HomeMy WebLinkAboutCCAgenda_89Aug9CITY OF FALCON HEIGHTS
AGENDA
AUGUST 9, 1989
WORKSHOP: 6:00 P.M. Presentation by Professional Ventures,
Inc. re: Redevelopment Plans for SE Corner
of Snelling and Larpenteur
A. CALL TO ORDER: 7:00 P.M.
B. ROLL CALL: WALLIN BUSH CIERNIA P. CHENOWETH
BALDWIN WIESSNER S. CHENOWETH
ATTORNEY ENGINEER
C. APPROVAL OF MINUTES OF JULY 26, 1989
D. PUBLIC HEARINGS: NONE
E. CONSENT AGENDA:
1. Disbursements
a. General Disbursements through 8/2/89, $26,137.34
b. Payroll, 7/15/89-7/31/89, $11,226.78
2. Cancellation of Check #22507
3. Commission Minutes
a. Planning Commission Minutes of 7/10/89
b. Solid Waste Commission Minutes of 7/13/89
4. MNDOT Agreement
5. Final Payment to Bituminous Roadways for Sealcoating
6. Licenses:
Schreiber, Mullaney Construction #359
Superior Roofing #358
Dependable Heating & Air Conditioning #357
Furniture Plus #360
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
1. Code Amendment Relating to Alarm Systems
Chapter 3, Part 5.01)
ACTION:
2. Sheriff's Department Budget/Cost Sharing Formula
ACTION:
3. Cc
CE
AC
4. Ci
AC
5. Or
AC
G. ANNOUNC
H. ADJOURN
ACTION:
WORKSHO
Consent
Policy
w~shop x
COUNCIL WORKSHOP
6:00 P.M.
CITY OF FALCON HEIGATS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item:
Meeting Date: 8/9/89
MINUTES
REGULAR CITY COUNCIL MEETING
JULY 26, 2989
Baldwin called the meeting to order at 7:00 P.M.
ALL MEMBERS PRESENT
Baldwin, Bush, P. Chenoweth,
were Maurer, Wiessner and S.
MINUTES OF JULY 12, 1989 APP
Council approved the Minutes
CONSENT AGENDA APPROVED
The following Consent Agenda
Ciernia, and Wallin. Also presentChenoweth.
ROVED
of July 14, 1989 as presented.
was approved:
1. Disbursements:
a. General Disbursements Through 7/26/89, $95,742.78b. Payroll, 7/1/89 - 7/15/89, $13,106.232. Ratification of Increase in 1989 Sealcoating Cost3. Designation of Streets to be Posted "No Parking" DuringStateFair
4. Memo Dated 7/17/89 Regarding North Suburban CableCommission's Move from City Hall
5. Planning Commission Minutes of July 10, 1989Licenses:
Ken's Roofing, #353, John Beissel, Inc., #356, ConceptDesignsBuilders, Inc., #346, and R.A.O. Construction355
DISCUSSION PROPOSED ORDINANCE 0-89-12 RELATING TO RESIDENTIALSETBACKS
Planner Tim Malloy and Planning Commission Chair David Black,explained the rationale for the changes recommended by thePlanningCommissionfollowingtheirPublicHearingonJuly 10,1989. Council thoroughly discussed the matter and after makingsomechanges, P. Chenoweth moved adoption of Ordinance 0-89-12.Upon a vote being taken, the following voted in favor thereof,Bush, P. Chenoweth, Wallin and Baldwin, and the followingagainstthesame, Ciernia. Motion carried.
ORDINANCE 0-89-12
AN ORDINANCE AMENDING SECTION 9-4.01, SUBDIVISION 4 (LOTAREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS) AND SECTION9-2.04, SUBDIVISIONS 1 (c) (GENERAL), 2 (b) (AREA), AND 2 (d)THROUGH LOTS) OF THE MUNICIPAL CODE
AUGUST 23, 1989 COUNCIL MEETING CANCELLED
Council unanimously agreed to cancel the regular meetingscheduledforAugust23, 1989.
APPROVAL OF LOCAL FEASIBILITY STUDY ON PROPOSED HAMLINE AVENUEIMPROVEMENTS, LARPENTEUR TO ROSELAWN
Maurer presented and briefly reviewed the Local Feasibility
MINUTES
JULY 26, 1989
PAGE 2
Study on the proposed Hamline Avenue Improvements, after which
P. Chenoweth moved adoption of Resolution R-89-17, accepting the
study and setting the improvement hearing for 7:15 P.M., August
13, 1989. Motion carried unanimously.
RESOLUTION R-89-17
A RESOLUTION ACCEPTING THE ENGINEER'S FEASIBILITY STUDY
ON THE PROPOSED HAMLINE AVENUE IMPROVEMENTS, LARPENTEUR TO
ROSELAWN AVENUES, AND SETTING THE LOCAL IMPROVEMENT HEARING
FOR THE PROJECT
COUNCIL WORKSHOP ON ASSESSMENT POLICY SCHEDULED FOR 8/9/87
FOLLOWING COUNCIL MEETING
Council scheduled a workshop to discuss the latest draft of the
proposed assessment policy for August 9, 1989 immediatelyfollowingtheregularCouncilMeeting.
ESTABLISHMENT OF REIMBURSEMENT POLICY FOR TATUM SOD REPLACEMENT
Baldwin explained that replacement of the bad sod on Tatum
Street has been completed. Council discussed the fact that
several residents had replaced the sod on the boulevards in
front of their residences prior to the City project and are now
requesting reimbursement. Following a brief discussion, Wallin
moved that these residents be reimbursed in the amount of either
the average cost to the City, or the resident's cost, whichever
is less. Motion carried unanimously.
APPROVAL OF UNITED WAY CAMPAIGN INCENTIVE FOR CITY EMPLOYEES
Wiessner explained that all cities in the St. Paul Area United
Way are participating in the Pacesetter Campaign and requested
that Council authorize one paid vacation day for a drawing as an
incentive for City employees. Ciernia moved approval of the
request which carried unanimously.
WORKSHOP ON PROPOSED DEVELOPMENT OF SE CORNER OF LARPENTEUR AND
SNELLING SCHEDULED FOR 8/9/89.
Baldwin explained that a developer has expressed interest in
redeveloping the southeast corner of Larpenteur and Snelling and
had requested a workshop with the City Council, PlanningCommissionandaffectedpropertyowners. Council agreed to
scheduling the workshop for August 9, 1989 from 6:00 to 7:00
P. M.
ADJOURNMENT
The meeting was adjourned at 8:20 P.M.
ATTEST:
Tom Baldwin, Mayor
Shirley Chenoweth, City Clerk
Consent ~
Policy CITY OF FALCON IiEIGBTS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E- 1
Meeting Date: 8/9/89
ITEM DESCRIPTION:
Disbursements
SUBMITTED BY:Tom Kelly
REVIEWED BY:
ERPLANATION/SUMMARY attach additional sheets as necessary):
a. General D isbursements thr ough 8/2/89, $26,137.34
b. Payroll,7/1.5/89-7/31/89,11,226.78
ACTION REQUESTED:
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Consent X
Policy
r~
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CITY OF PALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E-2
Meeting Date: 8/9/89
ITEM DESCRIPTION:
Cancellation of Check #22507
SUBMITTED BY: Tom Kelly
REVIEWED BY:
EXPLANATION/SUMMARY (attach additional sheets as necessary):
Check #22507, issued July 27, 1989 to Dahlgren,
Shardlow & Uban in the amount of $759.39 was
improperly typed. This check will be rep]_aced
by Check #22581.
ACTION REQUESTED: Approval
Consent
Policy CITY OF FALCON HEIGHTS
BEQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E-3
Meeting Date: 8/9/89
ITEM DESCRIPTION:
Commission Minutes
SUBMITTED BY:1 ) Kitty Zimmerman
2) S. Chenoweth
REVIEWED BY:1 ) Susan Hoyt-Taff
ERPLANATION/SUMMARY (attach additional sheets as aecessary);
1)Planning Commission Minutes of 7/10/89
2)Solid Waste Commission Minutes of 7/13/89
ACTION REQUESTED:Approval
1) A
MINUTES
REGULAR PLANNING COMMISSION MEETING
JULY 10, 1989
Chairman Black called the meeting to order at 7:30 P.M.
Barry, Black, Boche, Carroll, Daykin, Duncan and Grittner. Also
present were Planners Susan Hoyt Taff and Tim Malloy, and Ada~nistrator
Wiessner.
Nestingen and Finegan.
Duncan moved, seconded by Daykin, to approve the June 5, 193 !linutes
as presented. Motion carried unanimously.
H. Leonard Boche, 1776 Fry Street, requested a Permitted
Use for a Utility Shed to be located in the southeast corner of his
lot five feet from .his property line. Construction will be as indicated
in the diagram he attached to his application anc~ indicated the structure
will be painted green to blend with its surroundings.
Carroll moved, seconded by Daykin, to approve the Permitted Accessory
Use as requested. Motion carried unanimously.
Barry arrived at 7:44 P.M.
Chairman Black opened the Public Hearing at 7:45 P.M. on the Request
for a Conditional Use Permit to allow a parking Iot in R-1 Single
Family District as requested by Dennnis Hunt on a lot owned by George
Peck, 1546 Crawford Avenue. Such Public Hearing Notice was published
in the Focus Newspapers at June 28, 1989.
Barry questioned whether the conditional use request should be considered
based upon the fact that Mr. Hunt does owe back property taxes..
Also, the future use of the shopping center should be considered
before acting on the request.
After further discussion, Carroll moved, seconded by Barry, to c~tinue
the Public Hearing to August 7, 1989 if, and only if, Mr. Hunt has
provided the necessary requested information. Motion carried ~aianimously.
Dave Black and Planner Malloy reviewed the background of the (lode
Amendments as chronologically listed in the agenda attachments..
Planner Malloy stated that the Planning Caimission may want to reconsider
its action taken at its June 5th meeting in its motion for a code
amendment change on page two, paragraph three, to use the e~ondtional
use permit process. The use of the conditional use permit in this
instance may be awkward because it requires every accessory structure
on a corner lot to be put through the conditional use process ~t-ich
means requiring a public hearing and fees associated with the request.
At the last meeting sane Cammissiaz members had also expressed concern
about the criteria and felt there was a better way tQ handle such-
situations.-
PRESENT
6/5/89
MINUTES
APPROVED
LHONARD
PERMITTID
ACCESSORY
USE
APPROVID
PUBLIC
HEARING
RDQLTESTED
BY DENNIS
OON'rINUED
OODE
AMENDMENTS
Minutes
Regular Planning Canmissi~<_
July 10, 1989
Page 2
Chairman Black then opera t.~e lc Rearing at 8:30 P.M. on Code
Amendments to Secti~ 9~-~.,Rf:r ,3vision 4, and Section 9-2.04,
Subdivision 1(c7': Su ~~ wring Notice was is in the
F cus ewspapers on June ~, ,
Council Liaison Wallin a~i aC: 8:39 P.M.
Planner Tim Malloy revie~:~rQode-Amendment changes made on June
5, 1989 and made suggesti~s~fise other options that might be considered
instead of using the coc~;ti, use process.
There being no one wishing ~aie heard, Chairman Black closed the
Public Hearing at 8:50 P.~..
Carroll moved, seconded b1s~ that the third paragraph of Page2 (Accessory buildings, ~_garages, on a corner lot in a residential
district, may be located tait~ the corner side yard subject to a
conditional use permit, ~e iae~ance of such permits shall complywiththeprovisioninSects9-15.{}4 of this Code (~nditional uses).
Design and placement of suds strsctures must be consistent with the
surrounding residential district, and shall be evaluated based on
the following criteria: visiF~lity, height, safety and potentialdistractiontopassingmotorists..} be stricken and the following
language substituted: G~ an a corner lot in a residential district
shall have the same corner side yard setback as the principal structure.
It required setback allows game to be placed less than 15 feet
from the corner side Iot line, thfs is permissible only if vehicular
access door faces either the aLpy or interior lot line
After a discussion, the motion was approved subject to editing byPlannerMalloythatwouldcreatenosubstantivechange.
Boche moved, seconded by Carroll, an amendment to Section 9-2.04,
Subdivision 2 (d) as follows: d. Through Lot: The minimum setback
from the rear street, or--ley ~t Iine of a through Iot shall be
thirty (30)~feet. Motion carried unanimously.
Daykin requested an illustration be used in Section 9-2.04 of our
Code similar to the one used by the City of Minnetonka as was presentedtothePlanningCommissionbyPlannerMalloy.
2) A-1
PUBLIC
HEARING
ON CODE
AMENDMENTS
9-4.01,
SUBD. 4,
9-2.04,
SUBD. 1(c)
AND
9-2.04,~Ch~
SUBD. 2(d)
APPROVED
Carroll moved, seconded by Boche, approval of Code Amendments to
Section 9-4.01, Subdivision 4, Section 9-2.04, Subdivision 1(c) and add.
Section 9-2.04, Subdivision 2(d} to be considered by the City Council ~ Z ~b~ ,1~,~.
as a block of changes. Motion carried unanimously.
1) A-2
Minutes
Regular Planning Commission Meeting
July 10, 1989
Roche moved, seconded by Carroll, to adjourn the meeting at 9:17 ~70~g~~
P.M. Motion carried unanimously.
Submmitted by:
Katherine J. Zimmerman
Approved:
Edgar Finegan, Secretary
MINUZES
Solid Waste Conanissio~- Meeting
July 13, 1989
Zl~e meeting was called to order at 7:10 pm.
Commission Members Present; John D~ompson, Midiael Haglund, Leo Rlisch,
Laura Rh~ettel, Lyle Wray, and Shirley Ciienoweth.
Commission Members Not Present: Terry Iverson, John Hustad, Diane KLisch,
Marty MicGleary, Nancy Misra.
OF AGFrID~
Zee agenda for the meeting was approved by consensus.
AP~2OSTAL OF MIN'ILTLrS
Zhe minutes of the June 1 meeting were approved with a motion by Lyle Wray,
secondedd by Mike Haglund. The minutes of the special June 27 meeting
were approved with a motion by Mike Haglund, seconded by Lyle Wray.
HQ RF~T ~ H_A2A~L1~~S W~'~ PROERAM LTppA'i'~
Zlze Household Hazardous Waste Program update will be discussed at the next
scheduled meeting by Terry Iverson.
BF~jNG BINS S'I'A2US
Z'he bins have arrived at City Hall. Zt~e Falcon Heights newsletter will be out
soon to re-announce the availability of the bins for purchase. Shirley
Chenowelth will schedule a photo of John Zlzompson presenting the wuuler of the
first drawing with her free bin.
NFWSf.F*r*rt~~, SPRIl~ ~~.QjF LTPIYLTR
Z'he oagmission members gave positive responses to the newsletter. It was
described as very professional looking. Zlze total cost was $500.
A Falcon Heights resident sent a letter to the city regarding the disposal of
grass clippings. ZY,e letter writer expressed concerns about the lack of a
northern suburban composting site and wondered whether Falcon Heights could
provide''..., one if Ramsey county can't.
Zile contract should be signed soon with SuperCycle (RE4~I~) Coffman is
negotiating with RDCDMP. Zl~ey will need 12 containers for recycling.
MINUTFjS
Solid Taste Commission
13 July 1989
Page two ~ ~~,~~
fl/."
Ramsey' County is camaitted for $3,000 for the rest of the year. ZWo county
oamni.ssioners are still in favor of providing money for bins.
C,ooc~vijLl gives Falcon Heights tonnage credit for the recycling and.applianoe
collection.
REOON~',estimates that it will take 15-20 minutes to service a 100 unit
building. In regard to the smaller units; the city would have to provide 90
gallon bins. A six month average shows collection at 19 tons.
e city would need to budget $1,215 to purchase 18 bins or allocate an annual
budget amount of $702 for rental.
18'bins x $3.25 = $58.50 $58.50 x 12 months = $702.00
s is based upon six bins per 100 units. mere are 300 units.
e bins have a life expectancy of five to seven years.
Figures were ca].ailated and given to Shirley Qienoweth who will present the
Solid Waste Commission budget to the Falcon Heights City Council.
Subjecks for the next meeting will be the Budget, Hazardous Waste, Zhe tonnage
amounts for our first pickup since the reinstatement of recycling.
Lyle Wray motioned and Mike Haglund secorx3ed adjournment of the meeting at
9:OOpn
Respectfully submitted,
Laura Ruettel, Secretary
r~L
Consent X
Policy CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E-4
Meeting Date: 8/9/89
ITEM DESCRIPTION:
MNDOT Agreement
SUBMITTED BY:Terry Maurer
REVIEWED BY:Jan Wiesner
EXPLANATION/SUMMARY (attach additional sheets as necessary):
MNDOT has requested that the City execute a new
agency agreement.
ACTION REQUESTED:Approve MNDOT Agreement .
MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM N0. III
Be it resolved that pursuant to section 161.36, Subdivision 1
through 6, Minnesota Statutes, the Commissioner of Transportation be
appointed as agent of the City of Falcon Heights to let as
its agent, contracts for the construction of local roads and bridge,
and the Mayor and the City ckerk are hereby authorized and directed
for and on behalf of the. City to execute and enter into a contract
with the Commissioner of Transportation prescribing the terms and
conditions of such contracts in the form as set forth and contained
in "Minnesota Department of Transportation Agency Agreement" a copy _
of which said agreement was before the City Council, assuming on
behalf of the City all of the obligations therein contained.
SEAL) (Submit in duplicate)
Note: Attach certification by City Clerk with each copy of
resolution.
is
Revised 12/1988
Office of State Aid
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY AGREEMENT
This Agreement made and entered into by and between the City
of Falcon Heights herein after referred to as the "City" and
the Commissioner of Transportation of the State of Minnesota
hereinafter referred to as the "Commissioner",
WITNESSETH:
WHEREAS, pursuant to M.S. 161.36 the City desires the
Commissioner to act as its agent in aceept~n~ federal aid on the -
i•City's behalf, for road and bridge construction a`id in contracting.
for the construction, improvement or maintenance of roads or bridges
financed either in whole or part with federal moneys; and
WHEREAS, M.S. 161.36, Subdivision. 2, requires that the terms
and conditions of the agency be set forth in an agreement;
NOW, THEN, IT IS AGREED:
I-
That pursuant to M.S. 161.36, the City does hereby appoint
the Commissioner its agent with respect to all federally funded
projects, to accept and receive all federal funds made available for
said projects and to let contracts pursuant to law for the
construction and improvement of local roads and bridges.
U
1-
V
t
Each contract•..w111 be in accordance with plans and special
provisions for said projects on file in the Department of
Transportation, State Transportation Building, St. Paul, Minnesota
55155, and the latest edition of "Standard Specifications for
Construction" and all amendments thereof, which said plans, special
provisions and specifications are made apart of this agreement by
reference as though fully set forth herein.
In the letting of said contract, it is hereby agreed that the
following procedures shall be followed, to-wit:
A. The Commissioner shall cause the advertisements calling for
bids on said work to be published in the "Construction Bulletin". _
He shall also cause advertisements for bids to be published in the ' •
officially designated newspaper of the City. Said advertisement or
call for bids shall specify that sealed proposals or bids will be
received by the City Purchasing Agent of _ on
behalf of the Commissioner as agent of said City. Proposals, plans
and specifications shall be available for the inspection of
prospective bidders at the office of the Department of
Transportation, St. Paul, Minnesota 55155, and at the office of
said City Purchasing Agent and the advertisement shall so state.
The bids received in response to said advertisement for bids shall
be opened for and on behalf of the Commissioner by a District
Engineer of the Department of Transportation or such other engineer
of the Department of Transportation as may be from time to time
selected by the Commissioner. After said bids shall have been •
opened, the City council shall first consider the same and thereupon
2-
transmit to the Commissioner all bids received together with its
recommendation that the lowest bid submitted by a responsible bidder
be accepted or that all bids be rejected.
Upon receipt of all said bids, the Commissioner shall duly cause all
of said bids to be tabulated and shall thereupon determine-who is
the lowest responsible bidder and shall award the contract to the
lowest responsible bidder or shall reject all bids.
6. The Commissioner shall supervise and have charge of the
construction of said projects after the same has been let. The City-
agrees to furnish its City Engineer or other registered engineer and
assign him to the active supervision and direction of the work to be
performed under any contract let for the aforesaid projects. Said
engineer so assigned shall act under the supervision and direction
of the Commissioner.
The City further agrees to furnish such other personnel, services,
supplies and equipment as shall be necessary in order to properly
supervise and carry on said work.
C. The Commissioner may make changes in the plans or the
character of the work as shall be recommended by the engineer in
charge of -the work. If he concurs in such recommendations, the
Commissioner may enter into, for and on behalf of the City,
supplemental agreements with the contractor for the performance of
any extra work or work occasioned by any necessary, advantageous, or
desirable change in plans or construction.
It is understood by the City that the Commissioner cannot personally
investigate and pass judgement on the various items of extra work
and plan changes necessary and desirable during the construction of
3-
the projects but that he must delegate such duties to engineers
under his supervision and control that are employed by the Minnesota
Department of Transportation. The City does hereby authorize these
engineers, so delegated by the Commissioner, to enter into, for and
on behalf of the City, the supplemental agreements specified in the
preceding paragraph hereof.
p, The City hereby authorizes its City Engineer, for and on
behalf of the City, from time to time, during the progress of the
work on said projects, to request the Commissioner to furnish for
use on said projects specific engineering services to be performed
by skilled employees of the Minnesota Department of Transportation.
The Commissioner may but is not obligated to furnish the services so --
requested. If the Commissioner in compliance with such request i
shall furnish for the use of the City on said projects the services
of any Minnesota Department of Transportation employee, then and in
that event, the City agrees to reimburse the Trunk Highway Fund for
the full .cost and expense of the furnishing of such services
including all costs and expenses of any kind or nature whatsoever
arising out of, connected with, or incidental to the furnishing of
such services.
E. The Commissioner shall receive the funds to be paid by the
City and the funds to be paid by the United States as federal aid
funds for said projects and to pay therefrom when due any and all
sums that may become due the contractor to whom the contract is
awarded, and upon final completion and acceptance of the work, to
a from said funds the final estimate to said contractor for said
PY
work.
4-
i
F, The Commissioner shall perform on behalf of the City all
other acts and things necessary to cause said projects to be
completed in a satisfactory manner.
G. The Commissioner may enter into any agreement for and on
behalf of the City with the United States or any officer or agent
thereof that may be required or necessary for the purpose of
procuring and actually causing to be paid the federal aid funds
available for said projects and to that end to bind and commit the
City in such agreement to the performance of any -and all things
required by any law of the United States or of any rule and
regulation issued by federal authority pertaining thereto necessary
for the purpose of procuring and having paid the federal aid _
available for said projects.
H. It is the policy of the United States Department of
Transportation and the Minnesota Department of Transportation that
Disadvantaged Business Enterprises as defined in 49 CFR, Part 23,
and the Surface Transportation and Uniform Relocation Assistance Act.
for 1987, shall have the maximum opportunity to participate in the.
performance of contracts financed in whole or in part with federal
funds. Consequently, the requirements of 49 CFR, Part 23, apply to
this agreement. In this regard, the Commissioner and the City shall
take all necessary and reasonable steps in accordance with 49 CFR,
Part 23, to insure that Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform on contracts and
subcontracts. The Commissioner and the City shall not discriminate
on the basis of race, color, national origin,or sex in the award and
performance of federally funded contracts.
5-
Failure to carry out the above requirements shall constitute a
breach of this agreement and may result in termination of the
agreement or other such remedy that the Commissioner deems
appropriate.
I. The Commissioner may perform on behalf of the City any other
and further acts as may be necessary or required under any law of
the United States or of any rule or regulation issued by proper
federal authority in order to cause said projects to be completed
and to obtain and receive the federal aid made available therefor.
II-
The City agrees that it will from time to time, after the
execution of this agreement, make-such reports, keep such records _
and perform such work in such manner and time as the Commissioner .
shall from time to time request and direct so as to enable the
Commissioner as its agent to collect for it the federal aid sought.
Said records and reports shall be retained by the City in accordance
with the Commissioner's record retention schedule for federal aid
projects.
III-
It is anticipated that. the United States will pay to the
Commissioner as the agent of the City, the federal aid funds
available to said City toward the construction of .said pro3ects. It
is further anticipated that the contracts to be let by the
Commissioner as the agent of the City, for the construction of said
projects shall provide that the contractor, as the work progresses,
shall, from time to time, be paid partial payments designated in i
said contract as partial estimates and on the completion and
6-
acceptance of said work to be paid a final payment designated in
said contract as a final estimate for all work performed.
The City further agrees that any City funds and/or Municipal
State Aid Funds to be applied to any contract covered by this
agreement shall be deposited with the Commissioner in accordance
with Minnesota Rules Chapter 8820.1500 Subp. 3.
At regular monthly intervals after contractors shall have
started work under contracts let by the Commissioner as agent for
the City for the construction of said projects, the engineer
assigned to and in charge of said work shall prepare partial
estimates in accordance with the terms of said contracts let for
said projects and the procedures established by the Office of
Construction and Contract Administration Minnesota Department of
Transportation. The said engineer in charge of said work shall
immediately after preparing each partial estimate, transmit the same
to the Commissioner in duplicate. Each partial estimate shall be
certified by the engineer in charge and by the contractor performing
such work. The said engineer assigned to and in charge of said work
shall also prepare and submit to the Commissioner the final estimate
data, together with the required project records in accordance with
the terms of said contracts let for said projects. Quantities
listed on said partial and final estimates shall be documented in
accordance with the guidelines set forth in the applicable
documentation manual. After the approved final estimate has been
submitted to the Commissioner, the City will pay to the
i
Commissioner any additional amount which together with the federal
funds received for that project will be sufficient to pay all the
contract costs of the project.
IV-
When the contractor shall have completed the work on said
projects, the City agrees to inspect the same and forthwith upon the
completion of said inspection advise the Commissioner whether or not
the work performed should be, by the Commissioner as its agent,
accepted as being performed in a satisfactory manner.., In the event
the City should, after said inspection, recommend to the
Commissioner that he should not accept said work, then the City
shall at the time such recommendation is made specify in _
particularity the defects in said work and the reasons why the work
should not be accepted. It is further agreed that any
recommendations made by the City are not binding on the Commissioner
but that he shall have the right to determine whether or not the
work has been acceptably performed and to accept or reject the work.
performed under any said contract.
V-
It is further agreed that the decision of the Commissioner on
the several matters herein set forth shall be final, binding and
conclusive on the parties hereto.
VI-
It is anticipated that the entire cost of said projects is to
be paid from funds made available by the United States, by way of
federal aid, and by the City. If for any reason the United States •
fails to pay any part of the cost or expense of said projects, then
8-
1
and in that event the City agrees to pay the same. The City further
agrees to pay any and all claims or demands of any kind or nature
whatsoever arising out of or incidental to the performance of the
work under any contract let for said projects in the event that the
United States does not pay the same,. and in all events, agrees to
save the State of Minnesota and the Commissioner from said claims
and from any claims arising out of this agreement and to pay any and
all expenses and costs connected with said projects or the
construction thereof which the United States does not~pay.
VII-
The City further agrees that:
A. All right-of-way acquisition and relocation will be conducted ~-
in accordance with 49 CFR Part 25. Procedures implementing this
regulation are contained in Mn/DOT State Aid Manua] Chapter 5-
892.310.
Additional guidance may be obtained by referring to the FHWA's Real
Estate Acquisition Guide for Local Public Agencies).
B. If -the City receives total direct and indirect federal
assistance of:
1. E100,000 or more per year, the City agrees to obtain a
financial and compliance audit made in accordance with the Single
Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget
OM6) Circular A-128. The law and circular provide that the audit
shall cover the entire operations of .the City government or, at the
option of the City government, it may cover departments, agencies or
establishments that received, expended, or otherwise administered
federal financial assistance during the year. However,
9-
if the City government receives $?5,000 or more in General Revenue
Sharing Funds in a fiscal year, it shall have an audit of its entire
operations.
2. Between $25,000 and $100,000 per year, the City agrees
to obtain either -
a. a financial and compliance audit made in accordance
with the Single Audit Act of 1984 and OM8 Circular A-128,. or
b. a financial and compliance audit of all federal
funds. The audit must determine whether the subrecipient spent
federal assistance funds in accordance with applicable laws and
regulations and the audit must be made in accordance with any
federal laws and regulations governing the federal programs the _
subrecipient participates in.
Audits shall be made annually unless the state or local
government has, by January 1, 1987 a constitutional or statutory
requirement for less frequent audits. For those governments, the
cognizant agency shall permit biennial audits, covering both years,
if the government so requests. It shall also honor requests for
biennial audits by governments that have an administrative policy
calling for audits less frequent than annual, but only for fiscal
years beginning before January 1, 1987.
The audit shall be made by an independent auditor. An
independent auditor is a state or local government auditor or a
public accountant who meets the independent standards specified in
the General Accounting Office's Standards for Audit of Governmental
Or anizations Pro rams Activities and Functions.
10-
The audit report shall state that the audit was performed in
accordance with the provisions of OMB Circular A-128 (or A-110 as
applicable).
di re rt shall include:The au t oP
1) The auditor's report on financial statements and on a
schedule of federal assistance; the financial statements; and a
schedule of federal assistance, showing the total expenditures for
each federal assistance program as identified in the Catalog of
Federal Domestic Assistance. Federal programs or grants that have
not been assigned a catalog number shall be identified under the
caption "other federal assistance".
2) The auditor's report on the study and evaluation of
internal control systems must identify the organization's
significant internal accounting controls, and those controls
designed to provide reasonable assurance that federal programs. are
being managed in compliance with laws and regulations.
It must also identify the controls that were evaluated, the controls
that were not evaluated, and the material weaknesses identified as a
result of the evaluation.
3) The auditor's report on compliance containing:
a) A statement of positive assurance with respect to
those items tested for compliance, including compliance with law and
regulations pertaining to financial reports and claims for advances
and reimbursements;
b) Negative assurance on those items not tested;
c) A summary of all instances of noncompliance;
11-
d) An identification of total amounts questioned, if
any, for each federal assistance awarded, as a result of
noncompliance;
e) A statement on the status of corrective action taken
on prior findings; and
f) Refer to the use of the standards required by the
Minnesota Legal Compliance Audit Guide for local Governments,
prepared by the Office of the State Auditor. The purpose of this
guide is to establish compliance guidelines for verification by
auditors auditing political subdivisions of the state.
In addition to the audit report, the recipient shall
provide comments on the findings and recommendations in the report, -
including a plan for corrective action taken or planned and comments
on the status of corrective action taken on prior findings. If
corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative
Auditor, and any independent auditor designated by the grantor shall.
have such access. to grantee's records and financial statements as
may be necessary for the grantor to comply with the Single Audit Act
and OM8 Circular A-128. Required audit reports must be filed with
the Office of the State Auditor, Single Audit Division and state
agencies providing federal assistance, within six months of the
City's fiscal year end.
If a federal cognizant audit agency has been assigned for the City,
copies of required audit reports will be filed with that agency
also.
12-
i!
Recipients of more than $100,000 in federal assistance
must also submit one copy of the audit report within 30 days after
issuance to the central clearinghouse. Audit reports should be sent
to:
Bureau of Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
C. The City will treat all public, private or cooperatively
owned utility facilities which directly or indirectly serve the
public and which occupy highway rights of way in conformance with
the attached "A Policy for the Accomrnodation of Utilities on Highway
Rights of Way" as approved on April 5, 1988 by the United States
Department of Transportation, Federal Highway Administration.,
Minnesota Division.
VIII-
All references to statutes and rules shall be construed to
refer to the statutes and rules as they may be amended from year to
year.
IX-
The Commissioner accepts this said appointment as agent of
the City and agrees to act in accordance herewith.
13-
City Of Falrnn Hai~tc~,_Recommended for Approval
6y
Tom Baldwin
Mayor Director, Office of State Aid
Date Date __
Attest• Approved as to Form and Execution
da~i~~Wie~ssner~ ~ ..,,
City Clerk Special Assistant Attorney General
Date Date
State of Minnesota
Commissioner of Transportation
Date
Seal)
14-
if.
is
Revised 12/1988
Office of State Aid
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY AGREEMENT
This Agreement made and entered into by and between the City
of Falcon Heights herein after referred to as the "City" and
the Commissioner of Transportation of the State of Minnesota
hereinafter referred to as the "Commissioner",
WITNESSETH:
WHEREAS, pursuant to M.S. 161..36 the City desires the
Commissioner to act as its agent in acc:ept~ny federal aid ort the
City's behalf, for road and bridge construction acid in contractinge
for the construction, improvement or maintenance of roads or bridges
financed either in whole or part with federal moneys; and
WHEREAS, M.S. 161.36., Subdivision 2, requires that the terms
and conditions of the agency be set forth in an agreement;
NOW, THEN, IT IS AGREED:
I-
That pursuant to M.S. 161.36, the City does hereby appoint
the Commissioner its agent with respect to all federally funded
pro3ects, to accept and receive all federal funds made available for
said projects and to let contracts pursuant to law for the
construction and improvement of local roads and bridges.
1-
r
r...
Each contract~.will be in accordance with plans and special
provisions for said projects on file in the Department of
Transportation, State Transportation Building, St. Paul, .Minnesota
55155, and the latest edition of "Standard Specifications for
Construction" and ail amendments thereof, which said plans, special
provisions and specifications are made apart of this agreement by
reference as though fully set forth herein.
In the letting of said contract, it is hereby agreed that the
following procedures shall be followed, to-wit:
A. The Commissioner shall cause the advertisements calling for -
bids on said work to be published in the "Construction Bulletin". _
He shall also cause advertisements for .bids to be published in the '~
officially designated newspaper of the City. Said advertisement or
call for bids shall .specify that sealed proposals or bids will. be
received by the City Purchasing Agent of on
behalf of the Commissioner as agent of said City. Proposals, plans
and specifications shall be available for the inspection of
prospective bidders at the office of the Department of
Transportation, St. Paul, Minnesota 55155, and at the office of
said City Purchasing Agent and the advertisement shall so state.
The bids received in response to said advertisement for bids shall
be opened for and on behalf of the Commissioner by a District
Engineer of the Department of Transportation or such other engineer
of the Department of Transportation as may be from time to time
selected by the Commissioner. After said bids shall have been
opened, the City council shall first consider the same and thereupon
2-
i•
MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM N0. III
Be it resolved that pursuant to section 161.36, Subdivision 1
through 6, Minnesota Statutes, the Commissioner of Transportation be
appointed as agent of the City of Falcon Heights to let as
its agent, contracts for the construction of local roads and bridge,
and the Mayor and the City ckerk are hereby authorized and directed
for and on behalf of the City to execute and enter into a contract
with the Commissioner of Transportation prescribing the terms and
conditions of such contracts in the form as set forth and contained
in "Minnesota Department of Transportation Agency Agreement" a copy
of which said agreement was before the City .Council, assuming on
behalf of the City all of the obligations therein contained.
SEAL) (Submit in duplicate)
Note: Attach certification by City Clerk with each copy of
resolution.
C~
s
transmit to the Commissioner all bids received together with its
recommendation that the lowest bid submitted by a responsible bidder
be accepted or that all bids be rejected.
Upon receipt of all said bids, the Commissioner shall duly cause all
of said bids to be tabulated and shall. thereupon determine who is
the lowest responsible bidder and shall award the contract to the
lowest responsible bidder or shall reject all bids.
B. The Commissioner shall supervise and have charge of the
construction of said projects after the same has been let. The City
agrees to furnish its City Engineer or other registered engineer and
assign him to the active supervision and direction of the work to be
performed under any contract let for the aforesaid projects. Said
engineer so assigned shall act under the supervision and direction
of the Commissioner.
The City further agrees to furnish such other personnel, services,
supplies and equipment as shall be necessary in order to properly
supervise and carry on said work.
C. The Commissioner. may make changes in the plans or the
character of the work as shall be recommended by the engineer in
charge ofi-the work. If he concurs in such recommenaations, the
Commissioner may enter into, for and on behalf of the City,
supplemental agreements with the contractor for the performance of
any extra work or work occasioned by any necessary, advantageous, or
desirable change in plans or construction.
It is understood by the City that the Commissioner cannot personally
investigate and pass judgement on the various items of extra work
and plan changes necessary and desirable during the construction of
3-
the projects but that he must delegate such duties to engineers
under his supervision and control that are employed by the Minnesota
Department of Transportation. The City does hereby authorize these
engineers, so delegated by the Commissioner, to enter into, for and
on behalf of the City, the supplemental agreements specified in the
preceding paragraph hereof.
0. The City hereby authorizes its City Engineer, for and on
behalf of the City, from time to time, during the progress of the
work on said projects, to request the Commissioner to furnish for
use on said projects specific engineering services to be performed
by skilled employees of the Minnesota Department of Transportation.
The Commissioner may but is not obligated to furnish the services so -
requested. If the Commissioner in compliance with such request
shall furnish for the use of the City on said projects the services
of any Minnesota Department of Transportation employee, then and in
that event, the City agrees to reimburse the Trunk Highway Fund for
the full cost and expense of the furnishing of such services
including all costs and expenses of any kind or nature whatsoever
arising out of, connected with, or incidental to the furnishing of
such services.
E. The Commissioner shall receive the funds to be paid by the
City and the funds to be paid by the United States as federal aid
funds for said projects and to pay therefrom when due any and all
sums that may become due the contractor to whom the contract is
awarded, and upon final completion and acceptance of the work, to
aid funds the final estimate to said contractor for said
pay from s
work.
4-
1
F, The Commissioner shall perform on behalf of the City all
other acts and things necessary to cause said projects to be
completed in a satisfactory manner.
G. The Commissioner may enter into any agreement for and on
behalf of the City with the United States or any officer or agent
thereof that may be required or necessary for the purpose of
procuring and actually causing to be paid the federal aid funds
available for said projects and to that end to bind and commit the
City in such agreement to the performance of any .and all things
required by any law of the United States or of any rule and
regulation issued by federal authority pertaining thereto necessary
for the purpose of procuring and having paid the federal aid _
available for said projects.
H. It is the policy of the United States Department. of
Transportation and the Minnesota Department of Transportation that
Disadvantaged Business Enterprises as defined in 49 CFR, Part 23,
and the Surface Transportation and Uniform Relocation Assistance Act
for 1987, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with federal
funds. Consequently, the requirements of 49 CFR, Part 23, apply to
this agreement. In this regard, the Commissioner and the City shall
take all necessary and reasonable steps in accordance with 49 CFR,
Part 23, to insure that Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform on contracts and
subcontracts. The Commissioner and the City shall not discriminate
on the basis of race, color, national origin,or sex in the award and
performance of federally funded contracts.
5-
Failure to carry out the above requirements shall constitute a
breach of this agreement and may result in termination of the
agreement or other such remedy that the Commissioner deems
appropriate.
I. The Commissioner may perform on behalf of the City any other
and further acts as may be necessary or required under any law of
the United States or of any rule or regulation issued by proper
federal authority in order to cause said projects to be completed
and to obtain and receive the federal aid made available therefor.
II-
The City agrees that it will from time to time, after the
execution of this agreement, make such reports, keep such records _
and perform such work in such manner and time as the Commissioner
shall from time to time request and direct so as to enable the
Commissioner as its agent to collect for it the federal aid sought.
Said records and reports shall be retained by the City in accordance
with the Commissioner's record retention schedule for federal aid
projects.
III-
It is anticipated that the United States will pay to the
Commissioner as the agent of the City, the federal aid .funds
available to said City toward the construction of ,said projects. It
is further anticipated that the contracts to be let by the
Cgtmissioner as the agent of the City, for the construction of said
projects shall provide that the contractor, as the work progresses,
shall, from time to time, be paid partial payments designated in
said contract as partial estimates and on the completion and
6-
acceptance of said work to be paid a final payment designated in
said contract as a final estimate for all work performed.
The City further agrees that any City funds and/or Municipal
State Aid Funds to be applied to any contract covered by this
agreement shall be deposited with the Commissioner in accordance
with Minnesota Rules Chapter 8820.1500 Subp. 3.
At regular monthly intervals after contractors shall have
started work under contracts let by the Commissioner as agent for
the City for the construction of said projects, the engineer
assigned to and in charge of said work sha11 prepare partial
estimates in accordance with the terms of said contracts let .for
said projects and the procedures established by the Office of
Construction and Contract Administration Minnesota Department of
Transportation. The said engineer in charge of said work shall
immediately after preparing each partial estimate, transmit the same
to the Commissioner in duplicate. Each partial estimate shall be
certified by the engineer in charge and by the contractor performing
such work. The said engineer assigned to and in charge of said work
shall also prepare and submit to the Commissioner the final estimate
data, together with the required project records in accordance with
the terms of said contracts let for said projects. Quantities
listed on said partial and final estimates shall be documented in
accordance with the guidelines set forth in the applicable
documentation manual. After the approved final estimate has been
submitted to the Commissioner, the City will pay to the
7-
Commissioner any additional amount which together with the federal
funds received for that .project will be sufficient to pay all the.
contract costs of the project.
IV-
When the contractor shall have completed the work on said
projects, the City agrees to inspect the same and forthwith upon the
completion of said inspection advise the Commissioner whether or not
the work performed should be, by the Commissioner as its agent,
accepted as being performed in a satisfactory manner.., In the event
the City should, after said inspection, recommend to the
Commissioner that he should not accept said work, then the City
shall at the time such recommendation is made specify in _
particularity the defects in said work and the reasons why the work •
should not be accepted. It is further agreed that any
recommendations made by the City are not binding on the Commissioner
but that he shall have the right to determine whether or not the
work has been acceptably performed and to accept or reject the work
performed under any said contract.
V-
It is further agreed that .the decision of the Commissioner on
the several matters herein set forth shall be final, binding and
conclusive on the parties hereto.
VI-
It is anticipated that the entire cost of said projects is to
be paid from funds made available by the United States, by way of
federal aid, and by the City. If for any reason the United States
falls to pay any part of the cost or expense of said projects, .then
8-
i•
and in that event the City agrees to pay the same. The City further
agrees to pay any and all claims or demands of any kind or nature
whatsoever arising out of or incidental to the performance of the
work under any contract let for said projects in the event that the
United States does not pay the same, and in all events, agrees to
save the State of Minnesota and the Commissioner from said claims
and from any claims arising out of this agreement and to pay any and
all expenses and costs connected with said projects or the
construction thereof which the United States does not-pay.
VII-
The City further agrees that:
A. All right-of-way acquisition and relocation will be conducted -
in accordance with 49 CFR Part 25. Procedures implementing this
regulation are contained in Mn/DOT State Aid Manual Chapter 5-
892.310.
Additional guidance may be obtained by referring to the FHWA's Real
Estate Acquisition Guide for Local Public Agencies).
B. If the City receives total direct and indirect federal
assistance of:
1. 5100,000 or more per year, the City agrees to obtain a
financial and compliance audit made in accordance with the Single
Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget
OMB) Circular A-128. The law and circular provide that the audit
shall cover the entire operations of .the City government or, at the
option of the City government, it may cover departments, agencies or
establishments that received, expended, or otherwise administered
federal financial assistance during the year. However,
9-
if the City government receives 325,000 or more in General Revenue
Sharing Funds in a fiscal year, it shall have an audit of its. entire
operations.
2. Between 525,000 and 5100,000 per year, the City agrees
to obtain either -
a. a financial and compliance audit made in accordance
with the Single Audit Act of 1984 and OMB Circular A-128,~or
b. a financial and compliance audit of all federal
funds. The audit must determine whether the subrecipient spent
federal assistance funds in accordance with applicable laws and
regulations and the audit must be made in accordance with any
federal laws .and regulations governing the federal programs the _
subrecipient participates in.
Audits shall be made annually unless the state or local
government has, by January 1, 1987 a constitutional or statutory
requirement for less frequent audits. For those governments, the
cognizant agency shall permit biennial audits, covering both years,
if the government so requests. It shall also honor requests for
biennial audits by governments that have an administrative policy
calling for audits- less frequent than annual, but only for fiscal
years beginning before January 1, 1987.
The audit shall be made by an independent auditor. An
independent auditor is a state or local government auditor or a
public accountant who meets the independent standards specified in
the General Accounting Office's Standards for Audit of Governmental
Or anizations Pro rams Activities and Functions.
10-
i•
The audit report shall state that the audit was performed in
accordance with the provisions of OMB Circular A-128 (or A-110 as
applicable).
The audit report shall include:
1) The auditor's report on financial statements and on a
schedule of federal assistance; the financial statements; and a
schedule of federal assistance, showing the total expenditures for
each federal assistance program as identified in the Catalog of
Federal Domestic Assistance. Federal programs or grants that have
not been assigned a catalog number shall be identified under the
caption "other federal assistance".
2) The auditor's report on the study and evaluation of _
internal control systems must identify the organization's
significant internal accounting controls, and those controls
designed to provide reasonable assurance that federal programs are
being managed in compliance with laws and regulations.
It must also identify the controls that were evaluated, the controls
that were not evaluated, and the material weaknesses identified as a
result of the evaluation.
3) The auditor's report on compliance containing:
a) A statement of positive assurance with respect to
those items tested for compliance, including compliance with law and
regulations pertaining to financial reports and claims for advances
and reimbursements;
b) Negative assurance on those items not tested;
c) A summary of all instances of noncompliance;
11-
4~'
d) An identification of total amounts questioned, if
any, for each federal assistance awarded, as a result of
noncompliance;
e) A statement on the status of corrective action taken
on prior findings; and
f) Refer to the use of the standards required by the
Minnesota Legal Compliance Audit Guide for Local Governments,
prepared by the Office of the State Auditor. The purpose of this
guide is to establish compliance guidelines for verification by
auditors auditing political subdivisions of the state.
In addition to the audit report, the recipient shall
provide comments on the findings and recommendations in the report, -
including a plan for corrective action taken or planned and comments
on the status of corrective action taken on prior findings. If
corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative
Auditor, and any independent auditor designated by the grantor shall
have such access to grantee's records and financial statements as
may be necessary for the grantor to comply with the Single Audit Act
and OMB Circular A-128. Required audit reports must be filed with
the Office of the State Auditor, Single Audit Division and state
agencies providing federal assistance, within six months of the
City's fiscal year end.
If a federal cognizant audit agency has been assigned for the City,
copies of required audit reports will be filed with that agency
also.
12-
Recipients of more than $100,000 in federal assistance
must also submit one copy of the audit report within 30 days after
issuance to the central clearinghouse. Audit reports should be sent
to:
Bureau of Census
Data Preparation Division
1201 East 10th Street
Jefferso~wille, Indiana 47132
Attn: Single Audit Clearinghouse
C. The City will treat all public, private or cooperatively -
owned utility facilities which directly or indirectly. serve the
public and which occupy highway rights of way in conformance with
the attached "A Policy for the Accommodation of Utilities on Highway
Rights of Way" as approved on April 5, 1988 by the United States
Department of Transportation, Federal Highway Administration,
Minnesota Division.
VIII-
All references to statutes and rules shall be construed to
refer to the statutes and rules as they may be amended from year to
year.
IX-
The Commissioner accepts this said appointment as agent of
the City and agrees to act in accordance herewith.
13-
City of Falcon Height---
Tom Bal d~~i n
Mayor
Date
Attest:
Jan Wiessner~ =
City Clerk
Date
Recommended for Approval
By
Director, Office of State Aid
Date
Approved as to Form and Execution
Special Assistant Attorney General
Date
State of Minnesota
Cortmissioner of Transportation
Date
Seal)
7
14-
rG~G/:~r~
July 28, 1989
File No: 330-000-00
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 Larpenteur Avenue West
Falcon Heights, MN 55113
RE: MNDOT AGENCY AGREEMENT
Dear Ms. Wiessner:
The Minnesota Department of Transportation, Office of State Aid, is
requesting the City execute a new Agency Agreement. I have enclosed two
copies. of the agreement. This agreement has been previously executed by the
City, but some minor revisions have been made to it. Therefore, MnDOT is
asking for a new copy to be executed.
All this agreement does is allow MnDOT to act as the lead agency for any
project in the City which involves Federal funding. I know of no such
project on the horizon, but it is MnDOT's policy to keep executed Agency
Agreements on file.
If you would put this on a future City Council agenda and then return an
executed copy to me I will forward it to MnDOT. If you have any questions,
please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
c~~~ ~~~
Terry Maurer, P.E.
TJM/ km
enc.
n
U
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021
Consent X
Policy CITY OF PALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E-5
Meeting Date:B/9/89
ITEM DESCRIPTION:
Final Payment to Bituminous Roadways for Sealcoating
SUBMITTED BY: Terry Maurer
REVIEWED BY: - Jan Wiessner
EXPLANATION/SUMMARY (attach additional sheets as necessary):
See attached.
ACTION REQUESTED: Approve final payment of $19,077.11 to
Bituminous Roadways.
M~/i~Mi
August 3, 1989
File No: 330-014-20
S
i
CONSULTING ENGINEERS
Maier Stewart 8~ Associates Inc.
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 Larpenteur Avenue West
Falcon Heights, MN 55113
RE: 1989 SEAL COATING IMPROVEMENTS
Dear Ms. Wiessner:
Enclosed are three copies of partial pay estimate #1 for the seal coatingimprovement. The total amount of the work performed was 519,077.11. Thisisslightlyhigherthanthecontractamountduetoanincreaseinbituminouspatching.
The pay estimate shows an amount due the Contractor of 518,263.71 with5813.40 retained until the paperwork has been submitted. However, theContractorsubmittedthepaperworkwiththesignedpayestimate. If theCityCouncilwillauthorizefullpayment, we will have the Contractor signanadditionalpayestimateshowingthereleaseoftheretainage.
If you have any questions, please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
fJ
Terry J, aurer, P.E.
TJM/km
enc.
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021
IC-134
Rev- 7/851
Name of contractor
Business address
City, town or post of
Minnesota Department of Revenue
Affiidavit for Obtaining Final S
Minnesota and any of its P or ~
Bituminous Roadways
2825 Cedar Ave. S. ~~ R
I- Mpls I
Check the box which describes your involvement in this
Prime contractor ® Contractor
City of Falcon HeightsNameofMtnnesotagovernmentalandforwhichworkwaspeg
City of Falcon HeightsAddressofMrnnesotagovernmentaland
2077 Carpenter Ave. W.
F'" i.v
rtsin®~s fPUSf T,+,<with the State of
ii Subdivisions __
Zip code
55407 _
cons on other side)
Subcontractor
rrofect or contract number
330-014
Totat amount of contract
19.077 Il
city. town or post office ___,~
it none, read instructions) ~
y
8225235
Area code and telephone number
612 ) 721-2451
Period of contract (Month/Year)
From6/30/89To 7/27 89
Amount shll due
19 077.11
Zip code
Did you pay or supervise the payment of persons employed on this contract? [~ Yes
v ' w,
If yes, did you withhold Minnesota income tax from the wages ~
No
of each employee as required by Minnesota Statute 290.92? ® Yes ^ NoHaveyoufiledallrequiredwithholdingreturnsanddepositedMinnesotataxwithhetd withtheDepartmentofRevenueasrequiredbyMinnesotaStatutes290.92 and 290.97?Do you authorize the Department to inform the prime contractor ~
Yes ^ No
upon it's request whether your form IC-134 has been certified? ^ Yes ^ NoIfyouareasubcontractor,~list your prime contractor's business name and address.
ame:you are a contractor or subcontractor, skip the next section of this form and sign below.If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list yoursubcontractors, attach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below.Name and address
Name and address -,
Name and address
Name and address
Name and address
Name ar-d mess
1 declare under the penalties of criminal liability for willfully making a false statement, that the above statements are true and correct to the best of my
knowledge and belief.
Sin ~~ % .; -r^ ,~---~ ~ -9 ~-_ - _
Your Signature ~?r~i't~-.ti~~~.Here Title "Date
Certificate of ComRliance with Minnesota Statutes 290.92 and 290.97
sed on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the aboventractor/subcontractor has properly complied with atl of the provisions of Minnesota Statute 290.92 relating to ttte withholdingofincometaxonwagespaidtoemployeesandMinnesotaStatute290.97 relating to contract servic~sgw~~e State of
M~ eft or ny its governmental or political subdivisions. !~Ul
Signature of authorized Department of Revenue rejrresentative _ _
Date - --- - --
COI`lSENT OF owNCR p
SURETY COMPANY coNTRACTOR Q
TO FINAL PAYMENT oTRi~R p
AI/1 DOCUMCNT G707 -
BOND N0.
PROJECT: City of Falcon Heights 1989 Street Seal Coating Programname, address)
TO (Owner)
CITY OF FALCON HEIGEITS
CITY HALL, .
2077 IARPF~IV'I'EUR AVENUE WEST
FALCON HEIC~ITS, MN 55113
CONTRACTOR: BITUMINOUS ROADWAYS, INC.
2825 CEIY~R AVENUE SOUTH
MINNEAPOLIS, MN 55407
ARCHITECT`S PRO)
63373 ~ ~' ' \v/
v ~~~
MAZER ~>~ tWART & ASSOCIAtES
CONTRACT FOR: 1989 Street Seal Coating
Program
J CONTRACT DATE: May 25, 1989
In accordance ~vit1T the provisions of the Contract between the Owner and the Contractor as indicated above, the
here insert name and address of Surety Company)
UNITID PACIFIC INSURANCE COMPANY
4 PENN CENTER PLAZA, ,SURETY COrytPANI',PHILADELPHIA, PA 19103
On IiUiit', Gf ....r. :nsrrt r.::nt :nd :uJias aE Ccntraaui
BITUMINOUS ROADWAYS, INC.
2825 CEIIAR AVENUE SOUTH , coNTr.ACTOR,
MINNEAPOLIS, MN 55407
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations to there insert name and address of Owner)
CITY OF FALCON HEIC~f!'S
CITY HALL, 2077 LARPEN'I£UR AVENUE WEST ,OWNER,
FALCON HEIQ~'!S, MN 55113
as set forth in the said Surety Company's bond.
IN WITNESS 1VHEREOF,
the Surety Company has hereunto set its hand this 26th day of July
LJIJITED PACIFIC INSURANCE COMPANY
Surety Company
19 89
Y • ~~~ ~Lc L -~r"!1
Signature of Authorized RepresentativeAttest:
Meredith. F. Shun, Attorney-in-FactSeal):
Title
NOTL• This form is to be used as a companion document to AIA DOCUMErcT G7pG, CC•'v1Y.nCTOR'S AItIDA\'IT OE PA1'httAlT OE DCR1S ANnCLAIMS, Currrnt tduron
AIA UOCU!s[NT G'~' C[)VtrNl r)I St~f:rTY CO\1t',\\Y 1(1 F!~.\t f':\\A41tiT • APRII 1'1'0 IDf11C1N Ht.1s•) U1( p,\;;(1')%Q • TrIL A!.!I RICA?: 14STIlUit OI i1Kl:III1LC1~, 171• `:E11' S'UE:i, .1\'l.. K1V, W:\SI11~3:,10~, O,(:.:UUih",
UNITED PACIFIC INSZTR.ANCE COMPANY
HOME OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEYKNOWALLMENBYTHESEPRESENTS, TMt the UNITED PACIFIC INSURANCE COMPANY, a oorporstiort duly organised under the laws of thestateorwathington, does hereby make, constitute and appoint Earl R. Larson, Dennis Loots, '4eredith F. Shian andJanetY.. Nelson, individutilly, of TQinneapolis, riitinesota
its vw and lawful Attorney-in-Fact, to make, txacua, swl and deliver for and on its behalf, and sa its act and deed any and all bonds 8ndundertakingsofSuretyship,
ltd to hind tM UNITED PACIFIC INSURANCE COMPANY tMreby as fully and to tM same extent as it wch bonds and wtdartakinq,andcther writingsobligatoryinthesalontMraofweresignedbyanExewtiwOflicaroftMUNITEDPACIFICINSURANCECOMPANYandstaiudandattastet! by oneotMrofsuchoffices, and Asreby ratilies and confirm: all that its said Attorneytslwn•Faet may do in punwnot hereof,
This Power of Attorney is granted under and by authority of Article Vll of the By-Laws of UNITED PACIFIC INSURANCE COAIPANY whichbaomaeffsctiwSeptember7, 1978, which provisions are now in full fore and tffeet, reading ss follows:
ARTICLE VII -EXECUTION OF BONDS AND UNDERTAKINGS
l , TM Board of Directors, tM President, tht CMirman of tM Board, any Senior Vies president, any Vip President or Assistant Via PresidentorotMroffiprdesignatedbytMBoardofDirectorssMltMvepowerandauthorityto (a) appoint Attorneys-in•Faet and to authorise them to executeonbeMlfoftheCompany, bonds and undertakings, recognisanees, contracts of indemnity and otMr writings ob6ignory in tM nature thereof, and tbltoremoveanywd1Attorneyin-Fatx at any lima and revoke the power and authority given to him.
2. Attorneys-in•Faa sMll Mw power and authority, wbjtet to tM terms and limitations of the power of attomty iswed to them, to executeanddeliveronbeMlfoftMCompany, bonds and undertakings, racognizanea, oontncts of indemnity and otMr writings obligatory in the roture tMreof,TM eorpprate seal is no[ net:essary for the wlidiry of any bonds end unds-nkirtgs, recognizanoss, oontrst:ts of indemnity and other writings obligatoryintMnaturetMreof,
3. Attorneys•in•Fac~ sMl! Mve power and wthOrity to execute affidavits squired to M attached to bonds,. reoogniasrtces, contracrs o/ indem•airy a other conditioMl or obligatory undarakings and they shaft also Mw power end authority to certify the (irtantial statement of she Corrgany andWcopiesoftMByl,aws of tM Company or any amide or section thereof.
This Power of attorney is signed and sealed by facsimile under and by authority of tM following Resolution adopted by tM Board of nirecto.s ofUNITEDPACIFICINSURANCECOMPANYatameetingheldontM5thdayofJune, 1979, at which a quorum was present, and said Resolutio~~ has notDeeramendedorrepealed:
Resolved, that tM signatures of such director and offiwrs and the seal of the Company may ba affixed to any such power ofattorneyoranyartifioterelatingtheretobyfatximile, and any such power of attorney w certificate bearing fuck faaimrlssignaturesorfaaimilesealshallbawlidandbindingupontheCompanyandanysuchpowersoexecttedandcertifiedbyfaaimilesignaturesandfacXimilesealsMllbswlidandbindingupontMCompanyinthefuturewithrespecttoanybondOrundertakingtowhichisisattached."
IN WITNESS WHEREOF the UNITED PACIFIC INSURANCE COMPANY ltas mused these presentsjo be signs y it Vw ~t, arxf its t:orseattoDeheretoaffixed, this 20th day of 5 posteNovrmbert9 $ .
4`t~t asrarrci UNITE ACIFIG I RANG C N/i9SEAL = ~
Via President
STATE OF Pennsylvania ~ ~'snast~
couNTY of Philadelphia
on thin 20th day of Novtenber , f985, wraonany tppeared Raymond MacNeil
to me known to be the Vict~rtsident of the UNITED PACIFIC INSURANCE COMPANY, and acktsowledged that M executed and attested the fore.going instrument r.nd affixed tM seal of said corporation thntto, and that ArticN VII, Section Z; and 3 01 tM of said Com n and theReeolutgn, st lorth tMrtin, are hill In toll fore, j Pi Y.
NAy Commission Expires: y,...,,,,,~ !Z ~ ~~'~~;~
September 28 . t9 87 ' ti Notary Public in and r« sate of Pennsylvania
Rtstd~nq at Philadelphia
t, Jsaes F. }darekstein , Assinant Sevea-y of tM UNfTEO PACIFIC INSURANCE COMPANY, do Mrtby certify that tMaDower-d foregoing is a trw and tbrrect copy of a Power of Attorney ex by said UNITED PACIFIC INSURANCE COMPANY, whith n still rn lulltwatandeffect. `
apt. usearr
tN WITNESS WHEREOF, I Mve Mrwnto set my hand and alfixad ' ss~ ny this 6th Y of ~ ~~ 19 $g
1 /-
EOU-tt~t Ed. 8/7g ~fsut~e' Assistaot-8En ry ~ i ~ / l<!t! ~!f•"~-:~. i
i I
i•
r ~ --
1 ' I~
j
PARTIAL PAYMEIiT ESTIMATE MAZER ,, cWART & ASSGCfATES lMC.
i
FROM: JUKE 30. 1989
TO: AiJSIlST 15, 1489
CONTRACTOR:BITI!'IINOl15 f1OADNAYS, 1NG.
C~k:CITY DF FALCaI HEIGHTS
PRA)ECT:SEAL COATING !330-014)
COMPLETION DATE AMOI~ti OF COMITkACT
ORIGINAL:AU6t~T f5, 1989 ORI61Nf~t: fi5tW6.0U
REVISED: f16,766.04
ITEM CONTRACT ITEMS THIS PERIDa TOTAL TO DATE
1D. DESCRIPTIIIi ~tJIIT QUANTITY UlIT taIANTITY AMOIDIT TOTAUPETt1DD tDI)ANTITY AMOINi TOTAUTIDATE
PRICE
SCFEDtkE 1.0 SEAL COATII6
i BITUMINDIlS MATERIAL tA5-1 GAL 9440
T SEAL COAT A66TtE6ATE FA-T TON 45U
3 BITUMINOUS PATCHING 5Y 100
T SCFEDi1LE 1.0 SEAL COATINf:-Total
5C)fD{l.E 2.0 CHANGE OttDET6
0.59 4404 5548.36
17.00 414.69 8064.73
16.50 229 4T3b.50
4 BITUMINO115 MATETtIAI CR5-2 GAL 9400 0.13 4404 1211.52
T SCHEDI.LE 2.0 tl~M6E ~S-Total
9404 5548.36
474.69 8069.73
229 4236.50
117.851.54 (17.854.54
4404 2222.52
1,27'1.52 !1,222.52
14,077.11 (19,077.11
r
DESCRIPTION
SCHEDULE l.t~ SEAL COATING--Tat
SCHEDULE ~. tj CHANGE ORDEF.S--To
SUMMARY
TOTAL/PERIOD
X17,854.59
1,2~2.5~
TOTALlTODATE
X17,854.59
1,2~=.5
THIS-PERIOD----~--TOTAL-TO DATE
AMOUNT EARPJEU ~ ~ 19 t~77. 1 2 19,t~77.11
AMOUNT RETAINED ~ X81 ~y. 4C? X81 ~ . 4~=~
MATERIAL ON SITE ~ ~:r~, t~G $t~, ~?iy
MATERIAL DEDUCT. ~i~, GU ~C~. i3t>
PREVIOUS PAYMENTS ~ *~**~~~*~~~~~~~.~..~* ; ~t~. t~C~
AMOUNT DUE ~18,~6~.71 $18,^b~:r.71 ;
I hereby certify that I have carefully inspected the work and as a result of any
inspection and to the. best of my knowledge and .belief, the quantities Shown in this
estivate are correct and have nat been spawn in previous estiaates and the work has
been perfarned in accordance with the tontract docuaents.
Architect/Engineer: tfAIER STEWART & A~SjSDCIATES,l INC.
2~ f ~ 1 e )
Approved by Association/Aorrawer/Owner
Representative: H y ---------------------------------------
tTi tle}
I hereby certify that all iteee and aeounts shown are carrect far the work co®pleted
to date.
Contractor: BITUNINDUS RDABYAYS, ING.
Sys ~1~~~-:,,~ -------- -------------
s~ ~ - ------------
Title}
Consent x
Policy CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item: E ~
Meeting Date:~9
1
ITEM DESCRIPTION:
Licenses
SUBMITTED BY: S • Chenoweth
REVIEi~TED BY:
ERPLANATION/SUMMARY (attach additional sheets as necessary):
General Contractors:
Schreiber, Mullaney Construction #359
2365 S. Century Ave.
Woodbury, MN 55125
Superior Roofing #358 (New)
2717 E. 32nd
Mpls., MN 55406
Mechanical:
Dependable Heating & Air Conditioning #357 (New)
2619 Coon Rapids Blvd.
Coon Rapids, Mn 55433
Corporate:
Furniture Plus - #360
15442 W. Larpenteur
Falcon Heights, MN 55113
ACTION REQUESTED: Approval
L~
Consent
Policy X
L~
r~
L~
CITY OF PALCON HEIGHTS
REQUEST POR COUNCIL CONSIDERATION
Agenda Item: F-1
Meeting Date:B/9/89
ITEM DESCRIPTION:
Chapter 3, Part 5.01)- Code Amendment Relating to
Alarm Systems
SUBMITTED BY: Shirley Chenoweth and .Tom Gedde
REVIEWED BY:
ERPLANATION/SUMMARY (attach additional sheets as aecessary):
We had been told by our previous legal consultant that
we could not assess for unpaid False Alarms. Tom Gedde
has drafted new language for the City Code which would
allow us to do this.
ACTION REQUESTED: Approval of Ordinance 0-89-13
0-89-13
CITY OF FALCON SEIGHTS
ORDINAIQCE
Date August 9, 1989
AN ORDINANCE ESTABLISHING SPECIAL ASSESSMENTS FOR FALSE FIRE AND
SECURITY ALARMS.
THE COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1. The Code of the City of Falcon Heights, Section 3-5.01, Subdivision
4.b. shall be amended to read as follows:
b. Special Assessments. One or more times annually, all unpaid special charges
for false alarms, along with any penalties which have attached, may be cumulated
by the City Clerk and thereupon the Clerk shall publish notice in accordance
with Minnesota Stat. Sec. 429.061 that the Council will meet to consider the
adoption of a special assessment roll including all such unpaid special charges.
The assessment procedure of Section 429.061 shall be followed and any assessment
roll adopted by the Council hereunder shall be certified by the Clerk to the
Ramsey County Department of Property Taxation for collection with taxes due
against the property on which the alarm system is installed. The. certification
process shall take place on a yearly basis by October 10 of each year or by such
earlier date as is necessary to have delinquent charges collectable with taxes
due and payable against the property in the next calendar year.
Moved by
YEAS Nays
BALDk'IN
CIERNIA
CHENOk'ETH
GALL I N
BUSH
Adc+pted by Council
in Favor
Against
Approved by _
I~iayor
Date
Attested by
City Administrator
Date
S'TREET'S, PARKS, PUBLIC SAFE'T'7~ & II+~lROVEMEIaS 34.01/5.01
d. T~~t~, ~i No parson over the age of 6 shall enter any canfort
station or restroom, washroan or toilet facility set apart or desig-
Hated for the opposite sex. No person shall lurk or loiter in or
around any toilet or other park structure except to use such
facility for the purpose for rich ft is intended.
e. Alcoholic and Tn QYi at; ~ Beverages. No person shall trcVls-
port, possess, offer for sale, consume or be under the influence of
any beer, wine, liquor or other alcoholic or intoxicating beverage
in any park site except with a special permit or in such areas and
at such times as may be designated by the council or clerk.
f. Unla >> Sages. NO person shall sell, offer for sale, hawk,
peddle or lease any object, merchandise or service or wiry on any
manner of business or commercial enterprise except those concessions
authorized by the council.
g. Law Enforcement Officers and E®loy~_ No person shall will-
fully resist, refuse or fail to comply with any order, direction or
request lawfully given by any law enforcement officer or city
employee acting order the authority of the council and in accordance
with this section.
Subdivision 5. Penalties for Violation. Any person violating any of
the provisions of this section shall be guilty of a misdemeanor.
3-5.01 lation
Subdivision 1. Scope and Purpose.
a. done. This ordinance provides regulation for the use of fire,
burglary, and safety alarms, establishes users fees, and establishes
a system of administration.
b. s. The purpose of this Ordinance is to protect. the
public safety services of the City from misuse of public safety
alarms and to provide for the maxim~na passible service to public
safety alarm users.
Subdivision 2. definitions.
a. Alarm Systems. An alarm installation designed to be used for
the prevention or detection of burglary, robbery or fire and located
in a building, structure or facility.
b. Alarm User. .The person, firm, partnership, association,
corporation, coa~any or organization of any kind in control of any
building, structure, or facility wherein an alarm system is
maintained.
15
PRIGS, PUBLIC SAF~'TY ~ 3-5.01/6.01, 6.02
c• ~ An alarm eliciting a response by personneloftheieiqtySherrif's Department when a situation requiringarespo^^e des rot, in fact, exist, and which is caused by the
activatan of the alarm system through mechanical failure, per ,~,[- ,.1 ~3~quate cleaning or maintenance, alarm mal5urction,improper ~ or the inadvertence of the caner or lessee of
an alas s~te®~ his/her employees/agents. False alar®s do notincludeclasscs~sed bZi climatic vooditions such as tornadoes,thunderstonis, utility line mishaps, violent oanditi:ons of nature or
any other ao^datiac~s which are clearly beyond the onntrol of the
a^er, installer or owner.
d• ~ rin alarm eliciting a response by persoru~el oftheFalsu$ Heights Pire Department when a situation requiring a
response does- cat, in fact, exist, and wfien is caused by the
activation aE the alarm system through mechanical failure, petIDuvem~t, isadeq~ate cleaning or mainter-anoe, .alarm malfunction,it~roPer instal ~~..i^*+ or the inadvertence of the a~er/lessee of an
alarm s~etes or his/her empoloyees/agents. False alar~os do notincludealaziscewsedbyclimaticconditionssudzastornadoes,ttunaerstacros,, utility line mish~s, violent oodditions of nature or
Y ~~ aoaditiox~s which are clearly beyond the control of the
ur+er, installer or owner.
r..ptrty
Subdivision 3. False Alarm Fee Rerniired. The responding Police or
Fire Department shall file a written report of each false alarm with theClerkA~ninistrator. Upon receipt of the first false alarm report, the
Clerk Adrrtinistrator shall notify the alarm user of the provisions of the
Code. Upon receipt of a third and all subsequent false alarms at an
address within one calendar year. the Clerk tr,eter shall, bymail, notify the alarm user of the fee'. enforced for said false alarm,such fees to be established and revised by Resolution.
Subdivision 4. $~ent of Fees.
a• Sere Due Payment of user fees provided for under
Subdivision 3 Bust be made to the City Treasurer within thirty days30) of the date of notice by the City to the alarm user. Failure
to pay within said 30 day period will cause the alarm user to be
considered deling~ent and subject to a penalty of a full ten percent10$) of the fee in addition to the fee due.
f!PrFifla7 Ms L~ n7w~1, n.1..;..:..a..~a..~ a. aL~ ..------ n~._i... ^- .a It
26
b. Special Assessments. One or more times annually, all unpaid special char es
for false alarms, along with any penalties which have attached, may be cumulated
by the City Clerk and thereupon the Clerk shall publish notice in accordance
with Minnesota Stat. Sec. 429.061 that the Council will meet to consider the
adoption of a special assessment roll including all such unpaid special chargesTheassessmentprocedureofSection429.061 shall be followed and any assessment
roll adopted by the Council hereunder shall be certified by the Clerk to the
Ramsey County Department of Pro erty Taxation for collection with taxes due
against the property on which the alarm system is installed. The certification
process shall take place on a yearly basis by October 10 of each year or by such
earlier date as is necessary to have delinquent charges collectable with taxes
due and payable against the property in the next calendar year:
Subdivision 5.
this Ordiance
Enforcement.Failure or omission to comply with any Section.
shall be deemed a misdemeanor and may be so prosecuted, subi`ect
to the penalties hereinafter provided.
Consent
Policy X
CITY OF PALCON HEIGFITS
REQUEST FOR GOUNGIL CONSIDERATIBN
Agenda Item: F-2
Meeting Date: 8/9/89
ITEM DESCRIPTION: Sheriff's Department Budget/Cost Sharing Formula
SUBMITTED BY: Commander Bergeron, Ramsey County Sheriff's Dept.
REVIEWED BY: Jan Wiessner
EXPLANATION/SUMMARY (attach additional sheets as necessary):
The City. of North Oaks is proposing that the cost sharing
agreement be changed from 1/3-1/3-1/3 (population, events,
acreage) to 1/3-1/3-16.67-16.67 (population, events, acreageandmileage.)
This would result in a slightly higher cost for the City of
Falcon Heights ($2,000). Also, White Bear Township is interested
in joining the 5 City Contract. This would result in a similar
reduction in cost to Falcon Heights. The current cost sharing
agreement between Lauderdale and Falcon Heights is based on
1/3-1/3-1/3. At this time, that has not been discussed to be
changed.
ACTION REQUESTED: Discuss North Oaks' and White Bear Township's
proposals.
f ~~Xe ~1~~~~~.j~~,
Y ~ I.. 7,ACll. ~ ~/,
SNER/ff , ~?s~sr
CHARLE5 L. ZACHARIAS
F, . /ti COUNTY of RAMSEY
George W. Katseres, Chief Deputy
14 W. KELLOGG BLVD. • ST. PAUL, MINN. 55102
T0: Jan Weissener
Falcon Heights City Admin', or
FROM: Commander J. Berr~eron
I)A'Tl;: July 21, 1989
SiiBJ: Meeting of July 20, 1989
As you a].1 know, several topics were discussed at this meeting.
I was directed by everyone in attendance to condense what transpired
and bring this to the attention, in written form, to the City Mayors and
councils.
1'tie items of discussion were as fellows:
1,, A presentation was Riven by Gary Kollman, Director a£ the
Ramsey County Sheriff's Dispatch Center. Gary discussed the recent
consultants study of the Sheriff's Dispatch service and relayed the
consultants findings and his concerns for maintaining the level of
service we all current]y are receiving, In a nutshell, the DispatchCenterreachedmaxirnu~ii work. load in February of 1989. As of July1989theDispatcher's are working at 387 over capacity. This trend
i~ going to continue for the foreseeable future at a rate of 5.57
compounded annually. By June of 2000 the Dispatch Center will have
an increase of 807 more work load then they have as of now.
Ways to fix this problem were discussed. One way would be to hire
more Dispatcher's, A starting Dispatcher earns approximately24,000 per year with periodic wage increases. At a minimum it
would cost $144,000 per. year for six new Dispatcher's without a
wage increase. Six Dispatcher's is what is needed to staff one position24hoursadaysevendaysaweek. This would be a temporary short
lived fix with an increasing annual cost.
Ihe other option discussed was the possiblity of installing mobiledataterminalsinallsquads. This would enable Deputies and
other Dispatch user officers to run their own data checks, therebyfreeingupthecurrentnumberQfDispatcher's to perform other duties
ADMINISTRATIVE • COURTS DIVISION 298-4451 ADULT DETENTION DIV1510N 292-6050 PATROL DIVISION 484-3366
Page 2
of a more emergency type nature. Attached is an estimated cost break-down prepared by Gary Kollman.
2. Lt. Dick Dornbusch presented an overhead display of current
squad district patrol areas and the proposed squad district patrol
areas for a new 6 City contract. Questions were raised as to
what the Sheriff's Departments responsibility would be to the Cities
without any contracts. Attached you will find a report preparedbyLt. Dornbusch outlining the Sheriff's Department role without
contract policing. Also attached you will find 3 maps indicatingpatrolcoverageaspercurrentcontracts.
3. The discussion again turned to the formula for distribution of
expenses for the Contract City Police service. Various formulas were
discussed among them being different weight values for each factor.
It was requested that Dan Swanson, from the Sheriff's Department
Budget and Accounting prepare a comparision between these formulas.'
That comparision is attached.
I request that you, as a representative of your City, show this reporttoyourCityCouncilsforreview. The end result will be all of
the Contract Cities agreeing on a particular formula for distribution
and billing. I and any of my staff will make ourselves available
for any assistance we may provide
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CHARLES L. ZACHARIAS
COUNTY of RAMSEY
George W. Katseres, Chief Deputy
14 W. KELLOGG BLVD. • ST. PAUL, MINN. 55102
TO: Jan Wiesener
FROM: J. Bergeron
DATE: July 27, 1989
SUBJ: Meeting of july 20, 1989 (supplement)
It was brought to my attention by Police Gvmmigsioner Bill. EcklundfromNorthOaksthatIfailedtorelaypertinentinformationto
you in my last correspondence.
Specifically, Commissioner E;:klund points out that the City of
North Oaks maintains that the formula is not equitable. City
representatives agreed that to make changes in the formula, an
indepth study should be made by the contracting cities. Generallyitwasacceptedthatthiscouldnotbeaccomplishedforthebudget
year 1990, but revisions if any, could be implemented by 1991.
Commissioner Ecklund suggested that in the mean time, the contract
cities, consider and accept a formula based on 1/3 population,1/3 events, 16.67 acreage and 16.67' mileage. Those figures were
enclosed in the last correspondence
Some of the city~s representatives had to leave before the meetingwaGconcluded. The representatives who remained agreed to take
this proposal to their City Councils for explanation and acceptance.This would then become the formula for the distribution of costs
for policing for the 1990 budget estimate.
I hope that this has cleared up any confusion that there may havebeenconcerningthismatter, and I apologize for any inconveniencethatIhavecaused.
Please get back to me when your City has reached a decision so
that we can proceed with the budget process.
ADMINISTRATIVE • COURTS DIVISION 298-4451 ADl1LT DETENTION DIVISION 292-6050 PATROL DIVISION 484.3366
K~ic ~.
1~
e`~+-' ~ii!'!ET E~IIPI:~:T~ F~~r. r-'~,~ ENFORECEHENT SERVICES
PROVIDED THE NINE (9) CONTRACT CITIES
COST BREARDOpN BY CI
Arden Hills
Falcon Heights/Lauderdale:
Ge® Lake:
402,948
384,825
5 Cities - Deputy Index - 2.165 $22,153
6 Cities - Deputy Index - 1.805 : 6,683
Deputy/Sergeant Index - 1.455 2,853
Radio Charge: 1,460
35,144
Little Canada:
5 Cities - Deputy Index -20.615 211,375
6 Cities - Deputy Index -17.595 84,851
Deputy/Sergeant Index -13.615 26,895
Radio Charge:18,899
342,020
North Oaks:
5 Cities - Deputy Index -13.085 134,148
6 Cities - Deputy Index -10.735 51,160
Deputy/Sergeant Index -6.805 17,313
Direct Charge:86,044
Radio Charge:4,]08
293,973
Shoreview:
5 Cities - Deputy Index -42.505 :435,811
6 Cities - Deputy Index -35.78X 112,546
Deputy/Sergeant Index -28.245 55,561
Radio Charge:24,284
686,318
Vadnais Heights:
5 Cities - Deputy Index -21.655 222,041
6 Cities - Deputy Index -18.185 67,697
Deputy/Sergeant Index -14.435 28,390
Radio Charge:12,861
350,989
White Bear Township:
Direct Charge: 296,604
6 Cities - Deputy Index - 15.92x 76,195
37~-
G~vuX~ ~i ~ F r +~ 3 Pf ~~ (/U3 FtEs~
z -~~A~
2,873,621
l~[',
1~ /~
199;? P'?rnr;E ~ ~~,' I1~1ATE F~?r r `, s? E!ieGRE'~:Ei~iEHT SERt?ICFc
pRQVI?_:~? THE EIGHT `~J {:OFiTRACT CITIES
CuST eREAfUO~ti RY CITY
Arden Hills - include= Ueputy/Sergeant
index: (15.477.7 ~ Radio Servicel:
Falcon HeightslLauderdale !includes
Deputy/Sergeant Index (7.41}
Radii Service!:
5 -Contract Cities
Gem Lake
Ilepaty Index - ?,ltl
6eputy/Sergeant Index: - 1.bH7.
Radio Char•ee:
5410,007
t?oq ~~y'v iJ ! l a
y/i~~ V3T
J, 312
i , 45{?
537 . ~,;:5
Lithe Canada
Uep*..~ty Index: - 20.617,
Ueputy~Sergeant Index: - 15.481
Ratiio Charge:
Horth G3k5
Uenuty Inde.. 13,081
Deputy/Serge.sr.t Inde;: - 10,.:7
Direct Char~~:
Radlo CYlar'ec•
Shorevie+~
Deputy Index: 42.501
Deputy; Sergeant In-ia:: -;'2.341
Radio Ct~aree:
adn315 Helghts
Depot y Index. 21 .5~1
Deputy/Serge:ant Index: - 16.537.
P,adio Charge:
j ~ .~~~
5 / :?4
18,84
y,62,900
514$,82
10,5c9
i7 s 1 7'~
4 . ! ~?
y~l'_ ?~i
5_, 6,,c,,1
54,244
4.24
5~34s57`'
5329, i??5
32, 48
3x4,9.;.
y'
Rev. 0/15!84
The original estimate by the consultant for the purchase of the
MDT Backbone system was predicated upon using CAb software for the
inter daces with State and County data bases.... Since it appears as
though we will not implement a CAD system in conjunction with MDT's
we must increase the estimated cost of the backbone system from
129,000 to $170,000.
The only common denominator between the 15 cities which might sharethecostofthebackbonesystemispopulation. Population figureswereobtainedfromtheMetroCouncil. Cost of the backbone systemwasdividedbythetotalpopulationofthecitiestoarriveata
per capita cost.
City Population Cost
Arden Hi11s 10,700 x 794 8,496FalconHeights5,300 x 794 4,208GemLake420x794333
Lauderdale 2,200 x 794 1,747LittleCanada8,500 x 794 6,749
Maplewood 31,000 x 794 24,614Moundsview13,700 x 794 10,878NewBrighton24,000 x 794 19,056
North Oaks 3,200 x 794 2,541
No. St. Paul 12,700 x 794 10,084Roseville
Shoreview
35,000
25 000
x
x
794
794
27,790
19,850VadnaisHeights9,600 x 794 7,622WhiteBearLake24,000 x 794 19,056
White Bear Twnship 8,700 x 794 6,908
Total 214,020 169,932
Page 2
Cost of the MDT's are approximately $4,000.00 each.
The cities of Shoreview, North Oaks, Vadnais Heights, Little Canada
and Gem Lake will need to equip 4 primary squads, 4 back up squadsand2spareMDT's for exchange when in need of repair. The cost of
these is $40,000.00 and is divided by population.
We recommend that Arden Hills Equip 1 primary squad, 1 back up squadandpurchase1spareMDT. We recommend that Falcon Heights and
Lauderdale do the same with the cost shared by population.
Percapita cost Yor the {ive contract cities is .86
Percapita cost for Falcon Heights and Lauderdale is 2.0
Backbone
ity Cost MDT cost Total
Arden Hills 8,496 15,000 23,496
Falcon Heights 4,208 10,600 14,808
Gem Lake 333 361 694
Lauderdale 1,747 4,400 6,147LittleCanada6,749 7,310 14,059
North Oaks 2,541 2,752 5,293
Shoreview 19,850 21,500 41,350
Vadnais Heights 7,622 8,256 15,878
White Bear Twnship 6,908 15,000 21,908
CONTRACT POLICING SQUAD ASSIGNMENTS
i The three maps attached are simply designed to show our current squaddistrictsfortheContractCities. These areas are for routine patrol
coverage when not on calls. Routine patrol includes traffic enforcement,neighborhood patrols, business checks, etc.
As backup cars are needed on calls the primary squad for that area
is sent as well as the nearest backup squad.
These maps do not include squad 2446 which is the County patrolsquadandthe4K-9 squads which are responsible for Parks and OpenSpacesaswellasbackupofcitysquadsasneededoncallswherea
K-9 unit is necessary (i.e., crowd control,searching buildings,tracking,lost articles, lost persons, etc.)
Questions were raised as to what the Sheriff's Office would providetothecitiesifnocontractwereinplace. The answer to this
question is both simple and complex. Simple if we go by Statutoryrequirements, difficult if yvu take into account personal responsibilityoftheSheriff.
By Statute the Sheriff would provide patrol to all County Parks and
Open Spaces, some form of investigations for mayor crimes to assist
other agencies, and Water Patrol for all surface water acres in the
County. Beyond these there is no Statutory requirements.
What this means in terms of the Patrol Division is we would have one
24 hour squad requiring 6 Deputies and one supervisor (2446) whose
primary responsibility would be Parks and Open Spaces. We would
probably maintain some K-9 units for assistance to other agencies.We would have 3 Deputies working Water Patrol and continue to use
part time volunteers to supplement the 3 regular Deputies. We would
need to maintain 12 Dispatchers to continue to provide dispatchserbicestoRoseville, Moundsview and New Brighton as well as our squads.We would no longer be required to maintain the 911 system for non`
contract cities. We would no longer provide street maintenance`
notifications of problems in cities not contracting. No policerecordswouldbekeptorrequiredfornoncontractcities, no fire
dispatching would be required. Our Patrol Division would continue
to have 5 Investigators and 1 Supervisor working Special Investigationsi.e., narcotics and assist other agencies).
Our organizational chart would look as follows:
cont
Page 2
i•
Communications
Supervisor ~"
12 Dispatchers
Clerk Investi~,ations
Set.
Division
Commander
Lieutenant
rartcs/open
Space Patrol
S t.
K-9
2)
6 Deputies
Water Patrol
Supervisor
2 Deputies
Part-Time
Reserves
5 Investigators
Total Patrol compliment ...... 35 Personnel
1 Division Commander 2 Clerks
1 Lieutenant
1 Communications Center Supervisor
3 Sergeant's
12 Dispatcher's
15 Deputies
I hope this answers questions that were raised during the meeting.Our County patrol squad would answer emergenr.y calls in all
cities not covered by their own police agency as best it could.
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SERGEANT/DEPUTY SHERIFF-INVESTIGATION
BUDGET INDEX - 33.33/33.3.3/33.34 FORMULA
AREA
Cities
Arden Hills :
Falcon Heights%
Lauderdale
Gem Lake
Little Canada
North Oaks
Shoreview
Vadnais Heights
TOTALS:
723 2.66
2,843 10.47
5,548 20.43
8,162 30.06
5,192 19.12
27,157 100.00
POPULATION
Cities
Arden Hills
Falcon Heights/
Lauderdale-
Gem Lake
Little Canada
Iv'orth Oaks
Shoreview
Vadnais Heights
TOTALS:
Acres Index
3,944 14.52
745 2.74
Population Index
9,737 15.89
5,693 9.29
410 67
8,623 14.07
3,205 5.23
23,898 38.99
9,720 15.86
61,286 100.00
EVENTS INVESTIGATED (1988)
Cities
Arden Hills
Falcon Heights/Lauderdale
Gem Lake
Little Canada
North Oaks
Shoreview
Vadnais Heights
TOTALS:
Events Inv.
3,437
2,559
366
4,708
1,173
6,053
3,203
21,499
COMBINED INDEX
Cities
Arden Hills
falcon Heights/Lauderdale
Gem Lake
Little Canada
North Oaks
Shoreview
Vadnais Heights
TOTALS:
Index
15.99
11.90
1.70
21.90
5.46
23.15
14.90
100.00
33.33$
4.84
91
89
3.49
6.81
10.02
6..37
33.33%
33.33
5.30
3.10
22
4.69
1.74
12.99
5.29
33.33.
33.34
5.33
3.97
57
7.30
1.82
9.38
4.97
33.348
100.U0~
15.47
7.98
1.68
15.48
10.37
32.39
16.63
100.00$
SERGEANT/DEPUTY SHERIFF - INVESTIGATION
BUDGET INDEX - 16.67 16.67 33.3 3 FORMULA
ACREAGE
City Acres Index 16.67
Arden Hills 3,944 14.52 2.42
Falcon Heights/Lauderdale 745 2.74 4G
Gem Lake 723 2.66 44
Little Canada 2,843 10.47 1.74
North Oaks_5,548 20.43 3.41
Shoreview 8,162 30.06 5.01
Vadnais Heights 5,192 19.12 3.19
TOTALS:27,157 100.00 16.67
MILEGE
City Miles Index 16.67
Arden Hills 48.956 15.62 2.60
Falcon Heights/Lauderdale 34.233 10.92 1.82
Gem Lake 5.084 1.62 27
Little Canada 36.269 11.57 1.93
North Oaks 45.893 14.64 2.44
Shoreview 98.300 31.36 5.23
Vadnais Heights 44.736 14.27 2.38
TOTALS:313.471 100.00 16.67$
POPULATION
City Population Index 33.338
Arden Hills 9,737 15.89 5.30
Falcon Heights/Lauderdale 5,693 9.29 3.10
Gem Lake 410 67 22
Little Canada 8,623 14.07 4.69
North Oaks 3,205 5.23 1.74
Shoreview 23,898 38.99 12.99
Vadnais Heights 9,720 15.86 5.29
TOTALS:61,286 100.00 33.33
EVENTS INVESTIGATED (1988)
City Events Inv.Index 33.33
Arden Hills 3,437 15.99 5.33
Falcon Heights/Lauderdale 2,559 11.90 3.97
Gem Lake 366 1.70 57
Little Canada 4,708 21.90 7.30
North Oaks 1,173 5.46 1.82
Shoreview 6,053 28.15 9.38
Vadnais Heights 3,203 14.90 4.96
TOTALS:21,499 100.00 33.330
Continued....
SERGEANT/DEPUTY SHERIFF - INVESTIGATION
BUDGET INDEX - 16.67/16.67/33.33/33.33 FOR
COMBINED INDEX
Cities 100
Arden Hills 15.65
Falcon Heights/Lauderdale 9.35
Gem Lake 1.50
Little Canada 15.66
North Oaks 9.41
Shoreview 32.61
Vadnais Heights 15.82
TOTAL:100.00
ls/a~
LJ
Rationale for Revising Sheriff's Formula
Historically no one seems to be able to explain the who, how and why of
the present 331/3.- 331/3 - 331/3 Sheriff's formula for area - population -
events. With four cars patrolling 24 hours the area covered is not as
important factor.
The area covered is constant from city to city while the population and
events covered are constantly changing - almost always upward. The variable
costs of servicing the cities are measured best by number of events -
which is also correlated to population growth - not area size.
To correct this imbalance we have a choice of options:
1. Eliminate area from the formula. This could mean a 50/50 formula
between population and events.
2. Revise the formula by reducing the percentage for area from 33 1/3%
to 25%, 20%, or 15%. Perhaps this formula should be:
20 -40 -40 or
25-35-40 or
20-30-40 or
0-50-50
It depends upon. what empahsis should be placed on each of the three
factors - area, population and events.
3. Another option is to make "area" a more significant and accurate
factor by switching to road mileage rather than acres of area.
For instance nearly 25% of North Oaks has one long driveway and
no roads. It is made up of the Louis Hill farm, with two houses
and two families on the entire property.
Each of these options has different effects on the Sheriff's budget for
various cities.
It is believed that a formula change at this time would be a more equitable
and fair method of paying for our police protection.
RWF:npr
City of North Oaks \\1
l
Jtc,~-c ~ B 8'
RILES OF ROAD IN FALCON HEIGHTS
9.35 miles -Local
2.54 miles - Mn. State Aid
88 miles -County
4.97 miles - Couaty State Aid
75 miles - T. H. (State Highway)
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Consent
Agenda Item: F-3
Policy X
CITY OF FALCON HEIGHTS
Meeting Date: 8/9/89
REQUEST FOR COUNCIL CONSIDERATION
L
L_
ITEM. DESCRIPTION: Conditional Use Permit Amendment:
1544 Larpenteur Avenue (JJ's Indoor Amusement
Center)
SUBMITTED BY: Joseph A. Sacco
REVIEWED BY: Planning Commission ( 8/7/89 )
Susan Hoyt-Taff
Larry Janke, Ramsey County Sheriff's Dept.
Jan Wiessner
ERPLANATION/SUMMARY (attach additional sheets as necessary):
The Planning Commission wiJ_1 be holding a Public Hearing on this
item on Monday, August 7, at 7:45 P.M. Their recommendations will
be available by the Council meeting 8/9/89.
Mr. Sacco is requesting two amendments to the Conditional Use Permit,
granted under 9-10.01, Subdivision 2(p) on February 8, 1989, for an
indoor amusement center at 1544 Larpenteur Avenue. If approved, the
amendments would:
l. allow the owners to employ one person rather than
two persons after 7:00 p.m., if business warrants it
condition R-89-5, #1)
2. allow the business to stay open until 7_:00 a.m. rather
than midnight seven days a week (condition R-89-5, #l0a).
Please note that under 8-3.06 of the Code, minors 16 & 17
cannot be in a place of entertainment or amusement after
midnight.
The original Conditional Use Permit calls for a review of the permitwithinthefirst3months. Therefore, consider this an opportunity
to assess the amusement center.
g~pg~~ Attachments: 3-A - Application
3-B - Description of Business
3-C - Floor Plan
3-D - Conditional Use Permit (R-89-5)
3-E - 8-3.06 Curfew and Parental Duties
3-F - Memo to Mayor Regarding Hours of
Operation
ACTION REQUESTED: 1. Consider request from J. Sacco and recommenda-
tion from Planning Commission.
2. Consider amendment to Conditional Use Permit
U
o
FALCON HEIGHTS
2077 w. ~AR-ENTEtM wENUE FALCON ~K.-RS. MN 53tt3.5b9~ ~FIONE t~Z.b+~ .5050
A
APPLIG?'iON FOR CONSIDERAT70N OF PUINNING REQUEST
Commission Action fDatt etc ~ ~ f ~
Counc~ Action~Date ~ pad '+"t-
i
Applicant CO
Name: ~D~ - ~ ~~,..~/,~40 ~3-~ SS-3/~
Address: /79~
owner
Name:
Address: l~ ZS 7 3•nl f~~ce . ~I.~ l r-tia ~.1~- ,t,1„ S S
Street Location of Pro in Question: ~, ,
Legal De:.cription of Property:
Type of Request: Raoning
Variance
2a . ~~'+ / C'ondnional Use Permit ~ M ~^'`~''N'~^-"q'"
Oche (apec~Y)
Applicable Zoning Code Number: C'~apter Ct - /o ~ of Session 2 (p
Present Zoning of 13roperty: ~ - 2
Present Use of Property. .~~,~Z~ ~'.~u1~.•..e~.L,L ~~,~~
I hereby declare that aIl statements taadc on this request and ea the adduioaal taateriai arc true.
lc.~
to `'
eternt by (name t,tk i ;
A~'~~ c.~-nv~~
P
L"3) A-1
We would like to amend these two conditions; (1) & (10A)
Current statistics regarding the number of people in our store at one time since
we've been open show that having 2 adults working is a 1-7 ratio: that's on real
busy days. We nave more of a constant flow of traffic rather than a lot of
people at one time. We are paying someone to be there when 90% of the time only
5-10 people are in the store. We suggest you leave it to our discretion as to
how many people we need to handle the store at any given time.
true to the flow of traffic (trickle in) we would like the option of staying open
until 1:00 am.
We don't think we're asking a lot to amend these rules so please note our current
record (immaculate) and how we have cooperated in everything else.
Josep A. Sacco
CJ
n
U
3J B
I
ovember 22, 1988
APPLICANTS: Joseph A. Sacco
46 Gladstone Street
Circle Pines, N!N 55014
and
James G. Sacco
8394 Spring Lake Road
Moundsview, MN 55432
TYPE OF BUSINESS: Indoor 'Amusement Center
DESCRIPTION OF REQUEST: Zoned B-2
Conditional Use Permit
DESCRIPTION OF BUSINESS:
Two Family - Owner Operator
Video Arcade Games (5 video games to 1 pool table ratio)
Coin Operated Pool Tables
Pinball Machines
Snack & Beverage Vending Machines
STAFF: At least one responsible adult at all times. We will
increase staff as head count increases. Number of
people in building will comply with Fire Marshall
ordinance.
HOURS: Hours to comply with city ordinance.
REASON FOR REQUEST•
As parents, we feel it is important to .provide a controlled
environment for young adults to go to in their free time.
Our goal is to create a drug and alcohol free atmosphere for
young people to have a good time without peer-pressure. We
will cooperate with the parents and law enforcement agencies
to deter all substance abuse (drugs/alcohol) in or near our
establishment. Rules and regulations will be posted and
strictly enforced.
We appreciate your time in considering our request.
Sincerely,
a~ ~~~
Jose A. Sacco James G. Sacco
d E {)
i•
r ~ ` ~+~
1 ~ I it
L f~.~f
1 ~ ~ s1~tltdt
TO ~ ~
JOSEPH A. SACCO COUNTRY vILIAGE OFF!CE
REALTOR• a00t RICE STREET '
ExECUTIvE SALES ASSOCIATE SHOREwEw MN 55'26
w,,,~ MILLION DOLLAR CLUB ~
483-1200 j
1.J ~ RES. ~8a-Bt 57
PT I - - ~ - -
PT - -- _ -~--- -- --- -- -------- - --
rt -- - -
y -
y~, ~ - -- ---- - - -----
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r= ~'~~L Tf}clLE
3} D
R-89-5
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O P
Date February 8, 1989
R RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR OPERATION OF A GAME ARCADE AT 1544 WEST
LARPENTEUR (NORTHOME SHOPPING CENTER)
WHEREAS, the City of Falcon Heights received an application
dated December 21, 1988 for the issuance of a conditional use permit
to establish a game arcade in Northome Shopping Center, 1544 West
Larpenteur; and
WHEREAS, the City Council did carefully consider the request
as well as the recommendations made by the City's Planning Commission
after holding the required Public Hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Falcon Heights that a conditional use permit for .the establishment
of a game arcade at 1544 West Larpenteur Avenue be granted subject
to the following conditions:
j~ (1 )Maximum hours of operation will be 10:00 A.M. to 12
Midnight seven days a week. All existing applicabl
curfews will be enforced on the premises.
2) Restrictions on use of back parking lot after 9:00 P.M. will
be adequately posted by property owner:
a) Game Room parking will be restricted to front and side
parking Iots after 9:00 P.M. Property owner will install
appropriate signage.
b) All Arona exits from parking Iot shall be posted "left
turn only after 9:00 P.M.".
3) The back door will be an exit only conforming to Fire Code.
Moved b
f
y Councilmember Wallin Mproced by~ ~_2layor
February 8, 1989
YEAS Nays ' . Date
3j ~Ji~!~
CI3k?ilA `~_in Fsvor Attested by
CH=!~'ti~'=I-+ T ity AdminlstrctOT
L'i11?`: [~. Against
BLS:a February 8, 1989
Date
Adopted b} Coin:il February 8, 1989
n-1
2-
4) No less than present level of illumination in the rear
parking ].ot will be provided.
5) No alcoholic beverages (including 3.2 beer or wine} or controlled
substances without a prescription shall be sold, possessed,
or consumed on the premises of the game room, the common areas
within the building, or the parking areas.
6) The property owner will post on the exterior of the premises
No Loitering" and will prevent any loitering in common areas
within the building or in the parking areas and sidewalks
adjacent to the building.
7) Any person who has been convicted of a felony, controlled
substance abuse, or gambling law violation within the past
five years is prohibited from working as an attendant at the
game room.
8) The interior of the game room will be free of obstructions
to visual supervision by attendants and will be adequately
lighted.
9) Game room management will take all reasonable action to expel
intoxicated persons and will allow no disorderly conduct on
the premises, parking areas and adjacent sidewalks.
10) Adequate adult supervision will be provided until one-half
hour after closing to ensure that the health, safety and welfare
and existing community standards of peace and quiet are maintained.
r (a) A minimum of two adult attendants will be on duty after
7:00 P.M.
b) At Council's discretion, additional supervisory and/or
security personnel may be required.
11) First rev' of this con 'oval use will be within
three months ith annual reviFVS w on
anniversary date of opening. Review will a~so ere ed
upon a c ange in proprie ors ip or us o. tce business.
I'T, ur~ose o reviews will~fe ^or addit~no~ con3it2ons to
a7dress anv concerns r_~reatpA by the business
12) All advertising, signage or promotion of the business will
focus on attracting family oriented business.
13) At least fifty (50) percent of the interior space will be
designated as a "No Smoking" area.
t
31 E
8-3.06 Curfew ano Pares+at r~tf;oe -
St~division 1. Restrictions on ?no~~ It shall be unlawful for anyminorunderL~-e age of sixteen (16) years to loiter, idle, wander,stroll, or play in or upon the public streets, hig~y~s, roads, alleys,parks, playgrounds, public places a.-~d public buildings, places ofentertainmentandamusement, vacant lots, and other unsupervised placesintheCitybet~n the hours of 10:00 P.r. and 5:00 A.M. the followingdate. Ii~hall be unlawful for ny .;nnT ~ is 16 or 17 yews of a eoiteridlewanderstrollorIainorunthelicstreets,roads alle rks la Quids, lac does u
unsupervised Dlaoes in the City betti+een the hours of 11;00 nidaiaht andr
5.0 A. M. the follow morning. provided, hca~ver, that the provisionsofthesectionnotytoaminoracaoa~anie3d by his/her parent,guardian, or other adult person having the care and wstady of the
ainor, or a minor rho is upon ~ emergency errand, or other legitiaetebusinessdirected9byhis,/her psresit, guardian, cr other adult person `having the ®re and custody of the. siinor, or rbere the preserve of saidminorinsaidplaceor- places is corx,ecteed with and required by some
legitimate business directed by his/her parent, gterdian, of other adultpersonhavingthecareandcustodyofthelinos, rbere the presence ofsaidminorinsaidplaceorplacesismrneecteadwithandrequiredbysaneIegitinetebusiness, trade, profession, or occupation in rtyichsaidminorispear~itteed by lax to be engaged.
Received before the Game Arcade (3) F
opened.
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113.5594 PHONE 612644.5050
February 8, 1989
TO: Tom Baldwin
FROM Shirley Chenoweth
RE: GAME ARCADE
Mark Rorsanke, 1471 California, has attended all of the meetings on this
subject. He cannot attend the Council meeting tonight (nor any others
om his neighbcrhood) and wanted me to relay his concerns to you. Heelsverystronglythattherebenobackdoorentrancetotheestablishment
and would prefer an earlier closing hour--perhaps 11:00 P.M. He did say
he understands why the proprietors would prefer staying open until midnight.
SC:kjz
HOME OF Trif M !v\E50'A STATE FAtR AND THE U O~ M INSrTUTF ~F A~:+RiLULTVRE
Consent
Policy g
n
CITY OF FALCON IiEIGATS
BEQUEST FOR COUNCIL CONSIDERATION
Agenda Item: F-4
Meeting Date: 8/9/89
ITEM DESCRIPTION:
City Ethics Policies
SUBMITTED BY:
Carol Carlson
REVIEWED BY: ~ Jan Wiessner
ERPLANATION/SUMMARY (attach additional sheets as necessary):
Carol Carlson has researched other cities' ethics
policies and has prepared drafts for discussion
purposes. (See attached).
ACTION REQUESTED: Discuss draft Ethics Policies
D~R~T
ORDINANCE NO. 89-
AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR
PUBLIC OFFICIALS OF THE CITY OF FALCON HEIGHTS
The City Council of the City of Falcon Heights does hereby
ordain:
Section 1. Title. This ordinance shall be known as the: "Code
of Ethics for Public Officials of the City of Falcon Heights" or
Code of Ethics."
Section 2. Policy.
Subdivision 1. GGe_neral_Declaration of Polio. It is
imperative that all persons acting~in the public
service not only maintain 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. To achieve these goals
there is hereby established a Code of Ethics for public
officials. The purpose of this Code is to establish
ethical standards of conduct for such officials by
directing public disclosure by such officials of their
interest in property in the City of Falcon Heights.
Subdivision 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 and the
Constitution of this State and to carry out impartially
the laws of the nation, state and municipality and to
foster respect for all government. They are bound to
observe in their official acts the highest standards of
morality and to discharge faithfully the duties of
their office.
Subdivision 3. Dedicated Service. All officials of
the City shall be dedicated to fulfilling their
responsibilities of office described herein. 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 or
breach the law or ask others to do so, and they shall
work in full cooperation with other public officials
and employees unless prohibited from so doing by law or
by officially recognized confidentiality of their
work.
Section 2. Scope of -Persons Covered. The provisions of this
Code of Ethics shall be applicable to all public officials which
shall include the Mayor, members of the Council, advisory
commissions, committees and boards and staff (City
Administrator, City Clerk, City Treasurer) of the City, as well
as candidates for the offices of Mayor and City Council.
Section 3. Fair_and_Ec~ual_Treatment
Subdivision 1. Financial or Personal Interest.
Subject to the provisions of Subdivision 3 below, no
council member, commission member or committee member,
while acting as such, shall participate in the
discussion of, or vote on, any issue in which he or she
has any direct financial interest or personal interest
which arises from blood or marriage relationships.
Direct financial interest" is hereby deemed to mean
such an interest as would involve a reasonable
likelihood of gain having a monetary value of
substance. "Blood relationships" and "Marriage
relationships" shall be deemed for the purposes hereof
to include only immediate family relationships of the
first degree: spouse, children, mother, father,
father-in-law, mother-in-law, stepfather, stepmother,
brother, sister, sister-in-law, and brother-in-law.
Notwithstanding anything to the contrary above stated
or implied whenever two or more members shall declare
an interest in the matter as set forth then every
member of the City Council shall be required to vote on
a zoning ordinance or other form of amendment to the
City 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 during
the course of which discussion every council member
having either a direct financial interest or personal
interest as above described in this section 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).
Subdivision 2. Voting. Subject to the provisions of
Subdivision 3 below, 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.
Not withstanding anything to the contrary above statedorimpliedwhenevertwoormoremembersshalldeclare
an interest in the matter as set forth then everymemberoftheCityCouncilshallberequiredtovote on
a zoning ordinance or other form of amendment to theCityZoningCodewhichrequiresafour-fifths favorablevoteforapprovaland /or enactment (as prescribed bypertinentprovisionsofthestatestatutesforthe
State of Minnesota); provided that all of such requiredvotesbymembersoftheCityCouncilshallonlybecastandtalliedfollowingafullpublicdiscussionoftheitembeingvoteduponduringthecourseofwhich
discussion every council member having either a directfinancialinterestorpersonalinterestasabove
described in this section shall make a full disclosure
of the same. ( All such disclosures shall also be made
a matter of the public record along with the recordingofthevotesrelatingtothesubjectmatter).
Subdivision 3. Disclosure prior to Discussion. No
person covered by~this Code of Ethics shall take anyofficialactionwithrespecttoamatterinwhichhe or
she has a direct financial interest or personal
interest which arises from blood or marriage
relationships; provided that participation in the
decision-making process on his or her own behalf as a
private citizen shall not be prescribed by this Code of
Ethics, and provided further that 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 as he or
she may have in the same and to the extent that he or
she has no discretion to make a final controllingjudgmentorvoteonthesame. 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.
Notwithstanding anything to the contrary above stated
or implied whenever two or more members shall declare
an interest in the matter as set forth then everymemberoftheCityCouncilshallberequiredtovote on
a zoning ordinance or other form of amendment to the
City Zoning Code which requires a four-fifths favorable
vote for approval and/or enactment (as prescribed bypertinentprovisionsofthestatestatutesforthe
State of Minnesota); provided that all of such requiredvotesbymembersoftheCityCouncilshallonlybecastandtalliedfollowingafullpublicdiscussionoftheitembeingvoteduponduringthecourseofwhich
discussion every member having either a direct
financial interest or personal interest as above
described in this section shall make a full disclosureofthesame. (All such disclosures shall also be a
matter of public record along with the recording of thevotesrelatingtothesubjectmatter).
Subdivision 4. Disclosure of Confidential
Information. No personal covered by this Code of
Ethics shall, without proper legal authorization,
disclose confidential information concerning the
property, government, or affairs of the City, nor shall
he or she use such information to advance the financial
or other private interest of any person.
Subdivision 5. Acceptance of Gifts, etc. No person
covered by this Code of Ethics shall directly or
indirectly solicit any gift or accept or receive any
gift of substances whether in the form of money,
services,loan, travel, entertainment, hospitality,
promise or any other form, under circumstances in which
it could be reasonably inferred that the gift was
intended to influence him or her, or could reasonably
be expected to influence him or her in the performance
of his or her official duties or was intended as a
reward for any official action on his or her part.
Subdivision 6. Representing Other's Interests. No
council member shall appear on behalf of another's
private interest 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.
Subdivision 7. _F inancial_Gai_n_fro_m Sale,_Lease_or_
Contract. Except as specifically authorized by Section
471.88 of the Minnesota Statutes, no person covered by
this Code of Ethics who is authorized to take part in
any manner in making any sale, lease or contract in his
official capacity shall have a direct financial
interest in that sale, lease or contractor personally
benefit financially therefrom.
Section 4. Public Disclosure b~_City Council_ Within 30 days
after the effective date of this Code of Ethics each member of
the City Council shall file, as a public record in the office of
the City Clerk, a signed statement disclosing the following:
1) A list of the names of all business corporations,
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
a) with which he or she is connected as an employee, officer,
owner, director, trustee, partner, advisor, consultant,
fiduciary (other than as a nominee) or (b) 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 (c) in which he or she has any financial
interest through the ownership of stocks, bonds, or other
securities.
2) A list of his or her interests in real property or
rights in the same located within the City of Falcon Heights.
Subdivision 2. Each person who files as a candidate to
become a member of the City Council, at the time of
said filing as a candidate, shall also file the
disclosure statement required by this section.
Subdivision 3. Within 30 days after each anniversary
date of an initial filing, each persons required to
make such a filing under this section shall file a new
disclosure statement setting forth the information
required hereby as of the time of the new statement.
Subdivision 4. 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 position occurs.
Subdivision 5. This Code of Ethics 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
organization not conducted as a business enterprise or
governmental agency and which is not engaged in the
ownership or conduct of such a business enterprise or
governmental agency. Nor shall disclosure be required
where prohibited by professional or business
association ethics promulgated by any state agency.
Section 5. Penalty. A willful violation of this ordinance by
any person described in hereof shall constitute a misdemeanor,
punishable by imprisonment for not more than ninety (90) days,
or a fine of not more than $500.00, or both. A willful
violation shall include any of the provisions of this Ordinance
by any person covered hereunder, except the failure to file a
disclosure statement within the. times provided in Subdivision
5.
Section 6. Effective Date. The effective date of this Code of
Ethics shall be
ATTEST:
EXHIBIT "A" TO ORDINANCE N0._____
OF THE CITY OF FALCON HEIGHTS, MN
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
The undersigned, a public official as defined in Ordinance
No. _____ of the City of Falcon Heights, Minnesota, beingfirstdulyswornuponoath, 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:
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 owership 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, minor child or
other member of the undersigned's household.
4. That the undersigned has read and is familiar with the
provisions of the Code of Ethics enacted by the Council of the
City of Falcon Heights as Ordinance No. __ ____ ____ __; the
requirements of said ordinance with respect to the making and
filing of this Disclosure Statement; and the penalties set forth
in said Ordinance for violation of any provision thereof.
subscribed and sworn to
before me this ____ _ _
day of 19
Notary Public
Consent Agenda Item: F-5
Policy X
CITY OF FALCON HEIGHTS
Meeting Date:8/9/89
REQUEST FOR COUNCIL CONSIDERATION
r
ITEM DESCRIPTION:
Ordinance Publication
SUBMITTED BY: Jan Wiessner
REVIEWED BY: Paul Mattke
Shirley Chenoweth
Carol Carlson
EXPLANATION/SUMMARY (attach additional sheets as necessary):
We have recently identified a serious procedural error in the
adoption of ordinances. Since recodification in 1984, we have
operated with the understanding that ordinance publication was
only necessary for the Zoning Code (Chapter 9). We have now
learned that any changes to the Code are not effective until they.
are published. there have been 45-50 code amendments since 1984.
All amendments to the zoning code were handled properly).
Paul Mattke has advised us of 3 options to remedy this situation:
Publication of amendments in full, publication of summaries or
recodification. (See attached memo). We have recently discussed
the need for recodification to eliminate some of the repetitive
or unnecessary parts of the code.
ACTION REQUESTED: Recommendation: Authorize staff to proceed with
recodification using up to $10,000 in Contingency
Account funds.
T0: Jan Wiessner
FROM: Carol Carlson/Shirley Chenoweth
DATE: July 19, 1989
SUBJECT: Ordinances
The question of ordinance publication came up again when the
final draft of the dog ordinance amendment was adopted.
In order to be absolutely sure that the current policy
recommended by Briggs and Morgan) of only publishing the
Chapter 9 Amendments was in fact okay, I checked the Handbook
for Minnesota Cities - ordinances must be published and the
affidavit filed with the ordinance in an ordinance book.
I also called Ann Houle of the League and she confirmed that all
ordinances must be published. She is sending us information on
this.
The question is what to do about ordinances adopted over the
last 5 years but not published.
According to State Statutes 599.13 the city will have to publish
all ordinances adopted of ter the codification in 1984-85.
Consent
Policy
W~kshop X
L~
COUNCIL WORKSHOP
IMMEDIATELY FOLLOWING COUNCIL MEETING
CITY OF FALCON HEIGATS
REQUEST FOR COUNCIL CONSIDERATION
Agenda Item:
Meeting Date: 8~9~89
ITEM DESCRIPTION:
City Assessment Policy
SUBMITTED BY:Terry Maurer
REVIEWED BY:Jan Wiessner
ERPLANATION/SUMMARY attach additional sheets as necessary):
ACTION REQUESTED: Discussion Only