HomeMy WebLinkAboutCCAgenda_93Feb10 City of Falcon Heights
AGENDA
Regular Meeting of the City Council
February 10, 1993
I. CALL TO ORDER: 7 p.m.
II. BALDWIN CIERNIA GEHRZ GIBSON TALBOT
JACOBS CHENOWETH HOYT ATTORNEY
ENGINEER
III. COMMUNITY FORUM
IV. APPROVAL OF MINUTES: January 27, 1993
V. PUBLIC HEARING: None
VI. RECOGNITION
R -1. Recognition of Mrs. Judy Sabean and Neighborhood Watch
Captains for 100% of the city in a neighborhood watch
area
VII. CONSENT AGENDA:
C -1. Disbursements
(a) General Disbursements through 2/4/93,
$1,135,468.19
(b) Payroll, 1/15/93 through 1/31/93, $11,504.90
C -2. Award of the tree pruning contract for 1993
C -3. Award of tree removal and emergency pruning to S S
Tree Specialists
C -4. Request for reimbursement of costs from Mr. and Mrs.
King, 1427 W. Idaho
C -5. Proposed Resolution proclaiming the week of March
7 -14, 1993, as "Volunteers of America Week" in Falcon
Heights
C -6. Donation of 1972 sewer router to the City of Hugo for
parts
C -7. Licenses
VIII. POLICY AGENDA:
P -1. Resolution calling for a hearing on proposed 1993
street improvements
ACTION:
P -2. Discussion of a possible contract for services for
audio /visual design and specifications
ACTION:
P -3. Volunteer Recognition Event
ACTION:
IX. INFORMATION AND ANNOUNCEMENTS:
X. ADJOURNMENT
MINUTES
REGULAR CITY COUNCIL MEETING
JANUARY 27, 1993
Baldwin convened the meeting at 7:00 p.m.
PRESENT
Baldwin, Ciernia, Gibson Talbot and Jacobs. Also present were
Bachman, Chenoweth and Hoyt.
ABSENT
Gehrz.
ADDENDA TO AGENDA
Council approved the addition of the following items to the
agenda: 1) Consent Agenda Item C -6, Resolution in Support of
Application for a Community Development Block Grant by Northwest
Youth and Family Services, 2) Policy Agenda Item P -2,
Consideration of bids for $1,200,000 G.O. TIF Bonds of 1993, and
3) Policy Agenda Item P -3, Resolution Calling Outstanding G.O.
TIF Bonds of 1985 for Redemption.
MINUTES OF 1/13/93 APPROVED
Council approved the Minutes of January 13, 1993 by unanimous
consent.
CONSENT AGENDA APPROVED
The following Consent Agenda was approved by unanimous consent:
1. Disbursements
a. General Disbursements through 1/21/93, $268,260.92
b. Payroll, 1/1/93 1/15/93, $12,738.67
2. Licenses
3. Authorization to purchase new John Deere Snowblower
from Scharber Sons at a cost of $1,049.03
4. Approval of personnel actions for 1993
5. Adoption of Resolution R -93 -06 Amending the Variance
approved 5/27/92 for 2099 Folwel l
6. Adoption of Resolution R -93 -07 Supporting Application
for a Community Development Block Grant by Northwest
Youth and Family Sevices
SALE OF $1,200,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING
BONDS OF 1993 (BULLSEYE AND COFFMAN PROJECTS)
The city's Fiscal Consultant David Maroney explained that the
nine bids received were opened at 11:00 a.m. on January 27, 1993
and presented the bids to council. Maroney recommended awarding
the bid to the low bidder, John G. Kinnard and Company, Inc. at
MINUTES
JANUARY 27, 19 9 3
PAGE 2
an interest rate of 4.6079 Ciernia moved, seconded by Gibson
Talbot, adoption of Resolution R -93 -08 which carried unanimously.
RESOLUTION R -93 -08
A RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION
TAX INCREMENT REFUNDING BONDS OF 1993; AUTHORIZING THE
ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS
AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND
THE SECURITY THEREFOR
ADOPTION OF RESOLUTION CALLING OUTSTANDING G.O. TIF BONDS OF
1985, SERIES B FOR REDEMPTION (STRATFORD PROJECT)
Baldwin presented the proposed resolution after which Jacobs
moved, seconded by Gibson Talbot, that Resolution R -93 -09 be
adopted. Motion carried unanimously.
RESOLUTION R -93 -09
A RESOLUTION CALLING OUTSTANDING GENERAL OBLIGATION
BONDS OF 1985, SERIES B FOR REDEMPTION
REQUEST FOR NECESSARY VARIANCES FOR A GARAGE AT 1433 W. IDAHO
Hoyt explained that Mr. Tom Brace and Mrs. Gunta Brace, 1433 W.
Idaho, had applied for and were issued a building permit for
construction of a 988 square foot garage, and that the
construction proceeded until the city determined that the
building did not conform to the zoning code. She then reviewed
the staff report dated January 20, 1993 (a copy of which is on
file in the city office) addressing subsequent actions such as
determination that the garage did not conform to the code,
issuance of a stop work order and the city attorney's
determination that it would be appropriate for the property
owners to apply for all necessary variances. The specific
variances are 1) a five -foot rear and sideyard setback, Ch. 9
Section 2.04, Subd 1(c), 2) rear yard coverage, Ch. 9, Section
2.04, Subd 2(b) and 3) Maximum number of off- street parking
spaces per dwelling unit, Ch. 9, Section 4.01, Subd. 5(e).
Three alternative actions presented for consideration were 1)
grant all necessary variances for the garage as built and lift
the stop work order, 2) Deny all variances and require downsizing
to 600 square feet and make no offer to pay costs and 3) Grant
the variances to downsize the garage to 780 square feet and offer
to pay the property owners the cost of downsizing.
Ciernia, who serves as council liaison to the Planning Commission
reviewed the commission's 4 hour discussion at their January 25,
MINUTES F r/ r
JANUARY 27, 19 9 3
PAGE 3
1993 meeting and commented on the complexity of the problem
created by the city's error in misinterpreting the code. He
explained that the new garage has the same boundary on the south
as the old garage, does not further encroach into the yard, but
extends further towards the alley and this fact had an impact on
the commission's decision to recommend approval of all necessary
variances with conditions. It was viewed that the structure
would not have a "substantial" negative impact on either
neighboring property as it reduces visibility only to the alley.
Tom Brace, 1433 W. Idaho, commented on his economic loss, as he
had removed a good existing two car garage to construct the new
four car garage, had made every attempt to be sure that the
garage was correct, and had kept his neighbors informed regarding
the size and placement of the garage. He had also hired an
appraiser who determined the structure would not decrease
property values. Other oversized garages in Falcon Heights,
Roseville and the Como area of St. Paul had been researched and
no negative comments were received. Mr. Brace circulated photos
of some of these oversized garages. He also indicated he had
circulated a petition which had been signed by his neigbors
except for Mrs. King, who was not asked to sign.
Helen King, 1427 W. Idaho, stressed that she had spent a great
deal of money on repairs and landscaping on her property and her
appraiser indicated a property devaluation due to the garage.
She wanted the council to protect the character of the
neighborhood, to look at the whole neighborhood, not just
abutting properties. She asked that the city stick to the
codes. Mrs. King indicated she had also researched garages in
Roseville where lots are much larger than in her neighborhood and
found nearly all had two car, not three or four car, garages.
Tom McClintick, 1417 W. Idaho, said he signed the petition, but
was displeased with the city dropping the ball in this matter.
A discussion ensued regarding standards for granting variances
and how it is determined whether or not certain standards apply.
Bachman explained that the financial interest of the garage owner
and the fact that the permit was issued in error makes this an
unusual circumstance which does impact a property right
substantially.
Baldwin indicated he had no trouble with the Planning
Commission's findings and recommendation to grant the variances,
however, suggested deleting the portion of the condition attached
to the variance regarding replacement of the structure if it is
intentionally damaged by a party other than the property owner.
_g
MINUTES
JANUARY 27, 1993
PAGE 4
All councilmembers concurred and the condition will be amended to
reflect that change.
Following further discussion Ciernia moved that the Planning
Commission's findings, conditions (as amended) and recommendation
be accepted and that Resolution R -93 -10 be adopted. Motion
carried unanimously.
RESOLUTION R -93 -10
A RESOLUTION GRANTING NECESSARY VARIANCES (WITH CONDITIONS)
AND STATING FINDINGS FOR CONSTRUCTION OF A GARAGE AT 1433
WEST IDAHO AVENUE
INFORMATIONAL ITEM NOTED
1. Parks and Recreation Commission Minutes of 1/11/93
ADJOURNMENT
The meeting was adjourned at 8:55 p.m.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
OGNI ION RJ COGN 'I:f ION
Meeting Date: 2/10/93
Agenda Item: R -1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Recognition of Ms. Judy Sabean and
Neighborhood Watch Captains for 100% of the
city in a neighborhood watch area
SUBMITTED BY: Mayor Tom Baldwin
REVIEWED BY:
EXPLANATION /SUMMARY:
Falcon Heights resident Judy Sabean has been active in getting
the "Neighborhood Crime Watch" program implemented throughout the
area. Her efforts along with many others make Falcon Heights the
first all neighborhood crime watch city in Minnesota.
ATTACHMENT:
A Resolution recognizing Judy Sabean
ACTION REQUESTED:
Recognize Falcon Height's resident, Judy Sabean, for her efforts
and the efforts of many neighbors in implementing the
Neighborhood Crime Watch Program.
CITY OF
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675
February 25, 1993
TO: Mayor and Councilmembers
FROM: Susan Hoyt, City Administrator
RE: Disbursements
Since our council meeting on February 24, 1993 was cancelled, I am
enclosing the list of disbursements which must be approved by you.
Please call by 4:30 p.m. on Monday, March 1st, if you are not in
agreement with this list, otherwise we will consider them approved.
Thanks.
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
h
AIIIIIMINIMAYMMONAMMORMSOIN
�`T Pr11NT FCYCLED PAPER
1F& crn 1's1
CONSENT AGENDA
February 24, 1993
1. Disbursements
(a) General Disbursements through 2/18/93, $66,536.09
(b) Payroll, 2/1/93 2/15/93, $11,870.60
CHECK DATE 02118/93 '0 02/18/93 PAbE
i
SYSTEM DniE 02/18/93
1 TIME 02:28 CHECK REGISTER
1
L
1 DiiN.K_ CHECK VENDOR NAME CHECK CHECK
DATE NUMBER NUMBER AMOUNT
01 02 18 93 129 AlT 27724 R 26.06
1_
02 18 93 228 AMERICAN SOCIETY FOR 27725 R 102.00
5
02 18 93 250 AMERICAN LINEN SUPPLY CO. 27726 R 34.13
7 02 18 93 275 AMERICAN NATIONAL BANK 27727 R 110.00
02 18 93 280 AMERICAN PLANNING ASSOC. 27728 R 123.00
02 18 93 800 DROWNING IND. 27729 R 138.45
02 18 93 3248 COMPUTER PRODUCTS PLUS 27730 R 70, 50
02 18 93 4088 FIRE INSTRUCTORS ASSN. MN 27731 R 215.19
02 18 93 4095 FIRST TRUST 27732 R 665.50
02 18 93 5115 GOPHER STATE ONE-CALL 27733 R 10.00
02 18 93 5132 HART FORS SYSTEMS 27734 R 696.51
02 18 93 5133 HAML1NE HARDWARE 27735 R 29.80
oa 18 93 5135 HARVEST STATES COuP. 27736 R 34.50
02 18 93 5,225 LNSTY-PRINTS 27737 R 682.94
02 18 3 5270 IVERSON. TERRY 27738 R 10.00
02 18 93 5300 JANKE, KATHLEEN 27739 R 80.00
02 18 93 5345 JENSEN HICKEN GEDDE SCOTT 27740 R 83.00
02 18 93 5363 KEHOE OFFICE FURNISHINGS 27741 R 17.70
02 18 93 5400 KRIEGLER, CAROL 27742 R 146.78
02 18 93 5517 LEONARD, STREET DEINARD 27743 0 e285.42
02 18 93 5620 MA1E0 E'rEWART AsSOC. 27744 R 27242.74
02 18 93 5682 MIDWAY FORD COMPANY 27745 IR 109.15
02 18 93 5683 MIDTOWN CLEANERS 27746 0 19.17
02 18 93 5685 MIDWEST BUSINESS PRODUCTS 27747 R 173.77
0 02 18 93 5827 MOODY's INVESTORS SERVICE 27748 R
20
0 1 02 18 93 5870 NSP 27749 R 1875.04
L- 02 18 93 5970 NORTH SIAR SVATE BANK 277t30 R 2953.55
31 02 18 93 6074 PER A 27751 R 1211.93
1 32
02 18 93 6090 PAKOY. GENE 27752 R 83.60
33 02 18 93 6103 PETERSON, GREG 27753 R 30.90
24' 02 18 93 6177 SI. PAUL RAMSEY 27754 R 54.65
I
1351 02 18 93 6270 ROAD RESCUE. INC. 27755 R 146.17
136
27756 R 21512.00
02 18 93 6290 CITY OP ROSEVILLE
1 02 18 93 6660 TARGET 27757 R 246.77
02 18 93 6920 UNITED LABORATORIES 27758 R 293.44
02 18 93 6940 USWEST CELLULAR 27759 R 6.39
02 18 93 6945 USWEST COMMUNICATIONS 27760 R 405.42
41
02 18 93 7168 WILDER FOUNDATION 27761 R 100.00
02 18 93 10010 BRODERIC;, BERNARD 27762 R 9.86
,.3
**TOTAL REGULAR CHECKS** 66536.09
**TOTAL MANUAL CHECKS*** 00
*TOTAL REG. AND MAN. CRS* 66536.09
**TOTAL VOIDED CHECKS*** .00
******GRAND TOTALS****** 66536.09
El\D DA1E 02/15/93 **FILE NOT UPDATED** PAGE 1
sysrEA mrE 02/1593
I CHECK REGISTER
1
_CHEEK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER
NUMBER AMOUNT
2
3
__.0 2 J.5 93 3 Q_BAUMANN, NICHOLAS 21026 250.80
0 2 15 93 31 BERNDT, ROSS 21027 137.51
fi 0 2 15 93 32 BROWN, RAYMOND 21028 216.38
s,
_O 2 15 93___ 33 HOLM6REN, JOHN SR. 21029 115.50
0 2 15 93 34 KURHAJETZ, CLEMENT 21030 129.38
8
0 2 15 93 35 LINDIG, LEO 21031 75.29
9
D 2 15 93 36 SCHAUFFERT, CRAIG 21032 41.13
H 0 2 15 93 38 MORGAN, JAY 21033 58.84
15 93 40 ANDERSON, KEVIN 21034 121.72
1
0 2_1 93 41 BIANCHI, DAVID P 21035 36.75
1-3-- 0 2 15 93 42 CLARKIN, MICHAEL D. 21036 116.63
0 2 15 93 43 DOW. MICHAEL J 21037 125.90
1-5
0 2 15 93 45 FULLER. JAMES D. 21036 63.86
1 0 2 15 93 47 HEROLD, NATHANIEL 21039 86.23
0 2 15 93 48 HOLMGREN, JOHN H. 21040 135.e6
0 2 15 93 49 LeMAY, DUUGLAS 21041 107.18
0 2 15 93 50 MARTINEZ, JOSEPH L. 21042 48.29
0 2 15 93 51 McDERMOND, CINDY K. 21043 28.00
0 2 15 93 52 McNABB, GERALD 21044 21.00
0 E 15 93 53 McNOBB, KEVIN 21045 50.86
0 2 15 93 55 OLSON, JOSEPH E. 21046 35.88
0 2 15 93 56 PETERSON, GREGORY S. 21047 179.58
0 215 93 57 SCHAEFER, RICHARD 21048 89.26
f 2
0 2 15 93 53 FULLER, GREGORY M. 21049 249.67
2 15 93 60 IVERSON, TERRY D. 21050 38.50
1
0 2 15 93 61 DENNIS G. LEMAY 21051 37.94
r
0 1 0 2 15 93 62 SCHULTZ BRYON A. 21052 65.55
0 2 15 93 1001 CHENOWETH, SHIRLEY 21055
911.62
3;
0 2 15 93 1002 TAFF, SUSAN HOYT 21056 1346.05
1 32
0 2 15 93 1003 IVERSON, TERRY 21057 876.48
THOMAS 21058 1131.24
134 0 2 15 93 1005 KRIEGLER, CAROL 21059 536.71
3, 0 2 15 93 1006 MORGAN, J 21060 AY 888.51
2 15 93 1007 PHILLIPS, PATRICIA 21061 759.51
0 2 15 93 1008 SWENSON, DELORIS 21062 700.45
13, 0 2 15 93 1009 WRIGHT, VINCENT 21063 873.59
0 2 15 93 1033 TRETSVEN, DAVE 21064 245.67
0 2 15 93 1053 LIEH HPN 21065 166.51
0 2 15 93 1075 GREGORY R HOAG 21066 210.07
4-, 0 2 15 93 1077 MARK R. HILLSTROM 21067 e10.86
L_
0 2 15 93 1078 MICHAEL R SHIER 21068 189.34
0 2 15 93 1060 LASSER BRADLEY D. 21069 79.40
1.,.-
Q 2 15 93 1081 ANDY STEPHAN' 21070 77.46
1
17
****707ALS**** 11870.60
r o
53
13-
No. R -93-
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Feb. 10, 1993
A RESOLUTION COMMENDING VOLUNTEER COORDINATOR JUDY SABEAN AND ALL
THE NEIGHBORHOOD BLOCKWORKERS FOR THEIR DEDICATION TO A
SUCCESSFUL NEIGHBORHOOD WATCH PROGRAM
WHEREAS, the City of Falcon Heights has become the first city in
Minnesota with 100% of all residential blocks as part of a Neighborhood
Watch program; and
WHEREAS, this program sponsored by the Roseville Police Department,
is designed to make residents more concerned about their neighbors and bring
cooperation and communication into the neighborhoods; and
WHEREAS, this communication among neighbors and the police helps
provide friendly and more secure neighborhoods, and
WHEREAS, Judy Sabean, Falcon Heights Neighborhood Watch Volunteer
Coordinator has given much of her time and talent to reach this 100%
distinction;
NOW THEREFORE, BE IT RESOLVED by the city council of the City of
Falcon Heights that Coordinator Judy Sabean and all other Neighborhood Watch
Blockworkers within the city be commended for their dedication to a
more caring and safer community.
Moved by Approved by
BALDWIN Mayor
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT
Attested by
City Clerk
Date
Meeting Date: 2/10/93
Agenda Item: C 1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Disbursements
SUBMITTED BY: Tom Kelly, Financial Director
EXPLANATION /SUMMARY:
(a) General Disbursements through 2/4/93, $1,135,468.19
(b) Payroll, 1/15/93 to 1/31/93, $11,504.90.
ACTION REQUESTED: Approval
::::.onset Consent Consent Consent Consent Consent C
LA E
81/6 Efr D1-1 E C}.:1;•..)4/9.-L i
t ;IME 01:42 CHECK REGISTER
RANK l',1-it=ry. VENDOR INFIPIE CHELK CHEF' ill
DATE NUMBER NUtIBER AMOUNT
2[
131
1
14 01 01 29 93 950 BOARD OF WATER COMMISION 27657 R 119.33
s l■ 5
1 29 93 3100 D-1AMP I ON AUTO SI ORE E.-:.1..8 27658 R 16.97
6 k -.7; q= I I 2 01 29 93 3526 DAVIES WATER EQUIPMENT CO 27660 R 73.80
8 01 29 93 5031 FOCUS NEWSPAPEf7S 27661 R 18.25
'111_,SALESUEE211,1,85._40
10 01 29 93 5083 GENERAL SAFETY EiTtUIP. 27663 R 129350.00
11 01 29 93 5245 INTERMEDIATE DIST. 287 27664 R 200.00
12
i. AI
01 29 93 5360 KELLY, TOM 27666 R
1 1 01 29 93 5363 KEHOE OFFICE FURNISHINGS 27667 R 877.00
q.3 s."■tin kniv Tr.c1 RI tR TNFRs mAr.HINFA R R A •a__Cla_________L_____
01 29 93 5510 LEAGUE OF MN CITIES
01 29 93 5755 MN DEPARTMENT OF REVENUE 27669 R 91.20
27670 R
1172.27
1 1:. s
01 29 93 5797 MN STATE FIE DEPT. ASSOC 276721 73.00
b 29 9 W
4,- 3 58 15 muNici -PALS 4 2767 Rc;,' i 0 0 0 -1 1
k. -'-x- 5.4 Alto. 4...;...=
01 29 93 5871 NSP 27675 R 2026.91
I 01 29 93 5970 NORTH STAR S1 ATE BANK 27676 R 3243.39
01 pq q3 5(174 PFRA 27677 R 1156.94
01 29 93 6150 RCLLG 2 R 366.40
01 29 93 6160 RSVP 27679 R 1.50
0 _93 61E15 RAmsEyaaully 27_64_0_.R ____.55.P.a.5 6_______
281
01 29 93 6332 ROSEVILLE PLUNBING HG. 27681 R 249.50
j 29
01 29 93 6417 SCHOOL DISTRICT 621 276s2 R 190.00
30
01 9; 55.‘".5 FillPFF7 AirFRT CA 27683 R 1E3.03
31 01 29 93 66(10 TAFF, SUSAN HOYT 27684 R 19.85
)32 01 29 93 6935 UNITED WAY 27685 R 53.00
33 01 P9 r4, 5945USWESS_c0timubl1caLmhi_____ 27F R 61.96
34 (:)2 04 93 5900 NATIONAL LEAGUE OF CITIES 27687 tit 275.00
135 02 04 93 250 AMERICAN LINEN SUPPLY CO. 27691 R 36.12
1 136 c)4 c33 275 AMERICAN NATIONAL BANK 27692 R 759425.00
37 02 04 93 930 BLOMBERG PHARMACY 27693 R 11.96
1 38 1 02 04 93 3089 C ASH 27694 R L.8.70
OP 04 '33 111)01:1CAMP_LUN AUTO STORE238 2769,74_11.____
141 02 04 93 3150 COLONIAL INSURANCE 27696 R 305.25
)41, 02 04 53 4095 FIRST TRUST 27697 R 139687.50
42
04 93 5045 F11! L,ER S RADIO SALES 27698 R 1629.00
43 02 04 93 5150 HERMES FLORAL COMP. 27699 R 19.98
I 44 08 04 93 5170 HOISINGTON 1-KOEGLER GROUP 27700 R 882.76
45
(>P 04 g:i 500 intisLitatiFiEtiENL.,...TRLIELAtizL 50.00
46
(>2 04 93 5270 IVERSON. TERRY 27702 R 61.84
47
02 04 93 5360 KELLY, TOM 27703 R 325. (>0
481
T.7. 1' q 57q KNUTSPN SERVIrES. IAr 27704 R 2462.70
49 02 04 93 5403 DAVID W. KRIESEL, INC. 27705 R 500.00
)50 02 04 93 5450 LEAGUE Of- MN CI TIES Ir4S T 27706 R 29619.00
51 l'" 04 93 f P1 NG MA I NTENI 27707 R 207.68
52 02 04 93 5665 METRO. WASTE CONTROL COMM 27708 R 48540. 00
53 02 04 93 5685 MIDWEST BUSINESS S PRLIDUCTS 27709 R 14(1.44
54 04 5968 BERKLEY r‹.191-t SERVICES INC 2771,0 R 289. C}C)
55 02 04 93 6075 PER A 27711 R 36.00
1 02 04 93 6320 SACC 27712 R 12.00
‘k2
A
i
CHECK DATE 01/28/93 TO 02/05/93 PAGE 2
SYSTEM DATE 02/05/93
TIME 01:01. CHECK R E G I S T E R
1I 1 a R NAMC CI ICCK CrHCCI
2 DATE NUMBER NUMBER AMOUNT
3r
)i 5 02 04 93 6330 ROSEV I LLE ROTARY CLUB 27713 R 163.50
6 02 04 93 6415 SCHARBER SONS 27714 R 1063.84
7 N HARDWRRC ,::7715 f; X27.
02 04 93 6600 TAFF, SUSAN HOYT 27716 R 165.00
02 04 93 6680 TOLL COMPANY 27717 R 47.43
70' 02 04 C3 71.33 AC1;-'- INC 07718 R 1E
-)11 02 04 93 90006 STEVEN TENNEY 27719 R 100.00
12
13
}14
15 **TOTAL REGULAR CHECKS 1135193 19
16 *TOTf L J1 ML U( CHECKS
)77 **TOTAL VOIDED CHECKS
18 *GRAND TOTALS 1135465.19
)20
21
22
}23
24
,126
1 27
28
y 2
30
37
1 33
'341
E :35
■36F
1371
1391
40,
�a1
421
43
1 44
45
46
47
4a
49
50
153
54
4 5 51
PERIOD END DiTE 01/31/93 *FILE NUT UPDATED** PAGE 1
SYSTEM DATE 01/29/93
C H E C K R E G I S T E R
r
CHECK CHECK EMPLOYEE NAME CHECK CHECK
1 TYPE DATE NUMBER NUMBER AMOUNT'
2
3, 0 1 29 93 1 BALDWIN, THOMAS 20986 300.31
4 0 1 29 93 6 GEHRZ, SUSAN 20987 277.05
5 0 1 29 93 7 CIERNIA. PAUL 20988 227.05
6 0 1 29 93 8 JACOBS. SAM 20989 277.05
7 1 29 93 10 JAN GIBSON TALBOT 20990 169.05
8i 0 1 29 93 30 BAUMANN, NICHOLAS 20991 47.24
9i 0 1 29 93 31 BERNDT. ROSS 20992 43.00
10 0 1 29 93 32 BROWN, RAYMOND 20993 63.00
ril 0 1 29 93 33 HOLMGREN, JOHN SR. 20994 135.00
121 0 1 29 93 34 KURHAJETZ, CLEMENT 20995 53.00
131 0 1 29 93 35 LINDIG, LEO 20996: 57
14€ '0 1 29 93 '.36 SCHAUFFERT, CRAIG 20997 135.00
115; 0 1 29 93 38 MORGAN, JAY 20998 18.84
1161 0 1 29 93 49 LeMAY. DOUGLAS 20999 21.50
0 1 29 93 1001 CHENOWETH. SHIRLEY 21002 865.67
i 181 0 1 29 93 1002 TAFF. SUSAN HOYT 21003 1346.05
cca 110, 0 1 29 '33 1003�VE(SON. ERRY 21 88 2
201 0 1 29 93 1004 KELLY, THOMAS 21005 1228.58
1271 0 1 29 93 1005 KRIEGLER, CAROL 21006 274.27
1 0 1 29 93 1006 MORGAN JAY 21007 826.21
23 1 0 1 29 93 1007 PHILLIPS, PATRICIA 21008 717.39
1241 0 1 29 93 1005 SWENSON, DELORIS 21009 653.48
m 25 1 d 1 29 93 1009 WRIGHT, VINCENT 2r010 898:79
26 0 1 29 93 1031 TREEFUL, LINDA 21011 81.26
LT 0 127' 0 1 29 93 1033 TRETSVEN, DAVE 21012 289.34
v 3 .5
281 0 1 29 93 1040 SKELLY. JERRY 2101 1015
U
29 0 1 29 93 1052 JEFF P KAPHING 21014 163.65
3O 0 1 29 93 1053 LIEH HAN 21015 131.88
314 0 1 29 93 1067 PAULA PRESTON 21016 26.67
32 0 1 29 93 1068 STEPHEN MICHAEL CARNES 21017 85.88
33 0 1 29 93 -1075 GREGORY R: =HOAG 21018 174.75
34 0 1 29 93 1077 MARK R. HILLSTROM 21019 2
35 0 1 29 93 1078 MICHAEL R SHIER 21020 278.96
1361 0 1 29 93 1080 LASSER BRADLEY D. 21021 92. 30
siesa
-137, 0 1 29 93 1081 ANDY STEPHANI 21022 106.3/
381
X 391
I40i
41' *TOTALS 11504.90
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Meeting. Date: 2/10/93
Agenda Item: C -2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Award of the tree pruning contract for 1993
SUBMITTED BY: Shirley Chenoweth, City Clerk
Linda Treeful, City Forester
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Staff recommends awarding the tree pruning contract to S S Tree
Specialists for 1993. The recommendation is based upon the
following
1. The pruning costs used in 1992 for the Grove will remain
constant for the Northeast section of the city (175 trees)
or about 7,105.53. This was a competitive price when
received in 1992.
2. The forester was pleased with the care, attention and
accuracy of the pruning carried out by S S in 1992.
3. Saving the staff time and money spent on preparing and
mailing an RFP.
ATTACHMENTS:
A Proposal for pruning the Northeast quadrant from S S
ACTION REQUESTED:
Award the city's tree pruning contract to S S Tree Specialists.
ACTION REQUESTED: Approval
Chien Consent
Meeting Date: 2/10/93
Agenda Item: C 3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Award of tree removal and emergency pruning
to S S Tree Specialists
SUBMITTED BY: Shirley Chenoweth, City Clerk
Linda Treeful, City Forester
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Over the past years, the city has requested proposals for its
tree removal and emergency pruning service. Few proposals have
been received. Last year only one proposal was received from
Thommes and Thomas. This year the staff recommends using the
proposal from S S Tree Specialists rather than seeking
competitive proposals for the following reasons:
1. The price is competitive with last year's costs from Thommes
and Thomas. The total cost is about $5,000 to $6,000 a
year depending on storm damage and disease.
Thommes and Thomas (1992) S S (1993)
Diameter Cost per Diameter Cost per
0 -9.9" $2.00 0 $3.00
10.0- 19.9" 10.00 10.0- 19.9" 10.00
20.0- 29.9" 12.00 20.0- 29.9" 13.00
30" over 13.00 30" over 14.00
Pruning: $42.50 /hr. /man Pruning: $65 /hr. /man
Emergency trimming /removal: Emergency trimming /pruning/
$80 /hr. /man removal: $95 /hr. /man
(S S prunes more quickly and efficiently than Thommes and
Thomas and, therefore, the time and dollars spent pruning should
not be anymore cost to the city in 1993.)
2. Thommes and Thomas was inefficient in providing service last
year. Several tree stumps were left for weeks prior to
removal as were some branches and trunks. S S was
reliable and will be in town for the routine trimming.
ACTION REQUESTED: Approval of S S Tree Specialists for the
tree removal and emergency pruning.
PROPOSAL
TRIMMING OF TREES
ON PUBLIC PROPERTY
IN THE CITY OF FALCON HEIGHTS
PROPOSAL OF: S S Tree ,Specialists Inc.
ADDRESS: 6214 Concord Boulevard East
CITY: Inver Grove Hei:hts MN ZI I 55076
PHONE: 451 -8907
Proposals are due at the City Hall on or before August 18, 1992 by
4:30 P.M.
The undersigned, having xamined the specifications
5 and ro s ai
o
p proposal hereby agrees to furnish all labor, equipment, material,
skills and tools necessary to trim trees at the following prices:
Trimming of public property trees:
Trimming
Diameter (DIM) ost
10" and under 2.49 /inch
11 -20" 3.90 /inch
21 -30" 4.49 /inch
Over 30" 5.70 /inch
Total cost for trimming all trees in
designated area not to exceed: S 7,105.53
(including sales tax)
All prices quoted shall be compensation in full for trimming of
trees and removal of debris as indicated in•the specifications.
It is understood that the city council reserves the right to reject
any or all proposals and to waive informalities and to award the
contract in the best interests of the city.
The next area of Falcon Heights to be trimmed on the 5 year schedule is Northeast
Section 1, which includes the following streets:
1. Asbury (between Crawford Roselawn): about 50 trees
2. Arona (between Larpenteur Roselawn): about 57 trees
3. Simpson (between Crawford Roselawn) about 50 trees
4. Crawford (between Pascal Snelling): about 17 trees
Total trees: approx. 175
//e 9 Z.
Meeting Date: 2/10/93
Agenda Item: C -4
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Request for reimbursement of costs from Mr.
and Mrs. King, 1427 West Idaho
SUBMITTED BY: Mr. and Mrs. King
REVIEWED BY: Susan Hoyt, City Administrator
Peter Bachman, City Attorney
EXPLANATION /SUMMARY:
Mr. and Mrs. King submitted a request for reimbursement of costs
for typing and copying materials for distribution related to the
request for a variance for the garage at 1433 West Idaho.
The request states that it is being made because the city made an
error in issuing the permit without a variance. The amount is:
A. Typing and printing materials for neighbors 55.10
B. Typing and printing materials for planning 12.00
commissioners
C. Typing and printing materials for council 12.00
TOTAL 79.10
The city has not reimbursed costs that residents, property owners
or other parties incur for distributing materials to residents,
the planning commission and /or city council. Although the city
will reproduce any material for the commission and council as
requested by an interested party at no charge. In this case, if
the property owner at 1433 West Idaho had requested a variance
without a building permit, the Kings might still have incurred
these costs in order to object to the variance prior to approval
and construction. The city also does not reimburse for late fees
on sewer bills or assessments that residents state they never
received in the mail.
In this case, the city is not responsible for costs that the
property owners independently assumed (typing, copying,
appraiser's opinions, legal fees) because it took prompt action
in requiring the property owner of 1433 West Idaho to stop work
and apply for the necessary variances. Any reimbursement from
the city would be a shift in precedent for reimbursing such
claims and may be interpreted as being responsible for costs
independently initiated by these property owners. Any
reimbursement should state that the city is not liable for these
costs.
ATTACHMENTS:
A Reimbursement request from the Kings, 1427 West Idaho
ACTION REQUESTED:
Deny request for reimbursement of typing and copying costs.
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Meeting Date: 2/10/93
Agenda Item: C -5
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Proposed Resolution proclaiming the week of
March 7 -14, 1993, as "Volunteers of America
Week" in Falcon Heights
SUBMITTED BY: Tom Baldwin, Mayor
EXPLANATION /SUMMARY:
(a) Request from Volunteers of America
(b) Proposed Resolution
ACTION REQUESTED: Approval
s pas os
f
°oaaNl F�
VOLUNTEERS OF AMERICA
MINNESOTA
5905 Golden Valley Road Minneapolis, MN 55422 (612)546 -3242
January 14, 1993
The Honorable Tom Baldwin
Mayor of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113 -5594
Dear Mayor Baldwin:
The Volunteers of America has been serving others for 97 years. Volunteers of America Week,
March 7 -14, commemorates the founding of our organization on March 8, 1896.
We are one of Minnesota's largest human service organizations. Year after year, more than
90% of every dollar we receive, we spend directly on program services...for the people we serve.
I am asking you to proclaim the week in our behalf. Your personal proclamation will be
encouraging to those who receive services in Falcon Heights, or its nearby communities.
Through the years, Volunteers of America has demonstrated it is a dynamic organization
keeping pace with the everchanging world around it. Now more than ever, we recognize the
constant need for developing new and more creative ways in solving problems, meeting community
needs, and improving the overall quality of life for all members of our society. We must
continue forming partnerships, bridging the gap between human needs and the resources of the
public and private sector.
Something wonderful is happening in Minnesota, because of you! Your interest and support
makes a significant impact on the success of our organization. And, as you know, our success is
measured through the lives of those we touch.
Respectfully yours,
�7Zt 4
cri4;./
James E. Hogie, Jr.
President
JEH /dc
Enclosures
P. S. Your proclamation, along with other proclamations and letters, will be duplicated and put
into booklet form. A booklet commemorating our 97th birthday will be placed in the
reception area of each of our programs and senior dining sites.
D
P�Ea 44 Volunteers of America
Minnesota
'T). 'ND cO' a
r 1992 -1993
PROGRAM SERVICES
ADULT SERVICES PROGRAM offers board RESIDENTIAL CENTER is a pre release and
and lodging homes for seniors, developmentally work release correctional program for men.
disabled, mentally ill, and /or chemically Telephone: 721 -6327
dependent adults. Telephone 1495 -3344
RESPITE CARE for families of children who
BAR -NONE RESIDENTIAL TREATMENT are handicapped with autism, autistic -like and /or
CENTER provides services to boys who are developmental disabilities. Telephone: 546 -3242
emotionally and /or behaviorally disturbed. SEMI- INDEPENDENT LIVING SERVICES
Telephone: 753 -2500 provide learning opportunities for individuals
CHILDREN'S EMERGENCY SHELTER with special needs. Telephone: 1-495 -3344
offers social and educational services in a SENIOR DINING PROGRAM serves hot noon
protective environment to children in crisis. meals at 45 community locations to anyone 60
Telephone: 753 -2319 years of age or older. Telephone: 546 -3242
CORRECTION GROUP HOMES offer a ante- SETTEVIG HOME is a home for developmen-
tured therapeutic home environmentfor teenagers tally disabled adults. Telephone 1-495 -3344
with a delinquent history. Telephone 546 -3242
SETTEVIG TREATMENT CENTER FOR
FOSTER TREATMENT HOMES provide a CHILDREN WITH SPECIAL NEEDS
supportive, directive environment for behavior- provides intensive treatment services for autistic,
su
pP f autistic-like and developmentally disabled
ally disturbed children and youth. Telephone: children. Telephone: 753 -2500
546 -3242
SHORT -TERM AFTERCARE prepares a child
HOME DELIVERED MEALS hot noon meals for a successful transition from treatment to
are delivered to shut -in seniors who are unable home and community. Telephone: 753 -2500
to prepare their own meals. Telephone: 546 -3242
SPECIALIZED BEHAVIORAL PROGRAM
IN-HOME FAMILY TREATMENT SER- for boys with severe behavioral problems re-
VICES strengthens a family's ability to function quiring secure supervision. Telephone: 753 -2500
and to resolve problems. Telephone: 546 -3242 STEVENCROFT residential care offering life
or mental coping skills training for developmentally
PRINCETON HOME is a home
f ly disabled young adults. Telephone 644 -2514
disabled adults. Telephone: 1- 495 -3344
SUPPORTED LIVING SERVICES PRO
REGIONAL CORRECTIONS CENTER is a GRAMS are provided for developmentally dis-
jail, workhouse and work release program for abled adolescents and adults with special needs.
women. Telephone: 488 -2073 Telephone: 1-495 -3344
VOLUNTEERS OF AMERICA was founded March 8,1896
in New York City. Less than four months later services were begun in Minneapolis.
VOLUNTEERS OF AMERICA, a national Christian human service organization,
has a 97 year history of serving people in need; regardless of their race, color or
creed. It seeks to develop programs in areas where human needs are not being met
by existing services.
VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have
administrative and/or professional social work expertise, but who also have a
commitment to the Christian mission of the organization; the reaching and uplifting
of all people. Last year, in addition to 340 staff, more than 2100 persons volunteered
their talents to help enrich program services in Minnesota.
VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax
deductible donations.
VOLUNTEERS OF AMERICA meets all regulatory standards such as a certified
audit, annual report, and filings with the Charities Division of the Minnesota
Attorney General's Office.
BOARD OF DIRECTORS
Of Minnesota In Minnesota
Mark T. Flaten, Chair John S. MacArthur Mary E. Adams, Chair
James E. Hogie Jr, Pres William W. McDonald James E. Hogie Jr, Pres
Mary E. Adams W. Lyle Meyer Jack L. Dignum
Ronald E. Britz John T. Richter Robert E. Nolte Jr
Katie Erickson Erling W. Rockney Edward Settevig
Walter W. Faster William E. Sandvig Edward C. Spethmann
James W. Feil Clayton W. Strandlie
Gordon M. Haga Renee J. Tait
Peter L. Hauser Robert VanValkenburg
Barbara A. King Dr. Harm A. Weber
Ross E. Kramer
VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE
administrative, accounting, and development offices
are located at
5905 Golden Valley Road, Minneapolis, MN 55422 -4490
(612) 546 -3242
No. R -93- C
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Feb. 10, 1993
A RESOLUTION PROCLAIMING THE WEEK OF MARCH 7 -14, 1993,
AS "VOLUNTEERS OF AMERICA WEEK" IN THE CITY OF FALCON HEIGHTS, MN.
WHEREAS, the Volunteers of America is celebrating its 97th year of
service to the people of Minnesota and the nation; it is therefore
certainly appropriate for us, the City of Falcon Heights, to join in the
observance of this milestone with the commemoration of March 7 -14, 1993 as
"Volunteers of America Week and
WHEREAS, the Volunteers of America is making a valuable
contribution by providing these services to adults and the elderly: 5 homes
for mentally disabled, mentally ill, chemically dependent and /or elderly
adults; congregate dining for seniors at 45 sites in Anoka and Hennepin
Counties; home delivered meals for persons 60 years of age and over; semi
independent living services and supported living services; 3 housing
complexes for families, the handicapped, and the elderly; and 4 long -term
health care facilities; and
WHEREAS, the Volunteers of America provides these services for
children and youth: 6 programs serving autistic, autistic -like, and /or
development -ally disabled children and youth; a children's emergency shelter;
in -home services; 59 foster treatment homes and correction group homes; a
residential treatment center for emotionally handicapped boys; a specialized
behavioral program for boys with severe problems; short -term after care for
youth with special needs; and
WHEREAS, the Volunteers of America provides 2 correctional
services: a pre release and work release correctional program serving men;
and a women's jail, workhouse and work release correctional program; and
WHEREAS, the Volunteers of America is commemorating its founding in
1896 and urges others to join them in bridging the gap between human needs
and the resources of the public and private sector;
BE IT THEREFORE RESOLVED, by the city council of the City of Falcon
Heights, that the week of March 7 -14, 1993, be proclaimed
"Volunteers of America Week" in Falcon Heights.
Moved by Approved by
Mayor
BALDWIN
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT
Attested by
City Clerk
C Conserv C onsent Consent one t on sentmiComottme
Meeting Date: 2/10/93
Agenda Item: C 6
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Donation of 1972 sewer router to the City of
Hugo for parts
SUBMITTED BY: Vincent Wright, Public Works Foreman
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION STJMMARY
In 1989 the city purchased a new sewer jetter to replace the
twenty year old router that is used for cleaning the city's
sewers. The twenty year old machine served a useful life for the
city, but does not meet OSHA standards. The machine is currently
stored in the back of city hall. In an effort to clean out this
storage area and pass along the outdated equipment, the public
works foreman advertised the 1972 sewer router. Although there
were some initial inquiries about the machine, no party expressed
an interest in purchasing the machine after an ad appeared in the
paper and in the League of Minnesota Cities magazine. There
appears to be no demand for an old machine that does not meet
OSHA standards. However, the City of Hugo staff expressed a
willingness to haul it away and use it for parts.
Staff recommends allowing the City of Hugo to use the 1972 sewer
router for parts if a release from liability agreement
accompanies the transaction, and if the City of Hugo hauls the
equipment away. This will save the cost of disposal for Falcon
Heights.
Attachments:
A Agreement to donate a 1972 sewer router to the City of Hugo
ACTION REQUESTED: Approve donating the 1972 sewer router to the
City of Hugo for use of parts only.
AGREEMENT TO DONATE A 1972
SEWER ROUTER TO THE CITY OF HUGO
The City of Falcon Heights agrees to donate a 1972 sewer router to the City of
Hugo providing that the City of Hugo uses the machine for parts and not for
resale to another party. It is understood that the machine does not meet
applicable standards and comes "as is" without a warranty. The City of Hugo
will release the City of Falcon Heights from any liability for use of the
machine and /or its parts. The City of Hugo will arrange to transport the 1972
sewer router from the City of Falcon Heights in a timely fashion, which is
considered to be within six weeks of this agreement.
City Administrator
City of Falcon Heights
City Administrator
City of Hugo
Meeting Date: 2/10/93
Agenda Item: C 7
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Licenses
SUBMITTED BY: Shirley Chenoweth, City Clerk
CORPORATE
Mr. Movies #1099
REFUSE HAULERS
E -Z Recycling, Inc. 2001
MECHANICAL
Kath Htg A/C
Meeting Date: 2/10/93
Agenda Item: P 1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Resolution calling for a hearing on proposed
1993 street improvements
SUBMITTED BY: Bill Westerberg, City Engineer
Shirley Chenoweth, City Clerk
EXPLANATION /SUMMARY:
The next step for the proposed 1993 street improvement project is
to schedule a public hearing. Staff recommends that the hearing
be held March 10, 1993 at approximately 7 p.m. This will allow
time to meet the required schedule for publication and mailing of
hearing notices.
ATTACHMENTS:
(a) Proposed Resolution R -93-
ACTION REQUESTED:
Adoption of Resolution R -93- calling for the public hearing on
the proposed 1993 street improvement project.
No. R -93-
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: 2/10/93
RESOLUTION CALLING HEARING ON IMPROVEMENT ON THE
MATTER OF THE 1993 STREET IMPROVEMENTS
WHEREAS, pursuant to resolution to the council adopted September
23, 1992, a report has been prepared by Maier Stewart Associates, Inc.,
with reference to the improvement of the following described streets:
Fulham Street from Hoyt Avenue to Folwell Avenue
Vincent Street from Hoyt Avenue to Folwell Avenue
Northrop Street from Hoyt Avenue to Folwell Avenue
Burton Street from Hoyt Avenue to Folwell Avenue
Coffman Street from Hoyt Avenue to Folwell Avenue
Folwell Avenue from Fulham Street to Folwell Avenue
Autumn Street from Roselawn Avenue to Prior Avenue
Prior Avenue from Roselawn Avenue to Summer Street
Summer Street from Moore Avenue to Howell Avenue
And this report was received by the council on November 25, 1992.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FALCON
HEIGHTS, MINNESOTA:
1. The council will consider the improvement of such streets in
accordance with the report and the assessment of abutting
property for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes, Chapter 429 at an estimated
total cost of the improvement of $989,200.00.
2. A public hearing shall be held on such proposed improvement on
the 10th day of March, 1993, in the council chambers of the city
hall at 7:00 p.m. and the clerk shall give mailed and published
notice of such hearing and improvement as required by law.
Moved by Approved by
Mayor
BALDWIN
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT Attested by
City Clerk
Meeting Date: 2/10/93
Agenda Item: P 2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Discussion of a possible
contract for services for
audio /visual design and
specifications
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY:
EXPLANATION /SUMMARY:
The city's audio equipment is inadequate and needs replacing and
upgrading beyond simply replacing old microphones with new
models. The video equipment is also old and may need replacing
in the near future. And, the council podium should be lowered to
be more accessible. Each of these items should be considered
individually and together.
Staff met with Bill Bruce, who is the cable coordinator for
Little Canada, about working with Falcon Heights to design and
specify an upgraded audio /visual system for the city. Mr. Bruce
charges $35 /hour for his services and is willing to discuss and
agree to a maximum dollar amount for his design and
specifications services. He is also able to design a system that
can be gradually improved upon. Mr. Bruce is familiar with the
city's audio /visual equipment and council chambers, and is
willing to use as much existing equipment as possible.
Since the staff does not have the expertise to do this work, and
relying on a sales representative from a firm that sells
audio /visual equipment may lead to increased costs due to an
incentive to sell equipment, staff would like council approval to
proceed with discussions toward a contract with Mr. Bruce for
these services.
ACTION REQUESTED:
Direct staff to discuss a contract for design and specifications
for audio /visual equipment with Mr. Bill Bruce.
Staff report on discussions to date.
Meeting Date: 2/10/93
Agenda. Item: P 3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Volunteer Recognition Event
SUBMITTED BY: Mayor Baldwin
REVIEWED BY:
EXPLANATION /SUMMARY:
It's time to discuss the possibility of a volunteer recognition
event. There are a few things to discuss regarding this event.
These are:
1. Who should the event recognize or should there be more than
one event to recognize these groups?
commissioners
volunteers (R.S.V.P.)
firefighters, rescue
2. What type of event or events is appealing?
3. How much would the council like to budget for this?
A catered dinner for 30 commissioners plus council
would run about $315.00 ($9 /per plate)
Other ideas?
4. When?
A Thursday in March?
A Friday in March? (March 3 and 26)
ACTION REQUESTED:
Discuss and decide on a recognition event.
ADDENDA
JANUARY 27, 1993
Item No. C -6. A resolution in support of the application for a
Community Development Block Grant (CDBG) by
Northwest Youth and Family Services (NYFS)
Item No. P -2. Consideration of bids for $1,200,000 General
Obligation Tax Increment Refunding Bonds of 1993.
Item No. P -3. Proposed resolution calling outstanding General
Obligation Tax Increment Bonds of 1985, Series B,
for redemption.
NOTE MEMO ON PLANNING COMMISSION RECOMMENDATION ON VARIANCE.
Meeting Date: 1/27/93
Agenda Item: C -6
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: A resolution in support of the application for
a Community Development Block Grant (CDBG) by
Northwest Youth and Family Services (NYFS)
SUBMITTED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY: Northwest Youth and Family Services
has requested a resolution in support of the application for a
Community Development Block Grant.
ACTION REQUESTED: Adoption of R -93 -8 in support of the
application for a Community Development Block Grant (CDBG)
by Northwest Youth and Family Services (NYAFS)
No. R -93 -8
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: 1/27/93
A RESOLUTION IN SUPPORT OF THE APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) BY NORTHWEST YOUTH AND
FAMILY SERVICES (NYFS)
WHEREAS, NYFS has provided essential developmental services for the
youth and families of Falcon Heights since 1975; and
WHEREAS, NYFS has provided these services to the residents of
Falcon Heights regardless of the ability to pay, and
WHEREAS, the unique partnership between NYFS and its ten Ramsey
County member cities has resulted in the ability to provide an essential
community service that none of the cities could provide individually,
BE IT HEREBY RESOLVED, by the City Council of the City of Falcon
Heights, that the City of Falcon Heights enthusiastically supports the award
of a 1993 CDBG to NYFS.
Moved by Approved by
Mayor
BALDWIN
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT
Attested by
City Clerk
Meeting Date: 1/27/93
Agenda Item: P -2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Consideration of bids for $1,200,000 General
Obligation Tax Increment Refunding Bonds of
1993
SUBMITTED BY: Steve Apfelbacher, Financial Consultant
Shirley Chenoweth, City Clerk
EXPLANATION /SUMMARY:
These refunding bonds are in conjunction with TID 1 -2 (Coffman
project) and TID 2 -1 (Bullseye project) as authorized by
Resolution R -93 -2 adopted January 13, 1993.
The bid opening is scheduled for 11:00 a.m., Wednesday, January
27, 1993 and bids will be available at the January 27th council
meeting for city council consideration.
ATTACHMENT:
A. Proposed Resolution R -93 -6
ACTION REQUESTED: Adoption of Resolution R -93 -6 awarding the
bid for $1,200,000 GPO TIF Refunding Bonds of 1993.
RESOLUTION R -93 -06
CERTIFICATION OF MINUTES RELATING TO
$1,200,000 GENERAL OBLIGATION TAX
INCREMENT REFUNDING BONDS OF 1993
Issuer: City of Falcon Heights, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on January 27, 1993
at 7:00 o'clock p.m., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages): 1 through 20
RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION TAX
INCREMENT REFUNDING BONDS OF 1993; AUTHORIZING THE
ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS,
AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND
THE SECURITY THEREFOR
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the obligations referred to in the title of this
certificate, certify that the documents attached hereto, as described above, have been
carefully compared with the original records of said corporation in my legal custody,
from which they have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far
as they relate to said obligations; and that said meeting was duly held by the
governing body at the time and place and was attended throughout by the members
indicated above, pursuant to call and notice of such meeting given as required by
law.
WITNESS my hand officially as such recording officer this day
,1993.
Shirley G. Chenoweth
(SEAL) City Clerk
It was reported that bids were to be considered at the meeting for the
sale by the City of its $1,200,000 General Obligation Tax Increment Refunding Bonds
of 1993.
It was reported that sealed bids for the purchase of said Bonds
had been received from the following institutions at or before the time stated in the
notice of sale for the opening of bids, and the bids were then publicly read and
considered, and were all found to conform to the notice of sale and terms and
conditions of sale and to be accompanied by the required security, and the terms of
each bid have been determined to be as follows:
Total
Interest
Bid for Interest Cost -Net Interest
Name of Bidder Principal Rate Rate
SEE ATTACHED
Meeting Date: 1/27/93
Agenda Item: P -3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Proposed resolution calling outstanding
General Obligation Tax Increment Bonds of
1985, Series B for redemption
SUBMITTED BY: Steve Apfelbacher, Fiscal Consultant
4--------
Tom Kelly, City Accountant
EXPLANATION /SUMMARY:
Due to the present lower interest rates it seemed advisable to
consider the refinancing of some of the city's debt. It is being
recommended that the G.O. Tax Increment Bonds of 1985, Series B,
(Stratford project) be called on March 1, 1993 for obligations
maturing in the years 1994 and 1995. The interest rate for those
years would be 7.0% and 7.15% respectively if not called.
ATTACHMENT:
Proposed Resolution R -93 -7
ACTION REQUESTED:
Adoption of Resolution R -93 -7 calling outstanding G.O. TIF
bonds of 1985, Series B, for redemption.
RESOLUTION R -93 -07
RESOLUTION CALLING OUTSTANDING
GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985, SERIES B
FOR REDEMPTION
BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota (the "City"), as follows:
1. The City has issued and has presently outstanding its General
Obligation Tax Increment Bonds of 1985, Series B, dated as of December 1, 1985 (the
"Bonds
2. The Bonds maturing in the years 1994 and 1995 are subject to
redemption and prepayment on March 1, 1993, and it is hereby determined to call all
of the Bonds maturing in the years 1994 and 1995, for redemption and prepayment
on March 1, 1993 in accordance with their terms. The City Clerk is hereby
authorized and directed to take all actions necessary to provide for such redemption
and prepayment of the Bonds maturing in the years 1994 and 1995 on March 1, 1993,
and all actions taken to date by the officers of the City in connection with such
redemption and prepayment of the Bonds is hereby ratified and affirmed.
Dated: January 27,1993.
Mayor
Attest:
City Clerk
Councilmember then
introduced the following resolution and moved its adoption:
RESOLUTION R 93 06
RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION
TAX INCREMENT REFUNDING BONDS OF 1993; AUTHORIZING
THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND
DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council (the Council) of the City of Falcon
Heights, Minnesota (the City), as follows:
Section 1. Authorization are Sale.
1.01. Authorization. The City has presently outstanding its General
Obligation Tax Increment Bonds of 1984, Series B, initially dated as of November 1,
1984 (the 1984 Bonds), and its General Obligation Tax Increment Bonds of 1985,
initially dated as of June 1, 1985 (the 1985 Bonds) (the 1984 Bonds and the 1985 Bonds
are herein collectively referred to as the Prior Bonds). This Council hereby
authorizes the sale of $1,200,00 General Obligation Tax Increment Refunding Bonds
of 1993 (the Bonds), of the City, the proceeds of which would be used, together with
any additional funds of the City which might be required, to refund in advance of
maturity the 1984 Bonds maturing in the years 1998 through 2005 which aggregate
$370,000 in principal amount (the 1984 Bonds Refunded Bonds), and to refund in
advance of maturity the 1985 Bonds maturing in the years 1995 through 1998 which
aggregate $775,000 in principal amount (the 1985 Bonds Refunded Bonds) (the 1984
Bonds Refunded Bonds and the 1985 Bonds Refunded Bonds are herein collectively
referred to as the Refunded Bonds). Said refunding constitutes a "crossover
refunding" as defined in Minnesota Statutes, Section 475.17, subd. 13.
1.02. Sale of Bonds. The City has retained Ehlers and Associates, Inc.,
as independent financial advisors in connection with the sale of the Bonds.
Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the
requirements as to public sale do not apply to the issuance of the Bonds. Bids have
been received for the sale of the Bonds, and the Council has publidy considered all
sealed bids presented in conformity with the terms and conditions distributed by the
City to potential purchasers of the Bonds. The most favorable of such bids is
ascertained to be that of and associates, of
(the Purchaser), to purchase the Bonds at a price of plus accrued interest on
all Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.03 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and City Clerk are hereby authorized and directed on
behalf of the City to execute a contract for the sale of the Bonds in accordance with
the terms of the bid. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement. The good faith checks of other bidders
shall be returned to them forthwith.
1.04. Savings. It is hereby determined that by issuance of the Bonds the
City will realize a substantial interest rate reduction, a gross savings of
approximately and a present value savings (using the yield on the
Bonds, computed in accordance with Section 148 of the Internal Revenue Code of
1986, as amended, as the discount factor) of approximately
1.05. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
necessary for the Council to establish the form and terms of the Bonds, to provide
security therefor and to issue the Bonds forthwith.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially
the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
GENERAL OBLIGATION TAX
INCREMENT REFUNDING BOND OF 1993
Date of
Rate Maturity Original Issue CUSIP
February 24, 1993
REGISTERED
OWNER:
PRINCIPAL
AMOUNT: DOLLARS
THE CITY OF FALCON HEIGHTS, Ramsey County, Minnesota (the
"City acknowledges itself to be indebted and, for value received, hereby promises
to pay to the registered owner above named, the principal amount indicated above,
on the maturity date specified above, with interest thereon from the date hereof at
the annual rate specified above computed on the basis of the number of days elapsed
in a 360 -day year consisting of twelve 30-day months, payable on February 1 and
August 1 in each year, commencing August 1, 1993, to the person in whose name
this Bond is registered at the dose of business on the 15th day (whether or not a
business day) of the immediately preceding month, all subject to the provisions
referred to herein with respect to the redemption of the principal of this Bond before
maturity. The interest hereon and, upon presentation and surrender hereof at the
office of the City Clerk in Falcon Heights, Minnesota, as Registrar, Transfer Agent
and Paying Agent (the "Bond Registrar or its successor designated under the
Resolution described herein, the principal hereof, are payable in lawful money of
the United States of America by check or draft of the City or the Bond Registrar if a
successor to the City Clerk as Bond Registrar has been designated under the
Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of
$1,200,000 (the "Bonds"), all of like date and tenor except as to serial number, interest
rate, redemption privilege and maturity date, issued pursuant to a resolution
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adopted by the City Council on January 27, 1993 (the "Resolution") to refund certain
of the City's outstanding general obligation tax increment bonds, and is issued
pursuant to and in full conformity with the provisions of the Constitution and laws
of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section
469.178 and Chapter 475. This Bonds are payable primarily from tax increments to be
derived from tax increment financing districts established by the City (the
"Districts which have been pledged to the payment of the Bonds by the
Resolution. In addition, for the full and prompt payment of the principal and
interest on the Bonds as the same become due, the full faith, credit and taxing power
of the City have not been and are irrevocably pledged. The Bonds are issuable only
as fully registered bonds, in denominations of $5,000 or any integral multiple
thereof, of single maturities.
Bonds maturing in the years 1995 through 1999 are payable on their
respective stated maturity dates without option of prior payment, but Bonds having
stated maturity dates in the years 2000 through 2005 are each subject to redemption
and prepayment, at the option of the City and in whole or in part and if in part, in
inverse order of maturities and by lot, assigned in proportion to their principal
amount, within any maturity, on February 1, 1999 and on any date thereafter, at a
price equal to the principal amount thereof to be redeemed plus interest accrued to
the date of redemption. At least thirty days prior to the date set for redemption of
any Bond, notice of the call for redemption will be mailed to the Bond Registrar and
to the registered owner of each Bond to be redeemed at his address appearing in the
Bond Register, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond, not affected
by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price herein specified
and from and after such date (unless the City shall default in the payment of the
redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon
the partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
The Bonds have been designated by the City as "qualified tax exempt
obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as
amended.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the City at the principal
office of the Bond Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or his attorney; and may also be surrendered in exchange for Bonds
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of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether this
Bond is overdue or not, for the purpose of receiving payment and for all other
purposes, and neither the City nor the Bond Registrar shall be affected by any notice
to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed precedent to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the City according to its terms have been done, do exist, have happened and have
been performed as so required; that prior to the issuance hereof the City has pledged
and appropriated to a sinking fund established for the payment of the Bonds tax
increments to be derived by the City from the Districts; that, if necessary for the
payment of principal and interest on the Bonds, ad valorem taxes are required to be
levied upon all taxable property in the City, which levy is not limited as to rate or
amount; and that the issuance of this Bond does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Bond Registrar by manual
signature of the Bond Registrar, or in the event the City Clerk is no longer acting as
Bond Registrar, by one of the authorized representatives of the Bond Registrar.
IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey County,
State of Minnesota, by its City Council, has caused this Bond to be executed by the
signatures of the Mayor and the City Clerk and sealed with the official seal of the
City and has caused this Bond to be dated as of the date set forth below.
Date of Authentication:
City Clerk Mayor
(SEAL)
-5-
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
By
City Clerk,
as Bond Registrar
The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
the applicable laws or regulations:
TEN COM as tenants UNIF TRANS MIN ACT Custodian
in common (Cust) (Minor)
TEN ENT as tenants
by the entireties
under Uniform Transfers to
JT TEN as joint tenants Minors
with right of
survivorship and Act
not as tenants in (State)
common
Additional abbreviations may also be used.
-6-
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto the within Bond and all
rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept
for registration thereof, with full power of substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
OF ASSIGNEE: assignment must correspond with the
name as it appears upon the face of the
within Bond in every particular,
without alteration or any change
whatsoever. Signature(s) must be
guaranteed by a commercial bank or
trust company or by a brokerage firm
having a membership in one of the
major stock exchanges.
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Section 3. Bond Terms, Execution and Delivery.
3.01. Maturities, Interest Rates, Denominations, Payment. The City
shall forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Tax Increment Refunding Bonds of 1993 The Bonds shall be issuable in
the denomination of $5,000 each or any integral multiple thereof, shall mature on
February 1 in the years and amounts set forth below, and Bonds maturing in such
years and amounts shall bear interest computed on the basis of the number of days
elapsed in a 360 -day year consisting of twelve 30 -days months from date of original
issue until paid or duly called for redemption at the rates per annum shown
opposite such years and amounts as follows:
Year Amount Rate Year Amount Rate
1995 $170,000 2001 $55,000
1996 165,000 2002 $50,000
1997 180,000 2003 $50,000
1998 350,000 2004 $45,000
1999 45,000 2005 $45,000
2000 45,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof, shall be payable by
check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Each Bond shall bear a date of
original issue of February 24, 1993, and shall be dated as of the date of authentication.
Interest on the Bonds shall be payable on February 1 and August 1 in each year,
commencing August 1, 1993, to the owner of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether or not
such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of registration
and the rights and duties of the City and the Registrar with respect thereto shall be as
follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
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endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the
registered owner for exchange, the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney duly authorized in
writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is legally authorized. The Registrar shall incur no liability for its
refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar
may treat the person in whose name any Bond is at any time registered in the
bond register as the absolute owner of such Bond, whether such Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order
shall be valid and effectual to satisfy and discharge the liability of the City
upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a
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new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any such Bond lost, stolen or destroyed, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost, stolen or destroyed,
upon filing with the Registrar of evidence satisfactory to it that such Bond
was lost, stolen or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall
not be necessary to issue a new Bond prior to payment.
3.04. Appointment of Initial Registrar. The City hereby appoints the
City Clerk, as the initial Registrar. In the event that the City determines to
discontinue the book entry -only system for the Bonds as described in paragraph (c)
of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue
providing its services with respect to the Bonds and a new securities depository is
not appointed for the Bonds, the City will designate a suitable bank or trust company
to act as successor Registrar if the City Clerk is then acting as Registrar. The City
reserves the right to remove any Registrar upon thirty (30) days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar
shall deliver all cash and Bonds in its possession to the successor Registrar and shall
deliver the bond register to the successor Registrar.
3.05. Redemption. Bonds maturing in the years 1995 through 1999
shall not be subject to redemption prior to maturity, but Bonds maturing in the
years 2000 through 2005 shall each be subject to redemption and prepayment, at the
option of the City, in whole or in part, and if in part, in inverse order of maturities
and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, on February 1, 1999 and on any date thereafter at a price equal to the principal
amount thereof to be redeemed plus interest accrued to the date of redemption. At
least thirty days prior to the date set for redemption of any Bond, the City Clerk shall
cause notice of the call for redemption to be mailed to the Registrar and to the
registered owner of each Bond to be redeemed, but no defect in or failure to give
such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. The notice of
redemption shall specify the redemption date, redemption price, the numbers,
interest rates and CUSIP numbers of the Bonds to be redeemed and the place at
which the Bonds are to be surrendered for payment, which is the principal office of
the Registrar. Official notice of redemption having been given as aforesaid, the
Bonds or portions thereof so to be redeemed shall, on the redemption date, become
-10-
due and payable at the redemption price therein specified and from and after such
date (unless the City shall default in the payment of the redemption price) such
Bonds or portions thereof shall cease to bear interest.
In addition to the notice prescribed by the preceding paragraph, the City
shall also give, or cause to be given, notice of the redemption of any Bond or Bonds
or portions thereof at least 35 days before the redemption date by certified mail or
telecopy to the Purchaser and all registered securities depositories then in the
business of holding substantial amounts of obligations of the character of the Bonds
(such depositories now being The Depository Trust Company, of Garden City, New
York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities
Depository Trust Company, of San Francisco, California; and Philadelphia
Depository Trust Company, of Philadelphia, Pennsylvania) and one or more
national information services that disseminate information regarding municipal
bond redemptions; provided that any defect in or any failure to give any notice of
redemption prescribed by this paragraph shall not affect the validity of the
proceedings for the redemption of any Bond or portion thereof.
Bonds in a denomination larger than $5,000 may be redeemed in part
in any integral multiple of $5,000. The owner of any Bond redeemed in part shall
receive, upon surrender of such Bond to the Registrar, one or more new Bonds of
such same series in authorized denominations equal in principal amount to the
unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under the
direction of the City Clerk and shall be executed on behalf of the City by the
signatures of the Mayor and the City Clerk, and shall be sealed with the official
corporate seal of the City. In case any officer whose signature shall appear on the
Bonds shall cease to be such officer before the delivery of any Bond, such signature
shall nevertheless be valid and sufficient for all purposes, the same as if such officer
had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this resolution unless and until a certificate of authentication on such Bond
has been duly executed by the manual signature of the Registrar, or in the event the
City Clerk is no longer acting as Registrar, an authorized representative of the
Registrar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this
resolution. When the Bonds have been so executed and authenticated, they shall be
delivered by the City Clerk to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
-11-
3.07. Securities Depository. (a) For purposes of this Section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede Co." shall mean Cede Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,
New York.
"Participant" shall mean any broker dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter from the
City and the Registrar to DTC with respect to the Bonds, substantially in the form
attached to this resolution as Exhibit A.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede Co., as nominee of
DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of
the principal of or interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the City shall be affected
by any notice to the contrary. Neither the Registrar nor the City shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede Co. in accordance with the
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Representation Letter, and all such payments shall be valid and effective to fully
satisfy and discharge the City's obligations with respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bonds in the form of bond certificates,
the City may notify DTC and the Registrar, whereupon DTC shall notify the
Participants of the availability through DTC of Bonds in the form of certificates. In
such event, the Bonds will be transferable in accordance with paragraph (e) hereof.
DTC may determine to discontinue providing its services with respect to the Bonds
at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds
will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor in the form attached hereto as Exhibit A with such changes, omissions,
insertions and revisions as the Mayor shall deem advisable, is hereby authorized,
and execution of the Representation Letter by the Mayor shall be conclusive
evidence of such approval. The Representation Letter shall set forth certain matters
with respect to, among other things, notices, consents and approvals by registered
owners of the Bonds and Beneficial Owners and payments on the Bonds. The
Registrar shall have the same rights with respect to its actions thereunder as it has
with respect to its actions under this resolution.
(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
issued to owners other than Cede Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds,
the provisions of this resolution shall also apply to all matters relating thereto,
including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates.
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Section 4. Use of Proceeds and Security Provisions.
Section 4.01. Use of Proceeds and Escrow Account. The proceeds of the
Bonds in the amount of are irrevocably appropriated for the payment
of interest to become due on the Bonds to and including February 1, 1994 and for the
payment of a portion of the interest to become due on the Bonds from August 1,
1994 to and including February 1, 1997, and for the payment and redemption of the
principal amount of the 1984 Refunded Bonds on February 1, 1997 (the 1984 Bonds
Crossover Date) and to the payment and redemption of the principal amount of the
1985 Refunded Bonds on March 1, 1994 (the 1985 Bonds Crossover Date). The City
Clerk is hereby authorized and directed, simultaneously with the delivery of the
Bonds, to deposit the proceeds thereof, to the extent described above, in escrow with
in Minnesota (the Escrow Agent), a banking
institution whose deposits are insured by the Federal Deposit Insurance Corporation
and whose combined capital and surplus is not less than $500,000, and shall invest
the funds so deposited in securities authorized for such purpose by Minnesota
Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest
at such rates as are required to provide funds sufficient, with cash retained in the
escrow account, to make the above described payments. The Mayor and City Clerk
are hereby authorized to enter into an Escrow Agreement with the Escrow Agent
establishing the terms and conditions for the escrow account in accordance with
Minnesota Statutes, Section 475.67. Of the remaining proceeds of the Bonds,
shall be applied to pay issuance expenses and shall be deposited
in the Sinking Fund created pursuant to Section 4.02 hereof.
Section 4.02. General Obligation Tax Increment Refunding Bond
Sinking Fund. The Bonds shall be payable from a separate Series 1993 General
Obligation Tax Increment Refunding Bond Sinking Fund (the Sinking Fund) which
shall be created and maintained on the books of the City as a separate debt
redemption fund until the Bonds, and all interest thereon, are fully paid. There
shall be credited to the Sinking Fund the following:
(a) Any amount initially deposited therein pursuant to Section 4.01
hereof.
(b) All receipts of principal and interest on the investments held in the
escrow account established in Section 4.02 to and including the 1984 Bonds
Crossover Date (other than the sum of $775,000 to be used to redeem the 1985
Refunded Bonds on the 1985 Bonds Crossover Date, and the sum of $370,000 to be
used to redeem the 1984 Refunded Bonds on the 1984 Bonds Crossover Date).
(c) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the
Bonds, including the tax increments herein pledged and appropriated to the Sinking
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Fund and all collections of any ad valorem taxes levied for the payment of the
Bonds.
(d) Any other funds appropriated by the Council for the payment of
the Bonds.
4.03. Pledge of Tax Increment. Bonds maturing in the following years
and amounts are being issued by the City to refund the 1984 Refunded Bonds (the
1984 TIF District Bonds).
Year Amount Year Amount
1998 $50,000 2002 $50,000
1999 45,000 2003 $50,000
2000 45,000 2004 $45,000
2001 55,000 2005 $45,000
Bonds maturing in the following years and amounts are being issued
by the City to refund the 1985 Refunded Bonds (the 1985 TIF District Bonds).
Year Amount
1995 90,000
1996 235,000
1997 235,000
1998 255,000
Tax increment derived form the tax increment financing district
created by the City's Tax Increment Financing Plan for Redevelopment District No.
1, approved by the City Council on September 19, 1984 with the City's Development
District No. 2 (the 1984 TIF District) are hereby irrevocably pledged to the payment of
the principal of and interest on the 1984 TIF District Bonds.
Tax increment derived from the tax increment financing created by the
City's Tax Increment Financing Plan for Housing District No. 2, approved by the City
Council on February 27, 1985 within the City's Development District No. 1 (the 1985
TIF District) are hereby irrevocably pledged to the payment of the principal of and
interest on the 1985 TIF District Bonds. The 1984 TIF District and 1985 TIF District
are hereinafter collectively referred to as the "Districts
Tax increment derived from the 1984 TIF District shall not be used to
pay principal and interest on the 1985 TIF District Bonds, and tax increment derived
from the 1985 TIF District shall not be used to pay principal and interest on the 1984
TIF District Bonds.
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4.04. Full Faith and Credit Pledged. The full faith and credit and taxing
power of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds. It is estimated that the tax
increment from the Districts and other funds herein pledged for the payment of the
Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds and
all other obligations of the City payable from tax increments from the Districts as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2.
4.05. Additional Bonds. The City reserves the right to issue additional
bonds payable from the Sinking Fund and tax increments to be derived from the
Districts may be used to finance costs of other projects to be undertaken in
accordance with the Development Program for the development programs for the
City's Development District No. 1 or Development District No. 2.
Section 5. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by depositing with
the paying agent on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be discharged
by depositing with the paying agent a sum sufficient for the payment thereof in full
with interest accrued to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bond called for redemption on any date
when it is prepayable according to their terms, by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full; provided that
notice of the redemption thereof has been duly given as provided in Section 3.05.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow
agent for this purpose, cash or securities which are general obligations of the United
States or securities of United States agencies which are authorized by law to be so
deposited, bearing interest payable at such time and at such rates and maturing on
such dates as shall be required, without reinvestment, to pay all principal and
interest to become due thereon to maturity or, if notice of redemption as herein
required has been duly provided for, to such earlier redemption date.
Section 6. Registration, Certification of Proceedings, Investment of
Moneys, Arbitrage, Interest Disallowance and Official Statement.
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6.01. Registration. The City Clerk is hereby authorized and directed to
file a certified copy of this resolution with the County Auditor of Ramsey County,
together with such other information as he shall require, and to obtain from the
County Auditor a certificate that the Bonds have been entered on upon the
Auditor's register as required by law.
6.02. Certification of Proceedings. The officers of the City and the
County Auditor of Ramsey County are hereby authorized and directed to prepare
and furnish to the Purchaser, and to Dorsey Whitney, Bond Counsel, certified
copies of all proceedings and records of the City, and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds as the same appear from the books and
records under their custody and control or as otherwise known to them, and all
such certified copies, certificates and affidavits, including any heretofore furnished,
shall be deemed representations of the City as to the facts recited therein.
6.03. Covenant. The City covenants and agrees with the holders from
time to time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Code and the Regulations
promulgated thereunder (the Regulations), as such are enacted or promulgated and
in effect on the date of issue of the Bonds, and covenants to take any and all actions
within its powers to ensure that the interest on the Bonds will not become subject to
taxation under such Code and Regulations.
6.05. Arbitrage. The Mayor and City Clerk being the officers of the City
charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and Sections 1.103 -13,
1.103 -14 and 1.103.15 of the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which
make it reasonable to expect that the proceeds of the Bonds will not be used in a
manner that would cause the Bonds to be arbitrage bonds within the meaning of
said Code and Regulations.
The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(0 of the Code. The City covenants and agrees to retain
such records, make such determinations, file such reports and documents and pay
such amounts at such times as are required under said Section 148(0 and applicable
Treasury Regulations to preserve the exclusion of interest on the Bonds from gross
income for federal income tax purposes. In furtherance of the foregoing, the City
Clerk is hereby authorized and directed to execute a Rebate Certificate setting forth
the undertakings of the City to comply with the foregoing requirements, and the
Issuer hereby covenants and agrees to observe and perform the covenants and
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agreements contained therein, unless amended or terminated in accordance with
the provisions thereof.
6.06. Interest Disallowance. The City hereby designates the Bonds as
"qualified tax exempt obligations" for purpose of Section 265(b) of the Code relating
to the disallowance of interest expenses for financial institutions. The City
represents that in calendar year 1993 the City and all subordinate entities do not
reasonably expect to issue tax exempt obligations which are not private activity
bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private
activity bonds for purposes of this representation) in an amount in excess of
$10,000,000.
6.07. Official Statement. The Official Statement relating to the Bonds,
dated ,1993, prepared and distributed on behalf of the City by Ehlers and
Associates, Inc., is hereby approved. Ehlers and Associates, Inc., is hereby authorized
of behalf of the City to prepare and distribute to the Purchaser a supplement to the
Official Statement listing the offering price, the interest rates, other information
relating to the Bonds required to be included in the Official Statement by Rule 15c2-
12 adopted by the Securities and Exchange Commission under the Securities
Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 75 copies of the Official Statement and such
supplement. The officers of the City are hereby authorized and directed to execute
such certificates as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Section 7. Authorization of Payment of Certain Costs of Issuance of the
Bonds. The City Clerk is hereby authorized and directed on the date of issuance and
delivery of the Bonds to pay from the proceeds of the sale of the Bonds the fees and
expenses of the following persons incurred in connection with the issuance of the
Bonds up to the maximum amount set forth opposite the name of such person
upon receipt by the City Clerk of a satisfactory statement therefor:
Service Maximum
Payee Performed Amount
Ehlers Associates, Inc.
Minneapolis, Minnesota Financial Consultant
Moody's Investors Service, Inc. Rating of Bonds
New York, New York
The claims of the above persons up to the maximum amount set forth opposite the
name of such person is hereby approved and no further action of this Council shall
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be necessary in connection with the payment of such fees and expenses of issuance
of the Bonds.
Section 8. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 9. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
Mayor
Attest:
City Clerk
(SEAL)
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The motion for the adoption of the foregoing resolution was duly
seconded by Member and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was
approved and signed by the Mayor, whose signature was attested by the City Clerk.
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COUNTY AUDITOR'S CERTIFICATE
AS TO BOND REGISTRATION
I, the undersigned, being the duly qualified and acting County Auditor
of Ramsey County, Minnesota, hereby certify that there has been filed in my office a
certified copy of a resolution adopted January 27, 1993, by the City Council of the City
of Falcon Heights, Minnesota, awarding the sale, fixing the form and details and
providing for the execution, delivery and security of $1,200,000 General Obligation
Tax Increment Refunding Bonds of 1993, of the City to be dated, as originally issued,
as of February 24,1993.
I further certify that said Bonds has been entered on my bond register as
required by Minnesota Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of February, 1993.
County Auditor
(SEAL)