HomeMy WebLinkAboutCCAgenda_04Apr28•
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
Apri128, 2004
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CALL TO ORDER: 7:00 PM
ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
COMMUNITY FORUM:
PRESENTATION: Annual Report from the Saint Anthony Police Department
APPROVAL OF MINUTES: April 14, 2004
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
1. General Disbursements through Apri122, 2004: $ 96,995.69
Payroll (04/01/04-04/15/04): $ 11,710.85
2. Approval of the Police Services Contract with the City of Saint Anthony
Village for 2005 and 2006
3. Replacement of cable equipment
4. Approval of agreement between the City of Falcon Heights and the
Minnesota Department of Transportation for payment to the City for
the construction to be performed at Curtiss Field pond and Resolution 04-09
authorizing the Mayor and City Administrator to execute that agreement
5. Authorize the purchase of a John Deere 1445 commercial tractor from
Scharber and Sons, Inc., at a total cost of $23,223
POLICY AGENDA:
1. Turn back of Roselawn, Hamline and Hoyt Avenues from Ramsey County
REPORTS FROM COUNCIL MEMBERS:
INFORMATION AND ANNOUNCEMENTS:
TAB 1
TAB 2
TAB 3
TAB 4
TAB 5
TAB 6
TAB 7
TAB 8
• CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AMENDED AGENDA
Apri128, 2004
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. PRESENTATION: Annual Report from the Saint Anthony Police Department TAB 1
E. APPROVAL OF MINUTES: April 14, 2004 TAB 2
F. PUBLIC HEARINGS: None Scheduled
G. CONSENT AGENDA: #6 was added at the Council meeting
• 1. General Disbursements through April 22, 2004: $ 96,995.69
Payroll (04/01/04-04/15/04): $ 11,710.85 TAB 3
2. Approval of the Police Services Contract with the City of Saint Anthony
Village for 2005 and 2006 TAB 4
3. Replacement of cable equipment TAB 5
4. Approval of agreement between the City of Falcon Heights and the
Minnesota Department of Transportation for payment to the City for
the construction to be performed at Curtiss Field pond and Resolution 04-09
authorizing the Mayor and City Administrator to execute that agreement TAB 6
5. Authorize the purchase of a John Deere 1445 commercial tractor from
Scharber and Sons, Inc., at a total cost of $23,223 TAB 7
6. Consider approval of an amended and restated development agreement between
the City and the Falcon Heights Town Square Limited Partnership; an
amendment to the development agreement between the City and the Tow n
Square Senior Apartments LLC; and an amendment to the development
agreement between the City and Townhomes at Town Square LLC
H. POLICY AGENDA:
1. Turn back of Roselawn, Hamline and Hoyt Avenues from Ramsey County TAB 8
I. REPORTS FROM COUNCIL MEMBERS:
• J. INFORMATION AND ANNOUNCEMENTS:
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Introduction
• Honorable Mayor Council Ci
ty Administrator, and Falcon Heights
residents:
I am pleased to present to you the Police Department's 2003 Annual Report.
With domestic terrorism, conflict in Iraq, and hostilities in Afghanistan and
other parts of the world weigh heavy on the minds of all of us. With our
country and communities at risk of terroristic attack has lead to changes in
the way we conduct business. Over the past year, we have been preparing
for weapons of mass destruction and any significant events that could have a
devastating impact on our city. We have made these additional challenges to
meet with our needs and police mission.
2003 saw economic changes that have challenged local government to
provide the same level of service at a lower cost. The police department
continues to do more for less and provide for new and innovating ways to
deliver service to the community. Improving the over all quality of life for
our citizens is one of our goals and a priority in the police department and
• we will continue to work towards these ends.
Respectfully,
Richard Engstrom
Chief of Police
3
FALCON HEIGHTS ANNUAL PATROL STATISTICS
Prepared by Lt. Cotroneo
The most important responsibility of the Patrol Unit in a police department
is to be as visible as possible. It's this wide visibility, which makes the
police department accessible to the residents it serves, and acts as a deterrent
to criminal activity.
The patrol officers on the St. Anthony Police Department continued their
consistently high level of activity in the year 2003.
The Patrol staff issued 2371 citations in the City. Of the citations issued,
1667 were for moving violations (with 319 of those for speeding violations).
They also arrested 569 individuals during the course of their patrol duties
throughout the year.
The patrol staff continues to recognize and follow the Department's
Community Orientated Policing Strategy, which is to:
-Arrest offenders
-Prevent crime
• -Solve on-going problems
-Improve the overall quality of life
Their high visibility and activity, together. with teamwork, allows the Police
Department to provide the residents of Falcon Heights, with the level of
service they've come to expect.
Calls for Service 2002 - 1524
2003 - 1497
Report Incidents 2002 - 2341
2003 - 2026
2003 INVESTIGATIONS
AGENCY TOTALS
• Total Criminal Cases 1097
• Total Cases Cleared 574
• .Total Cases Cleared by Arrest 473
• Total Cases Cleared by Other 101
FALCON HEIGHTS
• Total Criminal Cases 257
• Total Cases Cleared 128
• Total Cases Cleared by Arrested 111
• Total Cases Cleared by Other 1 ~
50% Clearance Rate
NUTS: -These statistics DO NOT include traffic arrests, warrant arrests, ICR only
• offenses, and mysterious disappearances.
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PART I Murder Rape Robbery Agg ;Burglary Larceny MV Arson
Assault Theft
2003 0 1 0 2 14 111 7 0
2002 0 1 1 1 22 88 8 0
:PART TI Other
Assaults
2003 7
2002 i 2
Vandalism Terroristic Fraud/Forgery
Threats
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^ Agg As6~ 2 1
burglary 14 22
®Larceny '~ 11 88
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FALCON HEIGHTS SIGNIFICANT CASES
. Prepared by Captain Ohl
The police department works a large variety of criminal cases.
Commonplace arrests for narcotics violations, theft, assault, and damage to
property are part of our everyday caseload. However, to give the citizens an
idea of some of the more significant cases worked this year, we would
submit the following (this list is by no means exhaustive of the police
department's yearly case load):
• 2nd Degree Assault (03-1251) -Arrested one adult male
• Criminal Sexual Conduct (03-1904) -Suspect identified after
extensive investigation. Administrative subpoenas completed.
Suspect (adult male) arrested.
• Road Rage (03-2051) -Suspect vehicle information received. TXT's
sent. Unable to identify suspect.
• Felony Financial Transaction Card Fraud (03-3583) -One adult
arrested and charged at County Attorney's Office.
• 2nd Degree Domestic Assault (03-4008) -Squad arrested one adult.
Case charged at County Attorney's Office.
• Felony Theft (03-4286) -Suspect information received regarding
stolen vehicle. Suspect identified and arrested.
• Search Warrant (03-4387) -Assisted Hennepin County Investigations
with high-risk search warrant in Falcon Heights. One adult male
taken into custody.
•
• 2003 Falcon Heights Crime Prevention Summa
Prepared by Officer Mosby
Every member of our police department is involved with crime prevention.
Our community oriented policing strategy allows for every officer to get
involved with individual residents and businesses, addressing their concerns.
There is a specially trained Crime Prevention Officcer (Jon Mangseth) that is
assigned specifically to Falcon Heights. His added responsibilities include
setting up new block clubs and performing security surveys for homes and
businesses. In addition, I (Mosby) write the quarterly crime prevention
section that is published in the city newsletter.
The following is a list of crime prevention related events in Falcon Heights
that occurred during 2003:
01-21-03: Neighborhood Liaison Training
03-31-03: Met with Association President (1666 Coffman}
04-25-03: Falcon Heights Elementary Carnival
OS-15-03: Personal Safety Seminar at Falcon Heights City Hall
OS-20-03: Conducted Emergency Preparedness seminar (1666 Coffman)
OS-21-03: Neighborhood Liaison Meeting
06-12-03: Attended Block Party (1740 Pascal)
06-29-03: Attended Block Party (1868 Arona)
07-01-03: Attended Block Party (1729 Arona)
07-31-03: Attended Ice Cream Social, FH Community Park
08-05-03: National Night Out (Approximately 9 block parties attended)
08-06-03: Attended Block Party (1901 Simpson)
08-10-03: Attended Block Party (Arona/Ruggles)
08-16-03: Attended Block Party (1579 Hamline)
08-17-03: Attended Coffee Grounds 10~ AnniversaryBlock Party (1846 Simpson)
08-19-03: Attended Block Party 1539 Crawford
08-20-03: Neighborhood Comm. Meeting
08-26-03: F.H. Elementary "Back to School" Parade
09-04-03 : Block Party (1750 Albert)
09-07-03: Block Party (1710 St. Mary's)
09-12-03: Block Party (1891 Pascal)
09-17-03: Neighborhood Liaison Meeting
09-21-03: Block Party (1418 Iowa)
09-28-03 : Block Party (1861 Asbury)
10-15-03: Neighborhood Liaison Meeting
11-06-03: Emergency Preparedness Presentation (City Hall)
11-19-04:
i Neighborhood Liaison Meeting
2003 POLICE OFFICER EDUCATION SUMMARY
Prepared by Lt. Scholl
The year 2003 challenged St. Anthony Police Department's need for a
balanced education program, faced with budget restraints and the loss of
comp time, forced us to carefully examine need verses cost. Officers kept
their composure when certain schools were put on hold. Officers had to
adjust knowing schools will be attended with little to no overtime used.
Many came off their night shift tour and attended training during the day at
straight hourly wage.
SAPD made the best of a financially restricted year. We focused on
attaining grant-funded education offered through county, state, and federal
levels.
We met the goals of the MN Police Officer Standards and Training (POST)
education. All schools .increased in costs. All officers met state guidelines in
the following areas:
• Use of Force (liability, hands on, MN statutes, federal case law,
handcuffing, use continuum, verbal skills, ASP, Aerosols, practicals)
• OSHA, through Anoka County Community College
• Pursuit Driving, through St. Cloud State University (classroom, PIT,
and emergency techniques)
• Firearms Training (handgun, shotgun, less lethal, MP-5, 2 SIMS
shoots)
• Emergency Medical Services, through Hennepin County Medical
Center (1 ~ Responder and EMT)
In order to save on costs, we used our well-trained certified instructors to
cover needs in Use of Force and firearms. We conducted OSHA training at
our City Ha11 and kept costs down by changing certification through Anoka
County Community College. Even though pursuit driving and EMS training
expenses had increased, our researched showed that we receive better
training for a reduced cost then other POST certified options.
SAPD had a good year of training. SAPD was able to conduct 2 SIMS
shoots. Sergeant Diegnau received his management certificate through the
13
Bureau of Criminal Apprehension. Officer Wychor became a Sig Armorer.
• We received and got personal protection equipment and training. SAPD
also had joint county training in weapons of mass destruction and helped
form a critical response. All POST requirements were met. All officers met
their required POST hours.
Budget restraints will continue in 2004. We will meet our goals and continue
to seek well-balanced educational programs that will maintain our
professional edge.
Our firearms instructors had worked out plans with St. Anthony High School
to conduct an active shooter SIlVIS shoot for all officers. We are also
looking at the new Ramsey County LEC for low cost POST firearms
training. Law updates and case law training is also being scheduled. We
have eight officers in need of pursuit driving training and are seeking pursuit
intervention technique certification. Officer Sroga seeks his Use Of Force
Instructor Certification. Ground fighting will be an emphasis.
2003 Totals *
2002 Totals
2001 Totals
2000 Totals
Total Hours
1055
1414
1307
1676
1999 Totals* 1321
1998 Totals* 971
1997 Totals* 914
*Chief totals involved
POST Credited
657
1149
1021
1360
900
710
694
i4
2003 POLICE RESERVE SUMMARY
. Prepared by Lt. Scholl
The St. Anthony Police Reserves volunteered 2,272 hours for 2003. These
hours do not include police reserve administration time spent on meetings
and planning. We lost reserves in 2003. Two began their law enforcement
careers. Three left due to life changes. All left in good standing with
SAPD. One person, Jeff Johnson, joined our unit. The St. Anthony Police
Department obtained Mr. Johnson from the Minneapolis Police Department.
All reserves are well trained, including Mr. Johnson. The St. Anthony
Police Department reserve strength currently stands at 10 members with no
one on leave.
Hours attributed to reserve patrol totaled 1286. This time was spent with
patrolling cities, vehicle lockouts, vehicle impounds, minor assists, medicals,
transports, animal complaints, parking enforcement, and other tasks that they
were directed to assist with by sworn officers.
Hours attributed to special events totaled 608. Our police reserves assisted
. with school carnivals, St. Charles Mardi-Gras, Villagefest, local parades,
National Night Out, school dances, sporting events, State Fair, and other
events. Event hours nearly doubled 2002 hours and this was done with
fewer officers.
Reserve Sergeant Gary Myrick, once again, led in hours served.
Due to restraints, training was down a bit for 2003. Reserves received
training from the Hennepin County Sheriff's Department. Many reserves
received search and rescue training. We met our EMS training goals
covering both l~` Responder and EMT. All reserves received basic 800 MHz
schooling.
Police reserves assisted SAPD as role players during our in-house Use of
Force and SIMS shoots. Several reserves also testified in court due to
situations, which occurred while on duty.
For the first time, our reserve make-up consists of a majority of people who
do not intend to enter the field of law enforcement. Although our total hours
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are down, total numbers of individual volunteer hours are on the increase.
Our reserves have formed a cohesive unit and really take pride in being a
professional, well-trained, all volunteer program.
Structural changes implemented fully in 2003 helped in obtaining event
coverage. The patrol schedules were completed further in advance.
Adjustments needed for shift fill were easier to complete.
Goals for 2004 include Jeffrey Johnson's reserve graduation and completion
of field training, assist with active shooter training as role players, update
business key holder information, continue high hours, complete Use of
Force training, conduct in house training, locate 1-3 qualified candidates,
and maintain our positive image in the community we serve.
•
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2003 ACCOMPLISHMENTS
We continue to meet such routine successes as state and federal training
mandates, coding standards, maintaining POST mandated rules and
regulations, and the operation of an effective and professional agency. Iri
addition to these routine successes, we also note the following for 2003:
• Officer turnover stilt low. Again, we lost no officers this year. This keeps
trained/experienced officers in St. Anthony.
• Maintained representation in a grass roots community organization
called the Family Services Collaborative.
• Continued work with Hennepin and Ramsey Counties regarding
WMD's/terrorism and emergency operations.
• Completed all POST mandated Use of Force training utilizing our own
instructors.
• Met all State and Federal training mandates.
• Set up link with State Department of Motor Vehicles allowing us to
download state driver's license information including driver's license
photos.
• Set up technology to submit criminal cases to Hennepin County entirely
electronically.
• Received positive air purifying respirators thru grant funds and
implemented training.
• Trained all officers in WMD/terrorism response.
• Received grant funds and implemented an underage alcohol enforcement
program.
• Received grant to conduct alcohol compliance checks.
• Received digital camera from a Best Buy grant.
• Completed a 4-wave saturation patrol for DWI offenders thru a state
"Nitecap" grant.
• Participated in a major WMD critical incident exercise involving multiple
local, county, state, and federal agencies. The exercise simulated 100
dead and 400 wounded.
• Safely and effectively worked with our new 800 Megahertz system.
• Worked with Public Works on infrastructure security, water supply in
particular.
• Received MARK I Kits and trained all officers in their use.
• Met all minimum training requirements while limiting the use of
overtime.
17
•
CITY OF FALCON HEIGHTS
COUNCIL MINUTES
Apri114, 2004
Mayor Gehrz called the regular Council meeting to order.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb,
Peter Lindstrom and Richard Talbot
Also present: City Administrator Heather Worthington, City Engineers
Terry Maurer and Greg Robinson/H.R. Green, Parks and Public
Works Director Bill Maertz, Park Commission Chairperson
Chuck Long and Deputy Clerk Mary Shea Kodluboy
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATION: None Scheduled
APPROVAL OF MINUTES: Council member Kuettel asked that the word to be added
. on page 9, first paragraph, ninth sentence, with the sentence to read: Now the City is going
to walk in and say that all of those customers, all of those clients, have to be turned over to them.
Mayor Gehrz asked that a number be changed on page 16, first paragraph, sixth sentence,
with the sentence to read: One truck is the equivalent of 857 cars. The Council minutes
dated March 24, 2004 were unanimously approved as amended.
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
Kuettel moved approval of the Consent Agenda, as outlined below. The motion was
unanimously approved.
6. General Disbursements through Apri19, 2004: $ 180,566.71
Payroll (03/15/04-03/30/04): $ 11,335.35
2. Formally adopt 2003 special revenue fund budgets for CAFR presentation
3. Award street sweeping contract for 2004 to low bidder, Mike McPhillips, Inc.
in the amount of $15,600
Mike McPhillips, Inc. $15,600
ASTECH Corp. $15,700
Allied Blacktop $18,490
18
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
. Apri114, 2004
POLICY AGENDA:
Approval of Curtiss Field improvements and authorization to solicit bids
Parks and Public Works Director Bill Maertz and Park Commission Chairperson Chuck Long
utilized the LCD projector to make a presentation about Curtiss Field, its current condition, and
the final design concept that the Park Commission is recommending for approval by the City
Council. A summary of their presentation is outlined below.
In 1989, the City commissioned a study to develop a comprehensive park plan and an assessment
of City facilities. At that time it was determined that the storm system at Curtiss Field needed
immediate attention and the pond area was top priority. In recent years Curtiss Field has been
prone to flooding. In 2001, the Park Commission began exploring options to reduce the flooding
and enhance recreation opportunities. In 2002, the City hired the engineering firm SEH
to conduct a feasibility study. This study indicated the pond was clogged with sediment and
undersized. Three design options were developed and three neighborhood meetings were held
to solicit feedback that was used to help refine the plans. The plans were reviewed by the
Minnesota Department of Transportation as part of the Municipal Agreement Program.
The Capitol Region Watershed District also reviewed the plans and made suggestions. In
March 2004, the Park Commission voted unanimously to recommend the final design concept
for Council consideration. The Council is being asked to approve the plans for Curtiss Field
and to authorize staff to solicit bids.
PROJECT DESCRIPTION
^ Close Snelling Drive and enlarge pond
^ Excavate pond and remove organic sediment
^ Remove Cottonwood and Siberian elm trees adjacent to pond
^ Plant trees along Snelling to create visual barrier
^ Path around pond area and link to neighborhood through existing sidewalk
^ Gazebo overlooking pond area
^ Remove old chain link fence and install ornamental fence axound tot lot, and new fence
between neighbors to the East and the park
^ Replace cracked and settled concrete near warming house
^ Replace determinate storm sewer pipes adjacent to Curtiss Field
PROJECT COSTS
Storm Sewer and Pond
^ Removals ------------------------------------- $ 75,980
^ Storm sewer----------------------------------- $ 36,810
^ Water main ----------------------------------- $ 9,385
^ Grading and pavements----------------------$118,465
14
FALCON HEIGHTS CITY COUNCIL MINUTES
April 14, 2004
Approval of Curtiss Field improvements and authorization to solicit bids (continued)
PROJECT COSTS
Park Improvements
^ Park Appurtenances--------------------------$ 42,040
^ Landscaping-----------------------------------$ 72,745
10% Contingency--------------------------------------$ 35,542
TOTAL
$ 390,967
ENGINEERING COSTS
^ Inspection--------------------------------$15,000
^ Surveying and staking----------------- $11,000
^ Project Administration---------------- $ 7,500
TOTAL $33,500
FUNDING SOURCES
^ Sherman &Associates------------------$150,000
. MN DOT Cooperative Agreement --- $ 39,986
^ Municipal State Aid-------------------- $ 66,398
^ City of Falcon Heights----------------- $168,083*
TOTAL $424,468
* Storm Sewer Enterprise Fund has $200,000 Budgeted for Curtiss Field in 2004
PROJECT BENEFITS
^ Reduced flooding
^ Increases recreation opportunities
^ Pond area will be dry much of the time
^ Visually enhances neighborhood
^ Creates pedestrian link to SE corner redevelopment
^ Saves the cost of reconstructing this portion of Snelling Drive ($56,845)
^ Reduces cut through traffic
-3-
Park Commission Chair Long said the improvements being proposed will help accomplish the
Park Commission's goal to provide a variety of activities for both active and passive recreation,
in close proximity to the residents. It will help accomplish the City's goals to provide parks that
serve and are accessible to community residents of all ages, now and in the future; and to use the
parks to enhance the neighborhood and the City.
~0
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FALCON HEIGHTS CITY COUNCIL MINUTES -4-
Apri114, 2004
Approval of Curtiss Field improvements and authorization to solicit bids (continued)
Park Commission Chair Long said the final design concept will help accomplish two of the
City's 2004 budget goals: To sustain and promote the City's unique neighborhoods; and
to expand opportunities for the interaction and involvement of citizens of all ages in their
neighborhoods and community.
Council member Lamb said that if the final cost of the improvements is less than the
$424,000 being projected, will the City's portion, projected to be $168,000, decrease, or will
there be proportional adjustments in the contributions from all of the funding sources? Parks
and Public Works Director Maertz said the City's portion will decrease. Council member Lamb
asked what the cost would be if the City only replaced the corroded pipe. Parks and Public
Works Director Maertz said the utility work will cost $240,000. The corrugated metal pipes are
badly deteriorated and will be replaced with concrete. One pipe has been pierced by utility
borings and the concrete connecting structures are crumbling. Council member Lamb asked
about the timetable for the project. Parks and Public Works Director Maertz said it is slated to
begin in mid-May. The pond will be graded in late June and the plantings will be done later in
the summer. Council member Lamb said that he understands and supports the project. Is the
usable recreational space in the park going to be increased? Parks and Public Works Director
Maertz said it will be increased quite a bit. A path will be constructed around the paxk. It will be
ADA compliant. The pond will be dry most of the time.
Council member Kuettel said that she noticed Curtiss Field isn't scheduled for any recreational
programs this summer. At what point will it be available? Parks and Public Works Director
Maertz said the tot lot will be available bymid-summer and the rest of the park will be available
by hockey season. Council member Kuettel commented on the smells that emanate from the
park at certain times of the year. She asked about the fencing and Parks and Public Works
Director Maertz said that it will be black coated vinyl.
Council member Lindstrom commented on the garbage and smell. He commended everyone
for sticking with this for the last couple of years. The reports go back to the late 1980's. He
lives a block away and sees it every day. In response to his question about construction
disruptions, Parks and Public Works Director Maertz said a weekly newsletter will distributed so
that residents will know when they will be affected. Staff will work with the residents to help
them find alternatives. Council member Lindstrom recommended having a community
neighborhood walk through in the next couple of weeks.
Administrator Worthington said there will be inspectors from H. R. Green on-site. They will be
available for neighborhood services.
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FALCON HEIGHTS CITY COUNCIL MINUTES -5-
April 14, 2004
Approval of Curtiss Field improvements and authorization to solicit bids (continued)
Council member Talbot thanked everyone who has volunteered their time. He commented that
he won't be able to swim around second base anymore! In response to his questions about the
pond's incline along the western edge, vegetation, trees, path location, people and vehicular
traffic at State Fair time, Parks and Public Works Director Maertz said the incline around the
pond will be gradual. The trees and bushes, particularly along the western edge, will be quite
dense. The trees will be very large and will have atwo-three year warranty. The path will loop
around the pond and run along Snelling Drive. Idaho Avenue will be posted as a dead end street,
but the only option for the apartment building tenants will be via Idaho. Council member Talbot
asked if it would be possible to flood the pond and use it for skating. Parks and Public Works
Director Maertz said the pond could be flooded and groomed, but until the actual pond contours
are in place, he would not want to commit to that. Council member Talbot asked if any of the
four funding sources are in jeopardy because of budgetary cuts and Administrator Worthington
told him no.
Mayor Gehrz thanked everyone, particularly the Park Commissioners and Council Liaisons,
past and present, who contributed their time and energy toward this project: Patrick Dolan,
Denise Deen, John Rothlisberger, Chuck Long, Jim Evans, David buckler, Donna Daykin,
and Council Liaisons Bob Lamb and Laura Kuettel. She said that Curtiss Field is the only park
that the City owns and it is a wonderful amenity for the community. She asked how the Park
Commission will celebrate this park and what the implications are regarding maintenance and
staff time. Parks and Public Works Director Maertz said that a special ribbon cutting ceremony
might be held. H. R. Green is putting together a maintenance schedule, which will include
vacuuming of the leaves every fall. Mayor Gehrz recommended the planting of native plants and
asked if the City will be able to get anything donated. Parks and Public Works Director Maertz
said there have been some conversations about that.
Council member Kuettel said that it is important to have trees that will be hardy and appropriate
for this climate. Parks and Public Works Director Maertz said the trees will be tolerant for this
zone, plus they will be salt tolerant.
RESOLUTION 2004-08
Kuettel moved adoption of Resolution 2004-08 accepting the plans and specifications for Curtiss
Field and authorizing advertisement for bids. The motion was unanimously approved.
•
as
FALCON HEIGHTS CITY COUNCIL MINUTES -6-
• Apri114, 2004
REPORTS FROM COUNCIL MEMBERS:
Council member Lamb said the City received a thank you letter from Keystone Community
Services, the local community food shelf. He read it aloud to the viewing audience and asked
that it be included as a part of the permanent record, as outlined below.
"Thank you so much for your generous collection of $1,000.00 and 3,000 pounds of food to
Keystone Community Services' Food Shelf Program through your City-wide food drive. As you
may already know, Keystone Community Services resulted from the merger of Merriam Park
Community Services and Neighbor to Neighbor, two community-based agencies with similar
services, missions, values and a long history of working together. Keystone provides a range
of quality human services for children and youth, individuals and families, and seniors. We
appreciate your donation and your choosing Keystone to meet human service needs and help
make life in our community better for all our neighbors. With your help and the help of more
than 60 dedicated volunteers, we expect to distribute over 500,000 pounds of food through
10,000 food shelf visits in 2004. With the merger we now run four food shelves. Our Midway
food shelf alone saw as many as 500 visits a month in 2003. We always like to hear from you.
We value your input as well as your support. Again, thank you."
. Council member Lamb thanked the viewing audience for their generosity. He said that for
every $1.00 cash donation, the food shelf is able to purchase $7.00 worth of goods. It is his
understanding that this is the only City-wide food drive that has been done and he believes the
City Council is planning to make this an annual event. He thanked the Lions for their pickup and
delivery services, the sponsors, and the people who volunteered their homes as drop-off sites. It
is important for the community to give and important for the residents of the community to go
and get what they need. The phone number for Keystone Community Services is 651-645-0349.
The food shelf is located at the Fairview Community Center, Fairview Avenue and County Road
B.
Council member Kuettel said the students at Falcon Heights Elementary School brought in 2,000
pieces of food. She said she also wanted to add that Thursday, April 16, will be a big day in
Falcon Heights because the new Dino's restaurant will be opening. The building is absolutely
beautiful and she recommended that residents go to Dino's.
Council member Lindstrom said the City has a Friends of the Park Fund. All donations are tax
deductible and the donations are used to help fund park improvements and provide scholarships
for children who are in financial need so they can participate in the summer recreational
programs. For more information, call the City at 651-917-1287.
Council member Talbot recommended that residents support all of the City's restaurants and
cafes: Chin's Kitchen, Ciatti's, Coffee House, Dino's Gyros and the Garden View Cafe.
[7
~3
FALCON HEIGHTS CITY COUNCIL MINUTES -7-
• Apri114, 2004
REPORTS FROM COUNCIL MEMBERS (continued)
Mayor Gehrz reminded everyone that effective Apri13, Ramsey County residents can dispose
of their wood waste (no stumps or treated wood) at four compost sites. The closest compost site
for Falcon Heights residents is located in the Midway at Pierce Butler and Fairview. She said
that at the last Council meeting in March, there were questions raised about whether the
regeneration plant is actually ready to take care of wood. County Commissioner Rettman did
research and found there had been some glitches. There wasn't enough wood, initially, to give
them the level of burn that they needed. They think they have that problem solved.
She showed the viewing audience the "Best in Real Estate" award from The Business Journal
that the City and George Sherman were given at a presentation held on Thursday, April 1, at the
Minneapolis Hilton. The award is symbolic that everyone helped create a vision and a plan for
SE Corner. The panel of judges was made up of people who are very knowledgeable. Everyone
can be very, very proud.
INFORMATION AND ANNOUNCEMENTS:
Administrator Worthington reminded the viewing audience that it is extremely dry and there is a
very, very high fire danger. She asked that no one have any recreational fires and said the City is
not allowing any prescribed burns at this time either.
The regular City Council meeting was adjourned at 8:10 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
•
a~
U
•
•
•
•
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
CONSENT G1
4/28/04
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
1. General Disbursements through Apri122, 2004
in the Amount o£
2. Payroll (04/01/04-04/15/04):
ATTACHMENTS:
• General Disbursements on pages ~i•01
• Payroll on page ~_
ACTION REQUESTED:
• Approval
$ 96,995.69
$ 11,710.85
DATE 04/22/04 TIME 10:27 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
APPROVAL OF SILLS
PERIOD ENDING: 4-22-04
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
43318 MINNESOTA STATE TREASURER 1ST QTR BLDG SURCHARGES 1,981.30
*** TOTAL FOR DEPT 00 1,981.30
43316 LAURA KUETTEL REISSUE LOST PAYROLL CK LEGISLAT 277.05
RCLLG 2004 MEMBERSHIP LEGISLAT 265.30
LILLIE SUBURBAN NEWSPAPER LEGAL HEARINGS LEGISLAT 36.28
LILLIE SUBURBAN NEWSPAPER SOLID WASTE HEARING LEGISLAT 10.56
*** TOTAL FOR DEPT 11 589.19
43311 US BANCORP ICMA ASSESSMENT INFO ADMINIST 302.29
METROPOLITAN AREA MANAGE- MAMA LUNCHEON EXPS ADMINIST 18.00
43315 PERA PERA APRIL 1-15 ADMINIST 1,438.65
43314 TRAVIS KARLIN REFUND COMM PK RENTAL ADMINIST 40.00
GTS 04 MCFOA CONF-KODLUBOY ADMINIST 230.00
COORDINATED BUS. SYSTEMS, COPIER MAINT 2ND QTR 04 ADMINIST 710.70
*** TOTAL FOR DEPT 12 2,739.64
MAUREEN ANDERSON REIMB FOR VIDEO TAPES COMMUNIC 27.66
NORTH SUBURBAN ACCESS CO. MAUREEN CABLE WORK REIMB COMMUNIC 67.32
NORTH SUBURBAN ACCESS CO. WEB PROGRAM COMMUNIC 491.07
NORTH SUBURBAN ACCESS CO. REIMB MAUREEN CAHLE WORK COMMUNIC 100.80
CITY OF ROSEVILLE APRIL/04 COMPUTER SUPPRT COMMUNIC 725.00
43313 DINO'S DINO'S OPENING COMMUNIC 150.00
43312 DINO'S DINO'S OPENING COMMUNIC 100.00
*** TOTAL FOR DEPT 16 1,661.85
CITY OF WHITE BEAR 04 GIS SUPPORT RAMSEYCTY PLANNING 529.00
*** TOTAL FOR DEPT 17 529.00
ST ANTHONY VILLAGE MAY/04 POLICE POLICE 38,585.84
*** TOTAL FOR DEPT 22 38,585.84
BEARCOM RADIO REPAIR FIRE FIG 72.50
THE HOOVER COMPANY VACCUUM CLEANER REPAIR FIRE FIG 284.33
OXYGEN SERVICE COMPANY TANK RENTALS FIRE FIG 35.00
REZNY,BRADLEY REIMB ORIENTATON EXPS FIRE FIG 37.02
VERIZON WIRELESS CELL PHONE CHRGS FIRE FIG 21.76
MN FIRE SVC CERT. BOARD FIRE RECERTIFICATIONS FIRE FIG 30.00
*** TOTAL FOR DEPT 24 480.61
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 37.14
J.O. THOMPSON INC. PAINT CITY HAL 126.36
*** TOTAL FOR DEPT 31 163.50
BUMPER TO BUMPER OIL FILTERS STREETS 16.98
CITY OF ST PAUL FUEL STREETS 138.60
ONE CALL CONCEPTS, INC MAR/04 LOCATES STREETS 48.30
GRAINGER, W. W., INC. STREET LIGHT BULBS STREETS 350.09
GRAINGER, W. W., INC. STREET LIGHT BULBS STREETS 49.85
RAMSEY CTY PUBLIC WORKS MARCH SNOWPLOWING/SANDNG STREETS 4,092.76
UNITED RENTALS RENT SWEEPER RIDE - TRK STREETS 565.32
*** TOTAL FOR DEPT 32 5,261.90
I ~ MUSKA ELECTRIC WIRE AIR COMPRESSOR PARK & R 179.77
~~
DATE 04/22/04 TIME 10:27 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 4-22-04_
~K# VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- ------
ON SITE SANITATION PORTABLE TOILET -COMM PK PARK & R 70. 65
UNITED RENTALS 2 SILT FENCES PARK & R 55. 27
*** TOTAL FOR DEPT 41 305. 69
43311 US BANCORP FLASHLIGHT FOR CERT CCC/CERT 21. 29
CONTINENTAL SAFETY EQUIP CERT EQUIPMENT BAGS CCC/CERT 252. 64
43317 GALLS INCORPORATED 4 IN 1 EMERGENCY TOOL CCC/CERT 173. 60
GALLS INCORPORATED SHEARS/GAUZE/STERILEPADS CCC/CERT 88 .31
GEHRZ, SUE REIMB CERT KIT SUPPPLIES CCC/CERT 345 .60
INDUSTRIAL SAFETY CO FLUORESCENT TAPE CCC/CERT 39 .72
*** TOTAL FOR DEPT 54 921. 16
AFFORDABLE PROCESSING SOL DISPOSE FLOURESCNT LITES SOLID WA 120.39
*** TOTAL FOR DEPT 56 120.39
KESTREL DESIGN GRP INC TROLLEY PATH DESIGN PUBLIC W 2,202.84
KESTREL DESIGN GRP INC TROLLEY PATH DESIGN PUBLIC W 362.78
MIDWEST PLAYSCAPES INSTALLION PLAYSCAPE EQP PUBLIC W 3,898.49
KINKO'S INC. TOLLEY PATH HANDOUT PUBLIC W 51.18
*** TOTAL FOR DEPT 65 6,515. 29
METROPOLITAN COUNCIL, MAY/04 S.S.
*** TOTAL FOR DEPT 75
•
*** TOTAL FOR BANK O1
*** GRAND TOTAL ***
•
SANITARY 37,140.33
37,140.33
96,995.69
96,995.69
~1
PERIOD END DATE 04/15/04 **FILE NOT UPDATED**
SYSTEM DATE 04/14/04
C H E C K R E G I S T E R
HECK CHECK EMPLOYEE NAME
TYPE DATE NUMBER
PAGE 1
CHECK CHECK
NUMBER AMOUNT
4 14 04 34 CLEMENT KURHAJETZ 33541 93.97
4 14 04 40 KEVIN ANDERSON 33542 45.95
4 14 04 42 MICHAEL D CLARKIN 33543 129.30
4 14 04 66 ALFRED HERNANDEZ 33544 118.44
4 14 04 74 MARK J ALLEN 33545 54.95
4 14 04 85 DANIEL S JOHNSON-POWERS 33546 64.81
4 14 04 87 MICHAEL A MCKAY 33547 81.96
4 14 04 90 ANDREW P SCHIPPEL 33548 151.45
4 14 04 91 RICHARD H HINRICHS 33549 200.05
4 14 04 97 PATRICK GAFFNEY 33550 176.62
4 14 04 98 BRADLEY J. REZNY 33551 210.47
4 14 04 101 DALE E HUFF 33552 80.35
4 14 04 102 TIMOTHY B SYLVESTER 33553 72.62
4 14 04 103 LEE C GRIFFITH 33554 62.33
4 14 04 104 VINCENT A VANN 33555 53.33
4 14 04 1003 HEATHER WORTHINGTON 33558 1501.84
4 14 04 1007 PATRICIA PHILLIPS 33559 694.84
4 14 04 1013 WILLIAM MAERTZ 33560 1629.84
4 14 04 1030 MARY A. KODLUBOY 33561 1338.63
4 14 04 1033 DAVE TRETSVEN 33562 1050.35
4 14 04 1038 DEBORAH K JONES 33563 1202.30
4 14 04 1041 DANIEL S JOHNSON-POWERS 33564 76.98
4 14 04 1136 ROLAND O OLSON 33573 1371.61
4 14 04 1137 MARK C. HANSMEIER 33565 180.08
4 14 04 1138 ANN E. DAVY 33566 305.67
4 14 04 1143 COLIN B CALLAHAN 33567 546.35
4 14 04 1181 LEAH A BICKLER 33568 136.80
4 14 04 2035 ROSS A. HERNANDEZ 33569 24.01
4 14 04 2048 THOMAS J. BEALKE 33570 54.95
COMPUTER CHECKS 11710.85
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 11710.85
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' ~ , April Statement for activity from Mar. 05, 2004 through Apr. 06 2004 Inquiries: 1-866-485-4545
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Activity Summary Credit and Payment Information
Previous Balance..........: ...................... $380.96 .Credit Line ................................................... $5,000.00
Payments and Credits ......................... $380.96 Available Credit...................................:....... $4,676.42
Advances & Other Debits $323.58 Minimum Payment Due (Current Month)...
Purchases $10.00
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Payment Due Date .................................... Apr. 26, 2004
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Date Date Nbr Description of Transaction Amount Notation
Payments and Credits
03/15 0099 PAYMENT THANK YOU ......................................................... $380.96 CR _ _ _ _ _ _ _ _ _ _
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BALANCE TRANSFER $0.00 $O.OO 0,031232% VARIABLE $0.00 11,40%
58 $0.00 0.031232% VARIABLE $0.00 11.40%
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ADVANCES $0.00 $0.00 0.040821% VARIABLE $0.00 14.90% 0.00% N
End of Statement
P/ease detach and send coupon with payment. CPN 000107109
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For Cardmember Service please call:
1-866-485-4545 Every Hourf Every Day!
000323589
23780UQ
CITY OF FALCON HEIGHT
HEATHER WORTHINGTON
2077 LARPENTEUR AVE W
FALCON HGTS MN 55113-5551
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U.S. Bank
P.O. Box 790408
St Louis, MO 63179-0408
PLEASE DO NOT FOLD THIS COUPON.
Please make sure U.S. Bank shows in the window.
Please make check payable
to: U.S. Bank
•
•
CONSENT G2
4/28/04
ITEM: Approval of the Police Services Contract with Saint Anthony Village
for 2005 and 2006
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Roger Knutson, City Attorney
EXPLANATION:
Summary: Attached is the proposed 2005-06 Police Contract with St. Anthony Village. The
contract reflects a 3.0% increase for contract year 2005, and a 3.25% increase for the last year
of the contract, 2006.
The contract is reviewed and renegotiated every two years, in step with the police union contract
negotiations. The union and the city have not yet reached an agreement; however, St. Anthony
Village has requested that we complete our renewal of the contract on our normal schedule.
In January, all three cities involved in the contract (Lauderdale, Falcon Heights and St. Anthony)
met and discussed the contract. All parties were represented by their city administrators. The
cities were encouraged to raise issues of concern and discuss the contract in detail.
The current contract expires at the end of 2004. The new contract would commence
on January 1, 2005.
ATTACHMENTS:
• Letter from Mike Mornson, City Manager, St. Anthony Village on pa e ~_
• Draft Joint Powers Agreement For Police Services on pages
ACTION REQUESTED:
• Discussion and approval.
.,
'n th
illa e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
March 15, 2004
Heather Worthington
City of Falcon Heights
2077 West larpenteur Avenue
Falcon Heights, MN 55113
Dear Heather:
Enclosed are two updated copies of the Police Services Contract for 2005
and 2006 with the City of St. Anthony. Upon Council's approval, please have
both copies signed by the appropriate individuals and forwarded to me. I will
forward a completed copy to you for your files.
Sincerely,
Michael ornson
City Manager
Enclosure
i•
Our Mission is to be a progressive and linable community,
a walkable village, which is safe and secure.
31
JOINT POWERS AGREEMENT
• FOR POLICE SERVICES
This Agreement is made and entered into as of , 2004
between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the
State of Minnesota ("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal
corporation under the laws of the State of Minnesota ("Falcon Heights"). The services
to be performed under this Agreement will commence January 1, 2005.
I. PURPOSE
St. Anthony and Falcon Heights have the power within their respective cities to
provide for the prevention of crime and for police protection. Under Minnesota
Statutes, Section 471.59, the cities may, by agreement, provide for the exercise of the
police power by one city on behalf of the other city.
This Agreement sets forth the terms and conditions under which St. Anthony will
provide police services for Falcon Heights. St. Anthony will have full authority and
responsibility to provide services in accordance with all enabling legislation under the
laws of the State of Minnesota and the ordinances of Falcon Heights. St. Anthony will
provide feedback to the Falcon Heights City Administrator and City Council on a
• regular and timely basis, and will actively support the creation of a joint advisory
committee pursuant to Section IX of this Agreement, whose members come from both
cities, and whose purpose is to review, monitor, and ensure a successful relationship
between the two cities under this Agreement.
II. INTERPRETATION
This Agreement is entered following the preparation by Falcon Heights of a Request
for Proposal for Police Services and the submission of a responsive Proposal by St.
Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement
are inconsistent with the provisions of the Proposal, the provisions of this Agreement
will control. If any provision of this Agreement is ambiguous, the parties agree that
the Proposal may be looked to as evidence of the parties' intent.
III. SERVICES
St. Anthony will provide Falcon Heights with 24 hour police service, and will
physically place a certified officer within the boundaries of Falcon Heights 24 hours
each day, except in those instances when the officer makes an arrest and transports
a prisoner, during mutual aid situations, when providing a backup for another officer,
or when called away for a court appearance, booking or similar police matter. Subject
•
3a
Joint Powers Agreement
• for Police Services
Page 2
to these exceptions and in normal circumstances, St. Anthony will provide 24 hour
police protection and police presence each day within the City of Falcon Heights. In
those instances stated above when an officer is not physically present in Falcon
Heights, St. Anthony will respond to emergency police calls with other officers.
IV. LEVEL OF SERVICES
During the term of this Agreement, St. Anthony will provide to Falcon Heights the
same police service extended to persons and property within St. Anthony, which will
include, but be limited to, the following:
A. Patrol services, with random patrolling of all residential, business and
public property areas during all shifts;
6. Police presence within the boundaries of Falcon Heights 24 hours each
day, subject only to the exceptions noted above;
C. Animal control services as provided within the City of St. Anthony by the
• animal control service employed by St. Anthony;
D. Enforcement of all ordinances of Falcon Heights which are intended to
be enforced by police officers, with special attention being given to
parking, winter and nuisance ordinances;
E. Ticketing for traffic violations will be done routinely during normal shifts;
F. Crime prevention programs that encourage community involvement and
investment in the City of Falcon Heights, including participation in the
Mayor's Commission, Family Violence Network, Neighborhood Watch
Programs, "McGruff Houses," and "Combat Auto Theft" programs; in
appropriate eases, referrals will be made to the Northwest Youth and
Family Services Youth Diversion Program;
G. Criminal investigations, crime lab service and supervisory service;
H. Reports on police services and activities, including weekly, monthly and
annual police reports;
I. Responses to medical emergencies, fires and other emergencies;
responses shall include, where appropriate, securing the scene for
• fire/rescue personnel, accompanying fire/rescue personnel to the hospital
33
Joint Powers Agreement
• for Police Services
Page 3
upon request of such personnel, and providing follow-up information to
fire/rescue personnel upon request of such personnel;
J. Officers will be available at Falcon Heights City Hall to answer questions
from, and provide information regarding police activities to, Falcon
Heights residents, business owners and staff on an as-needed basis;
K. License inspections, background investigations and license enforcement
services as called for under applicable state law or city ordinances;
L. Review and comment, upon request, of proposed Falcon Heights
ordinances affecting police services or enforcement;
M. Follow-upon reported crimes with the person(s) who reported the crime,
including routine notification by telephone or mail as to the status of the
investigation; and
N. Special event traffic patrol services, including ten days per year during
• the State Fair; and other events such as periodic parades and the
National Street Rods Association Convention.
V. PAYMENT FOR SERVICES
This Agreement will be effective January 1, 2005 and will continue until December 31,
2006, In consideration of the services to be provided under this Agreement, Falcon
Heights will pay St. Anthony an annual fee of $476,921 for the year 2005, and an
annual fee of $492,421 for the year 2006, for the police services under this
Agreement. This Agreement will be effective January 1, 2005 and will continue
indefinitely unless canceled in accordance with the procedure outlined in Section XX
of this Agreement. Inconsideration of services provided for under this Agreement, St.
Anthony and Falcon Heights shall establish the fee for these services on a biennial
basis by May 15th of the even numbered year preceding each biennium.
VI. METHOD OF PAYMENT
St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon
Heights will promptly remit payments to St. Anthony within 30 days after receiving
each billing from St. Anthony.
C~
34
Joint Powers Agreement
• for Police Services
Page 4
VII. LIABILITY
St. Anthony will be responsible for all liability incurred as a result of the actions of St.
Anthony police officers under this Agreement, and will hold Falcon Heights, its officers
and employees harmless for any liability resulting from actions of a St. Anthony
employee and shall defend Falcon Heights, its officers and employees, against any
claim for damages arising out of St. Anthony's performance of this Agreement;
provided, however that if the claim, action or liability is one which is insured by St.
Anthony's liability insurer, Falcon Heights will bear the first $5,000.00 of expense for
any such claim, action or liability, or expenses relation thereto, including attorneys'
fees, to the extent not covered by the insurer because of a deductible amount under
the policy (which deductible amount is currently $10,000.00).
VIII. ADMINISTRATIVE RESPONSIBILITY
The law enforcement and police services rendered to Falcon Heights will be under the
sole direction of St. Anthony. The standards of performance, the hiring and discipline
of officers assigned, and other matters relating to regulations and policies related to
police employment, services and activities, will be within the exclusive control of St.
Anthony. The parties hereto expressly affirm the importance of work force diversity
and St. Anthony agrees to use reasonable efforts, within applicable departmental
budgetary limits, to recruit qualified female and minority police officers through the
Minnesota Police Recruitment System.
IX. JOINT ADVISORY COMMITTEE
Both cities will appoint members to a joint advisory committee. The committee will
meet at least four times each year to ensure that this Agreement and the services
performed pursuant to this Agreement are meeting the expectations of both cities.
Any recommendations of the committee will be strictly advisory.
X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES
St. Anthony will furnish all communication equipment and any necessary supplies
required to perform the services which are to be rendered under this Agreement.
XI. COOPERATION AND ASSISTANCE AGREEMENTS
Falcon Heights will be included in all cooperative agreements entered into by the St.
Anthony Police Department with other police services units.
•
3S
Joint Powers Agreement
• for Police Services
Page 5
XI I. HEADQUARTERS
Headquarters for services rendered to Falcon Heights under this Agreement will be
located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may
notify headquarters or Ramsey County radio dispatch for police services requested
either in person or by some other means of communication. St. Anthony officers may
take routine telephone calls and complete routine reports for Falcon Heights at the
Falcon Heights City Hall, and Falcon Heights will have facilities available to the officers
at Falcon Heights City Hall for this purpose. The facilities will include a desk,
telephone, fax and copier.
XIII. EMPLOYEES OF ST. ANTHONY
Officers assigned to duty in Falcon Heights will at all times be employees of St.
Anthony. All obligations with regard to workers compensation, PERA, withholding
tax, insurance, and similar personnel and employment matters will be the obligation
of St. Anthony. Falcon Heights will not be required to furnish any fringe benefits or
assume any other liability of employment to any officer assigned to dutywithin Falcon
• Heights.
XIV. ENFORCEMENT POLICIES
Enforcement policies of St. Anthony will prevail as the enforcement policies within
Falcon Heights. A written statement of the current enforcement policies of St.
Anthony will be provided in writing to Falcon Heights.
XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF FALCON HEIGHTS
St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon
Heights' ordinances to the extent appropriate for enforcement by police officers.
XVI. OFFICERS OF FALCON HEIGHTS
The officers assigned duty within Falcon Heights will be provided with authority to
enforce the laws of the City of Falcon Heights by proper action to be taken by the
Falcon Heights City Council, and while performing services under this Agreement will
be considered police officers of Falcon Heights. The Chief of Police of St. Anthonywill
furnish to the Falcon Heights City Administrator the names of all St. Anthony police
officers assigned to Falcon Heights, and all such officers will be appointed officers of
the City of Falcon Heights.
•
3L
Joint Powers Agreement
for Police Services
Page 6
XVII. OFFENSES
All offenses within Falcon Heights charged by police officers under this Agreement
will be charged in accordance with Falcon Heights' ordinances when possible;
otherwise, the charge will be made in accordance with the laws of the State of
Minnesota or the laws of the United States of America.
XVIII. COMMUNICATIONS
St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly
and annual police reports, in a format as is mutually agreed to by the St. Anthony
Police Chief and the Falcon Heights City Administrator.
The St. Anthony Police Chief will regularly communicate with the Falcon Heights City
Administrator in order to ensure that Falcon Heights is knowledgeable about any
police activity in the City, and at the request of the Administrator the Police Chief will
make presentations to the Falcon Heights City Council.
• XIX. PROSECUTION AND REVENUES
Falcon Heights will pay all costs of prosecution for all offenses charged within its
boundaries or under its ordinances. LEAA funds and confiscated drug funds will be
retained by St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T.
training funds will be used for officer training.
XX. CONTINUATION OF AGREEMENT
This Agreement will be effective January 1, 2005 and will continue until terminated
as described in Paragraph XXI below. Inconsideration for services provided under this
Agreement, St. Anthony and Falcon Heights shall establish the fee for police services
on a biennial basis on or before May 15th of the even numbered year preceding each
biennium.
XXI. TERMINATION OF AGREEMENT
Either St. Anthony or Falcon Heights may terminate the Agreement by submitting a
written notification to terminate to the City Administrator of Falcon Heights and the
City Manager of St. Anthony by April 15th of even numbered years that St. Anthony
• or Falcon Heights intends to terminate the Agreement. Termination of this Agreement
37
Joint Powers Agreement
for Police Services
Page 7
shall be effective on December 31st at 11:59 of the year that either St. Anthony or
Falcon Heights terminate the Agreement.
XXII. REVIEW OF AGREEMENT
From time to time the terms and conditions of this Agreement shall be reviewed
and revised as St. Anthony and Falcon Heights deem necessary.
XXIII. ASSIGNMENT
The rights and obligations of the parties under this Agreement will not be assigned,
and St. Anthony will not subcontract for any services to be furnished to Falcon
Heights (except as otherwise provided in this Agreement), without the prior written
consent of the other party.
The parties hereto have executed this Agreement as of the date first above stated.
CITY OF FALCON HEIGHTS
By:
Mayor
ay:
City Administrator
Date:
•
CITY OF ST. ANTHONY
ay:
Mayor
By:
City Manager
Date:
3$
•
•
•
•
C]
CONSENT G3
4/28/04
ITEM: Replacement of cable equipment
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Maureen Anderson, North Suburban Cable Commission
EXPLANATION:
Summary: During the past year, the cable equipment in our broadcast booth has been
malfunctioning. This has interfered with the transmission of the signal to the NSCC, which
captures our video for playback on their web streaming site, as well as on the cable channel.
Four bids were solicited for replacement of the equipment, which includes a Scan Converter,
Video Amplifier, and Scan Converter with Overlay. The bids are as follows:
Alpha Video: $ 947.00
Roscor: $1,085.00
AVI: $1,092.00
B&H Photo-Video: $1,242.00
ACTION REQUESTED:
• Accept bid from Alpha Video for replacement of cable equipment in the amount of
$947.00
39
•
•
CONSENT G4
• 4/28/04
ITEM: Approval of agreement between the City of Falcon Heights and the
Minnesota Department of Transportation for payment to the City for
the construction to be performed at Curtiss Field pond and
Resolution 04-09 authorizing the Mayor and City Administrator to
execute that agreement
SUBMITTED BY: Bill Maertz, Director, Parks and Public Works
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: As part of the Municipal Agreement Program, the State Department of
Transportation will contribute up to $54,000 toward the improvements at Curtiss Field pond.
This agreement provides for payment to the City and outlines the maintenance responsibilities
of both MN DOT and the City.
In addition, MN DOT requires a resolution authorizing the Mayor and City Administrator to
execute this agreement.
ATTACHMENTS:
State of innesota Department of Transportation Cooperative Agreement on pages
..
Resolution authorizing t e Mayor and City Administrator to execute Cooperative
Agreement on page
Cost participation plan sheets on pages "~
ACTION REQUESTED:
• Approval of Cooperative Agreement and authorization for Mayor and City Administrator
to execute that agreement
L~
40
•
•
PRE-LETTING STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT N0.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 86199
S.P. 6216-119 (T.H. 51=125)
S.A.P. 124-050-04
State Funds
The State of Minnesota
Department of Transportation, and
The City of Falcon Heights
Re: State cost storm water treatment
pond construction by the City on
T.H. 51
ORIGINAL
AMOUNT ENCUMBERED
$54,000.00
(None)
AMOUNT RECEIVABLE
r~
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Falcon Heights, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
1
41
86199
• WHEREAS, the City is about to perform storm water treatment pond,
storm sewer, grading, watermain, concrete walk, bituminous surfacing,
and landscaping construction and other associated construction upon,
along and adjacent to Trunk Highway No. 51 (Snelling Avenue) from
West Idaho Avenue to West Iowa Avenue within the corporate City
limits in accordance with City-prepared plans, specifications and
special provisions designated by the City as State Aid Project No.
124-050-04 and by the State as State Project No. 6216-119
(T.H. 51=125); and
WHEREAS, the City has requested participation by the State in the
costs of the storm water treatment pond, storm sewer, grading and
bituminous surfacing construction; and
WHEREAS, the State is willing to participate in the costs of the
• storm water treatment pond, storm sewer, grading and bituminous
surfacing construction and associated construction engineering in an
amount not to exceed $54,000.00, based on a contributing flow rate of
38%, as hereinafter set forth; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, M(TTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible. bidder, subject to concurrence by the State in
. that award, in accordance with State-approved City plans,
2
~a
86199
specifications and special provisions designated by the City as State
Aid Project No. 124-050-04 and by the State as State Project
No. 6216-119 (T.H. 51=125). The contract construction shall be
performed in accordance with State-approved City plans,
specifications and special provisions that are on file in the office
of the City's Engineer, and are incorporated into this Agreement by
reference.
Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's State Aid Agreements Engineer at
Roseville a copy of the low bid and an abstract of all bids together
with the City's request for concurrence by the State in the award of
the construction contract. The City shall not award the construction
contract until the State advises the City in writing of its
. concurrence therein.
Section C. Rejection of Bids
The City may reject and the State may require the City to reject any
or all bids for the construction contract. The party rejecting or
requiring the rejection of bids must provide the other party written
notice of that rejection or requirement for rejection no later than
30 days after opening bids. Upon the rejection of all bids pursuant
to this section, a party may request, in writing, that the bidding
process be repeated. Upon the other party's written approval of such
request, the City will repeat the bidding process in a reasonable
period of time, without cost or expense to the State.
Section D. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the State cost participation construction covered under this
3
43
86199
• Agreement shall be open to inspection by the State District
Engineer's authorized representatives. The City shall give the State
Aid Agreements Engineer five days notice of its intention to start
the contract construction.
Responsibility for the control of materials for the State cost
participation construction covered under this Agreement shall be on
the City and its contractor and shall be carried out in accordance
with Specifications No. 1601 through and including No. 1609 as set
forth in the State's current "Standard Specifications for
Construction".
Section E. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
. contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State District Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section F. Additional Construction, Plan Changes, Etc.
The State shall not participate in the cost of any contract
construction that is in addition to the State cost participation
construction covered under this Agreement in excess of $54,000.00 and
the terms and conditions in the following paragraph have been met.
All changes in the plans, specifications and special provisions for
the State cost participation construction covered under this
Agreement and all addenda, change orders and supplemental agreements
entered into by the City and its contractor for State cost
• participation construction covered under this Agreement must be
44
• approved in writing by the State District Engineer's authorized
representative before payment is made by the State therefor.
86199
Section G. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations.
Section H. Right-of-Way, Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and any other permits
and sanctions that may be required in connection with the contract
construction. Prior to advance payment by the State, the City shall
. furnish the State with certified copies of the documents for those
rights-of-way and easements, and certified copies of those
construction permits and other permits and sanctions required for
State cost participation construction covered under this Agreement.
ARTICLE II - BASIS OF PAYMENT BY THE STATE
Section A. SCHEDULE "I" and EXHIBIT "Cost Participation"
A Preliminary SCHEDULE "I" is attached and incorporated into this
Agreement. The Preliminary SCHEDULE "I" includes all anticipated
State cost participation construction items and the construction
engineering cost share covered under this Agreement.
EXHIBIT "Cost Participation", a colored layout that shows all
anticipated State cost participation construction covered under this
Agreement, is on file in the office of the State's District Engineer
•
5 4S
86199
• and in the office of the State's Municipal Agreements Engineer at
St. Paul, and is incorporated into this Agreement by reference.
Section B. State Cost Participation Construction
The State shall, at the percentage indicated,. participate in the
following construction to be performed upon, along and adjacent to
Trunk Highway No. 51 from West Idaho Avenue to West Iowa Avenue
within the corporate City limits under State Project No. 6216-119
(T.H. 51=125). The construction includes the State's proportionate
share of item costs for mobilization and traffic control.
38 Percent shall be the State's rate of cost participation in all of
the storm water treatment pond, storm sewer, grading and bituminous
surfacing construction as shown in "Orange" on EXHIBIT "Cost
Participation", which is on file at the locations given in Section A.
• of this article. The construction includes, but is not limited to,
those construction items as tabulated on Sheets No. 2 and No. 3 of
the attached Preliminary SCHEDULE "I".
Section C. Construction Engineering Costs
The State shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the State participation
construction covered under this Agreement.
Section D. Addenda, Change Orders and Supplemental Agreements
Subject to limitation of State cost participation provided for in
Article III, Section D. of this Agreement, the State shall share in
the costs of construction contract addenda, change orders and
supplemental agreements that are necessary to complete the State cost
participation construction covered under this Agreement and that have
•
6
46
86199
. been approved in writing by the State District Engineer's authorized
representative.
Section E. Liquidated Damages
All liquidated damages assessed the City's contractor in connection
with the construction contract shall result in a credit shared by
each party in the same proportion as their total construction cost
share covered under this Agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE III - PAYMENT BY THE STATE
Section A. Estimate and Advancement of the State's Cost Share
It is estimated that the State's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
and a $10,814.84 contingency amount is the sum of $54,000.00 as shown
• in the attached Preliminary SCHEDULE "I". The attached Preliminary
SCHEDULE "I" was prepared using estimated unit prices. Upon receipt
and review of the construction contract bid documents described in
Article I, Section B. of this Agreement, the State shall then decide
whether to concur in the City's award of the construction contract
and, if so, prepare a Revised SCHEDULE "I" based on construction
contract unit prices. The contingency amount is provided to cover
overruns of the plans estimated quantities of State cost
participation construction and State-approved additional construction
including construction engineering costs.
After the following conditions have been met, the State shall advance
to the City the State's total estimated construction cost share,
which does not include the 8 percent construction engineering cost
share or the contingency amount, as shown in the Revised
•
7
4'1
86199
SCHEDULE "I", subject to limitation of State cost participation
provided for in Section D. of this article:
1. Encumbrance by the State of the State's total estimated
construction cost share, the 8 percent construction engineering
cost share, and the contingency amount, as shown in the Revised
SCHEDULE "I".
2. Receipt by the State from the City of certified documentation for
all of the right-of-way and easement acquisition required for
State cost participation construction covered under this
Agreement, and the approval of that documentation by the State's
District Right-of Way Engineer at Roseville.
3. Execution and approval of this Agreement and the State's
• transmittal of it to the City along with a copy of the Revised
SCHEDULE "I" and a letter advising the City of the State's
concurrence in the award of the construction contract.
4. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
Section B. Records Keeping and Invoicing by the City
The State shall provide the City with a Payment Processing Package
containing a Modified SCHEDULE "I" form, instructions, and samples of
documents for processing final payment of the State participation
construction cost covered under this Agreement.
•
e 4g
86199
The City shall keep records and accounts that enable it to provide
the State with the following prior to final payment by the State:
1. A copy of the Modified SCHEDULE "I" which includes final
quantities of State cost participation construction.
2. Copies of the City contractor's invoice(s) covering all contract
construction.
3. Copies of the endorsed and canceled City warrant(s) or check(s)
paying for final contract construction, or computer documentation
of the warrant(s) issued certified by an appropriate City
official that final construction contract payment has been made.
4. Copies of all construction contract change orders and
supplemental agreements.
5. A certification form attached to a copy of the Final
SCHEDULE "I", both of which shall be provided by the State. The
certification form shall be signed by the City's Engineer in
charge of the contract construction attesting to the following:
a. Satisfactory performance and completion of all contract
construction in accordance with State-approved City plans,
specifications and special provisions.
b. Acceptance and approval of all materials furnished for the
State cost participation construction covered under this
Agreement relative to compliance of those materials to the
State's current "Standard Specifications for Construction".
C]
9 49
86199
• c. Full payment by the City to its contractor for all contract
construction.
6. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the State cost
participation construction covered under this Agreement.
7. A copy of the "as built" plan sent to the State Aid Agreements
Engineer.
8. A formal invoice (original and signed) in the amount due the City
as shown in the Final SCHEDULE "I".
Section C. Final Payment by the State
• Upon completion of all contract construction, the State shall prepare
a Final SCHEDULE "I" and submit a copy to the City. The Final
SCHEDULE "I" shall be based on final quantities, and include all
State cost participation construction items and the construction
engineering cost share covered under this Agreement; however, the
maximum obligation of the State under this Agreement shall not exceed
$54,000.00. If the final cost of the State participation covered
under this Agreement exceeds the amount of funds advanced by the
State, the State shall promptly pay the difference to the City
without interest. If the final cost of the State participation
covered under this Agreement is less than the amount of funds
advanced by the State, the City shall promptly return the balance to
the State without interest. Procedures relevant to preparation of
the Final SCHEDULE "I" and final payment of the State participation
cost covered under this Agreement are detailed in the Payment
Processing Package, which the State shall furnish the City.
•
1e SO
86199
Pursuant to Minnesota Statutes Section 15.415, the City waives claim
for any amounts less than $5.00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
return of any amounts less than $5.00 of those funds advanced by the
State.
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings
The City shall furnish its contractor with new castings .and parts for
all inplace City-owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
Section B. Maintenance by the City
Upon satisfactory completion of the street and frontage road
construction to be performed within the corporate City limits under
• the construction contract, the City shall provide for the proper
maintenance of the roadways and all of the facilities a part thereof,
without cost or expense to the State. Maintenance includes., but is
not limited to, snow, ice and debris removal, resurfacing and seal
coating and any other maintenance activities necessary to perpetuate
the roadways in a safe and usable condition.
Upon satisfactory completion of the storm sewer facilities
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for the proper
routine maintenance of those facilities, without cost or expense to
the State. Routine maintenance includes, but is not limited to,
removal of sediment, debris, vegetation and ice from structures,
grates and pipes, repair of minor erosion problems, and minor
structure and pipe repair, and any other maintenance activities
necessary to preserve the facilities and to prevent conditions such
•
11 S
86199
• as flooding, erosion, sedimentation or accelerated deterioration of
the facilities.
Upon satisfactory completion of the storm water treatment pond
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for proper
maintenance, without cost or expense to the State. Maintenance shall
include, but not limited to, litter, debris and silt removal, mowing,
erosion repairs and any other maintenance activities necessary to
preserve the facilities and to prevent conditions such as flooding,
erosion, sedimentation or accelerated deterioration of the
facilities. The City shall be responsible for all obligations and
liabilities arising out of or by reason of the City's maintenance of
the storm water treatment pond.
• Upon satisfactory completion of the City-owned utilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of those utilities, without cost or expense to the State.
Upon satisfactory completion of the walkways construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper routine maintenance
of the walkways, without cost or expense to the State. Routine
maintenance includes, but is not limited to, snow, ice and debris
removal, patching, crack repair, and any other maintenance activities
necessary to perpetuate the walkways in a safe and usable condition.
Upon satisfactory completion of the multi-use trail/walk construction
to be performed under the construction contract, the City shall
provide for the maintenance of the multi-use trail/walk in accordance
•
12
sa
• with the Limited Use Permit on file in the office of the State's
District Engineer.
86199
Section C. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
District Hydraulics Unit at Roseville and is incorporated into this
Agreement by reference.
• Section D. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State is not obligated to pay for services
performed after notice and effective date of termination. Upon such
termination, the City is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of termination.
The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding
source; or if funding cannot be continued at a level sufficient to
allow for the payment of the services covered under this Agreement.
Termination must be by written or fax notice to the City. The State
is not obligated to pay for services performed after notice and
effective date of termination. Upon such termination, the City is
• entitled to payment for services satisfactorily performed under this
S3
86199
• Agreement prior to the effective date of termination, to the extent
the funds are available.
Section E. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
Section F. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
• and omissions of others and the results thereof. Minnesota Statutes
Section 3.736 and other applicable law govern liability of the State.
Minnesota Statutes Chapter 466 and other applicable law govern
liability of the City.
Section G. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section H. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
•
19 ~4
ARTICLE V - AUTHORIZED AGENTS
86199
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Heather Worthington, City Administrator, or their
successor. Their current address and phone number are 2077 West
Larpenteur Avenue, Falcon Heights, MN 55113, (651) 644-5050.
•
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
15 SS
. IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minn. Stat. §§ 16A.15 and 16C.05.
By
Date
MAPS Encumbrance No.
CITY OF FALCON HEIGHTS
By
Mayor
Date
•
By
Title
Date
•
16
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
86199
By
District Engineer
Approved:
By
State Design Engineer
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
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S9
C
CITY OF FALCON HEIGHTS
RESOLUTION 2004-09
AUTHORIZATION FOR THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE
MN DOT AGREEMENT N0.86199 ON BEHALF
OF THE CITY OF FALCON HEIGHTS
IT IS RESOLVED that the City of Falcon Heights enter into MN DOT Agreement No. 86199
with the State of Minnesota, Department of Transportation, for the following purposes:
To provide for payment by the State, to the City, of the State's share of the costs of the storm
water treatment pond construction and other associated construction to be performed upon, along
and adjacent to Trunk Highway No. 51, from West Idaho Avenue to West Iowa Avenue, within
the corporate City limits under State Project No. 6216-119.
IT IS FURTHER RESOLVED that Susan L. Gehrz, Mayor, and Heather M. Worthington, City
Administrator, are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council of Falcon Heights at a authorized meeting held on Apri128, 2004, as shown by the
minutes of the meeting in my possession.
Mary Shea Kodluboy, Deputy Clerk
Subscribed and sworn to before me this day of April, 2004.
Notary Public
My Commission Expires:
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CONSENT GS
4/28/04
ITEM: Authorize the purchase of a John Deere 1445 commercial tractor
from Scharber and Sons, Inc.
SUBMITTED BY: Bill Maertz, Director of Parks and Public Works
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The 2004 Five Year Capital Improvement Plan includes $20,000 for replacement of
the 1998 Kubota tractor. This tractor is used for mowing, clearing snow from sidewalks, and
grooming skating rinks.
Scharber & Sons, of Rogers, Minnesota, has the Minnesota State Commercial Mower Contract
(#432115). The contract provides Falcon Heights with a 26% discount off the retail price of the
tractor. The discounted price of the tractor and attachments is $19,582.
As part of the ongoing maintenance of the Curtiss Field pond, a leaf vacuum system will be
needed. Adding this to the tractor purchase will cost $2,224. This vacuum will enable Public
• Works to remove organic material, which can inhibit storm water infiltration, from the bottom
of the pond area.
Costs
Tractor and attachments $19,582
Leaf Vacuum System $ 2,224
State sales tax $ 1,417
Total $ 23,223
ATTACHMENT:
^ Equipment quotation from Scharber and Sons Inc., of Rogers, MN on page `p
ACTION REQUESTED:
• Authorize the purchase of a John Deere commercial tractor and a leaf vacuum system
from Scharber & Sons at a total cost of $23,223
G4
ri17, 2004
! au~.ument
otation
Mertz
Of Falcon Heights (4645)
Larpenteur Ave W
on Heights, MN 55113-559
one: 651-644-5050
651-644$675
es Otv
•
r:
Description
Scharber & Sons, Inc
13725 Main Street
PO $ox 0128
Rogers MN, 55374-0128
John Braunshausen
Commercial t Governmental Sales
Phone- (763) 428-4107
Cell : (b i 2) 669-0749
Fax' (763) 428-90 i 9
john.braunshausen@scharbers. com
Price
0081TC 1 Jahn Deere 1445 Commercial Front Mower $1.7069.00
100 i 1 Four Wheel Drive 2420.00
2000 1 23x10.50-12 Turf Drive Tires Base
R66949 4 42LB Quik Tatch Wei hts 140.00
CB 10303 1 Rear Mount Wei ht Bracket 70.00
CB 10634 l Sin le S ool H draulic Kit 300.00
0340TC 1 72" 7Iron Commercial Side Dischar a Mower Deck 3865.00
CB 10584 I Rear Ri ht Hand Anti-Scat Wheel b5.00
OSOOTC I John Deere 60" Hea Dut An lip Front Broom 2844,00
1000 1 Lift Arms 1205.00
$27983.00
Less 26% Minnesota State Front Mount Contract 7275.58
$20707.42
1 Cozy Cab Complete with Heater & Defroster, Front
Wi er Roof To Strobe and Front 8t Rear Wi er, 3875.00
$24582.42
Less Trade Kubota F3060,Cab, Broom,Blower, Mower 5000.00
$19582.42
662-.K I Trac Vac 3 Point Vac S stem with 6HP Kohler En 2224.00
$21806.42
Tax 1417.42
$23223.84
Above Mower Prices Are From The Minnesota State
Commercial Mower Contract Number 4321 I S &
Release Number M-448 5
Vendor Name On PO Must Read:
John Deere Com an , 2000 Jehn Deere Road
Ca , NC 27513
Servicin Dealer' Scharber & Sous Inc
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PREPARED BY AND WHEN
WHEN RECORDED MAIL TO:
Sherman Associates, Inc.
233 Park Avenue South
Suite 201
Minneapolis, MN 55415
AMENDMENT TO DEVELOPMENT AGREEMENT
• THIS AMENDMENT (this "Amendment") is made and entered into as of the 28th day
of April, 2003, by and between the Ci a con Hei ts, a mumci orporation
(hereinafter referred to as the "City"), d Town Square Senior Apartments LC, a Ynnesota
limited liability company (hereinafter referre o as
RECITALS
A. The City and the Developer are parties to a Development Agreement dated as of
July 18, 2003, and filed , in the Office of the Ramsey County Registrar of
Titles as Document Number (the "Development Agreement") regarding
the real property legally described as follows:
Lot 1, Block 1, Falcon Heights Town Square
B. The City and the Developer desire to amend the Development Agreement
pursuant to the terms and conditions of this Amendment.
NOW, THEREFORE, the parties hereto for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, do hereby agree as follows:
1. The definition of Supplemental Available Tax Increment is amended to read as
• follows:
"Supplemental Available Tax Increment" means fifty-nine and 40/100 percent (59.4%) of
• the Townhome Available Tax Increment."
2. Section 4.3(iii) is amended to read as follows: "(iii) show a principal amount
sufficient to cover the Senior Available Tax Increment and the Senior Supplemental Available
Tax Increment taking into account the interest rate determined under clause (ii) of this sentence."
3. Except as hereby specifically amended, the Development Agreement and all of
the terms and provisions thereof shall remain unchanged and in full force and effect.
4. This Amendment maybe executed in counterparts, each of which shall constitute
an original and all of which together shall constitute one and the same instrument.
[The remainder of this page has been left blank intentionally.
Signature pages follow.]
2
•
SIGNATURE PAGE TO
AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
TOWN SQUARE SENIOR APARTMENTS LLC
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in
its name and behalf and the Developer has caused this Amendment to be duly executed in its
name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Sue Gehrz, Mayor
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
Heather Worthington,
City Administrator/Clerk
•
n
U
By
The foregoing instrument was acknowledged before me this day of April, 2004,
by Sue Gehrz and by Heather Worthington, respectively the Mayor and City Administrator/Clerk
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
3
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
TOWN SQUARE SENIOR APARTMENTS LLC
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in
its name and behalf and the Developer has caused this Amendment to be duly executed in its
name and behalf on or as of the date first above written.
TOWN SQUARE SENIOR APARTMENTS LLC
By
George E. Sherman
Its President
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of April, 2004, by
George E. Sherman, the President of Town Square Senior Apartments LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
Notary Public
~J
4
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PREPARED BY AND WHEN
WHEN RECORDED MAIL TO:
Sherman Associates, Inc.
233 Park Avenue South
Suite 201
Minneapolis, MN 55415
AMENDMENT TO DEVELOPMENT AGREEMENT
• THIS AMENDMENT (this "Amendment") is of the 28th day
of April, 2003, by and between the City of on Heights, a Minnesota municip oration
(hereinafter referred to as the, "City" , and Townhomes at Town Square LLC, a esota
limited liability company (hereinafter
RECITALS
A. The City and the Developer are parties to a Development Agreement dated as of
July 18, 2003, and filed , in the Office of the Ramsey County Registrar of
Titles as Document Number (the "Development Agreement") regarding
the real property legally described as follows:
Lot 2, Block 1, Falcon Heights Town Square
B. The City and the Developer desire to amend the Development Agreement
pursuant to the terms and conditions of this Amendment.
NOW, THEREFORE, the parties hereto for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, do hereby agree as follows:
1. The definition of Supplemental Available Tax Increment is amended to read as
follows:
•
"Supplemental Available Tax Increment" means one hundred percent (100%) of the
• Townhome Available Tax Increment which amount shall be applied as follows: (i) forty
and 60/100 percent (40.6%) to each scheduled payment under the Multifamily TIF Note;
and (ii) fifty-nine and 40/100 percent (59.4%) to each scheduled payment under the
Senior TIF Note. For purposes of determining the amount of Supplemental Available
Tax Increment 9.5% of the on 'nal net tax of the Tax Inc ent District shall
be allocated to the Development Property."
2. Section 4.2 is amended to read as follows:
"Section 4.2. Payment. The City shall pay on each Scheduled Payment Date, the
Supplemental Available Tax Increment as follows: (i) forty and 60/100 percent (40.6%) to
the Multifamily Project Developer in accordance with the Multifamily TIF Note; (ii) fifty-
nine and 40/100 percent (59.4%) to Senior Project Developer in accordance with the
Senior TIF Note."
3. Except as hereby specifically amended, the Development Agreement and all of
the terms and provisions thereof shall remain unchanged and in full force and effect.
4. This Amendment maybe executed in counterparts, each of which shall constitute
an original and all of which together shall constitute one and the same instrument.
• [The remainder of this a e has been left bl
p g ank intentionally.
Signature pages follow.]
2
•
SIGNATURE PAGE TO
AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
TOWNHOMES AT TOWN SQUARE LLC
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in
its name and behalf and the Developer has caused this Amendment to be duly executed in its
name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Sue Gehrz, Mayor
Heather Worthington,
City Administrator/Clerk
By
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of April, 2004,
by Sue Gehrz and by Heather Worthington, respectively the Mayor and City Administrator/Clerk
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
•
•
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
TOWNHOMES AT TOWN SQUARE LLC
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in
its name and behalf and the Developer has caused this Amendment to be duly executed in its
name and behalf on or as of the date first above written.
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
TOWNHOMES AT TOWN SQUARE LLC
By
George E. Sherman
Its President
SS.
The foregoing instrument was acknowledged before me this day of April, 2004, by
George E. Sherman, the President of Townhomes at Town Square LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
Notary Public
4
•
AMENDED ANDSTATED
DEVEI'OPMENT AG~EME
NT
BY and Between
THE CITY OF FALCON HEIG
HTS
and
FA.t`CON HEIGHTS TOwN S
LIA'IITED pARTNERSH PUARE
DRAFTED By.
CAMPBELL ~UrSON
Professional ~gssociation
317 Eagandale Office Center
1380 CorPOrate Center Curve
Eagan, MN 55121
Telephone; (651) 452-5000
~~
•
• LIST OF SCHEDULES
SCHEDULE A Description of Multifamily Development Property
SCHEDULE B Site Plan for Falcon Heights Town Square
SCHEDULE C Description of Senior Development Property
SCHEDULED Description of Townhome Development Property
SCHEDULE E Business Subsidy Agreement
SCHEDULE F Certificate of Completion
SCHEDULE G .Multifamily TIF Note
SCHEDULE H Plat of Falcon Heights Town Square
and Falcon Aeiehts Town Square Second
SCHEDULE I Restaurant Parcel
SCHEDULE J Shopping Center Parcel
SCHEDULE K Snelling Avenue Parcel
SCHEDULE L Snelling Avenue Frontage Road -North of Larpenteur
r
.7
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
• THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT __ _
("Agreement"), effective the ...8th _day_of ril,_ 2004,_by and_between the Ci of Falc_o_n_ - Heisted: nn
Heights, a Minnesota municipal corporation (hereinafter referred to as the "Ci " ~
Heights Town Square Limited Partnership, a Minnesota limited partnership (hereinafte d eferred °e~eted: J~,~y
to as the "Multifamily Developer"), amends and restates the Development Agreement between
the parties, dated effective July 18, 2003 and the First Amendment to Development Agreement
between the parties, dated effective July 18, 2003.
WITNESSETH:
WHEREAS, the City is a municipal corporation organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City (the
"Council"); and
WHEREAS, the City has established within the City its Municipal Development District
No. 1 pursuant to Minnesota Statutes, Sections 469.124 - 469.134, providing for the development
and redevelopment of certain areas located within the City (which development district is
hereinafter referred to as the "Project"); and
WHEREAS, the City has approved the establishment of its Tax Increment Financing
District No. 1-3 within the Project pursuant to Minnesota Statutes. Sections 469.174-469.179
(which tax increment fmancing district is hereinafter referred to as the "Tax Increment District");
and
WHEREAS, pursuant to Minnesota Statutes, Section 469.176, subdivision 4, tax
increment derived from the Tax Increment District may be used in accordance with the tax
increment financing plan created in connection with the establishment of the Tax Increment
• District to pay the capital and administration costs of the Project; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.126, the City is authorized
within the Project to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or
promote developments; and
WHEREAS, the Multifamily Developer has presented to the City a proposal under
which the Multifamily Developer would redevelop certain real property located within the Tax
Increment District as more particularly described in Schedule A attached hereto and made a part
hereof (the "Multifamily Development Property"); and
WHEREAS, the Multifamily Developer's proposal for the Multifamily Development
Property is to construct an approximately 119 unit multifamily rental project which would
include approximately 12,000 square feet of commercial retail space on the first floor and a
below-grade parking structure (the "Multifamily Development"); and
WHEREAS, the redevelopment of the Multifamily Development Property is part of a
larger redevelopment project known as "Falcon Heights Town Square" which will involve the
• redevelopment of the Multifamily Development Property and certain real property adjacent to
the Multifamily Development Property also located within the Tax Increment District (the
"Town Square Site"); and
WHEREAS, the site plan for the Town Square Site attached hereto as Schedule B and
made a part hereof shows (i) the Multifamily Development, (ii) a 56 unit senior rental project
which would include abelow-grade parking structure (the "Senior Development") to be
constructed on the real property described on Schedule C attached hereto and made a part. hereof
(the "Senior Development Property"), and (iii) a 14 unit for-sale townhome project (the
"Townhome Development") to be constructed on the real property described on Schedule D
attached hereto and made a part hereof (the "Townhome Development Property"); and
WHEREAS, the City will enter into a Development Agreement with Town Square
Senior Apartments LLC, a Minnesota limited liability company (the "Senior Developer") with
respect to the Senior Development (the "Senior Development Agreement") and a Development
Agreement with Townhomes at Town Square LLC, a Minnesota limited liability company (the
"Townhome Developer") with respect to the Townhome Development (the "Townhome
Development Agreement"); and
WHEREAS, the Multifamily Developer has as part of its proposal requested that the
City provide certain financial assistance to aid in the development of the Multifamily
Development, without which assistance such development would not be feasible; and
WHEREAS, the City believes that the redevelopment of the Multifamily Development
Property and the provision of the housing and retail space as proposed by the Multifamily
Developer is in the best interest of the City and its residents and in accord with the public
purposes and provisions of applicable federal, state and local laws under which the Multifamily
• Development is being undertaken and assisted; and
NOW THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section l.l. Definitions. In this Agreement, the terms defined in the recitals shall have
the meanings set forth therein and the following terms shall have the following meanings, unless
a different meaning clearly appears from the context:
"Acquisition Costs" means the total amount paid by the City to acquire or attempt to
acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue
Frontage Road -North of Larpenteur, including, but not limited to, the following: (1) the
amount of compensation paid by the City for the real property either by settlement or as
determined in the eminent domain proceedings to the owners of the Shopping Center Parcel and
Snelling Avenue Parcel; (2) any payment to any owner or tenant for loss of going concern value;
(3) any payment for fixtures; (4) relocation benefits paid to an owner or tenant pursuant to Minn.
Stat. Ch. 117, the Federal Uniform Relocation Assistance Act, or any other state or federal
statute or regulation; (5) costs incurred by the City in providing relocation services; (6) all
appraisal costs; (7) reasonable legal fees incurred by the City in any aspect of either the eminent
domain proceeding or relocation benefit process; (8) appraisal, relocation and other expert
witness fees and costs, and any other reasonable litigation expenses incurred in connection with
the eminent domain proceedings or relocation benefit process.
"Act" means Minnesota Statutes. Sections 469.124-469.134, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Business Subsidy Agreement" means the agreement in the form attached hereto as
Schedule E executed by the City and the Multifamily Developer pursuant to Section 10.8 of this
Agreement.
"Certificate of Completion" means the certificate in substantially the form attached hereto
as Schedule F signed by the City certifying completion of the Minimum Improvements.
"City" means the City of Falcon Heights, a Minnesota municipal corporation, or its
successors or assigns.
"Closing Date" means the closing date of the First Mortgage Loan.
"Commercial Component" means that portion of the Minimum Improvements consisting
of approximately 12,000 square feet of retail space.
"Construction Development Contract" means the Development Contract to be entered
into between the City and the Developers, and mutually agreeable to the City and the
Developers, regarding platting, public improvements and other matters relating to the
redevelopment of the Town Square Site.
"Construction Plans" means the site plan, utility plan, grading and drainage plan,
landscape plan, elevations drawings, materials list and related documents on the construction
work to be performed by the Multifamily Developer on the Multifamily Development Property,
or in the public right of way as may be required by the City in its approval process, and which
will be submitted to and approved by the City Council of the City, together with any conditions
imposed by the City Council in connection with its approval.
"Completion Date" means the date a Certificate of Completion with respect to the
Minimum Improvements is delivered.
"County" means Ramsey County, Minnesota.
L
"Developers" means collectively, the Multifamily Developer, the Senior Developer and
• the Townhome Developer.
Environmental Laws" means all present or future laws, statutes, treaties, rules,
regulations, orders, ordinances, permits, licenses, judgments or decrees enacted by any
Governmental Authority to regulate any materials, wastes and/or substances in the environment.
"Event of Default" means an action by the Multifamily Developer listed in Article IX of
this Agreement.
"First Mortgage Lender" means Glaser Financial Group, Inc.
"First Mortgage Loan" means a loan from the First Mortgage Lender and insured by the
Federal Housing Administration of HUD pursuant to Section 221(d)(4) of the National Housing
Act of 1984, as amended, and the regulations thereunder.
"Governmental Authority" means the United States Environmental Protection Agency,
the United States Department of Labor, the United States Department of Transportation, or any
other local, state or federal government authority.
"Hazardous Material" means any substance, waste, or material now or hereafter
determined by any Governmental Authority to pose a risk of injury to health, safety and/or
properly, including but not limited to (i) all materials, wastes and substances now or hereafter
designated as hazardous or toxic by any Govemmental Authority, (ii) all materials, wastes and
substances now or hereafter designated or defined as hazardous, extremely hazardous or toxic
pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42
U.S.C. 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or
any other Environmental Laws, and (iii) asbestos, urea formaldehyde, polychlorinated biphenyls,
. and petroleum products.
"HUD" means the Department of Housing and Urban Development.
"Maturity Date" means the date that the Tax Increment District is terminated.
"Met Council LCDA Funds" means the funds in the total amount of $1,000,000, awarded
to the City by the Metropolitan Council for the redevelopment of the Town Square Site.
"Minimum Improvements" means the improvements to be constructed by the Multifamily
Developer on the Multifamily Development Property consisting of the Commercial Component,
the Multifamily Component, and the Parking Component.
"Mortgage" means any mortgage loan to the Multifamily Developer that is secured, in
whole or in part, with the Minimum Improvements and the Multifamily Development Property.
"Multifamily Component" means that portion of the Minimum Improvements consisting
of approximately 119 units of multifamily rental housing.
• "Multifamily Developer" means Falcon Heights Town Square Limited Partnership,
Minnesota limited partnership, and its successors and assigns.
"Multifamily Development" means the Multifamily Development Property and the
Minimum Improvements to be constructed thereon as provided in this Agreement.
"Multifamily Development Property" means the real property legally described on the
attached Schedule A.
"Multifamily TIF Note" means the Taxable Tax Increment Revenue Note to be issued by
the City pursuant to this Agreement, which Note shall be substantially in the form of the note
attached to this Agreement as Schedule G.
"Multifamily Available Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Multifamily Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Multifamily TIF Note. For
purposes of determining the amount of Multifamily Available Tax Increment, 53.25% of the
original net tax capacity of the Tax Increment District shall be allocated to the Multifamily
Deve opment rope
r.
"Multifamily Supplemental Available Tax Increment" means that portion of the
Supplemental Available Tax Increment allocated to the Multifamily TIF Note.
"Note" means the Multifamily TIF Note.
"Parking Component" means that portion of the Minimum Improvements consisting of a
• ~ below-grade structure which will contain approximately 172 parking stalls_ _ _ _ _ _ ., . ueietea: iso
"Plat" means the plat of subdivision of the Town Squaze Site, known as Falcon Heights
Town Squaze~ and Falcon Hei~ht`~ Town Sauaze Second copies of which ,ire attached_h_e_re_t_o_a_s_ - Ce~eted: , a ~,y
Schedule H. . ` ' pe~eted: is
"Preliminary Plans" means the site plan and building elevations submitted to the City in
connection with the City's planned unit development approval process.
"Project" means the City's Municipal Development District No. 1.
"Project Area" means the real property located within the boundaries of the Project.
"Project Plan" means the plan and development program adopted in connection with
creation of the Project.
•
•
•
"PUD Agreement" means the Planned Unit Development Agreement to be entered into
between the City and the Developers, and mutually agreeable to the City and the Developers.
"Reimbursable Costs" means the portion of the costs to be incurred by the Multifamily
Developer in connection with the development of the Minimum Improvements to be reimbursed
by the City through the issuance and payment of the Note which costs are further described in
the Tax Increment Plan, including land acquisition costs and parking facilities.
"Relocation Benefits" means the relocation assistance, services, payments and benefits
required under Minnesota Statutes Sections 117.50-117.56.
"Restaurant Parcel" means the real property depicted and legally described on Schedule I
currently improved by a restaurant commonly known as "Dino's Gyros".
"Senior Developer" means Town Square Senior Apartments LLC, a Minnesota limited
liability company, and its permitted successors and assigns.
"Senior Development Property" means the real property legally described on the attached
Schedule C.
"Senior TIF Note" means the Taxable Tax Increment Revenue Note to be issued by the
City pursuant to the Senior Development Agreement, which Note shall be substantially in the
form of the note attached to such Agreement.
"Shopping Center Pazcel" means the real property depicted and legally described on
Schedule J currently improved by a shopping center commonly known as "Northome Shopping
Center".
"Snelling Avenue Parcel" means the real property depicted and legally described on
Schedule K currently used as a service drive and to be included in the Multifamily Development
Property.
"Snelling Avenue Frontage Road -North of Larpenteur" means the real property
depicted and legally described on Schedule L currently used as a service drive.
"State" means the State of Minnesota. ~'
,,
,;
"Supplemental Available Tax Increment" means one~olty and 60,100 percent_ 40.6%) of;<-~,~
the Townhome Available Tax Increment, _ ,~
"Tax Increment" means that portion of the real property taxes paid with respect to the
7vlultifamily Development Property and the Minimum Improvements, or the Townhome
Development Properly and the Townhome Minimum Improvements, as applicable that is
'remitted to the City as tax increment pursuant to the Tax Increment Act.
Deleted: hundred
Deleted: 100
Deleted: which amount shall be
applied as follows: (i) to the amount
necessary to make a scheduled payment
under the Multifamily TIP Note up to the
amount of property taxes actually paid by
the Multifamily Developer with respect to
the Multifamily Development Property in
such six (6) momh period; (ii) to the
amount necessary to make a scheduled
payment under the Senior TIF Nore up to
the amount of property taxes actually
paid by the Senior Developer with respect
to the Senior Development Property in
such six (6) month period; and (iii) the
balance which is to be retained by the
Townhome Developer
~~
J
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes.
Sections 469.174-469.179, as amended and as it may be further amended from time to time.
"Tax Increment District" means the City's Tax Increment Financing District No. 1-3.
"Tax Increment Plan" means the tax increment financing plan adopted by the City in
connection with its creation of the Tax Increment District, which plan together with the
information and findings contained therein is hereby incorporated herein and made a part hereof
by reference.
"Title Company" means Commercial Partners Title LLC.
"Townhome Available Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Townhome Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Townhome Development
Agreement after deducting the City's accumulated actual administrative expenses, as defined in
the Act, which shall not exceed the lesser of (i) $5,000 in the six (6) month period, or (ii) an
amount equal to ten percent (10%) of the Tax Increment generated in the six (6) month period,
which amount is to be retained by the City for administrative purposes.
"Townhome Developer" means the Townhomes at Town Square LLC, a Minnesota
limited liability company, and its permitted successors and assigns.
"Townhome Development Property" means the real property legally described on the
attached Schedule D.
"Townhome Minimum Improvements" means 14 townhouses for sale to owner-
occupants to be built on the Townhome Development Property.
• "Town Square Site" means the real property depicted on Schedule B attached hereto to be
known as "Falcon Heights Town Square" which includes the Multifamily Development
Property, the Senior Development Property and the Townhome Development Property.
"Unavoidable Delays" means delays in the performance of obligations relating to the
construction of the Minimum Improvements due to unforeseeable causes beyond the control of
the Multifamily Developer, including but not limited to causes which are the result of acts of
God, acts of the public enemy, acts of terrorism, unforeseen adverse weather conditions, strikes,
other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced
by third parties which, by injunction or other similar judicial action, results in delays, acts of any
federal, state or local governmental unit, and which directly results in delays, delays in delivery
of materials for the Minimum Improvements or soil conditions of the Multifamily Development
Property.
ARTICLE II
Representations
Section 2.1. Representations by the City The City makes the following representations
as the basis for the undertaking on its part herein contained:
(a) The City is a statutory city under the laws of the State. Under the laws of the
State, the City has the power to enter into this Agreement and to perform its obligations
hereunder.
(b) The City has taken all action necessary to create the Project, the Project Plan, the
Tax Increment Plan, the Tax Increment District and to approve this Agreement and to authorize
the execution and delivery of this Agreement, the Note and any other documents or instruments
required to be executed and delivered by the City pursuant to this Agreement.
(c) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the City is now a party or by which it is
bound, or constitutes a default under any of the foregoing.
(d) There is not pending, nor to the best of the City's knowledge is there threatened,
any suit, action or proceeding against the City before any court, arbitrator, administrative agency
or other governmental authority that materially and adversely affects the validity of any of the
transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or
as contemplated hereby or thereby, or the validity or enforceability of this Agreement.
(e) The City has received no notice or communication from any local, state or federal
official that the activities of the Developers or the City in the Project Area may be or will be in
violation of any Environmental Laws. The City is aware of no facts the existence of which
• would cause it to be in violation of any Environmental Laws.
(f) The City has no actual knowledge of any actions, claims, suits, or proceedings
pending or threatened against the City or the Town Square Site which relate to any violation or
alleged violation of any Environmental Laws.
(g) The City will reasonably cooperate with the Developers with respect to any
litigation commenced by third parties with respect to the Town Square Site.
Section 2.2. Representations by the Multifamily Developer. The Multifamily Developer
represents that:
(a) The Multifamily Developer is a limited partnership duly organized and authorized
to transact business in the State, is not in violation of any provisions of its Certificate of Limited
Partnership, its Partnership Agreement or the laws of the State, has power to enter into this
Agreement and has duly authorized the execution, delivery and performance of this Agreement
by proper action of its General Partner.
•
(b) The Multifamily Developer will construct the Minimum Improvements in
accordance with the terms of this Agreement and all local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public health laws and
regulations), except for variances necessary to construct the improvements contemplated in the
Construction Plans approved by the City.
(c) The Multifamily Developer has received no notice or communication from any
local, state or federal official that the activities of the Multifamily Developer or the City in the
Project Area may be or will be in violation of any Environmental Laws. The Multifamily
Developer is aware of no facts the existence of which would cause it to be in violation of any
Environmental Laws. In the event that it is necessary to take any action to obtain any necessary
permits or approvals with respect to the Multifamily Development Property under any local, state
or federal environmental law or regulation, the Multifamily Developer will be responsible for
taking such action and the City agrees to reasonably cooperate with the Multifamily Developer
with respect to obtaining any such permits or approvals.
(d) The Multifamily Developer will obtain, in a timely manner, all required permits,
licenses and approvals, and will meet, in a timely manner, all requirements of all applicable
local, state and federal laws and regulations which must be obtained or met before the Minimum
Improvements may be lawfully constructed. The City agrees to reasonably cooperate with the
Multifamily Developer with respect to obtaining any such permits, licenses and approvals.
(e) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Multifamily Developer is now a party
or by which it is bound, or constitutes a default under any of the foregoing.
(f) The Multifamily Developer would not acquire the Multifamily Development
Property and construct the Minimum Improvements but for the execution of this Agreement and
the tax increment assistance made available under this Agreement.
(g) The Multifamily Developer will reasonably cooperate with the City with respect
to any litigation commenced by third parties with respect to the Development.
ARTICLE III
Redevelopment Site Assembly
Section 3.1. Acquisition of Restaurant and Snelling Avenue Parcels. The City and the
Multifamily Developer acknowledge and agree as follows:
(a) The Multifamily Developer has acquired the Restaurant Parcel.
•
(b) The City will exercise, to the extent of its legal authority to do so, its powers of
eminent domain to acquire the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
• North of Larpenteur and convey the parcels to the Multifamily Developer in consideration of the
Multifamily Developer's payment of the Acquisition Costs. The Multifamily Developer shall
pay the Acquisition Costs upon receipt of Quit Claim Deeds.
Section 3.2. Acauisition of Shopping Center Parcel. The Multifamily Developer has
used its best efforts to acquire the Shopping Center Parcel directly from its third party owner
pursuant to terms and conditions that are feasible for the redevelopment of the Town Square Site.
As of the date of this Agreement, the Multifamily Developer has been unsuccessful in its efforts
to acquire the Shopping Center Parcel pursuant to such terms and conditions. The City,
therefore, will exercise its powers of eminent domain, to the extent of its legal authority to do so,
to acquire the Shopping Center Parcel and convey such parcel to the Multifamily Developer
pursuant to this Agreement.
Section 3.3. Commencement of Proceedin The City will proceed to acquire the
Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
North of Larpenteur as expeditiously as practical. The Multifamily Developer shall pay for all
Acquisition Costs with respect to the Shopping Center Parcel, the Snelling Avenue Parcel and
the Snelling Avenue Frontage Road -North of Larpenteur. The City acknowledges that time is
of the essence and agrees to pursue its acquisition responsibilities in an expeditious manner,
including use of the "quick take" condemnation process pursuant to Minnesota Statutes, Section
117.42. The City may take a reasonable time to exhaust settlement before initiating
condemnation.
Section 3.4. Costs of Acquisition. The Multifamily Developer has deposited Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) with the City to be applied by the
City at its discretion to cover Acquisition Costs. To the extent that the deposit is not sufficient to
cover all Acquisition Costs, the Multifamily Developer shall pay to the City within fifteen (15)
• days of written demand by the City, or sooner if the payment is needed to meet any deadline
imposed by any statute, regulation, settlement or court order, any additional amount necessary to
meet such obligations. Developer will indemnify and hold harmless the City from all
Acquisition Costs.
Section 3.5. Convevance of Parcels. Prior to the City taking title to and possession of the
Shopping Center Parcel or in any other way obligating itself to acquire the parcel, Multifamily
Developer shall pay to the City all Acquisition Costs incurred to date, compensation to be paid to
acquire the Shopping Center Parcel and deposit with the City an additional amount to cover
future Acquisition Costs which are reasonably identifiable at that time. As soon as possible after
the City takes title to and possession of the Shopping Center Parcel and the Snelling Avenue
Parcel, the City shall convey title to the Shopping Center Parcel and the Snelling Avenue Parcel
to the Multifamily Developer pursuant to Quit Claim Deeds.
Section 3.6. Platting of Town Sauare Site. The Multifamily Developer shall obtain
approval of a Plat of the Town Square Site, known as Falcon Heights Town Square and Falcon
Heights Town Square Second, and a Planned Unit Development ("PUD") of such property, all in
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accordance with City ordinances and procedures. In connection with approval of the Plat, the
Multifamily Developer will enter into a PUD Agreement and Construction Development
Contract. The parties agree and understand that on or before the Closing Date of the First
Mortgage Loan, the Multifamily Developer will (a) close on acquisition of the Shopping Center
Parcel, any portion of the Snelling Avenue Parcel required for the Multifamily Development
Property and the Restaurant Parcel, (b) file the Plat, and (c) convey portions of the platted
property to the Senior Developer and the Townhome Developer, all as further described in this
Article.
Section 3.7. Conveyance of Senior Development Property. The Multifamily Developer
will convey the Senior Development Property to the Senior Developer for such consideration as
the Multifamily Developer and the Senior Developer mutually agree.
Section 3.8. Conveyance of Townhome Development Property. The Multifamily
Developer will convey the Townhome Development Property to the Townhome Developer for
such consideration as the Multifamily Developer and the Townhome Developer mutually agree.
ARTICLE IV
Tag Increment and Other Public Assistance
Section 4.1. Tax Increment Certification. The City has established the Tax Increment
District pursuant to the Tax Increment Act.
Section 4.2. Reimbursable Costs. The City acknowledges that the high cost of acquiring
the Multifamily Development Property and preparing it for development necessitates the City's
provision of certain financial assistance to aid the Multifamily Developer. Therefore, the City
agrees that it will reimburse the Multifamily Developer for the Multifamily Developer's payment
of Reimbursable Costs of developing the Minimum Improvements. The City's reimbursement of
• the Multifamily Developer shall be accomplished through the City's issuance and payment of the
Note. The Multifamily Developer shall be solely responsible for initial payment of the
Reimbursable Costs and all construction work related thereto. The City's sole obligation in such
regard shall be to issue the Note at the time stated in this Agreement and to pay the Note in
accordance with its terms.
Section 4.3. Issuance of Note. The City's shall issue the Note on the Closing Date. The
Note shall be substantially in the form of the Multifamily TIF Note attached to this Agreement,
with any blanks properly filled in. The Note (i) shall be dated as of the date of its issuance, (ii)
shall bear interest at the rate of interest payable on the Developer's First Mortgage Loan plus the
applicable mortgage insurance premium to such loan, and (iii) shall show a principal amount
sufficient to cover the,~VlultifamilyAvailable Tax Increment and the Su lemental Available Tax_ _ - Deleted: ro
--~ ~ p perty taxes actually paid by
Increment taking into account the interest rate determined under clause (ii) of this sentence.
Interest shall begin to accrue at the later of (a) submission by the Multifamily Developer to the ~ ~ Deleted: Developer with respect to the
City of invoices and certifications in such form as the Ci ma reasonabl re uiie Mulhf'amily Development Property as
h' Y Y q provided in the Note
demonstrating that the Multifamily Developer has paid the Reimbursable Costs, and (b) January
1, 2005. The term of the Note shall coincide with the term of the Tax Increment District.
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Section 4.4. Conditions Precedent. The City's obligation to issue the Note shall be
subject to satisfaction, or waiver in writing by the City, of all of the following conditions
precedent:
(a) the Multifamily Developer shall not be in default under the terms of this
Agreement;
(b) the Multifamily Developer shall have secured all governmental permits and
approvals, including building permits, necessary to construct and operate the Minimum
Improvements;
(c) the Multifamily Developer shall have obtained and submitted to the City
acceptable evidence of ability to finance the Minimum Improvements as required under Section
7.1 of the Agreement; and
(d) The Multifamily Developer shall have submitted to the City and the City shall
have approved Construction Plans for the Minimum Improvements pursuant to Section 5.3 of
this Agreement.
Section 4.5. Developer Acknowledgement. The Multifamily Developer acknowledges
that the City has made no warranties or representations to the Multifamily Developer as to the
amounts of Tax Increment that will be generated or that the Tax Increment pledged to the
payment of the Note will be sufficient to pay the Note in whole or in part. Nor is the City
warranting that it will have throughout the term of this Agreement and the Note the continuing
legal ability under State law to apply Tax Increment to the payment of the Note, which continued
legal ability is a condition precedent to the City's obligations under the Note.
Section 4.6. Assiemnent. The Multifamily Developer intends to assign the Note to the
• First Mortgage Lender and HUD. The City agrees to cooperate with the Multifamily Developer
in connection with such assignment, including the execution of such assignment documents as
are required by the First Mortgage Lender or HUD.
Section 4.7. Real Pronerty Taxes• Special Assessments. The Multifamily Developer
shall pay all ad valorem taxes and special assessments levied on the Multifamily Development
Property which are payable subsequent to the date Developer acquires title to the Multifamily
Development Property and prior to the Maturity Date.
Section 4.8. Other Public Assistance. The City agrees to cooperate and assist the
Multifamily Developer in obtaining any fmancing for the Development in addition to the
financing provided by the City pursuant to this Agreement.
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ARTICLE V
• Construction of Minimum Improvements
Section 5.1. Construction of Minimum Improvements The Multifamily Developer
agrees that it will construct the Minimum Improvements on the Multifamily Development
Property in substantial conformity with the approved Construction Plans and will maintain,
preserve and keep the Minimum Improvements or cause the Minimum Improvements to be
maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good
repair and condition.
Section 5.2. Preliminary Plans. The City and the Multifamily Developer acknowledge
that before the date of this Agreement the Multifamily Developer submitted to the City
Preliminary Plans for the Minimum Improvements. The Preliminary Plans have been reviewed
and approved by the City.
Section 5.3. Construction Plans. The Multifamily Developer shall deliver the
Construction Plans for the Minimum Improvements to the City. The City shall review the
Construction Plans and will deliver to the Multifamily Developer within fifteen (15) days after
receipt of the Construction Plans, a written statement approving the Construction Plans or a
written statement rejecting the Construction Plans and specifying the deficiencies in the
Construction Plans. If the City rejects the Construction Plans, in whole or in part, the
Multifamily Developer will submit new or corrected Construction Plans within fifteen (15) days
after written notification to the Multifamily Developer of the rejection. The provisions of this
Section relating to approval, rejection and resubmission of corrected Construction Plans will
continue to apply until the Construction Plans have been approved by the City. The City's
approval of the Construction Plans shall not be unreasonably withheld, conditioned or delayed.
Section 5.4. Chanties to Plans. If the Multifamily Developer desires to make any
• .changes in any Construction Plans after their approval by the City, the Multifamily Developer
shall submit the proposed change to the City for its approval provided that no approval shall be
required if the aggregate amount of such changes do not alter the construction cost for the
Development by an increase or decrease of more than ten percent (10%) and if such change is
not otherwise required to be submitted to the City pursuant to City law and ordinances or
pursuant to any agreement entered into in connection with the City's planned unit development
approval. The City's approval of changes pursuant to this Agreement will not be unreasonably
withheld, conditioned or delayed. If the Construction Plans, as modified by the proposed change,
are acceptable to the City, the City shall approve the proposed change and notify the Multifamily
Developer in writing of its approval. Any requested change in the Construction Plans shall, in
any event, be deemed approved by the City unless rejected, in whole or in part, by written notice
by the City to the Multifamily Developer, setting forth in detail the reasons therefor. Such
rejection shall be made within ten (10) days after receipt of the notice of such change.
Section 5.5. Commencement and Completion of Construction Subject to Unavoidable
Delays, the Multifamily Developer shall commence construction of the Minimum Improvements
within thirty (30) days after the Closing Date and complete such construction within twenty four
(24) months after commencement. All work with respect to the Minimum Improvements to be
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constructed or provided by the Multifamily Developer on the Multifamily Development Property
shall be in substantial conformity with the Construction Plans as submitted by the Multifamily
• Developer and approved by the City, subject to changes permitted under Section 5.4.
Section 5.6. Certificate of Completion. The Multifamily Developer shall notify the City
when construction of the Minimum Improvements has been substantially completed. The City
shall promptly inspect the Minimum Improvements in order to determine whether such
Minimum Improvements have been constructed in substantial conformity with the approved
Construction Plans. If the City determines that the Minimum Improvements have not been
constructed in substantial conformity with the approved Construction Plans, the City shall
deliver a written statement to the Multifamily Developer indicating in adequate detail the
specific respects in which the Minimum Improvements have not been constructed in substantial
conformity with the approved Construction Plans and Developer shall promptly remedy such
deficiencies. Promptly upon determining that the Minimum Improvements have been
constructed in substantial conformity with the approved Construction Plans, the City will furnish
to the Multifamily Developer a Certificate of Completion certifying the completion of the
Minimum Improvements. The Certificate of Completion issued for the Minimum Improvements
shall conclusively satisfy and terminate the agreements and covenants of the Multifamily
Developer in this Agreement to construct the Minimum Improvements. The Multifamily
Developer shall cause the Certificate of Completion to be recorded in the proper office for
recordation of deeds and other instruments pertaining to the Multifamily Development Property.
Section 5.7. Zonine and Permitting. Nothing in this Agreement shall be deemed to
excuse the Multifamily Developer from complying with the City's nornial zoning and
construction permitting process as it relates to the development of the Minimum Improvements.
ARTICLE VI
• Section 6.1. Insurance.
Insurance and Condemnation
(a) The Multifamily Developer will provide and maintain or cause to be provided and
maintained at all times during the process of constructing the Minimum Improvements and, from
time to time at the request of the City, furnish the City with proof of payment of premiums on:
(i) Builder's risk insurance, written on the so-called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so called "all risk" form of policy;
(ii) General liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations, Broadening Endorsement including
contractual liability insurance) with limits against bodily injury and property damage of
not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an
umbrella excess liability policy may be used); and
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(iii) Worker's compensation insurance, with statutory coverage and employer's
liability protection.
• (b) After completion of construction of the Minimum Improvements, the Multifamily
Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to
time at the request of the City shall furnish proof of the payment of premiums on, insurance as
follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured against by similar
businesses, including (without limiting the generality of the foregoing) fire, extended
coverage, all risk vandalism and malicious mischief, boiler explosion, water damage,
demolition cost, debris removal, and collapse in an amount not less than the full insurable
replacement value of the Minimum Improvements, but any such policy may have a
deductible amount of not more than $25,000. No policy of insurance shall be so written
that the proceeds thereof will produce less than the minimum coverage required by the
preceding sentence, by reason of co-insurance provisions or otherwise, without the prior
consent thereto in writing by the City. The term "full insurable replacement value" shall
mean the actual replacement cost of the Minimum Improvements (excluding foundation
and excavation costs and costs of underground flues, pipes, drains and other uninsurable
items) and equipment, and shall be determined from time to time at the request of the
City, but not more frequently than once every three years, by an insurance consultant or
insurer, selected and paid for by the Multifamily Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability (with employee exclusion deleted), and automobile insurance, including
owned, non-owned and hired automobiles, against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of
$2,000,000.00.
• (iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Multifamily Developer, in such amount as is customarily
carried by like organizations engaged in like activities of comparable size and liability
exposure; provided that the Multifamily Developer may be self-insured with respect to all
or any part of its liability for worker's compensation.
(c) The policies of insurance required pursuant to Subsections (a) and (b) above shall
be in form and content satisfactory to the City and shall be placed with financially sound and
reputable insurers licensed to transact business in the State, the liability insurer to be rated A or
better in Best's Insurance Guide and shall contain an agreement of the insurer to give not less
than thirty (30) days' advance written notice to the City in the event of cancellation of such
policy or change affecting the coverage thereunder and shall name the City as an additional
named insured or loss payee, as appropriate.
(d) The Multifamily Developer agrees to notify the City promptly in the case of
damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
15
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~J
portion thereof resulting from fire or other casualty. In the event of any such damage, the
Multifamily Developer will forthwith repair, reconstruct and restore the Minimum Improvements
• to substantially the same or an improved condition or value as existed prior to the event causing
such damage and, to the extent necessary to accomplish such repair, reconstruction and
restoration, the Multifamily Developer will apply the proceeds of any insurance relating to such
damage received by the Multifamily Developer to the payment or reimbursement of the costs
thereof. Any insurance proceeds remaining after completion of such repairs, construction and
restoration shall be remitted to the Multifamily Developer.
(e) The City agrees that any interest on its part by virtue of this Agreement in the
application or receipt of any proceeds of insurance under the policies required by subsections
(a)(i) or (b)(i) above shall be subordinate to the interest of the Multifamily Developer's lenders
of financing for the construction of the Minimum Improvements.
Section 6.2. Condemnation. In the event that title to and possession of the Minimum
Improvements or any material part thereof shall be taken in condemnation or by the exercise of
the power of eminent domain by any governmental body or other person, the Multifamily
Developer shall, with reasonable promptness after such taking, notify the City as to the nature
and extent of such taking. Upon receipt of any condemnation award, the Multifamily Developer
shall elect to either: (a) use the entire condemnation award to reconstruct the Minimum
Improvements (or, in the event only a part of Minimum Improvements have been taken, then to
reconstruct such part) within the Tax Increment District; or (b) retain the condemnation awazd
whereupon in the event that a substantial portion of the Multifamily Development Property and
Minimum Improvements have been taken, the City's obligations under the Note shall be
terminated.
ARTICLE VII
Mortgage Financing
• Section 7.1. MorteaQe Financing. Prior to the issuance of the Note to the Multifamily
Developer, the Multifamily Developer shall provide to the City evidence that the Multifamily
Developer has secured or will secure fmancing sufficient for construction of the Minimum
Improvements. If the City fords that the evidence is acceptable, then the City shall notify the
Multifamily Developer in writing of its approval. Such approval shall not be unreasonably
withheld and either approval or rejection shall be given within fourteen (14) days from the date
when the City is provided the evidence. If the City rejects the evidence as inadequate, it shall do
so in writing specifying the basis for the rejection. In any event, the Multifamily Developer may
resubmit adequate evidence that it has secured or will secure financing after such rejection.
Section 7.2. Mortgagee's Option to Cure Events of Default. Upon the occurrence of an
Event of Default under this Agreement, the City agrees to use its best efforts to provide the
mortgagee under any Mortgage with written notice of such Event of Default and such mortgagee
shall have the right, at its option, to cure or remedy such Event of Default; provided, that a
failure to give such notice shall not impair the City to exercise any remedy available to it as a
result of such Event of Default.
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Section 7.3. Subordination of Agreement. In order to facilitate the obtaining of
fmancing 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 Multifamily
Development Property and the Minimum Improvements to the rights of the Multifamily
Developer's lenders under their loan documents.
ARTICLE VIII
Prohibitions Against Assignment and Transfer Indemnification
Section 8.1. Prohibition Against Transfer of Development Propertv and Assignment of
Agreement. The Multifamily Developer represents and agrees that the Multifamily Developer
has not made or created, and will not make or create, or suffer to be made or created, any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Multifamily Development Property
(except for leases of residential units or leases of retail space, assignments or encumbrances in
favor of a lender providing construction or permanent fmancing for the Minimum Improvements,
or easements or other encumbrances necessary for the Development) or any part thereof or any
interest herein or therein, or any contract or agreement to do any of the same, without the prior
written approval of the City, which approval shall not be unreasonably withheld or delayed. No
assignment or transfer shall relieve the Multifamily Developer of any liability under this
Agreement unless the City agrees in writing to such release. The restrictions on transfer and
encumbrance of the Multifamily Development Property set forth in this Section shall terminate
with respect to the Minimum Improvements on the expiration of the term of this Agreement.
Section 8.2. Release and Indemnification Covenants
(a) The Multifamily Developer releases from and covenants and agrees that the City
and the governing body members, officers, agents, servants and employees thereof (referred to
• for purposes of this Section collectively as the "Indemnified Parties") shall not be liable for and
agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to
property or any injury to or death of any person occurring at or about or resulting from any
defect in the Minirnum Improvements, except to the extent caused by the negligence, gross
negligence, willful misrepresentation or any willful or wanton misconduct of the Indemnified
Parties.
(b) Except when caused by any negligence, gross negligence, willful
misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the
Multifamily Developer agrees to protect and defend the Indemnified Parties, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from
this Agreement, or the transactions contemplated hereby or the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements.
(c) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
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obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City in the individual capacity thereof.
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined The term "Event of Default" shall mean,
whenever it is used in this Agreement (unless the context otherwise provides), any failure by
Developer or the City to substantially observe or perform any material covenant, condition,
obligation or agreement on its part to be observed or performed hereunder.
Section 9.2. Citv's Remedies on Default Whenever any Event of Default by Developer
occurs, the City may take any one or more of the following actions after providing thirty (30)
days written notice to the Multifamily Developer of the Event of Default, but only if the Event of
Default has not been cured within said thirty (30) days, provided, however, that if such Event of
Default is by its nature incapable of cure within thirty (30) days if the Multifamily Developer
provides to the City evidence, reasonably acceptable to the City, that the Event of Default will be
cured and will be cured as soon as reasonably possible, then the Multifamily Developer shall
have such additional time as is reasonably necessary to cure such Event of Default but only so
long as the Multifamily Developer is diligently pursuing such cure:
(a) Suspend its performance of the City's obligations under this Agreement and the
Note until the Event of Default is cured. If the City suspends its performance of its obligation to
make payments due under the Note, the City shall make the suspended payments to the
Multifamily Developer within five (5) business days following the Multifamily Developer's cure
of the Event of Default. The City is not obligated to invest any amounts the City retains as a
result of the City's suspension of its performance of its obligation to make payments under the
Note, and is not obligated to pay Developer interest on the amount of the suspended payments
• between the date the payment is suspended and the date the City makes the suspended payment
to the Multifamily Developer.
(b) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to the City to collect any payments due under this Agreement,
or to enforce performance and observance of any obligation, agreement, or covenant of the
Multifamily Developer under this Agreement.
(c) If Developer defaults on its obligation to pay Acquisition Costs under Article III,
the City may abandon the condemnation proceeding. Any costs incurred by the City, including
any amounts the City is obligated to pay to owners named in the condemnation petition or other
individuals or entities for attorneys fees, appraisal fees, relocation payments and other costs shall
be considered Acquisition Costs.
Section 9.3. Develoner's Remedies on Default Whenever any Event of Default by City
occurs, the Multifamily Developer may take whatever action, including legal, equitable or
administrative action (including an action for specific performance), which may appear
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necessary or desirable to the Multifamily Developer to collect any payments due under this
Agreement, or to enforce performance and observance of any obligation, agreement, or covenant
of the City under this Agreement after providing thirty (30) days written notice to the City of the
Event of Default, but only if the Event of Default has not been cured within said thirty (30) days,
provided, however, that if such Event of Default is by its nature incapable of cure within thirty
(30) days if the City provides to the Multifamily Developer evidence, reasonably acceptable to
the Multifamily Developer, that the Event of Default will be cured and will be cured as soon as
reasonably possible, then the Multifamily Developer shall have such additional time as is
reasonably necessary to cure such Event of Default but only so long as the City is diligently
pursuing such cure.
Section 9.4. N_o Remedv Exclusive. No remedy herein conferred upon or reserved to the
City or Developer is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the City
or the Multifamily Developer to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required in this Article IX.
Section 9.5. No Additional Waiver Implied by One Waiver In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
Section 9.6. Costs of Enforcement. Whenever any Event of Default by the Multifamily
Developer occurs and the City shall employ attorneys or incur other expenses for the collection
of payments due or to become due or for the enforcement of performance or observance of any
• obligation or agreement on the part of the Multifamily Developer under this Agreement, the
Multifamily Developer agrees that it shall be liable for the reasonable fees of such attorneys and
such other reasonable expenses so incurred by the City.
ARTICLE X
Additional Provisions
Section 10.1. Representatives Not Individually Liable No member, official, or
employee of the City shall be personally liable to the Multifamily Developer, or any successor in
interest, in the event of any default or breach or for any amount which may become due to
Developer or its successor or on any obligations under the terms of the Agreement.
Section 10.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
19
•
Section 10.3. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Multifamily Developer, is addressed to or delivered personally
to the Multifamily Developer at 233 Park Avenue South, Suite 201, Minneapolis, Minnesota
55415; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, 2077 West Larpenteur Avenue, Falcon Heights, Minnesota 55113.
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.4. Disclaimer of Relationships Nothing contained in this Agreement nor any
act by the City or the Multifamily Developer shall be deemed or construed by any person to
create any relationship of third-party beneficiary, principal and agent, limited or general partner,
or joint venture among the City, the Multifamily Developer, and/or any third party.
Section 10.5. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Multifamily Developer and the City.
Section 10.6. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.7. Judicial Interpretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
. construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof.
Section 10.8. Business Subsidy Agreement. The City has held a public hearing on the
provision of a business subsidy to the Multifamily Developer as required by Minnesota Statutes,
Sections 116J.993 to 116J.995. After the public hearing the City found that there are no wage or
job goals required of the Multifamily Developer because the primary purpose of the City in
assisting the Multifamily Developer's development is to eliminate blighted and deteriorating
improvements on the subject property and to provide affordable housing for low and moderate
income persons and their families, and not for the purposes of job creation or retention.
Notwithstanding the foregoing, at the time of conveyance of the Shopping Center Parcel to the
Multifamily Developer, the Multifamily Developer shall enter into the Business Subsidy
Agreement to satisfy the other requirements of the law.
Section 10.9. Term. The term of this Agreement shall be effective from the day and year
first above written until the Maturity Date.
20
Section 10.10. Park Dedication Fee. The Multifamily Developer agrees to pay to the
• City $150,000.00 as the Park Dedication Fee applicable to the following three developments
known as the Town Square Project: (1) the Multifamily Development to be constructed on real
property legally described as Lot 1, Block 1, Falcon Heights Town Square Second;_(2) the Senior_ _ - - Deleted: aaatc~on
Development to be constructed on real property legally described as Lot 1, Block 1, Falcon
Heights Town Square; and (3) the Townhome Development to be constructed on real property
legally described as Lot 2, Block 1, Falcon Heights Town Square. The Park Dedication Fee will
be paid in two installments: $75,000.00 will be paid on the closing date of the first mortgage
loan for the portion of the Town Square Project commonly referred to as the Multifamily
Development; and $75,000.00 will be paid on December 31, 2005.
ARTICLE XI
HUD Requirements
Section 11.1. Subordination. Notwithstanding anything in this document to the contrary,
except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the provisions hereof are expressly
subordinate to the promissory note dated as of ~1pri1 1, 2004, .given by_Developer.to ,Glaser _ _ - aeietea: 200_
Financial Group, Inc. (the "HUD Note"), the mortgage securing the HUD Note (the "HUD
Mortgage"), the regulatory agreement executed in connection with the HUD Note (the "HUD
Regulatory Agreement") (collectively, the "HUD Loan Documents"), and subordinate to all
applicable HUD mortgage insurance (and Section 8, if applicable) regulations and related
administrative requirements. In the event of any conflict between the provisions of this
document and the provisions of applicable HUD regulations, related HUD administrative
requirements, or HUD Loan Documents, the HUD regulations, related administrative
requirements or HUD Loan Documents shall control.
Section 11.2. Foreclosure. In the event of foreclosure of the HUD Mortgage or transfer
• of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall
automatically terminate (except that the requirements set out in 26 U.S.C. 42(h)(6)(E)(ii) that for
three (3) years low income tenants may not be evicted and their rents may not be raised may
remain on the Project, as defined in the HUD Note.
Section 11.3. Default. Failure to comply with the land-use covenants contained herein
will not serve as basis for default on the HUD Mortgage.
Section 11.4. Covenants. The covenants contained herein are not included in any of the
HUD Loan Documents.
Section 11.5. Enforcement. Enforcement of the covenants herein will not result in any
claim against the Project, the proceeds from the HUD Mortgage, any reserve or deposit required
by HLJD in connection with the mortgage transaction, or the rents or other income and the
Property other than from available Surplus Cash, as defined in the HUD Regulatory Agreement.
21
•
Section 11.6. Amendment. So long as the Development is subject to a mortgage insured
or held by HUD, any subsequent amendment to this document is subject to prior written HUD
• approval of such amendment.
Section 11.7. No Action. No action shall be taken in accordance with the rights granted
herein, or prohibiting the Multifamily Developer from taking any action, except in strict
accordance with the National Housing Act, applicable mortgage insurance regulations, HUD
Loan Documents, or if applicable, Section 8 of the U.S. Housing Act of 1937 and the regulations
thereunder.
Section 11.8. Covenant. The Multifamily Developer warrants that the covenants
contained herein do not conflict with any applicable HUD mortgage insurance regulation of
Section 8 of the U.S. Housing Act of 1937 and the regulations thereunder.
[The remainder of this page has been left blank intentionally.
Signature pages follow.]
•
22
•
• SIGNATURE PAGE TO
AMENDED AND RES~'ATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
BY.
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
• , by Susan L. Gehrz and by Heather M. Worthington, respectively the
Mayor and City Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
23
• SIGNATURE PAGE TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSffiP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
By
George E. Sherman
Its President
STATE OF 1VIIl~TNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
by George E. Sherman, the President of Sherman Associates, Inc., a
Minnesota corporation, the General Partner of Falcon Heights Town Squaze Limited Partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
24
SCHEDULE A
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Multifamily Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
~------------------------------------------------------------------------~"~-' Deleted:0utlotA
Lot 1, Blocl< 1, FALCON HEIGHTS TOWN SQUARE SECOND
C,
•
SCHEDULE B
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIlVIITED PARTNERSHIP
Site Plan for Falcon Heights Town Square
(See Attached)
•
SCHEDULE C
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Senior Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE
•
•
SCHEDULE D
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Townhome Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 2, Block 1, FALCON HEIGHTS TOWN SQUARE
:~
SCHEDULE E
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
BUSINESS SUBSIDY AGREEMENT
THIS AGREEMENT, made on or as of the, y8th day of _ ril 2004,_by and between the_ - ~eietea: _
City of Falcon Heights, a Minnesota municipal corporation (hereinafter referred to as the "City"), ~ ~ ~i~; _
and Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership ~--~
(hereinafter referred to as the "Multifamily Developer").
WHEREAS, the Multifamily Developer and the City have entered into an Amended and
Restated Development Agreement dated effective,~pri l 28, 2004 the "Contract") pursuant_to_ - - Heisted: ~ ofJ~,~ry 7 --~
which the Multifamily Developer has agreed to construct a mixed use residential/commercial
development within the City; and
WHEREAS, in order to induce the Multifamily Developer to undertake such
development, the City has agreed in the Contract to provide certain assistance to the Multifamily
Developer by reimbursing the Multifamily Developer for certain costs of preparing such property
for construction of the development; and
WHEREAS, Minnesota Statutes, sections 1167.993 to 1167.995, provides that a
government agency that provides financial assistance for certain purposes must enter into a
business subsidy agreement setting forth goals to be met and the financial obligations of the
recipient of the assistance if the goals are not met; and
WHEREAS, the City Council of the City has held a public hearing concerning the
• assistance to be provided to the Multifamily Developer and has determined that the goals sought
to be accomplished by assisting the Multifamily Developer do not include wage and job goals;
and
WHEREAS, the City and the Multifamily Developer agreed in the Contract that they
would enter into this Business Subsidy Agreement to satisfy the requirement of sections
1167.993 to 1167.995.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning cleazly appears
from the context:
"Act" means Minnesota Statutes. Sections 116J.993-.995.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Benefit Date" means the earlier of: (i) the date that the Commercial Component of the
Improvements is completed; or (ii) the date that the Commercial Component of the
Improvements is first occupied.
"City" means the City of Falcon Heights, Minnesota.
"Commercial Component" means that portion of the Improvements consisting of
approximately 12,000 square feet of retail space.
"Contract" means the Amended and Restated Development Agreement between the City
and the Multifamil Develo er dated effective as of ri12$ 2004. _ _ . _ Deleted; J~ ~
Y p
"Multifamily Developer" means Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership, its successors and assigns, or any future owners of the
Multifamily Development Property.
"Multifamily Development Property" means the real property described as such in the
Contract.
"Improvements" means the construction by the Multifamily Developer of a
commerciaUresidential development pursuant to the Contract.
"State" means the State of Minnesota.
• "Subsidy" means the tax increment financing assistance provided to the Multifamily
Developer under the Contract and which is attributable to the Commercial Component; provided,
that the amount of the Subsidy at any particular time shall not exceed the amount that has been
actually paid to the Multifamily Developer.
ARTICLE II
Job and Waee Goals; Required Provisions
Section 2.1. Emnlovment and Waee Requirements. The City has determined that no
wage and job goals will be imposed on the Multifamily Developer.
Section 2.2. R orts. The Multifamily Developer agrees that it will provide to the City
and any other authorized agency all reports required by the Act. Such reports shall be submitted
at the times required by the Act.
•
Section 2.3. Continuine Obli ation. The Multifamily Developer agrees that it will
continuously operate the Commercial Component of the Improvements for a period of at least
five (5) years from the Benefit Date.
Section 2.4. Required Provisions. The following provisions are required by the Act:
(a) The Subsidy is being provided for the public purposes of developing redeveloping
property containing substandard buildings and improvements. The Subsidy is necessary to offset
the high costs associated with acquiring the Multifamily Development Property and preparing it
for development. Absent the Subsidy, redevelopment of the Multifamily Development Property
would not be economically feasible.
(b) The Subsidy is being financed with tax increment generated from the City's Tax
Increment Financing District No. 1-3, a redevelopment tax increment district.
ARTICLE III
Default
Section 3.1. Defaults Defined. It shall be a default under this Agreement if the
Multifamily Developer fails to comply with any term or provision of this Agreement, and fails to
cure such failure within thirty (30) days after written notice to the Multifamily Developer of the
default, but only if the default has not been cured within said thirty (30) days.
Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable
loan, repayable only if the Multifamily Developer fails to fulfill its obligations under section 2.3
of this Agreement. Upon the occurrence of a failure to continue operations as required by
Section 2.3 the Multifamily Developer shall repay to the City upon written demand from the City
a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as
. defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term
"pro rata share" means sixty (60) less the number of months of operation (where any month in
which the Improvements are in operation for at least fifteen (15) days constitutes a month of
operation), commencing on the Benefit Date and ending with the date the Multifamily Developer
ceases operation as reasonably determined by the City, divided by 60.
Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement
and the City shall employ attorneys or incur other expenses for the collection of payments due or
for the enforcement of performance or observance of any obligation or agreement on the part of
the Multifamily Developer under this Agreement, the Multifamily Developer shall be liable to
the City for the reasonable fees of such attorneys and such other expenses so incurred by the
City.
ARTICLE IV
• Miscellaneous
Section 4.1. Provisions of Agreement Not Affected. Except as expressly provided
herein, this Agreement is not intended to modify or limit in any way the terms of the Contract.
Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 4.3. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Multifamily Developer and the City.
Section 4.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 4.5. Judicial Interpretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof. The City and Multifamily Developer
agree that this Agreement is intended to satisfy the requirements of the Act, which is
incorporated herein and made a part hereof by reference. In the event that any provision of this
Agreement conflicts with the terms of the Act, the terms of the Act shall govern.
,f The remainder of thi~a~e was left blank intentional _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , ueieted: -aye Break
• Signature pages follow.l
•
SIGNATURE .PAGE TO
• BUSINESS SUBSIDY AGREEMENT
~J
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
The foregoing instrument was acknowledged before me this day of April, 2004, _ _ - Deleted: _ -~
by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
Notary Public
•
SIGNATURE PAGE TO
BUSINESS SUBSIDY AGREEMENT
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
rts name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed m its name and behalf on or as of the date first above ~~~ritten.
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
By
George E. Sherman
Its President
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
~ The foregoing instrument was acknowledged before me this day of,~ipril, 2004, . , - Deleted:
~~
by George E. Sherman, the President of Sherman Associates, Inc., a Minnesota corporation, the
General Partner of Falcon Heights Town Square Limited Partnership, a Minnesota limited
• partnership, on behalf of the limited partnership.
Notary Public
•
SCHEDULE F
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
CERTIFICATE OF COMPLETION
WHEREAS, the City of Falcon Heights, a Minnesota municipal corporation (hereinafter
referred to as the "City"), and Falcon Heights Town Squaze Limited Partnership, a Minnesota
limited partnership (hereinafter referred to as the "Multifamily Developer") by an Amended and _
Restated Development Agreement dated ril _28, _ 2004 (the_ "Agreement"), has a_ssi_sted_ - Heisted: January 7 -~
Multifamily Developer in the financing of the Minimum Improvements (as defined in the
Agreement) constructed upon the following described land in the County of Ramsey, State of
Minnesota (the "Multifamily Development Property"):
Lot 1, Block 1, Falcon Heights Town Square Second; - Deleted: Aaa;soo
and
WHEREAS, the Agreement contained certain covenants and conditions and the
Multifamily Developer has fully and duly performed all of said covenants and conditions insofar
as the Multifamily Developer is able; and
WHEREAS, the issuance of this Certificate of Completion by the City is not intended
nor shall it be construed to be a warranty or representation by the City as to the structural
soundness of the improvements, quality of materials, workmanship or the fitness of the
• improvements for their proposed use; and
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Multifamily Developer under the
Agreement have been completed and all of the covenants and conditions in the Agreement
relating thereto have been duly and fully performed by the Multifamily Developer therein and
that the provisions of the Agreement in favor of the City therein are hereby released absolutely
and forever insofaz as it applies to the construction of the Minimum Improvements on the
Multifamily Development Property, and the County Recorder and the Registrar of Titles, as
applicable, in and for the County of Ramsey, State of Minnesota is hereby authorized to accept
for recording and to record this instrument, to be a conclusive determination of the satisfactory
termination of the covenants and conditions regarding the construction of the Minimum
Improvements on the Multifamily Development Property as provided in the Agreement.
IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed in
its name and behalf on or as of the day of , 200
•
CITY OF FALCON HEIGHTS
•
By
By
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
Susan L. Gehrz, Mayor
Heather M. Worthington
City Administrator/Clerk
The foregoing instrument was acknowledged before me this day of
200_, by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
• Eagan, MN 55121
Telephone: (651) 452-5000
•
SCHEDULE G
• TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSffiP
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFAMILY TIF NOTE)
The City of Falcon Heights, Minnesota (the "City"), hereby acknowledges itself to be
indebted and, for value received, promises to pay to the order of Falcon Heights Town Square
Limited Partnership, a Minnesota limited partnership, or its permitted assigns (the "Owner"),
solely from the source, to the extent and in the manner hereinafter provided, the principal amount
of this Note, being Dollars ($ .00)
(the "Principal Amount"), together with interest thereon at the rate of percent
~%) per annum (the "Rate"). Interest shall begin to accrue on the unpaid principal amount of
this Note on January 1, 2005. The amounts due under this Note are payable on June 30 and
December 31 of each year commencing on June 30, 2006, and continuing to and including
December 31, 2031 (the "Scheduled Payment Dates"). This Note is the note referred to as the
Multifamily TIF Note in that certain Amended and Restated Development Agreement dated as of
,between the City and the Owner (the "Agreement").
Each payment on this Note is payable in any coin or currency of the United States of
America which on the date of such payment is legal tender for public and private debts and shall
• be made by check or draft made payable to the Owner and mailed to the Owner at its postal
address within the United States which shall be designated from time to time by the Owner.
The Note is a special and limited obligation and not a general obligation of the City,
which has been issued by the City pursuant to and in full confornuty with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to
aid in financing a "project", as therein defined, of the City consisting generally of defraying
certain capital and administrative costs incurred and to be incurred by the City within and for the
benefit of its Municipal Development District No. 1 (the "Project").
TffiS NOTE IS SPECIAL AND LIlVIITED AND NOT A GENERAL
OBLIGATION OF THE CITY PAYABLE SOLELY OUT OF AVAILABLE TAX
INCREMENT, AS DEFINED BELOW, AND NEITHER THE STATE NOR ANY
POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR
SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN AVAILABLE TAX INCREMENT.
•
The Scheduled Payment of this Note due on any Scheduled Payment Date is payable
solely from and only to the extent that the City shall have received in the six (6) month period
• preceding such Scheduled Payment Date "Multifamily Available Tax Increment" and/or
"Multifamily Supplemental Available Tax Increment". For purposes of this Note, Multifamily
Available Tax Increment and Multifamily Supplemental Available Tax Increment with respect to
any Scheduled Payment Date shall have the meaning set forth in the Agreement and shall be
referred to collectively in this Note as "Available Tax Increment". Available Tax Increment
constitutes all or a portion of the tax increment generated in the calendar year of the Scheduled
Payment Date with respect to that certain real property described on the attached Exhibit A
(hereinafter referred to as the "Property").
The City shall pay on each Scheduled Payment Date to the Owner, the Available Tax
Increment received by the City in the six (6) month period preceding such Scheduled Payment
Date. To the extent that on the Maturity Date (as defined in the Agreement) after making any
Scheduled Payment to be made on such date, the City has not paid the entire Principal Amount
and interest due under this Note, this Note shall nonetheless terminate and the City shall have no
further obligations hereunder. All payments made by the City under this Note shall be first
applied to accrued interest and then to the Principal Amount.
The City's obligations herein are subject to the terms and conditions of the Agreement.
The City's payment obligations hereunder may be suspended pursuant to Section 9.2 of the
Agreement. If the City suspends its performance of its obligation to make payments due under
this Note, the City shall make the suspended payments to the Owner within five (5) business
days following the cure of the Event of Default (as defined in the Agreement). The City is not
obligated to invest any amounts the City retains as a result of the City's suspension of its
performance of its obligation to make payments under this Note, and is not obligated to pay
Owner interest on the amount of the suspended payments between the date the payment is
suspended and the date the City makes the suspended payment to the Multifamily Developer.
. This Note shall not be payable from or constitute a charge upon any funds of the City,
and the City shall not be subject to any liability hereon or be deemed to have obligated itself to
pay hereon from any funds except Available Tax Increment, and then only to the extent and in
the manner herein specified. The Owner shall never have or be deemed to have the right to
compel any exercise of any taxing power of the City or of any other public body, and neither the
City nor any director, commissioner, council member, board member, officer, employee or agent
of the City, nor any person executing or registering this Note shall be liable personally hereon by
reason of the issuance or registration hereof or otherwise.
This Note shall not be transferable or assignable, in whole or in part, by the Owner
without the prior written consent of the City. The City hereby consents to the assignment of this
Note to the First Mortgage Lender and HUD (as such terms are defined in the Agreement). This
Note is issued pursuant to action by the Falcon Heights City Council at its January 7, 2004
meeting.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened,
•
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the City of Falcon Heights, by its City Council, has caused
this Note to be executed by the manual signatures of the Mayor and the City Administrator/Clerk
of the City and has caused this Note to be dated ,
CITY OF FALCON HEIGHTS
By
By
Susan L. Gehrz, Mayor
Heather M. Worthington
City Administrator/Clerk
•
•
EXIIIBIT A TO
UNITED STATES OF AMERICA
• STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFAMILY TIF NOTE)
Legal Description of Development Property
Lot 1, Block 1, Falcon Heights Town Square Second _ - - - Deleted: Addition
Lot 2, Block 1, Falcon Heights Town Square
•
~~
LJ
SCHEDULE H
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
PLAT OF FALCON HEIGHTS TOWN SQUARE
(See Attached)
.]
•
SCHEDULEI
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
. THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIlVIITED PARTNERSHIP
RESTAURANT PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Tract A, Registered Land Survey No. 73.
•
•
SCHEDULE J
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
• THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SHOPPING CENTER PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Parcel 1:
Tracts A through K, Registered Land Survey No. 94.
Parcel 2:
Tract A, except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet of
the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2.
Parcel 3:
The West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of the
Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29,
Range 23, except public streets and highways.
•
•
SCHEDULE K
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
5NELLING AVENUE PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter
of the Northwest Quarter of Section 22, Township 29 North, Range 23 West, Ramsey County,
Minnesota, lying Northerly of the Westerly extension of the Southerly line of Tract A,
Registered Land Survey Number 2;
which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest comer of said Section 22; thence run Easterly along the
North line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on
an azimuth of 179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line
1 to be described; thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet;
thence on an azimuth of 179 degrees, 53 minutes 31 seconds for 550.89 feet and there
terminating.
SCHEDULE L
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SNELLING AVENUE FRONTAGE ROAD -NORTH OF LARPENTEUR
Real property situated in Ramsey County, Minnesota, legally described as follows:
That part of the west 110 feet of Lots 1, 2 and 3, the west 19.31 feet of Lot 23, and Lot 24, Block
10, FALCON HEIGHTS ADDITION, which lies easterly of Line 1 described below:
Line 1. Beginning at the southwest corner of Section 15, Township 29 North,
Range 23 West; thence run easterly along the south line of the Southwest Quarter
of said Section 15, on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53
feet; thence on an azimuth of 359 degrees 35 minutes 10 seconds for 147.84 feet;
thence on an azimuth of 269 degrees 35 minutes 28 seconds for 39.50 feet; thence
on an azimuth of 359 degrees 35 minutes 28 seconds for 2000 feet and there
terminating.
r~
•
POLICY Hl
4/28/04
ITEM: Consideration of Resolutions 04-10 and 04-11 regarding turn back of
Hamline, Roselawn, and Hoyt Avenues from Ramsey County
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Bill Maertz, Parks and Public Works Director
Roger Knutson, City Attorney
EXPLANATION:
Summary: In late 2003, the city, represented by City Administrator Worthington and Parks and
Public Works Director Maertz, began meeting with staff from Roseville, Saint Paul, and Ramsey
County to negotiate the turn backs of Roselawn, Hamline and Hoyt Avenues. These discussions
extended into 2004, and the parties reached an agreement in March, 2004 regarding the funding
of the turn backs, repair of existing county road included in the turn backs, and agreements
between Falcon Heights and the two cities, as well as the county. Because all of the roads
included in this turn back are border roads, the turn backs negotiated include two cities-wither
Falcon Heights and Roseville or Falcon Heights and Saint Paul.
The State of Minnesota Street Aid (MSA) account filing deadline for turn backs in May 1, 2004.
The county staff negotiated a turn back agreement that included major repair work, as well as
cash payments for the turn backs of certain portions of Roselawn and Hamline Avenues. The
value of this work, or cash payment is listed below:
In order to have these roadways placed on our system for MSA in 2005, the turn backs must be
recorded by that date. These roadways represent a significant addition for funding to our MSA
account, which helps to fund street projects and other street-related projects such as the recent
Curtiss Field reconstruction project.
• Roselawn (Snelling to Hamline) turn back: $175,000 total (cash payment shared by
Roseville and FH).
• County repair of all deteriorated catch basin on Roselawn from Cleveland to Hamline;
• Mill and overlay of Roselawn from Cleveland to Fairview; Crack seal of Roselawn from
Fairview to Snelling: $117,600
• Hamline Avenue reconstruct (Falcon Heights only): $53,000
• Roselawn, Fulham to Cleveland, repair structures and mill and overlay: $184,774
• Seal coat Hoyt from Snelling to Hamline: $4,000
Total: $534,374 (both direct payments and value of improvements prior to turn
back) to the cities of Roseville and Falcon Heights.
•
~6
•
CJ
POLICY Hl
4/28/04
(continued)
Two resolutions for the turn back are attached. 04-10 is for the turn back of Hamline Avenue
from Hoyt to Larpenteur, and Roselawn from Cleveland to Hamline. 04-11 is for the turn back
of County State Aid Highways (CSAH), Hoyt Avenue from Snelling to Hamline, and Roselawn
Avenue from Fulham to Cleveland. Two resolutions are needed because two sections of the turn
backs are CSAH, and require a different resolution from the county road turn backs.
ATTACHMENTS:
• Resolutions 04-10 and 04-11 on pages
ACTION REQUESTED:
• Discussion
• Motion to approve Resolutions 04-10 and 04-11
67
•
CITY OF FALCON HEIGHTS
RESOLUTION 2004-10
ACCEPTANCE OF TURNBACK OF HAMLINE AVENUE (COUNTY ROAD 132),
FROM HOYT AVENUE TO LARPENTEUR AVENUE, AND ROSELAWN AVENUE
(COUNTY ROAD 114), FROM CLEVELAND AVENUE TO HAMLINE AVENUE,
LOCATED IN THE CITY OF FALCON HEIGHTS
WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government
Services Study Commission to "report on the advantages and disadvantages of sharing,
cooperating, restructuring, or consolidating...." activities in areas of public service, including
public works; and
WHEREAS, the consolidation plan provides for reclassification of roadways and corresponding
changes in jurisdiction, including the transfer of local and State Aid roadways between the
County and municipalities; and
• WHEREAS, Hamline Avenue (County Road 132), from Hoyt Avenue to Larpenteur Avenue,
and Roselawn Avenue (County Road 114), from Cleveland Avenue to Hamline Avenue, located
m the City of Falcon Heights, are presently under the ~unsdiction of Ramsey County as County
roads; and
WHEREAS, these roadways have been determined to serve a local function only; and
WHEREAS, revocation of "County Road" status may be accomplished by resolution of the
Ramsey County Board of Commissioners pursuant to Minnesota Statutes 163.11; and
WHEREAS, it appears to the City Council of the City of Falcon Heights that the streets
hereinafter described under turn back from Ramsey County should be designated Municipal
State Aid Streets under the provisions of Minnesota Law; and
WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the roadway to
acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County
to municipalities, and the Ramsey County Capital Improvement Program provides funding for
these improvements; and
WHEREAS, the City of Falcon Heights desires to reconstruct Hamline Avenue (County Road
132), from Hoyt Avenue to Larpenteur Avenue, for an estimated cost of $275,000, and fund the
project with Municipal State Aid Street sources and an estimated $53,000 from Capital
Improvement funds for Ramsey County Roadway Consolidation; and
•
~8
•
CITY OF FALCON HEIGHTS RESOLUTION 2004-10 (continued) -2-
WHEREAS, the City of Falcon Heights desires Ramsey County to repair all deteriorated
structures on Roselawn Avenue (County Road 114), from Cleveland Avenue to Snelling Avenue,
at an estimated cost of $6,500; and mill and overlay Roselawn Avenue, from Cleveland Avenue
to Fairview Avenue, for an estimated cost of $110,000; and crack seal Roselawn Avenue, from
Fairview Avenue to Snelling Avenue, for an estimated cost of $1,100, and fund the structure
repairs, mill and overlay and crack seal projects with an estimated $117,600 from Capital
Improvement Funds for Ramsey County Roadway Consolidation; and
WHEREAS, the City of Falcon Heights desires to reconstruct Roselawn Avenue (County Road
14), from Snelling Avenue to Hamline Avenue for an estimated cost of $1,000,000 and fund the
project with Municipal State Aid Street sources, and an estimated $175,000 from Capital
Improvement Funds for Ramsey County Roadway Consolidation;
NOW, THEREFORE BE IT RESOLVED, the City of Falcon Heights does hereby concur with
• the Ramsey County Board of Commissioners revoking the "County Road" status of Hamline
Avenue (County Road 132), from Hoyt Avenue to Larpenteur Avenue, and Roselawn Avenue
(County Road 114), from Cleveland Avenue to Hamline Avenue, and transfers jurisdiction over
the roadways to the City of Falcon Heights, effective after the County is in receipt of an adopted
resolution from the City of Falcon Heights concurring with the County revoking the "County
Road" status of Hamline Avenue (County Road 132), from Hoyt Avenue to Larpenteur Avenue,
and Roselawn Avenue (County Road 114), from Cleveland Avenue to Hamline Avenue, and
after the Ramsey County Office of Budgeting and Accounting has encumbered the funds
necessary to fund the County portion of the City's reconstruction projects, the structure repairs,
mill and overlay and crack seal projects; and
BE IT FURTHER RESOLVED, that as just compensation for these jurisdictional transfers the
County shall pay to the City an estimated $228,000 upon presentation of billings from the
construction contractor(s) for the reconstruction of Hamline and Roselawn Avenues; and shall
repair deteriorated structures, mill and overlay and crack seal Roselawn Avenue at an estimated
cost of $117,600; and
BE IT FURTHER RESOLVED, that upon turn back to the City of Falcon Heights from Ramsey
County the segment of Hamline Avenue (County Road 132), from Hoyt Avenue to Larpenteur
Avenue, and Roselawn Avenue (County Road 114), from Cleveland Avenue to Hamline
Avenue, be and are hereby established, located and designated as Municipal State Aid Streets of
said City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota; and
C7
~4
CITY OF FALCON HEIGHTS RESOLUTION 2004-10 (continued) -3-
BE IT FURTHER RESOLVED, the Falcon Heights City Engineer is authorized, within the
limits of this resolution, to take actions necessary to have the identified jurisdiction changes
executed.
Approved by the City Council of Falcon Heights on April 28, 2004.
Susan L. Gehrz, Mayor
ATTESTED:
Heather M. Worthington, City Administrator
•
•
70
CITY OF FALCON HEIGHTS
• RESOLUTION 2004-11
ACCEPTANCE OF TURN BACK OF HOYT AVENUE, (COUNTY STATE AID
HIGHWAY 56), FROM SHELLING AVENUE TO NAMT •INE AVENUE,
AND ROSELAWN AVENUE (COUNTY STATE AID HIGHWAY 26),
FROM FULHAM STREET TO CLEVELAND AVENUE,
LOCATED IN THE CITY OF FALCON HEIGHTS
WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government
Services Study Commission to "report on the advantages and disadvantages of sharing,
cooperating, restructuring, or consolidating...." activities in areas of public service, including
public works; and
WHEREAS, the consolidation plan provides for reclassification of roadways and corresponding
changes in jurisdiction, including the transfer of local and State Aid roadways between the
County and municipalities; and
WHEREAS, Hoyt Avenue (County State Aid Highway 56), from Snelling Avenue to Hamline
Avenue, and Roselawn Avenue (County State Aid Highway 26), from Fulham Street to
Cleveland Avenue, located in the City of Falcon Heights, are presently under the jurisdiction
of Ramsey County as County State Aid Highways; and
• WHEREAS, these roadways have been determined to serve a local function only; and
WHEREAS, revocation- of "County State Aid Highway" status may be accomplished by
resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes
162.02; and
WHEREAS, it appears to the City Council of the City of Falcon Heights that the streets
hereinafter described under turn back from Ramsey County should be designated Municipal
State Aid Streets under the provisions of Minnesota Law; and
WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the roadway to
acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County
to municipalities, and the Ramsey County Capital Improvement Program provides fianding for
these improvements; and
WHEREAS, the City of Falcon Heights desires Ramsey County to seal coat Hoyt Avenue
(County State Aid Highway 56) from Snelling Avenue to Hamline Avenue, for an estimated cost
of $4,000, and to repair deteriorated structures and mill and overlay Roselawn Avenue (County
State Aid Highway 26), from Fulham Street to Cleveland Avenue, for an estimated cost of
$184,774, and fund the seal coat, structure repairs and mill and overlay projects with an
estimated $188,774 from Capital Improvement Funds for Ramsey County Roadway
• Consolidation;
7i
CITY OF FALCON HEIGHTS RESOLUTION 2004-11 (continued) _2_
•
NOW, THEREFORE BE IT RESOLVED, the City of Falcon Heights does hereby concur with
the Ramsey County Board of Commissioners revoking the "County State Aid Highway" status
of Hoyt Avenue (County State Aid Highway 56), from Snelling Avenue to Hamline Avenue, and
Roselawn Avenue (County State Aid Highway 26), from Fulham Street to Cleveland Avenue,
and transfers jurisdiction over the roadways to the City of Falcon Heights, effective after the
County is in receipt of an adopted resolution from the City of Falcon Heights concurring with the
County revoking the "County State Aid Highway" status of Hoyt Avenue (County State Aid
Highway 56), from Snelling Avenue to Hamline Avenue, and Roselawn Avenue (County State
Aid Highway 26), from Fulham Street to Cleveland Avenue, and after the Ramsey County Office
of Budgeting and Accounting has encumbered the funds necessary to fund the seal coat, structure
repairs, and mill and overlay projects; and
BE IT FURTHER RESOLVED, that as just compensation for these jurisdictional transfers the
County shall seal coat the aforementioned segment of Hoyt Avenue at an estimated cost of
$4;000; and repair deteriorated structures and mill and overlay the aforementioned segment of
Roselawn Avenue at an estimated cost of $184,774; and
BE IT FURTHER RESOLVED, that upon turn back to the City of Falcon Heights from Ramsey
County the segment of Hoyt Avenue (County State Aid Highway 56), from Snelling Avenue to
Hamline Avenue, and Roselawn Avenue (County State Aid Highway 26), from Fulham Street to
• Cleveland Avenue, be and are hereby established, located and designated as Municipal State Aid
Streets of said City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota; and
BE IT FURTHER RESOLVED, the Falcon Heights City Engineer is authorized, within the
limits of this resolution, to take actions necessary to have the identified jurisdiction changes
executed.
Approved by the City Council of Falcon Heights on April 28, 2004.
~.
Susan L. Gehrz, Mayor
ATTESTED:
A J'
Bather M. Worthin on, City A 'strator
•
7~
• JOINT RESOLUTION
RAMSEY COUNTY AND THE CITY OF FALCON HEIGHTS
PROVIDING FOR THE IMPROVEMENT AND RECLASSIFICATION OF CERTAIN
COUNTY STATE AID HIGHWAYS LOCATED WITHIN THE CITY OF FALCON
HEIGHTS
This Agreement is made pursuant to the authority of Minnesota Statutes § 471.59, by and
between the City of Falcon Heights and the County of Ramsey, municipal corporations under the
laws of Minnesota (hereinafter referred to as "City" and "County" respectively.
WITNESSETH:
WHEREAS, The 1991 Minnesota Legislature established a Ramsey County Local
Government Services Study Commission to "report on the advantages and disadvantages of
sharing, cooperating, restructuring, or consolidating..." activities in areas of public service
including public works; and
WHEREAS, The consolidation plan provides for reclassification of roadways and
corresponding changes in jurisdiction including the transfer of local and State Aid roadways
between the County and municipalities; and
• WHE
REAS, Hamline Avenue (County Road 132) from Hoyt Avenue to Larpenteur
Avenue and Roselawn Avenue (County Road 114) from Cleveland Avenue to Hamline Avenue,
located in the City of Falcon Heights, are presently under the jurisdiction of Ramsey County as
County Roads; and
WHEREAS, These roadways have been determined to serve a local function only; and
WHEREAS, Revocation of "County Road" status maybe accomplished by resolution of
the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §163.11; and
WHEREAS, It appears to the City Council of the City of Falcon Heights that the streets
hereinafter described upon turnback from Ramsey County should be designated as Municipal
State Aid Streets under the provisions of Minnesota Law; and
WHEREAS, The consolidation plan stipulates that Ramsey County shall improve the
roadway to acceptable levels prior to transferring jurisdiction over roadway segments from
Ramsey County to municipalities, and the Ramsey County Capital Improvement Program
provides funding for these improvements; and
WHEREAS, The City of Falcon Heights desires to reconstruct Hamline Avenue (County
Road 132) from Hoyt Avenue to Larpenteur Avenue for an estimated cost of $275,000 and fund
•
111738
• the project with Municipal State Aid Street sources and an estimated $53,000 from Capital
Improvement Funds for Ramsey County Roadway Consolidation; and
WHEREAS, The City of Falcon Heights desires Ramsey County to repair all deteriorated
structures on Roselawn Avenue (County Road 114) from Cleveland Avenue to Snelling Avenue
at an estimated cost of $6,500; and mill and overlay Roselawn Avenue from Cleveland Avenue
to Fairview Avenue for an estimated cost of $110,000; and crack seal Roselawn Avenue from
Fairview Avenue to Snelling Avenue for an estimated cost of $1,100 and fund the structure
repairs mill and overlay and crack seal projects with an estimated $117,600 from Capital
Improvement Funds for Ramsey County Roadway Consolidation; and
WHEREAS, The City of Falcon Heights desires to reconstruct Roselawn Avenue
(County Road 114) from Snelling Avenue to Hamline Avenue for an estimated cost of
$1,000,000 and fund the project with Municipal State Aid Street sources and an estimated
$175,000 from Capital Improvement Funds for Ramsey County Roadway Consolidation
NOW, THEREFORE, the parties hereto do hereby jointly agree to the following:
SECTION I.
COUNTY OBLIGATIONS
• RESOLVED, That Ramsey County shall repair all deteriorated structures on Roselawn Avenue
(County Road 114) from Cleveland Avenue to Snelling Avenue at an estimated cost of $6,500;
and mill and overlay Roselawn Avenue from Cleveland Avenue to Fairview Avenue for an
estimated cost of $110,000; and crack seal Roselawn Avenue from Fairview Avenue to Snelling
Avenue for an estimated cost of $1,100 and fund the structure repairs mill and overlay and crack
seal projects with an estimated $117,600 from Capital Improvement Funds for Ramsey County
Roadway Consolidation; and
RESOLVED, That as just compensation for the jurisdictional transfers specified in Section II,
the County shall pay to the City an estimated $228,000 upon presentation of billings from the
construction contractor(s) for the reconstruction of Hamline and Roselawn Avenues.
SECTION II.
CITY OBLIGATIONS
RESOLVED, that upon the County's completion of its obligations under Section I, the City of
Falcon Heights will concur with the Ramsey County Board of Commissioners revoking the
"County Road" status of Hamline Avenue (County Road 132) from Hoyt Avenue to Larpenteur
Avenue and Roselawn Avenue (County Road 114) from Cleveland Avenue to Hamline Avenue
and shall accept transfer of jurisdiction over the roadways to the City of Falcon Heights,
effective after the County is in receipt of an adopted resolution from the City of Falcon Heights
• concurring with the County revoking the "County Road" status of Hamline Avenue (County
111738
• Road 132) from Hoyt Avenue to Larpenteur Avenue and Roselawn Avenue (County Road 114)
from Cleveland Avenue to Hamline Avenue; and Be It Further
RESOLVED, that upon turnback and acceptance to the City of Falcon Heights from Ramsey
County the segment of Hamline Avenue (County Road 132) from Hoyt Avenue to Larpenteur
Avenue and Roselawn Avenue (County Road 114) from Cleveland Avenue to Hamline Avenue
be and are hereby established, located and designated as a Municipal State Aid Streets of said
City, subject to the approval of the Commissioner of Transportation of the State of Minnesota;
and Be It Further
RESOLVED, The Falcon Heights City Engineer is authorized within the limits of this resolution
to take actions necessary to have the identified jurisdiction changes executed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their behalf respectively as of the day and year first above written.
FORM APPROVED:
BY:
• City Attorney
(SEAL)
BY:
County Attorney
(SEAL)
•
CITY OF FALCON HEIGHTS
By:
Susan L. Gehrz
Mayor
By:
Heather Worthington,
City Administrator/Clerk
COUNTY OF RAMSEY
BY:
Chair
BY:
County Administrator
111738
RESOLUTION 2004-11A
•
JOINT RESOLUTION
RAMSEY COUNTY AND THE CITY OF FALCON HEIGHTS
PROVIDING FOR THE IMPROVEMENT AND RECLASSIFICATION OF CERTAIN
COUNTY STATE AID HIGHWAYS LOCATED WITHIN THE CITY OF FALCON
HEIGHTS
This Agreement is made pursuant to the authority of Minnesota Statutes § 471.59, by and
between the City of Falcon Heights and the County of Ramsey, municipal corporations under the
laws of Minnesota (hereinafter referred to as "City" and "County" respectively.
WITNESSETH:
WHEREAS, The 1991 Minnesota Legislature established a Ramsey County Local
• Government Services Study Commission to "report on the advantages and disadvantages of
sharing, cooperating, restructuring, or consolidating..." activities in areas of public service
including public works; and;
WHEREAS, The consolidation plan provides for reclassification of roadways and
corresponding changes in jurisdiction including the transfer of local and State Aid roadways
between the County and municipalities; and
WHEREAS, Hoyt Avenue (County State Aid Highway 56) from Snelling Avenue to
Hamline Avenue, and Roselawn Avenue (County State Aid Highway 26) from Fulham Street to
Cleveland Avenue, located in the City of Falcon Heights, are presently under the jurisdiction of
Ramsey County as County State Aid Highways; and
WHEREAS, These roadways have been determined to serve a local function only; and
WHEREAS, Revocation of "County State Aid Highway" status maybe accomplished by
resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes
§ 162.02; and
WHEREAS„ It appears to the City Council of the City of Falcon Heights that the streets
hereinafter described upon turnback from Ramsey County should be designated Municipal State
Aid Streets under the provisions of Minnesota Law; and
•
111738
WHEREAS, The consolidation plan stipulates that Ramsey County shall improve the
• roadway to acceptable levels prior to transferring jurisdiction over roadway segments from
Ramsey County to municipalities, and the Ramsey County Capital Improvement Program
provides funding for these Ramsey County Roadway Consolidation improvements; and,
WHEREAS, The City of Falcon Heights desires Ramsey County to sealcoat Hoyt Avenue
(County State Aid Highway 56) from Snelling Avenue to Hamline Avenue for an estimated cost
of $4,000, and to repair deteriorated structures and mill and overlay Roselawn Avenue (County
State Aid Highway 26) from Fulham Street to Cleveland Avenue for an estimated cost of
$184,774 and fund the sealcoat, structure repairs and mill and overlay projects.
NOW, THEREFORE, the parties hereto do hereby jointly agree to the following:
SECTION I.
COUNTY OBLIGATIONS
RESOLVED, That Ramsey County shall sealcoat Hoyt Avenue (County State Aid Highway 56)
from Snelling Avenue to Hamline Avenue for an estimated cost of $4,000, and repair
deteriorated structures and mill and overlay Roselawn Avenue (County State Aid Highway 26)
from Fulham Street to Cleveland Avenue for an estimated cost of $184,774 consistent with plans
reviewed and accepted by the Falcon Heights City Engineer, and shall fund the sealcoat,
structure repairs and mill and overlay projects with an estimated $188,774 from Capital
• Improvement Funds for Ramsey County Roadway Consolidation;
SECTION II.
CITY OBLIGATIONS
RESOLVED, That upon completion of the County Obligation specified in Section I as certified
by the Falcon Heights City Engineer, the City of Falcon Heights shall accept the turnback to the
City of Falcon Heights from Ramsey County of the segment of Hoyt Avenue (County State Aid
Highway 56) from Snelling Avenue to Hamline Avenue, and Roselawn Avenue (County State
Aid Highway 26) from Fulham Street to Cleveland Avenue.
RESOLVED, that upon turnback and acceptance, that the above-described road segments shall
be and are hereby established, located and designated as Municipal State Aid Streets of said City,
subject to the approval of the Commissioner of Transportation of the State of Minnesota; and Be
It Further
RESOLVED, The Falcon Heights City Engineer is authorized within the limits of this resolution
to take actions necessary to have the identified jurisdiction changes executed.
•
111738
•
•
~N'~'I'NESS VV~]Eg,EOF, the parties hereto have caused this Agreement to be
executed in their behalf respectively as of the day and yeaz first above written.
FO PRO CITY OF FALCON HEIGHTS
BSI': _ - ,"~`~ ~`~
y ~ ~,
City Attorney BY'=~ =~'~~,~-~~~,,~ ~ ~,~
Susan L. Gehrz ~---=
Mayor
(SEAL)
BY:
County Attorney
(SEAL)
~ ,~
~~ Heather Worthington =' v
~-
City Administrator/Clerk
COUNTY OF RAMSEY
BY:
Chair
BY:
County Administrator
111738
•
2004 Turnback Program
City of Faicon Heights
Apri 128, 2004
Proposed Turnbacks
o Roselawn from Hamline to Fulham
o Hamline from Larpenteur to Hoyt
o Hoyt from Snelling to Hamline
Roselawn Avenue
o ~/2 mile section of two-lane
bituminous roadway, rural section
between Snelling and Hamline
o Needs full reconstruction, curb and
gutter, and drainage upgrades
o Project timeline: 2006
o Cost estimate: $500,000
o Project to be jointly undertaken
with Roseville
Complaints received
o Side yards along Roselawn are
routinely flooded during heavy
storms due to lack of curb and
gutter
o Several residents have told city
staff that their garages are being
flooded.
Existing Catch Basin
Pavement Condition
•
Hamllne Avenue
o Reconstructed i n early 1980's
o Pavement is in very bad condition
o Base material is extremely thin, less
than 6 i nches i n some areas
o Potholes are impeding pedestrian
access in some areas
o Drainage problems between Idaho
and Iowa Avenues
o Project timeline: 2005
Complaints received
o Residents have called with concerns about
the condition of pavement
o People have told staff that it is not easy
to walk on the pavement when crossing
the street on foot due to potholes and
pavement condition
o The drainage problem at Iowa and
Hamline has been so bad at times that
public works staff have observed the
homes on Iowa and Idaho being splashed
with water after the street floods
~ ^ Drainage
~~
Drainage
~ ~ Hoyt Avenue
o Turnback with Saint Paul
o Needs sealcoating-Ramsey County
will complete work prior to turnback
o Some minor repair of catch basins
and curb, roughly $6,000
o Will not need further work for
approximately 10 years
o All work is eligible for use of MSA
funds
Process
o Falcon Heights staff met with Saint
Paul, Roseville and Ramsey County
multiple times over the past year to
discuss the turnbacks of these
roads, and the scope of work
needed on them
n
U
o Final meeting with County staff and
Roseville took place in mid-March.