HomeMy WebLinkAbout1-25-2023 Regular MeetingCITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
January 25, 2023 at 7:00 P.M.
A.CALL TO ORDER:
B.ROLL CALL: GUSTAFSON____ LEEHY___ MEYER ___
WASSENBERG ____ WEHYEE___
STAFF PRESENT: LINEHAN___
C.APPROVAL OF AGENDA
D.PRESENTATION
E. APPROVAL OF MINUTES:
1. January 4, 2023 City Council Workshop Meeting Minutes
2.January 11, 2023 City Council Regular Meeting Minutes
F.PUBLIC HEARINGS:
1.2023 Fee Schedule Ordinance
G.CONSENT AGENDA:
1. General Disbursements through: 1/18/23 $122,269.09
Payroll through: 1/15/23 $21,359.98
Wire Payments through: 1/15/23 $14,950.39
2.City License(s)
3.Charitable Gambling License – Falcon Heights Elementary PTA
4.2023 Data Practices Officials
5.2023 Pay Equity Report
6. Resignation of Shaun Curtin from Parks and Recreation Commission
7.Appointment of Paula Mielke to the Parks and Recreation Commission
8.Appointment of Eric Brenton to the Parks and Recreation Commission
9.DEED Subgrant Payment
10.Contract with Landform for ALTA Survey of Community Park
11.Delegated Contract Process (DCP) Agreement with MNDOT for Federal Funds
H: POLICY ITEMS:
I.INFORMATION/ANNOUNCEMENTS:
J.COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion will be
held on these items.
K.ADJOURNMENT:
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CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
MINUTES
January 4, 2023
6:30 P.M.
A. CALL TO ORDER: 6:42 p.m.
B. ROLL CALL: GUSTAFSON__X__ LEEHY_X__
MEYER __X_ WASSENBERG_X__ WEHYEE_X__
STAFF PRESENT: LINEHAN__X__ SORENSEN_X___
C. POLICY ITEMS:
1. Police Services Contract Consultant – Deliverable #1 Review
Jack Linehan, the City Administrator, states that on September 28th, the City
Council approved a contract with The Center for Values-Based Initiatives
(CVBI) to conduct a three-part analysis of the services and satisfaction with
the law enforcement services provided by the Ramsey County Sheriff’s Office
(RCSO). To start this process, CVBI President Matt Bostrom conducted three
focus groups from November 28th – December 1st at City Hall. The focus
groups were open to any interested Falcon Heights residents and were
widely publicized. In total, 16 participants provided feedback on the services
provided by the RCSO and shared what they believe the characteristics of the
officers patrolling Falcon Heights should be. Matt will present the findings of
the focus group, and seek additional feedback from the City Council before
Deliverable #1 is finalized. In addition, if Council Members want to set up one-on-
ones with Matt, let Linehan know so that he can set it up.
Matt Bostrom, President of the Center for Values-Based Initiatives introduces
himself, thanks the City Council and believes what they are doing is good
governance. Bostrom also states that are a lot of patterns within the answers that the
residents gave.
Council Member Wehyee asks what the process is in how you got these
characteristics.
Bostrom says that he didn’t define these characteristics, just organized them. There is
a remarkable pattern with residents in Falcon heights that he hasn’t seen anywhere
else. Also, that there was a good distribution characteristic. Every group talked
about a spectrum of balance which is what you want. In addition, Bostrom explains
this is a rubric that can be used for hiring someone based on those characteristics.
Council Member Wassenberg asks if it is common to select individual officers.
Bostrom states it’s not that’s it uncommon; most cities just don’t think of it.
Linehan mentions that, with the Sheriff’s Office, he has broached this, but they have
such low staffing currently. The Sheriff’s Office currently does not have flexibility for
the City to choose certain Officers.
Bostrom states that what you have here is a rubric for any public staff member, not
just police officers.
Council Member Leehy says that the City should be you using these questions even
for commissioners.
Council Member Wassenberg asks how do these themes correlate with these
attributes?
Bostrom says the values are easier to understand and to hire from than themes.
Council Member Wehyee asks how do you distinguish between themes and values
because I view them both as big picture concepts.
Bostrom states these are the types of things that you discern from a conversation and
from their background.
Bostrom: my objective here is to outline the next steps in the project.
Linehan says this is the first of three phases. Talk about participation 16 responses.
One thing we can consider if we add things in to this report and bring for review to
the community.
Mayor Gustafson states what this will do in an RFP for police services is say these
are the City’s values and what the City is looking for in a public servant.
Bostrom says that he believes that all of the City Council should review these themes
and values and add this document so it is a shared document between the residents
and the City Council.
Council Member Wassenberg asks if the City Council could see other cities’ RFPs.
Linehan says yes, they are public record. However, most cities in our area have
forever contracts either with their department or with the county. In addition, Staff
can also use GIS and randomly select residents for a survey to get a better
representation from the community.
2. Prosecuting Attorney RFP
Linehan states for the past twenty years or more, the City has utilized the legal
services of City Prosecutor, Katrina Joseph, now of HJ Law. As the contract had not
been bid in many years, the City Council approved releasing an RFP for prosecuting
attorney services on November 9th. The RFP was published on November 14th, and
closed on December 14th. In total, the City received one proposal from a qualified
firm—Kelly & Lemmons. HJ Law was invited to submit a proposal, but the City did
not receive a response from the incumbent. Kelly & Lemmons is an experienced firm
that provides prosecuting attorney services for seven Minnesota cities, including
most of the contract cities of the Ramsey County Sheriff’s Office. These cities include:
Little Canada (since 2008), North Oaks (since 2011), Shoreview (since 2012), Arden
Hills (since 2012). It is proposed that Joseph Kelly serve as the City’s Prosecutor. Mr.
Kelly is well regarded among cities and the Sheriff’s Office as an effective
prosecutor. The City Council is asked to review the RFP and provide guidance on
whether to approve a contract with Kelly & Lemmons, or whether to reject all
proposals and continue with our current prosecutor.
The City Council agreed unanimously to include the item on the following agenda
for consideration.
3. Climate Emergency Resolution
Linehan states many cities around the state have adopted Climate Action Plans
addressing the pressing issues of climate change. At the July 6th Workshop, the City
Council directed the Environment Commission to revise the Climate Emergency
Resolution. Specifically, it was requested to include: an acknowledgement of the
City’s ongoing efforts and leadership in the area of climate commitment and not
commit the City to completing a Climate Action Plan, but to explore it. This was
requested due to the unknown costs of a Climate Action Plan. The Environment
Commission reviewed the feedback at their October meeting, and approved the
attached resolution at their November meeting. If the resolution is agreeable to the
City Council, it will be included on the January 11th City Council agenda.
Council Member Meyer states that as the Council goes forward working on an action
plan, Council Member Meyer wants keep in mind that the cost of energy has
increased and wants to continue to help lower income residents with energy costs.
Council Member Leehy states that she wants stay clear of mandates. Also, Council
Leehy would like to make some changes to the wording.
Council Member Wehyee says that he thinks something is lost by changing the
wording.
Council Member Leehy states that she is okay with losing that. Council Member
Leehy has been opposed to using climate emergency since the beginning.
Council Meyer says that he wishes the Council could react to it with using words
that create alarmism and is split on keeping this language.
Council Member Leehy states that she can’t vote for something that says we are in a
climate emergency. Leehy states that she is all for resiliency and the environment.
Mayor Gustafson makes suggestions to the wording that everyone is in concurrence
with.
4. 2023 Fee Schedule
Linehan states that the City historically has approved the fee schedule as a
resolution. However, it should be an ordinance. The City has not changed its fee
schedule for building permit fees since 2004. The City is updating the fees to what
the State of Minnesota adopted.
Council Member Wehyee asks whether the Council approve the fee schedule and the
ordinance together or separate?
Linehan says that it will have to be separate.
D. ADJOURNMENT: 9:42 p.m.
Mayor
_______________________________
Randall C. Gustafson, Mayor Dated this 25th day of January, 2023
_________________________________
Jack Linehan, City Administrator
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or
action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
January 11, 2023 at 7:00 P.M.
A. CALL TO ORDER: 7:02 p.m.
B. ROLL CALL: GUSTAFSON__X__ LEEHY_X__ MEYER _X__
WASSENBERG __X__ WEHYEE_A__
STAFF PRESENT: LINEHAN__X_
C. APPROVAL OF AGENDA
The City Council approves the
agenda; approved 4-0
D. PRESENTATION
E. APPROVAL OF MINUTES:
1. December 28, 2022 City Council Regular Meeting Minutes
Council Member Meyer motions to
approve the minutes; approved 4-0
F. PUBLIC HEARINGS:
1. Idaho-Iowa Alleyway Improvement Project 21-03
Stephanie Smith, the City Engineer, states that she will be doing a quick presentation
about the improvements that are being considered the Idaho-Iowa alleyways.
Alleyway Improvement Project Overview
City Staff brought forth a feasibility report back in 2021, but it was deemed that with the
time constraints and with trying to fit it in for that construction season, that the project
would be held back to bring it forth to the Council later, once Staff had more time to
work on the design. Staff would like to bring this to consideration, that, if approved,
would go forth this summer with the pavement management project, as well to be a part
of a larger construction project. The area where this project is taking place is the
alleyway between Arona Avenue and Pascal Street which serves parcels on Idaho
Avenue and Iowa Avenue.
Idaho-Iowa Alleyway Improvement Project 21-03 The needs for the project include a drainage issue that had been reported by the
residents who live off of the alleyway. They have reported and Staff have also seen
ponding at Pascal Street that is causing icing during the winter and creates a freeze/
thaw condition that’s really causing the ice to get into the pavement and break it up. A
petition for improvement in this area was received with 52% of property owners. Smith
notes the petition was received prior to any staff cost estimates and Staff is unaware
whether the assessment policy was known by the petitioners. The City’s assessment
policy for alleyways is that 90% of the cost of alleyways is assessed against benefiting
parcels. The drainage improvements would include adjusting the existing east catch
basin elevation to make sure that it can receive the drainage waters, regrading the
alleyway so that it will get good grades and then installing a new catch basin and
connecting to the storm sewer at Pascal Street and Idaho Avenue. The surface
improvements for the alleyway would include milling the existing pavement surface and
then overlaying it with new pavement.
Pascal Storm Improvements
The storm improvements that are proposed as part of this project includes storm
improvements on Pascal. Because this project would be regrading the alleyway to direct
more of the water towards Pascal and picking up some additional water with a catch
basin, then Staff would also propose to do some improvements on Pascal to take that
storm water by putting it in an additional catch basin on Pascal and then putting in a 15-
inch perforated drain pipe to transport that to the existing storm sewer that’s located at
Idaho and Pascal. The estimated cost would be $36,000 for the improvement of that area
and would help to move the water off of the alleyway to prevent icing during the
freeze/ thaw also on Pascal Street.
Cost Estimates and Funding
Cost estimates and funding for the proposal is the estimated cost for the alleyway
improvements would be $89,000 and the proposed costs for improvements on Pascal
storm water would be $36,000 and the funding for these improvements would be the
alleyway improvements would have that split between assessments versus street funds.
So, 90% of the cost would be assessed to the benefiting parcels for a total of $80,100 of
assessments and then the street fund would be contributing $8,900. The storm sewer
fund would be covering the cost of Pascal Street storm water improvements which
would be $36,000.
Assessment Policy – Alleyways
The breakdown of costs would be done by front footage on the alleyway so assessments
would be calculated based on how many feet of alley each parcel is adjacent to. So, the
per footage cost would be $66.31/foot
Assessments – Payment Options
The assessment hearing is planned for fall 2023 after the improvements are completed
and at that time residents would have the opportunity to pay part of the assessment or to
pay all of it up front and that would be interest free within the first 30 days after the
assessment. Residents would also have the opportunity to add the assessment to
property taxes. The length of the payment period and interest rate will be set by City
Council during the assessment hearing. Typically, it would be 5 years with an interest
rate of 2% over the current rate of return on the City’s portfolio. The first payment would
be due in 2024 with property taxes. There is also the option of hardship deferrals for
residents if it is a homesteaded property, residents are aged 65 or older, or retired by
virtue of a disability, and can show that payment would be a hardship. The assessment
will accrue interest on the property and applications for hardship deferrals are available
at City Hall.
Proposed Project Schedule
January 11, 2023 – Public Hearing, Order Improvements
February 2023 – Approve Plans and Spec, Authorize Ad for Bids
February/March 2023 – Open Bids
March 2023 – Award Construction
Summer 2023 – Construction
Fall 2023 – Assessment Hearing
Actions Requested
Moving forward Staff asks the Council to hold the public hearing and to consider the
resolution to order improvements.
Council Member Wassenberg asks if the mill and overlay is for the full length of the
alleyway.
Smith says yes, that is correct.
Council Member Wassenberg says so there is benefit to directly behind each of the
houses. Council Member Wassenberg asks do you know when the last mill and overlay
was done on that alleyway or how often are they done?
Jack Linehan, the City Administrator, states that residents probably would know better,
but his understanding, from looking through records, is the 1990s.
Council Member Wassenberg says so it may be due; it’s not like it just has a mill and
overlay three years ago or something like that.
Linehan states no, it has been a long time since the city has done any work on the alleys.
Smith says there is not currently a plan for improvement of the alleyways.
Council Member Leehy asks in regards to the hardship deferral does that go out in the
letter communicated to each of the residents impacted by this so its easy access for them
to find this information.
Smith believes that they have previously, but if they haven’t previously, they can
certainly start doing that moving forward.
Council Member Leehy asks in regards to the open bids, will that be taking place at the
same time as the bids for other street work that is happening this spring and summer?
Smith states yes, staff would like to do that because it allows the opportunity to be
included in a larger project making it more attractive to contractors and hopefully
getting lower pricing.
Council Member Meyer is curious about the 90/10 split for financing this project.
Council Member Meyer is wondering if this the standard for alleyway projects like this
or what the precedent is for that.
Linehan says that the City has never instituted since the assessment policy was adopted
in 2007. So, it’s not one that the City has done. Looking at comparable communities, you
have to look urban because the alley is kind of an urban design. Most communities do
something similar. It’s either 90/10 split or it’s 100% just because they don’t see that the
alley has a public service beyond the alleyway area. Besides trash collection and others,
there really isn’t a lot of through traffic or other use outside of the adjacent properties of
the alleyway.
Council Member Meyer expects that with the bid process there will be an important
condition that this work is completed before the State Fair.
Smith says yes, Staff are including language about the State Fair scheduling in bids for
Falcon Heights projects.
Mayor Gustafson opens the public hearing regarding the Idaho-Iowa Alleyway
Improvement Project and invites those that are here to step up to the podium.
Paul Eberhard from 1497 Iowa states that for a while he thought he had been voted the
neighborhood representative, but he sees that he has some company. Eberhard wants to
make a few comments from his perspective. Eberhard admits to being a part of the 52%
that supported the petition a couple of years ago when it was brought to his attention.
But, what was brought to Eberhard’s attention at the time was the issue at the end of the
Pascal alley as being extremely dangerous. One of the neighbors up there saw a someone
take a very hard fall. It turned out okay, but that’s kind of alerted him to the issue.
Eberhard knows there was a video meeting a year and half ago in June and Eberhard got
a letter about that and the assessed cost, at least in his letter, was $1,600 and some
dollars. Eberhard knew that a feasibility study had been approved and Eberhard just
recently got a letter in December saying his cost is $3,300 some dollars. More than double
what it was a year and a half ago. That’s one of Eberhard’s questions, the doubling of the
cost. Also, in some of the information that Eberhard has read, it stated that, or at least
appeared this way to Eberhard, that the mill and overlay was the primary reason for this
job. And as an option, was to correct the problem at Pascal. Eberhard claims it is the
other way around; that the reason for this project should be to fix the problem at the
Pascal end of the alley and secondarily, maybe do a mill and overlay of the entire alley.
Last summer, the City did some patch work on that alley which in Eberhard’s mind
worked very fine and if that’s done every few years, Eberhard would be happy. Now,
the only caveat on that is it hasn’t gone through a spring yet, which the thawing and
freezing is the hardest on that patch work, but Eberhard questions that the primary
objective should be fixing the problem at Pascal and the east end of the alley and maybe
forgoing the rest of the project for a later date when more alleys are being done.
Eberhard thinks that was one of the comments in June of 2021 that they were going to try
to combine this alley with other alley work and maybe have some cost savings as a
result.
Steve Goers from 1488 Idaho states that there was a measurement of support and that he
was probably a non-responder and apologizes for that. Personally, Goers
wholeheartedly echoes Paul’s concern. Goers’ additional comment being that they are in
this thing for the long haul. Goers moved to the City of Falcon Heights 15 years ago,
right out of college, thinking that he would live here for a few years and flip a house and
live his glory days. It turns out this a fantastic City and place. Goers loves the
neighborhood. Goers says that somebody said once the only problem with the
neighborhood is that the houses are just a little too small and the lots are just a little bit
too small and that’s the only problem. So, for Goers, going to Paul’s concern around the
Pascal stuff like water issues and drainage issues, other alleys in other cities have had
major considerations sometimes done. In Minneapolis, alleys have had to have major
upheavals to make sure that water issues are done. Goer knows that they have fought a
long time with cities to make sure some of those flows issues and stuff like that were
handled. This is nowhere near that complex; there is a lot of work already done on the
flow and stuff like that from Curtiss Field. Solving a water issue where it stands and
were it affects multiple houses, but literally every single person that drives up and
down, that is a big thing; it immediately takes an alley, which is normally walkable the
rest of the time, and makes it unsafe. So, for Goers if the City is going to spend, in this
case the $250,000 or whatever that rough number was, if it’s that or if the City is
spending $500,000 to do it right, or again understanding why that cost doubled, but let’s
do it the right way. Let’s get this water issue handled for the next 50 years. And again, if
it is a matter of later on with some of the quality of the surface and stuff like that, let’s fix
that. But, let’s fix foundational things and then the cosmetic stuff can be handled
honestly over the top. Right now, the alley compared to many in St. Paul and
Minneapolis is a glorious place. It is double the width. Goer doesn’t want to say it is
fine and doesn’t want to leave it untouched, but he does want make sure the City is
solving things foundationally because he wants to be in the City of Falcon Heights for
the 15 to 50 years.
Mayor Gustafson keeps the public hearing open so that Eberhard and Goers can respond
to the Council and Staff. The Mayor also asks Stephanie if the pooling at Pascal was the
main concern that came up the first time and can that problem be fixed without
addressing the alley.
Smith says one of the items that Staff looked at, was there good enough grade to get that
water to flow to a catch basin? City Engineers would have to change the grades on the
alleyway. So, that involves new pavement for a significant portion of the alleyway; and,
if the City is going to be in there to do a portion of the alleyway, then it also makes sense
to give a new surface for the alleyway as a whole. That’s how Staff looked at the project
when they were putting it together. Staff understood the concerns of the residents that
involved the drainage in the area and when we took a look at that issue, knowing that
Staff would have to affect the pavement and would have to change the grade of the
roadway, then it made sense to also include the mill and overlay as part of that. That’s
why it has been included.
Mayor Gustafson says, so in order to improve the problem at Pascal at the end of the
alley there, Staff would have to address the alley itself in terms of its grading into Pascal.
So, Staff would have to physically change the alley grading in order for the water to
move properly.
Smith states yes and shows a picture of the proposed alleyway project. Smith points out
the green squares and says that there are two existing catch basins that are on the
alleyway. Then, you also can see to the east of that second catch basin, where there’s
pavement distresses… those dark spots. Those are pavement areas where it has been
broken up and needed to be patched or fixed due to what’s been described as the icing
and the freeze/thaw situation. It looks like that area has been patched previously and so
that is the area that Staff are trying to keep water from ponding. And, in order to do
that, requires some change of the grading of the alleyway. Changing the alleyway
grading actually would also start to send the water towards Pascal Street. which brings
up this Pascal storm improvements. The storm improvements proposed for Pascal
would be there to pick up additional water that the alleyway improvement would be
sending towards Pascal and to make sure that has a good place to go, to get the water off
of the alleyway and keep from going on to Pascal Street, and then also putting it into a
perforated pipe, which is a pipe that has holes in it that allows the water to percolate into
the soil.
Council Member Wassenberg asks would Staff basically crown the length of the
alleyway sort of at the intersection /at the juncture of 1472 and 1468 and have some flow
to the catch basin in the alleyway and have some flow to the new catch basin on Pascal.
Is that the idea?
Smith says yes that is the idea.
Council Member Wassenberg says so in order to do that it does seem like the City needs
to tear up over one third of the alleyway to just accomplish the water fix.
Council Member Leehy comments from what she is recalling when this came up quite
some while ago is that other alleys in Northhome were investigated to see what repairs
were needed and their need of repairs are years away versus this is more urgent. So, that
is why the Council did not want to wait until theirs are needed because it’s that much
farther down the road, where the City needs to solve this issue at Pascal on the east side.
Smith states that the other alleyways don’t have a similar issue to this; that is correct.
Staff did reach out to those neighborhoods to see if there was a resident interest in
moving forward as a part of possibly doing just an alleyway-orientated project. So, a
mailing was sent out to the other neighborhoods that do have alleyways in that area to
see if there was an interest and there was a very minimal response.
Mayor Gustafson recalls the conversation revolving around that, was that if the City
could get enough interest into multiple alleyways, because just an alley as a project, one
street worth, isn’t a popular thing for a contractor to gear up all of their equipment for.
And, when the City was doing the 2021 pavement and improvement project, all of this
project didn’t come in in time. It was proposed after that bid had been let for that project.
The City attempted to figure out how all of that would work. The Mayor says,
fortunately they didn’t have the 2021 contractor participate in this or otherwise the City
would still be waiting for the work to be done. Apart from that, the City could not get
the timing, but did survey the entire Northhome area and all of the alleys. In addition,
did an assessment of the condition of those alleys and reached out to all of the neighbors
to determine if there was any interest in participating in this because of the way an
alleyway is structured with its 90/10 assessment factor, the call has to come from the
residents and the homeowners of that alley in order to go forward with it. It comes at
the request of the homeowners to address the alley. This block was the only one that had
enough of a problem that they were willing to have the City take it on and include it in
one of the City’s projects.
City Council Member Wassenberg says he can actually see that. Council Member
Wassenberg lives at 1446 California which is just one block north and one block to the
east of this area. Wassenberg walks the alleyways quite a lot and are generally in good
shape and are not falling apart.
Linehan says correct and this part of it to ideally if the City does one alley it would do all
of them at once but as the Mayor said, the City didn’t drum up enough interest. Linehan
doesn’t think any of the other alleys got over a quarter of respondents, so that’s part of it
too. Because of the assessment policy, that it is resident led, it really needs to have the
support of residents. So, I think from Public Works’ perspective, they are seeing a
deterioration of a lot of the alleys as they see each spring more is ripped up. Linehan
imagines this one, especially, after this winter with all of the thawing, freezing, and the
plows going through, it will be significantly worse in the spring.
Mayor Gustafson says that the City may have a big group that’s wants to participate in
the City’s 2025 pavement management project at that time after this winter. So, it is kind
of unfortunate that the City only has one alley that needs to be addressed. The Mayor
knows that the estimated cost was based upon 2020 and 2021 guesstimates and it is a
sticker shock to deal with 2023 anticipated cost. Just the cost of asphalt has gone up
three times in this last year as the City saw with the 2023 project on Garden and the mill
and overlay in the Northeast area because that project went up 50% more than what the
City was anticipating it would be.
Council Member Leehy says it would still be helpful that the City is still doing it at the
same time as the Northeast quadrant project.
Mayor Gustafson says yes, that is what the City is hoping for because otherwise you
would have, for somebody willing to do it, all of their costs of getting their equipment to
the site strictly on that one-block area. The Mayor wouldn’t want to know what the cost
would be if it was all the City could do on there, basically, is the challenge.
Linehan adds part of the City’s pricing and the goal always for the City is at the
beginning, when the City does an initial estimate, there isn’t much known. So, before the
City orders the feasibility study, Staff’s not fully certain as to what the pavement
conditions are or what the full scope of work is. Now that the City has done the
feasibility study, the City has a plan on how to address the alley. That’s where that price
increase comes in. It’s a combination of 2023 pricing going up and also knowing fully
the scope of the project. The City’s goal is, once the final assessment comes in the fall,
The City tries to overshoot this one a little bit. So, the City tries to have this one higher
because what the City doesn’t want to do is come back to the residents in the fall and say
it’s gone up since the estimate. The City’s goal is to build in a lot of contingencies and a
lot of potential change orders with the idea that hopefully this will come down when the
City gets pricing in the spring. Staff thinks this number is probably accurate but are
optimistic that this number is on the higher end rather than on the lower end.
Council Member Meyer says to Steve’s question about doing it the right way and fixing
things foundationally. Council Member Meyer is curious why Pascal and this area failed
earlier than other alleyways and if Smith thinks this is a long-term fix and how long of a
fix is it.
Smith states that the issue with the breakup of the pavement and as the residents were
saying they were concerned about safety in the area that is an issue with not having
grade for the water to drain away and to drain to the catch basin adequately.
Council Member Meyer asks so basically when it was initially constructed it has less of a
grade than the other alleys.
Smith says that is possible or it is possible that over time it could have been scraped
away too through snow maintenance and other types of maintenance as well. Alleyways
aren’t built to the same standard as a roadway either. So, over time they do get patched,
patches can layer upon each other and also create settlement areas that can hold water.
By actually going into the road and changing some of those grades, and as described,
adjusting the elevation of the existing catch basin, and looking over at Pascal as well and
creating places for that water to go, that should be a good solution for the water to drain
to. This would be a mill and overlay versus a complete reconstruction of the roadway. It
would likely have reflective cracking, where a couple of years after the project, places
that have severe cracks would have that crack reflect through. So, in couple of years,
they could see those, but those can also be crack-sealed as well.
Council Member Meyer asks what the time frame would be for these residents before
they would have to do this again.
Smith says a little bit of that is how Falcon Heights has more resident-driven policy, so it
is when residents feel like they want to improve the surface. Smith believes that the City
last did work on this alleyway in the 90s so it could be similar to that.
Mayor Gustafson states it could get 20 to 30 years out of it with maintenance, patching,
and crack-sealing. That is one thing about a mill and overlay, you are taking off the skin
and replacing it, and the base kind of remains the same. Saving the areas where you are
building up the base, or building it up to get the grade proper and to get the drainage
there. The objective here is minimalizing the pooling all the way through the alley as
well, right? The hope of the project is the alley is flowing out to the streets into the storm
sewer catch basins.
Smith says yes and that is what this project would be addressing more thoroughly than
say a completely new pavement surface.
Council Member Leehy says it is more cost effective than putting it off for too long and
having to completely redo the alley.
Smith states yes, mill and overlays are an effective maintenance item as well.
Mayor Gustafson says, also, if you wait too long for a mill and overlay and you allow
your base to corrode as the City has found on Garden Avenue and in Falcon Woods,
where then the City has to do a reclaim, where they go down and dig up eight inches
instead of two or more, or, however many it takes in order to get it back up to get the
grades right.
Goers has two comments. What would be the cost be to do a proper replacement if you
were to rip this down to the ground? The other question is, has the City looked at other
surfaces, for example concrete? Would that be five times the cost and lasts truly for 50
years? Also, a little more specifically, not to get too far into the weeds on the Pascal side,
but between where that catch basin is and where Pascal is, that obviously is the area of
concern and that’s the area that is basically flat. So, it seems to Goer, that the City
basically has to raise towards that catch basin area if you are trying to push stuff to
Pascal because there is not a lot lower to go that you go in on that side, because that is
already at Pascal or even lower a little bit. So, it sounds like there is multiple things in
place with pipes and stuff like that. Again, it seems like it would have to be raised
significantly while some garages sit up and some are at a very flat level. Six inches over
the course might not be a lot but it could be significant for the people who live right
there.
Smith says that concrete is significantly more expensive than asphalt. It does last quite a
bit longer, but there is a reason why alleyways are generally paved in bituminous,
because it is significantly cheaper. Smith would have to create an estimate to figure out
what that cost of concrete is, but it would be of scale larger, as well as the cost for full
replacement, to actually go down, dig out the gravel underneath the roadway, and
replace that. Smith is trying to think of projects that she has done that are residential
roadways and those can be as much as five-digit figures. And that’s not at a 90%
assessment; that’s at quite a bit less than 90% assessment, that’s at like a 65% assessment.
Again, these are numbers that Smith is trying to remember and apologizes that she
doesn’t have exact figures on that but it would be a significant cost increase.
Linehan mentions that judging off the pricing the City saw for the 2023 PMP, Linehan
would say at least double to do a full reconstruction. At minimum double, and that is
kind of where you get to the question, if you do a full reconstruction, are you getting
twice the life of the project? And, same with concrete. Concrete would last longer, but is
it going to last five time longer? You know, if it’s five times more, is it going to last five-
times longer? Linehan doesn’t know if so. There might be a good argument to doing a
mill and overlays for an alley. Also, looking at the use of the alley compared to a street,
so, the City takes that into consideration such as, Garden Avenue, which has a lot of
through traffic, buses, so you are seeing a pretty good number of cars per day. For the
alleys, it’s in the under one hundred vehicles per day, and the biggest users are the
garbage/recycling trucks, which are the heaviest users in the alley; but, outside of them,
it’s lower. Linehan thinks that you could make a good case that doing mill and overlays
give the City a good and pretty long span that the City can keep doing as a Band-Aid for
a lot longer than you could on street.
Smith states that it is recommended because it is a cost-effective measure to improve the
life of the pavement.
Mayor Gustafson says you can do like three to four mill and overlays before you have to
do a reclaim. Also, if you catch it in time, you can do a reclaim without having to do a
rebuild. So, there’s those three levels that he gathered while in the back of the room,
watching the questions and answers for the Falcon Woods meeting. The Mayor thought,
for that one, the City was going to have to do a complete rebuild and it take down to the
dirt and start over again. Initially, that was the fear of the condition of that roadway, but
then, with the core samplings that Staff took, they were able to determine that they could
do a reclaim and that brought the cost significantly lower to do the reclaim. The only
bummer about all of these options, the assessment process is that it really does fall on the
homeowners to pay for that; whereas, if you don’t have an alley, and you’ve got front
driveways, your street access or your access to your garage, is everybody and not just
the residents that are there. The Mayor thinks that’s why the Councils, back when they
established the policies in 2007, the Mayor knows that they spent quite a few years trying
to adapt it and to get it right, in talking to some of those who were there. But, the Mayor
feels the resident’s pain. When he saw that our cost estimates doubled due to the cost of
construction and lack of economy as scale, I just thought that wasn’t good.
Council Member Meyer asks Paul and Steve if they have a sense of how many different
companies/haulers and garbage cans they have in their alley.
Eberhard says he doesn’t know but he tells the Council and Staff one thing that he
observed one day probably happens more. Eberhard saw a garbage truck go the entire
length of the alley and didn’t stop once and went into the next alley.
Goers states that there are probably three or four haulers that come through.
Council Member Meyers states that early last year, the Environment Commission was
kicking around the idea of getting the discussion started about a single hauler. Maybe
not for the whole City, maybe just for certain neighborhoods. He knows it’s been talked
about in the past and there’s maybe some controversy.
Eberhard says that he actually believes that Steve’s estimate for three to four is low. One
company for instance comes through the alley twice. They get trash and yard waste.
Council Member Meyer says that maybe in the context of having to repair these alleys,
there might be some more support for that kind of change.
Eberhard asks the Mayor if he understood him right, that he thinks he said the residents
were surveyed by the City as to if they wanted this work done or not. Eberhard says that
he never recalls being asked by the City. The petition that Eberhard referred to was
brought up by a neighbor and that neighbor put notes in everybody’s’ mailboxes and
that’s the one that he supported. But, he doesn’t recall the City asking him if he wanted
this done.
Mayor Gustafson says the City sent out cards to the other alleys because your alley was
set. So, as the initiator of the project, other alleys were surveyed, but not this one,
because there was already support for it. The City was trying to get support for more
alleys to help reduce the cost of this project.
Eberhard says that’s fair enough but his point earlier was that he supported fixing the
problem at Pascal at the end of the alley and didn’t necessarily support the whole alley
being milled and overlaid. Eberhard also thanks Jack for the reminder that this was done
last in the 90’s. Eberhard lived at his current address when that was done. That was a
complete rebuild it was done to the dirt and they regraded everything. He recalls one of
the major reasons for doing that was drainage and now we are here again for drainage.
So, to Steve’s point, and I don’t know if twenty-five years is a long time, but we should
try to maybe get it right and maybe it can last longer. The only other comment is doing
a mill and overlay, which was referred to as the skin of the alley. Eberhard states that he
isn’t an engineer, but from his observation, thawing and freezing is a mighty powerful
tool. Eberhard doesn’t believe that even a mill and overlay will survive that very long.
Case and point in the alley, the issue as Eberhard sees it, is mainly where the sun gets
through versus where the sun doesn’t get through on days in March and April, when it
is 35 to 45 degrees during the day, with the sun out, and then it goes below freezing at
night. Those are the worst days and every bad spot in the alley, Eberhard believes, is in
an area where the sun gets through and causes that issue to happen. In Eberhard’s
humble opinion, he doesn’t believe even a mill and overlay is going to survive that; he
doesn’t believe it will last thirty years.
Mayor Gustafson says it lasts to the extent of then you have to replace it again. If you
look at the road surface such as in the front your house, that was probably last part of the
last mill and overlay project. Roadways do wear out and weather takes a beating on
everything that we have.
Eberhard states that roadways don’t quite have the same issue because, they are pretty
much, except for trees, which don’t provide too much shade with no leaves, they have
sun; the full street has sun. Eberhard points out the contrast. If you ever look at an alley,
and he assumes that all alleys have this issue, but it is really noticeable. Between
Eberhard’s garage and his neighbor’s garage, there is a very bad spot where the sun gets
through, which causes the thawing and freezing.
Smith says part of the drainage issue on alleyways, too, is because they do not have curb
and gutters on the sides. They aren’t shaped the same way that a roadway is, with a
crown on the top so there is a high point and the water drains to the side and it runs
along the gutter. With an alleyway, it’s called an inverted crown, where the lowest point
is in the middle, and so that’s where the drainage collects. That’s why you can see the
catch basins are in the middle of the roadway or in the middle of the alleyway, and
unfortunately, that is hard in the winter because it will melt where you have the sunny
spots and it will try to get to those catch basins and if it can’t get into there, then it’s just
sitting in the middle of the road.
Goer states as far as paying for it goes, he knows that his property line goes into the
middle of the alley. At the end of the day, he owns it and there is a level of getting
neighborhood support, and he isn’t uncomfortable with that reality. To Paul’s point a
little bit about the whole drainage issue: It is very flat between that middle catch basin
and Pascal. The other side of that coin is if look at where Arona goes, that is significantly
lower than Pascal. Goer’s concern is making sure, at the end of the day, whether or not if
it’s ice and frozen, and melted or not, things do move whether you watch it or not, it
does flow downhill. Goer understands the crowning concept although Smith just said
they try push it toward the middle. So, if the goal is that you need to dig that out, again
it would be nice to understand the scope of the work being done. But, Goer has to
reiterate that moving that water out is the number one thing the alley is dealing with and
we want to get that right. The rest of the other stuff, and even the quality stuff, if the City
did it have half or quarter of the price as a rebuild is fine. The neighbors have a
commitment and have the ability to patch. Goer’s opinion of the patch job that was done
last summer looked like garbage. Goer believes it is functional; it is more of a cosmetic
complaint as opposed to anything else. But, if the City and residents in the alleyway are
going to do this, let’s again make sure that we are crystal clear that the water is flowed
properly and again, get the foundational part of it right, even if it’s just a mill and
overlay.
Council Member Wassenberg says, to that point, can it be taken under advisement that
the City err on the side of putting in more drop/grade rather than less drop/grade to
make sure that the drainage actually occurs properly overtime? Rather than the
minimum that might be necessary to move water, to go on the high side of what’s
feasible?
Mayor Gustafson thinks that this design, as various discussions were all about making
certain drainage issue would be solved, was the main driver. And, just like the storm
sewer work, the initial thought was this was going to be far less costly than what it’s
going to be because it’s going to need to be quite substantially more than what was
anticipated in 2021 when it was first looked at. The Mayor knows that Stephanie and her
crew have always approached this to make certain it functions properly and that the
drainage happens and that the storm sewers are there. The City noticed that attention to
detail in the Garden Avenue project as well, as that one developed, too. Where once
again, the storm sewer costs went up higher because the City was informed that they
had to do something they weren’t planning, to mitigate a future problem. The Mayor
thinks that Stephanie and her group are very much thinking along the same lines as you,
thinking, let’s get the drainage issue right, because the Mayor knows she doesn’t want to
hear complaints in 25 years.
Smith points out that the feasibility report is based on conceptual work and early design
work. As the City moves further into design, Staff would be looking at these items in
more detail as Staff put together plans.
Mayor Gustafson closes the public hearing.
Linehan states that, if adopted, the Council will most likely need to come back, probably
at the next Council meeting, and do a budget amendment. So, we will need to generally
amend the City’s budget. When the Council did the 2023 PMP, it did not include the
alleyway project, so that was not in consideration of the cost. So, when the Council looks
at the total project cost, the City is going to have to do that. Realistically, the City would
have to front the money up front for the assessment and would do that through the
City’s bond. The City will assume that the bond will be increased for that dollar amount.
The total impact, when all said and done, is that it would cost the City $8,000 to do the
alley and $36,000 to do the storm improvement. So, the Council would have to do an
amendment to the storm fund and also an amendment to the general project cost.
Internally, the council can do that without levying it and there will be no change to the
levy. It will only be internal shifting of funds, but the Council would want to do that to
clean up and clarify.
Mayor Gustafson says that the City would want to clean up and clarify so then when the
City is bidding the project, they are correctly identified within the budget and different
assessments.
Linehan states exactly, the Council should do that ahead of time so that the City has
everything prepared and ready. In full honesty, this should have been included as a part
of the City budget and a part of the 2023 PMP, generally, but with the focus on
everything else, the City was still trying solicit additional final calls for people to jump
on, realizing that isn’t happening, but still knew that 52% of the residents on the street
signed this petition and didn’t want to forget about it and ignore it. So, that is why Staff
if doing it now, to try to make sure that while they can still do it, they do it.
Mayor Gustafson asks otherwise they would have to wait until 2025.
Linehan says yes that is correct.
Council Member Leehy clarifies by asking, it was not because the City needed to have a
public hearing first, it just got a little lost in the shuffle and now the City is playing catch
up?
Linehan says yes, a little bit of both. Part of that, staff knew that the two projects would
be two different public hearings. So, there was a combined public hearing for Garden
Avenue, but then also all of the other streets that the City is doing for the mill and
overlays, which they were included in that. Then, this being the second one with a
different audience.
Smith says also, getting the revised costs from the amended feasibility report.
Mayor Gustafson states because the City didn’t have the cost in the feasibility report at
that time.
Council Member Wassenberg
motions to adopt resolution
23-01 ordering improvements
for the Idaho-Iowa alleyway
improvement project;
approved 4-0
G. CONSENT AGENDA:
1. General Disbursements through: 1/5/23 $69,620.89
Payroll through: 12/30/22 $22,945.83
Wire Payments through: 12/30/22 $26,703.29
2. City License(s)
3. Designation of Official Depositories for 2023
4. Reconfirming Designation of 2023 Polling Locations
5. 2023 Mileage Rate
6. Acceptance of Proposal from Kelly & Lemmons for Prosecuting Attorney Services
7. 2023 Appointment of City Prosecutor
8. Review Elected Out-of-State Travel Policy
9. Review and Adopt Council Standing Rules and Council/Advisory Commission Roles
and Guidelines
10. Appointment of Acting Mayor
11. Council Appointment as Liaison for City Commissions
12. 2023 Commission Re-Appointments
13. Tubman Legal Services Cooperative Agreement
Council Member Leehy wants to say how pleased she is that the City has the opportunity to
partner with Tubman Legal Services and their request for cooperative agreement, meeting
needs within the community. She believes this is the first time that this has been brought to
the City of Falcon Heights.
Mayor Gustafson thanks all of the people that are reupping their service on the City’s
Commissions because it is really important that residents step forward and participate.
Council Member Meyer
motions to approve the
consent agenda; approved 4-0
H: POLICY ITEMS:
1. Climate Crisis Resolution
Linehan says that the Climate Crisis Resolution has been a work in progress for about the
last year now. It was originally introduced, had been workshopped a couple of times by the
Council at the July Workshop, it was discussed, and at that point, the Council decided to
send it to the Environment Commission to work on further. So, the Environment
Commission looked at it for a few different meetings, they kind of drafted policy language in
October, and at November Environment Commission meeting, they approved the
resolution. The Council then, at the January City Council Workshop made some changes. It
was a lot of compromise between groups to get a policy that the Council felt that met
everybody’s expectations. So, the final one before you is the result of that. Staff took the
changes the Council recommended at the Workshop and incorporated it into the final
Climate Crisis Resolution. It’s currently is ready for review and potential approval from the
Council.
Council Member Meyer states that as the Council liaison to the Environment Commission,
he saw this resolution at its earliest stages and the template the City started with left a little
to be desired. Council Member Meyer is very proud of the Commission for working in a lot
of local experience into this resolution, both in terms of some of the climate impacts that we
felt as a City feels and also the many, many steps the City has already taken as a City to
address this issue. It is near and dear to Council Member Meyers. Meyer lost his car in a
500-year flood up in Duluth. It is kind of his life’s work when he is not on Council to work
towards a clean energy future. Council Member Meyer feels really good about this
resolution and likes the emphasis that the City has placed on resilience. Meyer says let’s be
honest, the City of Falcon Heights isn’t going to solve global warming by itself. But, the City
is taking a good moral stand here and acknowledging that, because of the heightened
weather impacts in the decades to come, The City does need to look at the City infrastructure
and build it with that in mind or the City will have to build it again before the City wants
too. Council Member Meyer appreciates the Councils work on this as well and is really
happy with the compromise they came up with.
Council Member Wassenberg says that this is a nice piece of work and thinks it is a good
voicing of an important issue and a restatement of the efforts that the City of Falcon Heights
has already taken and the commitment to being a part of the solution to the future.
Council Member Leehy appreciates how the City involves its Commissions to do a lot of the
research and work on this even as Council Member Meyer has stated already and is really
pleased to be in a City that a majority of the people cares for our environment. The Council
recognizes the responsibility to be good stewards of this earth and this part of earth that the
City puts its footprint on. Also, that the City of Falcon Heights can continue as in the past to
be a leader in caring for the environment. As the City has this opportunity with this
resolution, Council Member Leehy is pleased that the Council is making this step tonight.
Mayor Gustafson states that he is also pleased and really likes the way that the City of
Falcon Heights has shown that it is a leading City when it comes to caring for doing what we
can locally to act local and think global; which is why this issue went to the Environment
Commission was to acknowledge and take a look at what the City has been doing and what
can the City do. The City of Falcon Heights was a founding Green Step City which is the
right step to make. The Mayor thanks everyone for their hard work on this and the
Environment Commission.
Council Member Meyer
motions adopt resolution 23-
04 declaring climate crisis and
the commitment to Falcon
Heights to take action;
approved 4-0
I. INFORMATION/ANNOUNCEMENTS:
Mayor Gustafson states that the Community Engagement Commission will be meeting on the
third Wednesday of January and February because the third Monday in both of those months is
a federal holiday. The Commission meetings will proceed on those dates.
Administrator Linehan states that Public Works was doing ice cleanup. Crews were out this
morning salting roads after the extremely slippery conditions. As a Green Step 5 City, the City
tries to be discretionary with our salt use. This helps the environment and our budget, as we do
not salt as much as some nearby communities. That said, Staff will continue to salt if conditions
are similar to today.
Ice Rink Status
The Curtiss Field and Grove Ice Rinks are open. Schedule for Curtiss Field Warming House &
Attendants: 4-8PM weekdays, and 1-5PM on weekends. To check status of ice rinks, residents
can call our call-out line at (651) 792-7607 to hear the hours.
Larpenteur Snow Removal
A reminder that the City has agreed to take on all residential sidewalk plowing on Larpenteur.
This does include multi-family, but does not include mixed-use residential that have
commercial, including Amber Union, Falcon Town Square, and all commercial properties. We
have issued notices of correction for multiple properties that have not kept up on shoveling
sidewalks. One gas station property did not remove their snow by their deadline, so Public
Works removed snow and we bill the property directly. If they do not pay, it goes on their tax
assessment.
Fee Schedule Public Hearing
There will be a public hearing on Wednesday, January 25th to hear the ordinance update of our
2023 fee schedule. Notices going out in the paper 10 days prior to the hearing.
City Hall Holiday Schedule
Closed on Monday, January 16th in celebration of Martin Luther King Jr. Day
J. COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referred for
consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items.
K. Closed Session
1. Discussion of the Purchase of Property Located at 2050 Roselawn Avenue – Community
Park – Pursuant to Minn. Stat. 13D.05, subd. 3(b)(3).
L. ADJOURNMENT: 8:49 p.m.
Council Member
Leehy motions to adjourn;
approved 4-0
_______________________________ Randall C. Gustafson, Mayor Dated this 25th day of January, 2023
_________________________________ Jack Linehan, City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item 2023 City Fee Schedule Ordinance
Description
The City Council reviews the fee schedule annually for any adjustments. Some
adjustments, including increases in water, sewer and recycling rates, are approved
with the passage of the 2023 budget.
This year, the City took a look at many fees that have lagged behind other cities,
particularly building permit fees. The City has not adjusted building permit fees since
2005. The City shares our building inspector with the City of Little Canada, and both
cities have had similar building permit fees for continuity. In December 2022, Little
Canada approved an increase in building permit fees due to the costs of issuing
permits outpacing the fees collected for the permits. The City of Falcon Heights is
proposing a similar fee schedule structure, which is based on the State of Minnesota’s
adopted building permit fees, used by many other cities in the region.
Included in the proposed fee schedule is an increase in fees for right-of-way permits.
The City contracts with the City of Roseville to provide engineering services, and is
billed by Roseville for the professional staff time required to review the permits. By
increasing our fees to match Roseville’s fee schedule, the City will ensure we are
covering our costs.
New Resident Handbook printings were reduced from $10 down to $1 to encourage
residents to pick-up copies. The City Administrator may waive this fee and we usually
do, unless someone were to request it for commercial reasons.
Finally, the City has noticed that our room reservations for renting City Hall facilities
are much lower than others in the area. It takes considerable staff time to prepare the
rooms for rentals and for cleanup, so the proposed fee increases will cover the
expenses related to rentals.
Budget
Impact
N/A
Attachment(s) • Ordinance 23-01
• Proposed 2023 City Fee Schedule
Meeting Date January 25, 2023
Agenda Item Public Hearing F1
Attachment Schedule, Ordinance, Summary
Ordinance, Rate Comparison Survey
Submitted By Jack Linehan, City Administrator
• Summary Ordinance
• Fee Schedule Comparison
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 23-01
AN ORDINANCE AMENDING THE FEE/RATE SCHEDULE FOR
THE CITY OF FALCON HEIGHTS RELATIVE TO 2023 WATER &
SEWER RATES, 2023 RECYCLING RATES, COMMUNITY
DEVELOPMENT PERMIT FEES,
AND CITY HALL FACILITY RENTAL RATES
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1. The City of Falcon Heights Fee Schedule attached hereto as Exhibit
A and incorporated herein by reference is hereby adopted.
SECTION 2. This ordinance shall be effective upon passage.
ADOPTED this 25th day of January 2023, by the City Council of Falcon Heights,
Minnesota.
CITY OF FALCON HEIGHTS
BY: ____________________________
Randall C. Gustafson, Mayor
ATTEST:
___________________________________
Jack L City Administrator/Clerk
2022 2023 Fee Schedule To Be Adopted by City Council 4/27/221/25/2023
S:\Fee Schedule
CITY OF FALCON HEIGHTS
Adopted 2022Proposed 2023 Fee Schedule
A. LICENSES
1. Business Licenses
Item Fee
Bus Benches (Courtesy) $ 50.00 per bench
Gasoline Station Operator License
Fewer than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00
Municipal Business
10,000 sq. ft. or less $ 100.00
10,001 sq. ft. or more $ 200.00
Pool Hall $ 800.00
Precious Metal Dealer
Investigation fee/general $ 1,500.00
Investigation fee/MN only $ 500.00
License fee $ 2,000.00
Restaurant
Lunchroom $ 50.00
Fewer than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00
Therapeutic Massage License
Investigation fee $ 350.00
License fee $ 100.00
Home Occupation License $ 50.00
Retail Grocery License $ 50.00
Holiday Tree Sales License $ 50.00
Car Wash License $ 50.00
2. Liquor Licenses
Item Fee
Bottle Club $ 300.00
Liquor, Off-Sale $ 310.00
Liquor, On-Sale $ 4,000.00
Liquor, Special Event $ 25.00
Liquor, Sunday $ 200.00
Malt Beverage, Off-Sale $ 150.00
Malt Beverage, On-Sale $ 500.00
Malt Beverage, On-Sale
(with wine license) $ 1.00
Wine License $ 2,000.00
Temporary Liquor License $ 50.00
Background Checks (per license) $ 500.00
2022 2023 Fee Schedule To Be Adopted by City Council 4/27/221/25/2023
S:\Fee Schedule
3. Other Licenses
Item Fee
Amusement machines (per machine) $ 30.00
Cigarette sales $ 250.00
Contractor licenses $ 35.00
Peddlers and solicitors
(For profit) $ 25.00 per individual
(Charitable) Free, but license still required
Pool tables (per table) $ 30.00
Refuse Haulers $ 100.00
Low-Density Rental License $ 50.00/per unit
High-Density Multifamily Rental License
5-19 units per building $ 150.00
20-49 units per building $ 200.00
50-99 units per building $ 250.00
100+ units per building $ 300.00
Re-inspection (due to initial failure) $ 50.00
B. PERMITS
1. Building permit fees:
Total Valuation Fee
$1.00 - $500.00 $25.00 $29.50
$501.00 - $2,000.00 $25.00 $28.00 for first $500, $3.25 $3.70/each additional
$100, to and including $2000
$2,001.00 - $25,000 $73.75 $83.50 for first $2000, $14.75$16.55/each additional
$1000, to and including $25,000
$25,001.00 - $50,000 $413.00 $464.15 for first $25,000, $10.75$12.00/each
additional $1000, to and including $50,000
$50,001.00 - $100,000.00 $681.75$764.15 for first $50,000, $7.50$8.45/each additional
$1000, to and including $100,000.00
$100,001.00 - $500,000.00 $1,056.75$1,186.65 for first $100,000, $6.00$6.45/each
additional $1000, to and including $500,000
$500,001.00 - $1,000,000.00 $3,456.75$3,886.65 for first $500,000, $5.00$5.50/each
additional $1,000, to and including $1,000,000
$1,000,001 and up $5,956.75$6,636.65 for first $1,000,000, $4.00$4.50/each
additional $1,000
Other Inspections and Fees:
1. Inspections outside of normal business hours $47.00 per hour1 (minimum charge
– two hours)
2. Re-inspection fees assessed under provisions of Section 305.8 $47.00 per hour1
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3. Inspections for which no fee is specifically indicated $47.00 per hour1 (minimum
charge – one-half hour)
4. Additional plan review required by changes, additions or revisions to plans
$47.00 per hour1 (minimum charge – one-half hour)
5. For use of outside consultants for plan checking and inspections, or both actual
costs2
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages, and fringe benefits
of the employees involved.
2Actual costs include administrative and overhead costs.
*Building Permits are subject to the State Surcharge
2. Relocation of structure or building: $ 150.00
3. Demolition or removal of structure: $ 1.25/1,000 cubic ft.; minimum $ 50.00
4. Residential Solar Installation
Flat fee: $200
State Surcharge: $1.00
5. Mechanical permit fees
a. Residential Work
Base Fee $ 30.00$50.00
State Surcharge $1.00
Furnace/Boiler (warm air or hot water heating system)
$ 60.00 $70.00 New
$ 30.00 $40.00 Replacement
$ 20.00 $30.00 Unit heaters
Air conditioning and refrigeration
$ 40.00$50.00 New
$ 25.00 $30.00 Replacement
Other Items
$ 25.00$35.00 Gas line/piping
$ 30.00 $40.00 Duct work
$ 35.00 $45.00 Wood burning furnace per unit
$ 35.00$40.00 Swimming pool heater per unit
$ 25.00 $35.00 Air exchanger with duct work per unit
$ 25.00$35.00 Gas or oil space heater per unit
$ 25.00 $35.00 Gas direct vent heater per unit
$ 25.00$35.00 Gas fireplace log or heater per unit
$ 25.00$35.00 Gas hot water heater for domestic hot water (only if
replacing gas line)
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b. Commercial Work
Gas piping, refrigeration, chilled water, pneumatic control, ventilation,
exhaust, hot water, steam, and warm air heating systems.
This fee shall be $50 plus 1-1/4 percent (1.25%) of the total valuation of the
work. Value of the work must include the cost of installation, alteration,
addition, and repairs, including fans, hoods, HVAC units and heat transfer
units, and all labor and materials necessary for installation. In addition, it
shall include all material and equipment supplied by other sources when
those materials are normally supplied by the contractor.
6. Plumbing Permit Fees
$ 30.00$35.00 base fee plus $ 7.00$10.00 per fixture installed, $ 1.00 state
surcharge
7. Right of Way Permit Fees
Item Fee
Registration fee $ 25.00
Hole $ 150.00$400.00
Trench $ 150.00$400.00 +
$40.00 per 100 lineal feet or portion thereof
Boring $ 150.00 $400.00 + $
40.00 per 100 lineal feet or portion thereof
Obstruction $ 50.00 + $ 0.06 per lineal foot
Small Cell Wireless
Permit fee $ 100.00
Rent on City structure $ 150.00 per year
Maintenance for colocation $ 25.00 per year
Monthly electrical services
Radio node less than 100 watts $ 73.00 per month
Radio node over 100 watts $ 182.00 per month
8. Sewer Connection or Repair $ 50.00
9. Water Connection
Meter Size Fee
3/4" $ 62.00
1" $ 115.00
1-1/2" $ 265.00
2" $ 470.00
3" $ 1,080.00
10. Street Opening Fee $ 25.00 (plus cost of permit)
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11. Zoning Permit
Item Fee
Fence $ 40.00$50.00
Temporary Sign $ 30.00$50.00
Permanent Sign (each) $ 50.00
Residential driveway $ 40.00
Commercial driveway Subject to Building Permit Fees
12. Mobile Storage Structure/Dumpster Permit
Location Fee
On private property
14 days $ 10.00
30 days $ 20.00
On public street
72 hours $ 10.00
(Permits may be renewed once in a 90 calendar-day period)
13. Chicken Permit (first time and subsequent applications) $ 50.00
14. Beekeeping Permit (first time and subsequent applications) $50.00
C. PLANNING FEES*
Item Fee
Comprehensive Plan Amendment $ 500.00
Conditional Use Permit $ 500.00
Design Review
(when required by code) $ 50.00
Lot Split (one lot into two) $ 500.00
Planned Unit Development $ 500.00
Rezoning/Zoning Amendment $ 500.00
Subdivision (>1 new lot) $ 500.00 + $ 100.00/lot created
Variance $ 500.00
Tax Increment Finance (TIF)
Application Fee $5,000.00 Non-Refundable
Escrow $10,000.00
*Fee plus actual cost billed by contractors or city consultant fees.
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D. FACILITY RENTAL FEES
Private use of public facilities is permitted on a space available basis. Reservations and damage deposits are
required for private use of the following community facilities. Discounted rates are available for weekly
bookings:
Park Facility Rental Amenities & Fees
Rental Fees
Facility Amenities available Half Day 9am-3pm / 4pm-10pm Full Day 9am-10pm
Community Park Building & Upper Picnic Area
(2050 Roselawn Ave; corner of Roselawn and Cleveland)
Park building Full kitchen (stove, oven, refrigerator/freezer, sink, microwave) Tables & chairs Inside bathrooms 2 BBQ grills 9 Outdoor picnic tables Parking lot (50 vehicle capacity) plus off-street parking
Not Available $150 + tax
East Picnic Area (near playground)
2 Picnic tables Trash receptacles Portable toilet Parking lot (50 vehicle capacity) plus off-street parking
$20 + tax $35 + tax
Lower Picnic Area (Southwest corner of park)
2 Picnic tables 1 BBQ grill Trash receptacles Portable toilet Parking lot (50 vehicle capacity) plus off-street parking
$20 + tax $35 + tax
Play Kit Rental Includes variety of balls, Frisbees, and other play equipment $15 + tax
Set up/Tear Down $25
Disclaimers:
• A damage deposit ($200-400, or as determined by the City Administrator) is required for park facility rentals. The deposit must be made in a separate form from the payment and will be
refunded upon return of facility key and inspection of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9
or MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City Hall.
o Regular business hours: Monday –Friday 8:00am-4:30pm o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday
7:30am-noon
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without
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payment.
• If you plan on bringing any outside equipment (i.e. inflatable devices, dunk tanks etc.) into the park, you must disclose this to a city employee during the reservation process. The City may require documentation such as a hold harmless agreement or certificate of insurance naming the
City has an additional insured.
City Hall Facility Rental Fees
Rental Fees
Capacity 3 hours Half Day 9am-3pm/4pm-10pm Full Day 8am-10pm
Council Chambers Full room (includes kitchen facility)
150 75 Seated $115125.00 + tax $175200.00 + tax $250275.00 + tax
Partial Council Chambers (Front or Back Half)
75 30 Seated $5060.00 + tax $100115.00 + tax $150175.00 + tax
Kitchen Facility 10
6 Seated $2530.00 + tax $5060.00 + tax $5075.00 + tax
Conference Room 8 maximum $3035.00 + tax $6070.00 + tax $100125.00 + tax
Set Up Fee (government entities exempt) $2530.00
Disclaimers:
• A $200 refundable damage deposit is required for City Hall rentals. The deposit must be made in
a separate form from the payment and will be refunded upon return of facility key and inspection of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9 or MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City Hall. o Regular business hours: Monday –Friday 8:00am-4:30pm o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon.
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without payment.
• City Hall cannot be rented for private social gatherings.
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Field/Court/Rink Rental Fees
Discounted rates are available for Multi-day bookings (see below)
Single Day Use Multi-day Use (weekly fee)
Individual/Group type 3 hour block Additional hours Resident $20 + tax $10/hour + tax -
Non-resident $30 + tax $10/hour + tax -
Youth organizations (must be open to youth aged 2-18 in Falcon Heights) $20 + tax $10/hour + tax
2 days/week: $35 3 days/week: $50 4 days/week: $65 5 days/week: $80 6+ days/week: $100
Adult organizations $30 + tax $10/hour + tax
2 days/week: $40 3 days/week: $55 4 days/week: $70
5 days/week: $85 6+ days/week: $105
Disclaimers:
• Fees apply only for games and practices. Tournaments or special events/services are subject to additional fees.
• Field/Court/Rink use permits will be issued when payment and application are received.
• All short term rentals (1-5 times) entitle the customer to use of the field as is; anything additional will be the customer’s responsibility (i.e. striping the field or providing bases.)
• Special request of services will be dealt with on a case by case basis and may include extra fees. All requests should be discussed with the Parks and Recreation Department at 651-792-7617.
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E. FACILITY USE BY PUBLIC SERVICE ORGANIZATIONS
1. Public facilities are available for use on a reservation basis.
2. The following shall be allowed use of public facilities but set up/tear down fees apply:
a. Specifically listed local organizations:
• League of Women Voters
• Senior Citizen Groups (Falconeers, Roseville Area Seniors)
• Ramsey County League of Local Governments
• League of Minnesota Cities/Association of Metropolitan Municipalities
• Watershed management organizations
• Scouts, Brownie Troops, 4-H, Campfire
• Neighborhood Groups (e.g. Grove Association, Maple Knoll Courtyard
Homeowner’s Association)
• 55 Alive Mature Driving Class
• Cable Commission
• Developers when presenting to neighbors
• Legislators for informational (non-campaign) meetings, except after the filing
date and before the November election of a legislative election year unless
requested by a majority of the city council
• Northeast Youth and Family Service
• Lauderdale and Falcon Heights Lions Club
• Roseville Rotary Club
• Party Precinct caucuses, legislated district conventions and county conventions
under the requirements of MN State Statute 202A.192
• AARP Tax Services
• Hobby groups or clubs that meet the following criteria:
o Falcon Heights based (A minimum of 25% of on-going members or
participants are Falcon Heights residents).
o Non-profit
o Open membership
o Founded on a hobby
o Actively reaches out to include people of different ages, especially youth,
to encourage intergenerational exchanges of information
o Encourages a community service and/or benefit component
• Falcon Heights neighborhood or community groups whose activities are open to
all and for the sole purpose of developing, fostering and strengthening
neighborhood and community well-being.
b. Any organization that meets the above guidelines yet uses a facility more than twice
a year shall be charged $100 per year.
c. The organization or group cannot be a private, business, political, or religious
organization.
d. Any organization denied free use under this policy as defined in this section may
appeal to the city council.
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F. MISCELLANEOUS FEES
Item Fee
Agendas (City Council or Commissions) 1 $ 15.00/year
City Council Minutes1 $ 35.00/year
Commission Minutes1 $ 20.00/year
New Resident Handbook $ 10.00 $1.00 printing fee
Single copies $ 0.25 + tax/page for first 100 pages
Assessment search $ 20.00
Maps $ 6.50
Open burning permit $ 25.00
(no charge for recreational fires)
Returned Check Fee $ 25.00
Credit/Debitcard convenience fee 2.95% per transaction
The charges apply only when hard copies are mailed. These documents can be viewed free of charge
on the website or at City Hall.
G. FALSE ALARM FEES
1. Fire False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm
$ 175 for second false alarm
$ 300 for third false alarm
$ 400 for fourth false alarm
$ 500 for fifth and subsequent false alarm
2. Security False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm
$ 60 for second false alarm
$ 100 for third false alarm
$ 200 for fourth false alarm
$ 300 for fifth false alarm
$ 400 for sixth false alarm
$ 500 for seventh and subsequent false alarm
3. Penalties and Assessment
Penalties for late payment and assessment of unpaid fees are the same as
stipulated for unpaid utility fees in the city code.
H. VEHICLE EMERGENCY RESPONSE
The fee for emergency personnel response to accidents is $350.00/vehicle.
I. PARKING FEES
Item Fee
Application fee to designate “residential area” permit parking $ 200.00
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Annual residential area parking permits
First two vehicles $ 15.00/vehicle
Third and subsequent vehicles $ 25.00/vehicle
Lost permit replacement $ 5.00
Temporary parking permit (up to 3 weeks) $ 3.00/vehicle
Temporary parking permit for 5 or more vehicles for
a one-time/one-day event $ 25.00
Uniform parking fine $50.00/violation
J. SANITARY SEWER
The sanitary sewer fee for residential units is $36.25$37.00 per quarter plus $0.0237695
$0.0242687 per cubic foot of water usage during the months of November – January. For
apartment units, the rate will be $36.25$37.00/unit/quarter plus $0.0237695$0.0242687 per
cubic foot of water used in November. For residential units, this will serve as the maximum
fee for other quarters throughout the year, but the actual amount billed may be lower
depending on water usage. For commercial units, the fee is $0.0237695$0.0242687 per cubic
foot of water usage during each month.
K. STORM DRAINAGE
The fee for storm drainage is $26.75 $27.50 per quarter for residential units and $247.04$254.21
per acre for commercial and apartment units.
L. HYDRANT WATER
The fee for hydrant water is 6% surcharge of the water bill.
M. RECYCLING
The recycling charge is $10.5012.75 per quarter for residential units.
N. STREET LIGHTING
The street lighting fee is $6.00 per quarter for residential units and $0.02 per lineal foot
frontage for commercial properties monthly.
O. FEES FOR UNSPECIFIED REQUESTS
A private party or public institution (hereinafter applicant) making a request to the
City for approval of a project or for public assistance must cover the City's consultants'
costs associated with reviewing the request. Prior to having the request considered by
the City, the applicant must deposit an escrow fee in an amount that is estimated to
cover the City's consultants' costs as determined by the City Administrator. If the
City's consultants' costs exceed the initial escrow deposited by the applicant, an
additional escrow fee will be required to cover the additional costs. The City shall use
the applicant's fees to cover the City's actual consultants' costs in reviewing the request
regardless of the City's action on the applicant's request. If the applicant's escrow fees
exceed the City's actual consultants' costs for reviewing the request, the remaining
escrow fees shall be refunded to the applicant.
P. SNOW AND ICE REMOVAL
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$100/hour with a minimum of $100
SUMMARY ORDINANCE NO. 23-01
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE FEE/RATE SCHEDULE FOR THE CITY OF
FALCON HEIGHTS RELATIVE TO 2023 WATER & SEWER RATES, 2023
RECYCLING RATES, COMMUNITY DEVELOPMENT PERMIT FEES,
AND CITY HALL FACILITY RENTAL RATES
Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary
may be published. While a copy of the entire ordinance is available without cost at the office of
the City Clerk, the following summary is approved by the City Council and shall be published in
lieu of publishing the entire ordinance:
The purpose of this ordinance is to amend the City Fee/Rate Schedule for 2023 water &
sewer rates, 2023 recycling rates, community development fees and city hall facility rental
rates.
This ordinance shall be effective upon passage.
APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this
25th day of January, 2023.
CITY OF FALCON HEIGHTS
BY: ________________________________
Randall C. Gustafson, Mayor
ATTEST:
_____________________________________
Jack Linehan, City Administrator
Business Licenses City of Falcon Heights City of Littile Canada City of Roseville City North St. Paul
Bus Benches $50 per bench N/A same $70 per bench Gasoline Station Operator $200/base plus $20/pump Gasoline stations $186 - Gas Pumps $186 $85 plus $15 per nozzleLess than 15 hours $100
15-20 hours $40020 hours or more $500Muncipal Business10,000 sq. ft or less $100 N/A N/A N/A
10,000 sq. ft or more $200 N/A N/A N/APool Hall $800 N/A N/A N/APrecious Metal DealerInvestigation fee/general $1,500 N/A N/A N/AInvestigation fee/MN only $500 N/A N/A N/ALicense fee $2,000 N/A $3,000 N/ARestaurant
Lunchroom $50 N/A N/A N/ALess than 15 hours $100 N/A N/A N/A15-20 hours $400 N/A N/A N/A20 hours or more $500 N/A N/A N/A
Therapeautic Massage LicenseInvestigation fee $350 $300 - prinipal use $100 - accessory use (massage therapy individual $75)Massage Therapist $125 New $2,000; renewal $150License fee $100 $325 N/AHome Occupation License $50 N/A N/A N/ARetail Grocery License $50 N/A N/A N/AHoliday Tree Sales License $50 N/A N/A $75Car Wash License $50 N/A N/A N/A
Amusement machines (per machine)$30 $15 base plus $15 per device N/A N/ACigarette sales $250 $250 - full year /$125 - half year $200 $300Contractor License $35 $50 N/A $70Peddlers and solicitorsFor profit $25 per person $50 $75 Per Company $100; Per Employee $75ChartiableFree but license still required N/A N/A N/APool tables (per table)$30 N/A N/A N/A
Refuse Haulers $100 $150 $125 $220Low-Density Rental License $50 per unit $60 entire property Administrative fee (per unit) $100; Registration feInitial Registration $150; Annual Registration $100High-Density Multifamily Rental License $50 base fee $102; per unit $15 Initial Registration $200; Annual Registration $1505-19 units per building $150 Duplex/Triple $60/bldg. + $10/unit20-49 units per building $200 Condominium $60/unit50- 99 units per building $250 4-plex/multi-unit building $105/bldg. + $10/unit100 + units per building $300
Re-inspection (due to initial failure)$50 $105 mulit-family $75; single family $50
Liquor Licenses City of Falcon Heights City of Littile Canada City of Roseville City of North St. PaulBottle club $300 N/A N/A N/A
Liquor, Off-Sale $310 same $300 $200Liquor, On-Sale $4,000 $5,284 $7,000 $5,000Liquor, Special Event $25 N/A N/A $300
Liquor, Sunday $200 same same sameMalt Beverage, Off-Sale $150 N/A N/A $200
Malt Beverage, On-Sale $500 N/A N/A $150
Malt Beverage, On-Sale (with wine license)$1 N/A N/A N/AWine License $2,000 $763 75 seats or less $750 - 75 seats or more $1,500 $2,000
Temoprary Liquor License $50 $35 same $25Background Checks (per License)$500 N/A N/A N/AInvestigation fee/MN only $500 N/A $300 $500
Permits City of Falcon Heights City of Littile Canada City of RosevilleBuilding permit fees (Total Valuation)$1 - $500 $25 $29.50 $31$501 - $2,000 $25 for first $500, $3.25/each additonal $100, to and inluding $2000 $28 for first $500, $3.70/each additonal $100, to and inluding $2000 $31 for first $500; plus $4.00 fore each add'1 $100 value or fraction thereof$2,001 - $25,000 $73.75 for first $2,000, $14.75/each additonal $1,000, to and inluding $25,000 $83.50 for first $2,000, $16.55/each additonal $1,000, to and inluding $25,000 $83.50 for first $2,000; plus $16.55 fore each add'1 $1,000 value or fraction thereof$25,001 - $50,000 $413 for first $25,000, $10.75/each additonal $1,000, to and inluding $50,000 $464.15 for first $25,000, $12/each additonal $1,000, to and inluding $50,000 $464.15 for first $25,000; $12.00 fore each add'1 $1000 value or fraction thereof$50,001 - $100,000 $618.75 for first $50,000, $7.50/each additonal $1,000, to and inluding $100,000 $764.15 for first $50,000, $8.45/each additonal $1,000, to and inluding $100,000 $764.15 for first $50,000; $8.45 fore each add'1 $1000 value or fraction thereof$100,001 - $500,000 $1,056.75 for first $100,000, $6/each additonal $1,000, to and inluding $500,000 $1,186.65 for first $100,000, $6.75/each additonal $1,000, to and inluding $500,000 $1,186.65 for first $100,000; $6.75 fore each add'1 $1000 value or fraction thereof$500,001 - $1,000,000 $3,456.75 for first $500,000, $5/each additonal $1,000, to and inluding $1,000,000 $3,886.65 for first $500,000, $5.50/each additonal $1,000, to and inluding $1,000,000 $3,886.65 for first $500,000; $5.50 fore each add'1 $1000 value or fraction thereof$1,000,001 and up $5,956.75 for first $1,000,000, $4/each additonal $1,000 $6,636.65 for first $1,000,000, $4.50/each additonal $1,000 $6,636.65 for first $1,000,000; $4.50 fore each add'1 $1000 value or fraction thereofOther Inspections and fees:Inspections outside normal business hours (minimum two hours)$47 per hour $50.50 $70 per hourRe-inspection fees assessed under provision of Section 305.8 $47 per hour N/A $70 per hourInspections for which no fee is specifically indicated (minimum charge - one half hour)$47 per hour N/A $70 per hourAddintional plan review required by changes, additions or revisions to plans (minimum charge - one half hour)$47 per hour 25% of normal building permit $70 per hourRelocation of structure or building $150 N/A N/ADemolition or removal of stucture $1.25/1,00 cubic ft; minimum $50 Fee based on valuation Tenant improvement/remodeling $75; Structures not connected to utilites $96; Structures connected to city untilites: residential $163; Structures connected to city utuilies: commercial $425Residential solar installationFlat fee $200 N/A 1.28% of job cost or $160 minimum feeState surcharge $1 N/A N/AMechanical permit fees - Residential Work Base fee $30 N/A N/AState surcharge $1 same N/AFurnace/boiler $60 new, $30 replacement, $20 unit heaters $75 new, $55 replacemnet, $35 unit heaters $61 new or replacementAir conditioning refrigeration $40 new and $25 replacement $55 new and $35 replacement $61 new or replacementOther items Gas line/piping $25 $35 For new construction 1.28% of job cost plus $61Duct work $30 $40 N/AWood burning furance per unit $35 N/A N/ASwimming pool heater per unit $35 $40 $61 new or replacementAir exchanger with duct work per unit $25 $45 N/AGas or oil space heater per unit $25 $35 N/AGas direct vent heater per unit $25 N/A N/AGas fireplace log or heater per unit $25 N/A $61Gas hot water heater for domestic hot water $25 N/A $61Commercial Work $50 plus 1.25% of the total valuation $60 base fee plus 1.50% of the total valuation 1.28% of job cost plus $61Plumbing permit fees $30 base fee plus $7 per fixture, $1 state surcharge $35 base fee plus $10 per fixture, $1 state surcharge $61 base fee; $10 for each fixture openingRight of Way Permit FeesRegistration fee $25 $200 N/AHole $150 N/A $400 per hole Trench $150 + $40 per 100 lineal ft or portion thereof N/A $400 + $0.40/lineal foot of trench Boring $150 + $40 per 100 lineal ft or portion thereof N/A $400 + $0.40/lineal foot of trench Obstuction $50 + $0.06 per lineal ft N/A $50 + $0.06/lineal foor Small Cell WirelessPermit Fee $100 N/A N/ARent on City structure $150 per year N/A N/AMaintenance for colocation (monthly electrical services)$25 per year N/A N/ARadio node less than 100 watts $73 per month N/A N/ARadio node over 100 watts $182 per month N/A N/ASewer Connection or repair $50 N/A repair $61Water Connection (Meter Size)$96 (residential); $303 (commercial)3/4"$62 N/A1"$115 N/A1-1/2"$265 N/A2"$470 N/A3"$1,080 N/AStreet Opening $25 plus cost of permit N/A N/AZoning Permit Fence $40 $50 for 6 ft tall and under; $75 for over 6 feet tall $52Temorary Sign $30 $50 (Only good for 30 days)samePermanent Sign (each)$50 based on value $55 minimumResidential driveway $40 $50 up to 1500 SF and $100 over 1500 SF $55Commercial driveway subject to building permit fees $100 up to 50,000 SF and $100 plus SF over 50,000 x 0.002 N/AMobile Storage Structure/Dumpster PermitOn private property 14 days $10 N/A N/A30 days $20 N/A N/AOn public street72 hours $10 N/A N/AChicken Permit $50 N/A N/ABeekeeping Permit $50 N/A N/APlanning FeesComprehensive Plan Amendment $500 $1,000 $1,725Conditional Use Permit $500 $500 - Single Family and $750 - All others Residental $510; Commercial $775Design Review (when requied by code)$50 N/A N/ALot split (one lot into two)$500 N/A N/APlanned Unit Development $500 $1,500 $1,210Rezoning/Zoning Amendement $500 $1,000 $2,500 escrowSubdivision (>1 new lot)$500 + $100/lot created $500 - subdivision or lot line adjustment - 3 or less lots and $1,500 - subdivision or plat(4 or more lots)Varienace $500 $500 - single & two family and $750 - all others $360 (residential); $475 (non-residential)Tax increment finance (TIF)Application fee $5,000 $1,000 N/AEscrow $10,000 $10,000 N/A
Facility Rental Fees City of Falcon Heights City of Littile Canada City of Roseville City North St. PaulCommunity Park Building & Upper Picnic AreaHalf Day N/A N/A $105 resident; $145 non-resident (3 hours)N/AFull Day $150 + tax $160 resident; $210 non-resident $170 resident; $215 non-resident (5 hours)$150 resident; $200 non-resident (per day)
Picnic Areas
Half Day $20 + tax N/A N/A N/A
Full Day $30 +tax $60 resident; $110 non-resident N/A $50 resident; $65 non-resident (per day)Play Kit Rental $15 + tax N/A N/A N/ASet up/Tear down $25 N/A N/A N/ACouncil Chambers
3 hours $115 + tax N/A N/A N/A
Half Day $175 + tax N/A N/A N/A
Full Day $250 + tax N/A N/A N/APartial Council Chambers3 hours $50 + tax N/A N/A N/AHalf Day $100 + tax N/A N/A N/A
Full Day $150 + tax N/A N/A N/A
Kitchen Facility
3 hours $25 + tax N/A N/A N/A
Half Day $50 + tax N/A N/A N/AFull Day $50 + tax N/A N/A N/AConference Room3 hours $30 + tax N/A N/A N/A
Half Day $60 + tax N/A N/A N/A
Full Day $100 + tax N/A N/A N/A
Misc. Fees City of Falcon Heights City of Littile Canada City of Roseville City North St. Paul
Agendas $15/year N/A $10 N/A
City Council Minutes $35/year N/A N/A N/A
Commission Minutes $20/year N/A $15 N/A
New Resident Handbook $10 printing fee N/A N/A N/A
Singles Copies $0.25 + tax/page for first 100 pages N/A N/A Same
Assessment Search $20 $10 $100 $30
Maps 6.50 $5 $100 N/A
Open Buning Permit $25 N/A $120 + $0.50 per required notice N/A
Returned Check Fee $25 N/A $30 N/A
Credit/Debt conveience fee 2.65% per transaction N/A N/A N/A
Fire False Alarms
First $0 $0 $0 $0
Second $175 $0 $0 $0
Third $300 $250 $300 $250
Fourth $400 $250 $400 $500
Fifth $500 $250 $500 $500
Security False Alarms
First $0 $0 $0 $0
Second $60 $0 $0 $0
Third $100 $50 same $250
Fourth $200 $50 same $500
Fifth $300 $50 same $500
Sixth $400 $50 same $500
Seventh $500 $200 same $500
Annual Residential Area Parking Permits
First two vehicles $15/vehicle N/A N/A N/A
Third and subsequent vehicles $25/vehicle N/A N/A N/A
Lost permit replacement $5 N/A N/A N/A
Temporary parking permit (up to 3 weeks)$3/vehicle N/A N/A N/A
Temp. parking permit for 5 or more vehicles for a one time/one event $25.00 N/A N/A N/A
Uniform parking fine $50/violation N/A N/A N/A
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item General Disbursements, Payroll and Wire Payments
Description
General Disbursements through: 1/18/23 $122,269.09
Payroll through: 1/15/23 $21,359.98
Wire Payments through: 1/15/23 $14,950.39
Budget Impact The general disbursements, payroll and wire payments are consistent with the budget.
Attachment(s) • General Disbursements, Payroll and Wire Payments
Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements, payroll and wire payments.
Meeting Date January 25, 2023
Agenda Item Consent G1
Attachment General Disbursements. Payroll, and Wire Payments
Submitted By Roland Olson, Finance Director
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approval of City License(s)
Description
The following individuals/entities have applied for a Municipal Business
License for 2023. Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience
2. The Good Acre
3. Curves
The following individuals/entities have applied for a Tobacco License for 2023.
Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience
The following individuals/entities have applied for a Gasoline Station
Operator License for 2023. Staff have received the necessary documents for
licensure.
1. Falcon Heights Gas & Convenience
The following individuals/entities have applied for a Retail Grocery License
for 2023. Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience
The following individuals/entities have applied for a Charitable Gambling for
2023. Staff have received the necessary documents for licensure.
1. Falcon Heights Elementary PTA
The following individuals/entities have applied for a Car Wash License for
2023. Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience
The following individuals/entities have applied for a Home Occupation
License for 2023. Staff have received the necessary documents for licensure.
Meeting Date January 25, 2023
Agenda Item Consent G2
Attachment N/A
Submitted By Kelly Nelson
Assistant to the City Administrator
The following individuals/entities have applied for a Tree Contractors License
for 2023. Staff have received the necessary documents for licensure.
1. Northeast Tree, Inc.
The following individuals/entities have applied for a Refuse & Recycling
Hauler License for 2023. Staff have received the necessary documents for
licensure.
The following individuals/entities have applied for a Multifamily Rental
Dwelling License for 2022. Staff have received the necessary documents for
licensure.
1. Buhl Investors, 1667 Snelling Ave. N. (East Building)
2. Buhl Investors, 1667 Snelling Ave. N. (West Building)
The following individuals/entities have applied for a Multifamily Rental
Dwelling License for 2023. Staff have received the necessary documents for
licensure.
1. Larpenteur Manor, LLC, 1710, 1720 and 1730 Larpenteur Ave. W.
The following individuals/entities have applied for a Restaurant License for
2023. Staff have received the necessary documents for licensure.
The following individuals/entities have applied for a Liquor License for 2023.
Staff have received the necessary documents for licensure.
1. N/A
Attachment(s) N/A
Action(s)
Requested Staff recommends approval of the City license applications contingent on
background checks and fire inspections as required.
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Charitable/Lawful Gambling License for Falcon Heights Elementary PTA
Description
For the past several years, the Falcon Heights Elementary PTA has held a
fundraising raffle as part of their annual carnival event. Because the total value
of the prizes is expected to be over $1,500, an exempt permit to conduct lawful
gambling activity is required. The PTA is requesting that the City approve
their application with no waiting period. They are making the request now for
the carnival in April of 2023 so that they can begin printing and selling raffle
tickets as soon as possible.
If Council chooses to approve the charitable gambling application, the City
would then need to sign the LG220 Application Form completed by the
applicant and forward it to the Minnesota Gambling Control Board for review
and final approval.
Budget Impact N/A
Attachment(s) • City’s Charitable Gambling Application
Action(s)
Requested
Staff recommends that Council approve the exemption charitable gambling
application for Falcon Heights Elementary PTA to conduct lawful gambling
activity at their annual carnival and authorize the City Administrator to
execute all necessary documents.
Meeting Date January 25, 2023
Agenda Item Consent G3
Attachment City’s Charitable Gambling Application
Submitted By Kelly Nelson, Assistant to the City
Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Data Practice Policies
Description
Minnesota State Statute requires each government body adopt data practice
policies. While the City has historically operated on past-practices, it is
important to formalize a policy on how to handle data on the two primary
subjects: data on the public, and data on a subject.
MN State Statute 13.025 GOVERNMENT ENTITY OBLIGATION.
Subdivision 1.Data inventory.
The responsible authority shall prepare an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity. Forms used to collect private and confidential data may be included in the inventory. The responsible authority shall update the inventory annually and make any changes necessary to maintain the accuracy of the inventory. The inventory must be available from the responsible authority to the public according to the provisions of
sections 13.03 and 15.17. The commissioner may require responsible authorities to submit copies of the
inventory and may request additional information relevant to data collection practices, policies, and
procedures.
Subd. 2.Public data access policy.
The responsible authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data.
Subd. 3.Data subject rights and access policy.
The responsible authority shall prepare a written policy of the rights of data subjects under
section 13.04 and the specific procedures used by the government entity for access by the data subject to
public or private data on individuals. The written policy must be updated no later than August 1 of each
year, and at any other time as necessary to reflect changes in personnel, procedures, or other
circumstances that impact the public's ability to access data.
The Act requires cities to develop and adopt a policy each year.
The Minnesota Department of Administration provides governmental entities
model policies that they may adopt rather than create a policy.
Meeting Date January 25, 2023
Agenda Item Policy Item G4
Attachment Policies, Resolution 23-05
Submitted By Jack Linehan, City Administrator
Budget Impact
Attachment(s) • Public Data Access Policy
• Data Subject Rights and Access Policy
• Resolution 23-05 Approving Policies for the Minnesota Government
Data Practices Act
Action(s)
Requested
Staff recommends approving the attached resolutions prior to the State of
Minnesota’s August 1 deadline for approval.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 1
Data Practices Policy For the Public
Minnesota Statutes, sections 13.025 and 13.03 require this policy.
If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes,
section 13.073, subd. 6. Please use the notification information at the end of this model policy.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 2
Your Right to See Public Data
The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless
a state or federal law says the data are not public. Government data means all recorded information a government entity
has, including paper, email, flash drives, CDs, DVDs, photographs, etc.
The law also says that City of Falcon Heights must keep all government data in a way that makes it easy for you to access
public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to
get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of
charge, before deciding to request copies.
How to Request Public Data
You can ask to look at (inspect) data at our offices, or ask for copies of public data that we keep.
Make a wriiten request. You may make your request by mail, fax, and email. Requests should go to the Responsible
Authority or a Designee listed on page 4, using the data request form on page 6.
If you do not use the data request form, your request should:
• Say that you are making a request for public data under the Government Data Practices Act (Minnesota Statutes,
Chapter 13).
• Include whether you would like to inspect the data, have copies of the data, or both.
• Provide a clear description of the data you would like to inspect or have copied.
You are not required to identify yourself or explain the reason for your data request. However, you may need to provide
us with some personal information for practical reasons (for example: if you want us to mail copies to you, you need to
provide us with an address or P.O Box). If we do not understand your request and have no way to contact you, we cannot
respond to your request.
How We Will Respond to Your Data Request
Upon receiving your request, we will review it.
• We may ask you to clarify what data you are requesting.
• If we do not have the data, we will notify you in writing within 10 business days.
• If we have the data, but we are not allowed to give it to you, we will tell you as soon as reasonably possible and
identify the law that prevents us from providing the data.
• If we have the data, and the data are public, we will respond to your request appropriately and promptly, within
a reasonable amount of time by doing one of the following:
o Arrange a date, time, and place for you to inspect the data at our offices; or
o We will provide notice to you about our requirement to prepay for copies.
o You may choose to pick up your copies, or we will mail or email them to you. We will provide electronic
copies (such as email or CD-ROM) upon request, if we keep the data in that format and we can reasonably
make a copy.
o Response time may be impacted by the size and/or complexity of your request, and also by the number
of requests you make in a given period of time.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 3
o Following our response, if you do not make arragements within 10 business days to inspect the data or
pay for the copies, we will conclude that you no longer want the data and will consider your request
closed.
If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please tell the person who
provided the data to you. We will give you an explanation if you ask.
The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data
in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the data you
request are on paper only, we are not required to create electronic documents to respond to your request. If we agree to
create data in response to your request, we will work with you on the details of your request, including cost and response
time.
We are also not required to respond to questions that are not about your data requests, or requests for government data.
Requests for Summary Data
Summary data are statistical records or reports created by removing identifying information about individuals from
entirely private or confidential data.
We will prepare summary daa if you make your request in writing and pre-pay/pay for t host of creating the data.
You may use the data request form on page 6 to request summary data. We will respond to your request within ten
business days with the data or details of when the data will be ready and how much we will charge you.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 4
Data Practices Contacts
Responsible Authority / Data Practices Compliance Official
Jack Linehan, City Administrator
Adress: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7611
Email: jack.linehan@falocnheights.org
Data Practices Designee(s)
Kelly Nelson, Assistant to the City Administrator
Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7617
Email: kelly.nelson@falconheights.org
Brennan Sorensen, Administrative and Communications Coordinator
Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7621
Email: brennan.sorensen@falconheights.org
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 5
Copy Costs – When You Request Public Data
Minnesota Statutes, section 13.03, subdivision 3(c) allows us to charge for copies.
You must pay for the copies before we will give them to you.
Multiple requests made within the same 10 business-day period will be treated as a single request for the purposes of
calculating total copy costs.
If possible, and upon request, we will provide you with an estimation of the total cost of supplting copies.
For 100 or fewer paper copies – 25 cents per page
100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-
sided copy.
Most other types of copies – actual cost
The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for
and retrieving the data, and making the copies or electronically sending the data.
In determining the actual cost of making copies, we include employee time, the cost of the materials onto which we are
copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot copy
ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies.
If, based on your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will
calculate search and retrieval charges at the higher salary/wage.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 6
Data Request Form – Requesting Public Data
Note: Inspection is free but the City of Falcon Heights charges for copies as stated on the Fee Schedule:
https://www.falconheights.org/home/showpublisheddocument/2236/637655759592873046
We will respond to your request as soon as reasonably possible.
* You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will
need some type of contact information. We also need contact information if we do not understand your request. We will
not work on your request until we can clarify it with you.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 7
Notice of Adoption of Model Policies
Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that
relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03,
subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and
promptly.
Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and
procedures to help government entities comply with those requirements. Entities that choose to adopt the
Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the
Commissioner if you choose to adopt the model policies and procedures.*
Notice to Commissioner of Administration: Adoption of Model Policies
City of Falcon Heights has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects.
This notice to the Commissioner satisfies City of Falcon Height’s obligation under Minnesota Statutes, section 13.073,
subdivision 6.
Jack Linehan
City Administrator
Signed: 1/25/2023
*Government entities may submit this notification by mail or email:
Commissioner of Administration
c/o Data Practices Office
658 Cedar Street
Suite 320
St. Paul, MN 55155
info.dpo@state.mn.us
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 1
Data Practices Policy:
Requests for Data About You and Your Rights as a Data
Subject
Minnesota Statutes, sections 13.025 and 13.03 require this policy.
If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota
Statutes, section 13.073, subd. 6. Please use the notification information at the end of this model policy.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
2
What is a “Data Subject”?
When government has information recorded in any form (paper, harddrive, voicemail, video, email, etc.), that
information is called “government data” under the Government Data Practices Act (Minnesota Statutes, Chapter
13). When we can identify you in government data, you are the “data subject” of that data. The Data Practices
Act gives you , as a data subject, certain rights. This policy explains your rights as a data subject, and tells you
how to request data about you, your minor child, or someone for whom you are the legal guardian.
When Admin Has Data About You
The City of Falcon Heights has data on many people, such as permit applications, licenses and employment
applications. We can collect and keep data about you only when we have a legal purpose to have the data. Admin
must also keep all government data in a way that makes it easy for you to access data about you.
Government data about an individual have one of three “classifications.” These classifications determine who is
legally allowed to see the data. Data about you are classified by state law as public, private, or confidential. Here
are some examples:
Public Data
The Data Practices Act presumes that all government data are public unless a state or federal law says that the
data are not public. We must give public data to anyone who asks. It does not matter who is asking for the data
or why the person wants the data. The following are examples of public data about you that we might have:
• Your name on an application for a business license
• Your name on an application for a building permit
• Your address or other publicly accessible records
Private data
We cannot give private data to the general public. We can share your private data with you, with someone who
has your permission, with our government entity staff whose job requires or permits them to see the data, and
with others as permitted by law or court order. The following are examples of private data about you that we
might have:
• Your social security number
• Your driver’s license number
• Your credit card number
Confidential Data
Confidential data have the most protection. Neither the public nor you can access confidential data even when
the confidential data are about you. We can share confidential data about you with our government entity staff
who have a work assignment to see the data, and to others as permitted by law or court order. The following is
an example of confidential data about you:
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
3
• Juvenille case files
• Internal investigations
• Witness reports
Your Rights Under the Government Data Practices Act
As a data subject, you have the following rights.
Access to Your Data
You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also
have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for
copies. You have the right to look at data, free of charge, before deciding to request copies.
Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or
confidential.
As a parent, you have the right to look at and get copies of public and private data about your minor children
(under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and
private data about an individual for whom you are appointed guardian.
Minors have the right to ask us not to give data about them to their parent or guardian. If you are a minor, we
will tell you that you have this right. We will ask you to put your request in writing and to include the reasons
that we should deny your parents access to the data. We will make the final decision about your request based
on your best interests.
When We Collect Data From You
When we ask you to provide data about yourself that are not public, we must give you a notice called a
Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use
and release the data only in the ways described in the notice.
We will ask for your written permission if we need to use or release private data about you in a different way, or
if you ask us to release the data to another person. This permission is called informed consent.
Protecting Your Data
The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure
that your data are safe.
In the unfortunate event that we determine a security breach has occurred and an unauthorized person has
gained access to your data, we will notify you as required by law.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
4
When Your Data are Inaccurate or Incomplete
You have the right to challenge the accuracy and/or completeness of public and private data about you. You also
have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data
about you.
How to Make a Request For Your Data
You can ask to look at (inspect) data at our offices, or ask for copies of data that we have about you, your minor
child, or an individual for whom you have been appointed legal guardian.
Make a written request . You may make your request by mail, fax, or email. Also, requests should go to the
Repsponsible Authority or a Designee, using the data request form on page 8.
We recommend using the sample Data Request Form – Data Subjects on page 8. If you do not choose to use the
data request form, your request should:
• Say that you are making a request as a data subject, for data about you (or your child, or person for whom
you are the legal guardian), under the Government Data Practices Act (Minnesota Statutes, Chapter 13).
• Include whether you would like to inspect the data, have copies of the data, or both.
• Provide a clear description of the data you would like to inspect or have copied.
• Provide proof that you are the data subject or data subject’s parent/legal guardian.
We require proof of your identity before we can respond to your request for data. If you are requesting data
about your minor child, you must show proof that you are the minor’s parent. If you are a legal guardian, you
must show legal documentation of your guardianship. Please see the Standards for Verifying Identity on page 9.
If you do not provide proof that you are the data subject, we cannot respond to your request.
How We Respond to a Data Request
Upon receiving your request, we will review it.
• We may ask you to clarify what data you are requesting.
• We will ask you to confirm your identity as the data subject.
• If we do not have the data, we will notify you in writing within 10 business days.
• If we have the data, but the data are confidential or not public data about someone else, we will notify
you within 10 business days and identify the law that prevents us from providing the data.
• If we have the data, and the data are public or private data about you, we will respond to your request by
doing one of the following:
o Arrange a date, time, and place to inspect data in our office, ensuring you have a meaningful
opportunity to inspect data within 10 business days of your request at no charge
o Tell you how much the copies cost, and then provide you with copies of the data within
10 business days and upon payment of charges for the copies. You may choose to pick up your
copies, or have us mail or email them to you. We will provide electronic copies (such as email or
CD-ROM) upon request, if we keep the data in electronic format and we can reasonably make a
copy.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
5
o We will provide notice to you about our requirement to prepay for copies.
• Following our response, if you do not make arranments with 10 business days to inspect the data or pay
for the copis, we will conclude that you no longer want the data and will consider your request closed.
• After we have provided you with your requested data, we do not have to show you the same data again
for 6 months unless there is a dispute about the data or we collect or create new data about you.
If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please tell the
person who provided the data to you. We will give you an explanation if you ask.
The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide
data in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the
data you request are on paper only, we are not required to create electronic documents to respond to your
request. If we agree to create data in response to your request, we will work with you on the details of your
request, including cost and response time.
In addition, we are not required to respond to questions that are not about your data requests, or that are not
requests for government data.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
6
Data Practices Contacts
Responsible Authority / Data Practices Compliance Official
Jack Linehan, City Administrator
Adress: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7611
Email: jack.linehan@falocnheights.org
Data Practices Designee(s)
Kelly Nelson, Assistant to the City Administrator
Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7617
Email: kelly.nelson@falconheights.org
Brennan Sorensen, Administrative and Communications Coordinator
Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113
Phone Number: (651)792-7621
Email: brennan.sorensen@falconheights.org
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
7
Copy Costs – Data Subjects
Minnesota Statutes, section 13.04, subdivision 3 allows us to charge for copies.
You must pay for the copies before we will give them to you.
Multiple requests made within the same 10 business-day period will be treated as a single request for the purposes
of calculating total copy costs.
If possible, and upon request, we will provide you with an estimation of the total cost of supplting copies.
Actual Cost of Making the Copies
We will charge the actual cost of making copies for data about you. In determining the actual cost, we include the
employee-time to create and send the copies, the cost of the materials onto which we are copying the data (paper,
CD, DVD, etc.), and mailing costs such as postage (if any).
If your request is for copies of data that we cannot copy ourselves, such as photographs, we will charge you the
actual cost we must pay an outside vendor for the copies.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
8
Data Request Form – Data Subject
Note: Inspection is free but the City of Falcon Heights charges for copies as stated on the Fee Schedule:
https://www.falconheights.org/home/showpublisheddocument/2236/637655759592873046
We will respond to your request within 10 business days
To Be Completed By Staff Member Responding to Data Request:
Identity Confirmed:
Date:
Staff Name:
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
9
Standards For Verifying Identity
The following constitute proof of identity:
• An adult individual must provide a valid photo ID, such as
o a driver’s license
o a state-issued ID
o a tribal ID
o a military ID
o a passport
o the foreign equivalent of any of the above
• A minor individual must provide a valid photo ID, such as
o a driver’s license
o a state-issued ID (including a school/student ID)
o a tribal ID
o a military ID
o a passport
o the foreign equivalent of any of the above
• The parent or guardian of a minor must provide a valid photo ID and either
o a certified copy of the minor’s birth certificate or
o a certified copy of documents that establish the parent or guardian’s relationship to the child,
such as
a court order relating to divorce, separation, custody, foster care
a foster care contract
an affidavit of parentage
• The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate
documentation of formal or informal appointment as guardian, such as
o court order(s)
o valid power of attorney
Note: Individuals who do not inspect data or pick up copies of data in person may be required to provide either
notarized or certified copies of the documents that are required or an affidavit of ID.
Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019)
10
Notice of Adoption of Model Policies
Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written
policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes,
section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with
appropriately and promptly.
Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model
policies and procedures to help government entities comply with those requirements. Entities that choose to
adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to
notify the Commissioner if you choose to adopt the model policies and procedures.*
Notice to Commissioner of Administration: Adoption of Model Policies
City of Falcon Heights has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data
Subjects. This notice to the Commissioner satisfies City of Falcon Height’s obligation under Minnesota Statutes,
section 13.073, subdivision 6.
Jack Linehan
City Administrator
Signed: 1/25/2023
*Government entities may submit this notification by mail or email:
Commissioner of Administration
c/o Data Practices Office
658 Cedar Street
Suite 320
St. Paul, MN 55155
info.dpo@state.mn.us
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
January 25, 2023 No. 23-05 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION APPROVING POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT WHEREAS, the Minnesota Government Data Practices Act found at Minnesota Statutes,
Chapter 13 (the “Act”) and Minnesota Rules, Chapter 1205 (the “Rules”), regulate government
data; and WHEREAS, S, Minnesota Statutes, Section 13.03, Subdivision 2, Section 13.05, Subdivision 5 and Section 13.025 require the City of Falcon Heights (the “City”) to establish policies regarding
the collection, storage, use and dissemination of data under the Act; and
WHEREAS, the updated policies are contained in the following documents, which were submitted to the City Council for its review (collectively, the “Data Practices Policies”):
• City of Falcon Heights Public Records Data Practice Policy
• City of Falcon Heights Data Subjects Data Practice Policy; and WHEREAS, the City Council has reviewed the Data Practices Policies and finds them to be
appropriate and acceptable; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Approves the Data Practice Policies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE WASSENBERG
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approve State of Minnesota Pay Equity Report
Description
In 1984, the Minnesota Legislature passed the Local Government Pay
Equity Act. This act created a three-year cycle whereby each unit of local
government is required to provide a report on levels of pay for each class of
employee, with the goal of achieving equity among male and female
classes. The City of Falcon Heights is required to submit a report by January
31, 2023 based on salary levels as of December 31, 2022. The governing body
is required to approve the report before submission.
Staff used Minnesota Department of Employee Relations software to
tabulate our most recent pay equity report. Using a point system
established by the State of Minnesota, the attached report was produced.
Due to our small size a statistical analysis is used to determine if we are
complaint with state statues. According to the T-Test table provided by the
Department of Employee Relations, these levels indicate that there is no
underpayment of female employees relative to expected pay.
Budget Impact
Attachment(s) • State of Minnesota Pay Equity Report
Action(s) Requested Staff recommends that the Council approve the attached State of Minnesota Pay Equity Report.
Meeting Date January 25, 2023
Agenda Item Consent G5
Attachment State of Minnesota Pay Equity Report
Submitted By Jack Linehan, City Administrator
Compliance Report
Jurisdiction:Falcon Heights Report Year:2023
2077 West Larpenteur Avenue Case:1 - 2022 Data (Private (Jur
Only))
Falcon Heights, -1 55113
Contact:Jack Linehan Phone:(651) 792-7611 E-Mail:jack.linehan@falconhei
ghts.org
The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information
from your pay equity report data. Parts II, III and IV give you the test results.
For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports.
I. GENERAL JOB CLASS INFORMATION
Male Classes Female Classes Balanced Classes All Job Classes
# Job Classes 6 3 0 9
# Employees 7 3 0 10
Avg. Max Monthly Pay per employee 7100.96 5787.20 6706.83
II. STATISTICAL ANALYSIS TEST
A. Underpayment Ratio = 0 *
Male Classes Female Classes
a. # At or above Predicted Pay 5 3
b. # Below Predicted Pay 1 0
c. TOTAL 6 3
d. % Below Predicted Pay (b divided by c = d)16.67 0.00
*(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.)
B. T-test Results
Degrees of Freedom (DF) = 8 Value of T = -4.405
a. Avg. diff. in pay from predicted pay for male jobs = 0
b. Avg. diff. in pay from predicted pay for female jobs = 443
III. SALARY RANGE TEST = 0.00 (Result is A divided by B)
A. Avg. # of years to max salary for male jobs = 0.00
B. Avg. # of years to max salary for female jobs = 0.00
IV. EXCEPTIONAL SERVICE PAY TEST = 50.00 (Result is B divided by A)
A. % of male classes receiving ESP = 66.67 *
B. % of female classes receiving ESP = 33.33
*(If 20% or less, test result will be 0.00)
Page 1 of 1 1/19/2023 9:09:29 AM
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Resignation of Shaun Curtin from the Parks and Recreation Commission
Description
Shaun Curtin was appointed in 2020 and has been a great addition to the
commission. Staff would like to thank Shaun for his commitment and time
while wishing him well in future endeavors.
Budget Impact N/A
Attachment(s) • Resolution 23-06 Resignation of Shaun Curtin from PARC
Action(s)
Requested
Staff recommend approval of attached resolution, accepting the resignation of
Shaun Curtin from the Parks and Recreation Commission.
Meeting Date January 25, 2023
Agenda Item Consent G6
Attachment Resolution 23-06
Submitted By Kelly Nelson, Assistant to the City
Administrator
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
January 25, 2023 No. 23-06 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- -- - - - -
RESOLUTION ACCEPTING THE RESIGNATION OF SHAUN CURTIN FROM THE FALCON HEIGHTS PARKS AND RECREATION COMMISSION
WHEREAS, the City appointed Shaun Curtin as a member of the City of Falcon Heights Parks and Recreation Commission in 2020; and WHEREAS, on January 6, 2023 Mr. Curtin communicated his intent to resign his duties from
the Commission effective immediately;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. That the resignation is accepted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator WEHYEE
WASSENBERG
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Appointment of Paula Mielke to the Parks and Recreation Commission
Description
City Staff and a current member of the Parks and Recreation Commission
interviewed Paula Mielke for the Parks and Recreation Commission. Paula
Mielke is a Falcon Heights resident who is active in the community and has
previously served on the Parks and Recreation Commission. She brings
valuable historical knowledge and a passion for helping the community.
Budget Impact N/A
Attachment(s) • Commission Application
• Resolution 23-07 Appointment of Paula Mielke to the Parks and
Recreation Commission
Action(s)
Requested
Staff recommends approval of attached resolution appointing Paula Mielke to
the Parks and Recreation Commission.
Meeting Date January 25, 2023
Agenda Item Consent G7
Attachment Application and Resolution 23-07
Submitted By Kelly Nelson, Assistant to the City
Administrator
From:Falcon Heights, MN
To:FH Mail
Subject:*NEW SUBMISSION* City Commission Application
Date:Friday, November 4, 2022 2:20:47 PM
Caution: This email originated outside our organization; please use caution.
City Commission Application
Submission #:2067264
IP Address:66.41.143.7
Submission Date:11/04/2022 2:20
Survey Time:9 minutes, 3 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Please complete form below. Starred items are required. Press submit button to complete your application.
Date and Time
11/04/2022 12:00 AM
Full Name
Paula Mielke
Full Address
1506 Crawford Avenue
How Long At Above Address?
3 years, been a resident of FH since 1990
In Which Capacity Would You Like to Serve?
Parks and Rec Commission. I served on this commission from roughly 2006 to 2008 - Tim was hired when I was on
the commission! We held our summer meetings in a park, rotating our meeting locations. We also did our own
assessment of the city parks. Two items we discussed adding to our Community Park were a pickle ball court and a
splash pad. We were ahead of our time!
What is the Reason You Would Like to Serve?
It saddened me to see how few times the commission met in 2022 due to lack of a quorum. A strong commission
that meets on a regularly is essential, especially when the city is making big decisions about our Community Park.
List Prior (Previous) Public Service
Served on Parks and Rec Commission roughly 2006-2008
Other Relevant Background (Other Comments)
Thank you,
Falcon Heights, MN
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 25, 2023
No. 23-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING PAULA MIELKE TO THE PARKS AND RECREATION
COMMISSION
WHEREAS, the Parks and Recreation Commission shall serve in an advisory capacity to the
City Council regarding the effective, meaningful and equal involvement of Falcon Heights
residents in their community.
WHEREAS, City Staff and a current Parks Commissioner have interviewed Paula Mielke and
recommend appointment to the Falcon Heights Parks and Recreation Commission.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota:
1. That the appointment of Paula Mielke to the Falcon Heights Parks and Recreation
Commission is approved and adopted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE
WASSENBERG
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Appointment of Eric Brenton to the Parks and Recreation Commission
Description
City Staff and a current member of the Parks and Recreation Commission
interviewed Eric Brenton for the Parks and Recreation Commission. Eric
Brenton is a newer resident of Falcon Heights and wants to become more
active in the community. Eric has event experience and his ideas and skillset
will be valuable in growing the City’s events over time.
Budget Impact N/A
Attachment(s) • Commission Application
• Resolution 23-08 Appointment of Eric Brenton to the Parks and
Recreation Commission
Action(s)
Requested
Staff recommends approval of attached resolution appointing Eric Brenton to
the Parks and Recreation Commission.
Meeting Date January 25, 2023
Agenda Item Consent G8
Attachment Application and Resolution 23-08
Submitted By Kelly Nelson, Assistant to the City
Administrator
From:Falcon Heights, MN
To:FH Mail
Subject:*NEW SUBMISSION* City Commission Application
Date:Friday, November 4, 2022 1:31:56 PM
Caution: This email originated outside our organization; please use caution.
City Commission Application
Submission #:2067128
IP Address:163.116.129.119
Submission Date:11/04/2022 1:31
Survey Time:25 minutes, 6 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Please complete form below. Starred items are required. Press submit button to complete your application.
Date and Time
11/04/2022 01:06 PM
Full Name
Eric Brenton
Full Address
1795 Simpson Street
How Long At Above Address?
less than one year
In Which Capacity Would You Like to Serve?
I would like to serve on the Parks and Recreation Commission.
What is the Reason You Would Like to Serve?
Having recently moved to Falcon Heights, buying our house this past June, I'm looking to get more involved with the
community and work to improve the lives of our residents. The Parks commission fits my skill set the best due to my
long background in events, arts, entertainment, and project management/coordination. I'm also an avid outdoors
person looking to directly help maintain and advocate for our public spaces be they our national parks or just a nice
open patch of grass for all to enjoy.
List Prior (Previous) Public Service
This would be my first municipal focused service as an adult. I volunteered in college on a student government
commission organization called SCOPE focused on producing concerts for the student population at the University
of Iowa. That work encompassed all aspects of event production, promotion, organization and execution, from
booking the concert all the way to its settlement and load out. I also served on a committee working to provide arts
career opportunities for youth in north Minneapolis.
Other Relevant Background (Other Comments)
As I've mentioned previously, my career path has been in the arts industry, only recently branching out into project
coordination at an engineering firm (HDR, Inc). I'm very comfortable with multifaceted problems and problem
solving with many stakeholders and tight deadlines. I'm also experienced working with tight budgets, scheduling and
having to adapt to quickly changing environments. Previous places I've worked include First Avenue, the Minnesota
Orchestra, and VStar Entertainment.
Thank you,
Falcon Heights, MN
This is an automated message generated by Granicus. Please do not reply directly to this email.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 25, 2023
No. 23-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING ERIC BRENTON TO THE PARKS AND RECREATION
COMMISSION
WHEREAS, the Parks and Recreation Commission shall serve in an advisory capacity to the
City Council regarding the effective, meaningful and equal involvement of Falcon Heights
residents in their community.
WHEREAS, City Staff and a current Parks Commissioner have interviewed Eric Brenton and
recommend appointment to the Falcon Heights Parks and Recreation Commission.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota:
1. That the appointment of Eric Brenton to the Falcon Heights Parks and Recreation
Commission is approved and adopted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE
WASSENBERG
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Department of Employment and Economic Development (DEED) Grant
Payment for the Amber Union Project
Description
The City and Buhl GTA, LP entered into a Sub-Grant Contract on April 22,
2020, which stated, in part, that the City (The Sub Grantor) would disburse
grant funds to Buhl GTA, LP (The Sub-Grantee) at the conclusion of the
project, in an amount not to exceed $151,774. The Sub-Grantor will disburse
funds in response to a written payment request submitted by the Sub-Grantee.
The Sub-Grantee must provide with its written payment request
documentation that shows grant-funded Project activities have actually been
completed. The Sub-Grantor will disburse the requested amount to the Sub-
Grantee within 60 days after receipt of funds from the Grantor.
Buhl Investors had requested the City provide DEED with a request for two
extensions for the Amber Union Project. The City requested the first extension
in September 2020 and was approved. The eligible cleanup was to begin by
May 31, 2021, but due to the complexity of the project and HUD delays, Buhl
Investors requested to extend the start date to August 1, 2021 with a payment
request to be submitted by September 1, 2021.
A second extension was requested by Buhl Investors and approved by Council
on April 28, 2021.
The project has since been completed. The City submitted final reimbursement
request amounts of $102,096.34 to DEED of grant eligible funds. Those were
approved and the City has received the check. In return, the City will pass this
amount to Buhl as the subgrant recipient.
Budget Impact Allocated fund for the Amber Union Affordable Housing Project.
Attachment(s) N/A
Action(s)
Requested
Motion to authorize the City Administrator to pay Buhl GTA, LP for the
Amber Union Project in the amount of $102,096.34.
Meeting Date January 25, 2023
Agenda Item Consent G9
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approval of Waiving Bid Requirements and Contracting with Landform
Professional Services LLC for ALTA Survey of Community Park
Description
As the City works towards the purchase of the Community Park property, one
requirement is to perform a survey of the property to define the new boundary
lines prior to any subdivision of the property.
This is a time-sensitive issue as we work towards a potential closing date.
Landform, who served recently as the City’s consulting planner, has a division
that does commercial surveying. As we have a relationship with the firm
already and they have an understanding of our efforts to purchase the park,
staff recommends approving the agreement without receiving the standard
multiple quotes to ensure that this process does not delay closing.
The cost to complete the survey is $9,350. An additional optional topography
and utilities survey was proposed as well for post-close at a price of $6,250. It is
recommended that we include the topography/utilities option as part of the
survey as preparation for future site construction.
Budget Impact Funds budgeted in the Capital Fund - 419
Attachment(s) • Proposal from Landform
Action(s)
Requested
Staff recommends the City Council motions to waive the formal bidding
requirements and approve the proposal from Landform for a survey of
Community Park.
Meeting Date January 25, 2023
Agenda Item Consent G10
Attachment Service Agreement
Submitted By Jack Linehan, City Administrator
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC.
January 18, 2023 Mr. Jack Linehan City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 jack.linehan@falconheights.org RE: Proposal for Community Park Property Split and Alta Survey 2050 Roselawn Avenue, Falcon Heights, Minnesota Landform Proposal No. P23010 Dear Mr. Linehan, Thank you for asking us to be a part of the team you are assembling for the Community Park Property Split and Alta Survey. Landform is pleased to submit this Proposal to provide Land Surveying Services for the above referenced project. It is our understanding that the project consists of preparing a Property Split Survey and Alta Survey certification, with Table A items 1, 2, 3, 4, 7(a), 7(b)(1), 8, 9, 11(a), 13, 16 and 17, for the purchase area. The site is located at 2050 Roselawn Avenue W, Falcon Heights, Minnesota. Landform is committed to client service and the interdisciplinary fully-integrated site design process that has come to be our signature. Our studios are client-focused, each tailoring their design and production processes to meet the needs of their particular market, client or project type. Our professional staff includes landscape architects, planners, urban designers, civil engineers and land surveyors. We offer you a SensiblyGreen® approach to your site design and development challenges from Site to Finish®. If you have any questions concerning this proposal or our services, please call me at 612-252-9070. We look forward to working with you. Sincerely, Landform Professional Services, LLC
Larry Huhn, LS Senior Surveyor COPY: File P23010 ENCL: Project Scope
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 2 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
Professional Services Proposal For City of Falcon Heights
COMMUNITY PARK PROPERTY SPLIT AND ALTA SURVEY
Falcon Heights, MN
PROJECT TEAM:
Client Manager: Darren Lazan, RLA* President Land Surveyor: Larry Huhn, LS*
* Indicated professional registrations are state-dependent; to obtain further information about our state licenses, please contact Human Resources at 612-252-9070
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 3 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
This fee Proposal is valid for 30 days from the creation date noted in the footer. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed.
TABLE OF CONTENTS
A. SCOPE OF SERVICES ............................................................................................................................................... 4
B. COMPENSATION ....................................................................................................................................................... 4
C. ASSUMPTIONS .......................................................................................................................................................... 6
D. EXCEPTIONS ............................................................................................................................................................. 6
E. FORM OF CONTRACT ............................................................................................................................................... 8
EXHIBIT A ............................................................................................................................................................................ 9
TABLE A ............................................................................................................................................................................ 10
SITE PLAN ......................................................................................................................................................................... 12
TERMS AND CONDITIONS ............................................................................................................................................... 13
OWNERSHIP AND USE OF DOCUMENTS:
Consultant’s drawings, Specifications, and other documents, including this Proposal, are instruments of Consultant’s services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. Any use or reuse of this Proposal other than its intended use will be considered infringement of Consultant’s reserved rights.
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 4 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services (“Basic Services”). Naturally, the scale and scope of our efforts depends upon a Client’s needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Property Split Survey [10]: Landform will: a) Prepare Property Split Survey. This Survey will include the following property located in Ramsey County, Minnesota with a Property Identification Number (PIN) of: 162923320057, 2050 Roselawn Avenue W, Falcon Heights, Minnesota. This Survey will consits of locating and monumenting the parcel boundary, show and monument the proposed split line and provide the proposed parcel description along with the remnant description. 2. ALTA Survey [11]: Landform will: a) Prepare ALTA/NSPS Land Title Survey for the purchase area. This Survey will include the northerly 940 feet of following property located in Ramsey County, Minnesota with a Property Identification Number (PIN) of: 162923320057, 2050 Roselawn Avenue W, Falcon Heights, Minnesota. This Survey will be made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. This Survey will be certified to the Client, the Client’s lending institution and the title company. This Survey will include items 1, 2, 3, 4, 7(a), 7(b)(1), 8, 9, 11(a), 13, 16 and 17 from Table A of the above referenced 2021 Minimum Standard Detail Requirements. Any recertification of this Survey at a later date will be an additional charge. The limits will extend 15 feet beyond the property boundary. B. COMPENSATION 1) The Basic Services described under the Scope of Services shall be completed on a fixed fee basis as detailed below: PHASE TASK BILL TYPE ASSOCIATED FEE Property Split Survey [10] Fixed Fee Survey $3,750 ALTA Survey [11] Fixed Fee ALTA/ACSM Land Title Survey $5,600
Total $9,350
PHASE TASK - OPTIONAL BILL TYPE ASSOCIATED FEE Add Topography & Utilities (Spring 2023) [10.01] Fixed Fee Survey $6,250
Total $6,250
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 5 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
2) Hourly phases will be billed on a rate schedule representing approximately 3.0 Direct Labor Multiplier (DLM) unless otherwise agreed in writing. 3) Additional Services, as defined in this agreement, will be billed on a rate schedule representing approximately 3.5 Direct Labor Multiplier (DLM), unless otherwise agreed in writing. Rate table is available upon request. 4) Standard Internal reimbursable expenses associated with prints, plots, scanning and mileage are included in our hourly rates. Deliverable plots and prints will be charged at internal rate. Internal reimbursable expenses are priced as follows: Mileage Based on current IRS rates† Plotting on Bond 0.50 per square foot Plotting on Vellum 1.10 per square foot Plotting on Mylar 2.50 per square foot Color Printing 1.00 for 8.5 x 11 2.50 for 8.5 x 14, 11 x 17 Foam Core 25.00 per sheet Scanning 1.50 per scan CD/DVD/Thumb drive 10.00 per cd/dvd/thumb drive †Trips to the site by the Survey Crew are not subject to mileage reimbursement A. Fuel price increase surcharge: Should retail fuel costs rise above $4.00 per gallon, Landform reserves the right to add a fuel surcharge equal to the amount of the increase plus overhead and profit. B. Winter Conditions: Unless otherwise specifically noted in this Proposal, any Services performed on-site by survey crews during the period December 1 through April 1 shall be subject to a Winter Conditions surcharge equal to 20 percent (20%) added to the hourly billing rates for the crew members applied to their time actually spent on-site. 5) External reimbursable expenses shall be billed at cost plus 15%. 6) Invoices will be sent once a month based on the phase percent complete through the date of billing. 7) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) service charge or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Service charges may be compounded. 8) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. 9) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 6 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
C. ASSUMPTIONS We have based the Proposal on the following assumptions and our understanding of your needs. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. Any assumptions that prove incorrect may result in Additional Service fees. 1. For the purposes of the ALTA Survey, a current title commitment must be provided by the Client along with copies of the recorded documents referenced in the Schedule B of that title commitment a minimum of one (1) week prior to the agreed upon delivery date of 3 weeks from notice to proceed. If the title work is not provided at the time specified above it should be assumed that the survey will cost more than necessary due to inefficiencies resulting from inadequate information. The ALTA Survey cannot be delivered, even in draft form, without complete title information. 2. This Proposal includes up to four (4) hours dedicated to the recovery of boundary corner monuments to properly establish the subject property’s boundary lines. This Proposal also assumes that at least two (2) of the subject property’s boundary corners are properly monumented and are in accordance with the legal description provided by the Client. If Landform is unable to locate at least two (2) boundary corner monuments or the monuments that are recovered conflict with the legal description provided, Landform will promptly notify the Client as additional fees may apply. 3. Reasonable care and effort will be made to locate all site features, however, no attempt will be made to excavate any site feature that is covered by earth, snow (6” or deeper), ice, concrete or paving of any kind for this survey. When necessary, a note will be placed on the face of the survey to indicate any such feature that could not be located or any such feature that was located to a precision less than that of the tolerance called for by the 2021 Minimum Standard Detail. Requirements for ALTA/NSPS Land Title Surveys. 4. This Proposal includes an ALTA Survey with up to four (4) hours dedicated to the review of a title commitment provided by the Client. If more than four (4) hours are required to research land title, Additional Services will result. 5. Upon completion of the ALTA Survey, Landform will email a pdf copy to the client and , if requested, up to six (6) signed copies to one of the following Client-requested recipients: the Client; the Client’s attorney; the Client’s closing agent; or the Client’s title company. If additional copies or a different delivery method is required please contact Landform as additional fees will apply. 6. The original ALTA Survey that is signed and emailed/mailed to the Client is deemed complete and accurate, however, in some cases the Client’s counsel or the purchasing party’s counsel will have objections to said survey. In such cases these objections must be submitted to Landform in writing. Landform will then have three (3) days to respond to these objections and/or make the requested revisions. In the event that these objections contain items outside of the original scope of work and/or require additional trips to the site, the Client will be notified as additional fees may apply. This Proposal fee allows for response to one (1) objection letter, provided the objections fall within the original scope of work and do not require additional trips to the site as noted above. D. EXCEPTIONS We have based this Proposal on the following exceptions. Any exceptions added to this scope will be presented as a request for Additional Services. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. 1. This Proposal includes an ALTA Survey with up to four (4) hours dedicated to establishing the boundary lines as described in the legal description provided to Landform and as further evidenced on the ground. If the
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 7 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
boundary, as evidenced on the ground, is vague or conflicts with adjoining parcels and/or the legal description of the subject property then Landform will notify the Client immediately as additional fees may be required to resolve such issues. 2. This Proposal does not include the resolution of issues resulting from conflicting legal descriptions, legal descriptions containing errors, or property encroachments. If such items are discovered during the course of this survey they will be noted on the map and the Client will be notified. 3. This Proposal includes the preparation of any legal descriptions that may be necessary to complete this project. 4. This Proposal does not include retaining subconsultants.
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 8 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
E. FORM OF CONTRACT Landform continually strives towards ways of reducing our impact on the environment. Therefore, we are submitting this Proposal to you electronically only. Please print only the signature page, sign, and return the signed page by email, fax or mail as written authorization to proceed. If your company’s policy requires hardcopy originals, please contact us to request that hardcopy originals be mailed to your address. A faxed or emailed copy of a signature is as binding as an original. You may also incorporate this Proposal into your standard contract form but, even if we subsequently sign your contract form, in the event of any conflict or inconsistency between this Proposal and Client’s standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Professional Services. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, including the attached Terms and Conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached Terms and Conditions are incorporated by reference and are an integral component of this Proposal.
Landform Professional Services, LLC agrees to perform the Services described in this Proposal under the terms outlined.
The following party accepts the scope, terms and conditions outlined in this Proposal and instructs Landform Professional Services, LLC to proceed with the Services as outlined.
City of Falcon Heights
Larry Huhn, LS Signed
Senior Surveyor
January 18, 2023
Date Title
Landform Federal Tax ID: 27-1199905 Date
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 9 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
EXHIBIT A To (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client): This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes items 1, 2, 3, 4, 7(a), 7(b)(1), 8, 9, 11(a), 13, 16 and 17 from Table A thereof. The field work was completed on ___________. Date of Plat or Map:_____ _________________________ By: Larry Huhn, LS Minnesota License No. 24332 Dated: XX-XX-XXXX For: Landform Professional Services, LLC 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 612.252.9070
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 10 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above)
1. ☒ Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner.
2. ☒ Address(es) of the surveyed property if disclosed in
documents provided to or obtained by the surveyor, or observed while conducting the fieldwork.
3. ☒ Flood zone classification (with proper annotation
based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. ☒ Gross land area (and other areas if specified by the client). 5. ☐ Vertical relief with the source of information (e.g.,
ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. ☐ (a) If set forth in a zoning report or letter provided to
the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. ☐ (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter.
7. ☒ (a) Exterior dimensions of all buildings at ground
level. (b) Square footage of: ☒ (1) exterior footprint of all buildings at ground level.
☐ (2) other areas as specified by the client.
☐ (c) Measured height of all buildings above grade at a
location specified by the client. If no location is specified, the point of measurement shall be identified. 8. ☒ Substantial features observed in the process of
conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).
9. ☒ Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface
parking areas and lots. 10. ☐ As designated by the client, a determination of the
relationship and location of certain division or party walls with respect to adjoining properties. (client to obtain necessary permissions). 11. Evidence of underground utilities existing on or serving the surveyed property (in addition to the observed evidence of utilities required pursuant to Section 5.E.iv.) as determined by:
☒ (a) plans and/or reports provided by client (with reference as to the sources of information)
☐ (b) markings coordinated by the surveyor pursuant to a private utility locate request Note to the client, insurer, and lender - With regard to Table A, item 11, information from the sources checked above will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation may be necessary.
12. ☐ As specified by the client, Governmental Agency survey-related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. ☒ Names of adjoining owners according to current tax records. If more than one owner, identify the first owner’s name listed in the tax records followed by “et al.” 14. ☐ As specified by the client, distance to the nearest intersecting street.
15. ☐ Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 11 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. ☒ Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. ☒ Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. ☐ Pursuant to Sections 5 and 6 (and applicable selected Table A items, excluding Table A item 1), include as part of the survey any plottable offsite (i.e., appurtenant) easements disclosed in documents provided to or obtained by the surveyor.
19. ☐ Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $1 million to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map.
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 12 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
SITE PLAN
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 13 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
TERMS AND CONDITIONS
1.0 CONSULTANT'S SERVICES. Consultant shall perform the services identified in this Proposal and no others unless otherwise agreed and unless Consultant is paid additional compensation in accordance with this Proposal.
1.1 STANDARD OF CARE. Consultant's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by the Consultant. ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS PROPOSAL OR OTHERWISE, IN CONNECTION WITH THE CONSULTANT'S SERVICES ARE EXPRESSLY DISCLAIMED.
1.2 SCHEDULE. Time limits established by the schedule identified in the Proposal shall not, except for reasonable cause, be exceeded by Consultant or Client. Consultant’s compensation shall be equitably adjusted in the event of delays caused by Client, Client’s other consultants, or Client’s agents. Fees quoted in the Proposal shall be adjusted if services do not commence within 90 days after the date of the Proposal.
1.3 LIMITATIONS UPON AND EXCLUSIONS FROM RESPONSIBILITY DURING CONSTRUCTION: Whether or not the Consultant provides services during construction: (1) The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (2) The Consultant shall not have control over, or charge of, and shall not be responsible for: construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, including compliance with State or Federal OSHA requirements. (3) To the fullest extent permitted by law, Client shall defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to the failure of the Work to conform to the Drawings and Specifications.
2.0 ADDITIONAL SERVICES. In addition to any other Additional Services listed in the Proposal, the following services are excluded from Basic Services and Client shall compensate Consultant for such services, in addition to compensation for Basic Services: (1) Making revisions in Drawings and Specifications or other documents or services (including restaking) when such revisions are (a) inconsistent with approvals, information or instructions previously given, (b) the result of adjustments in Client's requirements, (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of such documents, (d) required by the failure of Client or Client's consultants to render decisions or to provide necessary information in a timely manner, (e) imposed by municipal or other authorities as a condition for approval of a project, unless the Drawings, Specifications or other documents clearly were not in compliance with applicable law when submitted for approval, or (f) due to or causes not solely within control of Consultant; (2) Providing any Construction Administration Phase services unless otherwise specified in the Proposal; (3) Providing any services excluded from the Scope of Services identified in the Proposal: (4) Providing any other services not otherwise expressly included in this Proposal.
3.0 CLIENT'S REPRESENTATIONS AND RESPONSIBILITIES. Client at its expense shall promptly provide full information and requirements for the Project, including but not limited to all information in Client’s possession or otherwise available to Client, Client’s consultants, or Client’s agents relating to: the design, construction, and actual or intended use of the Project; as-built information regarding existing structures and improvements; existing surveys describing physical characteristics, legal limitations and utility locations for the site of Project; existing soils information and professional recommendations of soils (geotechnical) engineers; mechanical, electrical, plumbing, structural, and (unless otherwise stated in the Proposal) architectural design for the Project; and all other information reasonably requested by Consultant. Consultant shall be entitled to rely upon the accuracy and completeness of all information furnished by Client. Client shall provide information, render decisions, and make approvals promptly. Client shall retain a qualified Contractor to construct the Project. The person signing this agreement on behalf of Client represents and warrants that Client either owns fee title to, or has the legal right to direct Consultant to perform services in connection with, the site of the Project and that there is presently nothing to prevent Consultant from filing a lien against the site of the Project.
4.0 OWNERSHIP AND USE OF DOCUMENTS. Consultant’s Drawings, Specifications, and other documents (including CAD files or other information on electronic media) as well as substantially similar and/or derivative documents prepared by using or copying Consultant’s intellectual property (collectively referred to as “Documents”), are instruments of Consultant's service for use solely with respect to this Project. Consultant is the author of these Documents and retains all common law, statutory and/ or reserved rights, including copyright. The Documents may not be used on other projects, for addition to this Project or for completion of this Project by others. Client has a royalty-free license to use the Documents for the Project at its current location only. Such license is subject to the express conditions that (a) Client is not in breach of its payment obligations and (b) Consultant is involved in the Project. If either of these conditions cease to exist, Client's license to use the Documents shall immediately terminate without further notice. Submission or distribution of the Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant, as long as Client is not in breach of the Contract. Any use or reuse of Documents will be at the Consultant’s sole discretion and at the Client's sole risk. The Documents are intended to work only on Consultant's computer system. The Consultant makes no representation as to the compatibility of the Documents with other systems. No person other than Client may use or rely upon any Documents, except to the extent Consultant gives written permission in each instance.
5.0 DISPUTE RESOLUTION, GOVERNING LAW. Any claim, dispute or other matter in question arising out of or relating to this Proposal or breach thereof ("Claim") in which the aggregate amount in controversy exclusive of interest, attorneys’ fees and costs, is less than or equal to $100,000 shall be decided by binding arbitration in Minneapolis in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on any award by the arbitrator(s) shall be enforceable in any court having jurisdiction. Any Claim in which the aggregate amount in controversy, exclusive of interest, attorneys’ fees and costs, is greater than $100,000 shall be resolved by litigation in the State or Federal Court located within Hennepin County, Minnesota. Consultant and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to this Proposal. The parties waive trial by jury. This Proposal shall be governed by Minnesota law, without regard to conflicts of law principles.
6.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days’ written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. Such termination shall not affect the parties’ accrued rights and liabilities as of the date of termination. Without limiting the generality of the foregoing, paragraphs 1.1, 1.3, 4.0, 5.0, 7.0, 8.0, and 10.0 of these Terms and Conditions shall survive any cancellation, expiration, or termination of this Proposal.
Proposal to Jack Linehan, City Administrator, City of Falcon Heights 14 P23010 – Community Park Property Split and Alta Survey in Falcon Heights, MN January 18, 2023
7.0 MISCELLANEOUS PROVISIONS. (1) Services will be performed based upon limited investigations and no destructive or invasive testing techniques will be employed, unless otherwise agreed in writing. (2) The Client and Consultant have discussed the risks, rewards, and benefits of the Project and Consultant's total fee for its services. The risks have been allocated such that to the fullest extent permitted by law, and for Client to receive the benefit of a fee which includes a reasonable allowance for risks, CONSULTANT'S TOTAL LIABILITY TO CLIENT FOR ANY LOSS, CLAIM OR DAMAGE ARISING OUT OF THE NEGLIGENCE OR OTHER LEGAL FAULT OF CONSULTANT IN PERFORMING ITS SERVICES SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT STATED IN THIS PROPOSAL AS COMPENSATION FOR CONSULTANT'S BASIC SERVICES, OR (II) THE LIMITS OF ANY INSURANCE ACTUALLY AVAILABLE TO THE CONSULTANT. Client may eliminate this limitation on liability by notifying Consultant in writing prior to commencement of Consultant's services and tendering, with such written notice, a one-time payment equal to twenty percent (20%) of the amount identified in the Proposal as the Consultant’s Basic Compensation. This increased compensation is not the purchase of insurance. (3) In no event shall Consultant be liable for damages for loss of profits, loss of use, loss of revenue, or any or special, indirect or consequential damages of any kind. (4) This Proposal represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. (5) This Proposal may be amended by written instrument signed by both Client and Consultant or, in the case of Additional Services, by a written confirmation from Consultant to which Client does not object within ten (10) working days.
8.0. PAYMENTS TO CONSULTANT. Payments are due upon presentation of Consultant's invoices.
8.1 NOTICE OF LIEN RIGHTS. (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
9.0 BASIS OF COMPENSATION. Client shall compensate Consultant as set forth in the Proposal. AN ESTIMATED FEE IS NOT A FIRM FIGURE. If the scope of or schedule for Consultant's Services is changed materially, the compensation shall be equitably adjusted. Rates and multiples for Additional Services and other services as set forth in the Proposal shall be adjusted annually in accordance with normal salary review practices of Consultant. For Additional Services of Consultant compensation shall be an hourly rate as defined in the Proposal plus reimbursable expenses; or, if agreed by Client and Consultant in writing, a lump sum amount. For additional services of Consultant's consultants, compensation will be 1.0 times the amount billed to Consultant for such services, plus reimbursable expenses. For reimbursable expenses, the Consultant shall be compensated for out-of-pocket expenditures incurred in connection with the services identified in this Proposal, based on 1.0 times actual costs incurred. In addition to other expenses, Consultant will be reimbursed for any applicable sales, use, or similar taxes related to services or products provided under this Proposal which may be imposed by any governmental entity.
10.0 DELAYED PAYMENT; PAYMENT DISPUTES.
10.1 CONDITIONS PRECEDENT TO WITHHOLDING PAYMENT. The Client may not withhold any payments to the Consultant unless the basis of (including all particulars) and amount in dispute are identified and presented in writing to the Consultant not later than the twenty-fifth (25th) calendar day after presentation of the disputed invoice. Objections to invoices not made within this time period are deemed waived. Unless Client proceeds in accordance with this Section 10.1, Client's failure to pay any invoice (either on the Project which is the subject of this proposal or in connection with any other project for which Consultant is providing services to Client) within thirty (30) calendar days after presentation of Consultant’s invoice shall constitute just cause for the suspension of services on all projects and the withholding of all deliverables on all projects by the Consultant. Client will pay all of Consultant’s costs of collection, including: internal labor costs at the Additional Services rate; reasonable attorneys' fees; and litigation and arbitration costs and fees, in the event Client fails to make timely payment to Consultant in violation of this contract. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses.
10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. In consideration of Consultant’s providing insurance to cover claims made by Client, Client hereby waives any right of offset as to fees otherwise due to Consultant. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant’s services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have become aware, of the existence of such error or omission. Consultant shall be given a reasonable opportunity, during such 60-day period, to investigate and recommend ways of mitigating any alleged damages. Client’s failure to provide such notice, and/or Client’s failure to provide Consultant a reasonable opportunity to investigate and make recommendations, within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant’s: internal labor costs at the Additional Services rate; reasonable attorneys’ fees; expenses; and arbitration and litigation costs incurred in investigating and defending such claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses.
10.3 ERRORS OR OMISSIONS OF CLIENT’S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law to defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to protect Client and Consultant from loss.
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Approve Delegated Contract Process (DCP) Agreement with the Minnesota
Department of Transportation (MnDOT) for Federal Aid Funds
Description
The DCP Agreement allows MnDOT to act as an agent for the City of Falcon
Heights to accept federal aid funding on the City’s behalf. Pursuant to
Minnesota Stat. Sec. 161.36, the Commissioner of Transportation must be
appointed as Agent of the City of Roseville to accept, as its agent, federal aid
funds which may be made available for eligible transportation related projects.
MnDOT may, as required by the Federal Highway Administration (FHWA),
review the project to ensure it meets requirements for federal funding.
No projects are currently identified for federal aid funding, but if a project is
identified for federal aid funding in the future, having this agreement in place
will streamline the process for project approval and funding.
MnDOT has requested an updated to the DCP Agreement between MnDOT
and Falcon Heights, which is included as an attachment. The updated
agreement adds “Buy America,” Title IV, and other modifications to comply
with current federal law and process.
The agreement has no expiration, but may be terminated by either party with a
30-day notice.
A resolution approving the agreement is attached.
Budget Impact There are no budget impacts.
Attachment(s) • Resolution
• DCP Agreement
Action(s)
Requested
Consider Resolution Approving Delegated Contract Process Agreement with
the Minnesota Department of Transportation for Federal Aid Funds.
Meeting Date January 25, 2023
Agenda Item G11
Attachment Resolution, DCP Agreement
Submitted By Stephanie Smith, Interim City
Engineer
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 25, 2023
No. 23-09
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RESOLUTION NO.
RESOLUTION APPROVING DELEGATED CONTRACT PROCESS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID FUNDS WHEREAS, a Delegated Contract Process (DCP) will allow the Minnesota Department of
Transportation (MnDOT) to act as an agent for Falcon Heights to accept Federal Aid funds; and
WHEREAS, MnDOT has requested Falcon Heights enter into an updated agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Falcon Heights,
Minnesota, that pursuant to Minnesota Stat. Sec. 161.36, the commissioner of Transportation be
appointed as Agent of the City of Falcon Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Clerk are hereby authorized and
directed for and on behalf of the City of Falcon Heights to execute and enter into an agreement
with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1052119”, a copy of which said agreement was before the City Council and which is made a part hereof by reference.
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Moved by: Approved by:
Randy Gustafson
Mayor
January 25, 2023
GUSTAFSON ____ In Favor Attested by:
LEEHY Jack Linehan
MEYER ____ Against City Administrator
WASSENBERG January 25, 2023
WEHYEE
MnDOT Contract No. 1052119
Updated November 7, 2022 1
STATE OF MINNESOTA
AGENCY AGREEMENT
for
FEDERAL PARTICIPATION IN CONSTRUCTION
This Agreement is entered into by and between City of Falcon Heights (“Local Government”) and the State of Minnesota
acting through its Commissioner of Transportation (“MnDOT”).
RECITALS
1. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local
Government’s agent in accepting federal funds on the Local Government’s behalf for the construction,
improvement, or enhancement of transportation financed either in whole or in part by Federal Highway
Administration (“FHWA”) federal funds, hereinafter referred to as the “Project(s)”; and
2. This Agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has
no specific State Project number associated with it, and
2.1. The Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation
ALN as listed on SAM.gov and
2.2. This project is for construction, not research and development.
2.3. MnDOT requires that the terms and conditions of this agency be set forth in an agreement.
AGREEMENT TERMS
1. Term of Agreement; Prior Agreement
1.1. Effective Date. This Agreement will be effective on the date that MnDOT obtains all required signatures
under Minn. Stat. §16C.05, Subd. 2. This Agreement will remain effective until it is superseded or
terminated pursuant to section 14.
2. Local Government’s Duties
2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds on its
behalf made available for the Project(s). Details on the required processes and procedures are available on
the State Aid Website.
2.2. Staffing.
2.2.1. The Local Government will furnish and assign a publicly employed and licensed engineer, (“Project
Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be
performed under any construction contract let for the Project(s). In the alternative, where the Local
Government elects to use a private consultant for construction engineering services, the Local
Government will provide a qualified, full‐time public employee of the Local Government to be in
responsible charge of the Project(s). The services of the Local Government to be performed hereunder
may not be assigned, sublet, or transferred unless the Local Government is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This
written consent will in no way relieve the Local Government from its primary responsibility for
performance of the work.
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2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project
Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to
Minnesota Statutes Section 161.39. Such services may be covered by other technical service
agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then
the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full
cost and expense of furnishing such services. The costs and expenses will include the current MnDOT
labor additives and overhead rates, subject to adjustment based on actual direct costs that have been
verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co‐
principal with respect to the Project(s).
2.3. Pre‐letting. The Local Government will prepare construction contracts in accordance with Minnesota law
and applicable Federal laws and regulations.
2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA
has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will
not be eligible for federal reimbursement.
2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction
contract, which will include all federal‐aid provisions supplied by MnDOT.
2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by
state and federal laws. The Local Government will include in the solicitation the required language for
federal‐aid construction contracts as supplied by MnDOT. The solicitation will state where the
proposals, plans, and specifications are available for the inspection of prospective bidders and where
the Local Government will receive the sealed bids.
2.3.4. The Local Government may not include other work in the construction contract for the authorized
Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA.
Failure to obtain such notification may result in the loss of some or all of the federal funds for the
Project(s). All work included in a federal contract is subject to the same federal requirements as the
federal project.
2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and
distribute any addenda, if needed.
2.3.6. The Local Government will receive and open bids.
2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the
lowest responsible bidder or reject all bids. If the construction contract contains a goal for
Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has
received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office
of Civil Rights.
2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal
awarding agency or MnDOT in accordance with applicable FHWA policy.
2.4. Contract Administration.
2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible
bidder, hereinafter referred to as the “Contractor,” in accordance with the special provisions and the
latest edition of MnDOT’s Standard Specifications for Construction when the contract is awarded and
all amendments thereto. All contracts between the Local Government and third parties or
subcontractors must contain all applicable provisions of this Agreement, including the applicable
federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative
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Requirements, Cost Principles and Audit Requirements for Federal Awards, and as identified in Section
18 of this Agreement.
2.4.2. The Project(s) will be constructed in accordance with the plans, special provisions, and standard
specifications of each Project. The standard specifications will be the latest edition of MnDOT
Standard Specifications for Highway Construction and all amendments thereto. The plans, special
provisions, and standard specifications will be on file at the Local Government Engineer’s Office. The
plans, special provisions, and specifications are incorporated into this Agreement by reference as
though fully set forth herein.
2.4.3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to
properly supervise, inspect, and document the work for the Project(s). The services of the Local
Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local
Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23
CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its
primary responsibility for performance of the work.
2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the
Construction Section of the Electronic State Aid Manual that are in effect at the time the work was
performed.
2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in
effect at the time each Project was let. The Local Government will notify MnDOT when work is in
progress on the Project(s) that requires observation by the Independent Assurance Inspector, as
required by the Independent Assurance Schedule.
2.4.6. The Local Government may make changes in the plans or the character of the work, as may be
necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The
Local Government will not be reimbursed for any costs of any work performed under a change order
unless MnDOT has notified the Local Government that the subject work is eligible for federal funds
and sufficient federal funds are available.
2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of
federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain
such approval may result in such costs being disallowed for reimbursement.
2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal
requirements and to enable MnDOT to collect the federal aid sought by the Local Government.
Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist,
available from MnDOT’s authorized representative. The Local Government will retain all records and
reports and allow MnDOT or the FHWA access to such records and reports for six years.
2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be
accepted.
2.5. Limitations.
2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and
regulations.
2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota
that no person in the United States will, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate
for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination
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include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been
extended to cover all programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not. Even in the absence of
prior discriminatory practice or usage, a recipient in administering a program or activity to which this
part applies is expected to take affirmative action to assure that no person is excluded from
participation in, or is denied the benefits of, the program or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the
above requirements.
2.5.3. Utilities. The Local Government 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 23 CFR 645 “Utilities”, which is incorporated herein by reference.
2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any
facility constructed or improved under this Agreement.
3. MnDOT’s Duties
3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement
of federal funds and will act in accordance herewith.
3.2. Project Activities.
3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the
Project(s) and for reimbursement of eligible costs pursuant to the terms of this Agreement.
3.2.2. MnDOT will provide to the Local Government copies of the required Federal‐aid clauses to be included
in the bid solicitation and will provide the required Federal‐aid provisions to be included in the Proposal
for Highway Construction.
3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification
is complete. If certification of DBE participation (or good faith efforts to achieve such participation)
cannot be obtained, then Local Government must decide whether to proceed with awarding the
contract. Failure to obtain such certification will result in the Project becoming ineligible for federal
assistance, and the Local Government must make up any shortfall.
3.2.4. MnDOT will provide the required labor postings.
3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s)
was not completed in compliance with federal requirements.
3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will
have the right to audit, evaluate and monitor the work performed under this Agreement. The Local
Government will make all books, records, and documents pertaining to the work hereunder available for a
minimum of six years following the closing of the construction contract.
4. Time
4.1. The Local Government must comply with all time requirements described in this Agreement. In the
performance of this Agreement, time is of the essence.
4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the
date defined in the federal financial system or federal agreement (“end date”). No work completed after
the end date will be eligible for federal funding. Local Government must submit all contract close out
paperwork to MnDOT at least twenty‐four months prior to the end date.
5. Payment
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5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by
other funds provided by the Local Government. The Local Government will pay any part of the cost or
expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid
by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will
reimburse the Local Government, from said federal funds made available to each Project, for each partial
payment request, subject to the availability and limits of those funds.
5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect
costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed
will be used on a provisional basis. At any time during the period of performance or the final audit of a
Project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part
200. MnDOT may adjust associated reimbursements accordingly.
5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following
certification of the partial estimate, the Local Government will make partial payments to the Contractor in
accordance with the terms of the construction contract for the Project(s).
5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for
costs eligible for federal funds. The Local Government’s request will be made to MnDOT and will
include a copy of the certified partial estimate.
5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance
with the terms of the construction contract for the Project(s). The Project Engineer will certify the
final estimate. Following certification of the final estimate, the Local Government will make the final
payment to the Contractor in accordance with the terms of the construction contract for the
Project(s).
5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for
costs eligible for federal funds. The Local Government’s request will be made to MnDOT and will
include a copy of the certified final estimate along with the required records.
5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and
state eligibility of all payment requests. If the Project is found to have been completed in accordance
with the plans and specifications, MnDOT will promptly release any remaining federal funds due the
Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid,
the Local Government must promptly return any excess funds.
5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source,
or funding cannot be continued at a sufficient level to allow for the processing of the federal aid
reimbursement requests, the Local Government may continue the work with local funds only, until
such time as MnDOT is able to process the federal aid reimbursement requests.
5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this Agreement
must comply with 2 CFR 200.306.
5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is
responsible for compliance with all federal requirements imposed on these funds and accepts full financial
responsibility for failure to comply with any federal requirements including, but not limited to, 2 CFR Part
200. If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local
Government, or in the event the total amount of federal funds is not available, the Local Government will be
responsible for any and all costs or expenses incurred under this Agreement. The Local Government further
agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered
by this Agreement in the event the federal government does not pay the same.
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5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each
Project and submit all financial, performance, and other reports as required by the terms of this Agreement
and the Federal award at least twenty‐four months prior to the end date of the period of performance for
each Project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final
payment approval. If a closeout audit is required, final payment will be held until the audit has been
completed. Monitoring of any capital assets acquired with funds will continue following project closeout.
6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to
MnDOT’s satisfaction, as determined at the sole discretion of MnDOT’s Authorized Representative, and in
accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local
Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of
federal, state, or local law.
7. Authorized Representatives
7.1. MnDOT's Authorized Representative is:
Name: Kristine Elwood, or her successor.
Title: State Aid Engineer
Phone: 651‐366‐4831
Email: Kristine.elwood@state.mn.us
MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and
the authority to accept the services provided under this Agreement. If the services are satisfactory,
MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment.
7.2. The Local Government’s Authorized Representative is:
Name: Jesse Freihammer or their successor.
Title: Falcon Heights City Engineer
Phone: 651‐792‐7042
Email: jesse.freihammer@cityofroseville.com
If the Local Government’s Authorized Representative changes at any time during this Agreement, the Local
Government will immediately notify MnDOT.
8. Assignment Amendments, Waiver, and Agreement Complete
8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this
Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Agreement, or their successors
in office.
8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original agreement, or
their successors in office.
8.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision
or MnDOT’s right to subsequently enforce it.
8.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the
Local Government. No other understanding regarding this Agreement, whether written or oral, may be used
to bind either party.
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8.5. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid or
unenforceable to any extent, the remainder of the Agreement, including all material provisions and the
application of such provisions, will not be affected and will be enforceable to the greatest extent permitted
by the law.
8.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using
electronic signatures and converting original documents to electronic records.
8.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or
debarred from receiving federal or state awards.
9. Liability and Claims
9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent
authorized by law and will not be responsible for the acts and omissions of any others and the results
thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability.
9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent
for acceptance and disbursement of federal funds, and not as a principal or co‐principal with respect to the
Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project
including, without limitation, claims related to contractor selection (including the solicitation, evaluation,
and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any
ultra vires acts. To the extent permitted by law, the Local Government will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs
arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The
Local Government’s indemnification obligation extends to any actions related to the certification of DBE
participation, even if such actions are recommended by MnDOT.
10. Audits
10.1. Under Minn. Stat. § 16C.05, Subd.5, the books, records, documents, and accounting procedures and
practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject
to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of
six years from the end of this Agreement, receipt and approval of all final reports, or the required period of
time to satisfy all state and program retention requirements, whichever is later. The Local Government will
take timely and appropriate action on all deficiencies identified by an audit.
10.2. All requests for reimbursement are subject to audit, at MnDOT’s discretion. The cost principles outlined in 2
CFR 200.400‐.476 will be used to determine whether costs are eligible for reimbursement under this
Agreement.
10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government’s fiscal year,
the Local Government must have a single audit or program specific audit conducted in accordance with 2
CFR Part 200.
11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this Agreement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local
Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
referred to in this clause by either the Local Government or MnDOT.
12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd.
2, pertaining to workers’ compensation insurance coverage. The Local Government’s employees and agents will
not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers’ Compensation
Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission
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on the part of these employees are in no way MnDOT’s obligation or responsibility.
13. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice‐of‐law provisions, governs
this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
14. Termination; Suspension
14.1. Termination by MnDOT. MnDOT may terminate this Agreement with or without cause, upon 30 days
written notice to the Local Government. Upon termination, the Local Government will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed.
14.2. Termination for Cause. MnDOT may immediately terminate this Agreement if MnDOT finds that there has
been a failure to comply with the provisions of this Agreement, that reasonable progress has not been
made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a
criminal offense relating to a state agreement, or that the purposes for which the funds were granted have
not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota,
including the refusal to disburse additional funds and/or requiring the return of all or part of the funds
already disbursed.
14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this Agreement if:
14.3.1. It does not obtain funding from the Minnesota Legislature; or
14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered
here. Termination must be by written or fax notice to the Local Government. MnDOT is not
obligated to pay for any services that are provided after notice and effective date of termination.
However, the Local Government will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed
any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or
other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of
the lack of funding within a reasonable time of MnDOT’s receiving that notice.
14.4. Suspension. MnDOT may immediately suspend this Agreement in the event of a total or partial government
shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the
Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of
non‐payment.
15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents
to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax
identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved
in the payment of state obligations. These identification numbers may be used in the enforcement of federal and
state tax laws which could result in action requiring the Local Government to file state tax returns and pay
delinquent state tax liabilities, if any.
16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to
compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however
organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction
applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a
subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government
from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s
contract award on this Project.
17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions
of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or
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any county, city, town, township, school, school district or any other district in the state, for materials, supplies or
construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor
for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or
vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the
United States or resident aliens who are qualified and available to perform the work to which the employment
relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or
intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being
hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on
account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may
be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or
any other person authorized to contracts for employment, and all money due, or to become due under the
contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.
18. Federal Contract Clauses
18.1. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal
requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and
third‐party contractors, as applicable. In addition, the Local Government shall have the same meaning as
“Contractor” in the federal requirements listed below.
18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non‐Federal entity including the manner by which it will be effected and the basis for settlement.
18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of “federally assisted construction contract” in 41 CFR Part 60‐1.3 must
include the equal opportunity clause provided under 41 CFR 60‐1.4(b), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964‐1965 Comp.,
p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
18.1.4. Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non‐Federal entities must include a
provision for compliance with the Davis‐Bacon Act (40 U.S.C. 3141‐3144, and 3146‐3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non‐Federal
entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non‐Federal entity must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
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Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The non‐Federal entity must
report all suspected or reported violations to the Federal awarding agency.
18.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701‐3708). Where applicable, all
contracts awarded by the non‐Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic
rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
18.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter
into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
18.1.7. Clean Air Act (42 U.S.C. 7401‐7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251‐
1387), as amended ‐ Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non‐Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401‐7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251‐1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
18.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) ‐ A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
18.1.9. Byrd Anti‐Lobbying Amendment (31 U.S.C. 1352) ‐ Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non‐Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non‐Federal award.
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18.1.10. Local Government will comply with 2 CFR § 200.323.
18.1.11. Local Government will comply with 2 CFR § 200.216.
18.1.12. Local Government will comply with 2 CFR § 200.322.
18.2. Drug‐Free Workplace. The Local Government will comply with the Drug‐Free Workplace requirements
under subpart B of 49 C.F.R. Part 32.
18.3. Title VI/Non‐discrimination Assurances. The Local Government hereby agrees that, as a condition of
receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324,
Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and
applicable regulatory requirements to the end that no person in the United States shall, on the grounds of
race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under any program or activity for which the Local
Government receives Federal financial assistance.
The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non‐
Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E,
which can be found at: https://edocs‐
public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are
included in any contract, the Local Government will ensure the appendices and solicitation language within
the assurances are inserted into contracts as required. State may conduct a review of the Local
Government’s compliance with this provision. The Local Government must cooperate with State
throughout the review process by supplying all requested information and documentation to State, making
Local Government staff and officials available for meetings as requested, and correcting any areas of non‐
compliance as determined by State.
18.4. Buy America. The Local Government must comply with the Buy America domestic preferences contained
in the Build America, Buy America Act (Sections 70901‐52 of the Infrastructure Investment and Jobs
Act, Public Law 117‐58) and as implemented by US DOT operating agencies.
18.5. Federal Funding Accountability and Transparency Act (FFATA)
18.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded
in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible
for ensuring that all applicable requirements, including but not limited to those set forth herein, of
FFATA are met and that the Local Government provides information to the MnDOT as required.
a. Reporting of Total Compensation of the Local Government’s Executives.
b. The Local Government shall report the names and total compensation of each of its five most
highly compensated executives for the Local Government’s preceding completed fiscal year, if
in the Local Government’s preceding fiscal year it received:
i. 80 percent or more of the Local Government’s annual gross revenues from Federal
procurement contracts and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts), and Federal financial assistance subject to the Transparency Act (and
subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
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Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue
Code of 1986. (To determine if the public has access to the compensation information,
see the U.S. Security and Exchange Commission total compensation filings at
https://www.sec.gov/answers/execomp.htm).
Executive means officers, managing partners, or any other employees in management
positions.
c. Total compensation means the cash and noncash dollar value earned by the executive during
the Local Government’s preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non‐equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor
of executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above‐market earnings on deferred compensation which is not tax qualified.
18.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
18.5.3. The Local Government must report executive total compensation described above to the MnDOT
by the end of the month during which this Agreement is awarded.
18.5.4. The Local Government will obtain a Unique Entity Identifier number and maintain this number for
the term of this Agreement. This number shall be provided to MnDOT on the plan review checklist
submitted with the plans for each Project.
18.5.5. The Local Government’s failure to comply with the above requirements is a material breach of this
Agreement for which the MnDOT may terminate this Agreement for cause. The MnDOT will not be
obligated to pay any outstanding invoice received from the Local Government unless and until the
Local Government is in full compliance with the above requirements.
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City of Falcon Heights
Local Government certifies that the appropriate
person(s) have executed the contract on behalf of the
Local Government as required by applicable articles,
bylaws, resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
COMMISSIONER OF ADMINISTRATION
By:
Date:
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