HomeMy WebLinkAboutCCAgenda_03Oct8
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City- Hall
2077 West Larpenteur Avenue
AMENDED AGENDA
October 8, 2003
A.
B.
C.
• D.
E.
F.
G.
CALL TO ORDER: 7:00 PM
ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
COMMUNITY FORUM:
PRESENTATION: Martin Costello -DWI Law
APPROVAL OF MINUTES: September 24, 2003
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
1. General Disbursements through October 3, 2003
in the Amount of $ 167,517.93
Payroll (9/16/03-9/30/03) in the Amount of: $ 11,360.94
2. Appointment of Election 3udges for the November 4, 2003
Municipal Election
3. Personnel Compensation Policy
4. Administrator Expenditure Limit
5. 2003 Sidewalk Improvement Bids
6. Stipulation Settlement for Keller Corporation for Transfer
of Property on Northeast Corner of Snelling and Larpenteur
Avenues
TAB 1
TAB 2
TAB 3
TAB 4
TAB 5
TAB 6
TAB 7
108339
FALCON HEIGIiTS CITY COUNCIL AGENDA _2_
October 8, 2003
H. POLICY AGENDA:
1. Resolution of Support for Sherman and Associates to .Seek Funding
from the State of Minnesota Tax Base Revitalization Account TAB 8
2. Resolution Authorizing Staff to Request Financial Participation
in the Curtiss Field Improvements from the Minnesota Department
of Transportation TAB 9
3. Release of Development Agreement on One Lot of the Bullseye
Redevelopment TAB 10
4. Amendment to Assessment Agreement
TAB 11
5. Approval of Stipulation Settlement with Pizza Hut-ADDED TO AGENDA
ON OCTOBER 8, 2003
6. Approval of Expenditure to Repair Related to Fire Truck 757, Aerial Apparatus-
. ADDED TO AGENDA ON OCTOBER 8, 2003
I. REPORTS FROM COUNCIL MEMBERS:
J. INFORMATION AND ANNOUNCEMENTS:
K. ADJOURNMENT
108339
•
Minnesota's DWI Laws
•
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Hughes & Costello
Falcon Heights Prosecuting Attorneys
City Council Meeting
October 8, 2003
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Minnesota's DWI Lnws
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Hughes d Cosf'ello r." ~,;:
Falcon Heights Prosecuting Attq"rneys
Crty CouncAl Meetr g ~ .. °" ~ ~"`
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October~~ x-20
DWI Consequences
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Re~~cation ~'
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a;%` V~hicle'Forf
What is a DWI?
A DWI is defined as:
Operatinngq, drivin ,,or bng~itt' ca
control of rtiehiclgwhile ~
i. under th influence of ,l ohol,
z. under th influence of ~"' ontrolled
substaneb or ;` i `:
a. with an;'glcuhol concen ion of O.lp
or mor~E.!
A first tirge pWT:is usual)
misdemeahor
^ A.DWI gan be "enhanced" from a
1
i•
•
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U
What are "Aggravating Factors?"
^ Aggravating Factors: , ."F~
1 ;~ ••
1. A prior DWI conviction
or DWI license ~,~
revocation in 10 years; :~ j
x. The presence of a child ,~ ~ '~
under 16 years of age
and more than 3 yeocs p~'
Younger than the drj4er
in the vehicle; or ;
a. An alcohol concentration t '''
of 0.20 or more. ' ~-
1. Levels of DWI Prosecution
^ Criminal Vehicular Injury/Homicide
^ Causing death or bodies harm to '; ~;" '~
onother person while driving under - r
the influence
i
^ First-Degree DWI _ ~ ~ '
. 3 prior DWI convictions or hcengp.`, ~' ~~=~' +s= ! ;
revocations present ~ ? 2 t
f >. ' ~
Second-Degree DWI ~~ : ~ ,
. 2 aggravating factors present ~^.t ,~'~>~?
^ Third-Degree DWI
. 1 aggravating factor present P
^ Fourth-Degree DWI
. No aggravating foetors ~' _ °-~`=~
Test Refusals
. Refusing chemic
crimes:
. Test~efusal wit,no
nggrdJating facto,~s is
third'-degree, grs~s
misdemetnnor ofd Ise.
. T~esf~ refV¢al w~K ' e
yiggr~vntirig fnct s is
~seca~ `nod-.degree, oss~
2
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•
2. Driver's License Revocation
^ First DWI: 90 day revocation
»:~1~'
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^ 2a DWIs in 10 years: IBO day
~ "'
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~` ~
revocation 4t „~, ,..
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^ 3 DWIs in 5 years OR 4 DWIs ~~ ~ ~
on driving record: License is
~ i4 ~
m
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cancelled as inimical to blic ~
pu
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4.~
_
safety for a minimum of 1 yeaq ~,~,.,,~„ ~
^ Test results of 0.20 or more:
Doubles the applicable revocatioh
period.
Test Refusal: 1 year rcvo` ti ~...
„
~ - . -
3. License Plate Impoundment
^ License plates are impo
^ A person' lever's tiecnse is revoked
-- - fora 'ia"'
!~st!: hl E f; . A ^ A per n drives is arrt~ted or charge
~J r 'j j ~+ with q~eratinq a motor;,tthick whik,r
j ~ /t J Jl! ~! their,'tlkiver's license °' anulkd as;
Jj [[„)) j ++) `} inim7cul'to public saf
12006 1fi~F'ES ,~ ';
i
^ A oei•sdn ccn annly f oecial r
uut noi^mm license plates
be reissued ta-the ~hicle~'v:
4. Vehicle Forfeiture
^ A vehicle used in the co iS~~o~
a DWI can be a~pers
^ Zs wnvi o , or fails f : pear in
~~ Court on:
~ . A 1"-AC 2^d-degree 0
• Any [StAFZ committed ' n their
driv~r!s ftcense is can dos inir
to publicsafety, or
O ^ Ar~ DWI i9ommitted their
d~ved's license has a of
alcohol or digs rc
^ The yehic~e can ogly be rfei
the i•e is eyed ow er k or
ha ten d use.
3
i•
•
•
DWI Mandatory Sentences
^ First DWI: >,
. No mandato sentence. ~ F': r '~
ry ~ W [ s
^ Second DWI: i ~ ~
. 30 days in joil; at least 2 days must
Served. 1 r.
J
Third DWI:
. 90 days in jail; of least 30 days ~fu$t be
served, OR 1 •;~
Participation in an intensive alcohol; - __
supervision programs with 6 days ih jail. ' k`:'
A; . (. s
Fourth or more OWI: I'~
'~ . Felony level offense, sentegcng ,,~. ._ e
dependent on crimirwl histpry score.
Maximum penalty of 7 ye ~ ~'~K ~'WY3„,~;ir
Number of DWIs Prosecuted in
Falcon Heights
^ Since January 1, 2003:
^ We hove filed gross m demeanor c plaints ~
for 12 DWI cases; ,x•,
,
,
l t f
^ Approximately 30 D1iVI cases have ` n
scheduled for an arraignment;
1
^ 23 DWI cases have been sc~ieduf either a
pretrial conference or omnibrJS hea ; and
! ~~..
^ b DWI cases h~ w ~ e~~ed ,: fury friafi-
'~ Did You Know? ~'
^ In about 1/3 of the DWI cases fil
year, the police were nler un
driver by n citizen cnlle ;~;
i+'
`
^ St. Anthony Police Dep6r~ment act
J
•.
ly
enforces the DWI la~.s„ `;
^ Officers Coke an active role. stoppi spected
drunk drivers. i ? `;
^ Officers file thorough reports, nece~ ~
successful prosecution of DWIs. for
^ The Department refers appropriate c s f ` ;
felony charges. r
4
Our GoQls
In order to effectively enforce
Inws, and protect the c i#:y
drivers, our office:
t. Maintains a high con': ction rate,
convictions for the DWI charge
of cases;
z. Reviews each report; looking for
factors, and refers felony-eligib
to the Ramsey C,oun fy Attorne~=
3. Carefully monitorssentencng, ei
judges sentence' a dance w
mandatory g ~"~ ' ;,k
r 1
~J
CITY OF FALCON HEIGHTS
COUNCIL MINUTES
September 24, 2003
Mayor Gehrz convened the regular City Council meeting at 7:00 p.m.
PRESENT: Mayor Gehrz, Council members Kuettel, Lamb, Lindstrom and Talbot
Also Present: City Administrator Worthington, retired Deputy Clerk Phillips
COMMUNITY FORUM: There were no comments from the audience.
APPROVAL OF MINUTES: The Council minutes dated September 10, 2003 were unanimously
approved as presented.
CONSENT AGENDA
Council member Kuettel moved to approve the following consent agenda. The
motion was unanimously approved.
1. General disbursements through 9/21/03, $82,783.32
Payroll from 9/1/03 to 9/15/03 in the amount of $10,733.46
2. Licenses
• 3. Approval of partial pay estimate #3, Jay Brothers, Inc. in the amount of
$95,574.96
4. Appointment of firefighter
5. Purchase of a new bobcat
Mayor Gehrz commented that over $50,000 of the amount in above item #3 is paid by
the City of St. Paul for work done on Folwell Ave. and the remaining portion will be covered by
MSA funds for costs associated with Sheldon Avenue.
POLICY AGENDA
Acceptance of settlement for the purchase of land adjacent to Curtiss Field Park and the
SE Corner Redevelopment
Administrator Worthington explained that the city negotiated the purchase of a tract of land
that will be part of the improvements to Curtiss Field and the SE Corner Redevelopment.
This land is currently a roadway (Snelling Service Drive), which was transferred under an
easement to the city in the mid 1980's. The underlying fee title was retained by the estate of the
original owner, Roland K. Wilson. Worthington said this was a routine part of condemnation
and negotiations were made with the attorney for the trust of the original owner for a purchase
price of $3,000 for the underlying land. Worthington said the land will be used to improve
drainage at Curtiss Field Park and also serves as part of the lot assembly needed for the SE
• Corner Redevelopment. Council member Lindstrom made a motion to approve the acceptance
of this settlement for purchase. The motion passed unanimously.
• Page 2
Council Minutes
September 24, 2003
Approval of Joint Powers Act with Saint Paul/Ramse~nty Division of Contract Services
& Analysis to Provide Joint Purchasing Services.
Administrator Worthington said that the city and other suburban communities has an opportunity
to utilize joint purchasing for equipment, services and supplies with the City of St. Paul/Ramsey
County. The Joint Powers Act has been approved by the City of St. Paul and Worthington said
Falcon Heights would be able to participate in the joint purchasing pool enabling the city to take
advantage of better prices for equipment, services and supplies. There is a $350 annual fee.
Worthington said if the city wants to take advantage of other services such as Request for
Proposal or Advertised Bid, it will cost $900 or $400 depending on the size of the bid. Mayor
Gehrz asked if the city would have to pay the extra %z% sales tax that St. Paul has in place and
Administrator Worthington said to her knowledge, the city would not but she would verify that.
Council member Talbot then made a motion to approve the Joint Powers Act with St.
Paul/Ramsey County Division of Contract Services & Analysis to provide joint purchasing
services. The motion passed unanimously.
Additional Engineering Services Related to Curtiss Field Project
Administrator Worthington said the city staff and staff from H. R. Green met recently and
identified some issues that would require additional engineering expenses for the Curtiss Field
project. The services are beyond the scope of the original proposal authorized by the city
council. These engineering services are estimated at anot-to-exceed amount of $17,000
of which $6,800 is for major engineering around the storm sewer to include new concrete pipe.
Some of the other services include (1) deck construction details, (2) lighting options for gazebo,
(3) design for ADA compliance pedestrian ramp.
Council member Lamb asked what the cost of the original proposal was and said the city needs
to be careful about the percentage of increase it approves in add-on services. Lamb said some
firms will bid low and make up margins later by adding things on. Administrator Worthington
retrieved the figure of the original proposal, which was $19,500 from H. R. Green and $54,000
from SEH. Worthington said the SEH proposal did not include storm water design and
evaluation nor sidewalk and parking lot construction and design. With H.R.Green's add-on
of $17,000, the total comes to $36,500, which is still the lesser amount of the two proposals.
Council member Lamb was satisfied with this answer and said the engineering firm of H. R.
Green is very reputable but wanted council to be made aware of this tactic for future reference.
With respect to the retaining wall, Council member Talbot asked if the neighbors were receptive
to the wall to which Worthington responded they have been very cooperative and liked
the idea. Council member Kuettel made a motion to approve the additional engineering
• services related to the Curtiss Field Pond. The motion passed unanimously.
• Page 3
Council Minutes
September 24, 2003
INFORMATION AND ANNOUNCEMENTS:
Council member Lindstrom said the Planning Commission is undertaking a major task
in reviewing the Zoning Code next year, having started at the first meeting in September.
Lindstrom said this will be a year long process.
Council member Kuettel said in talking with Commissioner Janice Rettman, she understood that
the St. Paul Suburban Court's operating costs are included in the budget, which may be good
news.
Council member Lamb said the Solid Waste Commission will have their first meeting in
November and will work on their statement of mission and goals
Mayor Gehrz said there will be a second series of CERT classes beginning October 20tH
from 6:30 to 9 p.m. The cost is $15 for all seven classes. Some of the training includes medical
triage, lifesaving techniques, disaster preparation, putting out a small fire. All residents 13 years
of age and older are encouraged to attend. Call city hall at 651-644-5050 to register.
• Gehrz said Ramsey County is organizing a committee to oversee the process of getting everyone
on the 800 MHz communication system.
Gehrz said she spoke to eight members of the Danish Parliament recently and they were most
interested in what a city our size had done in utilizing volunteers and the planning and
implementation process in emergency preparedness.
Administrator Worthington reminded everyone of the kick off meeting on the construction of the
SE Corner on Tuesday, September 30, at 7 p.m. Notes from the meeting will be on the city's
website. Representatives from Sherman and Associates and Kraus Anderson will be at the
meeting.
Worthington also reminded everyone of the citywide garage sale on Saturday, September 27tH
from 9 a.m. to 3 p.m.
Council member Talbot asked a question regarding whether the SE Corner will have to adhere
to R-1 zoning code rules. His main concern was whether trash pickup time would be the same as
residential to which Administrator Worthington responded that yes, it would.
Respectfully submitted,
• Pat Phillips
Retired Deputy Clerk
3
•
•
C
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O. Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
CONSENT G1
10/8/03
1. General Disbursements through
October 3, 2003 in the Amount of: $ 167,517.93
2. Payroll (9/16/03 - 9/30/03) in the Amount of: $ 11,360.94
ATTACHMENTS:
• General Disbursements
• Payroll
• ACTION REQUESTED:
• Approval
L~
108339
.,
DATE 09/30/03 TIME 01:51 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 10/3/03
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
INSTY-PRINTS PLUS BUSINESS CARDS TALBOT LEGISLAT 139.02
42702 GARDEN VIEW CAFE WORKSHOP LUNCHES LEGISLAT 63.57
MN MAYORS ASSOCIATION DUES LEGISLAT 20.00
*** TOTAL FOR DEPT 11 222.59
AMERICAN OFFICE PRODUCTS LETTERHEAD ENVELOPES ADMINIST 190.13
METROPOLITAN AREA MANAGE- MAMA JULY MEETING EXPS ADMINIST 18.00
MINNEAPOLIS PAPER COMPANY COPY PAPER ADMINIST 185.25
42700 PERA SEPT 16-30 PERA ADMINIST 1,401.72
WORTHINGTON,HEATHER OCT AUTO ALLOWANCE ADMINIST 35.00
*** TOTAL FOR DEPT 12 1,830.10
ESCHELON TELECOM, INC. TELEPHONE REPAIR COMMUNIC 135.29
MCI WORLDCOM RES SVC TELEPHONE LONG DISTANCE COMMUNIC 20.45
SUN NEWSPAPERS AD FOR CITY GARAGE SALE COMMUNIC 38.00
LILLIE SUBURBAN NEWSPAPER AD CITY GARAGE SALE COMMUNIC 25.00
*** TOTAL FOR DEPT 16 218.74
NCPERS GROUP LIFE INS OCT/03 JONES
*** TOTAL FOR DEPT 17
CITY OF NEW BRIGHTON HAZMAT PROGRAM 2003
FIRE EQUIPMENT SPECIALTIE ONE FIRE HELMET
• XCEL ENERGY ELECTRIC
*** TOTAL FOR DEPT 21
HUGHES & COSTELLO OCT PROSECUTIONS
*** TOTAL FOR DEPT 23
PLANNING 16.00
16.00
EMERGENC 289.63
EMERGENC 127.69
EMERGENC 6.28
423.60
PROSECUT 2,552.25
2,552.25
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 51.71
EMERGENCY APPARATUS MAINT 757 CENTER POST REPAIR FIRE FIG 8,995.27
FALCON HEIGHTS FIRERELIEF 2003 ST FIRE AID FIRE FIG 41, 832.00
- ST FIRE AID TO BE PAID TO FALCON
FIRE EQUIPMENT SPECIALTIE BATTERYS FIRE FIG
` 1
~ 6 98 HEIGHTS FIRE RELIEF ASSOCIATION
HINRICHS,RICH 3RD QTR FIRE HALL CLEANG FIRE FIG 325.00
ROSEVILLE FIRE DEPT ACCOU 14 NAME TAG FIRE FIG 21.00
SUPERAMERICA FUEL FIRE FIG 31.61
*** TOTAL FOR DEPT 24 51,422 .57
BROWNING-FERRIS IND. OCT/03 WASTE CITY HAL 254.81
CINTAS CORPORATION #470 RUG SVC CITY HAL 32.48
*** TOTAL FOR DEPT 31 287 ,29
42698 HOME DEPOT CRC/GECF FLOWERS STREETS 321.86
42698 HOME DEPOT CRC/GECF BLACKTOP PATCH STREETS 50.33
MOGREN BROS 3 2 FOOT BOULDERS STREETS 38.34
SUPERAMERICA FUEL STREETS 133.83
*** TOTAL FOR DEPT 32 544 .36
HOWARD GREEN COMPANYC. 2003 SEAL COATING ENGINEER 255.71
*** TOTAL FOR DEPT 33 255 .71
HERMES FLORAL COMPANY PARK SUPPLIES/HYDRANGEA PARK & R 34.25
.
NCPERS GROUP LIFE INS OCT/03 MAERTZ PARK & R 16.00
S
DATE 09/30/03 TIME 01:51 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 10/3/03
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
XCEL ENERGY ELECTRIC PARK & R 22.26
ON SITE SANITATION PORTABLE TOILET COMM PK PARK & R 70.65
SUPERAMERICA FUEL PARK & R 146.57
UNITED RENTALS 12 WHITE SANDBAGS PARK & R 7.67
QWEST TELEPHONE PARK & R 111.25
*** TOTAL FOR DEPT 41 408.65
42697 NORTHERN ESCROW INC FOLWELL WATER MAIN WATER FU 50, 578.20
- APPROVED COUNCIL MEETING 9/24/03
***
TOTAL FOR DEPT 53 ~-
so,s78.zo ~~
FOR JAY BROTHERS, PAID TO ESCROW
COMPANY
42699 AALLWAYS ASSOCIATES NEIGHBORHOOD COMM DECALS CCC/CERT 372.75
*** TOTAL FOR DEPT 54 372.75
42703 ABM EQUIPMENT & SUPPLY CO 16 RECYLCING BINS/PARTS SOLID WA 1,181.98
BROWNING-FERRIS IND. OCT/03 RAMSEY CTY CEC SOLID WA 142.69
BROWNING-FERRIS IND. SOLID WASTE MGMT TAX SOLID WA 43.32
*** TOTAL FOR DEPT 56 1,367.99
BRAUN PUMP & CONTROLS 9/16 LIFT ST REPAIRS SANITARY 1,296.75
BRAUN PUMP & CONTROLS INSTAL CONTROLR LIFT STA SANITARY 1,192.49
SUPERAMERICA FUEL SANITARY 39.26
*** TOTAL FOR DEPT 75 2.528.50
• HOWARD GREEN COMPANYC. ENG CURTIS FIELD STORM DR 2,909.40
VISU-SEWER CLEAN/SEAL INC STORN SEWER TV INSPECTON STORM DR 620.00
*** TOTAL FOR DEPT 76 3,529.40
QUICKSILVER EXPRESS COURI DELIVERYS/SE CORNER COMM. DE 49.20
42701 ROLAND K. WILSON RESIDUAR SE CORNER DRIVE EASEMENT COMM. DE 3,000.00
*** TOTAL FOR DEPT 79 3,049.20
HOWARD GREEN COMPANYC. ENGINEERING SHELDON HOYT AVE 2,913.27
42697 NORTHERN ESCROW INC SHELDON ST IMPROVEMENTS HOYT AVE 44,996.76 APPROVED COUNCIL MEETING 9/24/03
*** TOTAL FOR DEPT 85 47, 910 .03 FOR JAY BROTHERS, PAID TO ESCROW
COMPANY
*** TOTAL FOR BANK O1 167,517 .93
*** GRAND TOTAL *** 167,517 .93
•
PERIOD END DATE 09/30/03 **FILE NOT UPDATED** PAGE 1
SYSTEM DATE 09/29/03
C H E C K R E G I S T E R
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 9 29 03 6 SUSAN GEHRZ 33085 303 .34
COM 9 29 03 12 LAURA A. KUETTEL 33086 277 .05
COM 9 29 03 13 PETER C. LINDSTROM 33087 277 .05
COM 9 29 03 14 RICHARD P TALBOT JR 33088 177 .05
COM 9 29 03 15 ROBERT E LAMB 33089 277 .05
COM 9 29 03 34 CLEMENT KURHAJETZ 33090 287 .20
COM 9 29 03 42 MICHAEL D CLARKIN 33091 108 .52
COM 9 29 03 66 ALFRED HERNANDEZ 33092 55 .41
COM 9 29 03 74 MARK J ALLEN 33093 138 .52
COM 9 29 03 85 DANIEL S JOHNSON-POWERS 33094 54 .64
COM 9 29 03 91 RICHARD H HINRICHS 33095 38 .64
COM 9 29 03 1003 HEATHER WORTHINGTON 33098 1350 .21
COM 9 29 03 1007 PATRICIA PHILLIPS 33099 898 .23
COM 9 29 03 1013 WILLIAM MAERTZ 33100 1557 .59
COM 9 29 03 1030 MARY A. KODLUBOY 33101 1294. 76
COM 9 29 03 1033 DAVE TRETSVEN 33102 1119. 82
COM 9 29 03 1038 DEBORAH K JONES 33103 898. 89
COM 9 29 03 1041 DANIEL S JOHNSON-POWERS 33104 12. 93
COM 9 29 03 1136 ROLAND 0 OLSON 33105 1300. 00
COM 9 29 03 1143 COLIN B CALLAHAN 33106 507. 37
COM 9 29 03 1173 ELIZABETH M POSTIGO 33107 426. 67
COMPUTER CHECKS 11360. 94
MANUAL CHECKS . 00
• NOTICES OF DEPOSIT . 00
****TOTALS**** 11360.94
\~
• CONSENT G2
10/8/03
ITEM: Appointment of Election Judges for the November 4, 2003
Municipal Election
SUBMITTED BY: Mary Shea Kodluboy, Deputy Clerk
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Each year that elections are held, City Councils, by the authority granted to them
under Minnesota State Statute 204B.21, Subd. 2, appoint the election judges for their respective
municipalities.
This year there is one election, the municipal election, on Tuesday, November 4, 2003. There
are two precincts in Falcon Heights, Precinct 1 -City Hall, and Precinct 2 -Falcon Heights
Elementary School. A majority of the judges work one shift, either from 6 AM-2 PM, or from
2 PM to Close, with some of the judges, particularly the head judges, work a double shift,
from 6 AM to Close.
• ATTACHMENT:
• Proposed resolution appointing election judges for the upcoming municipal election.
ACTION REQUESTED:
• Adoption of proposed resolution
108339
•
RESOLUTION 2003-18
APPOINTMENT OF ELECTION JUDGES
FOR THE NOVEMBER 4, 2003 MUNICIPAL ELECTION
•
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Falcon Heights hereby
appoints the residents, outlined below, to serve as election judges for the municipal election
that will be held on Tuesday, November 4, 2003.
Kathleen Baldwin 1716 Albert
Margaret Barrett 1437 West Hoyt
Sarah Brand 1834 Arona
Sharon Castle 1891 Pascal
Kathy Ciernia 1868 Holton
Jane Dehlin 1754 Maple Court
William Downing 1834 Simpson
Marty Everest 1771 Holton
Steve Graham 1981 Summer
Valetta Gyurci 1607 Hollywood Court
Andrea Howell 1472 Iowa
Mary McGuire 1529 Iowa
Delaine Meyer 1666 Coffman - #111
Manley Olson 1974 Summer
Mary Peterson 1892 Sheldon
Donna Reynolds 1666 Coffman - #131
Florence Richards 1526 Iowa
Carolyn Ritchie 1767 Fry
Tai Shigaki 1666 Coffman - #214
Beverly Stahly 1795 Albert
Maryhelen Tapio 1710 Albert
Lily Zahariades 1852 Howell
Adopted by the City Council of Falcon Heights on October 8, 2003.
APPROVED:
Susan L. Gehrz, Mayor
n
U
ATTESTED:
Heather M. Worthington, City Administrator
108339
9
• CONSENT G3
10/8/03
ITEM: Personnel Compensation Policy
SUBMITTED BY: Robert Lamb, Councilmember
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The Council directed staff to do a comprehensive salary comparison with cities in
the Stanton Salary Survey Group 7 in order to determine how Falcon Heights compared with
other similarly sized cities in the metro in terms of compensation.
As a result, the Council is recommending that the following policy be incorporated into the
Administrative Manual, and utilized as a guiding document for future compensation decisions
for staff.
ATTACHMENT:
• • Personnel Compensation Policy
ACTION REQUESTED:
• Approval
•
108339
C:
Compensation Policy
City of Falcon Heights
Adopted: October 8, 2003
The City of Falcon Heights will establish and maintain a compensation program
which has as an objective attracting and retaining people with the skills,
potential and motivation to meet the city's service and financial objectives.
The compensation program will be holistic, addressing wages, salaries,
pensions and benefits.
The compensation program will be administered within the structure and goals
of the city's budget.
• The city will maintain training and tuition reimbursement programs as an
integral part of its compensation and employee development goals.
Potential compensation for each authorized position in the city will be
determined using a modified market model and approved by the city council.
Periodically, the city will obtain compensation data from comparable entities. To the
extent those entities are not comparable, the data will be adjusted via a scope
and scale analysis to determine each position's target potential compensation.
Individual compensation recommendations will be made by the employee's
immediate supervisor, backed by an annual performance appraisal and approved by the
city council.
An employee performing at a completely satisfactory level may be compensated
at up to 100% of the position rate.
An employee performing at an exceptional level may be compensated at up
to 110% of the position rate.
CJ
108339
ITEM:
SUBMITTED BY:
REVIEWED BY:
EXPLANATION:
•
n
U
Administrator Expenditure Limit
Susan Gehrz, Mayor
Roger Knutson, City Attorney
CONSENT G4
10/8/03
Summary: The City Administrator is granted authority, via council action, to spend city money
to provide services or purchase items as directed by the yearly budget as part of her regular
duties. This amount has been capped at $1,000 for at least the past 10 years. The Council is now
being asked to approve a higher expenditure limit. This is primarily due to an increase in costs
over that period, and to provide the administrator with more discretion in times of an emergency
or unforeseen, but still budgeted, expenditure, ie: repair of equipment. Expenditures may be
made only if budgeted, and the Council will continue to review those expenditures at each
Council meeting. It is recommended that we raise the expenditure limit for the City
Administrator to $5,000.
This is a Council policy and may be amended as needed in the future.
ACTION REQUESTED:
• Approval of increase in expenditure limit for City Administrator to $5,000.
108339
L J
•
•
CONSENT GS
10/8/03
ITEM: 2003 Sidewalk Improvement Bids
SUBMITTED BY: Greg Robinson, H.R. Green, City Engineers
REVIEWED BY: Bill Maertz, Parks and Public Works Director
EXPLANATION:
Summary: Two bids were received for the 2003 Sidewalk Improvement project:
Midwest Concrete Driveway: $9,082.30
Bailey Construction: $7,660.00
Staff recommends that the bid be awarded to Bailey Construction. Work is anticipated to be
completed this Fall.
ATTACHMENTS:
• Cover letter from Greg Robinson, City Engineer
• Bid tabulation
• Bids from the two contractors
ACTION REQUESTED:
• Award 2003 Sidewalk Improvement contract to Bailey Construction in the amount of
$7,600.00
•
108339
• Howard R. Green Company
October 2, 2003
File: 822110)
Mr. Bill Maertz
City of Falcon Heights
2077 Larpenteur Avenue West
Falcon Heights, MN 55113-5551
RE: 2003 SIDEWALK IMPROVEMENTS
Dear Mr. Maertz:
(Z+~~
~~. Ib N
The City received quotes to complete the 2003 Sidewalk Improvement project on October 2, 2003.
Requests were sent to eight contractors. Two quotes were returned: one from Midwest Concrete
Driveway for $ 9,082.30, and one from Bailey Construction for $ 7,660.00.
This project consists of the removal and replacement of approximately 1,100 square feet of sidewalk
and three pedestrian ramps. Additionally, 36 lineal feet of concrete curb and gutter will be replaced to
allow drainage of the sidewalk into the gutter. All of the sidewalk and curb and gutter to be replaced
as part of this project have been marked with white paint.
The completion date for this project is scheduled for October 30, 2003. Further scheduling issues will
be worked out at the pre-construction conference. No work will be permitted prior to a pre-
construction conference being held to coordinate the work. We will provide periodic inspection of the
work as it progresses.
The project requires City staff to complete restoration along the completed sidewalk as has been done
in previous years. We will coordinate this work with the contractor and City staff.
We recommend award of this contract to Bailey Construction in the amount of $7,660.00.
If you have any additional questions or concerns, please contact us.
Sincerely,
Howard R. Green Company
/'~~-~-
Greg Robinson
Project Engineer
Enclosure
• Cc: Bill Maertz, Public Works Director
0:1PROJ1822110~Ltr 10.2-03 Maertz.doc
1326 Energy Park Drive St. Paul, MN 55108 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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•
ENGINEERS ESTIMATE FOR: 2003 SIDEWALK IMPROVEMENTS (822110J)
CITY OF FALCON HEIGHTS
OCT2®2003
E
LtM .
......~C~.:::...Q ...................:...:.:... I.T.................-...........T..pTA '::::::::
SCHEDULE 1.0 SIDEWALK
1 REMOVE AND REPLACE 4"CONCRETE
2 REMOVE AND REPLACE CONCRETE CURB AND GUTTER 66-18
DROP BACK (FOR OUTWALKS)
3 REMOVE AND REPLACE CONCRETE CURB AND GUTTER 86-18
4 REMOVE AND REPLACE CONCRETE PEDESTRIAN RAMP
5 4" DRAIN TILE WITH SOCK
T TOTAL BID
RE~S^PE~CTFULLY SUBMITTED:
~' V ~ `~i~, V 1
SIGNATURE.^_
TITLE~~~,w `1 .
LICENSE NUMBER
(SEAL -IF BID IS BY A CORPORATION)
ATTEST
~`~C~~3Z.~o
ld ~~~~
`=~`°'
COMPANY
4- ~~~,~~s4 jr~G.~i..l~l N o
A~~~.COrJ N`rS ~ lo~+~ ~6 -p$
DATE Q
PHONE NUMBER
~~~'l- x,44--a_~13
/6
SF 1098 ~+,-~J~ ~ b t ~~i~0~ ~~~~7'~'°
LF 32 .3~+ZS ~IOUC~.~O
~' ~ d~
LF 6 ~
30, r~Q
EA 3 ~~,OO ~40,00
LF 6 1 ~. a s ~0, B O
SCHEDULE 1.0 SIDEWALK
1 REMOVE AND REPLACE 4"CONCRETE SF 1098 ~ ,~ Lf ~ O
2 REMOVE AND REPLACE CONCRETE CURB AND GUTTER 66-18 O
DROP BACK (FOR OUTWALKS) LF 32 4 ~ ~,~ d
3 REMOVE AND REPLACE CONCRETE CURB AND GUTTER B6-18 LF 6 f ~ f~
4 REMOVE AND REPLACE CONCRETE PEDESTRIAN RAMP EA 3 ~ SO o '~~
5 4" DRAIN TILE WITH SOCK °A
LF 6 15 (~
O
T TOTAL BID ~~ ~ / `/~ ~~
~i ~
RESPECTFULLY UBMI .
SIG R `
U t%t//1 L®/~~..
TITLE
LICENSE NUMBER
(SEAL-IF BID IS BYA CORPORATION)
ATTEST
COMPANY
ADDRES
j'"6 f a 3
DATE6~A3S~ ~ ~ a'7
PHONE NUMBER
FAX NUMBER
I'7
OCT ~ :2003
ENGINEERS ESTIMATE FOR: 2003 SIDEWALK IMPROVEMENTS (822110J)
CITY OF FALCON HEIGHTS
C
~J
• CONSENT G6
10/8/03
ITEM: Stipulation Settlement for Keller Corporation for Transfer of
Property on Northeast Corner of Snelling and Larpenteur Avenues
SUBMITTED BY: Tom Scott, Campbell Knutson
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Last month, the city negotiated the purchase of a tract of land that will be part of the
new Dino's development on the Northeast corner of Snelling and Larpenteur. This land is
currently a roadway (Snelling Service Drive), which was transferred under an easement to the
city in the mid-1980's. The underlying fee title was retained by the estate of the original owner,
Keller Corporation. The city negotiated a purchase price of $12,850 for the underlying land.
The Keller Corporation has accepted this offer, and the city is now prepared to move forward
with a stipulated settlement for the purchase of the land in mid-October.
ATTACHMENTS:
• • Stipulation of Settlement
• Final Certificate
ACTION REQUESTED:
• Discussion
• Approval of settlement for the purchase of land adjacent to the Dino's development in the
amount of $12,850
C
108339
• STATE OF MINNESOTA
COUNTY OF RAMSEY
DISTRICT COURT
SECOND JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Falcon Heights, a Minnesota
municipal corporation,
Petitioner,
vs.
JEMJAHS No. 3 Partnership, a
Minnesota partnership; Wells Fargo Bank
Minnesota, National Association,
successor by merger to Norwest
Bank Minnesota, National Association,
as Trustee for the registered holders of
NationsLink Funding Corporation,
Commercial Mortgage Pass-Through
• Certificates, Series 1999-2;
Sky Ventures, LLC, a Delaware
limited liability company; State of
Minnesota; The Keller Corporation,
a Minnesota corporation; John Roe
and Mary Doe and County of Ramsey,
Respondents.
Court File No. 62-C7-03-7719
STIPULATION OF SETTLEMENT
The Petitioner City of Falcon Heights above named, by and through its undersigned
counsel and Respondent The Keller Corporation, by and through its undersigned counsel,
pursuant to Minnesota Statutes § 117.185, hereby stipulate that they have negotiated a settlement
for the fee title acquisition of the real property defined in the Petition as the Snelling Avenue
Frontage Road Parcel (North of Larpenteur).
The parties hereto stipulate and agree that payment of $12,850.00 to The Keller
• Corporation represents full and final payment for the acquisition by Petitioner of the Snelling
108339
~9
Avenue Frontage Road Parcel (North of Larpenteur) and that full and final payment by the
Petitioner has been made to Respondent The Keller Corporation.
2. That the City may file its Final Certificate with respect to the Snelling Avenue
Frontage Road Parcel (North of Larpenteur), a copy of which is attached hereto as Exhibit A, and
upon filing said Final Certificate these proceedings shall be concluded.
CAMPBELL KNUTSON
Professional Association
Dated: By:
Thomas M. Scott, #98498
Attorneys for City of Plymouth
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
•
Dated:
FELHABER, CARSON, FENLON & VOGT
By:
Timothy J. Hassett, #
Attorneys for Respondent
The Keller Corporation
2100 Wells Fargo Place
30 East Seventh Street
St. Paul, Minnesota 55101-4901
Telephone: 651-222-6321
C
108339
O
C
EXHIBIT A
STATE OF MINNESOTA
COUNTY OF RAMSEY
DISTRICT COURT
SECOND JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Falcon Heights, a Minnesota
municipal corporation,
Petitioner,
Court File No. 62-C7-03-7719
FINAL CERTIFICATE
•
vs.
JEMJAHS No. 3 Partnership, a
Minnesota partnership; Wells Fargo Bank
Minnesota, National Association,
successor by merger to Norwest
Bank Minnesota, National Association,
as Trustee for the registered holders of
NationsLink Funding Corporation,
Commercial Mortgage Pass-Through
Certificates, Series 1999-2;
Sky Ventures, LLC, a Delaware
limited liability company; State of
Minnesota; The Keller Corporation,
a Minnesota corporation; John Roe
and Mary Doe and County of Ramsey,
Respondents.
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND
FOR PUBLIC PURPOSES
*********************
•
FINAL CERTIFICATE
THE KELLER CORPORATION
108339
~l
• By authority of Minnesota Statutes Section 117.201, I hereby certify that the rights herein
described have been taken by the City of Falcon Heights in eminent domain proceedings in
conformity with the requirements of Chapter 117 of said statutes; that the Petitioner and
Respondent, The Keller Corporation, have negotiated a settlement and have executed a
Stipulation of Settlement determining full compensation for damages sustained by the
Petitioner's taking; that all damages have been paid by the City of Falcon Heights; that said
proceedings are now complete and that the City of Falcon Heights now holds an interest as set
forth below over the lands situated in the County of Ramsey, State of Minnesota and legally
described on Exhibit A attached hereto and made a part hereof by reference.
Dated: , 2003. CAMPBELL KNUTSON
Professional Association
By:
• Thomas M. Scott, #98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER
AND/OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED
COPY OF THE SAME FOR FILING WITH THE RECORDS OF RAMSEY COUNTY,
MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE-DESCRIBED
REAL PROPERTY, IF ANY.
Dated:
2003.
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Suite 317
1380 Corporate Center Curve
• Eagan, Minnesota 55121
TMS:cjh
108339
BY THE COURT:
Judge of District Court
~~
• "EXHIBIT A"
DESCRIPTION OF FEE TITLE ACOUISITION•
Snelling Avenue Frontage Road Parcel (North of La erp nteur~
That part of the west 110 feet of Lots 1, 2 and 3 and the west 19.31 feet of Lot 23 and Lot
24 of Block 10, FALCON HEIGHTS ADDITION, according to the recorded plat thereof
and on file in the office of the County Recorder in and for Ramsey County, Minnesota;
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 thereof 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.
C
108339
3
POLICY Hl
10/8/03
ITEM: Resolution of Support for Sherman and Associates to Seek
Funding from the State of Minnesota Tax Base Revitalization
Account
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Sherman and Associates is applying to the Metropolitan Council for funds to
offset costs related to asbestos abatement and soil contamination on the SE Corner. This
funding is available from the Department of Trade and Economic Development, and the
project is eligible to make application because the city is a participant in the Livable
Communities Act Housing Incentives Program through the Metropolitan Council.
The attached resolution indicates that the city supports this project and the application for
funding through the Tax Base Revitalization Account.
ATTACHMENT:
^ Resolution 03-19
ACTION REQUESTED:
^ Discussion
^ Adoption of resolution 03-19
108339
•
CITY OF FALCON HEIGHTS -RESOLUTION 2003-19
AUTHORIZATION OF APPLICATION
FOR THE TAX BASE REVITALIZATION ACCOUNT
WHEREAS, the City of Falcon Heights is a participant in the Livable
Communities Act's Housing Incentives Program for 1996, as determined by the
Metropolitan Council, and is therefore eligible to make application for funds under the
Tax Base Revitalization Account; and
WHEREAS, the City has identified aclean-up project within the City that meets
the Tax Base Revitalization account's purpose/s and criteria; and
WHEREAS, the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations, as stated in the contract agreements; and
• WHEREAS, the City Council of Falcon Heights, Minnesota, agrees to act as legal
sponsor for the project contained in the Tax Base Revitalization grant application
submitted
on May 1, 2003.
BE IT FURTHER RESOLVED that Sherman and Associates is hereby authorized
to apply to the Metropolitan Council for this funding on behalf of the City of Falcon
Heights, and to execute such agreements as are necessary to implement the project on
behalf of the applicant.
2003.
Adopted, unanimously, by the City Council of Falcon Heights on October 8,
Susan L. Gehrz, Mayor
ATTESTED BY:
Heather M. Worthington, City Administrator
•
108339
~~
POLICY H2
10/8/03
• ITEM: A Resolution Authorizing Staff to Request Financial Participation in
the Curtiss Field Improvements from the Minnesota Department of
Transportation
SUBMITTED BY: Bill Maertz, Director of Parks and Public Works
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Portions of Snelling Ave. (State Highway 51) drain into the pond at Curtiss Field,
making the Curtiss Field project eligible for the Municipal Agreement Funding Program. The
MN DOT submittal package requires a Council resolution approving the request and committing
to make the improvements if awarded the funds.
ATTACHMENTS:
• Letter from MN DOT detailing application guidelines
• Resolution 03-20 authorizing staff to apply for funding and committing to make the
improvements, if awarded the funds
• ACTION REQUESTED:
• Approval of Resolution 03-20 authorizing staff to request financial participation from MN
DOT for the Curtiss Field improvements
•
108339
. ~Nk3p~
~~
•
Minnesota Department of Transportation
Metro District Office Tel: 651-582-1353
Office of State Aid Office Fax: 651-582-1368
1500 West County Road 62
Roseville, MN 55113-3174
September 9, 2003
METRO DIVISION COUNTIES, CITIES, TOWNSHIPS and CONSULTANTS:
Subject: Mn/DOT Fiscal Year (FY) 2005 (7/1/04 - 6/30/05)
Municipal Agreement and Access Management Programs
Solicitation for Projects
The Metro Division is currently accepting candidate`.projects for the Fiscal Year (FY) 2005 Municipal
Agreement Program. The budget for tti~ FY 2005 Municipal Agreement Program is anticipated to be
approximately 2.5 million dollars. This reduced level of funding :will result in more competition for the
available funds. As in the past, the maximum-contribution from Mn/DOT for any individual project
will remain at $500,000.
The Municipal Agreement program provides funding to construction projects that are initiated and
• administered by local agencies and provide a benefit to both the local community and the trunk
highway system. These funds are intended fo pay fora portion of the cnnsrr,~~t;nn costs of the project,
1Z/W and design costs are not eligible for funding. Metro Division's participation in these construction
projects is based on Mn/DOT's Cost Participation Policy. This policy can: be viewed at the following
web address
The selection of these projects isbased on the Metro Division's Transportation System Plan (TSP).
The basic categories for selection;.: in order of priority are:
1. Preservation (drainage revisions; restoration).
2. Management (access changes, safety, EVP, frontage' road revisions)
3. Improvement (new frontage roads, by-pass lanes, turn lanes)
4. Expansion (turn lanes, new intersections, new signals)
5. Site Development (this category has always been determined to be 100% locally funded)
When preparing your request letter please take these categories into consideration in describing the
benefits of the project. Additional information on these categories is contained in the attached
document.
A great deal of planning must occur to ensure that the proposed projects are developed into designs that
meet the needs and requirements of all involved parties. Preliminary discussions with the appropriate
Mn/DOT Area Manager are an essential part of this planning.
• Project proposals should be prepared and submitted by October 17, 2003 to be considered for the FY
2005 program. It is anticipated that the actual project selection will occur in late December of 2003 or
early January of 2004 with the funds becoming available July 1, 2004.
~~
An equal opportunity employer
• METRO DIVISION COUNTIES, CITIES, TOWNSHII'S and CONSULTANTS:
September 9, 2003
Page 2
•
•
The following items need to be included in the submittal package, please submit 10 copies of each item
submitted. This number of copies allows a quicker review by Mn/DOT functional areas.
1. Request letter from the local agency describing the project and requesting funding through the
Cooperative Agreement Program. Include the estimated Mn/DOT funding and trunk highway
benefit(s).
Attached to this letter should be any supporting documentation (studies, reports, SJRs etc).
2. A geometric layout of the proposed project. This should be as detailed and complete as possible so
that a clear picture of the proposed project and benefits are shown.
3. Cost estimate. This should include the total project cost, the contribution from any partners and the
amount requested from the Cooperative Agreement Program.
4. A signed Local Agency Resolution stating that the local agency is requesting funding from Mn/DOT
through the Cooperative Agreement Program and if funding is provided, the city will complete the
project. This document must include the appropriate signatures, seals etc.
5. A "one page summary" of the project listing reasons for the project, benefits and proposed costs.
This document will be handed out to the Selection Committee to serve as a quick reference during the
actual selection process.
Please submit all applications to Michael Kowski. Cooperative Agreement Engineer by October 17.
2003. For questions regarding the Municipal Agreement Program, please contact Mr. Kowski at 651-582-
1661 and for questions regarding the Access Management Program; please contact Tod Sherman at 651-
582-1548.
We look forward to working with you.
Sincerely,
o~~cr~ "
Mi owski, P.E.
Cooperative Agreement Engineer
Tod Sherman
Transportation Planner
~Cb
•
No. 2003-20
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: October 8, 2003
A RESOLUTION AUTHORIZING STAFF TO REQUEST FUNDING FROM MN DOT
THROUGH IT'S MUNCIPAL AGREEMENT PROGRAM FOR THE REHABILTATION
OF CURTISS POND
BE IT HEREBY RESOLVED, by the City Council of the City of Falcon Heights that restoration of
the pond at Curtiss Field is needed so that it functions properly as a piece of storm water
infrastructure.
BE IT FURTHER RESOLVED, that the Council intends to make improvements to the pond and
will provide the local share, if awarded a grant for such a project.
Moved by
Approved by:
Susan L. Gehrz, Mayor
October 8, 2003
GEHRZ
KUETTEL
LAMB
LINDSTROM
TALBOT
108339
In Favor Attested by:
Heather M. Worthington
Against City Administrator
October 8, 2003
~7
POLICY H3
10/8/03
ITEM: Release of Development Agreement on One Lot of the Bullse e
Y
Redevelopment
SUBMITTED BY: Matthew Foli, Campbell Knutson
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The construction of the new Dino's restaurant includes aland-swap between Dino's
and Wellington Management, the owner of the Falcon Crossing shopping center property. Since the
shopping center was subject to a Development Agreement when constructed, the parcel that is being
swapped needs to be released from the Development Agreement at this time.
ATTACHMENT:
• Release of Land from Development Agreement
ACTION REQUESTED:
• Discussion
• • Approval of Release
.7
108339
RELEASE OF LAND FROM DEVELOPMENT AGREEMENT
•
Date: October 8, 2003.
KNOW ALL BY THESE PRESENTS, that the real property in Ramsey County,
Minnesota, legally described as follows:
Lot 3, Keller's Re-Arrangement of Block 10 of Falcon Heights
Addition; and that part of the West half of adjoining alley, vacated,
lying between the extensions across said alley of the North and
South lines of said Lot 3.
is hereby released from the terms and conditions of that certain Development Agreement dated
September 19, 1984 by and between the City of Falcon Heights, Minnesota, a Minnesota
municipal corporation and Bullseye Golf Centers, Inc., a Minnesota corporation, filed with the
Ramsey County Registrar of Titles Office on November 15, 1984, as Document No. 768258, and
re-filed with the Ramsey County Registrar of Titles Office on December 11, 1984, as Document
No. 769752.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
•
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
Suite 317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
MJF
Notary Public
108339
~-~C
By
Heather M. Worthington, City Administrator/Clerk
STATE OF MINNESOTA )
SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this 8th day of October, 2003, by
Susan L. Gehrz and Heather M. Worthington, respectively the Mayor and the City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the City.
POLICY H4
10/8/03
• ITEM:
SUBMITTED BY:
REVIEWED BY:
EXPLANATION:
Amendment to Assessment Agreement
Matthew Foli, Campbell Knutson
Heather Worthington, City Administrator
Summary: The City has an assessment agreement in force on the Bullseye Redevelopment dating
from the early 1980's. Because of the land-swap, this agreement needs to be amended to eliminate
the parcel referenced in Policy Item H3.
ATTACHMENT:
• Amendment to Assessment Agreement
ACTION REQUESTED:
• Discussion
• Approval of Amendment to Assessment Agreement
•
•
108339
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 ASSESSMENT AGREEMENT
THIS INSTRUMENT AMENDS THE ASSESSMENT AGREEMENT DATED SEPTEMBER
19, 1984 FILED WITH THE RAMSEY COUNTY REGISTRAR OF TITLES ON NOVEMBER
15, 1984, AS DOCUMENT NO. 768257, AND WAS RE-FILED ON DECEMBER 11, 1984,
AS DOCUMENT NO. 769751.
This Amendment, made and entered into as of day of , 2003, by and
between the City of Falcon Heights, a Minnesota political subdivision (the "City"), Falcon
Crossing, LLC, a Minnesota limited liability company ("Falcon Crossing"), Sherman Associates,
• Inc., a Minnesota corporation ("Sherman"), and the County Assessor of Ramsey County, a
Minnesota political subdivision (the "Assessor").
RECITALS
A. Falcon Crossing is the current fee owner of certain property in the City of Falcon
Heights, Ramsey County, Minnesota, legally described as follows:
Lot 3, Keller's Re-Arrangement of Block 10 of Falcon Heights Addition; and
that part of the West half of adjoining alley, vacated, lying between the extensions
across said alley of the north and south lines of said Lot 3.
(the "Release Parcel")
B. Sherman is the current fee owner of certain property in the City of Falcon
Heights, Ramsey County, Minnesota, legally described as follows:
Lot 5, Keller's Re-Arrangement of Block 10 of Falcon Heights Addition; and
. that part of the West half of adjoining alley, vacated, lying between the extensions
across said alley of the north and south lines of said Lot 5.
(the "New Parcel")
108339
31
C. Pursuant to a Property Exchange Agreement, Falcon Crossing and Sherman have
agreed that Falcon Crossing will transfer the Release Parcel to Sherman, and Sherman will
transfer the New Parcel to Falcon Crossing, on terms acceptable to both parties.
D. The Release Parcel is currently encumbered by an Assessment Agreement dated
September 19, 1984, by and among the City, Bullseye Golf Centers, Inc., a Minnesota
corporation, and the Assessor, which Agreement was filed with the Ramsey County Registrar of
Titles Office on November 15, 1984, as Document No. 768257, and was re-filed with the
Ramsey County Registrar of Titles Office on December 11, 1984, as Document No. 769751 (the
"Assessment Agreement")
E. Falcon Crossing and Sherman have proposed, and the City and the Assessor have
agreed, to amend the Assessment Agreement by modifying the legal description attached thereto
to include the New Parcel, rather than the Release Parcel.
• F. The Mayor and the Clerk of the City are authorized to execute this Amendment
on behalf of the City.
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. This Amendment shall be effective upon the later of the recordation of a deed
transferring title to the New Parcel to Falcon Crossing and the recordation of a deed transferring
title to the Release Parcel to Sherman (the "Effective Date").
2. Effective on the Effective Date, Schedule A to the Assessment Agreement is
hereby deleted in its entirety and replaced by Schedule A to this Amendment.
3. Except as hereby specifically amended, the Assessment Agreement and all of the
terms and provisions thereof shall remain unchanged and in full force and effect.
4. This Amendment may be executed in counterparts, each of which shall constitute
an original and all of which together shall constitute one and the same instrument.
108339
~3~
IN WITNESS WHEREOF, the parties hereto have caused the presents to be made as of
the date and year first above written.
• CITY OF FALCON HEIGHTS
By
Its Mayor
By
Its Clerk
STATE OF MINNESOTA )
SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of ,
2003, by ,the Mayor and ,the Clerk
of the City of Falcon Heights.
Notary Public
108339
SIGNATURE PAGE TO
• AMENDMENT TO ASSESSMENT AGREEMENT
FALCON CROSSING, LLC
By
Its
STATE OF MINNESOTA )
SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of August, 2003,
by Stephen B. Wellington, Jr., the Chief Manager of Falcon Crossing, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
• Notary Public
C7
108339
3
SIGNATURE PAGE TO
. AMENDMENT TO ASSESSMENT AGREEMENT
SHERMAN ASSOCIATES, INC.
By
Its
STATE OF MINNESOTA )
SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of August, 2003,
by George E. Sherman, the President of Sherman Associates, Inc., a Minnesota corporation, on
behalf of the corporation.
• Notary Public
•
108339
'~~
SIGNATURE PAGE TO
AMENDMENT TO ASSESSMENT AGREEMENT
STATE OF MINNESOTA
Its
•
•
RAMSEY COUNTY
By
SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of August, 2003,
by ,the _ Assessor of Ramsey County, Minnesota.
108339
Notary Public
3~,
SCHEDULE A
Legal Description
Lots 6, 7, 8, 9, 10, 11, 12 and 13, Keller's Re-Arrangement of Block 10 of Falcon
Heights Addition.
Lots 14 and 15, Keller's Re-Arrangement of Block 10 of Falcon Heights Addition.
Lot 5, Keller's Re-Arrangement of Block 10 of Falcon Heights Addition;
and
•
•
That part of the West half of adjoining alley, vacated, lying between the extensions across
said alley of the North and South lines of said Lot 5.
108339
3'1
Policy HS
ADDENDUM
• 10/8/03
ITEM: Approval of Stipulation Settlement with Pizza Hut
SUBMITTED BY: Tom Scott, Campbell Knutson
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Late today, the attorneys representing Pizza Hut, Sherman Associates, and the city's
law firm, Campbell Knutson, completed the stipulation settlement for Pizza Hut. Sherman
Associates, Inc., and Sky Ventures, LLC (dba Pizza Hut) have signed a letter of understanding
outlining the conditions in the settlement agreement. Pizza Hut has agreed to relocate to the new
Multi-Family building to be built on the corner of Snelling and Larpenteur Avenues as part of the
Town Square redevelopment.
The city must approve this agreement before the parties can sign it and complete the deal.
ATTACHMENT:
• Settlement Agreement draft
• ACTION REQUESTED:
Approval of settlement agreement for Sky Ventures, LLC and Sherman Associates, Inc. for
the relocation of the Pizza Hut restaurant on the SE Corner of Snelling and Larpenteur
Avenues
•
108339
SETTLEMENT AGREEMENT
• THIS SETTLEMENT AGREEMENT (this "Agreement") is made as of the day of
2003, by and among the City of Falcon Heights, a Minnesota municipal
corporation (the "City"), JEMJAHS No. 3 Partnership, a Minnesota general partnership
("JEMJAHS"), Falcon Heights Town Center Limited Partnership, a Minnesota limited partnership
("Landlord"), and Sky Ventures, LLC, a Minnesota limited liability company ("Tenant").
RECITALS
A. Landlord and Tenant are parties to a lease dated , 19_ (the "Lease").
The Lease entitled Tenant to possession of certain premises in a shopping center located at 1650
Snelling Avenue North in Falcon Heights, Minnesota, as more particularly described in the Lease
(the "Premises").
B. In connection with the proposed redevelopment of the shopping center in which the
Premises are located, the City has initiated condemnation proceedings with respect to said property.
C. The term of the Lease is scheduled to continue until , 20 .Landlord
and Tenant have agreed that Tenant will relocate from the Premises in accordance with this
Agreement.
D. Tenant has asserted a claim against the City for a condemnation award and/or
relocation benefits associated with the termination of the Lease and Tenant's proposed move from
the Premises to a different location.
• E. The parties hereto have agreed to settle such claim in accordance w'
lth the terms and
conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Promptly after the execution of this Agreement, Landlord and Tenant will enter into
an amendment to the Lease providing that the Lease will terminate on March 31, 2004, or on an
earlier date (but not earlier than December 31, 2003) selected by Landlord, provided that Landlord
gives Tenant not less than thirty days written notice of such earlier termination date. Landlord and
Tenant agree that Landlord shall pay Tenant $125,000.00 upon the date of termination of the Lease.
2. Promptly after the execution of this Agreement, Landlord and Tenant will enter into a
new lease for premises in a building to be constructed on the shopping center site, which new lease
(i) shall include the provisions set out in Exhibit A attached hereto (including without limitation a
payment by Landlord to Tenant of $400,000.00 on the date that Tenant takes possession of the
premises) and (ii) shall be in form and substance reasonably acceptable to Landlord and Tenant.
3. In the event that such new building is not substantially completed within 36 months
from the termination date of the Lease, Tenant shall be entitled to liquidated damages from Landlord
• in the amount of $710,000.00 (and Tenant shall be entitled to retain the $125,000.00 previously paid
to it pursuant to paragraph 1 above).
108339
4. Tenant hereby accepts the covenants set forth above in full satisfaction of any claim
(i) that Tenant may have under the Lease, or (ii) that Tenant may otherwise have against the City,
JEMJAHS, Landlord, Sherman Associates, Inc., a Minnesota corporation and/or any future developer
• or owner of the land upon which the Premises are located, either singly or jointly, in connection with
the termination of the Lease and Tenant's relocation from the Premises.
5. This Agreement may be executed in counterparts, each of which shall be deemed an
original and which together shall constitute a single instrument.
[The remainder of this page has been intentionally left blank)
r ~
~_J
•
108339
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as
follows as of the day and year first above written.
•
CITY OF FALCON HEIGHTS
By:
Its:
JEMJAHS N0.3 PARTNERSHIP
By:
Its:
FALCON HEIGHTS TOWN CENTER
LIMITED PARTNERSHIP
C,
By:
Its:
SKY VENTURES, LLC
By:
Its:
M1:1032512.02
108339
Policy H6
ADDENDUM
10/8/03
•
ITEM: Approval of Expenditure to Repair Related to Fire Truck 757, Aerial
Apparatus
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Chief Kurhajetz
EXPLANATION:
Summary: The aerial apparatus purchased by the city in 1993 experienced a water leak at the
base of the Tele Squirt. This leak caused a problem with water pressure to the high pressure
nozzle on the end of the Tele Squirt equipment, and disabled the nozzle. Fire Department staff
found this leak prior to the State Fair, but did not want to remove the truck from service for the
two weeks needed in order to repair the leak, so waited until the Fair was over. The original
estimate for repair was more than $12,000; however, the final bill was only $8,995.27.
Because this was an emergency repair situation, the city administrator did authorize fire
department staff to go forward with the repair prior to council action. The department is now
seeking approval for the expenditure, which was, of course, not accounted for in the 2003
Budget. This cost can be covered in the Fire Capital budget.
• ACTION REQUESTED:
• Approval of the expenditure of $8,995.27 from Fire Capital to repair Aerial 757
•
108339
® Notes from the County Board/Bench Session
October 7, 2003
Background•
State takeover of the operations budget for the District Court was completed in July, 2003. The
agreement spells out which entity is responsible for budgeting for the courts: Ramsey County is
responsible for facilities and capital spending (which includes new buildings, initial furnishings,
maintenance, security, and fixtures in new buildings, and furniture in the courtrooms
specifically), and the State of Minnesota is responsible for the operational budget (personnel,
supplies, replacement furnishings/fixtures, office furniture etc...for the day-to-day operation of
the courts).
County staff made the comment that "remember, Ramsey County gave up HACA in
consideration of the State taking over the operations of the Courts."
The County Board asked staff to prepare a detailed analysis of the responsibilities of the County
and the State in relation to the District Court budget. They will plan to review this at an
upcoming Board work session in late October or early November (I will forward the date as soon
as it becomes available).
County Manager Twa commented that it was his experience that there was no consistency in
• other districts in terms of the agreements between counties and the state about responsibilities or
payments to the counties-each had negotiated their own agreements.
Concerns•
Several commissioners noted concern about the county's ability to service additional debt related
to any major capital improvements (including the possibility of moving the court to a new
facility in the suburbs). (Haigh, Rettman, Ortega specifically).
It was confirmed that there were dollars included in the 2004 County Budget for continuing the
rent at the Maplewood facility.
The proposed increase in debt service for 800 MHz and the County Library systems were noted
as examples of the kind of prioritizing the Board would need to do over the next month or so in
order to determine what would be funded for 2004. They seemed to indicate that the Courts
were not a priority in terms of funding for a large capital project.
There was a discussion between Commissioner Bennett and Jolly Mangine (the County's facility
director) about how much of the space in the various locations occupied by the Courts was used
for corrections, the county attorney, public defenders, city attorneys, etc.). Jolly explained that
while there was space utilized for those various participants in the court process, they were
incidental, and were essential to the smooth operation of the court system.
• Budget Impact/Shortfall:
Judge Mott (Chief Judge) explained that the budget shortfall for the operations of the Court
(which is the responsibility of the State) is roughly $272,000 for FY03-04 (the court is in a two-
year biennium, like the State). He outlined the issues as follows:
1) He believes that in order for the County to redevelop the West Publishing building (where
the Family Court was temporarily located several years ago), the Family Court will need to
be relocated. For the Court, he said that the Bench committee had decided that this was the
highest priority because the facility is too small, too expensive, and was only intended as a
temporary solution originally.
2) He stated that the Suburban Court facility has been declared "unsuitable" because it is too
small. He said that the original intention of the Bench was to stay at that facility as long as
the County appeared to be making progress towards along-term solution. He further stated
that the Court would need 18,000 square feet in a new facility. Commissioner Rettman asked
him if that is still the case, and he said that the issue now was that they did not have adequate
dollars to cover the operational shortfall, and so will have to look at cutting staff in other
areas if they are to keep the Suburban Court open.
3) Mott also told the Board that 90% of the Court's budget is personnel related, and that in order
to make up for the budget shortfall, he cut jury pay by 1/3, and cut the guardian ad litem
program (which is a program that provides adult guardians for children in the court system).
He also stated that because of a shift in fee revenue from the Courts to the State, there is a
statewide shortfall of $23 Million.
4) The closure of the Suburban Court would eliminate 5 FTE's. It was not clear if this would •
mean that those staff would move to the LEC (Law Enforcement Center) or be eliminated
altogether. The Board asked the Court to present a detailed analysis of the staff positions
impacted, and the staffing plan for the future of the Court as it related to the opening of the
LEC. He did say that the moving of staff to the LEC would not represent savings in staff
time. He also stated that the Court has eliminated 9 FTE's and 7 part-time staff positions.
The total budget cut represented 4% of the total $18 Million budget for the Court.
5) Mott also stated that even if the County built a new facility in the suburbs, the positions to
staff that facility have been cut in the FY03-04 Budget, and so the Court would not be able to
staff the facility unless other revenue sources were found.
Operations•
There were some discussions about moving out-of-custody arraignments out of the suburban
court facility. Generally speaking, these arraignments don't require a police officers presence;
however, I spoke with Captain Ohl of the SAPD, and he would be concerned about any transfer
of services from the Suburban Court because it may represent a "chipping away" of the services
provided at the Suburban facility. He also said that out-of-custody arraignments often require a
re-interview of the defendant by police, and the movement of those arraignments to the LEC
would present the same problems for the Suburban police departments as a moving of the entire
court.
•
• The Boazd also discussed exploring other ways of increasing efficiency of operations in the
Court administration through consolidating court facilities. County staff will be working on
research in this area.
The suburban communities have been very cleaz about the need for the Suburban Court to
remain open in order to provide a location that is more central to the cities geographically, and to
address the problem of removing officers from patrol for extended periods of time if they have to
go downtown. It is also very expensive to lose patrol hours for those officers, as well as pay to
pazk downtown. The possible closure of the court would be more expensive (both in terms of
dollazs and service levels) for suburban cities in the long run because of these factors.
Options
The Ramsey County staff presented a variety of options for restructuring the Court's facilities.
The Board will be analyzing these, and trying to determine which of them can be eliminated
from consideration as part of their process over the next month. They did agree to remove
Option E from further consideration. I have attached copies of the handouts from the meeting
for your perusal.
Commissioner Haigh specifically stated that she would not support operations costs being added
to the County budget for the Courts. She said that the County negotiated the State takeover of
the Court for that reason, and the County would be backpedaling on the agreement if they began
to fund operations of the Court. She also said that the Court needed to provide an operational
plan for staffing a new suburban facility, and that she felt the Court was squeezing the County
Board to provide operations money because of the suburban facility issue.
Judge Mott said that the Bench was willing to work with the Boazd to fmd solutions. He said it
would be helpful if the Board could give the Bench some direction in terms of the various
solutions presented by staff, and suggested that some of the options be eliminated right off the
top. The Board said they would examine them, and try to come up with some direction in the
next month for staff and the Bench.
Rettman stated that she would not go higher on the debt service for the County's FY04 Budget,
and urged staff and the Bench to find other solutions.
Analysis•
In my opinion, the County Board knows the importance of keeping the Suburban facility open.
They did unite in their opinion that the operations costs associated with the Court were not the
responsibility of the County. They were less united in their consideration of capital spending for
a new Suburban facility; however, if there was an option that would limit debt service, preserve
the court in some suburban location, and solve the ongoing operational shortfall for the Court,
the Boazd might agree to a capital expenditure for a new or expanded Suburban facility. I
believe that we have at least three Commissioners who are going to fight to keep the Suburban
• facility open. For at least one of the Commissioners, the issue is well understood, and this
person knows the importance of keeping the facility open; however, the issue of debt service is
more important, and may, in the end, trump the importance of keeping the facility open for this •
commissioner. This commissioner will have the swing vote on any Board action related to the
Suburban Court issue-so it behooves us to find a solution that will meet that person's standards
in terms of the debt service for a facility. This person actually suggested that the solution was to
fmd another suburban location that would be cheaper to operate (rent), and would better serve
the needs of the court. Of course, the Bench countered that they have already cut funding for
staff in the Suburban Court, so they would not be able to staff such a facility.
Strategically, I think it's very important to remove Option A and C from consideration, as they
appear to be very cost effective (and therefore very attractive), and are by far the easiest solution
for the Court in terms of closing the Suburban facility permanently. One thing noted by several
commissioners on the issue of the movement of the Suburban Court to the Courthouse or the
LEC, was the need for additional parking-and this was not included in the financial analysis of
either option. This would be a considerable expense, and could be adeal-killer in terms of cost
for either location.
The Family Court has been along-standing problem for the County Board and the Court. This
solution will require considerable time and dollars. The situation with the Suburban Court is
more immediate-the Court has already cut those 5 FTE's in their FY03-04 Budget. I am
worried that the Court will say "we don't have the money, we have to close the facility".
Clearly, the Court has made decisions about spending priorities that have a direct impact on their
ability to keep the Suburban Court open. The Court seems to have other goals in declaring the •
facility "unsuitable". In my opinion, they want to permanently consolidate the services provided
at the Suburban Court into the LEC or Courthouse so that they can streamline the operations of
the Court. Unfortunately, this will result in a situation where the suburban residents (who
comprise half of the County's population) are not well served by the Court system. This also
violates the state statute that requires Ramsey County to provide a court facility outside of Saint
Paul. This is a classic debate regarding service provision and efficiency versus cost. In this case,
the efficiency for suburban communities (in terms of police time, resident service, and
geographical proximity of the court to suburban residents) would be lost if the Suburban Court
were closed. While this may be good for the Court in terms of budgeting, this would be bad for
the people who utilize, and pay, for the courts.
Conclusion•
The County must hold the State of Minnesota to their agreement to fully fund the District Court
for operational expenses (which they did not do in FY03-04 because of a recapture of fee and
surcharge revenue). This could be accomplished with the city's help in lobbying our state
representatives. It is also important for the suburban communities to come together and work on
finding a solution to this problem that will fit the constraints set forth by the Board, while also
looking asking the Court to look at their staffmg model and the operational aspect of staffing a
Suburban facility.
Respectfully submitted.• Heather Worthington, City Administrator •
City of Falcon Heights
•
Ramsey County Board Workshop
Agenda
U
1)
2)
October 7, 2003
Immediately following County Board Workshop on the County
Environmental Charge or following the 1:30 p.m. Human
Services/Workforce Solutions Committee Meeting
220 Court House, Large Conference Room
District Court Facilities Update
INTRODUCTION Commissioner McDonough
OVERVIEW OF CURRENT
COURT FACILITIES
3) RELATED INFORMATION
4) FACILITIES OPTIONS REVIEWED BY
BOARD-BENCH COMMITTEE
5) COURTS OPERATIONS
6) NEXT STEPS
Jolly Mangine
Terry Speiker
Julie Kleinschmidt
Connie Catlin
Jolly Mangine
Judge Mott
Larry Dease
Commissioner McDonough
(Applicable materials will be distributed at the workshop.)
•
RAMSEY COUrffY
Ramsey County Board of Commissioners
220 Court House
15 West Kellogg Boulevard
St. Paul, IvIN 55102 • (651) 266-8350 Fax (651) 266-8370
www.co.ramsey.mn:us/
To: Ramsey County Board of Commissioners •
From: Ramsey County Commissioner Tony Bennett
Ramsey County Commissioner Jan Wiessner
Ramsey County Commissioner Victoria Reinhardt
Date: October 7, 2003
Re: Suburban Court Facilities
Jim McDonough, Chair
Tony Bennett
Susan Haigh
Rafael E. Ortega •
Victoria Reinhardt
Janice Rettman
Jan Wiesner
Discussions have been taking place over the past few months regarding the Second Judicial District
Court system, including a Suburban Court location. On August 11, 2003 a meeting was held in
White Bear Lake to discuss the Court system in Ramsey County. Those in attendance included:
Commissioners Wiessner, Bennett and Reinhardt, Chief Judge Tom Mott, Representative Doug
Meslow, Sheriff Fletcher, police chiefs, municipal elected and appointed officials, municipal •
prosecutors, and other interested parties. Afollow-up meeting was held with the group on Monday,
August 25, 2003.
A brief summary of the major issues discussed at both meetings included:
1) The Courts budget shortfall for this biennium of approximately $275,000 (4 to 6 FTEs);
2) Concerns by the Courts about the current Suburban Court facility in Maplewood (4 to 6
FTEs);
3) The requirement on Ramsey County to provide for a Suburban Court location in
accordance with Minnesota State Statute 488A.185, which reads as follows: "The coimtl~
of Ramsey shall provide sz~itable gz~arters, as determined by the cozrrt, for the holding of
regzrlar terms of coarrt at one centrally located site outside the city of Saint Paz~l and
tii~ithin the county of Ramsey. "
4) The opening of the Law Enforcement Center and the need for duplicate staff for
arraignments (4 to 6 FTEs), according to Chief Judge Mott. The two shelled in
Courtrooms at the LEC and .lack of parking were also discussed;
5) Options for moving Family Court, Child Support Magistrate and Harassments out of the
West Building, and Civil Commitments out of Regions;
6) The suburban municipalities concerns regarding public safety, victim and witness issues.
and added costs to taxpayers, without a Suburban Court location; and
7) Options for fulfilling Ramsey County's obligation to provide the suburban facility and fog
dealing with the Courts issue of the budget shortfall, including county andfor court fees
and legislation. •
Minnesota's Fixst Home Rule County
priia~•d ~~n rrcui~•d p;q~rr a-iih a mininunu of Iu~G pua •cmieuwrr cunirirt
Resolutions were passed by several municipalities in support of a suburban court facility. Three
• communities also attempted to quantify the added costs to taxpayers if a suburban court was not
available. The added costs provided were: $6,135; $10,866 and $40,353.
Several options were presented by Chief Judge Mott in a flow chart on August 25`h. The options
were color-coded to make it easier to follow. The preferred option was green. Attached is the flo~~~
chart showing only the green option with the activities performed at each location.
The '`Green" Option for the Second Judicial .District CburtMsystem reduces the locations from which
the Court operates by two, the West Building and Regions. A summary of the major changes
includes:
1) Building out one additional courtroom at the LEC to make room for all St. Paul
arraignments, thereby eliminating the need for duplicate arraignment staff at the
Courthouse and the LEC;
2) Building a new suburban court facility for non-custody suburban arraignments, pre-trials
and court trials and jury trial calendar call;
3) Eliminating the Courts location at Regions by moving civil commitments from Regions
to the Courthouse; and
4) Eliminating the Courts location at the West Building by remodeling at the Courthouse to
accommodate moving family court, child support magistrate and harassments out of the
West Building.
• Below I will outline one potential option to assist in addressing the concerns and responsibilities of
both Ramsey County and the Courts:
1) Implement the green option at a total annual cost of approximately $310,000. This option
would eliminate the duplicate arraignment staff (4 to 6 FTEs) at the LEC and Courthouse.
Unlike the arraignment staff, the cost savings for moving the operation at Regions to the
Courthouse was not mentioned.
2) Establish a Facilities Fee to be collected by the Courts on filings deemed appropriate after
discussion with the Courts to equal at least the cost of the additional expenses associated with
the green option. It should be noted that the total facilities cost to Ramsey County for the
current court facilities is approximately $2.7 million.
Darwin Lookingbill indicated that language in the charter as well as Minnesota Statute
383A.22 appears to allow for the establishment of such a fee without the need for legislati~~e
action.
383A.22 Fee system.
Subdivision 1. The board of county commissioners, after a public hearing, may establish a
system. of fees or charges for recording, filing, certification or providing copies of an
instrument, document or other paper, or for the services of a county office, official,
department, or employee thereof, or a court system located entirely inside the county.
• Second District Filings for 1997 - 2002 were forwarded by Sue Conde from Larry Dease's
office. The total filings for 2002 were 327,143. As you can see from the attached document.
" _,,
the case types are broken down intq the following categories: major criminal, major civil,
major probate, major family, major juvenile, minor civil and minor criminal. We would need ,
to determine which cases and how much per filing would be appropriate. For example, if all
filings were charged a $1.00 facility fee, $327,143 would have been raised in 2002. If only
.minor criminal cases were charged a facilities fee, at $2.00 per case, $576,066 would have
been provided for facilities.
3) Seek legislative change, which Representative Meslow has offered to author, allowing the
Courts to add a fee and to retain the amount raised for use within the judicial district. The
implementation would be similar to number two~above. -
r~
I 1
WEST BUILDING
. Family Court
Child Support Magistrate
Harassments
RAMSEY COUNTY DISTRICT COURT
FACILITIES
~,:.
>>
..5~~``"
COURTHOUSE .
•
Civil
Probate •~ - -
• All Jury Trials ~ ' . - =`I"
• St. Paul Court Trials- ~ •~ . ~~'+°~.
• St. Paul Pre-Trials •
• - S_t. Paul Non-Custody Arraignments
• .Suburban Custody Pre-Trails .
.~•,
- ADC ` ~~
- ~ . - .... - . ' `~ ~~3
- =`ik
~~ -. All Custody Arraignments.
- ~ 'Felony :1"Appearance
- - -- -- „Felony_Omnibus Hearing
,..~ .
•~ - •,_ All Felony & Misdemeano
`"' ' ~.',~ .Probation Violatic
MAPLEWOOD .::
Non-Custody Suburban Arraigrirn
Non-Custody Suburban Pre-Trials
Non-Custody Suburban Court Trig
..~
Jury Trial Calendar Call
•
REGIONS
Civil Commitments
SUBt
CO
10/02/2003 16:06 FAX 6512668278
Minnesota Yearly Case Trends
J17D. DIST. ADMIN.
Second District Filings
1997 - 2002
C s pJr 99 1998 1999
Serious Felony 122 132 101
Felony DWI 0 0 0
Other Felony 2392 2543 2210
Gross Misd DWI 819 1166 1027
Other Gross Misd 2026 1969 1880
Major Criminal 5359 5810. 5218
Personallnjury 906 748 590
Contract 818 739 693
Wrongful Death 50 50 33
Malpractice 33 27 24
Property Damage 89 57 81
Condemnation 15 11 5
Conciliation Appeal 237 219 203
Harassment .698 707 627
Employment 78 69 41
Other Civil 1067 1138 1196
Major Civil 3991 3764 3493
Trust 61 61 84
Supervised Adm 48 43 37
Unsupervised Adm 201 242 230
Special Adm 25 26 22
Informal Adm 590 583 566
Other Probate 98 90 97
Guardian/Conservator 244 261 ZZO
Commitment 551 614 61 B
Major Probate 1818 1920 1874
Dissolution wl Child 892 891 880
Dissolution w/out Child 873 884 859
Support 1264 1330 1442
Adoption 206 212 213
Other Family 112 98 121
Other Juvenile 146 173 65
Domestic Abuse 1323 1394 1361
Major Family 4816 4962 4941
Delinquency Felony 883 997 1005
Delinquency Gross Misd 340 326 316
Delinquency Misd 1141 1148 1042
Status Offense 1053. .1248 105
Dependency/Neglect 322 370 43
Term Parental Rights 115 137 201
Delinquency under 10 0 0
Truancy 202 240 27
Runaway 138 124 11
Major Juvenile 4194 4590 445
MAJOR CASES 20178 21066 1997
Unlawful Detainer 4302 4201 385
Implied Consent 287 398 40
Transcript Judgment 2854 3025 230
Default Judgment 1694 1833 176
Conciliation 10093 9616 795
Minor Civil 19230 19073 1627
5th Degree Assault 1761 1708 155
Other Non-TraYc 15191 13900 1338
DWI 4346 3833 366
Other Traffic 124773 135088 13110
Juvenile Traffic 2734 2482 257
Parking 106837 128078 13427
Minor Criminal . ' 255642 285089 28655
T07AL 295050 325228 32281
~ 002
Page 1 of 1
2001-02 1997.02
00 2001 2002 % Chg '(s Cha
116 101 110 9% -10%
0 0 34 0% 0%
2327 2615 2870 10% 20°k
1075 1259 1126 -11% 37%
1970 1888s, 1823 -3°l0 -10%
5486 .5863 5963 .2% 11%
560 `'•610 625 2% -31
643 573 564 2% -29%
40 42 30 -29% -40%
9 t0 20 100% -39%
83 78 56 -28% -37%
14 10 19 90% 27%
197 211 196 -7% -17%
747 839 916 9% 31%
65 49 57 16% -27%
1240 1149 1142 -1% 7%
3598 3571 •3645 2% -9%
100 68 61 ~-10% 0%
30 35 32 -9% -33%
210 209 211 1% 5%
37 33 ~ 25 -24% . 0%
616 610 568 -7% -4%
93 88 63 -28% -36%
201 212 219 3% -10%
622 761 786 3% 43%
1909 2016 1965 -3% 8%
879 820 758 -8% -15%
863 795 819 3% -6%
1329 1256 1401 12% 11%
229 192 208 8% 1%
157 114 193 69% 72%
44 73 41 -44% -72%
1344 id53 1426 -2% 8%
4845 4703 4846 3% 1%
1172 1225 1018 -17% 15°/a
333 321 342 7% 1%
1294 1161 1055 -9% -8%
9 1335 1510 1313 -13% 25%
7 492 553 467 -16% 45%
.188 198 209 6% 82%
0 0 0 D 0% 0°h
9 336 ~ 318 255 -2D% 26%
4 107 92 93 1% '=33%
3 5257 5378 4752 -12% 13%
9 21097 21531 21171 -2% 5%
3 3723 3910 4043 3% ~-6%
1 456 454 428 •6% 49%
4 1970 • 2436 2434 0% -15%
B 1877 2081 2709 30% fi0%
3 7671 8629 8325 -4% -1 B%
9 •15697 17510 17939 2% •7°/.
7 1609 1416 1386 -2% -21%
4 13193 12842 29438 129% 94%
7 4010 1748 2221 27% -49%
1 153460 140302 128296 -9% 3%
3 1228 896 3435 283'/0 26%
5 155920 114091 123257 8% 15%
7 329420 271295 268033 6% 13%
5 366214 310336 327143 5% 11%
Provided by the Minnesota Supreme Court www.courts.state.mn.us
l,tt„ • //r.ri m i n al . i ustice. state.mn.us/courts/asp/lcas2trnd.asp
10/2/2003
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OCT 8 °2003
RAMSEY COUNTY BOARD OF COMMISSIONERS
JANICE RETTMAN
County Commissioner
District 3
TO: Ramsey County Local Elected Officials
a
FROM: Janice Rettman, Chair
Ramsey County HRA
DATE: October 6, 2003
RE: Suburban HRA Levy Follow-up
On Tuesday, September 9 the Ramsey County Housing and Redevelopment Authority Board
adopted a maximum levy of $805,800 for suburban communities for 2004. This new levy is just
under 1% and is intended to support housing initiatives as permitted under Minnesota Statutes as
well as to maximize leverage of other dollars. Under the proposed spending plan, these levy funds
would be distributed to each of the 18 suburban communities based on population, however, each
municipality's elected officials would decide how those funds are spent within the requirements
outlined in the statutes. This could include pooling resources for joint efforts and purchasing
• services from the Housing Resource Center.
Following a meeting on August 4`h of this year, the plan for governance and fund distribution was
revised to take into account the comments made by municipality representatives or in letters. A
copy of the revised plan and minutes of the meeting were sent to each city in late August. I have
attached a copy of the plan, fund distribution and the adopting resolution for your convenience.
A public hearing and final consideration of the levy, governance plan and fund distribution will
be held later this year. However, in order to provide another opportunity for full input, I have
scheduled a meeting for Thursday, October 16 from 2:00 to 3:00 P.M. at the Falcon Heights
City Ha11, 2077 Carpenter Avenue. If you plan to attend or send a representative please contact
my office at 266-8360 or by fax at 266-8370. Written comments may be sent to my office, 220
City Ilal;iCoart IIoasz, Saint Faui, MN 55102. If only one or twc~ P.S~JP's are receivedi i:he
meeting will be cancelled and written comments requested instead.
The discussions have been thoughtful and I believe that, in addition to the benefits that sound
housing provides for all of Ramsey County, this will create an opportunity between the Board and
each municipality, and between municipalities, to build strong working relationships in support of
common goals.
Thank. you for your interest.
Cc: Ramsey County HRA Commissioners
Attachments
CITY HALL/COURT HOUSE SUITE 220 SAINT PAUL, MINNESOTA 55102 651/266-8360
Minnesota's First Home Rule County
printed on recycled paper
e ~ u
PROPOSED HRA SUBURBAN TAX ZEVYAND 2004 FUNDING DISTRIBUTION
For over a year there has been on-going discussions about a suburban Ramsey County Housing
and Redevelopment Authority tax levy to help meet local needs. However, communities have
expressed reservations about the tax levy that include the possible loss of local control and a
belief that smaller cities would not receive a direct benefit or be able access funds. During the
past legislative session amulti-city HRA levy was proposed that was purported to address some
communities' needs by funding the Housing Resource Center: But this plan could have resulted
in overlapping tax levies, would have created an unnecessary level of government and would
have granted taxing authority to appointed rather than elected officials.
Using its own HRA powers, Ramsey County has the ability to (1) meet the needs of its varied
cities and townships, (2) avoid additional levels of local government, (3) address individual
community concerns, (4) avoid overlapping levies and (5) maximize community benefit. In
response, the following levy/funding proposal is submitted for consideration by the Ramsey
County HRA Board and the 18 suburban communities within the County. The proposal assures
an equitable distribution of levy dollars yet provides for
• Maximum local control;
• Maximum flexibility permitted under state statute;
• Minimum county involvement;
• Local accountability;.
• An on-going source of funding; •
• Benefit in every community;
• Achievement of County HRA goals as spelled out in the yearly plan; and
• Maximum leverage of non-county matching resources.
Under the proposal, spending approval by the Ramsey County Board would be required but the
restrictions on spending would be limited to those purposes spelled out in state statutes. As
envisioned, the proposal would include the following operational benefits to local communities:
• Funds may be combined with other resources for project support;
• Communities may pool levy funds to achieve common goals;
o Communities may accumulate annual appropriations for up to five years in
order to support major projects;
• After five years annual appropriations would be placed in a special suburban
pool and made available to all communities on a competitive basis;
• Once the 5-year maximum accumulated funds are reduced, annual allocations
would again revert to the local community to the 5-year maximum amount;
• Local communities would be involved in drafting guidelines for distribution
of the excess appropriation pool; and
s All spending decisions are made by local elected officials.
A .948% suburban tax levy (less than 1%) would yield $805,800 for distribution to local
communities as shown in the attached chart. The levy includes approximately 5% ($35,000) for
county management expenses such as compliance reviews, budget and accounting services, and
county related attorney services and $15,800 for uncollectable taxes,
Revised 9-9-03
PROPOSED HRA SUB URBAN TAX LEVY AND 2004 FUNDING DIST
RIBUTION
POPULATION CITY 2000 POPULATION PROPOSED PIRA
CRITERIA LEVY FUNDING
0 to 1,000 Blaine 0 $5,000
Spring Lake Park 105
Gem Lake 419
1,001 to 5,000 Saint Anthony 2,348 $25,000
Lauderdale 2,364 ..
North Oaks 3,883
5,001 to 10,000 Falcon Heights 5,572 $35,000
Arden Hills 9,652
Little Canada 9,771
10,001 to 15,000 White Bear Townshi
P
11
293
45,000
North Saint Paul 11,929
Moundsview 12,738
• Vadnais Heights 13,069
15,001 to 30,000 New Brighton 22,206 $60,000
White Bear Lake 23,974
Shoreview 25,924
30,001 to 50,000 Roseville 33,690 $100,000
Maplewood 34,947
Over 5.0,000 Saint Paul* 287,151 * $p*
Other Ramsey County $35,000
Administration
Uncollectible Taxes $15,800
TOTALS
• Suburban: 223,884 $805
800
Saint Paul: 287.151 ,
_p_
511,035 $805,800
*Saint Paul has a separate HRA and related tax levy.
Revised 9-9-03
DRAFT •
RESOLUTION
:;~.~
WHEREAS, The Truth in Taxation Law requires the Ramsey County
Housing and Redevelopment Authority to certify a proposed net tax levy each
year to the Property Records and Revenue Department .(County Auditor); and
WHEREAS, The Minnesota Department of Revenue has notified the
Ramsey County Housing and-Redevelopment Authority that the proposed net tax
levy to finance the 2004 budget must be certified by September 15, 2003; and
WHEREAS, A provision of the Truth in Taxation Law is that the approved
net tax levy for the 2004 budget cannot be more than the proposed tax levy
certified by the Ramsey County Housing and Redevelopment Authority by
September 15, 2003; and
WHEREAS, In order to continue to improve the quality of life and access
to services in the region and to remain a partner with our suburban communities
in achieving mutually agreeable housing and economic development goals; and
WHEREAS, The 2004 maximum allowable levy for the Ramsey County
Housing and Redevelopment Authority is $2,605,300; Now, Therefore Be It
RESOLVED, That the Ramsey County Housing and Redevelopment
Authority hereby establishes the proposed net tax levy for the Truth in Taxation
Law to finance the 2004 budget in the amount of $805,800.