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CCAgenda_87Nov18
ADMINISTRATIVE UPDATE 1. DiSre Tree Removal - The diseased tree at 13581987withoutincident. 2. Raccoons - The city has purchased a live trap tocriminals. Residents having problems can borrowsucceedintrappingone, 3. Walk Signals at Snelling and Roselawn - IrII~lDot hascheckitout. 4. Recycling -.Reminder to recycle this Friday, Novem 5. Fire Department Christmas Party - Hunday, Decemberawrappedgiftforyourchild,i 6. Fire Ball -.Fire Department .Fund Raiser at the Bel27. Tickets are $5.00: 18, 1987 < was removed on November 5, ehend the four-legged trap and call us if they notified and they will 20th. 3, ~+ p.m., 5:30 dinner, bring Ballroom on Friday, November 7. Roselawn Avenue - The pro3 ect is winding down for th winter.raised and ramped for accessability and snowplowing rposes.)` The~bituminousiisfinishedexceptfora1~" wear coating which will be applied in the spring. Finalgradesandsodwillalsobedoneinthespring. 8. Larpenteur Avenue - A meeting was held on November 5 with representatives of HPackard, the U of M, Ramsey County .and the City to d scuss the county's study onlett~`stoplights. The next meeting will be held at 10:00 m, on December.7.. 9. Falcon Heights Community Report - The taping of the econd segment of the FalconHeights. Community Report will be on Thursday, Novemb r 19 at 3:30 p.m.stars will include: .Sgt. Sterling'Hintz, to-talk a ut crime preventionTandPattBush, the city's newly elected council member. a.L~- ~ ~t,~i~~tRG( 2CG~ w E a s~. cad~ m~ aZb `C -i' i O T' .T Lam, .T D p.:.. w f ~' to •. sue" ~' fS ~ ~ ~ C . ~ a 7P Ib w•. ~ 110 00 "" S Pf (0 ~ ~ Sip ~ ~ FA.A' ~ ~ ~ ~' S A s, ~` b s ~ ~ ~ vo ~ g s''' ~n ~ ~.~ ~ o ~f' co >r m ~ ~ 9 f4~ (~ ~ ~ ~ -.~ r. ~r1 ~ ~ ~ ~ f6 Q !,.[y Cam`. ~ P~ S ~i f~ ~ Vl g~' .~yy Ls~ ~.~o a ~. ~ ~ ~~~'"~ ~: ~ .. .8 ( ~~~ ~ ~ ~~ (~ F~ ~ ~ ~.. rr~ ~ ~ m a ~ ~ ~ g ~ ~ ~ ~3 tie ~? ~ ~' s ,~ s o• g r 1~. •~ ~t. g A g ~: 3 8~s~~~~:~~ ~ m~ ~e.~~ ADDENDUM TO CONSENT AGENDA FOR NOVEMBER 18, 1987 E(7) Appointment of Kevin Anderson and Philip Larson to Fire/Rescue Department Action: CITY OF FALCON HEIGHTS FIRE DEPARTMENT AND RESCUE SQUAD Application for Membership PERSONAL INFORMATION Name QH~rw,e.~+ Date Received '~ i. :% ~' ~~~ Oate of Birth oq/c,~ j~ Last Fi rst nidOle No applicant under 18 or over I10 years of age is eligible). Address /4yo 'o~y~'',~ _ S,F. /110. street City "State Zip Telephone 33/-w ~7S" S'38- /T5~8'~~ Soc. Sec. f yT3-mfr-s/'//~ ome wor Own Home ~ a a+ .Buying Herne Renting Haw long fiave you 1 i ved in falcon Heights? __~1s~5, / q ~~,,,~ EDUCATION Include any first aid, EMT, and firefighter training. EMPLOYMENT Present Employer ~ ~4.~s~- ~i~~ No. of Years 3 /~jps Business Address _~33,tq [/h~.,,,e~~ ,(vim Sf• ~ Yorking Hours 1sy,, - 9~~ F/,rX forcer employers (list ~-our last two employers starting with the 1NOSt reoeni enployer). wame s w aQ ress or t l er Dates E 1o ed 1'osi tioa lleason for Leavi y~ CC't~rsfi~i~`~/:fit From•A1~~f'- :7 To:~S Sar,~/4..or ~V •from: ~~a~ 5?:Schoo l Name and Location Years Att~••dPd Graduated Dace Received ~/p/Z~/.~~ t CITY OF FALCON HEIGHTS FIRE DEPARTMENT AND RESCUE SQUAD Application for Membership PERSONAL INFORMATION Name ~~-,,f~ ~~: JQ. Date of Birth //f/~~ Last Fi rst/~ Middle . . No applicant .under 18 or over 40 years of age is eligible). Address /~~~, ~-.• ~.~tr~~r~d"j jt t'r~),~r~ iSlef~L~,/t M/Y. ~~//3Street~< City State Zip Telephone ~~~ 9~~~ ~a/'~ R19d Soc. Sec. ~ y~/• ;~~-89~,~ home work Own Home Buying Home Renting X How long have you lived in Falcon Heights? 3,,,~~~_ EDUCATION Name and location ]yart A nded Graduated Grammar School /~,4„~„~ ,y,,,~ Hi h School s Other* Include any first aid, EMT, and firefighter training. EMPLOYMENT Present Em to erPY dP~ ~~...• L~. ~~ t3~ s ~ _ No. of Years 3 .~ Business Address ~,.?'~ ~.,,~~~.- ~, ~~~.~ _ ,rte ,~.,/ Yorking Hours 36 L.,, Former employers (list your last two employers starting with the most recent employer). name a Aaaress or t io er Dates E to ed Posdtion Reason for Leavin S'q/P/ J4~o/f~, fie. ~T~/r~From: ~S-'~Ar ~14Ar r G nlrr,.~y'*From: 'S~/Y3 Sglsi r+'~e~ED r0 ~~ Aw.9t R~i/yed~/e To : p ~9'y CbrAc CITY OF FALCON HEIGHTS COUNCIL AGENDA NOVEMBER 18, 1987 A. CALL TO ORDER: 7:00 P.M. B. ROLL CALL: CHENOWETH Y ~ALLIN ~/ HARD ~ CIERNIQ V BALDWIN V WIESSNER ~ ATTORNEY ENGINEER SECRETARY ~/ C. APPROVAL OF MINUTES OF NOVEMBER 4, 1987: ACTION: D. PUBLIC HEARINGS: NONE: E. CONSENT AGENDA: 1. Disbursements through November 18, 1987 $53,395.61 Sinking Fund $ 700.00 2. Payroll ll/1/87 - 11/15/87 $ 7,599.33 3. Park and Recreation Commission Minutes of October 12, 1987 4. Maier Stewazt Statement for Services through October 24, 1987 5. Ramsey County Sheriff's Report for October, 1987 6. Licenses .a,~y ACTION: __. ,_ Oa,• REPORTS, REQUESTS AND RECOMMF~II~,TIONS: ''""r"'' v'CJ 1. Presentation by Sgt. Sterling Hintz Regard a t"evention „~,~ ACTION: 2. Request from Harvest States Cooperative for Variance to Fire Code ACTION: 3. Roc-A-Fellas Infractions - Deferred from 11/4/87 ACTION: 4. Consider Banning Parking on Cleveland, Larpenteur to Roselawn - Deferred from 11/4/87 ACTION: 5. Consider Cancelling December 23rd Council Meeting ACTION: ~ ~-- - 6. Funding of Emergency Lighting Installation ACTION : ~~- 7. Discussion - Status of Part Time 8nployees ACTION : C~6Y'^'` ~~ 8. Schedule Interviews with Law Firma ACTION: MINUTES NOVEMBER 18, 1987 PAGE 2 9. Stratford Office Park Project ACTION: G. ANNOUNCEMENTS AND UPDATES: H. .ADJOURNMENT: ACTION: MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1987 Baldwin called the meeting to order at 7:00 Y.M. ALL MEMBERS PRESENT Ciernia, Wallin, Hard, P. Chenoweth, and Baldwin. Also present were Wiessner, Marx, and S. Chenoweth. ADDENDUM TO CONSENT AGENDA AND DELETION OF ITEM OF(2) FROM POLICY AGENDA Council added Item E(7), Appointment of Revin Anderson. and Philip Larson to Fire/Rescue Department, to the Consent Agenda, and deleted Item F(2), Request from Harvest States for Variance to Fire Code, from the Policy Agenda. MINUTES OF NOVEMBER 4, 1987 APPROVED Council accepted the Minutes of November 4, 1987 as presented. CONSENT AGENDA APPROVED Council approved the following Consent Agenda: 1. Disbursements through November 18, 1987 $53,395.61 Sinking Fund $ 700.00 2. Payroll 11/1/87 - 11-15/87 $ 7,599.33 3. Park and Recreation Minutes of October 1.2, 1987 4. Maier Stewart Statement for Services through October 24, 1987 5. Ramsey County Sheriff's Report for October, 1987 6. Licenses 7. Appointment of Revin Anderson and Philip Larson to Fire/Rescue Department STRATFORD OFFICE PARK UPDATE ON CONSTRUCTION SCHEDULE - AMENDMENT TO DEVELOPMENT AGREEMENT APPROVED Baldwin summarized a meeting with Wiessner, Marx, and Stratford representatives, Frank Rubitschek and Tim Welsch, regarding problems with closing on the existing office buildings due to an error in the wording of a portion. of the development agreement and requested that Council approve an amendment which would allow the purchasers to pay a proportionate share of the shortfall escrow as was originally intended. They also explained they could not begin construction of the other buildings as required by the development agreement due to problems with National City Bank. However, they felt they are near a solution. Following a discussion, and upon recommendation by the city attorney, Chenoweth moved approval of the proposed amendment with the following contingencies: 1) the city's security will not be weakened, 2) developer will bear all legal costs resulting from the amendment, 3) money held in escrow for completion of the second half of building ~2 will first be used for life safety items, and 4) the document must be approved by city attorney. Motion carried unanimously. Council expressed concern that construction had not begun on the third and fourth buildings in September, 1987 as required by the development agreement and requested the developer to present a status report on the progress of the financial negotiations and construction schedule for each upcoming Council meeting. Welsch and Rubitschek agreed to honor the request.. MINUTES PAGE 2 ROC-A-FELLAS INFRACTIONS Wiessner reviewed the conditions set forth when the original conditooal use was issued in 1978 and her letter dated November 13, 1987 putting Roc-A-Fellas on notice that the original conditions are still in .effect and future problems will initiate action for the revocation of the conditional use permit. Mark Rutzik, former owner of the business, was in attendance, reviewed the history of the establishment, and indicated he has offered to assist the new owners in rectifying the problems. PRESENTATION BY SGT. HINTZ OF THE SHERIFF'S DEPARTMENT Sgt. Sterling Hintz, Crime Prevention Officer for the Ramsey County Sheriff's Department, explained that crime is slightly lower in Falcon Heights than in neighboring communities; however, Falcon Heights residents may be more aware of incidents due to the small size of the community. He gave some crime prevention hints and indicated he would be willing to meet with neighborhood groups or go to individual homes and make security suggestions. PARKING BAN REQUESTED ON EAST SIDE OF CLEVELAND, LARPENTEUR TO ROSELAWN Council briefly discussed requests from Morris Mittness, University of Minnesota, and Sgt. Rennicutt of the Sheriff's Department, that Council consider posting "no parking" on the east side of Cleveland. Council approved the requests and directed Wiessner to request Ramsey County to post "No Parking Tow Away Zone" on the east side of Cleveland, Larpenteur to Roselawn. DECEMBER 23, 1987 COUNCIL MEETING CANCELLED Council agreed to cancel the meeting scheduled for December 23, 1987. EMERGENCY LIGHTING TO BE INTALLED IN BASEMENT STORAGE AREA AND STAIRWELL Counc it authorized installation.of the emergency lighting by Collins Electric at a cost of $2,850.00, such funds to be taken from the Municipal Building. Budget ($1,850) and Contingency Budget ($1,000). STATUS OF PART TIME ffi~IPLOYEES TO BE DISCUSSID FURTHER AT 12/9/87 MEETING Council discussed the proposed policy for part time employees, recommended some corrections/changes, and requested the amended document be placed on the December 9th agenda. PROSPECTIVE ATTORNEYS TO BE INTERVIEWED ON 12/1/87 Council directed Wiessner do attempt to schedule the interviews of the four finalists between 7:00 and 9:00 P.M. on Tuesday, December 1, 1987. ADJOURNMENT The meeting was adjourned at 9:40 P.M. Tom Baldwin, Mayor ATTEST: Janet R. 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U4 13-Now87 Outstanding 016097 000000013 Clarkin, Michael D.11 02 monthly 1 91.42 13-Nov-87 Outstanding 01b098 000000015 Oowoeli, Ralph L.11 02 monthly 1 53.ib 13-Nov-87 Outstanding 016099 000000016 Fuller, James D. 016100 000000021 KurhaJetz, Clement M. 11 11 02 02 monthly 1 monthly 1 103.75 13-Nov-87 Outstanding 75. U0 13-Nov-87 Outstanding 016101 OOG000(i23 LeMay, Douglas li 02 nronthly 1 1.82 13-Nov-87 Outstanding 016102 000000025 McDermond, Cinoy K.11 U2 monthly 1 38.11 13-Nov-87 Outstanding 016103 00000002b McNabb, Gerald 11 02 monthly 1 98.00 13-Nov-87 Outstanding j 016104 000000028 Olsen. Ernest D.11 02 monthly 1 1i~7.50 13-hiow87 Outstanding 016105 000000029 Olson, Joseph E.11 02 monthly 1 118.25 13-Nov-87 Outstanding 016106 000000032 Schaefer, Richard A.it 02 monthly 1 37.50 13-Naw87 Outstanding 016107 000000034 Smida, Gail 11 02 monthly 1 116.00 13-Nov-87 Outstanding O1b108 000000039 Morgan, Jay 11 02 monthly 1 130.25 13~+bw87 Outstanding 016109 0000040 Kayser, Douglas 11 02 monthly 1 155.75 13-Nov-87 Outstanding OI6110 000000044 Blanchard, Patricia M.11 02 monthly 1 63.65 13-Nov-87 Outstanding Olblli 000000045 Gilbert, Jerome J.11 02 monthly 1 158.14 13-Nov-87 Outstanding 016112 000000046 Nolmgren, John H.11 U2 monthly 1 136. c5 13-Nov-87 Outstanding 016113 Oti0000047 McNabb, Kevin 11 02 monthly 1 64.00 13-Nov-87 Outstanding brand Total 7, ~9• ~ MINUTES PARK AND RECREATION COMMISSION October 12, 1987 Members Present: Bob Gehrz, Connie Lasser, Pat Bush, Paul Nelson, Leo Ohman, Tom Montain, Linda McLoon, Jan Wiessner, Clerk Administrator and Paul Ciernia, Council Liaison Members Absent: Floyd Bedbury, Ardis Hutchins 1. Fall and Winter Program - Both .programs were discussed.. Some of .the fall sessions are partially full--more information will be included in the Falcon Heights newsletter. 2. Guidelines for Park Commission - The Commission reviewed some of the charters" of this Commission. The Commission may also review some of the new guidelines of the Planning Commission for comparison purposes. 3. Reimbursement of Non-Residency Fee A question arose regarding the policy of this Commission if a Falcon Heights recreation program is filled and the participant wanted to go to Roseville for a similar offering. It was decided to pay the non-residency fee if the Falcon Heights program was filled and the child had applied during the enrollment period. 4. Grove Park Rocks continue to be a problem in this park. One suggestion for the spring is to have kids volunteer to pick up the rocks, put down top soil, and then sod or plant grass seed. This park will be flooded and used for skating this winter. 5. 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FILE 330-002 DATE November 3, 1987 Tom Baldwin, Mayor City of Falcon Heights 2077 Larpenteur Avenue West Falcon Heights, Minnesota 55113 RE: Engineering Services INVOICE No. 8733-09 PROTECT NO• 330-002 FOR ENGINEERING SERVICES RENDERED: September 20 through October 24, 1987 Employee Hours Cost Totals Job 330-002 - Arona Street Watermain Improvements 016 TERRY J. MAURER 1.00 18.50 054 JANETTE L: WIESINGER 0.50 3.49 058 KATHLEEN M. LYNCH 1.50 10.42 Salary Cost 32.41 Overhead Factor @ 1.4500 46.99 JOB TOTAL THIS PERIOD Job 330-100 - FALCON HEIGHTS General Services 016 TERRY J. MAURER 2.50 46.25 027 CLYDE F. CHASE 13.50 194.00 054 JANETTE L. WIESINGER 1.00 6.98 Salary Cost 247.23 913 Trav. Personal Truck 26.70 Direct Expense 26.70 Overhead Factor @ 1.4500 358.48 JOB TOTAL THIS PERIOD NOTE: 330-100 a'I~m? ne Alley - Staking, inspection and construction administration TOTAL AMOUNT DUE THIS INVOICE 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 711.81 - r PARE No.Two INVOICE No.8733-09 PROJECT No.330 I hereby certify this represents a true and complete .picture of the charges for Engineering Services during the period in question, and as such, constitutes a claim against the City of Falcon Heights. erry .f a~u a ice rest en 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 CONSENT AGENDA November 18, 1987 Corporate Class A Leasing X1313 1583 North Hamline Falcon Heights, MN 55108 Ciatti's Italian Restaurant X1314 1611 West Larpenteur Falcon Heights, MN 55113 Cigarette Ciatti's Italian Restaurant 4559 1611 West Larpenteur Falcon Heights, MN 55113 Above Corporate and Cigarette Licenses are new licenses) Consent Meeting Dateil/18/87 icy x Agenda Item: F(1) CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Crime Prevention - Information Only SUBMITTED BY: Jan Wiessner REVIEWED BY: ERPLANATION/SUMMARY (attach additional sheets as necessary): Sgt. Sterling Hintz, Ramsey County's Crime Prevention Officer, will present a brief presentation on the crime rate in Falcon Heights and precautions that can be taken to prevent crime. ACTION REQUESTED: Consent Policy x CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Meeting Date :11/18/87 Agenda. Item: F(2) ITEM DESCRIPTION:'" Request for Variance to Fire Code SUBMITTED BY: Mark Daniels, Harvest States Cooperatives REVIEWED BY: ~ Terry Iverson Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary)s Harvest States Cooperatives was issued orders to comply with the Minnesota Fire Code by Falcon Heights Fire Marshal, Terry Iverson, in October, 1986 and again on September 24, 1987. They were given thirty (30) days to submit written plans for compliance. Harvest States has written an appeal and requested a variance. Terry Iverson and Jan Wiessner will be meeting with representatives of Harvest States on Friday afternoon, November 13th. More information may be available before the Council meeting on November 18th. ACTION`REQUESTED: r t T .. ST TES COOPERATIVES October 6 HAND-DELIVERED Mr. Terry D. Iverson Falcon Heights Fire Marshall City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 Dear Mr. Iverson: Harvest States Cooperatives has received your letter dated September 24, 1987. We are sending this letter to appeal and request a variance pursuant to MSA Section 299F.011, Subd. 5. We believe that for many reasons, including those set out in our letter to you dated October 31, 1986, the safety of our occupants would not be jeopardized by a variance. If we are not granted a variance, we will suffer undue hardship. I would appreciate meeting with you to discuss this further, and will call you next week to set up an appointment. Very truly yours, HARVEST STA COOPERATIVES rk Daniels fety Director MD/nll 5304A r ll.1J FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 65113-5694 PHONE 612-644-5050 September 24, 1987 T0; Mark Daniels, Corporate Safety Director Harvest States Coop., 1667 N. Snelling, Falcon Heights, MN 55113 FROM: Terry Iverson, Falcon Heights Fire Marshal RE: Compliance with Current Minnesota Fire Code, Harvest States basement area. This letter is a follow up regarding written orders I issued October 13, 1986 fas;~sseaeat access ar ~rakle~~: :_'~~ which exceeds 1500) square feet in area. As you told me in 1986, this code compliance would be budgeted for in 19$7. Therefore, I would like to receive a letter of intent describing your plans for compliance, within 30 days of receipt of this letter. If you have secured estimates or have a contractor retained, please include copies of those items. You should be aware there is no option available to this situation, as this is a distinct hazard and violation of the Current 2innesota Oviform Fire Code. I have also enclosed copies of all previous correspondence including a copy of the which describes your right to appeal written orders. Your cooperation is appreciated. TDI/kn F101NE OF THE trgNNESCTA STATE FAIR ANO THE U OF M INSTITUTE OF AGRICUITU~ f~icon Heights fire-Rescue FIRE STATION 2077 W Larperneur Avenue iskon Fkights. MN SSI13 Falcon Heights Fire Department Time Compliance Current Minnesota-Uniform Pire Code 1. Distinct Hazards - Immediate removal or repair of all hazards im-olved. 2. Ndrmal Maintenance Items - housekeeping, fire extinguishers outdated, etc., 30 days compliance. 3. Major repairs or retrofitting of a building to comply pith current Minnesota Pire Code. a. formal time compliance 90 days compliance. b. Letters of Intent acceptable when undo hardships exist such as financial, back ordered parts, etc. c. All appeals of rulings or decisions must be received; Attention Fire Marshal, City of Falcon Heights, 2077 id. Larpenteur, Falcon Heights, MN 55113. d. Per Section 22, 16 B.985, Minnesota Statutes, all in- terested parties have the right to appeal any written orders within 10 days of the receipt of such orders. 4. Every ozder or time compliance shall set forth a time limit for compliance dependent upon the danger czeated by the violation. 5. Penalty for ignoring written orders or citations is determined by the State of Minnesota Ramsey County .Municipal Court. TDI/tn s~~ST TES COOPERATNES October 31, Mr. Terry Iverson Public Safety Director City of Falcon Heights 2077 Meat Larpenteur Ave Falcon Heights, MN 55113 This letter is in response to your .October 13th correspond:nce requesting that a sprinkler systew be installed within the basewent of the Harvest States office. Please be advised that Harvest States is in the process of considering your request. Specifically internal weetings have taken place to discuss the possibilities. Further, estiwates will be obt:fined to look at specific costs that Ne can evaluate cost vs benefits. Depending on the actual costs of such a project ft way prove difficult to dewonstrate benefits when one considers the following: - A. There are currently five exits located such that travel distance to a priaary and secondary exits are winiwal. B. Ewergency evacuation routes have been established and posted throughout the building. C. A series of fieat and s~wke detectors have, been provided throughout this office of f ordi nq al wort instant ~+arni nq i n case of fire emergency. D. Ewergency lighting ha been installed which provides for clear view in hallways throughout the basewent. E. All flaw:ble and cowbustible liquids were rewoved Nh:n our print shop was discontinued. In any event I will continue to explore the possibilities frow this end and keep you posted as to any decisions. Sincsrely rk Dan els Corporate Safety Director Harvest States Cooperatives rth • Box 64594 • St. Paul, MN 55164 • (612) 646-9433 O?? •. L~s~~ras Arm.. rw.A >d. K~.~...t. ssi is ne.~.: ss~-soso October 13, 1986 Harvest States Cooperative 1667 North Snelling Falcon Heights, MN 55108 Attention: Mark Daniels, Safety Director Gentlemen: ciTV couNC~L MAYOR TOM BALDWIN COUNCIL MEMBERS PAUL gERNIA STEPHEN HARD PHILIP q~ENOWETH iERALD E. WALLIN CLERK ADMINISTRATOR DEWAN 8. BARNES In re: Basement Access or Sprinkler Protection in basements exceeding over 1,500 square feet in area The current Minnesota Uniform Fire Code requires either basement access or a approved sprinkler system to eliminate this hazardous condition. Please see attached copy of an excerpt of the current Minnesota Uniform Fire Code. Please respond in writing within thirty (30) days regarding this hazardous situation. Sincerely, d ~'" ~^'ww''--~ Terry D. Iverson Public Safety Director TDI:k3z 7 Consent icy x CITY OF FALCON HEIGHTS 1{EQUEST FOR COUNCIL CONSIDERATION Meetinrt Datell/18/87 Agenda Item: F 3 ITEM DESCRIPTION: Roc-A-Fellas (Deferred from last meeting.) SUBMITTED BY: Jan Wiessner REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary)i A meeting was held with Dan Dahlin (Vice President of Dahlco), Jennifer (Roc-A- Fellas Manager), and Ty Peterson (Rock-A-Fellas Night Manager). Mr. Dahlin has indicated that while no one has lost their job over the October 31st incident, I they have been warned of the consequences of another incident. If another incident occurs or if they do not comply with the conditions, I would recommend that the Council discuss setting a public hearing re: the re~b~,ation of their conditional use permit. (See attached letter to Mr. Dahlin.) Jerry Filla reviewed our City's code and is of the opinion that rather than through criminal prosecution our best recourse is through civil action relating to the non-performance of the conditional specified at the time a conditional use permit was issued. Technically the council could initiate conditional use permit revocation procedures immediately since they have violated the conditions.. However, due to the change in ownership, I feel we have an obligation to give them sufficient notice of the conditions and our expectations for compliance. ACTION RE~IIESTED: FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612-644-5050 November 13, 1987 Mr. Dan Dahlin Roc-A-Fellas Dahlco Music ~ Vending Company 119 State Street St. Paul, MN 55107 Dear Dan, To follow up on our November 10th meeting, I'd like to reiterate the city's concerns about the continuing problems requiring police intervention at or near Roc-A-Fellas and especially the most recent incident which occurred on October 31, 1987 involving your night manager, Ty Peterson. At the time the original owner received a conditional use permit to operate an amusement azcade in Falcon Aeights, the City Council required that several conditions be met before allowing the permit. When you purchased the establishment, your attorney agreed to the identical conditions. In case there is any confusion about what those conditions were, I've enclosed a copy of a letter dated January 9, 1978 from Mr. Rutzick, and the Employee and House Rules which were approved by the Planning Commission and City Council as conditions of the conditional use permit. At the time of initial approval, the City Council felt strongly about the following conditions: 1. the number and type of machines allowed, 2. the remodeling to be .completed, 3. the hours of operation, 4. the staffing level, 5. additional security to be provided, 6. specific house rules, and 7. specific employee rules. These conditions are only subject to change with City Council approval. The City has approved several changes including the number and type of games allowed, the sale of food, cigarettes and non-intoxicating malt liquor, and an extension of week-end hours to 1:00 A.M. However, it appears that other HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE Mr. Dan Dahlin November 13, 1987 Page 2 changes have been made without city approval--most disturbingly the decreased staffing level and lack of off-duty policemen. I realize that you "inherited" many of the problems. However, as I mentioned, the City Council and residents have about reached the end of their patience. To remedy the existing situation, a response from you is required stating your intention to comply with the original conditions and a reasonable timeline 60 days) for this compliance. Please submit this response to me in writing within thirty (30) days. Failure to comply will result in the Council's consideration of setting a public hearing to revoke the conditional use permit for an amusement arcade at Roc-A-Fellas. Furthermore, any new flagrant violations such as occurred on October 31 will likely result in immediate initiation of recovation proceedings. The City Council has requested an update at their meeting on November 18th at 7:00 P.M. You are welcome to attend. Thanks for your cooperation, Dan. Sincerely, Janet R. Wiessner Clerk Administrator JRW:kjz cc: City Council Tim Marx Jerry Filla Deputy Larry Janke Commander Jerry Bergeron Consent Meetintt Date:ll/18/8; cy X Agenda Item: F 4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL COHSIDERATIOH ITEM DESCRIPTION: Parking on Cleveland Avenue SUBMITTED BY: Jan Wiessner REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): Since the last meeting we have received the attached correspondence from Morrie Mitteness at the University of Minnesota requesting that Cleveland be posted as a no parking area. The Sheriff's Department will be making a recommendation before Wednesday. It is my understanding that the UniversityofMinnesotahasmadearrangementswithGibbsFarmforparking. ACTION REQUESTED: ~~~~•U Request Ramsey County to post both de of Cleveland Avenue, from Larpenteur to Roselawn, as a "No Parking" area. i• i• 111 UNIVERSITY OF MINNESOTA TWIN CITIES Physics! Plant Grounds Maintenance 2 Oak Street S.E. Minneapolis, Minnesota 55455 DATE: November 5, 1987 T0: Janet Messner Administrator, Falc Heights FROM: Morris A. Mitteness ~ ~ :~ Farm & Grounds Supe ntendent, U of M SUBJECT: Parking of Vehicles on Cleveland Avenue I would appreciate any help you can give me to restrict parking of vehicles on the East side of Cleveland Avenue North of Larpenteur in Falcon Heights. The location of these vehicles makes the maintenance of the ditch next to our field plate impossible to maintain. The mowing of the grass in-the roadside ditches can not be accomplished if this area is continued to be used as a parking lot. Thank you. MAM:pab y r Consent Meeting Date:ll/18/x; icy X CITY OF FALCON HEIGHTS Agonda Item:F(5) 11EQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consider Cancelling December 23rd Meeting SUBMITTED BY: Shirley Chenoweth REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): At a previous Council meeting the possibility of cancelling. the last meeting in December was discussed. Cancelling the Christmas Week meeting has been the practice in the past few years. ACTIN ' RE(~UESTED: G:onsent Meetia~t Date: 11/18 icy~_ Agenda Item: F 6 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIOERATIOr~ ITEM DESCRIPTION: Emergency Lighting for City Hall SUBMITTED BY: Al Rolek REVIEWED BY: Jan Wiessner Al Rolek EXPLANATION/SUMMARY (attach additional sheets as necessary): An OSHA inspection has revealed the requirement that emergency lighting systems be installed in the basement and stairway areas (See attachment). There has been additional input that wiring be installed to permit the operation of necessary lights and equipment using our new generator in the event of a power outage emergency at the .City Hall, Fire Station, Public Works Building due to tornado, explosion, etc. Two quotes for this wiring are also attached. These quotes were obtained on request from Terry Iverson and Vince Wright as a part of our Civil Defense preparedness. There is also an additional quote from Collins Electrical Construction for the OSHA required lighting and wiring in .-the Emergency Operations Center. The quotes obtained from Collins have been adjusted to reflect increases in labor costs since the date of the original quotes. 525.00 EOC and Emergency Lighting 2,325.00 Wiring 2,850.00 Total RECOMMENDATION: Recommend that we do install the emergency lighting and wiring as requested by Terry and Vince and accept the bids from Collins Electrical Construction Co. as they are the low bidder. Since this item has not been budgeted in 1987 or 1988 budgets, we recommend using 1,850 from the Municipal Buildings budget and $ 1,000 from the Contingency budget for 1987. t MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY '~ 444 Lafayette Road Saint Paul Minnesota 55101 Telephone: 612/296-6107 March 6, 1987 Mr. Dewan Barnes Consulting Clerk/Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Dear Mr. Barnes: The attached report summarizes consultation for the City of conducted by Dick Schilling your request. the findings of the safety Falcon Heights facilities on February 27, 1987, per Seven "Nonserious" hazards were identified during this consultation. Thank you .for your voluntary attention to this safety matter, Mr. Barnes. If you wish to discuss the findings of the report or desire additional assistance, please contact Dick Schilling at (612)297-2527. Sincerely, DEPARTMENT OF LABOR AND INDUSTRY Ivan W. Russell, Director Occupational Safety and Health Division IWR:cmg 4. A clear space of at least 30 inches was not maintained in front of the main electrical service. 1910.303(B)(1)(i) 5. U"' Cic~ 6. W a~,~ca~r- Y~• There were five non-approved gasoline containers used for fueling powered equipment. Containers. of flammable liquids must be approved safety cans or containers. 1910.106(d)(2)(i) The John Deer tractor, model 20-40, had a cracked windshield which must be replaced. Minn. Rules 5205..0750 Supb. 2 (1983)1926.601(b)(5) An emergency light system must be provided in the stairwell to the basement storage. room and also the basement storage room. Minn. Rules 5205.0140 (lg$3) We are pleased to have had this opportunity to be of service and commend this effort to voluntarily comply with OSHA standards, rules and regulations, and general safety practices. R ,chard Sch ling, raini Officer Occupational Safety and H th Division cmg SUNIIKARY OF RECOM'M'ENDATIONS . Report Date: March 6, 1987 The survey of the City of Falcon Heights facilities on February 27, 1987, rebulted in the findings and recommendations listed below. Although it is not necessary to notify this office that Nonserious" h~:z~.rds v been ~ _ sa4u.lbn~f~ .~l.;: ~ ,. .av ."~" r~:+r.M+~...,r.,r. "+1~~~CF.hP'w~'m~~'-. _ _ .~. •~. We believe we have performed a thorough survey of the .operations and area requested. However, in accordance with existing regulations, the advice of the consultant and the consultant's written report will not be binding on OSHA in a subsequent enforcement inspection. No guarantee is expressed or implied that all hazards have been identified or that future OSHA inspections will not result,. in ~~,p~,;~i~.h .,p~r,.without proposed penalties. ' ~:.:-: ~ ._~~.eCt ~.r~ri t-'$pprc~8te, ~a~ectl-~ t~a-~~~d ,.i'~'''~cr't~~~eci x~+t:~. s::~~~th.:. k,,~~~~xit .~'a.t the closing conference . Timely action to correct hazards should be taken to reduce injuries and minimize the costs and negative effects of accidents in your workplace. NONSERIOUS 1. The following doors were not marked as "NOT AN EXIT" and could be mistaken as such: a) The door out of City Hall to.the fire department garage;~ib) The door from the kitchen area to the council chambers; ~and c) The door from the kitchen area to public works.r 1910.37(q)(2) 2. The doorway from the kitchen to the exit was not mark as nEXIT". 1910.37(q)(1) 3. A six foot step ladder, available for use in the maintenance area, cracks in the side rail. It must be tagged out of service until repaired or replaced. 1910.25(d)(1)(x) June 9, 1987 City of Falcon Heights 2077 West Larpenteur Ave Falcon Heights, MN 55113 Attn: Al Rolek INSTALLATION Industrial • ResidenNol . Commercial 278 STATE STREET ST. PAUL, MINNESOTA 55107 PHONE 612-224-2833 Re: Additions for emergency power Gentlemen: We are pleased to quote on the above referenced project as follows: 1. Furnish and install (2) twin head battery paks. One in the basement stairway and one in the basement. 2. Provide circuit from new emergency panel for basement lights. The above for the sum of FIVE HUNDRED FIFTEEN DOLLARS ($515.00).. D. D o Pc>~ RceS 5 G yne i'~' We hope this meets with your approval and if further information "~'~87 is required, please feel free to call. 52~~ Very truly yours,. COLLINS ELECTRICAL CONSTRUCTION COMPANY Russell O. Clymer Executive Vice President ROC/mf IDEAL ELECTRIC COMPANY 2275 McKnight Rosd No. No. St. Paul, MN 55109 December 4, 1986 cs i ii ~~o-ss~s City of Falcon Heights 2077 Larpenteur Avenue Falcon Heights, Minn. 55113 Attn: Mr. Vincent Wright Re: Provide Emergency Lighting and Circuiting for Generator Mr. Wright: Asper your request, we propose to do the following electrical work for the sum of Two Thousand Eight Hundred Sixty Dollars 2,860.00). 1. Provide and install in garage next to existing panel, one 100 Amp. manual transfer switch, one load center panel and one 60 Amp. plug on outside of building to match generator cord. 2. Administration office-Provide emergency power to one lighting circuit, telephone equipment circuit and to heating equipment on roof. 3. Fire Department - Provide emergency power to three lighting circuits, heating equipment and telephone equipment circuit. 4. Utilities Department - Provide emergency power to one lighting circuit and heating equipment circuit. All circuits are located at existing panels and shall be wired back to new emergency power panel. If further information is needed please call. Sincerely; Ideal Electric Company 4' Ro e~. Strantz9 President L;` INSTALLATION January 21, 1987 City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Attention: Al Rolek Re: Emergency Power Gentlemen: 278 STATE STREET ST. PAUL, MINNESOTA 55107 PHONE 612-224-2833 We are pleased to quote on the above referenced project as follows: 1. Furnish and install .the following: 60 amp, three phase, 240 volt non-fused manual transfer switch. 12 circuit, three phase breaker panel. 60 amp, weather proof receptacle to match generator cord cap. Conduit and wiring. 2. Provide circuiting from emergency panel for three phase roof top unit. Office Area: (1) lighting circuit. 1) receptacle circuit. Bathroom lights. Telephone equipment. Public Works: (1) lighting circuit. 1) Co-Ray vac circuit.. Fire Hall: (3) lighting circuits. Telephone equipment. 1) Co-Ray vac circuit. 3. We will obtain and pay for electric permit. The above for the sum of TWO THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS ( $2,27.5.00) . r-~o.sp ~~Z3zS.a,~ 1~e. Reuss e~ym~ iiJJZ~B~ No generator modifications are included in the above price. We hope this meets with your approval and if further information is required, please feel free to call. Very truly yours, CO ELECTRICA CONSTRUCTION CO. Russell O. Clymer Executive Vice Pr sident ROC/bes a~* ~u~~*~c A v OtI ~ January 21, 1987 INSTALLATION 278 STATE STREET ST. PAUL, MINNESOTA 55107 PHONE 612-224-2833 City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Attention: Al Rolek Re: Emergency Power Gentlemen: We are pleased to quote on the above referenced project as follows: 1. Furnish and install the following: 60 amp, three phase, 240 volt non-fused manual transfer switch. 12 circuit, three phase breaker panel. 60 amp, weather proof receptacle to match generator cord cap. Conduit and wiring. 2. Provide circuiting .from emergency panel for th a phase roof top unit. Office Area: (1) lighting circuit. 1) receptacle circuit. Bathroom lights. Telephone equipment. Public Works: (1) lighting circ ' 1) Co-Ray vac c' it. Fixe Hall: (3) lighting circus Telephone equipment. 1) Co-Ray vac cui 3. We will obtain and pa r e ri rmit. The above for the sum o WO THOU D HUNDRED SEVENTY-FIVE DOLLARS ($2,275.00). No generator modificatio are in ded in the above price. We hope this m h yo oval and if further information is required, ase feel free to call. Very truly y s, COLLINS ELECT CAL CON UCTION CO. Russell O. Clymer Executive Vice President ROC/bes Consent Policy x i r: s I ~ ~ (~I`~ ~ U_ CITY OF FALCON SEIGHTS REQUEST FOR COUNCiI CONSIDERATION MeetiaR Date: 11/18 Agenda Item: F(7) ITEM DESCRIPTION: part Time employee compensation and. payroll practices SUBMITTID BY: Al Rolek REVIEWED BY: Jan Wiessner - Al Rolek EXPLANATION/StJPIlKARY (attach additional sheets as necessary): At present and in the past we have handled many of our part time employees, ie: Kitty, park and rec., summer employees, etc., as contractors, paying them from vouchers and letting them be responsible for their own tax withholding. We also have been paying overtime on the same basis. Other part time employees such as Pat Bush and some seasonal employees have been handled as regular employees with the city withholding as required by law. By law, a contractor is defined as a person who sets his own hours and uses his own tools and materials to perform their duties. The only people that this would apply to at present would be our inspectars. It is requested that a policy be adopted that would standardize ,the way part time employees are handled, how they are paid, to which benefits they would be entitled, and bring them more into line with the above definition of part time or contractual employees. Attached is a sample policy we feel may serve as a standard for part time and contractual employees. We invite your ideas and comments. SECOI44ENDATION:I ~ fie. ~~~ ~~O i ~J w 11/13/87 P~F~ purposes of this policy, the categories of part time employees wi21 be defined as follows: Permanent_Part_Time - Employces retained on a permanent basis who work less than 32 hours per week. Temparary_or_Sea~onal_EmplaYees - Employees who are hired to fill a pastion, full or part time, which is of a seasonal or temporary nature ie: rink attendant, summer employee, etc. x-~~w.a,,n,~- cc~,a.c~-~ S p~.~ eye+es who determine their awn hours of operation and/or use their own vehicles, tools, etc. to perform their duties. 1. PAYMENT - All part time employees, other than , will be paid on the payroll, along with all other employees, on the 15th and the end of the month. Time.eheets will be kept by all part time employees and submitted at least two days prior to pay days. Contractual employees will be paid an a voucher as pre-arranged by their contracts. 2. WITHHOLDING AND_REPORTING - The City shall withhold and report taxes far all part time employees, other than contractual employees, and a statement W-2 will be issued to each employee by January 31st. Contractual employees will be responsible far their own withholding and reporting. A farm 1099 will be issued to s by February 28th. jn,~lc,~.ca"l~,•ti.~- 3. FiENEF I TS - Permanent part t i me emp 1 ayees working more t hen 2t7 hours per week shall be entitled to proportional sick leave and vacation benefits on the following scale:- ~" 2U-29 hours per week - i/2 benefit 3U-32 hours per week - 3/4 benefit over 32 hours - full benefit Seasonal or temporary employees and contractual employees shall not be eligible far such benefits. FICA and PERA shall be added as employees reach the thresholds which are outlined by PERA. 4. I.EGAL_HOLIDAYS - permanent part time employees working .more than 20 hours per week shall be entitled to holiday pay in the same proportion as outlined in paragraph 3. Seasonal or Temporary employees and contract employees shall not be eligible for such benefit. Other benefits as .may be added. j4-ShO~.c.~ t'.~'Yl.~(-~l~,ttS - ,;fl~..yl~l'w~ ~'~~=~~-• '~""L.c'`~L_ y Consent icy X i, CITY OF FALCON HEIGHTS lIEQUE3T FOR COUNCIL CONSIDERATIOM Meetins~ Date:ll/18/$i Agenda Item: F 8 ITEM DESCRIPTION: Schedule interviews with law firms. SUBMITTED BY: Jan Wiessner REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): 3 proposals have been received from the 18 law firms who received RFP's. All seem to be very well qualified. 3 I suggest the Council schedule a time to interview five law firms (15 minutes each) either the last week in November or the first week in December A list of recommended firms and copies of their proposals will be available before the Council meeting on November 18th so modifications can be made. Also, please review the attached list of questions for the interviews. This list. can be revised prior to the interviews. ACTION'REQUESTED: Schedule 1-1/2 hour meeting time for interviews with law firms. 7:00 ~''' '~ ~ 73 Vh~D~D~ n SUGGESTED QUESTIONS FOR CITY ATTORNEY INTERVIEW 1. We have had an opportunity to review your written proposal to provide legal services; however, we would like to begin by asking you to describe to us personally the background of your firm and how it may generally be prepared to serve us as our City Attorney. If not included in the answer to the question above, what cities do you currently serve as City Attorney? 2. Which attorney in your firm would serve as City Attorney and who would serve as a back-up individual in the event of that attorney's absence or unavailability: What experience have they had in municipal law, and how long could we expect them to be with us? 3. What is the specific experience of your firm in providing legal services required for redevelopment projects? 4. How would your firm propose to handle communications between the City Attorney and the Mayor and City Council? How would communications be handled between the City Attorney and the City staff? 5. Are you aware of any conflicts of interest between the City and any of your existing clients? If so, please describe. 6. The City is considering acquiring legal services on a retainer and an hourly rate basis. Would you please describe what services you believe C would best be provided on a fixed retainer. What is your preference? 7. What specific skills or qualities do you feel your firm may offer to the City beyond those generally available from other law firmsY Specific Questions re: Prosecution 8. Please describe your firm's approach to prosecution, i.e. how do you determine whether to plea bargain? 9. Who would be the primary city prosecutor, who would serve as a back-up and what experience have they had in municipal prosecution? r ;. Consent cy x L_ CITY OF FALCON HEIGHTS AEQUE8T FOR COUNCIL COH8IDERATiOH Meeting Date:ll/18/8; Agenda Item: F(~_ ITEM DESCRIPTION: Stratford Office Park Project SUBMITTED BY: Jan Wiessner REVIEWED BY: ~ ' ERPLANATION/SUMMARY (attach additional sheets as necessary)s A meeting has been scheduled for Tuesday, November 17th with representatives of Stratford Development Corporation and our respective legal consultants regarding Stratford's violation of the Development Agreement. They have also requested an amendment to the Development Agreement. (See attached correspondence from Tim Marx.) ACTION REQUESTBD• Action may be recommended following the meeting on November 17, 1987. LAw OFFICES Mwrrasrr J. Lavlrr Downs L.Saot Jwaas G. Rw:Tate: L. Sits cola Oaa/as MiGawai a Jta°o~"`°9 B 1~ I G G~ND M O B G A N s~iRo®art M.Howae AR. Soon Dsvlsa Tao>n J. H.atwaDr1 Hwxraroas J. Psrares McDwvrrr Mwtt LIPrai Pwralcs M. Gwaat J. Rams Jose B. Vas as Notre, Jt. P808ESSIONaI. ASSOCIATION Jwatas A. Vora Tnorat E. Mwax ar G. Sawaa RlcawsD G. llwta Roma L. Hwasae Caaari A. Taox.a E.Swwxsar Atatsw C. Saimaa Rwstr E.Woons Hsonr A.Baao M. J. Gwivna, Jr..Atnttw C. Bacaaa Wttwx J. Jowars Mwa ScatoEnaa Dwom C. Fotssaao Jarrtat J. Raters 2200 FI85T NATIONAL BANH BUILDING Mwaostar R. Swvsoa M. Haram McDoeoaas Jane J. McNaala Jwras E. Nal,oe Balwa G. Bsusls Mwatwe M.Daeanr McNatt V. Ssrl[ova,Js.Jaaors A. Gals SAINT PAUL, MINNESOTA b6101 Tavr Sralreatosa Cstrsroraat C.Ciavs.sen J:ur F. Roriue trravs A.Btwen Maa E. Scawrreaa Nstcz D. Aaeisox Tataaca N. Dacia Joel H. Gorrsslue MlCawai H. Sraswrat MlCawsl. J. McEiuartax Rlcawtn H. Rtes Also H. Mwcue Joaa H. Lunartmr Pwvi S. Jwcamsae Joan L Daveat Jartttr F. Saww TELEPHONE (912) 291-L216 Raawtn D. Almaaaos Nawi T. Buerat , Bassin L.Sotaasoe Mwrraaw L.Lavtrt Swift A.Seooore Tnorat J.Aamrwa Past H. Saar Dwvm G. G>zaelao TELECOPIEB (612) 228-4071 1Lvm C: McDoewin C~aias R. CwaswsoIIliw Swaos:. L. Hwesae Dwvm B. Swan Btaca W. Moon Ralarnr S. Maiat Botwio E. Otcaww D~atn. M. Cooom.wt Emc Nttssoa Hine L.Osrar Joax Ttarat Josara P. Nowca Aaosaw R. Slaraaosa BsvrR J. Harass Srarsae Wnralca Cawtias R.Hwnrot INCLUDING THE FO8M88 FIBM OF Ftmamcs P. Asosr Rosser D. Slcws Avtoar L.Goaoar Asntaw M.Hoao LEVITY BOWEN OTMAN & SHABEPAIMEg Roesat L.Laa Rots J. Hal.Irwe Jomr R Rnranca Tnorat P. Flsaatrr Au Hnaraons Vncnrr A. Taolus iawus A.Lsasar Mwtrnr H.PISa l~a7wsara J Axnsaws Dwvm J. Sraecat Ro®atr J. Pawrra Gtaaoa J. Srsaroa Dwtral. J. Cola, Jt.Jaalr Bmaaew csr•w... B. Boosts or conasal. J. Nett Mortar November 4 19 8 7 Rrcawso H. Rea Jane M. Psl.Irst Saavai H. Mosses Fswta N. Gsweslr A.Lwuaatca ILvIs C~ -+~- G. Ftwlra Jour M. Smuvea Ms.Janet R. Wiessner Clerk -Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 Re: Stratford Investment Office Park Condominium Project Dear Jan: As we discussed, the purpose of this letter is to briefly inform you of the provisions of the Development Agreement (mss revi4:ed vm lurch 7~. 1956) between Falcon Heights and Stratford Investments., Ltd. for the office condominium project. As I understand it, Stratford is behind in its construction schedule and you would like some advice in how to proceed. 3ectiOn ~..3_,.of. the Development Agreement sets forth the ca>~ntruction ,chaclule •~`for the office buildings. This section provides, in relevant part: The first stage (the first of the two-story buildings) shall commence by May 15, 1986, or on such other date as the .parties shall mutually agree in writing; additional inter- mediate stages shall commence no later than the following schedule: the second of the two buildings,. ley September 1, 1986; ~-~ taa-~ story building an8 _ one one-story- building, fleoo P1pS'I' NATIONAL HANE BIIILDITO 9400 Ins GSNTEB ' ssnvr rim., xDVxasora aslal x1NN$wPOLIS, xneNasoxA asaoe a$i Qw-sma (eI2) ~-oeBt BRIGGS .sxn MORGAN Ms. Janet R. Wiessner November 4, 1987 Page Two by Sep~extber I, 13$7; the last stage (the final two buildings) shall commence by d~''yg September 1, 1988, or on such other date as f~~'' ~~ the parties mutually agree in writing. Subject to Unavoidable Delays, the Developer shall have substantially completed the construction of a`11 Minims I-mprovements by January, 2, 1989'. As I understand it, the first two buildings have been completed, but construction has not begun on the one two-story building and the one one-story building that was to have occurred by September 1, 1987. Section 4.3 of the Development Agreement excuses the Developer from satisfying these construction deadlines if them are.. "Unavoidable,~Delays." The Development Agreement defines "Unavoidable Delays'"=~as circumstances "outside the control of the party claiming its .occurrence" such-= as arkes, bad weather, fire, and similar occurrences. We should determine whether Stratford claims that an Unavoidable Delay is the cause of its not satisfying the construction schedule. Assuming that there is no Unavoidable Delay under the Development Agreement, Stratford is technically in defan]a under the Development Agreement. Section 10.2 of the Development Agreement requires that the C y provide to Stratford and the holder of any mortgage thirty. datys'- n©tice o€ the d~faul If the default is not cured within that thirty days or if the City does not receive assurances that the default .will be cured as soon as reasonably possible, the City may exercise certain remedies. These remedies include the following: 1. The City may I-p~;d its pe~f~rm~--nce-under A~~~.W^7,,,~^ the Development Agreement. 2 . The City stay withhold any -t~icate ' af.; Completit~n Ito be 'provided under the Development Agreement. 3. The City say draw upon tote ,~anty~, provided to the City under the Development Agreement.. Under Section 7.4 of the. Development .Agreement, the IIev-eloper`' qure~eats e~ they 'Tax Yncre~-ent Bonds, This Guaranty cannot be called upon, however, unless such a tax incre- ment shortfall is experienced. BRIGGS sxn MORGAN Ms. Janet R. Wiessner November 4, 1987 Page Three 4. With respect to property for which there is not 5 a Certificate of Completion, the City ~Y take back property A~ granted to the Developer sUhi,,~~;t tQ sa~- fi=st mo=tg$~e on > c(~"- thQ r Xt Although I have not seen it, I assume there is a first mortgage on the property, and therefore this may not be a particularly useful remedy for the City to exercise. 5. The City may also take other .legal'actoa as may be appropriate to enforce the provisions of the Development a~~~ Agreement. o~+~~~ c9~ You should also note that the City and Stratford entered into an Assessment Agreement dated March 11, 1986 under which it was agreed that the `~C'ket va~.u~e ~_fc~~r t 'a~tire pro ject b'~"' Deer 31, 1988 v-oti~d be 53,5~~,9d:0. 'T'his minimum market value, however, was to be phased in as the various buildings were com- pleted. Therefore, if all of the buildings are not constructed as agreed, there will be less tax base from which tax increments may be generated. Depending upon the financial status of the tax increment district, the failure to construct the buildings as agreed could affect the ability of the tax increment district to generate enough increments to pay debt service payment on the Bonds. If tax increments are insufficient to pay debt service on the Bonds, the City may be able to rely on the Developer's guarantee to pay 25 percent of the debt service. (Before drawing on the Guaranty, however, certain issues relating to the tax-exempt status of the Bonds will have to be considered.) Since the Bonds are general obligations of the City, however, the ultimate guarantor of the Bonds is the City. A complete financial analysis of the tax increment district would have to be performed to determine the risk that a general tax levy would be necessary to pay debt service. As you know, St~eatford is rec~s~q an ame~d~ea to the Development Agreement to facilitate closing on the first two buildings. The intent of the amendment is to make clear each individual condominium owner is responsible .only for its.. proportionate share of the tax increment guaranty acquired .under the Development Agreement. While this request appears reasonable, I will want to review closely the proposed amendment (see attached). In addition, as we have discussed., it may be appropriate to discuss this amendment with Stratford in the context of how the overall project is proceeding. BRIGGS sxD MORGAN Ms. Janet R. Wiessner November 4, 1987 Page Four I have alerted Timothy Welch, the attorney for Stratford, of the City's general concerns about the Project. Perhaps it would be appropriate for representatives of the City to meet with representatives of Stratford to discuss these matters. After you have had a chance to review these materials, let me know if you would like me to arrange a meeting with Stratford throughMr. Welch. In the meantime, I am available to answer any questions that you may have. Very truly yours, Timothy E. Marx TEM/sjc IV:009 Enclosures cc: John B. Van de North, Jr. Tony Stemberger try-~---, C~ ~ l ~ z ~-~ ~ . ~~ ~ y ~~~. a~