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HomeMy WebLinkAboutCCAgen_08Apr23CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 23, 2008 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ KREUSER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: April 9, 2008 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 4/17/08: $73,706.22 Payroll through 4/15/08: $15,840.21 TAB 2 2. 2008 Licenses TAB 3 3. Community Park Fire Sprinkler Repairs TAB 4 G. POLICY AGENDA: 1. Resolution Approving Coventry Apartments Project Conduit Bonding TAB 5 2. Approval of Transit for Livable Communities Grant Application TAB 6 3. Energy Efficient Appliance Rebate Program TAB 7 4. City Hall Summer Hours TAB 8 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to h? elp. Regular Meeting of the Falcon Heights City Council April 9, 2008 Members present: Mayor Lindstrom, Council members Harris, Kuettel, Long, and Mercer-Taylor, Administrator Miller, and Assistant City Administrator/Deputy Clerk Kreuser. Mayor Lindstrom called the meeting to order at 7:00 p.m. Presentation: Mayor Lindstrom began by announcing the Neal Kwong Award would be presented to Nick Allen. Lindstrom highlighted five committees, 80 hours of racism training Allen has worked on. Mary Jo McGuire, who nominated Allen, said a few words. She thanked the council and mayor for the opportunity to nominate Allen. She said he has turned into a wonderful young man. She has known his parents for over 20 years, and thanked them for raising a very civicallyminded young man. Among Allen’s accomplishments, he has earned Eagle Scout and sits on five committees at school, and McGuire said she was honored to know him and gave her congratulations. Gary Kwong stated his son Neal, for whom the award is named, was an Eagle Scout as well, and said he appreciated what Allen was doing for antiracism. He said Neal would also be proud to have Allen receive an award with his name. The award was presented to Nick Allen by Mayor Lindstrom and Gary Kwong. Nick Allen thanked the council for the award, and said he felt blessed to live in the city. Allen thanked his family and MaryJo for being such assets in his life, and the Kwong family for honoring him with this award. Allen said he loves Falcon Heights, and feels he has grown up in a place where he can always come back and is humbled. The minutes of the March 26, 2008 council meeting were approved as submitted. Consent Agenda: The following two items were moved for approval by Council member Kuettel. The motion passed unanimously. 1. General Disbursements through 4/4/08: $65,239.62 Payroll through 3/31/08: $15,544.0727 2. 2008 Licenses Policy Agenda: 1. Approval and Purchase of Street Banners Administrator Miller began by stating over the past weeks the council had narrowed down the design options. He stated the banner mock-up was not perfectly photo-shopped onto Larpenteur Avenue, but the council should have a better idea of what they would really look like. There are 39 total poles. He recommended banners for every other pole down Larpenteur Avenue, and poles at City Hall, and a couple extra for a total of 22. Miller summarized the cost break-down, and explained the spring loaded bracket. The poles for the hanging baskets are also included in the total cost of $6,666, and in the budget is $7,500. Beth Mercer-Taylor asked for clarification on where the flower basket would go. Miller explained the flowers would hang opposite the banner, over the sidewalk at the height of the banner. Council member Harris stated she liked the banner design with the words closest to the pole. The other councilors agreed. Mercer-Taylor asked what the staff opinion was. Miller replied staff liked that option as well, since the pole and words were closer together and it looked more uniform. Mayor Lindstrom asked about the color swatch of the banner. Miller replied two samples had been obtained from the banner company, and it was closer to the actual color of the pole. Council member Harris moved to approve the banner purchase. The motion passed unanimously. 2. Approval of the Falcon Heights Comprehensive Plan draft for distribution to outside jurisdictions and agencies Administrator Miller began by explaining the comprehensive plan process to date. He stated the public has had opportunities to give their input – 15 neighborhood meetings, four open houses, six Planning Commission meetings, several Comp Plan Steering Committee (CPSC) meetings, five City Council workshops or meetings, eight to ten meetings with business owners, and a lot of staff hours. He explained the council would be approving the draft plan be sent to neighboring jurisdictions. He stated the most popular topic at neighborhood meetings was open space. He explained the map before the council showed the areas of change along Larpenteur Avenue, and noted the impact is rather small. He stated the draft plan emphasizes open space, pedestrian activity, and environmental stewardship. He thanked the Planning Commission and CPSC who led the neighborhood meetings, and staffer Deb Jones. The next step is to send a letter to neighboring jurisdictions to let them know the draft is posted online. The school district, University, and watershed district will be notified as well, and the city will also see their plans. Council member Harris said it is a beautiful work product product and commended the staff. Mayor Lindstrom echoed those sentiments; he thanked the volunteers, neighbors, and Deb, for all their hard work. Administrator Miller added at the Planning Commission public hearing there was talk of firm targets on affordable housing, and language included in the value statement – “an economically and culturally diverse population, including the young people who grow up here as they form households of their own,” was added. Council member Mercer-Taylor stated that Falcon Heights already recognizes economic differences, and without specific targets the city can be comfortable with this new language, without nailing down a specific target. Council member Kuettel moved to approve approval of the Falcon Heights Comprehensive Plan draft for distribution to outside jurisdictions and agencies along with the additional phrase from the Planning Commission. The motion passed unanimously. Information/Annoucements: Council member Mercer-Taylor was disappointed in the status of the Bell Bell Museum, and said the city would do anything it could to support its passage in the legislature. She added Rep. Hausman was on the radio expressing her support for the project. Mayor Lindstrom shared those sentiments of disappointment, but remained confident that the museum would be built some time. He stated private donations have come in, and sometimes these things take a couple years but the city has to remain optimistic. Harris added the bonding bill was not a done deal yet, and Mayor Lindstrom added those lineitem vetoes would be very hard to add back to the bonding bill, since the bill is already signed. Mercer added there is still a possibility of the Central Corridor passing this year, but there is little hope for the Bell, according to what she heard Hausman say. Harris and Lindstrom stated the U needs to decide what priority the Bell has with the administration. Lindstrom added Anderson and Hausman are invited to a June council meeting. Harris stated the HR Commission met and has a goal to have a HR poster contest. She said the commission decided to collaborate with the State’s poster contest, is ready to gather up as many entries as they can, and perhaps publish our own city calendar. The posters may be posted online, at City Hall, posted during the Ice Cream Social, and perhaps in the calendar. More information will follow. Long stated the Parks/Rec Commission meeting would be Monday. Mayor Lindstrom said he and Justin met with Paul Charest, Falcon Heights Elementary School principal, and invited the students to participate in selecting a new city slogan. He proposed the public to put forward slogans, and once a broad amount of suggestions have been received, the council could decide on their favorites, and then the children would vote on their favorite. The council would have a special council meeting in the fall to approve the final slogan, and the children would attend. He said the Rotary and Lions may donate some funds for bussing students. Next, the Raptor Center’s open house was last weekend, and after speaking with the Executive Director he found there is a possibility of a rehabbed raptor getting released at City Hall or during the Ice Cream Social. The council was excited at the prospect. Administrator Miller announced the sixth CERT class would be held in May/June on Wednesday nights. Contact City Hall to sign up. Also street sweeping has commenced in the city, so please don’t park on the street. Mayor Lindstrom adjourned the meeting at 7:45 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk CONSENT F1 4/23/08 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through 4/17/08: $73,706.22 Payroll through 4/15/08: $15,840.21 ATTACHMENTS: General disbursements, credit card statement, and payroll ACTION REQUESTED: Approval CONSENT F2 4/23/08 ITEM: 2008 Licenses SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk EXPLANATION: The following business has applied for tree trimming/removal contractor’s license for 2008. Staff has received the necessary documents for licensure. • Living Water Tree Service The following individual has applied for a massage therapy license. Staff has received the necessary documents for licensure and the appropriate background checks were completed. • Keith Gosline, Personal Fitness Systems, Inc. The following individual has applied for a home occupation license. Staff has received the necessary documents for licensure. • Keith Gosline, Personal Fitness Systems, Inc. The following business has applied for mechanical contractor’s licenses for 2008. Staff has received the necessary documents for licensure. • Summit Heating & Air CONSENT F3 4/23/08 ITEM: Community Park Fire Sprinkler Repairs SUBMITTED BY: Tim Pittman, Parks and Public Works Director EXPLANATION: Over the past several years, the fire sprinkler system at the Community Park building has either malfunctioned or experienced leaks. When staff was working on it recently, it was determined that the entire system needed to be replaced. Evidently, the specifications at the time of construction called for a type of product that has not aged well. As a result, the joints where pipes are connected are failing, thereby causing the leaks. Staff solicited bids from four companies to replace the entire system. Below are the bids we received: National Automatic Sprinkler Company $9,610.00 Viking Automatic Sprinkler Company $15,362.00 Olsen Fire Protection, Inc. $17,900.00 Shield Fire Protection, Inc. $18,665.00 It should be noted that the new system will be somewhat different than the current one. The existing system is a “dry” system, meaning that it is located in the unheated area of the building and only fills with water when the system is used. In the past, the system has mistakenly filled with water and then frozen, which has caused the leaks in the pipes. The new system will be a “wet” system and will be located inside the climate-controlled area of the building. As a result, the pipes will be consistently filled with water and will visible to visitors of the building. Replacing the existing system would be much more costly and prone to the same problems that we have experienced. Since this is an emergency repair, it is an unbudgeted item for this year. $20,000 was budgeted for repairs to the Community Park tennis and basketball courts for later in 2008. Depending on workloads and possible grant opportunities that staff is pursuing, some of these monies may be transferred to pay for these repairs. It is also possible that the city council could designate expected conduit bonding fees to pay for this repair. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council accept the proposal from National Automatic Sprinkler Company to repair and install a sprinkler system at the Community Park building. POLICY G1 4/23/08 ITEM: Resolution Approving Coventry Apartments Project Conduit Bonding SUBMITTED BY: Justin Miller, City Administrator SUMMARY: Under Minnesota state statutes, cities have the authority to issue conduit debt for qualified projects. The City lends its authority to a qualified entity, and in return we can take an administrative fee for lending this authority. Coventry Apartments Limited Partnership has approached the city to provide this service, and they have agreed to a fee of .5% of the total issue of not to exceed $12,000,000 (for a total fee of $60,000). There is no financial risk to the City, and this conduit bonding does not affect the City’s bond rating. These bonds will be utilized to fund the acquisition, construction and equipping of 196-unit multifamily rental housing facility located at 2820 Snelling Avenue North in Roseville. The City of Falcon Heights gave preliminary approval of this project during our September 12, 2007 meeting. The statutorily required public hearing was held during a city council meeting on February 13, 2008. ACTION REQUESTED: Staff recommends that the city council approve the attached resolution authorizing the issuance and sale of a not to exceed $12,000,000 multifamily housing revenue note pursuant to Minnesota law, and authorizing the execution of various documents in connection therewith. RESOLUTION 08-02 APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF A NOT TO EXCEED $12,000,000 MULTIFAMILY HOUSING REVENUE NOTE (COVENTRY APARTMENTS PROJECT) WHEREAS, the City Council of the City of Falcon Heights, Minnesota (the “City”), has given preliminary approval on September 12, 2007, to the issuance of up to $12,000,000 multifamily housing revenue obligations to finance a project (the “Project” as defined in paragraph 1 below) for Coventry Apartments Limited Partnership, a Minnesota limited partnership (the “Borrower”); and WHEREAS, bonding authority for the issuance of up to $12,500,000 of qualified residential rental bonds has been obtained under Minnesota Statutes, Chapter 474A; and WHEREAS, sufficient details of the revenue notes and other aspects of the financing have been agreed to that this final note resolution should be adopted on this date and the acceptance of a proposal for the revenue notes and the setting of the interest rate thereon and the purchase price thereof: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota, as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: (a) The City is a municipal corporation and political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Chapters 462C, as amended (the “Act”), to assist the multifamily housing development herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) The City has received a proposal that it issue its Multifamily Housing Revenue Note (Coventry Apartments Project), Series 2008A, in an amount not to exceed $12,000,000 (the “Note”) to provide funds to be loaned to Coventry Apartments Limited Partnership (the “Borrower”) to finance the acquisition, renovation and equipping of a 196-unit multifamily rental housing facility located at 2820 Snelling Avenue North in the City of Roseville, Minnesota (“Roseville”) and known as Coventry Apartments, which facility is to be owned and operated by the Borrower (the “Project”). (c) As required by the Act and Section 147(f) of the federal Internal Revenue Code of 1986, as amended (the “Code”), the City has on February 13, 2008, held a public hearing on the housing program relating to the issuance of one or more revenue notes to finance the Project. (d) The issuance and sale of the Note, by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to U.S. Bank National Association (the “Lender”), as provided herein. The City will loan the proceeds of the Note (the “Loan”) to the Borrower in order to finance the Project. A draft of the Note has been submitted to the City. (e) Pursuant to a Loan Agreement (the “Loan Agreement”) to be entered into between the City and Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City. (f) Pursuant to a Pledge Agreement (the “Pledge Agreement”) to be entered into between the City and Lender, the City will pledge and grant a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City. (g) Pursuant to a Combination Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Financing Statement (the “Mortgage”) to be executed by the Borrower in favor of the City, the Borrower will secure payment of amounts due under the Loan Agreement and Note by granting to the City a mortgage and security interest in the property described therein. Pursuant to an Assignment of Mortgage to be executed by the City (the “Assignment”), the City will assign the Mortgage to the Lender. (h) Roseville has approved the issuance of the Note to finance the Project located within Roseville and has authorized execution of a Joint Powers Agreement (the “Joint Powers Agreement”) by and between the City and Roseville. A draft of the Joint Powers Agreement has been submitted to the City. (i) The sale proceeds of the Note shall be disbursed pursuant to a Disbursing Agreement (the “Disbursing Agreement”) by and among the City, Lender, Borrower and a title insurance company. Certain requirements of law for the Project are set forth in a Regulatory Agreement (the “Regulatory Agreement”) by and among the City, Borrower and Lender. Drafts of the Disbursing Agreement and Regulatory Agreement have been submitted to the City. (j) The Note will be a special limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (k) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the costs of the Project. (l) The Project constitutes a “qualified residential rental project” within the meaning of Section 142(d) of the Code, and a “multifamily housing development” authorized by the Act, and furthers the purposes of the Act. (m) The purpose of the Project is, and the effect thereof will be, to promote the public welfare by the acquisition and renovation of a facility for use as a multifamily housing development designed primarily for occupancy by persons of low income. (n) The Project is to be located within the jurisdiction of Roseville at a site which is easily accessible to employment opportunities, health facilities and other amenities within Roseville and surrounding communities. (o) The Act authorizes (i) the acquisition and renovation of the Project, (ii) the issuance and sale of the Note, (iii) the execution and delivery by the City of the Loan Agreement, Disbursing Agreement, Regulatory Agreement, Joint Powers Agreement, Assignment and Pledge Agreement, (iv) the performance of all covenants and agreements of the City contained in the Loan Agreement, Disbursing Agreement, Joint Powers Agreement, Regulatory Agreement and Pledge Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Disbursing Agreement, Assignment, Regulatory Agreement, Joint Powers Agreement, Pledge Agreement and Note valid and binding obligations of the City in accordance with their terms. (p) It is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition, renovation and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities. (q) The payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Note when due, and the Loan Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement. (r) There is no litigation pending or, to the actual knowledge of the City, threatened against the City questioning the City’s execution or delivery of the Note, Loan Agreement, Disbursing Agreement, Regulatory Agreement, Joint Powers Agreement, Assignment or Pledge Agreement or questioning the due organization of the City, or the powers or authority of the City to issue the Note and undertake the transactions contemplated hereby. (s) The execution, delivery and performance of the City’s obligations under the Note, Disbursing Agreement, Regulatory Agreement, Pledge Agreement, Joint Powers Agreement, Assignment and Loan Agreement do not and will not violate any order against the City of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. 1.2 Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender, to provide for the acquisition and renovation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 2. THE NOTES. 2.1 Authorized Maximum Amount and Form of Note; Interest Rate. The Note issued pursuant to this Resolution shall be in substantially the form submitted to the City Council of the City on the date hereof, and shall mature in the years and amounts and be subject to redemption as therein specified, as such may be modified by agreement of the Lender, Borrower and City; and the total aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $12,000,000, unless a duplicate Note is issued pursuant to Section 2.7. The Note shall be issued in an amount not to exceed $12,000,000, the actual amount to be determined by the agreement of the Lender and Borrower and any of the officers specified in Section 2.3. The Note shall bear interest at the rate set forth therein which will be determined by the agreement of the Lender and Borrower and any of the officers authorized to execute the Note in Section 2.3. The offer of the Lender to purchase the Note at a purchase price equal to its stated amount is hereby accepted. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution of Note. The Note shall be executed on behalf of the City by the Mayor and the City Administrator. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had remained in office until delivery. In the event of the absence or disability of the Mayor and the City Administrator, such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall w 2.4 ithout further act or authorization of the City Council of the City execute and deliver the Note. Delivery of Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (a) an executed copy of each of the following documents: (i) the Loan Agreement; (ii) v) the Joint Powers Agreement; the Pledge Agreement; (iii) the Disbursing Agreement; (iv) the Regulatory Agreement; ( (b) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; (c) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; and (d) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5 Disposition of Note Proceeds. Upon delivery of the Note to the Lender, the purchase price paid will be disbursed in accordance with the Disbursing Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of its Secretary a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of th point __________________ attorney to transfer said Note on the books of said City, with full power of substitution in the premises. The transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. ______ e Note together with a written instrument of transfer satisfactory to the Administrator, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received ___________ hereby sells, assigns and transfers unto ________________ the attached Note of the City of Falcon Heights, Minnesota, and does hereby irrevocably constitute and ap undersigned certifies that the Dated:____________ ________________________ Registered Owner Upon such transfer the Administrator shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2.7 Mutilated, Lost or Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender’s paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name each Note is last registered in the Note Register and by notation on each Note, whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a given pursuant to any participation agreement, except as an exempt security or as an exempt transaction. participation interest in the Note be SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions contained herein invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs contained in this Resolution shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. heretof urn All such certified copies, certificates and affidavits, including any ore f ished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement, Pledge Agreement, Mortgage, Disbursing Agreement, the Joint Powers Agreement, Regulatory Agreement and Assignment are hereby approved in substantially the form heretofore presented to the City Council of the City, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents and the officers specified in Section 2.3 are authorized to execute the Loan Agreement, Regulatory Agreement, Disbursing Agreement, the Joint Powers Agreement, Assignment and Pledge Agreement, and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note, in the name of and on behalf of the City. In the event of the absence or disability of any of the officers specified in Section 2.3, such officers of the City as, in the opinion of the City Attorney, may act in their behalf shall without further act or authorization of the City Council of the City do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Not Qualified Tax-Exempt Obligation. The Note does not qualify as a “qualified tax exempt obligation” within the meaning of Section 265(b)(3) of the Code. 3.5 Future Amendments. The authority to approve, execute and deliver future amendments to financing documents entered into by the City in connection with the issuance of the Note and consents required under the financing documents is hereby delegated to the Mayor and the City Administrator, subject to the following conditions: (a) such amendments or consents to not materially adversely affect the interests of the City; (b) such amendments or consents do not contravene or violate any policy of the City, and (c) such amendments or consents are acceptable in form and substance to the counsel retained by the City to review such amendments. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this Resolution. The execution of any instrument by the Mayor and the City Administrator shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Mayor and the City Administrator, any instrument authorized by this paragraph to be executed and delivered may be executed by the officer of the City authorized to act in their place and stead. The City Council shall be informed of all amendments made pursuant to this paragraph. 3.6 Approval of Housing Program. Pursuant to Section 462C.04 of the Act, the “City of Falcon Heights, Minnesota Housing Finance Program”, dated February 13, 2008 (being the date on which a hearing was held on the program), is hereby adopted, and is hereby confirmed to be the housing program which relates to the Note and Project. The City hereby makes and confirms the findings and conclusions set forth in said housing program. 3.7 Program. The City hereby establishes a governmental program of acquiring purpose investments for qualified residential rental projects. The governmental program is one in which the f win exemp investments; (c) at least 95% of the receipts from the purpose investments shall be used to pay pri al, o redeem and retire governmental obligations at the next earliest possible date of redemption; the program documents shall prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from the right to treat the investment as a program investment. ollo g requirements of §1.148-1(b) of the federal regulations relating to taxt obligations shall be met: (a) the program shall involve the origination or acquisition of purpose (b) at least 95% of the cost of the purpose investments acquired under the program shall represent one or more loans to a substantial number of persons representing the general public, states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination of the foregoing; ncip interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or t (d) purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor; and (e) the City shall not waive 3.8 Headings; Terms. Paragraph headings in this resolution are for convenience f of any _____ r April 23, 2008 LINDSTROM ____ In Favor Attested by: ________________________ KUETTEL Justin Miller HARRIS ____ Against City Administrator LONG April 23, 2008 MERCER-TAYLOR reference only and are not a part hereof, and shall not limit or define the meaning o provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Loan Agreement. Moved by: Approved by: ___________________ Peter Lindstrom, Mayo POLICY G2 4/23/08 ITEM: Bike/Walk Twin Cities Grant Application SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: In 2005, Bike/Walk Twin Cities (formerly known as the Non-Motorized Transportation Pilot Program) was established by Congress as part of the six-year federal transportation program. The law provides $21.5 million to four communities nationwide to evaluate how investments in planning, infrastructure, and public education can increase rates of bicycling and walking and reduce driving. Four pilot communities were selected, and the Minneapolis area has received $7.3 million. For the past several months, staffs from Falcon Heights, Lauderdale and Roseville have been discussing possible projects to submit as a proposal. As a result, we are proposing an off-street path project that will connect Roseville through Falcon Heights to the University of Minnesota transitway south of the St. Paul campus. We believe that this project is worthwhile and probable of receiving funding for the following reasons: 1) It involves multiple jurisdictions (Roseville, Falcon Heights, University of Minnesota). 2) It makes connections towards mass destinations (Rosedale Mall) with existing transit routes (University transitway) and helps create a larger network of pedestrian and bicycle lanes. 3) Does not require acquisition of additional right-of-way. The City of Roseville will be the lead agency in this grant submission, due to their ability to front more of the money until grant proceeds are obtained and their experience in managing federal grants. Projects will be selected by July 1st, and if selected, formal engineering will begin in consultation with Ramsey County since Fairview Avenue is a county roadway. Construction would likely begin sometime in 2009. This proposal is roughly similar to last year’s submittal, which just missed being funded. Since last year, both Roseville and Falcon Heights staff have met with Transit for Livable Communities staff (the group who distributes the grant proceeds) to determine determine what measures can be taken to give our proposal a better chance of being funded. Many of their suggestions have been included in this new proposal. Final details were still being worked out as this report was being compiled, so a complete map and grant application will be presented at Wednesday’s city council meeting. REQUESTED ACTION: Staff recommends that the city council approve the attached resolution approving the grant application for the Non-Motorized Transportation Pilot Program. Lexington Parkway Northeast Diagonal Mississippi -Como Como -Phalen Stinson Parkway Ridgway Parkway County Rd B2 Pathway Reservoir Woods Dale Street Pathway County Rd B2 Pathway Intercampus Transit Route Interc ampus Transit Route HOYT DALE HAMLINE LA RPEN TEUR ROS ELAW N HIGHWAY 36 IDAHO LEXINGTON COUNTY ROAD B ARONA PASCAL STINSON RYAN VICTORIA CLEVELAND INTERSTATE 35W ELM GA RDEN SHRYER 5TH GROTTO FAIRVIEW CARL ALBERT LOV ELL TAFT IVY FERNWOOD CARTER 21ST 18TH OAK 4TH WALNUT 22ND 29TH MIDWAY TATUM CALIFORNIA ENERGY PARK COMO INDUSTRIAL 19TH IOWA COPE 27TH 17TH DOSWELL HORTON IONE GORTNER 20TH SKILLMAN NEW BRIGHTON H ENDON UNDERWOOD HOOVER ELDRIDGE T ERMINAL 26TH FRY BREDA BROADWAY RANDALL KASOTA KENNEDY BENJAMIN JESS AM INE MALVERN BURKE RIDGEWAY NEBRASKA WYNNE RAYMOND 25TH PARKER HOLTON ARLINGTON COLE SNELLING ALBANY COOPER PLEASANT ALMOND GODWARD JUDSON PRIOR UNIVERSITY AGLEN TRAFFIC 24TH COMO LAKE ASBURY COOLIDGE 15TH HILLSIDE COMMONWEALTH WEEKS HIGHWAY 280 COTTAGE 33RD 23RD CHATSWORTH LAKE INTERCAMPUS TRANSITW WHEELOCK SIMPSON HYTHE SEXTANT COUN TY ROAD B2 TRANSIT GATEWAY AIDA KENZIE SAINT ANTHONY LINDIG DUDLEY ROMA MARYLA N D ALTA VISTA FRANKSON BUFORD SPRING DRAPER SCUDDE R GIBBS FAIRMONT KESTON ROSE COMM ERCE CHELSEA LOWR Y GRANDVIEW 8TH ACORN HUNTING VALLEY HIGHCREST LAU RIE GRANTHAM ROSEWOOD ROSEGATE MARION ECKLES NEVADA 16TH BROMPTON GORDON WASHINGTON SANDHURST SHELDON PARKVIEW LONG LAKE FERRIS COSGROVE AUTUMN FIFIELD KNAP P GLUEK FAIR FOLWEL L FISK SUMMER MIDLOTHIAN MINNESOTA HARDINGALAMEDA 30TH VALENTINE PINE AVON COFFMAN SHERREN RUGGLES CAN FIE LD TALMAGE LEE BELMONT ROSEVILLE MALL BISON BOURNE LINDY MONTANA OSAGE WILSON BEULAH HENNEPIN DIONNE FULHAM HERSCHEL CHELMSFORD ORANGE OXFORD CRAWFORD DAN PATCH ALDINE MIDWAY PK WY SERVICE HURON KAUFMAN BRE WSTER SIMON SB I35W TO CLEVELAND AVE N NELSON COACH ARGYLE EUSTIS ESTABROOK PERIM ETER LANGFORD MOORE CATHLIN MERRILL ROBBINS NB I35W TO NB I35W FITCH SAINT CROIX SAINT MARYS CHURCHILL PRISCILLA DUNLAP LIGGETT STELLA ONTARIO EDGAR MAPLE CUSHING NASON CLEVELAND AVE N TO NB I35W LUTHER SAINT ALBANS HOWELL MILTON STEVENS LAKEVIEW DALE ST N TO WB HWY36 W GRIGGS ROOSEVELT WINTER CHILCOMBE SAINT STEPHEN MCKINLEY DELANO FAIRWAYS VAN SLYKE BOYD RIDGEWOOD DELLWOOD MIDLAND HILLS STATE FARM WINSTON ROLLINS MARY MAYWOOD RYDE COLONIAL RALEIGH CLOUGH EB HWY36 W TO DALE ST N LOREN NANCY BROOK MID OAKS NB I35W TO CLEVELAND AVE N MALCOLM BURTON BLAKE MURPHY GOVE BEACON IRONW OOD SB I35W TO STINSON BLVD NE VINCENTBRANSTON HARRIET HAR MAR SERVICE COLNE KARYL QUESTWOOD SHARONDALE GUM EMERALD MAPLE K NOLL BARRETT EVERGREEN WHEELER SB I35W TO INDUSTRIAL BLVD HADDINGTON STINSON BLVD NE TO NB I35W ROSEDALE NORTHRUP EB HWY36 W TO LEXINGTON AVE N HOLLYWOOD ATTY WILDER KILBURN LUDLOW STANDISH EVERETT STUBUR ROSE VISTA PINEVI EW WALDEN UPPER BUFORD MIDLAND VIEW ROSE HILL 4TH STREET SERVICE SAMUEL SB HWY280 TO SB I 35W NUSBAUMER WESTWOOD DUNLAP BROOK SNELLING ROSEWOOD 18TH 17TH FOLWELL CHATSWORTH KNAPP 19TH JES SAMINE 17TH MAYWOOD GROTTO 22N D MCKINLEY 26TH HYTHE SNELLING PRIOR SUMMER 23RD HIGHWAY 36 SHRYER WYNNE RYAN ROLLINS AVON 18TH HERSCHEL ASBURY GARDEN WILSON DELLWOOD RUGGLES DUNLAP 25TH ELD RIDGE 17TH HIGHWAY 36 SKILLMAN HOLTON CHATSWORTH NEBRAS KA RALEIGH FERNWOOD MAYWOOD SKILLMAN HENDON AUTUMN PRIOR DRAPER HOLTON WINTER SUMMER FULHAM 24TH COMO SEXTAN T IDAHO BU FORD DELLWOOD TALMAGE OXFORD BUFORD ROSE SIMPSON CHATSWORTH DIONN E FULHAM ELDRIDGE ROOSEVELT SNELLING VICTORIA VICTORIA HOYT FULHAM MONTANA TALMAGE PRIOR SAINT ALBANS SKIL LMAN BELMONT ALAMEDA LOWRY ALBERT 27TH COMMONWEALTH FRY MILTON ARONA IOWA COMO 15TH OXFORD ROMA NEBRASKA CANFIEL D ARLINGTON OXFORD MCKINLEY SUMMER RYDE ARONA LOVELL PASCAL SKILLMAN LINDIG PASCAL WHEELER LAURIE SAINT ALBANS LAURIE SHELDON ELM BELMONT SEXTANT COLNE DRAPER BUFORD GROTTO RUGGLES ORANGE HURON PINE NEW BRIGHTON GIBBS PAR KER LOVELL PARKVIEW LINDY ROM A GORDON AVON FRY KAUFMAN CARTER LAKEVIEW CLEVELAND HIGHWAY 36 AVON 23RD DOSWELL LAKE WILSON SNELLING HIG HWAY 36 SUMMER ALAMEDA HYTHE ALBERT NANCY MCKINLEY DELLWOOD TAFT COMO BEULAH ONTARIO WALNUT RYAN 29TH ASBURY HARDING OXFORD GRANDVIEW ELDRIDGE ELD RIDGE PRIOR RUGGL ES SHERR EN ALBERT 16TH FULHAM SANDHUR ST RYAN CHATSWORTH SEXTANT MON TANA SHRYER DRAPER DUNLAP PASCAL WEEKS HURON SANDHURST ALBERT SPRING MERRILL HIGHWAY 36 SNELLING ELDRIDGE ASBURY 25TH ALAMEDA RYAN JESSAMINE PRIOR PASCAL PASCAL DU DLEY MAYWOOD MILTON HARDING 23RD BEACON SIMPSON SUMMER SAINT CROIX SKILLM AN SHELDON CHELMSFORD SKIL LMAN CALIF OR NIA HOYT HURON 4TH EUSTIS MERRILL COMO RAYMOND KNAPP GROTTO SHRYER SNELLING SHERREN RAYMOND 24TH OXFORD RYAN INTERSTATE 35W 17TH RAYMOND HYTHE MONTANA COMO BURKE ASBURY SHERREN CARL SAINT ALBANS Prepared by: City of Roseville Engineering Department April 6, 2007 mapdoc: NTP_PotentialRoutes.mxd map: NTP_PotentialRoutes pdf Data Sources and Contacts: * Ramsey County GIS Base Map (3/5/2007) * City of Roseville Engineering Department For further information regarding the contents of this map contact: City of Roseville, Engineering Department, 2660 Civic Center Drive, Roseville MN DISCLAIMER: DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. ´ 0 300 600 900 1,200 Feet NTP Northeast Suburban Campus Connector Bike/Pedestrian Project MINNEAPOLIS ST. PAUL ROSEVILLE LAUDERDALE ST. PAUL ROSEVILLE FALCON HEIGHTS ST. ANTHONY State Fair Grounds University of Minnesota St. Paul Campus City/Local Sidewalk and Pathway Regional Exisitng Pathway Regional Proposed Pathway Dedicated Transit Route LEGEND: Proposed Pathway CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 23, 2008 No. 08-03 -----------------------------------------------------------A RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION TO THE BIKE/WALK TWIN CITIES GRANT PROGRAM WHEREAS, the federal government has created the Bike/Walk Twin Cities Program (formerly known as the Non-Motorized Transportation Program) to fund projects which will increase rates of bicycling and walking as well as reduce driving, and WHEREAS, the City of Falcon Heights is strongly interested in providing facilities for our residents who wish to use alternative modes of transportation, and WHEREAS, during our recent Comprehensive Plan Steering Committee neighborhood meetings, the topic of increased sidewalks and bike lanes was an issue that was consistently raised, and WHEREAS, the City of Falcon Heights has been working with the City of Roseville, the City of Lauderdale, and the University of Minnesota to determine possible pedestrian connections, and WHEREAS, the connections of our cities and the University is important to the overall transportation system in the Twin Cities metropolitan area, and WHEREAS, the installation of pedestrian and bicycle facilities along Fairview and Gortner Avenues will help provide a needed pedestrian and bicycle link in the overall pedestrian and bicycle system, NOW, THEREFORE BE IT RESOLVED that the City of Falcon Heights supports the submission of a grant application to the Bike/Walk Twin Cities program as a partner with the City of Roseville and the University of Minnesota. -------------------------------------------------------------------Moved by: Approved by: ________________________ Peter Lindstrom, Mayor April 23, 2008 LINDSTROM ____ In Favor Attested by: ________________________ KUETTEL Justin Miller HARRIS ____ Against City Administrator LONG April 23, 2008 MERCER-TAYLOR POLICY G3 4/23/08 ITEM: Energy Efficient Appliance Rebate Program SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: For the past several months, the Environment Commission has been discussing joining the Mayor’s Kyoto Protocol and the Cool Cities campaign. The goal of these programs is to encourage cities across the nation to take action to address the causes of global warming. When cities adopt the Mayor’s Climate Protection Agreement, they commit to finding ways to reduce greenhouse gas emissions in their city. The Environment Commission is still investigating the program and resources needed to successfully join it, but they did recently discuss one program and recommended that the city implement it immediately. Energy companies across the nation have begun to issue rebates to consumers who purchase energy efficient appliances. In addition, the federal government provided tax incentives for purchasing appliances that met the Energy Star rating system up through 2007. Cities such as Falcon Heights have fewer tools to encourage people to purchase energy efficient appliances. However, we do require a permit and inspection fee for all new appliances such as furnaces, water heaters, and air conditioners, as well as windows. While the fee alone (usually between $80-$100) is a small portion of the overall cost of the appliance, rebating a portion of it may provide enough of an incentive to make the purchase of an energy efficient model more costeffective for our residents. Attached to this report is a draft version of the Falcon Heights Energy Efficient Appliance Rebate Program. It outlines efficiency requirements that must be met for the following appliance and/or improvements: • Exterior windows and skylights • Central air conditioners • Furnaces or boilers • Water heaters While the federal tax credit for energy efficient appliances has expired, the proposed program incorporates the requirements that the Internal Revenue Service and Department of Energy used through 2007. Financial Impact Staff estimates that we receive about $11,000 per year in mechanical permit fees and another $7,000 in window permit fees. Only about 75% of these fees are for projects that fall under the rebate program. If every furnace, water heater, air conditioner, and window project qualified under the rebate program, and if every homeowner applied for the 50% permit fee rebate, the city would return about $6,750 per year to homeowners: Total Permit Fees 75% eligible projects 50% rebate Total Liability $18,000 X .75 X .50 = $6,750 In reality, staff estimates that the rebate program would cost the city about $2,000 -$3,000 per year based on products currently being installed. Process The rebate form will be handed out when the permit is issued. If the homeowner wishes to apply for the rebate, they would need to fill out the attached form and have our mechanical or building inspector sign off that the appliance meets the efficiency requirements. Only then will money be reimbursed to the homeowner. We would also need to publicize the rebate program so that residents know about it before they make their appliance and/or window purchase. ACTION REQUESTED Staff and the Environment Commission recommend that the Falcon Heights City Council approve the attached Falcon Heights Energy Efficiency Rebate Program for permits issued after April 30, 2008. Falcon Heights Energy Efficiency Appliance and Window Rebate Program In order to promote a cleaner environment, the City of Falcon Heights encourages residents to purchase energy efficient appliances and materials when investing in home improvements. The chart below denotes what incentives are available to homeowners: Product Category Qualifying Specifications City Incentive Notes Exterior Windows and Skylights Energy Star qualified or meet IECC1 Reimbursement of 50% of permit fee Central Air Conditioning Split Systems: EER2 >= 12.5 SEER3 >= 15 Package Systems: EER >= 12 SEER >= 14 Reimbursement of 50% of permit fee Furnace or Boilers AFUE4 >= 95 Reimbursement of 50% of permit fee Water Heaters Gas: Energy Factor >= .80 Electric: Energy Factor >= 2.0 Reimbursement of 50% of permit fee 1 Either the 2001 Supplement of the 2000 International Energy Conservation Code or the 2004 Supplement of the 2003 International Energy Conservation Code 2 Energy Efficiency Ratio 3 Seasonal Energy Efficiency Ratio 4 Annual Fuel Utilization Efficiency In order to receive payment, please fill out the attached form and have appropriate documentation (receipts, manufacturer’s specifications, etc.) ready when the city inspector comes by your property to inspect the project. Falcon Heights Environment Commission Request for Reimbursement Falcon Heights Residential Energy Efficiency Rebate Program Name: ______________________________________________________ Address: ___________________________________________ __________ Phone Number: ______________________________________________________ Explanation of project: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ ____________________________________ Initial Permit Fee: _____________ Requested Reimbursement (50%): _____________ Signature: ________________________________________ Inspector Signature: ________________________________________ Once this form is received and verified, payment will be processed and a check will be mailed to the address listed above. POLICY G4 4/23/08 ITEM: City Hall Summer Hours SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: During the summer months, especially on Fridays, the amount of walk-in and phone call requests for service drops off dramatically. Many cities use this as an opportunity to employ alternative hours of operation, commonly known as “summer hours”. Neighboring cities that use this type of schedule include St. Anthony Village and Arden Hills. Currently, normal hours of operation are Monday – Friday, 8:00 a.m. – 4:30 p.m. Staff is proposing that the City of Falcon Heights use the following schedule between Memorial Day and Labor Day: Monday – Thursday 7:30 am – 5:00 pm Friday 7:30 am -noon This would allow for city hall to still be open the same number of hours per week (42.5) and for employees to still work the same number of total hours (40, with one ½ break each day). It would also allow contractors the ability to pick up permits earlier so that they may get working on projects sooner in the day. Finally, it would be a benefit to our employees by allowing them to begin their weekend a little bit earlier. We would need to publicize this in our normal methods (email, website, flyers, newsletters, and newspapers). We would also insert a notice on all permit applications so that contractors and/or residents do not come to city hall on Friday afternoon hoping to pick up permits for their weekend projects. Notice will also be given to those who rent facilities that building keys will need to be picked up before noon on Friday. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the summer hours schedule explained above from Memorial Day to Labor Day.