allowed for
meals, and miscellaneous expenses such as phone
calls, meal and hotel gratuities. Receipts are
not required; however, only actual expenses are
to be reimbursed and must be itemized on the
Payment Request Form.
When meals are included in registration fees,
or not otherwise allowed, the per diem
allowance shall be reduced as follows:
Breakfast $4.00
Lunch $6.00
Dinner $10.00
The City Administrator shall develop a list of
high cost cities on an annual basis and may
authorize per diem expenses of up to $50 for
each day or fraction, for employees travel to
those cities.
When meals are included in registration fees,
or otherwise not allowed, the per diem
allowance shall be reduced as follows:
Breakfast $6.00
Lunch $9 .00
Dinner $15.00
h. Lodging. Accommodations shall be selected based on
4 -
reasonable costs, available space, and convenience
to the location of the event. City officials,
employees and volunteers may claim only the actual
and necessary cost of a single occupancy or
one-half the cost of a double occupancy, whichever
is used. Sharing of accommodations is encouraged,
if appropriate.
Lodging expenses will be reimbursed for events as
follows
1) For the night prior to the event if it starts
in the morning and there is no flight in at a
reasonable time and/or if it is an
unreasonable distance to drive.
2) For the night on the last day of an event if
there is no flight out at a reasonable time
and/or if it is an unreasonable distance to
drive.
i. Meals. Reimbursement for meals shall be at a
reasonable cost. If the City official, employee
or volunteer attends a meeting as a representative
of the City and a meal is part of the meeting or
event, the cost of the meal will be reimbursed to
the employee, volunteer or official. In the event
that meals are included with the registration or
tuition fee, other charges for meals shall not be
allowed.
Allowable meal costs include:
1) Breakfast if departure from Falcon Heights
is prior to 8:00 A.M.
2) Dinner if arrival in Falcon Heights is
after 7:00 P.M.
3) Three (3) meals per full day at an event
over 50 miles from Falcon Heights or
requiring overnight travel.
j. Miscellaneous Costs.
1) Alcohol. No reimbursement shall be allowed
for alcoholic beverages.
2) Telephone Use. Telephone calls of a business
nature shall be allowed. A list of calls
made, to whom, and reason must be submitted.
3) Other Expenses. Tips, registration, and
supplies shall be reimbursed if required for
the event. Cost of taxi fares, secretarial
5 -
services, copying and similar items necessary
to performing City business shall be allowed.
Any violation or abuse of the provisions of this policy shall
subject an employee to disciplinary action up to and including
dismissal.
C7
6 -
CITY OF
FALCON HEIGHTS
TRAVEL EXPENSE REPORT
DO NOT WRITE IN SHADED AREAS
FUND f Department: ACCOUNT
I ~~ ~ I L
epartment:
Destinationlsl:
Purpose of Trip:
attachment A
CRAFT
1-22-90
Date Submitted:
none
End i rip: iOT.~.L CORK
Start Trip: I Time DAYS -
Time Date
Date
ATTACH COPY OF CONFERENCE OR MEETING AGD~IAIHL STARTING AAIDSENDINGSDATESSTING
REGISTRATION FEE, `'IEAI-S INCLUDED, AND .
ORIGL~'Y,=1L RE'CEIPTS (FYCFPT FUR PER DIE.IfJ a1 L'ST BE .-ITT.-1CHE'D TO RFCF.IVE CREDIT FOR E'iFE:VDITL'R F'S.
REIMHURSEMENT j
i ?EAVEL :\DVA;;CE
ITcM CATEGORIES I i VOUCHER NO. { AMOUNT ~ REQUESTED I APPROVnD
NUMBERI t`
DA_c
I
1, I Number of Davs Authorized I
S ~ 5
f
Meais and Miscellaneous (actual expenses) I ~
I 'S ~
3 Lodging -Single Room Rate
I ~
4. I Registration
5. I Intercity Transportation
6. Intrrciry Transportation
5S
7. TOTAL .........................•--....................................................
TOTAL TRAVEL EXPENSES
TOTAL PREPAYMENT AMOUNT TOTAL REIMBURSEMENT AMOUNT
g
S + S
NOTE: The abhvanreiom~bersdelme~ngtpro ess. All persons sign nlgthis norm declare undertpenalt esl o ~ awltha~the entor estmade o?attestedbo
the city throng Y C?iY OF FALCON 3EIGxTS
herein are in accordance with the travel regulations of the
Date:
I Traveler Signature:
Traveler (print name:
Date:
Departmental Approver Signature:
Departmental Approver (print name):
Date:
j City Finance Officer/Designee Signature:
Final Claim Approver CI'_^_' ADMINIS?Rin?OR (SiG;7ATURE) DAT_:
I i
Attachment B CITY OF FALCON HEIGHTS
2077 [d. LARPENTEUR AVE.
FALCON HEIGHTS, MN 55113
PAYMENT REQUEST FORA
Date:
i i ~,
i ~i i~
i
i i
Remarks:
I declare under the penalties of law that this account, claim or demand is
just and correct and that no part of it has been paid.
Dept. Head`s Approval
Date
Name of Claimant (Please Print)
Signature of Claimant
Street Address
City and State Zip Code
Month
JW/pp
o~,_^
1990 LIST OF HIGH COST AREAS
The City's travel regulations effective requires the City
Administrator annually to develop a list of high cost cities for which de-
partment heads may authorize per diem expenses of up to $50.00 per day.
If no city is shown for a state, all cities within that state will qualify
for increased per diem. All other areas will be considered at the $35.00
per diem rate. Reimbursement for per diem is for authorized actual expenses
up to the maximum amount allowed.
Arizona - Phoenix/Scottsdale
California
Colorado
District of Columbia
Florida - Ft. Lauderdale, Orlando,
Tampa, St. Petersberg, Miami
Georgia - Atlanta
Illinois - Chicago
Indiana - Indianapolis
Kansas - Kansas City, Wichita
Louisiana - New Orleans
Maryland - Baltimore
Massachusetts - Boston
Michigan - Detroit
Missouri - Kansas City, St. Louis
Nevada - Las Vegas
New Jersey - Atlantic City, Newark
New York
Ohio
Oregon
Pennsylvania - Philadelphia
Rhode Island
Texas - Austin, Dallas, Galveston, Houston,
and San Antonio
Utah - Salt Lake City
Virginia
Washington - Seattle
Wisconsin - Madison, Milwaukee
Consent
P~ cy X CI?Y OF FALCON BEIGflTS
REQUEST FOR COUNCIL CONSIDERA?ION
ITEri DESCRIPTION:
SUBMITTED BY:
REVIEi~ED BY:
ETHICS .POLICY FOR FALCON HEIGHTS PUBLIC OFFICIALS
Carol Carlson
Jan Wiessner
PLANATION/STJl44ARY (attach additional sheets as necessary)
F-9
Agenda Item:
Meetiag Date:2/14/90
Attached is Draft ~~2 of the proposed. Ethics Policy for public officials.
The first draft of the policy .was presented to Council on August 9, 1989
in ordinance format.
The policy addresses conflicts of interest, acceptance of gifts, disclosure
of financial interests prior to discussion and voting, disclosure of
confidential information, and solicitation of campaign funds. The proposed
policy affects Council, Commissions, the City Administrator, Accountant,
City Planner and City Clerk.
ATTACHMENT
Draft ~~2 of Ethics Policy
ACTIOr REQUESTED: Discussion
DRAFT #2
1-22-90
ETHICS POLICY FOR FALCON HEIGHTS PUBLIC OFFICIALS
Purpose. The purpose of this policy is to establish ethical
standards of conduct for City Officials.
Policy. General Declaration of Policy. It is imperative that
all persons acting in the public service not only main-
tain the highest possible standards of ethical conduct
in their transaction of public business but that such
standards be clearly defined and known to the public
as well as to the persons acting in public service.
The proper operation of democratic government requires
that public officials be independent, impartial and
responsible to the people; that governmental decisions
and policies be made in the proper channels of the
governmental structure; that public office not be used
for personal gain; and that the public have confidence
in the integrity of its government.
Section 1. Definition Of Terms.
Direct financial interest" is defined as an interest
as would involve a reasonable likelihood of gain
having a monetary value of substance.
Blood relationships" and "Marriage relations" are
defined as immediate family relationships
including: spouse, children, grandchildren, mother,
father, father-in-law, mother-in-law, stepfather,
stepmother, brother, sister, sister-in-law, and
brother-in-law.
Public Officials are defined as all public
officials either elected, appointed, or employed by
the City, who serve in a supervisory, decision-
making or advisory capacity in the City of Falcon
Heights.
This shall include the Mayor, members of the
council, advisory commissions, committees, boards,
consultants designated by the City Council from time
to time to handle city matters (including the City
Attorney and all members of his or her firm, the
City Engineer and all members of his or her firm,
City Administrator, City Clerk, City Accountant, as
well as candidates for the offices of Mayor and City
Counc i 1.
Section 2. Responsibilities of Public Office. Public officials
are agents of public purpose and hold office for the
benefit of the public. They are bound to uphold the
Constitution of the United States, the Constitution
of the State; to impartially to carry out the laws
of the nation, state and municipality; and to foster
respect for government in general. They are bound
to observe the highest standards of morality in
their official acts and to discharge faithfully the
duties of their office.
Section 3. Dedicated Service. All officials of the City shall
be dedicated to fulfilling their responsibilities
of office. They shall be dedicated to the public
purpose and all programs developed by them shall be
in the community interest .
Public officials shall not exceed their authority,
breach the law or ask others to do so, and theyshallworkinfullcooperationwithotherpublic
officials and employees unless prohibited from
doing so by law or by officially recognized
confidentiality of their work.
Section 4. Fair and Equal Treatment.
A. Voting. If a council member, commission member
or committee member has a financial interest in a
business, investment, or transaction, which has a
matter pending before the Council, commission or
committee of which he or she is a member, he or she
shall not participate in the discussion as such
public official or vote on the matter. Whenever two
or more members shall declare an interest in the
matter as set forth, then every member of the CityCouncilshallberequiredtovoteonazoningordinanceorotherformofamendmenttotheCity
Zoning Code which requires a four-fifths favorable
vote for approval and/or enactment (as prescribed
by pertinent provisions of the state statutes for
the State of Minnesota); provided that all of such
required votes by members of the City Council shall
only be cast and tallied following a full public
discussion of the item being voted upon. Duringthecourseofthediscussioneverycouncilmember
having either a direct financial interest or
personal interest shall make a full disclosure of
the same. All such disclosures shall also be made
a matter of the public record along with the
recording of the votes relating to the subject
matter.
B. Disclosure Prior to Discussion. No person
covered by this Code of Ethics shall take anyofficialactionwithrespecttoamatterinwhich
he or she has a direct financial interest or per-sonal interest which arises from blood or marriagerelationships; provided that participation in the
2 -
decision-making process on his or her own behalf as
a private citizen shall not be prescribed by this
Ethics Policy. He or she may participate in matters
leading up to or preliminary to official action to
the extent that he or she disclosed any such direct
financial or personal interest he or she may have in
the same and to the extent that he or she has no
discretion to make a final controlling judgment or
vote on the same. Disclosure of any such financial
or personal interest shall be made to the council,
board, commission or committee of which the person
is a member when the item appears on the agenda.
Such disclosure shall be recorded in the minutes and
become a matter of public record
C. Disclosure of Conf idential Infon
person covered by this Ethics Policy
proper legal authorization, disclose
information concerning the property,
affairs of the City, nor shall he or
information to advance the financial
private interest of any person
nation. No
shall, without
conf idential
government, or
she use such
or other
D. Acceptance of Gifts, etc.
1) No person covered by this Ethics Policy
shall directly or indirectly solicit any gift
and/or service.
2) Gifts of any size are unacceptable under
circumstances in which it could be reasonably
expected to influence him or her in the
performance of his or her official duties, or is
intended as a reward for any official action on
his or her part.
3) The following are examples of gifts and
gratuities which may be acceptable:
a) Awards for meritorious civic service
contributions;
b) Unsolicited items that are donated to
and shared by the group;
c) Unsolicited advertising or promotional
materials such as pens or calendars with
a value under $50.00;
d) Unsolicited gif is when the gif t is in
connection with widely attended
gatherings such as receptions and grand
openings where other dignitaries have
been invited, and where the official or
employee is invited in his or her
3 -
official capacity and where if he or she
did not attend it would reflect
negatively on the City.
E. Soliciting Election Campaign Funds. Public
officials and staff covered by this policy shall not
solicit funds from City employees for his or her
campaign or any other campaign for public office.
F. Representing Other's Interests. No public
official may represent a person or association
before council, any committee, commission or agency
of the City, nor shall he or she represent another's
private interests in any action or proceeding against
the interests of the City in which the City is a
party.
G. Financial Gain from Sale, Lease or Contract.
Except as specifically authorized by Section 471.88
of the Minnesota Statutes, no person covered by this
Ethics Policy who is authorized to take part in any
manner in making any sale, lease or contract in his
or her official capacity shall have a direct financial
interest in that sale, lease or contract or personally
benefit financially from the sale.
Section 5. Handling Conflict of Interest Allegations. When the
City receives a complaint of a conflict of interest
involving officials other than the city council or
the city administrator, then the city administrator
shall conduct or coordinate the investigation and
report the findings to the city council. In the
event the allegations involve the city adminis-
trator, city attorney or city council, then the
investigation shall be conducted by an investiga-
tor not directly involved in city matters.
Section 6. Public Disclosure by City Council. Within 30 days
after the effective date of this Ethics Policy each
person covered under this policy shall file, as a
public record in the office of the City Clerk, a
signed statement disclosing the following:
A. A list of the names of all business corpor-
ations, government agencies, companies, firms or
partnerships or other business enterprises doing
business with the City of Falcon Heights or at some
location within the City of Falcon Heights
1) with which he or she is connected as an
employee, officer, owner, director, trustee,
partner, advisor, consultant, fiduciary (other
than as a nominee) or
4 -
2) in which he or she has any continuing
financial interest, through a pension or
retirement plan, shared income, or otherwise,
as a result of any, current or prior employment
or business or professional association, or
3) in which he or she has any financial
interest through the ownership of stocks,
bonds, or other securities.
B. A list of his or her interests in real prop-
erty (except homestead) or rights in the same
located within the City of Falcon Heights.
1) Each person who files as a candidate to
become a member of the City Council, at the
time of filing as a candidate, shall also
file the disclosure statement required by
this section.
2) Within 30 days after each anniversary
date of an initial filing, each person re-
quired to file under this section shall file
a new disclosure statement.
3) Material changes in financial interest
or in positions held shall be disclosed by
filing an amended disclosure statement within
30 days after such interest is obtained or
such change in position occurs.
C. This Ethics Policy shall not be construed to
require the filing of any information relating to
any person's affiliation with, or interest in, any
professional society, charitable, religious, social,
fraternal, educational, recreational, public service,
civic or political organization, or similar organiza-
tion not conducted as a business enterprise or govern-
mental agency and which is not engaged in the owner-
ship or conduct of such a business enterprise or
governmental agency. Nor shall disclosure be required
where prohibited by professional or business associa-
tion ethics promulgated by any state agency.
Section 7. Effective Date. The effective date of this Policy
shall be 1990.
5 -
EXHIBIT "A" TO ETHICS POLICY
OF THE CITY OF FALCON HEIGHTS, MN.
STATE OF MINNESOTA )
COUNTY OF RAMSEY
The undersigned, as a public official of the City of
Falcon Heights, Minnesota, being first duly sworn upon oath,
deposes and states:
1. That the following constitutes the address and/or
legal description of each parcel of real estate, situated in the
City of Falcon Heights, Ramsey County, Minnesota (other than
real estate occupied by the undersigned as a personal
residence), in which the undersigned, directly or indirectly,
holds any interest including the right to occupy said property:
LJ
2. That the following constitutes the names of all
businesses, corporations, companies firms, partnerships, or
other business enterprises, doing business with or in the City
of Falcon Heights, in which the undersigned is connected, as an
employee, owner, director, officer, adviser or consultant, or in
which the undersigned has a continuing financial interest
through ownership of stock or as a beneficiary of any pension or
retirement plan:
3. That the interests set forth in 1 and 2 above,
include any interest therein of the undersigned's spouse,
mother, father, father-in-law, mother-in-law, step-father,
step-mother, brother, sister, sister-in-law, brother-in-law,
children, grandchildren or other member of the undersigned's
household.
1_
Page 2
Exhibit "A" to Ethics Policy
4. That the undersigned has read and is familiar with
the provisions of the Ethics Policy approved by the Council of
the City of Falcon Heights on .
Subscribed and sworn to
before me this day of
19
Notary Public
2 -
Consent Agenda Item: F-10
p` cy X
CITY OF lALCOI~ flEICHTS
i Mceting Date: 2/14/90
ItEQUES? FOR COUNCIL CONSZDERA?ION
r~
C~
ITEM DESCRIPTION:
PERSONNEL .COMPENSATION PROGRAM
SUBZSITTED BY:Jan Wiesner
REVIE~FED BY:Staff
B~LANATION/SUMMARY (attach additional sheets as necessary):
The following Personnel Compensation Program revisions are proposed:
1. Page 1, Step 3: 18 months (this is a clarification as the original plan
indicated 12 months and the intent was 12 months after
the 6 month probationary period.
2. Page l:Employees will be eligible for review at the first of
each year rather than on their anniversary date.
1 and3. Pages 3: Increasing the number of steps from 3 to 5 with an
exceptional performance step.
4. Page 6:Decrease in the number of training levels and increase
in the number of years of experience categories (this
reflects the concept that in the Public Works Maintenance
Aid position, specific training and years of experience
are more relevant to job performance than years of
college.
ACTIOr REQpESTED:Discussion