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HomeMy WebLinkAboutCCAgen_09Nov18CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA November 18, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: Jerry Hromatka, Northwest Youth and Family Services D. APPROVAL OF MINUTES: October 28, 2009 E. PUBLIC HEARINGS: Proposed Streetlight Utility Public Hearing F. CONSENT AGENDA: 1. General Disbursements through 11/05/09: $83,351.43 Payroll through 11/15/09: $32,929.83 2. City License Renewal 3. Appointment of Fire Fighter Michael Kruse 4. Change of Health Insurance Provider for Employees 5. Resolution authorizing SCORE Grant application ADDENDUM G: POLICY ITEMS 1. Tobacco Sale Violation Stipulation Agreement 2. Cooperative Agreement with Capital Region Watershed District for Improvements to Gottfried’s Pit. 3. Emerald Ash Borer Preparedness Program and Grant Application UPDATED H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 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 help CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES October 28, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM __X__ HARRIS __X__ KUETTEL _X___ LONG _X___ MERCER-TAYLOR __X__ MILLER __X__ C. PRESENTATIONS: D. APPROVAL OF MINUTES: October 14, 2009 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: KUETTEL MOVED APPROVAL 5-0 1. General Disbursements through 10/21/09: $20,160.87 Payroll through 10/15/09: $14,647.57 2. City License Renewal 3. Appointment of Fire Fighters Michael Barkman and Bryan Sullivan 4. Lawful Gambling Permit for Falcon Heights Elementary PTA 5. Setting Date of Canvassing Board Meeting G: POLICY ITEMS 1. Changes in Ordinance Regarding Dogs in Public Parks HARRIS MOVED APPROVAL 5-0 AS AMENDED 2. Election Services Contract with Ramsey County MERCER-TAYLOR MOVED APPROVAL 5-0 AS AMENDED H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:42PM PUBLIC HEARING E1 11/18/09 ITEM: Proposed Streetlight Utility Public Hearing SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: The proposed 2010 budget currently factors in the establishment of a streetlight utility to be charged to all properties with in the City of Falcon Heights. This fee will be used to pay for all electricity and maintenance expenses that are associated with the streetlight system throughout the community. For the most part, there are two types of streetlights in the City of Falcon Heights. The first type is the standard gray cobra-head style that line most of our streets. These lights are maintained by Xcel Energy, but the electricity cost is paid by the city. The second type is the decorative green lamps along Larpenteur Avenue near the intersection of Snelling Avenue. The maintenance of these lamps (replacement bulbs, painting, etc.), as well as the electricity, is the responsibility of the city. The past practice of the city has been to pay for these expenses through the the general fund, which is paid for by taxpaying properties within the city. However, roughly 2/3 of the city is tax-exempt, which means that these properties do not pay taxes into the city’s general fund. Many of the lights abut these tax-exempt parcels, so they are receiving a benefit without paying for the expense. As a result, our taxpaying residents and businesses have been subsidizing the non-taxpaying properties for quite some time. By establishing a fee, tax-exempt properties can be charged, similar to our current sanitary and stormwater sewer fees. The fee would appear on monthly or quarterly water bills. The current proposal calls for all single-family residential properties to pay $2/month and all other properties to pay $.02/lineal foot of street frontage. It is estimated that this rate structure will collect between $35,000 and $40,000 per year. Estimated electricity and maintenance expenses for 2010 are approximately $35,000. A public hearing has been scheduled to allow for public comment regarding this proposal. Due to software configuration challenges at St. Paul Regional Water Systems, the fee cannot be put onto water bills until February 2010 at the earliest. If the council wishes to proceed, an ordinance amendment (draft attached) authorizing the establishment of this fee will be presented in January 2010. ACTION REQUESTED: No action is requested at this time. Staff recommends holding the public hearing and directing staff to conduct any further research as needed. CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY OF FALCON HEIGHTS CITY CODE ESTABLISHING A CITY STREET LIGHT UTILITY SYSTEM THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 50 of the Falcon Heights City Code is amended by adding Article IV to provide as follows: 50-60. STREET LIGHT UTILITY. A City street lighting utility system is hereby established and continued. The utility system consists of all street lighting whether owned by the City or otherwise, for which the City purchases and supplies electrical energy from a public utility and any additional facilities acquired or operated by the City in the future. 50-61. COST OF SYSTEM. A. The cost of the street lighting utility system are the administrative costs, capital costs, maintenance and energy costs associated with with the operation of the street lighting utility system. B. The City Council shall by resolution establish a fee schedule to pay for the cost of the street lighting utility system. The City Council shall apportion the cost of the system against all developed property in the City. Single family residential property shall be charged based upon a per unit charge and all other property shall be charged based upon a front foot charge. C. Street lighting costs shall be billed with water bills. 50-62. CERTIFICATION OF UNPAID BILLS. On or before October 1st of each year, the clerk must list the total unpaid charges for street lighting against each separate lot or parcel to which they are attributable. The Council will then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County and collection the following with real estate taxes. 50-63. STREE LIGHTING UTILITY FUND. All fees and assessments received pursuant to this Article shall be place in a dedicated for the purpose of paying the costs of the street lighting system. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this ____ day of ____________, 20__, by the City Council of the City of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: _________________________ Peter Lindstrom, Mayor ATTEST: _____________________________ Justin Miller, City Clerk/Administrator CONSENT F1 11/18/09 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through 11/05/09: $83,351.43 Payroll through 11/15/09: $32,929.83 ATTACHMENTS: General disbursements and payroll ACTION REQUESTED: Approval CONSENT F2 11/18/09 ITEM: City License Renewals SUBMITTED BY: Lisa Abernathy -Deputy Clerk The following individuals have applied for a Mechanical Contractors License for 2009. Staff has received the necessary documents for licensure. ? Skarda Plumbing & Heating The following individuals have applied for a Christmas Tree License for 2009. Staff has received the necessary documents for licensure. ? Falcon Heights/Lauderdale Lions ? Glen Tower Pines CONSENT F3 11/18/09 ITEM: Firefighter Appointment SUBMITTED BY: Clem Kurhajetz, Fire Chief EXPLANATION: Michael Kruse is recommended for approval as a firefighter with the Falcon Heights Fire Department. ACTION REQUESTED: Approval CONSENT F4 11/18/09 ITEM: Change of Health Insurance Providers for City Employees SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: For many years, the City of Falcon Heights has acquired city employee health insurance, as well as other benefits, through Ramsey County. As a larger group, they have been able to find lower prices than we could have as a smaller group, and they have graciously allowed us to join their plans. Over the years, as with most other organizations, our health insurance expenses have steadily increased. Recently staff has investigated what price the city may receive if we did not purchase insurance through Ramsey County, and this year we found a comparable plan that is much less expensive. The plan that staff is proposing to join is called the Public Employees Insurance Program (PEIP) and it is managed through the State of Minnesota. As such, we will enjoy the benefits of being part of a larger group to spread our risk and claims across, hopefully limiting the annual increases we will see. The rates for this plan are very competitive when compared to the 2010 rates through Ramsey County: 2010 Ramsey County 2010 PEIP Advantage Plan Single Coverage $684.94 $515.92 Family Coverage $1,630.13 $1,377.52 It is estimated that the total savings to the City by joining this plan will be roughly $11,000, or a 16% savings over the Ramsey County plan. The city will continue to participate in the Ramsey County plans for other benefits such as life, dental, and longterm disability insurance. We did seek quotes for these plans as well, but the savings were not substantial enough at this time to switch away from the Ramsey County plans. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve switching employee health insurance coverage to the Public Employees Health Insurance Program (PEIP). ADDENDUM 11/18/09 ITEM: Resolution authorizing SCORE Grant application SUBMITTED BY: Deb Jones, Planning and Zoning Director REVIEWED BY: Justin Miller, City Administrator Roland Olson, Finance Director EXPLANATION: The Council is being asked to authorize the Mayor and Administrator to sign the 2010 SCORE recycling grant contract from Ramsey County and adopt the attached resolution. The grant is in the amount of $11,612.00. The SCORE grant helps offset the cost of providing recycling services to our residents, as well as providing educational materials to residents. ATTACHMENT: ? Resolution 2009-17 CITY OF FALCON HEIGHTS RESOLUTION 2009-17 RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO SIGN THE 2010 RAMSEY COUNTY SCORE GRANT, AND ENTER INTO AN AGREEMENT WITH RAMSEY COUNTY FOR FUNDING WHEREAS, the City of Falcon Heights has a recycling program, which serves the residents of the City; and WHEREAS, the City utilizes the SCORE funding to offset costs of that program each year; and WHEREAS, the City Council has determined that participation in this program is beneficial to the residents of Falcon Heights; NOW, therefore, be it resolved by the City Council of the City of Falcon Heights, Minnesota; The Mayor and City Administrator are authorized to enter into an agreement with Ramsey County for funding under the 2010 SCORE Grant. Adopted, unanimously, by the City Council of Falcon Heights on November 18, 2009. APPROVED: _________________________ Peter Lindstrom, Mayor November 18, 2009 ATTEST: ____________________________ Justin Miller City Administrator November 18, 2009 POLICY G1 11/18/09 ITEM: Tobacco Sale Violation Stipulation Agreement SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: On October 15, 2009, during a routine tobacco compliance check, a clerk at J’s Liquors sold cigarettes to an underage person. Per state law, the clerk was given a citation, and the city council can impose a penalty of no less than $75 for this first violation. Attached to this report is a stipulation agreement that was drafted by the city attorney and has been approved by the store’s owner. The fine of $500 is consistent with firsttime penalties identified in our city code for alcohol sales to minors. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached stipulation agreement with J’s Liquor, Inc. CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA In Re: City of Falcon Heights Tobacco STIPULATION OF FACTS Licensing Complaint Against AND CIVIL SANCTION J’s Liquor, Inc. The City of Falcon Heights, through its undersigned City Administrator, and J’s Liquor, Inc., through its undersigned authorized officer, hereby agree and stipulate as follows: 1. J’s Liquor, Inc. is licensed under Falcon Heights City Code Chapter 14, Article IX, to sell retail tobacco related products at 1559 West Larpenteur Avenue, in the City of Falcon Heights. 2. On October 15, 2009, _________________, a clerk at J’s Liquor, Inc., did sell tobacco to an underage person on the licensed premises of J’s Liquor, Inc. in violation of Falcon Heights City Code § 14-295. 3. A copy of the Police Department report regarding this incident is incorporated into this Stipulation by reference. 4. This violation constitutes J’s Liquor, Inc.’s first violation. 5. J’s Liquor, Inc. was afforded a hearing pursuant to City Code §14-297 before the City Council. 6. J’s Liquor, Inc. will pay a civil sanction of $500.00 by December 1st, 2009. 7. The civil sanction set forth in paragraph 6 is contingent upon the approval of the Falcon Heights City Council. If the City Council rejects the sanction agreed to in this Stipulation in favor of more severe sanctions, J’s Liquor, Inc. has the absolute right to withdraw this Stipulation and to have a hearing before the City Council. Dated__________, 2009 City of Falcon Heights By: Justin Miller Falcon Heights, City Administrator Dated: , 2009 J’S LIQUOR, INC. By: Title: POLICY G2 11/18/09 ITEM: Cooperative Agreement with Capitol Region Watershed District for Improvements to Gottfried’s Pit SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: In 2003, the Capitol Region Watershed District (CRWD) completed an engineering evaluation of the Como Subwatershed District 7, which includes Falcon Heights, St. Paul, and Roseville. Through this study, it was determined that Gottfried’s Pit, a stormwater holding pond in Roseville (at the intersection of Larpenteur Avenue and Fernwood Street), collects runoff from approximately 522 acres within the cities named above. The pond was constructed in the 1960’s and it has been modified in 1990 and in 2000. The pond eventually drains into Como Lake. The current configuration of the pond does not meet current design standards and large storms result in flooding along Larpenteur Avenue. Upgrades to this pond have been planned for years, but lack of funding has prevented the project from occurring. Recently, CRWD district staff approached the participating cities about a funding opportunity that they have available. Due to savings in other projects, the district has roughly $294,000 available, but it must be committed to a project by the end of the year or it has to be returned to their debt service fund. CRWD has agreed to pledge these funds to this project, making the other cities shares much lower. The Como Subwatershed District 7 study determined a cost-sharing formula for improvements that occur within this area. The breakdown is as follows: City of Roseville 60.14% City of Falcon Heights 31.23% Ramsey County 2.22% City of St. Paul 6.41% Further, per a resolution approved by Ramsey County, Roseville and Falcon Heights annually share in the operational maintenance costs associated with this pond. It is estimated that this project will cost $508,626, which after the $294,000 CRWD contribution is applied, calls for a Falcon Heights share of $67,028. If this project were completed without the use of CRWD funds, the Falcon Heights share would be $158,843 (31.23% of $508,626). Attached to this report is a cooperative agreement between the City of Falcon Heights and CRWD, similar to the agreement approved in 2006 when the improvements at Como Lake were constructed. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the attached cooperative construction agreement with the Capitol Region Watershed District. JOINT POWERS AGREEMENT THIS AGREEMENT is entered into between the Capitol Region Watershed District, a Minnesota watershed district established under the authority of Minnesota Statutes Chapter 103D (the CRWD), and the city of Falcon Heights, a municipal corporation under the laws of the State of Minnesota (the City), pursuant to the provisions of Minn. Stat. §103D.335, subd. 2, and §471.59. Recitals WITNESSETH: WHEREAS, the CRWD and the City have been planning to bring about stormwater improvements to the Gottfried’s Pit Stormwater System (the Project); and WHEREAS, the Project contemplates and includes pump and pipe replacement and upgrades; and WHEREAS, the Project has been identified and financing participation was determined in the “Como 7 Subwatershed Analysis” report dated November 2, 2003, and prepared by Emmons & Oliver Resources; and WHEREAS, these stormwater improvements are proposed at the Ramsey County Stormwater Lift Station adjacent to the Larpenteur Ave. and Fernwood St. intersection in the cities of Roseville and St. Paul, See Exhibit “A”; and WHEREAS, Capitol Region Watershed District is planning to construct these improvements and commits $294,000 towards the cost of these improvements; and WHEREAS, the City and the County of Ramsey, City of St. Paul, and the City of Roseville (collectively, the Project Partners) have agreed to participate in financing the total cost of the Project, and such participation for the City as is defined herein. NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the funding shares, direction, management and control, contracting, supervision, and liability of the parties in connection with the Project. 2. Funding. Pursuant to estimates prepared by Bonestroo dated September 23, 2009 (See Exhibit “B)the preliminary estimate of the cost of the Project is $508,626.00. The CRWD shall be responsible for payment of the sum of $294,000.00. The City shall pay the lesser of $67,028.00 or 31.23% of the actual cost of construction of the Project, subject to the provisions of paragraph 3. 3. Cost Overrun. In the event actual design and construction costs exceed $508,626.00, the City shall pay an additional 31.23% of the amount by which the final total cost exceeds $508,626.00, to a maximum additional contribution of $6,702.80. Regardless of actual cost, the City’s maximum contribution shall be $73,730,80. The CRWD shall be responsible for additional costs not paid by the Project Partners. 4. Project Management. The CRWD shall manage and direct the Project on its own behalf and on behalf of the City and the Project Partners. The CRWD shall cause to be prepared all construction plans and specifications; shall prepare bid specifications and let the Project for public bidding; shall award the construction and related contracts; shall enter into construction and other contracts on its behalf; and shall direct and manage completion of the Project. 5. Extra Work. All extra work orders or changes to the Project made during construction of the Project shall be subject to approval by change order in writing signed by both parties prior to such construction. 6. Construction Permits. Any construction permits or other permits required for construction of the Project by either party hereto having jurisdiction on the Project are hereby approved. 7. Records and Reports/Payment by City. All records and costs pertaining to the work to be performed under this Agreement shall be kept by CRWD and City in accordance with the established record keeping and accounting procedures developed by each party. Upon completion of the work, CRWD will submit a payment request to the City, payable in full within sixty (60) days of the billing date. 8. Maintenance and Safety During Construction. Maintenance and public safety will be the responsibility of CRWD during the construction phase. 9. Employees. It is further agreed that any and all employees of CRWD and all other persons engaged by CRWD in the performance of any work or services required, volunteered, or provided for herein to be performed by CRWD, shall not be considered employees of City, and that any and all claims that may arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of City. 10. Prior Agreements. All previous agreements regarding stormwater improvements shall remain in effect after the improvements referred to in this Agreement are completed. This Agreement shall have no effect on these earlier maintenance agreements. 11. Non-Discrimination. The provisions of Minn. Stat. §181.59, and of any applicable local ordinance relating to Civil Rights and Discrimination, shall be considered a part of this Agreement as if fully set forth herein. This construction Agreement shall remain in effect until the time the construction contract is terminated by CRWD. 12. Recitals. The recitals in this Agreement are incorporated into the Agreement and constitute obligations and rights. 13. Indemnification. The City and CRWD agree that liability under this Agreement is controlled by Minn. Stat. §471.59, subd. 1a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single use of government as specified in §466.04, subd. 1. CRWD agrees to defend, indemnify, and hold harmless City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of CRWD or those of CRWD’s employees or agents. City agrees to defend, indemnify, and hold harmless CRWD against any and all claims liability, loss, damage, or expense arising under the provisions of this Agreement for which City is responsible and caused by or resulting from negligent acts or omissions of City and or those of City’s employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amount in excess of the limits on liability established in Minnesota Statutes, Chapter 466, applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 14. Project Property Ownership. Upon completion of the Project, all pipes, and other property utilized in connection with the Project shall be the property of the Ramsey County, and the City shall have no interest in or claim thereto. 15. Term. This Agreement shall be effective when approved by the CRWD, the City, and the Project Partners. This Agreement shall expire and be of no further force or effect upon completion of the Project, except that the provisions of paragraphs 7 and 13 shall survive expiration of the Agreement. SIGNTURE BLOCKS TO FOLLOW EXHIBIT A Project Plans for Gottfried’s Pit Stormwater Improvement Project EXHIBIT B Estimated Costs for Construction of Gottfried’s Pit Stormwater Improvement Project Gottfried's Pit Pump Upgrade Costs and Financing 09-15-2009 Gottfried's Pit Pump Upgrade Costs Construction, Engineering, Contingency $460,931 2006 St. Paul Work, Huron sewer upgrade $47,695 Total $508,626 Financing CRWD Excess Funds $294,000 Remaining financing need $214,626 Financing Distribution per 2003 Como 7 analysis $214,626 distribution Roseville 60.14% $129,076 Falcon Heights 31.23% $67,028 St. Paul 6.41% $13,758 Ramsey Cty 2.22% $4,765 Total $214,626 Gottfried Pit Lift Station Modification Preliminary Cost Estimate File 1891-09102 9/14/2009 Unit Quantity Price Total 1 Mobilization LS 1 $ 2 0,000.00 $ 2 0,000.00 2 Grubbing LS 1 $ 5 ,000.00 $ 5 ,000.00 3 Remove & Reinstall curb and Gutter LS 40 $ 2 0.00 $ 8 00.00 4 Remove & Reinstall vinyl fence LS 1 $ 2 ,500.00 $ 2 ,500.00 5 Remove Bituminous SY 200 $ 3 .00 $ 6 00.00 6 Bituminous paving. TN 50 $ 8 0.00 $ 4 ,000.00 7 Site Seeding with Fiber blanket SY 1200 $ 1 .75 $ 2 ,100.00 8 Salvage Agg. CY 125 $ 6 .00 $ 7 50.00 9 Agg Base TN 40 $ 1 2.00 $ 4 80.00 10 Common excavation LS 1 $ 5 ,000.00 $ 5 ,000.00 11 Inlet Pipe 18inch RCP LF 37 $ 7 5.00 $ 2 ,775.00 12 Inlet Structure LS 1 $ 7 ,500.00 $ 7 ,500.00 13 Connect 18 INCH RCP to Existing LS EA 1 $ 1 ,200.00 $ 1 ,200.00 14 Fitting LB 7000 $ 4 .00 $ 2 8,000.00 15 Connect 12 INCH DIP to Existing EA EA 2 $ 8 00.00 $ 1 ,600.00 16 12 CIP Removal LF 305 $ 1 0.00 $ 3 ,500.00 17 12 inch DIP Force Main LF 48 $ 6 2.00 $ 2 ,976.00 18 20 inch HDPE open cut LF 430 $ 5 5.00 $ $ 2 3,650.00 19 20 inch HDPE Directional Drill LF 200 $ 1 35.00 $ 2 7,000.00 20 Temporary Relocate Control Panel LS 1 $ 5 ,000.00 $ 5 ,000.00 21 Salvage existing pumps and controls LS 1 $ 3 ,500.00 $ 3 ,500.00 22 Install LS Piping LS 1 $ 1 2,000.00 $ 1 2,000.00 23 Install Stainless Steel Sluice Gates EA 2 $ 2 ,500.00 $ 5 ,000.00 24 Install Valve Vault with Valves LS 1 $ 3 5,000.00 $ 3 5,000.00 25 Install new pumps EA 2 $ 3 8,000.00 $ 7 6,000.00 26 Install new Control Panel LS 1 $ 3 5,000.00 $ 3 5,000.00 27 Soil Boring EA 2 $3,000 $6,000 28 Pot Hole for utility crossing EA 4 $1,000 $4,000 29 Primary Service Modification LS 30 Temporary By-Pass Pumping LS Sub-Total $ 3 20,931.00 15% Contingency Allowance $ 6 0,000.00 Estimated Engineering Fees $ 8 0,000.00 Total Project $ 4 60,931.00 POLICY G3 11/18/09 ITEM: Emerald Ash Borer Preparedness Program and Grant Application SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Earlier this year, the city council was presented with a proposal to begin a pre-emptive ash tree removal program to help offset the future budgetary and aesthetic impacts of the Emerald Ash Borer (EAB). At that time, the council asked for more information, and the council again discussed the item at the November 4th city council workshop. The City of Falcon Heights has an estimated 296 ash boulevard trees. Our city policy has been that boulevard tree removal and planting is the responsibility of the city, while private trees are the property owner’s responsibility. It is unknown how many ash trees are on private property, but it is reasonable to expect that the number is equal to or greater than the number of boulevard trees. It is likely that within the next ten years that the entire ash tree population will be impacted, and could cost the city much more than what we budget each year for tree removal and re-planting. While the EAB has not been detected within any of our neighborhoods as of yet, it is practically just a matter of time. In order to lessen the impact to the city budget, and to hopefully slow the spread of the EAB, staff is suggesting that we begin to pre-emptively remove ash trees in a methodical pattern. Attached to this report is a proposal from our city forester which outlines the rationale for this program and the expected costs for 2010 and future years. Recently the State of Minnesota made available nearly $2 million in order to address the EAB outbreak. The City of Falcon Heights qualifies to apply for the Planning and Preparedness Grant, which allows for up to $100,000 in awards per city. Attached to this report is a draft application in the amount of $74,684. There is a 15% match requirement that the city will be responsible for, if funded (city match would total $13,179). Due to our close proximity of the detected infestation in St. Paul, staff is confident that our application will be looked at in a positive light. 11/18/09 UPDATE: On Tuesday, November 17th, city staff was notified that a confirmed detection of the Emerald Ash Borer was found on the University of Minnesota St. Paul campus. While this finding was not unexpected, the timing does allow for the city to apply for a different grant – the Incident Response Grants Program. The total award available in this pool of money is $1,000,000, and up until yesterday only the City of St. Paul was eligible to apply. Now that the beetle has been detected in the City of Falcon Heights, staff is recommending that the city apply for both grant programs. The grant request has also been amended to a higher dollar amount due to factoring in more staff time. The revised grant applications are now in the amount of $77,398, with a city match of $13,659. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt a policy of removing all boulevard ash trees within a seven year period (2010-2016), authorize staff to implement such a plan, and approve grant applications in the amount of $77,398 to the State of Minnesota’s 2010 Forest Protection Reserve-Planning and Preparedness and Incident Response Grant Programs. City Forester Report – Emerald Ash Borer Preparedness Program 7 year phased reduction of Ash (Fraxinus) trees on city property Objective: The city of Falcon Heights currently maintains 30% of its public tree stock as ash trees. At this time Emerald Ash Borer (EAB) infestations have been discovered as close as the Hampden Park neighborhood in Saint Paul. Furthermore, adult beetles have been caught in traps located on the Saint Paul campus of the University of Minnesota, approximately 1 mile north of the initial infestation. It is likely that in the coming year trees, both public and private, in Falcon Heights' residential neighborhoods will be discovered as being infested with EAB. Taking proactive measures now regarding the city population of ash trees will benefit us in the future. Previously the city council was presented numbers for chemically treating the existing city ash trees for EAB. It is my conclusion that this would not be a fiscally sustainable course of action as it would be a continued draw on either city and/or resident budgets for the life of the tree. Therefore, I recommend that we develop a phased reduction of the city ash tree population. This type of reduction will allow the city budget to better absorb the cost of removal and replacement. Also, it will allow the replacement trees time to develop so that at the end of the removal process there will be some developed structure to the trees in the city boulevards. By reducing the amount of ash trees in the city we also reduce the amount of potential habitat for EAB larvae which in turn reduces the potential population of the insect. Some areas of the city, in particular the Northome neighborhood, were replanted with only Green Ash after Dutch Elm Disease. These areas will be adversely impacted by EAB. Various methods of forest management could be used to accomplish the goal of phasing out the ash tree on the boulevards. In some areas whole blocks are lined with ash trees. Instead of clear cutting these streets we can selectively thin the ash tree population by removing every third tree for instance. My recommendation is that we begin by removing every third tree in areas such as this and replant. Starting in the areas with the most developed ash trees will greatly reduce larval habitat for the insect. Gradual reduction of the ash tree population will allow residents to adjust to the changes on their streets. The numbers... Total cumulative diameter inches of ash species on boulevards: 4216 inches Assuming 2-3% increase/yr to account for growth of trees since time of inventory: 4500 inches Removals: Cost to remove @$27.05 per diameter inch (2009 pricing) Assuming 2% cost increase per year, removal cost per diameter inch would increase to $31.07 per diameter inches by 2016, the last year of the program. 2010 cost to remove 1/7th of the ash tree inventory which equates to 643 diameter inches at $27.59 per diameter inch: $17,741.00 Stumpgrinding: Cost to grind @$6.03 per diameter inch (2009 pricing) Assuming 2% increase per year, stumpgrinding cost would increase to $7.06 per diameter inch by 2016, the last year of the program. 2010 stumpgrinding cost of 1/7th of the ash tree inventory equates to 707 diameter inches at $6.15 per diameter inch. 10% increase in diameter to account for trunk flare. $4348.00 Replanting: 2” caliper balled and burlapped trees approx $250 per tree depending on species. Labor to install around $200. Removing 1/7th of the ash tree inventory would require 43 replacement trees in 2010. Assuming replacement cost @approximately $400-425 per tree. $17,200-18,275 Total 2010 Ash Tree Program $39,289-$40,364 In accordance with the Americans with Disabilities Act, an alternative form of communication is available upon request. TDD: 1-800-627-3529. MDA is an equal opportunity employer and provider. Plant Protection, Ph: 651-201-6543, Fx: 651-201-6108 AG-03182 10/23/09 Grant Application 2010 FOREST PROTECTION RESERVE – PLANNING AND PREPAREDNESS GRANTS PROGRAM Application data are private or nonpublic data until grant applications are opened. Names, addresses and requested amounts then become public information. An entire application becomes public when an agency has completed negotiating the grant agreement with a grantee. Individual grant applicants do not have to provide the information requested on the application form. If you do not, we will not be able to consider your grant request. The only persons who will have access to your data during the time that it is protected are those permitted access by law, by your written consent, by a court order or by those department employees whose job duties require access. ORGANIZATION PROJECT MANAGER ADDRESS 1 ADDRESS 2 COUNTY CITY STATE ZIP EMAIL PHONE FAX HOW DID YOU HEAR ABOUT THIS GRANT? SUMMARY PROJECT TITLE: PROJECT DURATION START END TOTAL BUDGET REQUEST COUNTY Short Description of Proposed Project (up to 300 words): Project Objectives: 1. 2. 3. 4. 5. City of Falcon Heights Andrew Hovland 2077 W. Larpenteur Ave. Ramsey Falcon Heights MN 55113 justin.miller@falconheights.org (651) 792-7611 (651) 792-7610 E-mailed notices Preemptive Ash Tree Removal and Diversification Program 1/15/10 5/31/11 $74,684.00 (Field automatically fills when form is complete.) Ramsey Due to the immediate proximity of the Emerald Ash Borer (infestations have been found within one mile of our borders), we are planning an aggressive ash tree removal program. Close to 30% of our boulevard tree stock is ash trees, with many streets being lined with only ash trees. Removing our entire ash tree stock within seven years spreads out the total costs over time. By beginning the removal process now we can reduce potential food source for EAB larvae and slow the spread of a future infestation through Falcon Heights as well as surrounding communities. Finally, beginning the removal and replanting process now will mean that by the time we have completed the phased reduction of the ash tree population in the city, the new tree varieties that have been planted will have had time to develop and grow. Eliminate our ash tree population, reduce food source for EAB larvae/phloem reduction, slow the spread of EAB. Spread out removal and replanting expenses over a seven year period to mitigate costly expenditures in one budget cycle. Begin replanting new varieties and allow them to develop so that entire blocks are not replanted at the same time 2. PROJECT DESCRIPTION Answer the following questions in detail about your project. Use the bulleted questions only as suggestions for information to include in your answers. Use the “Evaluation Profi le” sheet found in the RFP to help you design your project. 1. WHY DO YOU WANT TO CARRY OUT THIS PROJECT? Describe your plan for carrying out and evaluating the project over its full length, including a timeline. • What are your goals and objectives for this project? • Explain your abilities and authorities to accomplish project. • Is there a specifi c problem you want to address? • How does this project fi t into your long-term plans for your organization? • What will be the environmental benefi ts? • How will these changes affect your budget? Response: Our goals in this project are multi-faceted . One is to remove our entire boulevard ash tree population within a seven year period, which will hopefully slow the spread of the beetle throughout the metropolitan area by removal of the EAB larval food source. The second objective is to allow us time to begin replanting new varieties of boulevard trees to allow for a more diversified urban forest community. The city would like to avoid having to remove and replant an entire block of trees at one time due to a documented infestation. A phased removal across the city will allow us to replant both in areas with high and low densities of boulevard ash trees. With nearly 30% of our tree stock being ash, losing all of these trees at one time would be tragic. In some cases, entire blocks are lined with a monoculture of mature ash trees. We plan on selectively removing the trees and replanting so that the end result is a more diverse urban forest which will be better able to deal with future insect or disease outbreaks. Spreading the program out over seven years will also allow the city to better manage the added expense that EAB will bring rather than absorbing these expenses in one budget cycle. The City of Falcon Heights employs a contracted city forester who routinely inspects our entire city tree inventory. In addition, the city annually contracts with a tree trimming and removal service who is very responsive to request for tree services. Our city ordinances, along with state statutes, clearly provide the city forester the authority to mitigate disease and insect outbreaks, and the boulevard trees are clearly within city rights-of-way. It has long been the policy of the city that boulevard tree removal and replanting is the responsibility of the city. One of the most defining characteristics of the City of Falcon Heights is our tree lined neighborhoods. Preserving these assets have always been a priority of the city, and our annual forestry budget reflects this priority. However, the increased costs of dealing with an Emerald Ash Borer infestation will strain the city budget and will force us to reallocate funds from other capital projects that have been planned in the city. 3. . . .continued 1. WHY DO YOU WANT TO CARRY OUT THIS PROJECT? 4. 2. DESCRIBE YOUR PROJECT’S DESIGN. • Clearly describe your plan, its implementation, and the needed equipment, supplies and/or materials. • What is the size of the area you are covering and the population affected? • What is innovative and intriguing about what you plan to do? • If applicable, use drawings, maps, or diagrams to help describe what you plan to accomplish. • How will your project be managed and coordinated? Response: We plan on identifying 1/7th of our ash tree stock each year for the next seven years (2010-2016) for removal and replanting. Initially we will attempt to target at-risk or declining tree stock, and then begin to remove other trees in an alternating pattern throughout the city. The removal and replanting tasks will be completed by contractors employed by the city, while the trees to be removed will be identified by our city forester. We will also implement a thorough public outreach campaign by regularly updating the homeowners who have ash trees in their boulevards and asking for homeowners who would prefer that we remove and replant their tree as early as possible. The City of Falcon Heights is approximately 2.5 square miles, and we have ash trees in practically every corner of the city. Our population is 5,800 people, and there are roughly 296 boulevard ash trees within our borders. The program will be managed by our city forester, with administrative assistance from city staff (finance director, public works staff, city administration). 5. . . .continued 2. DESCRIBE YOUR PROJECT’S DESIGN. 6. 3. HOW WILL YOU EVALUATE THIS PROJECT? HOW WILL YOU MEASURE THE EFFECTS OF WHAT YOU ARE DOING? • What will you measure to evaluate the potential results of your project? • How will you know if you have achieved your objective(s)? • What will be compared? Response: 4. PROVIDE A SUMMARY OF QUALIFICATIONS OF THE PROJECT MANAGER IN RELATION TO THIS PROJECT. Response: We will be able to measure the success of the project by reviewing removed trees for evidence of Emerald Ash Borer. If we remove the trees and in future years the EAB appears in surrounding areas, we will know that our approach was correct. A more definitive outcome will be visible in future years when the newly planted trees are reaching maturity and the tree lined street atmosphere returns to the neighborhoods. In future years, due to a more diversified tree stock being planted, outbreaks such as this will be less intrusive and less expensive. Andrew Hovland, our consulting city forester, has overseen the management of our urban forest for the the past two years. He is a certified arborist as well as a certified tree inspector. He is directly responsible for our disease tree inventory which is done multiple time during the growing season. Mr. Hovland contacts city tree removal contractors to coordinate pruning and removal operations of municipal trees as well as coordinating tree replanting efforts in the city. 7. 5. WHO IS INVOLVED IN THIS PROJECT? • Provide a list of the cooperators involved in the project and what their responsibilities will be. • For each cooperator, include name, affi liation, and a short statement of their contribution to the project. COOPERATOR RELATIONSHIP DISCUSSION OF CONTRIBUTION 1. 2. 3. 4. 5. 6. 7. 8. 6. CONFLICT OF INTEREST • Provide a list of all entities with which you have relationships that create, or appear to create, a confl ict of interest with the work that is contemplated in this request for proposals. • List the name of the entity, the relationship, and a discussion of the confl ict. ENTITY RELATIONSHIP DISCUSSION OF CONFLICT 1. 2. 3. 4. 5. 6. 7. 8. Tree Care Companies (determined annually) Contractor Partners with us in the removal and disposition of removed trees Tree Planters Contractor Will assist us in selection of tree varieties and installation of new trees City Forester Contracted employee Will manage and administer the program None 8. 7. TIMETABLE AND MILESTONES WORKSHEET • List the main steps you will take to complete your project for the entire length of the project. • For each activity list the approximate starting and completion dates. ACTIVITY START DATE (MM/YY) END DATE (MM/YY) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Mailing to homeowners with ash boulevard trees 01/10 01/10 Identification of trees to be removed 01/10 03/10 Tree removal 01/10 03/10 Tree re-planting 04/10 10/10 Begin second season 01/11 01/11 Mailing to homeowners with ash boulevard trees 01/11 01/11 Identification of trees to be removed 01/11 03/11 Tree removal 01/11 03/11 Tree re-planting 04/11 05/11 9. GRANT BUDGET WORKSHEETS Please include specifi cs, when possible, for each of the items listed in the following tables. All costs must be directly related to grant activities over the period of the grant and be above and beyond normal operations. 1. PERSONNEL SALARIES NAME OR POSTITION WAGE/HR (IN $) NUMBER OF HOURS COST: GRANT (IN $) COST: MATCH (IN $) 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . 11. . 12. . 13. . 14. . 15. . 16. . 17. . 18. . 19. . 20. . 21. . 22. . 23. . 24. . 25. . SUBTOTAL + . + + GRAND TOTAL = City Administrator 42.88 20.00 729.00 128.00 Finance Director 36.40 20.00 618.00 109.00 Public Works Director 35.88 20.00 610.00 107.00 Public Works Lead Worker 24.69 20.00 434.00 77.00 Public Works Laborer 20.56 20.00 349.00 62.00 100.00 $2,740.00 $483.00 $3,223.00 10. 2. SUPPLIES AND MATERIALS ITEM PURPOSE COST: GRANT (IN $) COST: MATCH (IN $) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. SUBTOTAL + GRAND TOTAL = $0.00 $0.00 $0.00 11. 3. OUTREACH EXPENSES ITEM PURPOSE COST: GRANT (IN $) COST: MATCH (IN $) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. SUBTOTAL + GRAND TOTAL = Postage Mailing information to residents 225.00 40.00 $225.00 $40.00 $265.00 12. 4. CONTRACTS, CONSULTANTS AND OTHER PURCHASED SERVICES (ex: technical assistance, analysts) NAME OR POSTITION FEE/HR (IN $) NUMBER OF HOURS COST: GRANT (IN $) COST: MATCH (IN $) 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . SUBTOTAL + + + GRAND TOTAL = 5. OFFICE EXPENSES (ex: telephone, copier) ITEM PURPOSE COST: GRANT (IN $) COST: MATCH (IN $) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SUBTOTAL + + GRAND TOTAL = Tree Removal 31,025.00 5,475.00 Stump Grinding 7,544.00 1,331.00 Tree Replanting 29,750.00 5,250.00 City Forester-Consultant 50.00 80.00 3,400.00 600.00 80.00 $71,719.00 $12,656.00 $84,375.00 $0.00 $0.00 $0.00 13. 6. TRAVEL NAME OR POSTITION NUMBER OF MILES COST/MILE (IN $) COST: GRANT (IN $) COST: MATCH (IN $) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SUBTOTAL + + + GRAND TOTAL = 7. OTHER ITEM PURPOSE COST: GRANT (IN $) COST: MATCH (IN $) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SUBTOTAL + + GRAND TOTAL = 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 14. BUDGET SUMMARY Enter the totals from Tables 1-6 on the form below. ITEM COST: GRANT (IN $) COST: MATCH (IN $) 1. PERSONNEL SALARIES 2. SUPPLIES AND MATERIALS 3. OUTREACH EXPENSES 4. CONTRACTS, CONSULTANTS AND OTHER PURCHASED SERVICES 5. OFFICE EXPENSES 6. TRAVEL 7. OTHER GRAND TOTAL = Once completed, send the application by email, mail or fax to: Robert Koch Minnesota Department of Agriculture Plant Protection Unit 625 N. Robert St. St. Paul, MN 55155 Phone: 651-201-6543 Fax: 651-201-6108 robert.koch@state.mn.us Deadline for receiving completed applications by the Minnesota Department of Agriculture is 2:30 p.m. CST, on Friday, November 20, 2009. • Keep a copy of the submitted application for your records; • Incomplete applications will be rejected. • 2,740.00 483.00 0.00 0.00 225.00 40.00 71,719.00 12,656.00 0.00 0.00 0.00 0.00 0.00 0.00 74,684.00 13,179.00 15. STATE OF MINNESOTA VETERAN-OWNED/SERVICE DISABLED VETERAN-OWNED PREFERENCE FORM In accordance with Laws of Minnesota, 2009, Chapter 101, Article 2, Section 56, eligible certified veteran-owned and eligible certified service-disabled veteran-owned small businesses will receive a 6 percent preference in the evaluation of their proposal. Eligible veteran-owned and eligible service-disabled veteran-owned small businesses include certified small businesses that are majority-owned and operated by either (check the box that applies and attach the certification documents required with your response to this solicitation): (1) recently separated veterans, who are veterans as defined in Minn. Stat. §197.447, who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; or Required Documentation: certification by the United States Department of Veterans Affairs as a veteranowned small business discharge form (DD-214) dated on or after September 11, 2001 with condition honorable (2) veterans who are veterans as defined in Minn. Stat. § 197.447, with serviceconnected disabilities, as determined at any time by the United States Department of Veterans Affairs. Required Documentation: certification by the United States Department of Veterans Affairs as a servicedisabled veteran-owned small business. Eligible veteran-owned and eligible service-disabled veteran-owned small businesses must be currently certified by the U.S. Department of Veterans Affairs prior to the solicitation opening date and time to receive the preference. Information regarding certification by the United States Department of Veterans Affairs may be found at http://www.vetbiz.gov . You must submit this form and the documentation required above with your response in order to be considered for this preference.