HomeMy WebLinkAboutCCAgenda_05Feb9CITY OF FALCON HEII
+~ Regular Meeting of the City
City Hall
2077 West Larpenteur A~
I AMENDED AGEND.
February 9, 2005.
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL
LINDSTROM TAL]
WORTHINGTON
ATTORNEY ENG]
C. CO1~~IlVIUNITY FORUM:
D. PRESENTATIONS:
1..$1,000 Donation from Mineral Club
2. John Zanmiller, St. Paul Regional Water Services
Review of 2004 for the St. Paul Regional Water SE
E. APPROVAL OF MINUTES: January 26, 2005
F. PUBLIC HEARINGS: None Scheduled.
G. .CONSENT AGENDA:
1. General Disbursements through February 4, 2005
Payroll (O1/15/OS-01/30/05)
2. Acceptance of Certificate of Completion and Certi
Defaults for Town Square Senior Apartments
3. Appointment of Prosecuting Attorney
ADD 4. Compensation increases for Finance Director and ~
H. POLICY AGENDA:
1. 2005 Council liaison assignments
I. REPORTS FROM COUNCIL MEMBERS:
J. INFORMATION AND ANNOUNCEMENTS:
K. ADJOURNMENT
LAMB
~KODLUBOY
of Directors -
$ 60,950.13
$ 13,984.07
Regazding
Administrator
CONSENT G4
2/9/05
ADDENDUM
ITEM: Compensation increases for Finance Director and City Administrator
SUBMITTED BY: Mayor Gehrz
~~EWED BY: Councilmembers Kuettel, Lamb, Talbot and Lindstrom
EXPLANATION:
Summary: In September 2003, the City Council requested a comprehensive salary review of
city employees. This was subsequently discussed in a council workshop, and two
recommendations were made by the Council for additional compensation over athree- ear
period, commencing in 2004. For 2004 and 2005, this additional compensation was ro
into the budget, with increases as follows: p grammed
Finance Director: $3,756 increase to $56,537
City Administrator: $4,770 increase to $65,228
This recommendation is retroactive to January 1, 2005. This is part of a comprehensive study of
employee salaries compared to the market of Group 7 cities utilizing the Stanton Salary Survey.
• ACTION ]ZE
QUESTED:
Approval of compensation increases for Finance Director and City Administrator
•
PRESENTATION 1
2/09/05
ITEM: Donation of $1,000 from the Mineral Club
SUBMITTED BY: Greg Hoag, Public Works Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The Mineral Club is an organization that uses the City Hall facilities for their
monthly meetings. They will be making a donation of $1,000 to the City to purchase more tables
and chairs. Several members of their Board will be in attendance on Wednesday evening to
make a formal presentation of their donation to the City.
ACTION REQUESTED:
• Acceptance of the Mineral Club's donation of $1,000 to the City
L~
• CITY OF FALCON HEIGHTS
MINUTES
January 26, 2005
Mayor Gehrz convened the regular City Council meeting at 7:00 PM.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb,
Peter Lindstrom and Richard Talbot
Also present: City Administrator Heather Worthington, City Attorney Roger
Knutson, City Engineer Doug Tholo and Deputy Clerk Mary Shea Kodluboy
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATION:
MarySue Hansen, Executive Director of the Suburban Ramsey Family Collaborative
Presentation of a Community Recognition Award to the City
MarySue Hansen, Executive Director of the Suburban Ramsey Family Collaborative, explained
that her organization brings systems and services together to protect children experiencing at risk
circumstances and conditions. A need was expressed for box springs, mattresses and blankets.
• She sent out a request to their list serve and was flooded with wonderful responses from Falcon
Heights residents. She never knew that a community could have such caring. This is the first
time her organization has given a Recognition Award to a community.
Mayor Gehrz said the response from the community happened because of technology. Falcon
Heights has a unique program called Neighborhood Liaisons. The City has email addresses for
most of the Liaisons and, in response to an email request, a wonderful response was received.
She said the City has been asking residents to give their email addresses to the City and this is
another good reason to do that. Mayor Gehrz thanked MarySue Hansen for recognizing the
community.
APPROVAL OF MINUTES: The Council minutes dated January 12, 2005 were unanimously
approved as presented.
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
Administrator Worthington said that under Consent Agenda Item G1, General Disbursements,
the figure should be changed to $92,806.25 from $92,946.45. There was a keying error with one
of the disbursements.
• Mayor Gehrz said that under Consent Agenda Item G2, the City will only be appointing the City
Civil Attorney -Roger Knutson, Campbell Knutson, this evening.
• FALCON HEIGHTS CITY COUNCIL MINUTES _2_
January 26, 2005
CONSENT AGENDA (continued)
Kuettel moved approval of the Consent Agenda, as amended and outlined below. The motion
was unanimously approved.
1. General Disbursements through January 21, 2005: $ 92,806.25
Payroll (O1/O1/OS-O1/15/OS) $ 14,293.59
2. Appointment of City Civil Attorney for 2005: Civil Attorney -Roger Knutson,
Campbell Knutson
3. Annual appointment of Building Official -Steve Westerhaus
4. Annual appointment of Fire Marshal -Jack Auger
5. Acceptance of Final Payout Request #5 from Jay Bros, in the amount
of $10,064.05, for the 2003 Street and Utility Improvements-Folwell
and Sheldon Avenues
6. Acceptance of contributions to the Dead of Winter Event from Source
Comics and Games-$100.00, and Warners' Stellian-$100.00
POLICY AGENDA:
• Organized Refuse Collection
Mayor Gehrz thanked everyone for attending the Council meeting this evening. She thanked the
people who took the time to work on this issue, especially the members of the Solid Waste
Commission who volunteered countless hours to do the study that the City Council asked them
to do; the residents who took the time to contact the City Council with their opinions,
suggestions and concerns; the trash haulers and their representatives for participating in the study
and discussions; and the trash collection employees who show up at the homes and take away the
trash regardless of the weather. She said that one of the things she has learned in the process is
that people are pleased with the service these hard-working people provide. Since many of their
bosses were in the audience, she thought it would be nice to show these employees the
community's appreciation with a round of applause.
Mayor Gehrz utilized the LCD projector for her presentation about solid waste collection and
discussion of proposals. She explained that the process outlined below would be followed this
evening:
• Background summary
• Citizen input results
• Council discussion of proposals
• Public comment on new proposals
• • Council vote on proposals
• Identification of next steps
3
•
FALCON HEIGHTS CITY COUNCIL MINUTES _3_
January 26, 2005
Organized Refuse Collection (continued)
Background summary
Who brought up this issue? Mayor Gehrz said that she did because of the ongoing complaints
and requests from residents that the City take an active role in reducing the number of trash
trucks on streets and alleys. Also, when Ramsey County was looking at this issue she attended
some meetings where she heard City officials talk about the cost savings to residents that they
had seen by having instituted organized collection. The engineering estimates for wear and tear
on the streets certainly added to her interest because everyone pays for that.
Why did the City put resources into doing this study? Mayor Gehrz said the City Council studies
lots of issues that affect Falcon Heights residents. She gave three examples that she hoped might
help put the solid waste collection study in perspective.
• Merge with Roseville - In the early 1990's, the City contracted with an accounting firm to study
whether merging the cities of Falcon Heights and Roseville would result in better services and
lower taxes. Based upon the results of the preliminary study and resident input, that proposal
was rejected.
Waster infrastructure - In 1997, the City studied whether its residents and businesses could save
money on their water bills if the City sold its water infrastructure to the St. Paul Regional Water
Utility. Based upon the results of that study and City Council action, Falcon Heights residents
now pay wholesale rather than retail rates for water.
Previous solid waste collection study -The result of the previous decision was to use City
ordinance to require all haulers to pick up on the same day, with twice a week pickup
grandfathered in for the Grove neighborhood. That was a great improvement over the previous
situation with trash haulers picking up every day of the week.
Why did the City Council pass a resolution of intent to organize collection following the public
hearing on March 24? Mayor Gehrz said the study process is governed by State statute that
requires the City do so if it wants the haulers to participate in the development of any plans or
proposals for organized collection. The Council was also hearing support for doing the study.
While the Council heard opposition, there was support for doing the study to try to address some
of the questions that were raised.
• Why is there no staff recommendation on this issue? Mayor Gehrz explained that staff does not
take a position on an issue unless the Council takes a position on an issue.
4
C,
•
•
FALCON HEIGHTS CITY COUNCIL MINUTES _4_
January 26, 2005
Organized Refuse Collection (continued)
Why did the City spend the money to mail a report to the single family homes in the City?
Mayor Gehrz said that one of the roles of the Solid Waste Commission is public education.
Information gathered in the study and the work with the haulers is important for the residents
to use in making individual decisions about hauler selection or forming their opinion on whether
the City should adopt an organized collection. It is unfair to expect people to tell the City their
opinions without giving them information that would be useful in forming those opinions.
Why were residents asked to take some time to send the City their opinions, concerns and
questions about how waste is collected? Mayor Gehrz said this was done because the City cares
what its residents think. When the City Council last considered organized collection, there was
not a very effective public input process. Notice of the public hearing was posted and sent to the
haulers, but the City did not send letters to every resident about it. This process has been much
better. The Council said, at every decision point, that it wanted to gather information through a
study, get that information into the hands of the residents, and get their response to a possible
change in the system of collecting trash in Falcon Heights. That is exactly what was done.
Citizen input results
What did the City Council learn from the citizen input period?
• Total households 1 199
Households responding
responding
Of the 356 households responding:
• Oppose organized collection
• Support organized collection
• Neutral or indeterminate
Reasons for opposing organized refuse collection:
• Desire to maintain choice
• Satisfied with service
• No need for any change
• Oppose government involvement
• Maintain open markets
• Potential cost increase
• Concern for small haulers
• Like their hauler
• City staff resources
• Other
356
30%
287 (81 %)
60 (17%)
9
48%
28%
21%
13%
12%
6%
6%
4%
3%
5%
S
•
•
FALCON HEIGHTS CITY COUNCIL MINUTES
January 26, 2005
Organized Refuse Collection (continued)
Reasons for supporting organized refuse collection:
• Reduce noise, pollution 38%
• Preserve streets and alleys 37%
• Reduce prices 35%
• Environmentally sound 30%
• Improved safety 27%
• Other 15%
-5-
Mayor Gehrz thanked the Falcon Heights residents for their opinions and suggestions. She said
the Council has four options:
1. Do nothing. Take no action to change the current system
2. Hauler's proposal. Improve the current open collection by mitigating the impact of
trucks by:
• Bringing trucks into the City empty
• .Using left turns into and out of alleys
• Not driving on streets and alleys where they have no customers
• Assisting with educational efforts
3. Ask staff and the Solid Waste Commission to develop specifications for a Request for
Proposal to be sent to all licensed haulers
4. Adopt some other plan for improving the trash collection system
Council discussion of proposals
Mayor Gehrz said the City Council has listened carefully to its residents and the haulers. Now it
is time for the Council to discuss these options. According to the standards for conducting
Council business, Council members are asked to discuss an issue before making a motion. By
doing it that way, the Council can develop a motion that reflects the consensus of the Council
and avoid needing to vote on lots of amendments.
What options does the Council have tonight? Mayor Gehrz said that before the process was
started a year ago, she thought an organized collection system would have a lot of benefits for
the City. She thought it would reduce costs for residents and improve the quality of life,
particularly for those neighborhoods with alleys. She still believes that to be true, but based
upon what she has learned from listening to residents during this process, she doesn't believe that
a City mandated organized collection system should be adopted at this time.
Instead, she supports maintaining the current open system with the improvements contained in
• the hauler's proposal and with the use of the information gathered in the course of this study
to assist residents who want to voluntarily reduce the number of haulers on their block.
• FALCON HEIGHTS CITY COUNCIL MINUTES _6_
January 26, 2005
Organized Refuse Collection (continued)
Mayor Gehrz said that even if organized collection results in a lower cost to residents, both for
weekly trash collection and for future assessments for replacement of streets and alleys, most of
the residents consider having flexibility of services and providers to be more important than cost.
People believe they have more control of specific services by negotiating on their own. From
her own experiences with organized collection in her neighborhood, she believes they are right.
Because of the hard work of the Solid Waste Commissioners and residents like Rolfe Leary, who
did additional research, the City can offer a wealth of information to residents who want to get
together with their neighbors to reduce the number of haulers on their block or alley. She
believes the City can get closer to the goals that the Solid Waste Commission has developed
and the Council approved by working with education, information and voluntary action.
Council member Lindstrom thanked everyone for coming and said the City owes a great deal
of gratitude to those on both sides of this issue, especially the Solid Waste Commissioners,
including Council member Lamb, who have spent countless hours over the last two years
• hammering over the details and crunching the numbers. He said he wanted to thank
Deb Jones, the staff point person on this issue, who has taken a lot of undeserved flack. She has
been the consummate professional, always doing her best to stay above the fray. He thanked
those who have organized against having a single hauler. The haulers have always been above
board and provided valuable information. Finally, he said he wanted to thank everyone who has
contacted him over the past year.
The City asked people to read the Solid Waste Commission's report -and they did it. They were
asked to register their opinion-and they did it! Democracy requires citizen involvement. He
said we should be proud of our residents.
After listening closely to the citizens, talking to the haulers and reading the Solid Waste
Commission's report, he has concluded that organized collection is not in the best interest of the
City. He said that, to be honest, his position has evolved on this issue.
At first, he thought that if residents could save a couple of bucks on their bills and possibly
reduce wear and tear on the roads and alleys, then that's a good thing. But, then he thought - Is
this the proper role of City government? The answer is no.
If you tune into Channel 16 on Wednesday nights, you will find the Council keeps pretty busy
around here. The City works with the St. Anthony Police Department and the Falcon Heights
Fire Department to ensure our safety. The City maintains and improves the City parks. The City
works with the private sector to improve areas that are blighted. The City Council recently
• created a budget and passed a levy. These are things the City should be doing!
7
. FALCON HEIGHTS CITY COUNCIL MINUTES _~_
January 26, 2005
Organized Refuse Collection (continued)
Council member Lindstrom said that putting the City smack dab between the customer and the
hauler is not in the best interest of the City, the hauler or the customer. Former Mayor Tom
Baldwin put it well back in March, at the first public hearing, when he said that when he changed
haulers it took a 30 second phone call to his current hauler and a 30 second phone call to his
future hauler. No phone calls to City staff. No investigation into why service was poor or costs
went up. Just a simple transaction between a business and a customer.
Overwhelmingly, the people who contacted him recognized that the ability to choose a hauler
should be in their hands and not governments. We ought to respect that.
He was surprised and disappointed a few weeks ago when he read about a recent study that
concluded that Minnesotans are cynical about government. Fully half said that government, in
general, has a negative impact on their lives. That is a shame. He believes that most people in
Falcon Heights have a positive feeling towards City Hall. But, he can't help but believe that if
the City goes with organized collection with 80% of the responding households against it, the
• number of cynics will grow.
A year ago the Council voted unanimously to set goals for solid waste. There are ways to meet
many of these goals while maintaining an individual's ability to choose their own hauler. He
said he would like to lay out an alternative proposal that does just that.
Over the past couple of weeks, he has sat down with the haulers and discussed these issues.
After a few compromises by himself and the haulers, they identified eight areas where they can
reduce wear and tear on the City's streets and alleys, improve service to customers, encourage
environmentally friendly activity, and educate customers on solid waste, household hazardous
waste and recycling issues. Every hauler has agreed to abide by each one of these items. This
proposal makes very modest improvement to the open system the City has today. These are not
radical changes. In fact, some of these items are already being done by the haulers. His proposal
would incorporate these items into a Memorandum of Understanding with the haulers, as
outlined below.
Wear and Tear
1. Haulers shall bring trucks in the City empty.
• An empty truck means a lighter truck which means less wear and tear.
2. Haulers shall train drivers to enter alleys with left turns.
• By turning left, the driver will have much better vision and be able to avoid curbs and
• other objects they can't see when turning right
8
FALCON HEIGHTS CITY COUNCIL MINUTES _g_
January 26, 2005
Organized Refuse Collection (continued)
Council member Lindstrom's proposed Memorandum of Understanding continues:
3. Haulers shall not drive on alleys where they do not have any customers.
• At the public hearing in March, we heard about alleys that have three haulers, and yet
five trucks are going down the alley.
• This would eliminate that problem.
• Again, less wear and tear and less noise from trucks that don't need to be there.
Customer Service
1. Haulers shall provide an option for trash to be picked up every other week, at a reduced
rate, for those customers who produce minimal amounts of trash.
• The Council set, as a goal, a desire for haulers to provide people who produce very
little trash an extra small bin.
When he talked to the haulers about this, they said their trucks are unable to pick up
• bins of this size. He has also heard from residents, who produce little trash, that they
are opposed to organized collection because they currently share a bin with a
neighbor. Under this proposal they could still share a bin if they want, but they would
have an additional option of having their hauler pick up every other week for a
reduced rate. This would also encourage people to reduce the amount of trash they
produce and would be in line with our current system of "pay as you throw". You
pay more fora 90 gallon bin than you do fora 30 gallon bin. This would be in line
with the idea that if you throw less, you pay less.
2. Residents shall have the option of temporary suspension of service.
• This is already being done by most, if not all of the haulers; however, he said he
included it because it is one of the Council's goals and he would like it to continue.
3. Haulers shall collect yard waste and have options providing for appliances and other
large objects.
• Again, most of the haulers already have options for this type of waste.
Education
1. Haulers shall provide information on how to purchase compost bins, at a reduced rate,
through the County.
• This can be used to promote things like the City-wide cleanup and telling people
where to bring hazardous waste. This is based upon the assumption that more people
read their bills than read the City's website or newsletter.
•
FALCON HEIGHTS CITY COUNCIL MINUTES _9_
January 26, 2005
Organized Refuse Collection (continued)
Council member Lindstrom reiterated that the haulers have agreed to abide by a Memorandum
of Understanding that includes each one of the items he outlined.
He said a good question is "How would this be enforced?" A Memorandum of Understanding is
not a contract. There would be no time or expense spent battling in a courtroom. The answer is
that the City Council has the power of the bully pulpit. If Walters, BFI or Waste Management is
making right turns into the alleys, running over curbs and running over a homeowner's tulips, the
City Council is going to hear about it! And, Walters, BFI or Waste Management is going to hear
about it when the City Council tells the residents and the public on cable TV that specific haulers
have broken their word to the residents of Falcon Heights. Any business, small or large, knows
that word of mouth is the most effective way to gain or lose customers. They don't want to put
that in jeopardy. The haulers also know that the City can, at any point in the future, raise the
issue of organized collection.
• He is against organized collection, and clearly the majority of residents are against organized
collection. But, ten years from now, and the level of service that the City now enjoys slips,
perhaps the tides will change. The haulers don't want to risk that. They want to win customers
one at a time and keep customers by providing great service to everyone. His proposal tonight is
to make modest but real change that will reduce wear and tear, improve customer service,
promote environmentally-friendly action and help educate residents on solid waste issues, while,
above all else, maintaining the individual's ability to choose the hauler who best meets their
needs.
Council member Talbot said that Council members have not talked to one another about this
issue, so what is new to the audience is new to him. He thanked Council member Lindstrom
for his well thought out presentation. He said this has been over half a year in the making and
there are a lot of people to be thanked. He appreciated that they are being mentioned. They have
all given generously of their time, talent and industry in this information gathering process.
From the very beginning the City Council sought nothing more than to gather information. It is
unfortunate that by State statute the language is so construed that it could be taken, easily, to
mean that your City Council has an intent to organize. That is the language of the statute and it
is there because people need to be protected when something like this happens. Council member
Lamb said it best in the very beginning when he said, "We know what we have but we don't
know what we don't have", so we proceeded to gather information. All along the process many
of you became saddened, angry or cynical and said "The fix was in", etc. That was never true.
We were only looking for information. He did some studying on this issue and spoke with
former and current elected officials from Falcon Heights and other cities to find out what he
needed to know if it was his place to act.
-o
FALCON HEIGHTS CITY COUNCIL MINUTES -10-
January 26, 2005
Organized Refuse Collection (continued)
Council member Talbot said he learned that in a representative democracy, the role of the elected
official is to act on behalf of the many despite the wishes of the individual, if and when a
problem or situation arises that is clear, compelling and over arching. Snow removal is a good
example of this. When a foot and a half of snow hits the streets of Falcon Heights, the City is
paralyzed. We're going nowhere. Emergency vehicles can't get to our houses and we can't get
to our places of business. The solution to the problem is to remove the snow now, not later.
There is no other consideration to be brought up. The problem is clear, the solution is
compelling, and because of the nature of the problem and its solution, clear and compelling, it
becomes over arching. That is not the time to be discussing whether or not we use propane
powered trucks to remove snow, or anything else, or the lowest price involved. The snow has
to go now. Your City Council has taken upon itself to remove, from you, the individual's choice
of contracting with a guy with a truck and a plow to remove the snow on your section of the
street. City government does this many times, but it's by group consensus that the City Council
does this. It is not at the will or whim of the Council. It is clear, compelling and over arching.
Immunizations are another example of that. If you choose to send your child to school, your
• child will be vaccinated. That could be a pretty deeply personal choice but it has been decided
that the clear, compelling nature of the problem of having 30 children that are unvaccinated
against crippling diseases is not acceptable should one kid walk in with polio.
When it comes to trash collection, to organize or not organize, the problem and the solution do
not rise to the level of meeting the litmus test for government involvement. His choices tonight
are going to be limited to a yes or a no. Depending upon the option proposed tonight, he will do
what he was elected to do and vote to not change the system we have because the problem does
not rise to the level of government involvement.
It is still the mission of the Solid Waste Commission to go forward and educate all of us about
making trash. The trash haulers aren't the bad guys here. We are the ones who are making the
trash and we can vote at the grocery store or the hardware store, wherever we can. He gave an
example of recently purchasing a pair of scissors in hard plastic shell wrap and needing scissors
to get the packaging open. When he purchased it he told the cashier that he didn't appreciate the
packaging and asked him to pass it along. He is voting at the cash register about the kinds of
products he buys and how much trash he is generating.
He said that one last thing he wanted to say was to ask the audience to not become cynical about
their local government. People have written him, saying they have lived in Falcon Heights all of
their lives and are sad to be writing him. Then they have told him to keep his nose out of their
business. He has had people write, email and call him, and he has corresponded with every one
of them.
•
• FALCON HEIGHTS CITY COUNCIL MINUTES -11-
January 26, 2005
Organized Refuse Collection (continued)
Council member Talbot said that people have told him, "I am angry that you would have the
temerity to stick your nose into my private business. Give me my freedom of choice." He said it
has been his experience that when people are angry, something happened just before they got
angry. They got hurt. It has become so common and prevalent today to think that City
government believes it has the right to act on your behalf despite your wishes. It is a common
perception. It is not the truth. Your representative government is a good government. He is
proud to associate himself with these people and glad to have the residents as his neighbors and
friends. Don't become cynical. Stay involved. We have a good government. It is something
worth cherishing and participating in. But, as he said earlier, he will have to vote tonight to not
change the system because it does not rise to the level of government involvement.
Council member Kuettel said she wanted to begin by thanking everyone involved in this
process: The Solid Waste Commissioners, the residents, the City Council and the staff.
Everyone has spent time, effort and energy toward this issue. The fact that so many people are
committed to being a part of this process shows her that community spirit is alive and well in
Falcon Heights.
• Regardless of how the vote comes out this evening, she hopes that this issue, which both sides
have been passionate about, does not leave the residents feeling as though they have been pitted
against one another. She believes that everyone has a strong sense of community and will
continue to support it despite differences.
She said she was on the Solid Waste Commission for six years, during the period of time when
organized collection was looked at the first time. The present Commission has done quite a bit
more research. Again, she thanked them for their time and effort.
She believes that organized collection has a place in society. She believes that many points in
the study are important and need to be considered. With the City's limited budget, it is the City's
role to provide basic services. Is it the City's role to provide the most inexpensive hauler for
residents? She does not believe so. She truly believes everyone wants value for their dollar.
Those in favor of organized collection believe collective bargaining is the best route.
This issue is not only about money. Those opposed to organized collection understand that their
tax dollars are used for the repair and maintenance of the streets, and appear willing to choose an
open system over an organized system. Many residents cite additional reasons for wanting an
open system. The majority of those responding to this issue were in favor of an open system.
The preprinted forms from haulers aside, still shows large numbers of residents feeling that they,
and only they, know how to find the best deal for the services they require. Implementing an
• organized system would stretch City resources by adding another layer of bureaucracy with
organized collection.
l~
• FALCON HEIGHTS CITY COUNCIL MINUTES -12-
January 26, 2005
Organized Refuse Collection (continued)
Council member Kuettel said this, of course, does not discount all of the information collection
by the Solid Waste Commissioners. If organized collection does not pass this evening, a
suggested role for the Solid Waste Commission might be to help neighbors who wish to
organize; to continue providing information to our residents in regard to best purchasing
practices by informing us of the proper disposal of our refuse; and by continuing to explore
alternative methods of protecting our world. She thanked everyone for their participation and
said this has been an interesting period of time. She will not, however, be voting for organized
collection this evening.
Council member Lamb said to the audience that they can count votes and so can he. He thanked
the Solid Waste Commission and said they did a heck of a job in providing a lot of valuable
information that will help, regardless of which steps are taken going forward. One thing that he
has learned in this process is that if you want to encourage citizen involvement in this
community, all you have to do is put hauler in front of it. So, his first proposal is that the name
of the City's annual Dead of Winter event be changed to the "Haulers' Ball".
• He said that, for the record, he supports organized collection, but he is a realist and recognizes
that its time is not here, and we have already heard a declaration that we are not going to vote for
organized collection tonight. Lacking that, he wants to support the next best option, which is
basically what Council member Lindstrom read, and what he read is a series of discussions that
have been going on between the Solid Waste Commission and the haulers; the staff and the
haulers; and various City Council members and the haulers. It does advance and start to correct
some of the problems we have with broken curbs, with trucks in the alleys. It will help to bring
empty trucks into the community. We certainly need some education here. The caveat that he
would put on this proposal, which is essentially proposal #2 that was part of the overhead
presentation seen earlier in the evening, was to leave this open for the time being and negotiate a
letter of agreement with all of the haulers. The distinction he is making here is that the Hauler's
Association does not represent all six haulers who serve the city. It represents three of them.
He would recommend that the City Council take the basic outline and add to it the use of the
NRG, which he thinks most of the haulers are using, instruct staff to negotiate a letter of
agreement with all of the haulers and, assuming that the letter of agreement meets everyone's
individual criteria, that is the best we can work on right now. Even though this, in his mind, is a
compromise, at the same time he has to say this is very solid progress. The Solid Waste
Commission identified twenty-two goals, some of which we were already meeting, all of them
legitimate. What this represents, where we are now, as opposed to where we were a year ago, is
that we are making some solid progress in addressing some of the issues that the City needs to
address -that all cities need to address. The City is not at the point where organized collection is
going to fly. He supports the next best thing, and the hauler agreement, as long as they all agree
• to it, is the next best thing.
~3
FALCON HEIGHTS CITY COUNCIL MINUTES -13-
January 26, 2005
Organized Refuse Collection (continued)
Mayor Gehrz said we have a pretty good sense of the direction the Council would like to go with
this, at least the majority of the Council. She said there are a couple of questions that have come
up. One is the question that Council member Lamb raises about all of the haulers agreeing to
this. She asked Council member Lindstrom to talk about this.
Council member Lindstrom said that he knows that Mr. Doug Carnival has spoken to all of the
haulers and all of them have agreed to this.
Council member Lamb said that when a meeting was held with Mr. Carnival the previous week,
two haulers were also in attendance. The topic did come up that the Hauler's Association does
not represent three of the haulers. The issue is: How tied in are the others who were not at the
meeting? He saw the two at the meeting nod their heads at this and he took that at face value.
Where are the other four at with this?
Mr. Douglas Carnival, McGrann Shea Anderson Carnival Straughn & Lamb, introduced himself
and said he is legal counsel to the National Solid Wastes Management Association, of which
• three of the haulers who operate in Falcon Heights are members. Subsequent to the meeting that
was held with Mayor Gehrz, Council member Lamb and staff, and his association, one of the
members had an opportunity to speak with the other haulers who serve this community, and it is
his understanding that each of the haulers is willing and prepared to sign a binding Memorandum
of Understanding including the eight provisions.
Mayor Gehrz said that Council member Lamb is suggesting adding another provision, which is
use of the resource recovery facility, the NRG.
Council member Lamb said that as he understands it, each of the six haulers currently, to some
level, uses the NRG. He asked if that was correct and Mr. Carnival said yes.
Mr. Carnival said that each of the haulers in his association has an agreement, a contract with
NRG, actually with Ramsey and Washington Counties, to provide a certain amount of waste to
those facilities. In some cases, it is all of their waste. In other, it is a certain amount stipulated
by contract. They are certainly prepared to abide by those contracts for the entire length of the
contracts, which is the time for the bonds to be paid off by the facility. So, whatever contracts
are in place they are certainly prepared to live by them.
Council member Lamb asked if the contracts are through 2007 and Mr. Carnival said yes.
Council member Lamb said he would like to see this in the agreement, even though obviously
it is the contract that binds, only as an assertion that we are concerned about the environmental
• aspects. He thinks the City Council needs to go on record, after all of this work, to say that these
are the principles we are trying to uphold.
ly
r~
FALCON HEIGHTS CITY COUNCIL MINUTES -14-
January 26, 2005
Organized Refuse Collection (continued)
Council member Lamb said we are trying to uphold them, even though we are yielding on the
principle of organized collection, or the practice of organized collection.
Mr. Carnival said that from the beginning, the haulers have been eager to try and resolve this
matter in this way, in an effort to provide the citizens with the choice that they have requested of
their haulers, and yet meet as many of the goals as possible, from the City's perspective. As he
looked at his clients, he didn't see any problem with including language in the Memorandum of
Understanding that provides that they will meet whatever contractual obligations the current
haulers in his association have, and he expects that the other haulers have similar agreements for
the continuation of those agreements for the benefit of the community.
Mayor Gehrz said she knows the City cannot make a specific destination of the trash part of the
licensing of haulers. She asked City Attorney Knutson if there is any legal problem with
including that in a Memorandum of Understanding with the haulers. City Attorney Knutson said
• he doesn't see any problem with including this in the Memorandum of Understanding.
Council member Lamb said that three of the haulers who operate in Falcon Heights take all
of their refuse to the Newport Resource Recovery Facility and three take a negotiated percentage
or tonnage, with the contracts enforced through 2007.
Public comment
Mr. Ray Garcia, 1906 Prior, said he thinks it's a mistake to require the haulers to take their trash
to Newport. The reason that most of these haulers went to Wisconsin was because the dumping
fee at the Newport facility was over $60.00/ton. Now the dumping fee at Newport has come
down to less than $30.00/ton. If the City requires the haulers to take all of their trash to
Newport, the City is trading away the only bargaining chip it has. This doesn't make any sense.
Mr. John Ring, 1364 Idaho, said that requiring the haulers to bring their trucks to the City empty
is wasting fuel. When the alleys were done, didn't you all say the trucks weren't going to harm
the alleys at all? That is an implied damage business here. He agrees with the previous speaker.
A captive market is a bum deal for the citizens almost always.
Mr. Will Rogers, 1947 Autumn, said it is his understanding that the Newport facility bonds will
be paid off in 2007. The money paid in would then be profits. They don't want contracts
beyond that. The City's report says that seventy-eight percent of the waste goes there right now,
• so the only thing you are accomplishing is to tie them up. Let the market speak for itself.
IS
FALCON HEIGHTS CITY
COUNCIL MINUTES -15-
January 26, 2005
Organized Refuse Collection (continued)
Mr. Carnival said that Council member Lamb's proposal is to simply put in the Memorandum of
Understanding what we have already agreed to do with Ramsey and Washington Counties,
which is to provide a specific amount of waste that is currently contracted for to the facility until
2007, when the bonds are paid off and the contracts will expire, giving a whole different world
as to what will happen after that. That is what the counties wanted. That is what the haulers
agreed to. This would be no additional restriction on the haulers, except to live by the contracts
that they agreed to with Ramsey and Washington Counties.
Council member Lamb said the haulers are going to live by their contracts. Mr. Carnival said
it's an affirmation in the Memorandum of Understanding that the haulers will provide as much
waste to the Newport facility as they have agreed to provide.
Mrs. Loretta Ring, 1364 Idaho, said that ten years ago she tried to get everyone on her block to
use the same hauler. Three people on the block would not change over. She suggested dividing
• the City into sections and giving the haulers the same percentage of customers that they have
now. Residents would have a choice, in a way.
Mayor Gehrz said that is not a bad idea but, the problem is, as she understands the anti-trust
laws, the haulers can't get together and organize this. The only way the City can organize this is
through organized collection, but people are saying they want to keep the open system. It falls
back on the voluntary shoulders of residents like you to keep working on it, but this time you
have more information to work with. One of the residents, Rolfe Leary, has done some excellent
additional research on the difference that it makes to reduce by even one truck. Rolfe has made
that research available as a part of the public record. If you want to know who else on your
block is interested in helping to organize the block, all of those households are identified.
Mr. Dale Gengler, 1611 Hollywood Court, thanked the City Council and the community and said
he doesn't believe this is a place for the government to reach that far. He thought Council
member Lindstrom's presentation was excellent. This is better handled in more of a gentle way.
On Hollywood Court the neighborhood was organized to use one hauler. It is totally voluntary.
He prefers to see this done on an entirely voluntary basis. With regard to discussion about where
the waste goes, it is better to leave this to the open market.
Mr. Dale Olson, 1780 North Snelling, said that last year they had a $300,000 fire at their home
and he wanted to thank Administrator Worthington for her help the night of the fire. People are
disillusioned about government. He has had the same trash hauler for over 40 years and pays a
nominal fee every month. He remembers Snelling Avenue when it was a boulevard. Now he
• can shake hands with the truck drivers as they go by.
/[
• FALCON HEIGHTS CITY COUNCIL MINUTES -16-
January 26, 2005
Organized Refuse Collection (continued)
Council vote on proposals and identification of next steps
Mayor Gehrz said that at this point, she thinks the Council is ready to develop a motion and she
wanted to read something she had written:
Mayor Gehrz moved to improve the current open collection system by using the information
gathered in the course of the Solid Waste Commission's study and citizen input period to assist
residents who want to reduce the number of haulers on their street or alley and by requiring
licensed haulers to sign a Memorandum of Understanding that they will:
1. Bring trucks into the City empty.
2. Train drivers to enter alleys with left turns.
3. Not drive on alleys where they do not have any customers.
4. Provide an option for trash to be picked up every other week, at a reduced rate, for those
customers who produce minimal amounts of trash.
5. Collect yard waste.
• 6. Have options providing for appliances and other large objects.
7. Provide information on how to purchase compost bins, at a reduced rate, through the
County.
8. Provide information, provided by the City, in bills to customers regarding household
hazardous waste and recycling.
9. Use of the NRG
Council member Lamb suggested that #2 be reworded to say: Train drivers to enter and leave
alleys with left turns. Administrator Worthington suggested that with regard to #2, the word
feasible could be added. Mr. Chuck Wegner, BFI, suggested that the word practical also be
added to #2. Mr. George Walters, Walters Recycling, said that when drivers come out of the
alleys they make right hand turns and go with the flow of traffic for route productivity, efficiency
and safety. Taking left hand turns from streets into alleys is feasible.
Mr. Carnival said that with regard to #9, he would recommend it be worded to say the haulers
will use the Resource Recovery Facility to the extent they have current contractual obligations
with Ramsey and Washington Counties.
In response to a question, City Attorney Knutson said this would be a voluntary Memorandum
of Understanding between the City and the haulers. You can require them to sign it as long as
they voluntarily sign it.
Council member Lamb recommended the Memorandum of Understanding be signed by
• March 15.
i7
• FALCON HEIGHTS CITY COUNCIL MINUTES _17_
January 26, 2005
Organized Refuse Collection (continued)
Council member Talbot said that a Memorandum of Understanding is not a legally binding
contract. All the City Council can do is publicize if a particular hauler chooses to go against the
conditions and terms of the Memorandum of Understanding and let the consumer decide.
Mr. Carnival said the Memorandum of Understanding is a pledge of good faith.
Lindstrom moved that staff negotiate a Memorandum of Understanding with the licensed solid
waste haulers, to improve the City's current open collection system, by using the information
gathered in the course of the Solid Waste Commission study and citizen input period to assist
residents who want to reduce the number of haulers on their street or alley. The City shall
require the licensed haulers to sign a Memorandum of Understanding, by March 15, 2005,
with the conditions outlined below. The motion was unanimously approved.
Wear and Tear
1. Haulers shall bring trucks into the City empty.
• 2. Haulers shall train drivers to enter and exit alleys with left turns where practical and
feasible.
3. Haulers shall not drive on alleys where they do not have any customers.
Customer Service
1. Haulers shall provide an option for trash to be picked up every other week at a reduced
rate for those customers who produce minimal amounts of trash.
2. Residents shall have the option of temporary suspension of service.
3. Haulers shall collect yard waste and have options providing for appliances and other
large objects.
Education
1. Haulers shall provide information on how to purchase compost bins at a reduced rate
through the County.
2. Haulers shall provide information, provided by the City, in bills to customers regarding
household hazardous waste and recycling.
3. Haulers will use the Resource Recovery Facility to the extent that they have current
contractual agreements with Ramsey County and/or Washington County for disposal of
solid waste.
REPORTS FROM COUNCIL MEMBERS:
• Council member Lindstrom told the audience he looked forward to seeing everyone at the
"Haulers' Ball" in February.
18'
FALCON HEIGHTS CITY COUNCIL MINUTES _ig_
January 26, 2005
REPORTS FROM COUNCIL MEMBERS (continued)
Council member Talbot encouraged everyone to come to the City's Dead of Winter event on
Sunday afternoon, February 6, from 1-4 PM, at Community Park.
Council member Kuettel also encouraged everyone to attend the Dead of Winter event.
She said that at the last Council meeting she mentioned the students at Falcon Heights
Elementary School were collecting money for the Tsunami victims. In one week the students
collected $1,380.00, which will be matched by a corporation.
INFORMATION AND ANNOUNCEMENTS:
Mayor Gehrz said the City will be accepting nominations for the Neal Kwong Youth Citizenship
award until February 25. This year, the nominations will be divided into two age groups: 12 to
15, and 16 to 19. The award recipients will be recognized at a City Council meeting and their
names will be engraved on a permanent plaque in the. City Hall lobby. If residents are aware of a
youth they would like recognized, contact City Hall to obtain a nomination form. A resident of
Falcon Heights, Michael Barany, 17, is a finalist in a youth science competition considered to be
a junior version of the Nobel Prize. He has placed among the top 40, out of 1,600, in the Intel
• Science Talent Search for his research on nitrogen. He will go on to further competition in
Washington in March. As asemi-finalist he will be given $1,000 for his academic achievements
and the Roseville Area High School will receive the same amount to enhance their math and
science programs. As a finalist he will receive at least $5,000 in scholarship money as well as
the opportunity to compete for afirst-place, $100,000 scholarship in the 64 year old pre-college
science contest. The top 10 finalists will receive scholarships of $25,000 or more. Michael is
also a member of the City's Solid Waste Commission. There have been unresolved issues about
the proposed location of recreational sports' fields on University of Minnesota property in
Falcon Heights. The University has indicated they won't be discussing them for at least five
more years. The University is moving ahead with the new Bell Museum, which will be located
on the southwest corner of Cleveland and Larpenteur. The U needs to raise about $30 million for
its construction. She said that several years ago Mayor Kelly, thinking that the campus was in
St. Paul, gave his inaugural address at the University of Minnesota/Falcon Heights. Over the
weekend she received a call from Administrator Worthington about Saint Paul having ticketed a
number of Falcon Heights residents' vehicles and towed them away, in the erroneous belief they
were in Saint Paul and violating that City's snow emergency parking regulations. Administrator
Worthington got the tickets waived and the vehicles returned at no cost to the residents.
The regular City Council meeting was adjourned at 8:35 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
14
•
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
1. General Disbursements through February 4, 2005:
2. Payroll (O1/15/05-01/30/05)
ATTACHMENTS:
• General Disburse nts on pages ~
• Payroll on page
ACTION REQUESTED:
• Approval
CONSENT Gl
2/09/05
$ 60,950.13
$ 13,984.07
ao
DATE 02/04/05 TIME 11:16 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 02-04-OS
~~CK$ VENDOR NAME DESCRIPTION DEPT. AMOUNT
CITY OF LITTLE CANADA 4TH QTR BLDG INSPECTOR -------- 1,710.21
MED-COMPASS FIT TESTS FOR SCBA MASKS -------- 1,060.00
MED-COMPASS QUANT FIT TESTS-FIRE -------- 513.00
60396 NORTHERN ESCROW INC 5TH PAY EST-RETAINAGE -------- 2,719.00
60396 NORTHERN ESCROW INC 5TH PAY EST-RETAINAGE -------- 6,051.29
60396 NORTHERN ESCROW INC 5TH PAY EST-RETAINAGE -------- 1,293.76
*** TOTAL FOR DEPT 00 13,367.26
60394 ICMA RETIREMENT TRUST 457 302632 GEHRZ - JAN LEGISLAT 410.00
60394 ICMA RETIREMENT TRUST 457 302632 TALBOT- JAN LEGISLAT 270.00
LEAGUE OF MINNESOTA HUMAN 2005 MEMBERSHIP LEGISLAT 55.00
LEAGUE OF hIlV CITIES CITIES BULLETIN-COUNCIL LEGISLAT 134.00
LILLIE SUBURBAN NEWSPAPER 1/25 ORDINANCE OS-O1 LEGISLAT 66.96
*** TOTAL FOR DEPT 11 935.96
AMERICAN OFFICE PRODUCTS FOLDERS AND FILE JACKETS ADMINIST 27.23
AMERICAN OFFICE PRODUCTS NOTARY STAMPS ADMINIST 35.00
60394 ICMA RETIREMENT TRUST 457 302632 TRETSVEN - JAN ADMINIST 100.00
60394 ICMA RETIREMENT TRUST 457 302632 WORTHINGTON-JAN ADMINIST 250.00
METROPOLITAN AREA MANAGE- 2005 MEMBERSHIP ADMINIST 50.00
METROPOLITAN AREA MANAGE- MAMA LUNCHEON ADMINIST 18.00
60395 PERA JAN 16-30 PERA ADMINIST 1,557.32
60397 ST PAUL RAMSEY CTY PUBLIC RAMS CTY NOTARY RENEWAL ADMINIST 100.00
0398 ST PAUL RAMSEY CTY PUBLIC NOTARY RENEWAL- HWORTH ADMINIST 100.00
ROSEVILLE ROTARY CLUB DUES JAN-MARCH 2005 ADMINIST 97.00
ROSEVILLE ROTARY CLUB MEALS JAN-MARCH 2005 ADMINIST 130.00
*** TOTAL FOR DEPT 12 2,464.55
60393 GFOA HOUSING BUREAU GFOA CONF HOTEL DEPOSIT FINANCE 200.00
GFOA OS SAN ANTONIO CONF FEE FINANCE 310.00
*** TOTAL FOR DEPT 13 510.00
60399 BRUEGGERS BAGLES BAGELS FOR DEAD OF WINT COMMUNIC 34.56
HERMAN CONTRACTING DEAD OF WINT SLEIGH RIDE COMMUNIC 500.00
CINDERS GARDEN CENTER DEAD OF WINTER HAY BALES COMMUNIC 47.85
SUBURBAN ACE HARDWARE FIREWOOD-DEAD OF WINTER COMMUNIC 29.73
FASTSIGNS DEAD OF WINT SIGN CHANGE COMMUNIC 26.63
NEXTEL COMMUNICATIONS,INC CELL PHONE COMMUNIC 15.92
*** TOTAL FOR DEPT 16 654.69
h'IIV NCPERS LIFE INSURANCE FEB OS JONES INS PLANNING 16.00
*** TOTAL FOR DEPT 17 16.00
NSP ELEC EMERGENC 6.28
*** TOTAL FOR DEPT 21 6.28
HUGHES & COSTELLO FEB O5 PROSECUTIONS PROSECUT 2,604.00
*** TOTAL FOR DEPT 23 2,604.00
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 60.22
EMERGENCY APPARATUS MAINT LIGHT INSTALLATION-757 FIRE FIG 730.83
RED CROSS CPR TRAINING - GRIFFITH FIRE FIG 84.00
SUBURBAN ACE HARDWARE FLOOR CLEANER-FIRE HALL FIRE FIG 17.02
a~
DATE 02/04/05 TIME 11:16 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 02-04-OS
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
*** TOTAL FOR DEPT 24
•
892.07
BROWNING-FERRIS IND. FEB WASTE CHARGES CITY HAL 298 .90
HOAG, GREG MILEAGE AND PARK REIMB CITY HAL 36 .23
BOARD OF WATER COMMISSNRS H2O CITY HAL 16 .22
BOARD OF WATER COhA1ISSNRS S.S. CITY HAL 11 .69
CINTAS CORPORATION #470 RUG SVC 1-17-OS CITY HAL 53 .64
CINTAS CORPORATION #470 RUG SVC 1-24-OS CITY HAL 46 .93
CINTAS CORPORATION #470 RUG SVC 1-31-OS CITY HAL 53 .64
GRAINGER, W. W., INC. LAMP REPAIR PARTS CITY HAL 8 .68
SUBURBAN ACE HARDWARE DISPLAY CASE MAINT CITY HAL 30 .90
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 38 .44
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 38 .04
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 83 .03
*** TOTAL FOR DEPT 31 716 .34
BUMPER TO BUMPER TRACTOR REPAIR PARTS STREETS 15 .17
GOPHER SIGN COMPANY "NO RIGHT TURN" SIGN STREETS 121 .41
GRAINGER, W. W., INC. LARP AVE STREET LIGHTS STREETS 311 .24
NSP ELEC STREETS 180 .54
NSP ELEC STREETS 7 .43
NSP ELEC STREETS 10 .59
NSP ELEC STREETS 72 .08
NSP ELEC STREETS 7 .43
NSP ELEC STREETS 18 .37
SUBURBAN ACE HARDWARE TRACTOR & BLOWER PARTS STREETS 10 .79
TRI-STATE BOBCAT INC SNOW BLOWER CUTTING EDGE STREETS 98 .47
*** TOTAL FOR DEPT 32 853 .52
ACTION IMPRINTS PUBLIC WORKS SWEATSHIRTS PARK & R 86. 88
BOARD OF WATER COMMISSNRS H2O PARK & R 96. 53
BOARD OF WATER COMMISSNRS S.S. PARK & R 23. 38
NSP ELEC PARK & R 22. 75
SUBURBAN ACE HARDWARE VACCUUM REPAIR PARTS PARK & R 7. 43
QWEST PHONE CHARGES-PARKS PARK & R 110. 76
TRETSVEN, DAVE FEB 2ND MILEAGE PARK & R 14. 58
*** TOTAL FOR DEPT 41 362. 31
AMERICAN OFFICE PRODUCTS LUGGAGE TAGS CCC/CERT 6. 67
*** TOTAL FOR DEPT 54 6. 67
BROWNING-FERRIS IND. SOLID WASTE MGMT TAX SOLID WA 50. 65
BROWNING-FERRIS IND. RAMSEY CTY CEC SOLID WA 157. 91
E-Z RECYCLING, INC. FEB OS RECYCLING SOLID WA 2,559. 40
*** TOTAL FOR DEPT 56 2,767. 96
METROPOLITAN COUNCIL FEB OS S.S. SANITARY 3 2,680. 49
PIPE SERVICES CORP. LARP AVE SEWER CLEANING SANITARY 2,100. 00
SUBURBAN ACE HARDWARE FASTENERS FOR LIFT STA. SANITARY 12. 03
*** TOTAL FOR DEPT 75 34,792. 52
*** TOTAL FOR BANK O1
60,950.13
~a
DATE 02/04/05 TIME 11:16 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 3
APPROVAL OF BILLS
PERIOD ENDING: 02-04-OS
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
*** GRAND TOTAL *** 60,950.13
a3
PERIOD END DATE 01/31/05 **FILE NOT UPDATED**
SYSTEM DATE 01/28/05
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
1 28 OS 6 SUSAN GEHRZ 50281 5 .57
1 28 OS 12 LAURA A. KUETTEL 50282 277 .05
1 28 OS 13 PETER C. LINDSTROM 50283 277 .05
1 28 OS 14 RICHARD P TALBOT JR 50284 7 .05
1 28 OS 15 ROBERT E LAMB 50285 277 .05
1 26 OS 34 CLEMENT KURHAJETZ 50266 288 .54
1 28 05 42 MICHAEL D CLARKIN 50287 108 .52
1 28 O5 66 ALFRED HERNANDEZ 50288 55 .41
1 28 O5 74 MARK J ALLEN 50289 138 .52
1 28 O5 85 DANIEL S JOHNSON-POWERS 50290 54 .64
1 28 O5 91 RICHARD H HINRICHS 50291 38 .64
1 28 OS 1003 HEATHER WORTHINGTON 50294 1477 .34
1 28 OS 1007 PATRICIA PHILLIPS 50295 489 .85
1 28 OS 1015 GREGORY R. HOAG 50296 1626 .58
1 28 OS 1030 MARY A. KODLUBOY 50297 1402 .45
1 28 OS 1033 DAVE TRETSVEN 50298 1218 .52
1 26 OS 1038 DEBORAH K JONES 50299 1224 .88
1 28 OS 1136 ROLAND O OLSON 50300 1535 .62
1 28 OS 1137 MARK C. HANSMEIER 50301 274. 60
1 28 OS 1138 ANN E. DAVY 50302 1034. 42
1 28 OS 1143 COLIN B CALLAHAN 50303 481. 17
1 28 OS 1169 JAY PAUL KURTIS 50304 70. 65
1 28 OS 1178 PETER M FISCHER 50305 77. 96
1 28 OS 1188 NICOLE S GRAHAM 50306 147. 87
1 28 O5 2006 DAMON J. WICKHEM 50307 343. 13
1 28 OS 2035 ROSS A. HERNANDEZ 50308 12. 00
1 28 OS 2046 ANDREA L . ROTHMAN 50309 24. 01
1 28 OS 2051 EVAN PHENEGER 50310 200. 37
1 28 OS 2058 PAULA L. BRYANT 50311 77. 57
1 28 05 2067 ALEXANDER A. CISNEROS 50312 198. 31
1 28 OS 2068 WILLIAM PIDANY 50313 71. 11
1 28 OS 2069 KEVIN J. SCHILLER 50314 273. 78
1 26 OS 2070 ANDREW W . FRASER 50315 193. 84
COMPUTER CHECKS 13984.07
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 13984.07
~y
• CONSENT G2
2/09/05
ITEM: Acceptance of Certificate of Completion and Certificate Regarding
Defaults for the Town Square Senior Apartments
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Sherman Associates has submitted the Certificate of Completion and Certificate
Regarding Defaults for the Town Square Senior Apartments and are asking for City Council
acceptance and signoff.
ATTACHMENTS:
• Cover Letter and Certificate of Completion on pages
• Cover Letter and Certificate Regarding Defaults on pages w
ACTION REQUESTED:
• Acceptance of the Certificate of Completion and Certificate Regarding Default
for the Town Square Senior Apartments and authorization for Mayor and City
Administrator to sign them on the City's behalf
•
~S
~~ ~ ~ 2005
January 18, 2005
Heather Worthington
City Administrator
City of Falcon Heights
2077 West Larpenteur
Falcon Heights, MN 55113
Re: Town Squaze Senior Apartments
Dear Ms. Worthington:
I have enclosed three copies of the Certificate of Completion in the form set forth in the
• Development Agreement between the City of Falcon Heights and Town Square Senior
Apartments LLC. Please have the Certificates signed and notarized and return two
executed Certificates to my attention. I will take caze of having the Certificate recorded.
If you have any questions, please call me at 612-604-0854. Thank you for your
assistance.
~ ~ Sincerely,
t
' !f. ~~_ ;
r
Paula K. Beck
Associate General Counsel
~~ c Susan S. Fauver
• 233 Park Avenue South
#201
Minneapolis, Minnesota
55415
Phone 612.33.3000
Fax 612.332.8115'
ac
•
CERTIFICATE OF COMPLETION
CJ
WHEREAS, the City of Falcon Heights, a Minnesota municipal corporation (hereinafter
referred to as the "City"), and Town Square Senior Apartments LLC, a Minnesota limited
liability company (hereinafter referred to as the "Developer") by a Development Agreement
dated July 18, 2003 (the "Agreement"), has assisted 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 "Development Property"):
Lot 1, Block 1, Falcon Heights Town Square, according to the recorded plat in Ramsey
County, Minnesota;
and '
WHEREAS, the Agreement contained certain covenants and conditions and the
Developer has fully and duly performed all of said covenants and conditions insofar as the
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 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 Developer therein and that the provisions of the Agreement in
favor of the City therein are hereby released absolutely and forever insofar as it applies to the
construction of the Minimum Improvements on the 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 Development Property as
provided in the Agreement.
S'1
IN WITNESS WHEREOF the Cit has caused thi e '
y s C rhficate to be duly executed m its
name and behalf on or as of the day of , 200
CITY OF FALCON HEIGHTS
By
Sue Gehrz, Mayor
BY
Heather Worthington,
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of ,
200_, 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
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
RNK: srn
•
38
~~A ~ ~0~~
January 21, 2005
__
_.
Heather Worthington
City Administrator
City of Falcon Heights
2077 West Larpenteur
Falcon Heights, MN 55113
Re: Town Square Senior Apartments
Dear Ms. Worthington:
I learned today that there is a second certification that the City needs to sign in
• connection with the HUD final endorsement on Town Square Senior Apartments. I have
enclosed four copies of the Certificate Regarding Defaults in the form provided by HUD.
Please sign and date the Certificates and return three executed Certificates to my
attention.
If you have any questions, please call me at 612-604-0854. Once again, thank you for
your assistance.
Sincerely,
Paula K. Beck
Associate General Counsel
c: Susan S. Fauver
~33 Park Avenue South
#201
Minneapolis, Minnesota
55415
Phone 612.332.3000
Fax 612.332.8119
~9
•
CERTIFICATE REGARDING DEFAULTS
1. Recitals.
1.1. Recital One. Town Square Senior Apartments LLC (the "Developer") is the
owner of the real property legally described as follows:
Lot 1, Block 1, Falcon Heights Town Square, according to the recorded plat in
Ramsey County, Minnesota.
•
1.2. Recital Two. The City of Falcon Heights (the "City") and the Developer are
parties to a Development Agreement dated July 18, 2003 (the "Development Agreement").
NOW, THEREFORE, the Developer and the City hereby certify that as of the date of
execution of this Certificate, no event of default exists under the Development Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Certificate to be duly
executed on their behalf as of the day and year set forth below.
Dated: January , 2005
CITY OF FALCON HEIGHTS
By:
Sue Gehrz, Mayor
Dated: January ~.. ~ , 2005
By:
Heather Worthington
City Administrator/Clerk
TOWN SQUARE SENIOR APARTMENTS
LLC
By: Sherman Associates, Inc.
Its: General Partner
George E. Sherman, President
~J
30
•
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CONSENT G3
2/09/05
ITEM: Appointment of Prosecuting Attorney for 2005
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Staff recommends the appointment of Campbell Knutson as the Prosecuting
Attorney for 2005..
ACTION REQUESTED:
• Appointment of Campbell Knutson as the City Prosecuting City Attorney for 2005
~i
•
CONSENT G4
2/9/05
ADDENDUM
ITEM:
SUBMITTED BY:
REVIEWED BY:
EXPLANATION:
Compensation increases for Finance Director and City
Administrator
Mayor Gehrz
Councilmembers Kuettel, Lamb, Talbot and Lindstrom
Summary: In September 2003, the City Council requested a comprehensive salary
review of city employees. This was subsequently discussed in a council workshop, and
two recommendations were made by the Council for additional compensation over a
three-year period, commencing in 2004. For 2004 and 2005, this additional
compensation was programmed into the budget, with increases as follows:
Finance Director: $3,756 increase to $56,537
City Administrator: $4,770 increase to $65,228
This recommendation is retroactive to January 1, 2005. This is part of a comprehensive
study of employee salaries compared to the market of Group 7 cities utilizing the Stanton
Salary Survey.
ACTION REQUESTED:
• Approval of compensation increases for Finance Director and City Administrator
•
• POLICY H2
2/09/05
ITEM: 2005 Council liaison assignments
SUBMITTED BY: Mayor Gehrz
EXPLANATION:
Summary: Council members are each assigned to serve as a liaison between the City Council
and the various Commissions each year. Assignments for 2005 are as follows:
Planning Commission -Peter Lindstrom
Parks & Recreation Commission -Laura Kuettel
Solid Waste Commission -Robert Lamb
Neighborhood Commission -Sue Gehrz
Human Rights Commission -Laura Kuettel
• Cable Commission -Rick Talbot
Cable Commission Alternate -Robert Lamb
Northwest Youth & Family Services Joint Powers Board -Peter Lindstrom
Ramsey County League of Local Governments -
Campus/Community Task Force -Sue Gehrz and Heather Worthington
ACTION REQUESTED:
• Discussion
• Motion to approve 2005 Council liaison assignments
i•