The URL can be used to link to this page

Home My WebLink AboutCCAgen_06Oct25CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA October 25, 2006 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ ____ KUETTEL ____ HARRIS ____ LINDSTROM ____ TALBOT _____ MILLER _____ KREUSER_____ C. PRESENTATION: 1. Recognition of Falcon Heights residents graduating from St. Anthony Police Department 2006 Citizens Academy D. APPROVAL OF MINUTES: October 11, 2006 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General disbursements through 10/19/06: $105,998.51 Payroll through 10/15/06: $13,950.53 TAB 2 2. Approval of License T A B 3 3. Accept resignation of Greg Hoag, Parks and Public Works Director TAB 4 4. Approval of Melanie Leehy to the Neighborhood Commission TAB 5 5. Close Out Fund 315 (1993 TIF Refinancing Bond) and Transfer the remaining balance in the fund to Fund 413 (TIF District 2-1) TAB 6 6. Increase the Community Development Special Revenue Fund (Fund 208) “Other Professional Services” line item to reflect the unplanned and unbudgeted expenses associated with the “Drive Thru” Zoning and Planning Study T A B 7 7. *ADDENDUM* Resolution authorizing SCORE Grant application TAB 8 8. * ADDENDUM* Approval of Subordination Agreement – Falcon Heights Town Square TAB 9 G. POLICY AGENDA: 1. Amendments to Solicitor Ordinance TAB 10 2. Amendments to Background Check Ordinance TAB 11 H. COMMUNITY FORUM: I. INFORMATION/ANNOUNCEMENTS: J. ADJOURN Minutes of the Regular City Council Meeting October 11,2006 Members present:Mayor Gehrz,Council members Harris,Kuettel,Lindstrom,and Talbot, Administrator Miller,Assistant City AdministratorlDeputy Clerk Kreuser,Parks and Public Works Director Hoag,Engineer Bloom,and Shelly Eldridge of Ehler's and Associates. Mayor Gehrz called the meeting to order at 7:00 p.m. The meeting minutes of the September 27,2006 regular council meeting were approved as submitted. Public Hearing: Administrator Miller gave a brief overview of the TIF development district,and explained that each year the City certifies a report to the State on its districts.In recent months,Ehler's and Associates brought to the City's attention that development projects in certain TIF districts could be expanded.He stated there are two types of TIF districts:ones in which TIF funds can be spent,and ones in which TIF funds can be collected.Upon Ehler's recommendation,staff would ask for permission to expand the development district,where the TIF funds could be spent.He outlined the types of projects the TIF dollars could be spent on:some infrastructure,sidewalks, and road reconstruction,among others.Miller explained that expanding the TIF boundaries to encompass the entire city does not bind the council.It simply gives the City flexibility and keeps Falcon Heights tax dollars in Falcon Heights. Council member Kuettel asked why the district boundaries were not set this way in the first place.Administrator Miller replied likely it was because there were projects in mind,and the boundaries were drawn to include those areas.Shelly Eldridge,of Ehler's,stated that laws have changed since the mid-80s when the boundaries were drawn.Adding that back when the boundaries were drawn,it was common to include only project area,now it is accepted to include entire city limits.She added that many municipalities are making these changes,and they comply with the State Auditor. Council member Lindstrom asked about the law changes since the mid-80s.Eldridge replied that there are three active TIF districts in the City.The first two were created in the mid-80s,the last one being the development at Snelling and Larpenteur.She added that the law grants more flexibility with older TIF districts. Council member Talbot asked if Finance Director Olson agrees with the change.Administrator Miller replied he was,and the City would consult with Ehler's before spending any of the funds. Mayor Gehrz opened the public hearing.No comments were heard.Mayor Gehrz closed the public hearing. Council member Kuettel moved to approve resolution 06-24,adopting the modification to the development program for development district number one.The motion passed unanimously. Consent Agenda: Mayor Gehrz asked Administrator Miller to give an overview of the schedule.Miller explained the legal schedule requires a resolution,public hearing,and publishing of those notices. Engineer Bloom explained the process began in June 2005 with the Roselawn project and last spring with Hamline/Hoyt.She explained the public meetings,assessment hearings,and research,and these resolutions are the culmination of the projects.She explained that at the public hearing there would be summaries of what is covered by assessments,State aid funds, utility funds,and so on.She added there are 13 properties to be assessed. Mayor Gehrz stated the parties assessed would be charged at the low rate of $26.50 per frontage foot.She added the assessments were covering a smaller portion of the project,and the taxpayer's portion was larger. Council member Talbot moved the following three items for approval.The motion passed unanimously. 1.General disbursements through 10/4/06:$97,141.57 Payroll through 9/30/06:$13,987.27 2.Approval of licenses 3.Approve city resolution declaring costs to be assessed,receiving assessment rolls and setting assessment hearing date for 2006 street improvement projects Policy Agenda: 1.Submission of a grant proposal to the Minnesota Division of Homeland Security and Emergency Management Mayor Gehrz began the item by explaining the State of Minnesota has $119,000 leftover from 2005 federal funds funneled to the State under the umbrella of the Citizen Corp.She added there are 81 programs eligible in the State,but not all 81 are expected to apply.She said the CERT trainers and HAM coordinator aided in forming ideas for funding,and she would send in the grant application. Council members Harris and Talbot thanked Mayor Gehrz for her work on the proposal. Mayor Gehrz added that kits for the next CERT class,supplies,and materials for the Neighborhood Commission are among the requests. Council member Talbot asked when the City would find out if the funds were granted.Mayor Gehrz replied she would know Monday afternoon. Council member Kuettel moved to approve the submission of the grant proposal.The motion passed unanimously. 2.Authorize purchase of Street name signs (comer markers) Parks and Public Works Director Hoag began the item by explaining the research that has gone into the project to date.He said the majority of the street signs are 25 years old,are three-inch painted steel,and are in dire need of an upgrade.He showed examples to the council.He said the new technology includes diamond-grade reflective overlay,larger type,and upper and lower case letters.He added that staff recommends the non-numbered signs,as they would be easier to keep in stock,offer less visual clutter,and are less expensive. Council member Kuettel said she supported the non-numbered option. Council member Harris stated she liked the numbered option since not all homeowners have lighted house numbers,and it is useful to see the block,especially for emergency vehicles. Council member Talbot stated he supported the non-numbered signs because of the interchangeability and lower cost. Hoag stated from a public safety standpoint,the block numbers of the street signs are not useful as the 911 dispatchers direct the drivers to exactly their address and cross street,and in addition, there are highly specific maps in the vehicles.He stated having numbers on the houses is more important than having the block number on the street sign. Council member Talbot asked when the signs would be installed.Hoag replied that it would likely take place after December. Council member Lindstrom stated he supported the non-numbered option. Mayor Gehrz stated that $35,000 was budgeted for the project,when the estimate for comer signs has come in at about $17,000.She asked if more money would be necessary for the regulatory signs.Hoag replied that many of the regulatory signs need an upgrade,and at this point this late in the year he didn't anticipate using the balance this year.Hamline,Hoyt,and Roselawn would be started outright rather than putting the old signs back out there. Administrator Miller also stated those would fall under the $5,000 limit for staff to approve. Hoag added that he would appreciate the $5,000 for installation.He added the signs would arrive six to eight weeks after ordering,and staff would attempt to begin installation in 2006, however the bulk would occur in 2007. Mayor Gehrz stated she supported the non-numbered signs. A brief discussion on the usefulness of lighted house numbers ensued. Council member Harris stated she understood the argument for the non-numbered option and would support it. Council member Lindstrom moved to authorize the purchase of the street signs (comer markers). The motion passed unanimously. 3.Amendment to liquor violation fine schedule Administrator Miller stated this item was follow-up from a previous council discussion,and the action would create the change in the new city code. Council member Talbot stated they were outlined in the minutes,just as the council proposed. Council member Lindstrom moved to approve the amendment to the liquor violation fine schedule.The motion passed unanimously. Community Forum:none Information/Announcements: Council member Harris reported on the Park/Rec Commission meeting.The Commission covered the status of the rec programs,and learned yoga was a big draw for residents.The winter event re-naming poll is up on the website,and the date has been set for January 28.She reported the Curtiss Field play equipment would be re-painted instead of completely replaced, although some wooden pieces will be replaced with metal,giving the structure another 10-15 years life.The Adopt-a-Park program brochures are being printed. Council member Lindstrom reminded residents to vote on the 'Dead of Winter'name online. The Northwest Youth and Family Services open house is on October 12 at 6:00 p.m.at the Shoreview Community Center.All are welcome.He also said the Environment Commission would bring their recommendation on the Community Garden project to the council on November 8. Council member Talbot said the CTV workshop on citywide wi-fi was held October 11,more to come on that. Mayor Gehrz reported the speed cart in out in the City,debuting on Arona.Call City Hall to request it on your block.She said the Ramsey County League of Local Governments would hold a meeting on October 26 from 4-6 p.m.on the progress of the Active Living Ramsey County ~roup.Lastly,the Comp Plan Steering Committee's first meeting will be held October 3U trom >:30-8 p.m. \dministrator Miller said the bulk e-mail tool is up and working in the City,so staff can send out :rime alerts,park/rec info,etc.Log on and sign up.He announced that Parks and Public Works )irector Hoag submitted his resignation,and would be leaving to take on duties as the Arden 1.ills Public Works Director.Hoag's last day in Falcon Heights is October 31.Mayor Gehrz ;tated that Falcon Heights counter-offered,however could not offer the same opportunities as 1\.rden Hills,in the areas of green space and park development.Hoag thanked the council,and ;tated he was pleased to work in Falcon Heights,but Arden Hills offered an opportunity he could 10t pass up. A.ssistant City Administrator/Deputy Clerk Kreuser said that absentee ballots are available at 2ity Hall for anyone who cannot make it to vote on November 7. Mayor Gehrz adjourned the meeting at 8:1 0 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk ITEM:Disbursements and Payroll SUBMITTED BY:Roland O.Olson,Finance Director REVIEWED BY:Justin Miller,City Administrator EXPLANATION: 1.General disbursements through 10/19/06:$105,998.51 2.Payroll through 10/15/06:$13,950.53 ACTION REQUESTED: •Approval CONSENT Fl 10/25/06 ~U/~~/~UUb ~:~~~M PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TQ(FROM ACCOUNTS SUPPRESSEP A/~Kegu~ar upen ~tem Keglster PAGE: --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION ================================================================================================~=================================== 01-00250 AMERIPRIDE LINEN&APPAREL I-M817757 10/16/2006 APBNK LINEN CLEANING DUE:10/16/2006 DISC:10/16/2006 LINEN CLEANING ===VENDOR TOTALS === 26.75 26.75 101 4124-82010-000 CLEANING &WASTE REMOVAL 26.75 ==================================================================================================================================== 01-00255 AMERICAN OFFICE PRODUCTS 1-77721 10/16/2006 1-77867 10/18/2006 APBNK APBNK POCKET FILES DUE:10/16/2006 DISC:10/16/2006 POCKET FILES AMERICAN OFFICE PRODUCTS DUE:10/18/2006 DISC:10/18/2006 BATTERY AND TAPE ===VENDOR TOTALS === 70.26 42.45 112 .71 101 4112-70100-000 SUPPLIES 101 4112-70100-000 SUPPLIES 70.26 42.45 01-00878 US BANCORP 1-200610160182 10/16/2006 APBNK US BANCORP MANUAL CK#070579 10/10/2006 ICMA CONFERENCE EXPENSES 2ND GARAGE SALE ADVERTISEMENT ===VENDOR TOTALS === 726.44 726.44 101 4112-86100-000 101 4116-89010-000 CONFERENCES/EDUCATION/AS SPECIAL EVENTS 691.96 34.48 01-00892 BEARCOM 1-3582845 10/18/2006 APBNK BEARCOM DUE:10/18/2006 DISC:10/18/2006 REPAIR PAGERS ===VENDOR TOTALS === 94.36 94.36 101 4124-87029-000 REPAIR OTHER EQUIPMENT 94.36 01-03001 CAMPBELL KNUTSON 1-200610170186 10/17/2006 APBNK CAMPBELL KNUTSON DUE:10/17/2006 DISC:10/17/2006 SEPT/06 LEGALS ===VENDOR TOTALS 1,105.00 1,105.00 101 4114-80200-000 LEGAL FEES 1,105.00 ~U/~~/~UUb ~:~~~M PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED A/~~egu~ar upen ~Lem Keg~s~er !'J\~J;:;:.t. --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION 01-03089 CASH 1-200610170183 10/17/2006 APBNK CASH DUE:10/17/2006 DISC:10/17/2006 SOIL TEST COMM PK GARDEN ELECTION JUDGES FOOD&ICE BUDGET WORKSHOP FOOD SALES TAX:ICECREAM SOCIAL SUP ===VENDOR TOTALS =~= 132.98 132.98 101 4141-89000-000 101 4115-70100-000 101 4111-70100-000 101 4116-89010-000 MISCELLANEOUS SUPPLIES SUPPLIES SPECIAL EVENTS 15.00 88.68 23.00 6.30 ==================================================================================================================================== 01-03115 TRUGREEN-CHEMLAWN 1-730558 10/17/2006 APBNK TRUGREEN-CHEMLAWN DUE:10/17/2006 DISC:10/17/2006 ICE MELT FOR SIDEWALKS ===VENDOR TOTALS === 596.40 596.40 101 4131-70110-000 SUPPLIES 596.40 ==================================================================================================================================== 01-03121 CITY OF ST PAUL 1-P72243 10/16/2006 APBNK ABSENTEE VOTER PAPERS/ENVELOP DUE:10/16/2006 DISC:10/16/2006 ABSENTEE VOTER BALLOT SUPPLYS ===VENDOR TOTALS === 162.15 162.15 101 4115-70100-000 SUPPLIES 162.15 ==================================================================================================================================== 01-03123 CINTAS CORPORATION #470 1-470526732 10/17/2006 1-470547768 10/17/2006 APBNK APBNK CINTAS CORPORATION #470 DUE:10/17/2006 DISC:10/17/2006 RUG SVC CITY HALL CINTAS CORPORATION #470 DUE:10/17/2006 DISC:10/17/2006 RUG SVC -CITY HALL ===VENDOR TOTALS === 79.30 38.40 117.70 101 4131-87010-000 CITY HALL MAINTENANCE 101 4131-87010-000 CITY HALL MAINTENANCE 79.30 38.40 ==================================================================================================================================== 01-03181 CITY OF NEW BRIGHTON 1-2006HAZMAT 10/17/2006 APBNK CITY OF NEW BRIGHTON DUE:10/17/2006 DISC:10/17/2006 CITY'S SHARE HAZMAT PROG EXPS VENDOR TOTALS 939.68 939.68 101 4124-87029-000 REPAIR OTHER EQUIPMENT 939.68 lU/l~/~UUb 1:5~PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED A/~Kegu~ar upen ~tem Keg1Ster 1"'}\UJ::.:~ --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION ==================================================================================================================================== 01-03212 NORTH SUBURBAN ACCESS CO. 1-06-267 10/19/2006 APBNK REIMB;MAUREEN CABLE WORK DUE:10/19/2006 DISC:10/19/2006 REIMB:MARUEEN CABLE WORK' ===VENDOR TOTALS === 132.00 132.00 101 4116-85050-000 CABLE TV 132.00 ==================================================================================================================================== 01-03540 DEPTMENT OF LABOR AND INDUSTRY I-3RD QTR 10/17/2006 APBNK DEPTMENT OF LABOR AND INDUSTR DUE:10/17/2006 DISC:10/17/2006 3RD QTR BLDG PERMIT FEES ===VENDOR TOTALS === 255.54 255.54 101 20801-000 DUE TO OTHER GOVERNMENTS 255.54 ==================================================================================================================================== 01-04000 EHLERS AND ASSOCIATES 1-333613 10/17/2006 APBNK EHLERS AND ASSOCIATES DUE:10/17/2006 DISC:'10/17/2006 TIF MODIFICATION EXPS ===VENDOR TOTALS === 1,356.25 1,356.25 412 4412-81900-000 OTHER PROFESSIONAL SERVI 1.356.25 ==================================================================================================================================== 01-04084 FIRE EQUIPMENT SPECIALTIE 1-4743 10/18/2006 1-4746 10/18/2006 APBNK APBNK FIRE EQUIPMENT SPECIALTIE DUE:10/18/2006 DISC:10/18/2006 ONE 30MIN AIR TANK FIRE EQUIPMENT SPECIALTIE DUE:10/18/2006 DISC:10/18/2006 2 RECHARGEABLE FLASHLIGHTS ===VENDOR TOTALS === 879.00 153.15 1,032.15 402 4402-91000-000 MACHINERY &EQUIPMENT 402 4402-91000-000 MACHINERY &EQUIPMENT 879.00 153 .15 ==================================================================================================================================== 01-05054 DEBORAH JONES 1-200610180196 10/18/2006 APBNK DEBORAH JONES DUE:10/18/2006 DISC:10/18/2006 2ND AND 3RD QTR MILEAGE REIMB KITCHEN SUPPLIES PARKING FOR MET COUNCIL MEETIN DRIVE THRU MEETING EXPS VENDOR TOTALS 208.29 208.29 101 4117-86010-000 101 4131-70110-000 101 4117-86010-000 208 4208-89000-000 MILEAGE SUPPLIES MILEAGE MISCELLANEOUS 171.60 7.99 16.00 12.70 10/1~/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED A/~Kegu~ar upen item KeglSter --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION ==================================================================================================================================== 01-05115 ONE CALL CONCEPTS,INC I-6090360 10/17/2006 APBNK ONE CALL CONCEPTS,INC DUE:10/17/2006 DISC:10/17/2006 LOCATES ===VENDOR TOTALS === 293.60 293.60 601 4601-88030-000 ONE CALL CONCEPTS-LOCATE 293.60 ==================================================================================================================================== 01-05135 ARLENE HIGGINS I-200610160180 10/16/2006 APBNK REFUND REC YOGA CLASS RESIDEN DUE:10/16/2006 DISC:10/16/2006 REFUND REC YOGA CLASS RESIDENT ===VENDOR TOTALS === 65.00 65.00 201 34310-000 RECREATION FEES 65.00 ==================================================================================================================================== 01-05136 PEGGY HALL I-200610160179 10/16/2006 APBNK MN-NAME 2006 CONFERENCE DUE:10/16/2006 DISC:10/16/2006 MN-NAME CONF HUMAN RIGHTS ===VENDOR TOTALS === 60.00 60.00 101 4111-86100-000 CONFERENCES/EDUCATION/AS 60.00 ==================================================================================================================================== 01-05166 GRAINGER,W.W.,INC. I-I018026137 10/17/2006 APBNK I-I019042477 10/17/2006 APBNK GRAINGER,W.W.,INC. DUE:10/17/2006 DISC:10/17/2006 CHARGER/STARTER/TESTER GRAINGER,W.W.,INC. DUE:10/17/2006 DISC:10/17/2006 FILTER &VACUUM FOAM SLEEVE ===VENDOR TOTALS === 246.33 30.97 277.30 101 4132-70120-000 SUPPLIES 101 4131-70110-000 SUPPLIES 246.33 30.97 ==================================================================================================================================== 01-05200 ICMA RETIREMENT TRUST 457 I-200610170191 10/17/2006 APBNK ICMA RETIREMENT TRUST 457 DUE:10/17/2006 DISC:10/17/2006 OCT/06 ICMA OCT/06 ICMA OCT/06 ICMA OCT/06 ICMA VENDOR TOTALS 1,010.00 1,010.00 101 21709-000 204 21709-000 601 21709-000 602 21709-000 OTHER PR WH PAYABLE OTHER PR WH PAYABLE OTHER PR WH PAYABLE OTHER PR WH PAYABLE 923.90 10.00 35.00 41.10 ~UjL~j~UUb ~:~~~M PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED J\j t'KegU.l.CiI:-upt=I.l .l.\,;.t:HII t(,t=~.l.I::i'-eL --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION ==================================================================================================================================== 01-05404 KURHAJETZ,CLEM 1-200610170184 10/17/2006 APBNK KURHAJETZ,CLEM DUE:10/17/2006 DISC:10/17/2006 REIM:ELECTRIC ENGRAVER ===VENDOR TOTALS === 18.06 18.06 101 4124-70100-000 SUPPLIES 18.06 ==================================================================================================================================== 01-05665 METROPOLITAN COUNCIL 1-833327 10/17/2006 APBNK METROPOLITAN COUNCIL DUE:10/17/2006 DISC:10/17/2006 NOV/06 SANITARY SEWER CHRGS ===VENDOR TOTALS === 32,890.65 32,890.65 601 4601-85060-000 METRO SEWER CHARGES 32,890.65 ==================================================================================================================================== 01-05705 NRG PROCESSING SOLUTONS 1-58606 10/16/2006 APBNK TREE TRIMMING &DISPOSAL DUE:10/16/2006 DISC:10/16/2006 TREE TRIMMINGS DISPOSAL ===VENDOR TOTALS === 23.75 23.75 101 4134-84010-000 TREE TRIMMING 23.75 ==============================================================~===================================================================== 01-05730 MINNEAPOLIS PAPER COMPANY 1-125329 10/17/2006 APBNK MINNEAPOLIS PAPER COMPANY DUE:10/17/2006 DISC:10/17/2006 LASER AND COPY PAPER ===VENDOR TOTALS === 138.41 138.41 101 4112-70100-000 SUPPLIES 138 .41 ==================================================================================================================================== 01-05821 MUSKA ELECTRIC 1-72945 10/17/2006 APBNK MUSKA ELECTRIC DUE:10/17/2006 DISC:10/17/2006 REPAIR LIGHT AT COMM PARK INSTAL STREET LITE:TIES SIDEWK ===VENDOR TOTALS ==~ 2,057.32 2,057.32 101 4141-87120-000 403 4403-91000-000 REPAIRS &MAINTENANCE MACHINERY &EQUIPMENT 1,479.82 577 .50 ==================================================================================================================================== 01-05845 COLETTE CAMPBELL STUART 1-200610160178 10/16/2006 APBNK REIMB:HUMAN RIGHTS CONFERENC DUE:10/16/2006 DISC:10/16/2006 REIMB:HUMAN RIGHTS CONFERENCE VENDOR TOTALS 65.25 65.25 101 4112-86100-000 CONFERENCES/EDUCATION/AS 65.25 10/19/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE :NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED AlP Regu~ar upen ~~em Ke9~~L~~ --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION =~===c=============_=z===========================c=========_========_===================c==============================_==a_====__=: 01-05870 XCEL ENERGY 1-200610170193 XCEL ENERGY 2,970.49 10/17/2006 APBNKMANUALCK#070582 10/11/2006 ELECT 601 4601-85020-000ELECTRIC24.98 ELECT 101 4131-85030-000NATURALGAS97.24 ELECT 101 4141-85020-000ELECTRIC/GAS 24.59 ELECT 101 4141-85020-000ELECTRIC/GAS 399.51 ELECT 101 4141-85020-000ELECTRIC/GAS 68.55 ELECT 101 4141-85020-000ELECTRIC/GAS 17.24 ELECT 101 4132-85020-000STREETLIGHTING7.86 ELECT 101 4132-85020-000STREETLIGHTING40.93 ELECT 101 4132-85020-000STREETLIGHTING13.81 ELECT 101 4132-85020-000STREETLIGHTING2,075.91 ELECT 101 4132-85020-000STREETLIGHTING184.15 ELECT: CITY HALL SIGN 101 4132-85020-000STREETLIGHTING7.86 ELECTAUTOPROTECTIVELITES 101 4132-85020-000STREETLIGHTING7.86 =~=VENDORTOTALS=~~ 2,970.49 01-06024 ON SITE SANITATION I-232315X 10/19/2006 APBNK ON SITE SANITATION DUE:10/19/2006 DISC:10/19/2006 JUNE/06 PORTABLE TOILET ~~~VENDOR TOTALS ~== 73.90 73.90 101 4141-82010-000 WASTE REMOVAL 73.90 01-06054 ORCHARD TRUST COMPANY 1-200610170189 10/17/2006 APBNK ORCHARD TRUST COMPANY DUE:10/17/2006 DISC:10/17/2006 OCT/06 KREUSER ~~=VENDOR TOTALS === 180.00 180.00 101 21709-000 OTHER PR WH PAYABLE 180.00 01-06065 OXYGEN SERVICE COMPANY 1-3038375 10/16/2006 APBNK RENTAL AIR TANKS DUE:10/16/2006 DISC:10/16/2006 RENTAL AIR TANKS =~~VENDOR TOTALS === 45.09 45.09 101 4124-70100-000 SUPPLIES 45.09 10/19/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED A/P Regular Open Item Register PAGE: --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION 01-06184 RAMSEY COUNTY I-COMGR 000204 10/16/2006 APBNK RAMSEY COUNTY MANUAL CK#070553 10/10/2006 SEPT/06 911 DISPATCH SEPT/06 911 DISPATCH ===VENDOR TOTALS === 873.71 873.71 101 4121-86700-000 101 4124-86700-000 EMERGENCY DISPATCH SVCS- EMERGENCY DISPATCH SVCS- 163.82 709.89 01-06185 RAMSEY COUNTY I-RISK 000986 10/17/2006 APBNK RAMSEY COUNTY MANUAL CK#070583 10/17/2006 OCT/06 INSURANCE ===VENDOR TOTALS === 5,034.80 5,034.80 101 4112-89000-000 MISCELLANEOUS 5,034.80 01-06290 CITY OF ROSEVILLE I-5632 10/19/2006 APBNK CITY OF ROSEVILLE DUE:10/19/2006 DISC:10/19/2006 OCT/06 TECH SUPPORT OCT/06 TELEPHONY SVC ===VENDOR TOTALS === 933.33 933.33 101 4116-85070-000 101 4116-85010-000 TECHNICAL SUPPORT TELEPHONE 725.00 208.33 01-06330 ROSEVILLE ROTARY CLUB I-173 10/16/2006 APBNK OCT-DEC/06 DUES/MEALS BALANCE DUE:10/16/2006 DISC:10/16/2006 OCT-DEC/06 DUES&MEETING EXPS ===VENDOR TOTALS === 74.00 74.00 101 4112-86100-000 CONFERENCES/EDUCATION/AS 74.00 01-06386 S &S TREE SPECIALISTS IN I-73666/7365/7367 10/17/2006 APBNK S &S TREE SPECIALISTS IN DUE:10/17/2006 DISC:10/17/2006 TRIMMING 1382 IOWA TREE REMOVAL ARONA 3 TREE REMOVAL/ARONA&IDAHO 1,244.15 101 4134-84010-000 101 4134-84020-000 101 4134-84020-000 TREE TRIMMING TREE REMOVAL TREE REMOVAL 267.50 165.32 811.33 I-7571 10/19/2006 APBNK S &S TREE SPECIALISTS IN DUE:10/19/2006 DISC:10/19/2006 FOLWELL STORM DAMAGE VENDOR TOTALS 401.25 1,645.40 101 4134-84040-000 STORM DAMAGE 401.25 10/19/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED AlP Regu~ar upen ~~em Keg~5Ler --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION 01-06463 STAR TRIBUNE I-A8742219 10/17/2006 APBNK STAR TRIBUNE DUE:10/17/2006 DISC:10/17/2006 JOB AD:DIRECTOR PARKS/PW ~~~VENDOR TOTALS ==~ 613.60 613.60 601 4601-89000-000 MISCELLANEOUS 613.60 01-06625 T.A.SCHIFSKY &SONS,INC 1-40445 10/19/2006 APBNK T.A.SCHIFSKY &SONS,INC DUE:10/19/2006 DISC:10/19/2006 ASPHALT PATCHING ~~=VENDOR TOTALS ==~ 79.00 79.00 101 4132-75000-000 BITUMINOUS PATCHING 79.00 01-06931 U.S.POSTMASTER 1-200610180194 10/18/2006 APBNK U.S.POSTMASTER DUE:10/18/2006 DISC:10/18/2006 BULK MAIL POSTAGE ~=~VENDOR TOTALS ==~ 500.00 500.00 101 4112-70500-000 POSTAGE 500.00 01-06945 QWEST 1-200610170192 10/17/2006 APBNK TELEPHONE CHARGES MANUAL CK#070581 10/11/2006 COMMUNITY PARK CURTIS FIELD PARK AUTO DIALER SANITARY PUMP STA ~==VENDOR TOTALS === 222.06 222.06 101 4141-85011-000 101 4141-85011-000 601 4601-85011-000 TELEPHONE -LANDLINE TELEPHONE -LANDLINE TELEPHONE -LANDLINE 111.15 53.37 57.54 01-07011 PEGGY WALD 1-200610160177 10/16/2006 APBNK REFUND PARK RENTAL DUE:10/16/2006 DISC:10/16/2006 REFUND PARK RENTAL ~==VENDOR TOTALS =~= 135.00 135.00 101 34101-000 CITY FACILITY RENTAL 135.00 01-07187 KRISTIN GRANGAARD 1-200610170188 10/17/2006 APBNK KRISTIN GRANGAARD DUE:10/17/2006 DISC:10/17/2006 CERT STORGE BOXES &SUPPLIES VENDOR TOTALS ==~ 55.11 55.11 101 4121-70120-000 SUPPLIES 55.11 10/19/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED AlP kegu~ar upen ~~em Ke9~~~eL --------ID-------- POST DATE BANK CODE ---------DESCRIPTION--------- GROSS DISCOUNT P.O.# G/L ACCOUNT ------ACCOUNT NAME------DISTRIBUTION 01-07228 CITY OF ST ANTHONY 1-1556 10/17/2006 APBNK CITY OF ST ANTHONY DUE:10/17/2006 DISC:10/17/2006 NOV/06 POLICE SERVICES ==c VENDOR TOTALS ==c 41,035.09 41,035.09 101 4122-81000-000 POLICE SERVICES 41,035.09 01-07262 FASTSIGNS 1-204-23564 10/17/2006 APBNK FASTSIGNS DUE:10/17/2006 DISC:10/17/2006 CITY DECALS FOR CITY VEHICLE =cc VENDOR TOTALS === 224.25 224.25 101 4132-70120-000 SUPPLIES 224.25 01-07272 LILLIE SUBURBAN NEWSPAPER 1-200610170185 10/17/2006 APBNK LILLIE SUBURBAN NEWSPAPER DUE:10/17/2006 DISC:10/17/2006 TIF MODIFICATION HEARNG ==c VENDOR TOTALS === 48.83 48.83 101 4111-70410-000 LEGAL NOTICES 48.83 01-07276 HUGHES &COSTELLO 1-200610170187 10/17/2006 APBNK HUGHES &COSTELLO DUE:10/17/2006 DISC:10/17/2006 OCT/06 PROSECUTIONS ===VENDOR TOTALS c=c 2,817.87 2,817.87 101 4123-80200-000 LEGAL FEES 2,817.87 01-07901 WASTE MANAGEMENT-BLAINE 1-3197062 10/16/2006 1-3201894 10/16/2006 APBNK APBNK OCT/06 RECYCLING CONTRACT DUE:10/16/2006 DISC:10/16/2006 OCT/06 RECYCLING CONTRACT OCT/06 RECYCLING CONTRACT DUE:10/16/2006 DISC:10/16/2006 OCT/06 RECYCLING CONTRACT =c=VENDOR TOTALS ==c ccc PACKET TOTALS ==c 596.40 1,996.40 2,592.80 104,052.07 206 4206-82030-000 RECYCLING CONTRACTS 206 4206-82030-000 RECYCLING CONTRACTS 596.40 1,996.40 10/19/2006 1:52 PM PACKET:00039 Regular Payables VENDOR SET:01 City of Falcon Heights A/P Regular Open Item Register PAGE:10 SEQUENCE NUMERIC DUE TO/FROM ACCOUNTS SUPPRESSED INVOICE TOTALS DEBIT MEMO TOTALS CREDIT MEMO TOTALS BATCH TOTALS TOTALS 104,052.07 0.00 0.00 104.052.07" PERA CK II 70578 $1946.44 TOTALS PAY ABLES:$105,998.51 10-11-2006 1:21 PM PAYROLL NO:01 City of Falcon Heights PAY R 0 L L C H ~~~~~u ~~~y •• PAYROLL DATE:10/11/2006 CHECKCHECKCHECK EMPNO EMPLOYEE NAME TYPEDATEAMOUNTNO. 1136 OLSON,ROLAND 0 R10/11/20061,545.09070554 1141 YARD,MICHAEL C R10/11/2006 281.51070555 1035 AUGER SR,JOSEPH J R10/11/2006 301.59070556 0034 KURHAJETZ,CLEMENT R10/11/2006 138.30070557 0040 ANDERSON,KEVIN R10/11/2006 82.21070558 0066 HERNANDEZ,ALFRED R10/11/2006 29.56070559 0074 ALLEN,MARK J R10/11/2006 14.78070560 0085 JOHNSON-POWERS,DANIEL S R10/11/2006 117.98070561 0087 MCKAY,MICHAEL A R10/11/2006 84.04070562 0090 SCHIPPEL,ANDREW P R10/11/2006 64.18070563 0095 POESCHL,MICHAEL J R10/11/2006 78.96070564 0097 GAFFNEY,PATRICK R10/11/2006 197.40070565 0098 REZNY,BRADLEY J R10/11/2006 39.48070566 0101 HUFF,DALE E R10/11/2006 59.10070567 0104 VANN,VINCENT A R10/11/2006 78.96070568 0105 FEHRENBACH,ANTON M R10/11/2006 83.30070569 0106 TESCH,SCOTT A R10/11/2006 167.62070570 0109 DOUVIER,JASON D R10/11/2006 54.26070571 0112 LESKE,CHRIS M R10/11/2006 78.96070572 0114 GANSCHINIETZ,ANNE T R10/11/2006 97.22070573 0115 FRIDGEN,JOSH T R10/11/2006 54.26070574 0116 GOPLIN,ADAM R R10/11/2006 88.88070575 1015 HOAG,GREGORY R R10/11/20061,802.68070576 1033 TRETSVEN,DAVE R10/11/20061,374.89070577 ***** DIRECTDEPOSITLIST*****PAYPERIODENDING10/15/2006 EMP # 01-1002 01-1007 01-1008 01-1016 01-1038 01-1143 ----------------NAME JUSTIN J MILLER PATRICIA PHILLIPS STACEY T KREUSER LISA A ABERNATHY DEBORAH K JONES COLIN B CALLAHAN AMOUNT 1,873.26 433.33 1,185.12 1,137.21 1,373.15 1,033.25 TOTAL PRINTED:6 7,035.32 10-11-2006 1:21 PM PAY R 0 L L C H E C K REG I S T E R PAYROLL NO:01 City of Falcon Heights •••REGISTER TOTALS ••• REGULAR CHECKS:246,915.21 DIRECTDEPOSITREGULARCHECKS: 67,035.32 MANUALCHECKS:PRINTED MANUAL CHECKS:DIRECT DEPOSIT MANUAL CHECKS:VOIDED CHECKS:NON CHECKS:--------------TOTALCHECKS: 3013,950.53 •••NO ERRORS FOUND ••• PAGE:4 PAYROLL DATE:10/11/2006 lID~!..~@ ----"--=-- Inquiries:1·866-485-4545 BUS 5802 Page 1 of 2 .~t.'j,.'!t=••)l ••·J:;.~'.'.'-'-:,: October:Statement for activity from Sep.07,2006 through Oct.04,2006CITYO~FALCON HEIGHT ;~JUSTINJ MILLER (CPN 000107109) i~g:[~W1§lill~~:QB]~!§~~1§y~~lQ~~§~I~~r~J1~8£gg~5!li~J@J]gJ1iQ~~iifi"~~}~lij!tl{ff:~-- Activity Summary :Credit and Payment Information Previous Balance :.•...$678.50 ,CreditLine $15,000.00 Payments and Credits ........•.......•........$678.50rAvailable Credit...$14,273.56 :Purchases,Advances'&Other.Debits $726.44 'Minimum Payment Due {Current Month)$15.00 FINANCE CHARGES •••.••.••••.•••..•••.••..$0;00 Minimum Rayment Due (Past Due)$0.00New:.~Balance •••....•.•.•..•..•••.•••..•••...•••....$726.44 Total New Minimum Payment Due ..••..•...$15.00 '.','>i.ot -<";Vl Pa~ment Due Date ..•...•..•..•..•.••..••.....•..••••.Oct.24,2006 Toreduce or a void paying additional finance Charge?on your purchase balance,pay the total new balance of $726.44 by 10/24/06, Anyca~hb~/anc~or balance transfer balance will continue to accrue daily interest until the date your payment is received. $34.48 ;UtJp G/ltI'tfF:..-::6J~~ $691.96 C'o/JJf .....'-_ Post Trans Ref. Date Date Nbr Description of Transaction Payments and Credits 09/22 09/22 0189 PAYMENT THANK yOU . Purchases,Advances,Debits 09/08 09/07 4502 ONLINE CLASSIFIED ADS 877-223-7355 CA . 09/15 09/13 4171 HYATT HOTELS SAN ANTON SAN ANTONIO TX . 09/09/06 FOR 04 NIGHTS FOLIO:1327 Amount $678.50 CR Notation Signature/Approval:_Accounting Code:_ BALANCE TRANSFER PURCHASES ADVANCES $0.00 $726.44 $0.00 $0.00 $0.00 $0.00 0.043123% 0.043123% 0.058191 % VARIABLE VARIABLE VARIABLE $0.00 15.74% $0.00 15.74% $0.00 21.24% 0.00% 0.00% 0.00% N Y N Continued on Next Page ,Please detach and send coupon with check payable to:U.S.Bank CPN000107109 0047985312042613270000015000000726443 ~!?,,!!.~@ Your Account Number: Total New Balance: Minimum Payment Due: 4798531204261327 $726.44 $15.00 TD change your address or for Cardmember Service please call: 1-866-485-4545 Every Hour!Every Day! 16786ua T2PO CITY OF FALCON HEIGHT JUSTIN J MILLER 2077 LARPENTEUR AVE W FALCON HGTS MN 55113-5551 11111111111111111111111111.1111111111111111111111111111111111I U.S.Bank P.O.Box 790408 S1.Louis,MO 63179-0408 1111111111111111111111111111111111111111111111111111111111.III CONSENT F2 10/25/06 TEM:Approval of License ~UBMITTED BY:Stacey Kreuser,Assistant City Administrator/Deputy Clerk ~xplanation: [he following business has applied for a mechanical contractor's license.City staff has received he necessary documents for licensure: •Marsh Heating &AC CONSENT F3 10/25/06 TEM:Accept Resignation of Greg Hoag,Parks and Public Works Director ;UBMITTED BY:Justin Miller,City Administrator ~XPLANATION: }reg Hoag,the City's parks and public works director for the past two years,has accepted the mblic works director position with the City of Arden Hills.Greg was a valuable asset to the :ity of Falcon Heights,and he will be sorely missed. \.CTION REQUESTED: ;taff reluctantly recommends that the Falcon Heights City Council accept the resignation of }reg Hoag,Parks and Public Works Director effective October 31,2006. Gregory R.Hoag 2802 Aglen Street Roseville,Minnesota 55113 October 11,2006 Justin Miller City Administrator City of Falcon Heights 2077 W.Larpenteur Avenue Falcon Heights,MN 55113 Dear Justin, After much thought and deliberation,I have accepted the position of Public Works Director for the City of Arden Hills.At this time I am submitting my notice of resignation.My last day of work with the City of Falcon Heights will be Tuesday, October 31,2006.As we have discussed I will be available as needed to help with the transition. Best of luck,and thanks for all of the guidance and support you have given me. Sincerely, ~~.IchrGregHoag CONSENT F4 10/25/06 ITEM:Approval of Melanie Leehy to the Neighborhood Commission SUBMITTED BY:Mayor Gehrz EXPLANATION: I am recommending the appointment of Melanie Leehy to the Neighborhood Commission for a three-year term. ACTION REQUESTED: •Approve appointment of Melanie Leehy to a three-year term on the Neighborhood Commission. I •••i.-I g-UU 1J.UU r 1 Um-WIIVII",TU ••U.g,)DlJgUg CITY OF FALCON HEIGHTS COMMISSION APPLICATION I-JU~r.UUL/UUL r-~u~ DATE:Qcto_ber 18.2006 NAME:Melanie March Leehv ADDRESS:---' Falcon Heiohts.MN 55108 PHONE:O::D..-(Q HOW LONG AT ABOVE ADDRESS?One Year IN WHAT CAPACITY DO YOU WISH TO SERVE?I would love to serve on the NeiQhborhood Commission. REASON YOU WISH TO SERVE ON ABOVE:I have lived in several cities of our Metro Area.Of all of them Falcon Heights is by far my favorite.I believe that it is important;to not onlY enioy the benefits of our City.but also do what I can to maintain and add to it. PRIOR PUBLIC (OR RELATED)SERVICE:As an adult I have never served in any Qovemmental capacity.Mv verv first iob as a teenaoer was Girl Friday to the City Clerk of Brooklvn Park.Other than that.I have served in various volunteer roles in the Metro Area OTHER RELEVANT BACKGROUND (OR COMMENTS):J believe that my years of experience with non-profit orQanizations have helped to groom me as a servant to my neiohbors.One such position was chairinQ a collaborative of Minneapolis youth organizations meetino the needs of At-Risk Youth. CONSENT F5 10/25/06 ITEM:Close Out Fund 315 (1993 TIF Refinancing Bond)and Transfer the remaining balance in the fund to Fund 413 (TIF District 2-1) SUBMITTED BY:Roland Olson,Finance Director REVIEWED BY:Justin J.Miller,City Administrator and Matt Mayer,CPA,Kern,DeWenter,Viere,Ltd Summary and action reQuested: The 1993 TIF Refinancing Bond has been paid off.A small balance of $7,198.14 remains in this bond fund as of September 30,2006.Our auditors have recommended closing this fund with any balance transferred back to the appropriate TIF capital fund from which it originated.This capital fund is Fund 413 (TIF District 2-1).Staff requests closing Fund 315 and transferring this small balance back to Fund 413 with an effective date of September 30,2006.This small balance can then be used for future TIF needs and obligations. Meets goal #4:To provide a responsive and effective city government. Strategy #4:To effectively manage the city's financial resources. Action ReQuested: Approve the closure of Fund 315 (1993 TIF Refinancing Bond Fund)and transfer the small remaining balance back to Fund 413 (TIF District 2-1)for future TIF needs and obligations. CONSENT F6 10/25/06 ITEM:Increase the Community Development Special Revenue Fund (Fund 208)"Other Professional Services"line item to reflect the unplanned and unbudgeted expenses associated with the "Drive Thru"Zoning and Planning Study SUBMITTED BY:Roland O.Olson,Finance Director REVIEWED BY:Justin Miller,City Administrator Matt Mayer,CPA,Kern,DeWenter,Viere Ltd. Summarv: The "Drive Thru"Zoning and Planning Study expenses were not budgeted for the 2006 budget because the detennination to conduct such a study was not made until the early months of 2006. The 2006 budget had previously been finalized in December of2005.These expenses would be recognized in the Community Development Special Revenue Fund 208.The "Drive Thru" expenses total approximately $4,500 year to date. Staff recommends increasing the budget line item "Other Professional Services"by $5,000.This would increase this line item in the budget up to $8,000 allowing additional room for any additional community development expenses that might occur before the end of 2006. In addition,the fund balance in the Community Development Special Revenue Fund (208)needs to be increased to provide the funds for these expenditures.With these additional expenditures, the fund now carries a negative fund balance of$2,913.Staff recommends transferring $5,000 from the Infrastructure Capital Fund (419)to the Community Development Special Revenue Fund (208)to cover this negative fund balance and allow for some additional funds if needed in the future. Meets Goal #4:To provide a responsive and effective city government. Strategy #4:To effectively manage the city's financial resources. Action Requested: Amend the Community Development Special Revenue Fund 208 "Other Professional Services" line item by increasing by $5,000.Also,approve a transfer of funds totaling $5,000 from the Infrastructure Fund (419)to the Community Development Special Revenue Fund (208). *ADDENDUM* CONSENT F7 10/25/06 ITEM: Resolution authorizing SCORE Grant application SUBMITTED BY: Deb Jones, Planning and Zoning Director REVIEWED BY: Justin Miller, City Administrator Roland Olson, Finance Director EXPLANATION: Summary: The Council is being asked to authorize the Mayor and Administrator to sign the 2007 SCORE recycling grant contract from Ramsey County and adopt the attached resolution. The grant is in the amount of $10,674. The SCORE grant helps offset the cost of providing recycling services to our residents, as well as providing educational materials to residents. ATTACHMENT: • Resolution 2006-27 ACTION REQUESTED: • Approval of Resolution 2006-27 CITY OF FALCON HEIGHTS RESOLUTION 2006-27 RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO SIGN THE 2007 RAMSEY COUNTY SCORE GRANT, AND ENTER INTO AN AGREEMENT WITH RAMSEY COUNTY FOR FUNDING WHEREAS, the City of Falcon Heights has a recycling program, which serves the residents of the City; and WHEREAS, the City utilizes the SCORE funding to offset costs of that program each year; and WHEREAS, the City Council has determined that participation in this program is beneficial to the residents of Falcon Heights; NOW, therefore, be it resolved by the City Council of the City of Falcon Heights, Minnesota; The Mayor and City Administrator are authorized to enter into an agreement with Ramsey County for funding under the 2007 SCORE Grant. Adopted, unanimously, by the City Council of Falcon Heights on October 25, 2006. APPROVED: _________________________ Susan L. Gehrz, Mayor October 25, 2006 ATTEST: ____________________________ Justin Miller City Administrator October 25, 2006 CONSENT F8 10/25/06 ITEM: Approval of Subordination Agreement – Falcon Heights Town Square SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Sherman Associates, the developer of the Falcon Heights Town Square project, has approached the city requesting our approval of the attached subordination agreement with their lending institution. In order for them to finalize their financing, Sherman Associates are taking out a mortgage with Washington County Bank, and the terms of this mortgage require that the city subordinate, or relinquish, our rights in respect to title interest in the property. This action was anticipated when the development agreement was approved. In fact, the exact language in the development agreement states: Section 7.3. Subordination of Agreement. In order to facilitate the obtaining of financing for the construction of the Minimum Improvements, the City agrees that it will consider and agree to reasonable requests to subordinate its rights with respect to the Development Property and the Minimum Improvements to the rights of the Developer’s lenders under their loan documents. Approval of this agreement in no way impacts the progress of the project, requirements of the developer to construct the project in the same manner as previously approved, or our obligations in regards to the tax increment financing agreement. The city attorney has reviewed the agreement and finds it satisfactory. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the attached Subordination Agreement with Washington County Bank, N.A. in regards to the Falcon Heights Town Square development. SUBORDINATION AGREEMENT This Subordination Agreement (the “Subordination Agreement”) is made and entered into this _____ day of October, 2006, by and between the City of Falcon Heights, a Minnesota municipal corporation (the “City”) and Washington County Bank, N.A., a national banking association (the “Mortgagee”). RECITALS A. The City and Townhomes at Town Square LLC, a Minnesota limited liability company (the “Company”) have heretofore entered into a certain Development Agreement dated July 18, 2003, filed January 14, 2004, as Document Number 1798794, in the Office of the Registrar of Titles, Ramsey County, Minnesota (the “Contract”), relating to the development of certain real property situated in the County of Ramsey, State of Minnesota and legally described on Exhibit A attached hereto (the “Townhome Development Property”). B. In order to provide funds for the construction and installation of the townhomes constructed on the Townhome Development Property (the “Project”), the Mortgagee has agreed to make a loan to the Company pursuant to a Loan Agreement, dated of even date herewith (the “Loan Agreement”) as evidenced by that certain promissory note, dated of even date herewith in the amount of ________________ Million and 00/100 Dollars ($________________.00) and payable to the order of the Mortgagee (the “Note”). C. To secure its obligations under the Note, the Company is executing and delivering to the Mortgagee a Combination Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents (the “Mortgage”) dated of even date herewith encumbering and creating a lien on those portions of the Townhome Development Property legally described on Exhibit B attached hereto (the “Mortgaged Property”). D. The Note, the Mortgage, the Loan Agreement are hereinafter collectively referred to as the “WCB Loan Documents”. E. The Company’s development of Townhome Development Property is subject to the covenants, conditions, restrictions and provisions of the Contract, certain provisions of which are or may be in conflict with the provisions of the WCB Loan Documents, and this Subordination Agreement is being entered into for the purpose of resolving such conflicts. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. The City certifies that as of the date of this Subordination Agreement, no Event of Default, as defined in the Contract, exists under the terms of the Contract. 2. The City hereby subordinates, in all respects, to the lien of the Mortgage and the interest of the Mortgagee thereunder, any and all right, title or interest the City has, may have or may hereafter acquire in the Mortgaged Property, the portions of the Project located on the Mortgaged Property or any insurance proceeds or condemnation awards with respect thereto, which City interest and rights are and shall in all respects continue to be subordinate to the lien of the Mortgage notwithstanding the order of recording, date of execution and delivery, order of performance or any other priority requirements which may otherwise exist. 3. The City acknowledges receipt of copies of the WCB Loan Documents and further acknowledges that this Subordination Agreement, the WCB Loan Documents and the loan evidenced thereby are each hereby authorized, consented to and approved under the terms of the Contract. 4. The City hereby agrees that all rights of the City to approve or disapprove changes to the Construction Plans for the Project or any amendments thereto are set forth in the Contract, it being understood that this paragraph is not intended to limit the authority of the City to approve or disapprove the construction plans for the Project as provided in its city code and ordinances. 5. If, prior to the City’s issuance of “Certificates of Completion”, as defined in the Contract, for the Mortgaged Property, the Company defaults under the Mortgage, the Mortgagee must, before commencing proceedings to foreclosure the Mortgage, notify the City, in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If the default entitles the Mortgagee to foreclosure upon the Mortgaged Property, and if, under the Mortgage, the Company has the right to cure the default before the Mortgagee may commence proceedings to foreclosure the Mortgage, the City shall have the same cure rights as the Company. Nothing contained in this paragraph shall be deemed to grant the City any cure rights other than cure rights expressly granted to the Company in the Mortgage. 6. In the event that, after receipt of a notice from the City of default or Event of Default under the Contract, the Mortgagee (or any successor in interest to the Mortgagee) elects, within the time allowed under the Contract to exercise any right under the Contract to cure or remedy any breach or default by the Company under the Contract with respect to construction of the Minimum Improvements (as defined in the Contract) then such exercise of rights or cure or remedy, including, without limitation, the time limits thereon, shall be in accordance with the terms of the Contract. Nothing herein shall be construed to create any obligation of the Mortgagee to perform under the Contract or to cure or remedy any default of the Company under the Contract. 7. The City represents to the Mortgagee as follows: (a) The Contract constitutes the legal, valid and binding obligation of the City and is enforceable against the City in accordance with its terms; (b) The Project, as defined in the Contract, is in conformance with the development objectives set forth in the Tax Increment Plan, as defined in the Contract; and (c) Upon the execution and delivery by the City, this Subordination Agreement will constitute the legal, valid and binding obligation of the City, enforceable against the City in accordance with its terms. 8. The City and the Mortgagee acknowledge that the Mortgagee is not a party to the Contract, that the City is not a party to the WCB Loan Documents and that this Subordination Agreement contains the entire agreement between the City and the Mortgagee with respect to each other under the Contract, and that this Subordination Agreement may be amended only in writing signed by both parties hereto. 9. The rights given to the Mortgagee under this Subordination Agreement are in addition to the rights of the Mortgagee under the WCB Loan Documents and the documents related thereto. In the event of any inconsistency between the terms of this Subordination Agreement and the terms of the WCB Loan Documents or the Contract, the terms of this Subordination Agreement shall control to the benefit of each of the parties hereto and their respective successors and assigns. In addition, the rights of the City hereunder are in addition to its rights under the Contract. 10. Any notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified or registered mail, postage prepaid, when the property addresses indicted below. Unless otherwise designated by the respective parties, all notices, certificates and communications to each of them shall be sent to the addresses designated below: City: City of Little Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 Attn: City Administrator Mortgagee: Washington County Bank, N.A. 990 Helena Avenue North Oakdale, Minnesota 55128 A t t n : D e n n i s M a r t o d a m 11. This Subordination Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns including any subsequent holder of the Mortgage. [The remainder of this page has been left blank intentionally. Signature pages follow.] IN WITNESS WHEREOF, the parties have caused this Subordination Agreement to be executed as of the day and year first above written. WASHINGTON COUNTY BANK, N.A. B y : D e n n i s M a r t o d a m I t s : S e n i o r V i c e P r e s i d e n t STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me the _____ day of October, 2006, by Dennis Martodam, the Senior Vice President of Washington County Bank, N.A., a national banking association, for and on behalf of the association. N o t a r y P u b l i c THE CITY OF FALCON HEIGHTS B y : S u s a n L . G e h r z , M a y o r B y : J u s t i n M i l l e r I t s : C i t y A d m i n i s t r a t o r STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me the _____ day of October, 2006, by Susan L. Gehrz, the Mayor of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the City. N o t a r y P u b l i c STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me the _____ day of October, 2006, by Justin Miller, the City Administrator of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the City. N o t a r y P u b l i c EXHIBIT A LEGAL DESCRIPTION OF TOWNHOME DEVELOPMENT PROPERTY Lot 2, Block 1, Falcon Heights Town Square, according to the recorded plat thereof in Ramsey County, Minnesota. EXHIBIT B LEGAL DESCRIPTION OF MORTGAGED PROPERTY Lots 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 14, Common Interest Community 677, Ramsey County, Minnesota. POLICY Gl 10/25/06 ITEM:Amendments to Solicitor Ordinance SUBMITTED BY:Justin Miller,City Administrator EXPLANATION: During recent city code recodification discussions,the city council asked staff and legal counsel to review our current solicitor ordinance and to bring back suggested revisions.Staff presented a draft ordinance at the September 2ih city council meeting,and we are bringing back for consideration a new ordinance incorporating council's comments.Key points of the new ordinance include: •A license shall be required for each person asking to solicit goods within the city.The application for such permit will ask for name and physical description of the applicant, address,nature of business,name of employer,dates and hours of operation,source of goods,statement asking about past criminal history,and previous municipalities that the applicant has worked in. •A background check will be performed by the St.Anthony Police Department.If past criminal activity is shown,the license application can be denied. •All solicitors must carry identification as well as their license and show it when requested. •Hours of operation are limited to 9:00 a.m.-7:00 p.m.(same as current ordinance) •Residents not wanting solicitors to approach their homes can display a "Peddlers and Solicitors Prohibited"sign,which must be obeyed. •Licenses can be revoked by the City Administrator for unlawful behavior,incorrect statements on the application form,or for violating terms of the license.Solicitors who have their license revoked can request a hearing within ten (10)days of receiving notice. If,in the discretion of the City Administrator,imminent harm to the health or public safety of the public may occur because of the actions of the solicitor,the license may be revoked prior to the public hearing being held. •People engaging in the following activities are exempt from these regulations: •Selling personal property at wholesale to dealers in such articles •Selling newspaper subscriptions •Non-profit,religious,political,or educational organizations •Taking orders in connection with a regular route for the sale and delivery of perishable daily necessities Attached to this report are the revised application and license forms,as well as the proposed and current ordinances. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached ordinance amending the Falcon Heights City Code concerning peddlers,solicitors,and transient merchants. CITY OF FALCON HEIGHTS~.~ 2077 W.Larpenteur Ave. Falcon Heights,MN 55113 Phone 651-792-7600,fax 651-792-7610 2006 Solicitors,Peddlers,Transient Merchants Certificate of Registration Application Form $25.00 -Permit Fee (per individual) Business Information: Business Name: Applicant's Fun Legal Name: Date of Birth: Social Security Number: Permanent Address: FOR OFFICE USE Permit Number:Approval Date:Amount Paid:Receipt:Approved By: Physical Description: Address of Employer: Hair color:Weight:_ Eye color:Height:_ Business Phone Number:Fax Number:_ List of municipalities wherein the applicant/company has worked before coming to the City or Falcon Heights: 1. 2. 3. 4. 5. Describe the nature of your business: Description of goods to be sold: Address where goods are manufactured: Address where goods are stored: Manner of which the goods shall be delivered to customer: Requested dates for working within the City of Falcon Heights: Requested hours for working within the City of Falcon Heights: NOTICE: *No peddler or solicitor shall enter upon any premises where a sign prohibiting peddlers and solicitors is posted. *No peddler or solicitor shall enter upon any premises after 7:00 p.m. ~~CITY OF FALCON HEIGHTS£I 2077 W.Larpenteur Ave. Falcon Heights,MN 55113 Phone 651-792-7600,fax 651-792-7610 2006 Solicitors,Peddlers,Transient Merchants Certificate of Registration Name of Organization:_ Applicant's Name:_ Address of Organization:_ Organization Phone Number:_ Physical Description:Hair color:Weight:_ Eye color:Height:_ Purpose of Solicitation:_ Dates on which solicitation is to be conducted:_ This certificate expires on:_ City Clerk The above organization has registered with the City of Falcon Heights and has provided all required documentation in accordance with the city code.A list of canvassers is attached. THIS CERTIFICATE IS NOT IN ANY WAY AN ENDORSEMENT BY THE CITY . •No peddler or solicitor shall enter upon any premises where a sign prohibiting peddlers and solicitors is posted . •No peddler or solicitor shall enter upon any premises after 7:00 p.m. CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. ______ AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING BACKGROUND CHECKS THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 2 of the Falcon Heights City Code is amended by adding Article VII to read as follows: The purpose of this Article is to authorize the City of Falcon Heights acting through a Police Department to access through the Bureau of Criminal Apprehension Minnesota Computerized Criminal history public data and driver’s license history background checks on employees, applicants for employment, volunteers and applicants for the following City licenses: intoxicating liquor, wine, 3.2 malt liquor, refuse haulers, tobacco, peddler, solicitor and massage. The City may conduct comprehensive background investigations, including but not limited to accessing data through other automated and non-automated sources and contacting references. The City may periodically conduct a driver’s license inquiry upon employees or volunteers where possession of a valid driver’s license is an essential qualification of the position. Before the investigation is undertaken, the person must authorize the Police Department in writing to undertake the investigation and to release the information to the City Administrator, and other City staff as appropriate. If a questioned identity situation occurs, fingerprint verification shall be obtained. Should the City reject an applicant’s request for employment due, partially or solely, to the applicant’s prior conviction of a crime, subject to the exception set forth in Minnesota Statutes Section 364.09, the City Administrator shall notify the applicant in writing of the following: (a) The grounds and reasons for the denial; (b) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364.06; (c) The earliest date the applicant may reapply for employment; and (d) All competent evidence of rehabilitation will be considered upon reapplication. 127977v01 RNK:10/18/2006 1 SECTION 2. This ordinance shall be effective immediately upon is passage and publication. ADOPTED this ______ day of ____________, 2006, by the City Council of Falcon Heights, Minnesota. C I T Y O F F A L C O N H E I G H T S BY: ______________________________ S u s a n L . G e h r z , M a y o r ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk 127977v01 RNK:10/18/2006 2 (b)sell i ng newspaper subscri ptions; (c)soliciting money,donations,or financial assistance of any kind for nonprofit, religious,political,or education organizations;or taking orders for goods sold by a political,religious,educational,or nonprofit organization,or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of such an organization; (d)calling upon householders in connection with a regular route service for the sale and del ivery of perishable dai Iy necessities of Iife such as bakery products and dairy products;this exception does not relieve such person of the duty of compliance with any other applicable provision of this Code; (e)call i ng upon householders at the request of said householders; 5.Proof of License.Upon receipt of a complete application,the City Clerk shall transmit the same to the City Administrator for approval.Every license shall bear the written approval of the City Administrator.Within five days after such approval,the City Clerk shall provide the applicant with a written certificate showing proof of licensing.Such proof of licensing shall have one copy of the registrant's photograph attached to the same, and shall be exhibited by the licensee upon request of any police officer or of any person in the City who is being contacted by the licensee in pursuance of the licensee's activity. 6.License Non-transferable.No license is transferable from one individual to another.Each individual shall be separately licensed where more than one individual is involved in the same type of activity even though associated with the same organization. 7.Persons Working for or Assisting Licensee.The licensee shall also supply the information required in Section 3 above for all persons working for or assisting the licensee and pay the fee for each person. 8.Identification.All solicitors and peddlers must wear some type of identification conspicuously showing their name and the organization for which they are soliciting or peddling,must carry their city issued license certificate when conducting the business or activity required to be licensed under this chapter,and must wear or display on their outermost clothing the certificate of licensure provided by the City. 9.Licensure Control.The certificate of licensure issued by the city is the property of the City of Falcon Heights,and must be returned to the City within seven (7) days after the expiration date of the license.Failure to do so may result in prosecution and will result in the denial of any future license application for twelve (12)months. 10.Practices Prohibited.No Peddler,Solicitor or Transient Merchant shall conduct business in any of the following manners: A.obstructing the free flow of either vehicular or pedestrian traffic on any street, alley,sidewalk,or other public right of way; B.conducting business in such a way as to create a threat to the health,safety, or welfare of any individual or the general public. C.entering upon any residential premises for the purpose of carrying on the licensee's or registrant's trade or business between the hours of seven o'clock (7:00)p.m.and nine o'clock (9:00)a.m.of the following day,unless such person has been expressly invited to do so by the owner or occupant thereof. D.call attention to his business or to his merchandise,by crying out,by blowing a horn,by ringing a bell,or by any loud or unusual noise in areas zoned for residential use. E.No Peddler,Solicitor,or Transient Merchant shall harass,intimidate,abuse, or threaten a person or continue to offer merchandise for sale to any person after being told not to do so by that person. 11.Duration of License.Each license shall be valid only for the period specified therein,and no license may extend beyond the 31 st day of December of the year in which it is granted. 12.Exclusion of Peddlers and Solicitors.Any person who wishes to exclude Peddlers or Solicitors from premises occupied by him may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited" Such placard shall be at least 3 3/4 inches long and 3 3/4 inches wide and the printing thereon shall not be smaller than 48 point type.No Peddler or Solicitor shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained notwithstanding the fact that he may have obtained a solicitation certificate or solicitation credentials,as the case may be,under the provisions of this Section.No person other than the person occupying such premises shall remove,injure or deface such placard or sign. 13.Suspension and Revocation. A.Any license may be temporarily suspended by the City Administrator or revoked by the Council for a violation of any of the following: (1)Fraud,misrepresentation,or incorrect statements on the application form; (2)Fraud,misrepresentation,or false statements made during the course of the license activity; (3)Conviction of any offense for which granting of a license could have been denied under this chapter; (4)Violation of any provision of this chapter;or (5)Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety,or general welfare of the public. B.Notice.Prior to revoking or suspending any license issued under this section,the City shall provide the license holder with written notice of the alleged violation(s)and inform the licensee of the licensee's right to a hearing on the alleged violation.Notice shall be delivered in person or by mail to the permanent residential address listed on the license application,or if no residential address is listed,the business address provided on the license application. C.Hearing.Upon receiving the notice provided in subsection B of this section, the licensee shall have the right to request a hearing.If no request for a hearing is received by the city within ten (10)days following the service of the notice,the city may proceed with the suspension or revocation.For the purpose of mailed notices,service shall be considered complete as of the date the notice is placed in the mail.If a hearing is requested within the required time,a hearing shall be scheduled within twenty (20)days from the date of the request.The City Administrator or the Administrator's designee shall be the hearing officer and shall render a decision.The decision of the Administrator is final unless the licensee within five (5)days appeals the decision to the city council. D.Emergency.If,in the discretion of the City Administrator or the Administrator's designee,imminent harm to the health or safety of the public may occur because of the actions of a peddler or solicitor licensed under this chapter,the City Administrator may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in subsection B of this section. E.Appeals.Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. 14.Compliance With Zoning.Transient Merchants and Transient Produce Merchants shall comply with provisions of the Falcon Heights Zoning Code.Compliance with the zoning ordinance location,information,and plan requirements shall be verified in writing by the City Administrator. SECTION 2.This ordinance shall be effective immediately upon is passage and publication. ADOPTED this __day of ,2006,by the City Council of Falcon Heights,Minnesota. BY: \TTEST: ustin Miller,City Administrator/Clerk CITY OF FALCON HEIGHTS Susan L.Gehrz,Mayor --5-1 .03 C.Itinerant Salespersons and Solicitors. 1 .Definition.The term "itinerant"salesperson means any person who sells or attempts to sell any goods where the solicitation or sale does not occur within a building,store or structure owned or leased by a business and properly zoned for commercial use.The term shall not include persons delivering goods sold upon commercial premises prior to the delivery,or persons distributing their products to regular customers on established routes,such as vendors of milk,groceries or newspapers. 2.License Reauired.Every itinerant salesperson must apply to the city clerk for license.Upon approval by council and issuance of the license,the license must be carried by the salesperson or be in his/her vehicle at all times.If a business employs more than one itinerant salesperson,a separate license is required for each salesperson.The license fee is as stipulated in Section 5-5.01 of this code and will not be prorated. 3.Hours of Operation.It shall be unlawful for itinerant salespersons and solicitors to engage in the business of peddling within the city between the hours of 7:00 P.M. and 9:00 A.M.the following morning,or at any time on Sundays,except by specific appointment with or invitation from the prospective customer. 4.Entrance to Premises Restricted.It shall be unlawful for itinerant salespersons and solicitors to enter upon any private premises when such premises are posted with a sign stating "No Peddlers Allowed"or "No Solicitation Allowed"or other words to such effect. 5.Exemptions.Itinerant salespersons acting on behalf of any religious association or any non-profit corporation registered with the state of Minnesota shall not be subject to this section provided the proceeds of any sales are being used for such charitable,religious or philanthropic purposes. However,upon providing proper proof of exemption,the city clerk shall issue a certificate to the organization listing the names and addresses of all salespersons acting on behalf of the organization.A copy of this certificate shall be carried by the salesperson or be in his/her vehicle at all times. 3 POLICY G2 10/25/06 TEM:Amendment to City Code Relating to Background Checks iUBMITTED BY:Justin Miller,City Administrator ~XPLANATION: n order to perfonn the background checks associated with the new solicitor licensing 'equirements,the city attorney has advised us that revisions need to be made to our city code. rhe state attorney general's office has provided guidance on what is needed in such an >rdinance,and our legal counsel has used this guidance in preparing the proposed ordinance. t\.CTION REQUESTED: ;taff recommends that the Falcon Heights City Council approve the attached ordinance llTIending the Falcon Heights City Code concerning background checks. CITY OF FALCON HEIGHTS RAMSEY COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING BACKGROUND CHECKS THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1.Chapter 2 of the Falcon Heights City Code is amended by adding Article VII to read as follows: The purpose of this Article is to authorize the City of Falcon Heights acting through a Police Department to conduct computerized criminal history and driver's license history background checks on employees,applicants for employment,volunteers and applicants for City licenses and other City approvals.The City may conduct comprehensive background investigations,including but not limited to accessing data through other automated and non-automated sources and contacting references.The City may periodically conduct a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the position.Before the investigation is undertaken,the person must authorize the Police Department in writing to undertake the investigation and to release the information to the City Administrator,and other City staff as appropriate. Should the City reject an applicant's request for employment due,partially or solely, to the applicant's prior conviction of a crime,subject to the exception set forth in Minnesota Statutes Section 364.09,the City Administrator shall notify the applicant in writing of the following: (a)The grounds and reasons for the denial; (b)The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364.06; (c)The earliest date the applicant may reapply for employment;and (d)All competent evidence of rehabilitation will be considered upon reapplication. SEOION 2.This ordinance shall be effective immediately upon is passage and )ublication. ADOPTED this __day of ,2006,by the City Council of Falcon -Ieights,Minnesota. CITY OF FALCON HEIGHTS BY:------------- Susan L.Gehrz,Mayor ATTEST: Justin Miller,City Administrator/Clerk