HomeMy WebLinkAboutCCAgenda_93Jan13 City
of ralcon
ll eights
AGENDA
Regular Meeting of the City Council
January 13, 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: December 9, 1992
V. CONSENT AGENDA:
C -1. Resolution R -93 -1 designating official depository for
1993
C -2. Review and reaffirm or amend city council Standing
Rules adopted October, 1987
C -3. Designation of official newspaper
C -3(A). Ratification of Settlement Agreement with the
Commercial State Bank
C -4. Designation of the contractual consultants and
inspectors for 1993
C -5. Contract for civil legal services with Leonard, Street
and Deinard
C -6. Contract for legal services for prosecution with
Peterson, Fram and Bergman
C -7. Contracting for Karate Instructional Services
C -8. Resignation of David Wickhem, 1537 W. Iowa, from the
Parks and Recreation Commission and appointment of
Marcia M. Sundquist, 1666 Coffman to complete the term
C -9. Commission Reappointments
C -10. Appointment of Bryon Anthony Schultz to Fire Dept.
C -11. Management education course for city administrator
C -12. Contribution to the Dispute Resolution Center
C -13. Establishment of a community development fund
C -14. Licenses
VI. PUBLIC HEARING:
PH -1. Hearing on the issuance of general obligation tax
increment refunding bonds.
VII. POLICY AGENDA:
P -1. Council Assignments.
ACTION:
(see reverse side)
P -1(A). Recommendation that the city contract with E -Z
Recycling for recycling services effective
March 1, 1993
ACTION:
P -2. Resolution of intent to reimburse costs of the
proposed Larpenteur Avenue project from general
obligation bonds
ACTION:
P -3. Consideration of an application for charitable
gambling pull tabs from the Roseville Area Youth
Hockey Association
ACTION:
P 4. Resolution designating use of unbudgeted 1992 Local
Government Aid and Equalization Aid funds for
property tax relief from the state local government
trust fund
ACTION:
P -5. Response from the City of Roseville to the City of
Falcon Height's June 24 proposal regarding
discussions on alternative forms of "single city"
government models
ACTION:
VIII. INFORMATION AND ANNOUNCEMENTS:
IX. ADJOURNMENT
MINUTES
REGULAR CITY COUNCIL MEETING
DECEMBER 9, 1992
Baldwin convened the meeting at 7:00 p.m.
ALL MEMBERS PRESENT
Baldwiln, Ciernia, Gehrz, Gibson Talbot and Jacobs. Also present
were Chenoweth, Hoyt and Kelly.
APPROVAL OF MINUTES OF 11/25/92
Council approved the Minutes of November 25, 1992 by unanimous
consent.
ADDENDA TO AGENDA
Council approved the following additions to the agenda: Consent
Agenda: Item C -3, End -of -the Year Tax Increment Fund Changes,
and Policy Agenda: Item P -3, Proposed Resolution calling for a
Public Hearing on the Issuance of G.O. TIF Refunding Bonds.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1. Disbursements
a. General disbursements through 11/30/92, $22,977.74
b. Payroll, 11/15/92 11/30/92, $10,220.82
2. Adoption of Resolution R -92 -50 Transferring Funds from
the TIF District #1 Pool Fund to the 1985 B TIF Bond
Fund
3. Allocating 25% of 1993 MSA funds for maintenance and
future road project costs
4. Approval of Capitol City Mutual Aid Association
Agreement
5. Authorizing purchase of 2 electric cord reels from
General Safety Equipment for $1,750 plus tax (for new
fire truck)
6. Licenses: Pizza Hut, Restaurant and On -sale Malt
Liquor, #0997, and Ciatti's, On -Sale Liquor #22, Sunday
Liquor #21, Restaurant and Cigarette, #0998
7. Cancellation of 12/23/92 council meeting
8. Adoption of Resolution R -92 -51 Transferring and
Establishing TIF Fund Accounts
APPROVAL OF CONTRACT WITH LAUDERDALE FOR FINANCIAL SERVICES
Hoyt explained that Lauderdale is interested in purchasing
financial advisory and investment services from
MINUTES
DECEMBER 9, 1992
PAGE 2
Falcon Heights and the proposed contract would provide for those
services. Following a brief discussion Gehrz moved approval of
the contract with Lauderdale. Motion carried unanimously.
PROPOSED RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE
OF G.O. TIF REFUNDING BONDS
Hoyt informed council that it now seems advantageous to consider
refunding some of the city's outstanding bonds and in order to do
so it is necessary to schedule a public hearing. After a brief
discussion council, by unanimous consent, adopted Resolution R-
92-52 calling for the hearing for January 13, 1993.
RESOLUTION R -92 -52
RESOLUTION CALLING FOR A PUBLIC HEARING
ON THE ISSUANCE OF GENERAL OBLIGATION
TAX INCREMENT REFUNDING BONDS
WORKSHOP SCHEDULED FOR 1/6/93 AT 7:00 P.M.
Council scheduled a workshop for January 6, 1993 at 7:00 p.m. to
discuss the refunding procedure.
7:19 P.M. HEARING ON 1993 BUDGET
Baldwin opened the public hearing at 7 :19 p.m. Hoyt explained
the budget preparation process, the anticipated expenditures,
sources of revenue, and the taxing procedure. Kelly explained
the general fund portion of the budget.
There being no one in attendance wishing to be heard, Baldwin
closed the hearing at 7:47 p.m.
PROPOSED RESOLUTION R -92 -53 ADOPTING THE 1993 BUDGET
Gibson Talbot moved adoption of Resolution R -92 -53 which carried
unanimously.
RESOLUTION R -92 -53
A RESOLUTION ADOPTING THE 1993 BUDGET
AND CERTIFYING THE 1993 TAX LEVY
INFORMATIONAL ITEMS NOTED
1. Solid Waste Commission Minutes of 11/05/92
2. Human Rights Commission Minutes of 11/19/92
MINUTES
DECEMBER 9, 1992
PAGE 3
ADJOURNMENT
The meeting was adjourned at 7:52 p.m.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
s s nt one
Meeting Date: 1/13/93
Agenda Item: C -1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Resolution R -93 -1 designating official
depository for 1993
SUBMITTED BY: Tom Kelly, City Accountant
EXPLANATION /SUMMARY:
State law requires this designation by city council at the first
meeting of each year. North Star State Bank has provided good
service in the past and staff is recommending designation of
North Star State Bank for 1993.
ACTION REQUESTED: Approval
n `Qn e t `can n 'arisen n
No. R -93 -1
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Jan. 13, 1993
A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY
FOR THE GENERAL AND SINKING FUNDS OF THE CITY
OF FALCON HEIGHTS
BE IT HEREBY RESOLVED, by the city council of the City of
Falcon Heights that the North Star State Bank of Roseville be designated
as depository for the funds of the City of Falcon Heights, and the
Administrator or Designee is authorized to deposit general and other
funds therein. Collateral shall be furnished by the North Star State Bank as
required by law.
Moved by Approved by
BALDWIN Mayor
CIERNIA In Favor Jan 13, 1993
Date
GEHRZ
JACOBS Against
GIBSON TALBOT
Attested by
City Clerk
Jan. 13, 1993
Date
oia 0 n.. on ::l:.: 0 0 11 ::C t
Meeting Date: 1/13/93
Agenda Item: C 2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Review and Reaffirm or Amend City Council
Standing Rules adopted October, 1987
SUBMITTED BY: Shirley Chenoweth, City Clerk
EXPLANATION /SUMMARY:
Each year the city council reviews the operating procedures it
intends of use and decides whether changes are warranted.
An annual review has traditionally been done the first meeting in
January with the other "housekeeping" items.
ATTACHMENT:
Standing Rules
ACTION REQUESTED: Reaffirm council Standing Rules
FALCON HEIGHTS CITY COUNCIL
COUNCIL MEETING STANDING RULES
October 14, 1987
INTRODUCTION
In the belief that the best decisions are made by the best
informed decision makers and that the public decision process is
best served when the public has every opportunity to present views,
the following rules are established to govern regular and special
council meetings as well as formal public hearings. There are
several goals behind these rules.
1. In general, free and open discussion by all interested
parties should be an essential part of the decision making
process.
2. The council process should have as little procedural
overhead as possible.
3. Time is better spent on substantial matters rather than
proforma matters.
MEMBERSHIP
The formal council membership consists of the four
councilmembers and the mayor. All five have one vote each and all
five can introduce motions. For purposes of leading the meeting,
the mayor, or in the absence of the mayor the acting mayor, will be
considered the chairperson.
RULES
Agenda
1. To be considered, an item must be on the agenda and the agenda
must be distributed to all the council members and any other
persons having responsibility for an item at least three working
days prior to the meeting. An agenda can be modified with addenda
by a majority vote but this should be used only for minor items or
items with extreme time constraints.
2. An item can be moved from the consent agenda to the action
agenda at the request of any council member.
3. Since there will be audience and cable TV viewers not familiar
with each item, the chair will give a brief explanation of each
item as it is addressed.
Page 2
4. The order of items on the agenda need not be followed
absolutely. The chair may adjust the order in the interest of:
a. Filling in time before a scheduled item, i.e. a public
hearing.
b. Grouping several items to best make use of consultant
time.
c. Accommodating individuals who have attended the meeting
specifically to provide input on an item.
Process Regular and Special Council Meetings
1. For these proceedings the council will use the 'open
discussion' procedure. That is, discussion is open to any member
before or after a motion is made. This privilege is also extended
to the city administrator, city clerk and any of the consultants
who may have an interest in or can contribute to the item at hand.
2. At the discretion of the chair, this privilege is also extended
to those members of the audience who wish to provide input. The
chair may also rule out of order any input felt to be redundant,
superfluous or irrelevant.
3. The chair can make liberal use of the "unanimous consent"
procedure. That is, items that in the judgment of the chair are
likely to be unanimously approved, can be introduced for approval
with the statement "If there are no objections, stands
approved (or denied)." If any council member has an objection, the
item reverts to the standard motion procedure. This "unanimous
consent" procedure cannot be used for items requiring formal votes,
i.e. resolutions.
4. The standard motion procedure is changed to not require a
second. A motion need only be made to be considered. This also
applies to amendments.
5. To eliminate confusion, only one amendment will be considered
at a time and that amendment must be germane to the motion. An
amendment cannot itself be amended. If a change to an amendment is
deemed appropriate, the amendment should be withdrawn and
reintroduced accordingly.
6. The general mode of voting will be by acclamation but with
enough clarity that the individual votes can be recorded in the
minutes. If in doubt the city clerk can request a clarification.
Page 3
7. The meeting will be audio or video taped and the audio tape
will be retained for 6 months following approval of the minutes for
that meeting. The standard retention can be extended if in the
judgment of the mayor, city administrator, city clerk or any
councilmember such action is warranted. The general retention of
the video tape will be 2 months. The city clerk will keep a log of
retained audio and video tapes.
8. If the council action is the result of a resident request and
that request is denied in whole or in part, reasons of fact
supporting the denial will be made part of the public record.
9. No council meeting will extend beyond 10:30 P.M. except by
unanimous vote. This rule is not subject to the modification or
suspension provisions of the Standing Rules.
Process Public Hearings
Since a public hearing is a more formal procedure and often
requires certain procedures and actions to be legal, the meeting
rules are changed accordingly.
1. The primary aim of a public hearing is to take input from the
public. To accomplish this in the most effective manner the chair
will introduce the hearing with an explanation of the issues. This
explanation will be given by the chair or a person designated by
the chair. The use of explanatory visual aids is encouraged.
2. Following the explanation, input from the public will be taken.
Prior to accepting input, though, the chair will state the areas
where input will be appropriate, the maximum time to be allotted to
any individual presenter and any other procedural rules deemed
appropriate to guarantee that all concerned parties have a fair and
adequate opportunity to be heard.
3. All individuals wishing to speak must fill out and submit an
identification form and speak into a recording microphone.
Individuals not wishing to speak in public may provide a written
statement. The council may take up to 15 minutes to review written
statements presented at the meeting. If the council decides to not
act on the issue at the public hearing meeting, it may by majority
vote extend the time where written input will be taken to a day no
later than 1 week before the next meeting where a deciding vote is
planned.
4. All speakers are expected to be business -like, to the -point and
courteous. Anyone not abiding by these rules will be considered
out of order.
Page 4
5. The council will refrain from initiating a discussion during
the public input phase of the hearing except to clarify
brought up. These 'point of information' requests should be held to a minimum.
6. Once the public testimony phase is complete the chair will
announce the public hearing to be closed and the council will
revert back to its open discussion mode of operation. From this
point on public input will only be appropriate when solicited by
the council.
7. Voting on any motion that results from a public hearing will be
by roll call. To eliminate any roll call bias, the order will be
rotated each month and will be reflected in the 'call to order'
roll of the agenda.
8. It shall be the intent of the council to vote on the issue at
the same meeting as the public hearing and as close in time to the
public hearing as possible. Should it be necessary to defer voting
until a later date, that procedure will be clearly explained to the
audience.
9. No public hearing will extend beyond 10 P.M.
10. If the motion contains conditions, as may occur in conditional
use or variance requests, those conditions will be conveyed in
writing to the requestor.
11. If the public hearing is the result of a resident request and
that request is denied in whole or in part, reasons of fact
supporting the denial will be made part of the public record.
12. If the public hearing is to set an assessment rate, the
assessment formula(s) under discussion cannot be altered. This
implies that the council has fully discussed any formulas prior to
the hearing and that the appropriate legal, fiscal and engineering
consultants have passed on formula(s) viability, legality and
feasibility.
13. If the hearing is to set an assessment, it cannot be scheduled
later than the first meeting in September. This is to allow time
to correct any errors prior to the time needed to certify the rolls
to the county.
Page 5
ADOP TION /MODIFICATION /SUSPENSION
These rules with the exception of the mandatory 10:30 P.M.
adjournment can be adopted, modified or suspended in whole or in
part by a 3/4 vote of the council. If suspended, they are
automatically reinstated at the next meeting. Should they be
suspended or a situation occurs that is not covered by the standing
rules, Sikkink's Seven Motion System (attached) will apply.
ANNUAL REVIEW
These rules will be reviewed annually at the first meeting in
January.
INTERPRETATION
The chair will interpret the rules. However, the chair's
interpretation can be appealed by any council member and can be
overruled by a majority vote.
91
Applies Needs Can be Vote
To What Recog- Needs Dis- Amend- Re-
Motion Purpose Situations nition Second cussed able quired
'7)Restrict To stop or All dis- Yes Yes Yes Yes 2/3
Discuss- limit cussable
ion discussion motions
6)Appeal To let the To deci- No Yes Yes No Majority
group vote of the
on a chair-
1 chair's person
decision
Not a Any appro- No No No. No Chair
motion but priate decides
a way to situation subject
question, to
challenge, appeal
or seek help
'4)Postpone To delay General Yes Yes Yes Yes Majority
action on motions
any general
motion to
a future
time
3)Refer To have a General Yes Yes Yes Yes Majority
general motions
motion
studied by
a committee
(2)Meeting To recess Made to Yes Yes Yes Yes Majority
Termina- during a recess or
tion meeting or adjourn
to end a
meeting
(1)General To bring up For doing Yes Yes Yes Yes Majority
business business
for majority
decisions
by the group
..1
Meeting Date: 1/13/93
Agenda Item: C 3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Designation of official newspaper
SUBMITTED BY: Shirley Chenoweth, City Clerk
REVIEWED BY:
EXPLANATION /SUMMARY:
The city has received a proposal from The Focus newspaper. State
statute requires the city to designate a legal newspaper of
general circulation in the city and The Focus does meet the
circulation requirement.
The Focus has been the city's official newspaper for the past
several years and has proven to be reliable and cooperative.
ACTION REQUESTED: Designate The Focus as the city's official
newspaper for 1993
Cei)Y
Meeting Date: 1/13/93
Agenda Item: C 3(A)
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Ratification of Settlement Agreement
with the Commercial State Bank
SUBMITTED BY: Tom Gedde, City Attorney
REVIEWED BY: Susan Hoyt, City Adminstrator
City Council
EXPLANATION /SUMMARY:
Last spring the city council gave the city attorney the authority
to execute a settlement agreement with the Commercial State Bank
on the Stratford Project at an executive session. The city
council reviewed the document prior to the attorney's signature.
The settlement agreement ended pending litigation and provided
for the sale of the Commercial State Bank property to Rottlund
Development. This is a housekeeping item.
ACTION REQUESTED:
Formally approve May 5, 1993 settlement agreement.
ent C onsent.. Cc r e
`.:::::,.:,:sent Consent C :n
Meeting Date: 1/13/93
Agenda Item: C 4
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Designation of the contractual consultants
and inspectors for 1993
SUBMITTED BY: Shirley Chenoweth, City Clerk
REVIEWED BY:
EXPLANATION /SUMMARY:
Designation of Consultants:
Fiscal Consultant Ehlers and Associates, Inc., Steve
Apfelbacher
Designation of Contracted Consultants:
Engineer Terry Maurer Maier Stewart and Associates
Civil Attorney Peter Bachman, Leonard, Street and Deinard
Prosecuting Attorney Jerome Filla, Peterson, Fram and Bergman
Auditor Kern, DeWenter, Viere, Ltd.
Designation of Inspectors:
Building and Plumbing Inspector David R. Kriesel
Mechanical Inspector Eugene Pakoy
ACTION REQUESTED: Designation of consultants and inspectors
as listed above.
6fri en +onset e
sen 'on n on
Meeting Date: 1/13/93
Agenda Item: C 5
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Contract for civil legal services with
Leonard, Street and Deinard
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Peter Bachman, City Attorney
EXPLANATION /SUMMARY:
On October 28, 1992 the city council approved the hiring of
Leonard, Street and Deinard as the city's civil legal counsel.
Peter Bachman is the lead or city attorney. The attached
contract delineates the nature and costs of this service as
agreed upon by the city and firm.
ATTACHMENTS:
A Proposed contract for civil legal services
411,
ACTION REQUESTED:
Approve contract for civil legal services with Leonard, Street
and Deinard.
Consent Censer consent
CONTRACT FOR LEGAL SERVICES
CITY ATTORNEY CIVIL
The City of Falcon Heights, hereinafter referred to as "the
City agrees to employ Leonard, Street and Deinard, hereinafter
referred to as "the Firm as its civil attorney under the
conditions outlined in this agreement, and the Firm agrees to
accept such employment pursuant to the terms hereof.
I. CITY ATTORNEY (LEAD COUNSEL)
A. The Firm will act as the City Attorney in civil matters
for the City. Peter Bachman will act as lead civil
counsel for the City and will be designated as the City
Attorney. Mr. Bachman's designation as City Attorney
means that he will attend council meetings as requested
and be the main contact and legal representative for the
City on civil issues. He will consult with other
attorneys in the Firm, as necessary, and refer City
officials and staff to other attorneys when appropriate.
B. If Mr. Bachman cannot or does not wish to continue to be
the City Attorney for the City, Mr. Bachman or a
representative of the Firm shall inform the City.
C. Other attorneys as identified in Section III.B of the
attached proposal shall be available as needed for the
City's civil matters.
D. The designation of City Attorney does not preclude the
City from seeking legal counsel from another firm, if it
finds it necessary to do so.
II. DESCRIPTION OF LEGAL SERVICES
A. The City will request the City Attorney to act on civil
matters on an ongoing and "as needed" basis.
B. The types of services required may include, but may not
be limited to, some or all of the following:
1. Attendance at City Council meetings and other City
board, commission, or committee meetings as
requested by the City Council or City Administrator.
2. Drafting of ordinances, resolutions and
correspondence as requested.
PHB \FALCON \SVC- CONT.002
3. Review of council and planning commission agenda
items and minutes as requested.
4. Meetings and /or telephone conversations discussing
and advising Mayor, Council Members, City
Administrator and designated individuals on general
legal matters.
5. Review of municipal contracts, including contracts
for public improvements, joint powers agreements,
construction, purchase of equipment, and the like.
6. Representation of the City in the acquisition of
properties for public improvements, easements, parks
and the like.
7. Representation of the City in condemnation
proceedings for public improvement projects, etc.
8. Representation of the City in matters related to the
enforcement of City building, housing and zoning
codes.
9. Representation of the City in employment- related
issues, labor negotiations, arbitration,
administrative hearings, and in litigation involving
same.
10. Representation and advice with respect to municipal
employment matters including but not limited to:
PERA, labor agreements, personnel policy, FLSA,
veteran's preference, unemployment compensation and
worker's compensation.
11. Research and submission of legal options on
municipal or other legal matters requested by City
Council or City Administrator.
12. Providing a legal briefing as requested to the City
Staff and Council regarding new or proposed
legislation affecting municipal operations and
activities.
13. Providing periodic written updates on new state or
federal legislation or judicial holding impacting
upon the City, and suggested action or changes in
operations or procedures to assure compliance.
14. Defend the City in all litigation, except in those
cases where insurance companies are required to
exclusively provide defense, including but not
limited to: (1) human rights claims; (2) zoning and
PHB \FALCON \SVC- CONT.002 2
land use regulation matters; (3) permits and
administrative actions; and (4) labor and employment
matters.
15. Review bonds and insurance requirements required by
or for contracts or activities.
16. Respond to City Staff inquiries and return telephone
calls within the same day of inquiry.
C. The services described in Section IV of the attached
proposal are also available to the City.
III. BILLING /FEES
A. Fees
Category Hourly Rate
All Attorney time $95.00 per hour
Secretarial time [no charge]
Paralegal time $55.00 per hour
Law Clerk time $55.00 per hour
B. Monthly Billing Statements
1. Itemize the date of service.
2. Identify the attorney and /or support personnel
providing the service.
3. List time spent.
4. Provide a detailed description of the service
performed.
5. State the fees for the service.
IV. CONFLICT OF INTEREST
A. There are currently no conflicts of interest identified
by the Firm.
B. The Firm does not represent any local units of government
having jurisdiction within or contiguous to the City.
C. The Firm will follow its procedures for identifying
potential conflicts of interest as identified in
PHB \FALCON \SVC- CONT.002 3
Section V.D of the attached proposal, and notify the City
if any potential conflicts arise.
D. The Firm shall not accept any client or project which
places it in a conflict of interest with its
representation of the City. If such a conflict of
interest is subsequently discovered, the members shall
at all times comport their representation of the City
within the Code of Professional Responsibility.
V. CONTRACT ETHICS
A. The Firm shall not assign any interest in this contract
and shall not transfer any interest in the same without
the prior written consent of the City.
B. The Firm shall not discriminate under the contract
against any person in accordance with federal, state or
local regulation.
VI. TERMINATION OF CONTRACT
This contract for civil legal services may be terminated by
either party by giving thirty (30) days advance notice to the
other.
IN WITNESS WHEREOF, the parties hereto, through their
authorized representatives, have executed this agreement as of the
dates set forth below.
CITY OF FALCON HEIGHTS
Date: By
Thomas Baldwin
Its Mayor
Date: By
Susan Hoyt
Its City Administrator
LEONARD, STREET AND DEINARD, P.A.
Date: By
Fredric T. Rosenblatt
Its Managing Partner
PHB \FALCON \SVC -CONT.002 4
Proposal for Legal Services
to the
City of Falcon Heights
Leonard, Street and Deinard
Suite 2300
150 South Fifth Street
Minneapolis, Minnesota 55402
(612) 225 -1500
INTRODUCTION
The Minneapolis law firm of Leonard, Street and Deinard "LS &D is pleased to
submit the following proposal to the City of Falcon Heights "City to act as legal
counsel for the City. The proposal includes both civil legal services and prosecution
services, each bid separately. If the City desires to split representation of civil and
criminal matters, we would be pleased to serve as the City's general municipal, civil legal
counsel. We would not, however, be interested in prosecution work alone.
Law has increasingly become more specialized and many matters now require
unique skills or knowledge. A larger firm can provide these skills in a team approach
without expensive learning time. More important, the client receives quick and accurate
answers. We believe our firm is uniquely strong in the specialty areas particular to the
City's needs over and above general advice and prosecution, including the following:
zoning and land use
eminent domain
special assessments
environmental and Superfund matters
public sector labor and employment law
tax increment and municipal financing
competitive bidding and public contracts
data privacy, public meeting and conflict of interest
We would be pleased to be your lawyers.
Leonard, Street and Deinard has a substantial and extremely well respected public
law practice. We have repeatedly been selected as special outside counsel by cities,
counties, metropolitan agencies and units of state government to handle their most
challenging and complex cases. Our successful results in those cases speak for themselves.
We pride ourselves on the quality of our legal work, our responsiveness, and quick turn-
around time.
To fill out our repertoire of public law representation, LS &D desires to integrate
its special expertise in governmental matters by representing a smaller city in the
metropolitan area where the potential for conflicts of interest is minimal. We believe
that representation of Falcon Heights is an ideal match for both the City and the firm.
Because of our desire to expand our public law practice by becoming general counsel for
a local municipality, this proposal is made utilizing an hourly rate structure substantially
lower than our normal billing rates.
1
The remaining sections of this proposal are numbered to correspond to the like-
numbered sections of the RFP.
III. Required Contents for Proposals
A. Firm Background
Leonard Street and Deinard was founded in 1922, making it one of the oldest law
firms in Minnesota. The firm provides a full range of legal services, with practices which
include public and governmental law; zoning and land use law; administrative law;
environmental law; government relations and lobbying; municipal finance; real estate
development and finance; public and private employment law; construction law; corporate
and business law; tax law; and a full range of litigation. Our practice areas are more
fully described in the attached firm brochure.
The firm currently has 109 lawyers and is growing (at a time when many other law
firms are cutting back). We believe this is a function of our high quality legal work and
responsiveness to client needs.
Of particular interest to the City is our public law department which consists of
10 attorneys devoted full -time and five part-time to governmental and environmental law
matters. In addition, in areas related to public law, we have 10 attorneys in our
employment law department; 14 attorneys in our real estate department; 3 attorneys in
our property valuation department; 4 attorneys in our public finance department; and 15
attorneys in our construction law department. Many of these lawyers are actively involved
in litigation. There are 60 attorneys in the firm's litigation division and we have litigated
many significant public law cases.
The firm has a rich and varied history and we are especially proud of our strong
commitment to the community and to providing pro bono services and legal aid to the
indigent. Two of our partners have served as Chief Deputy Attorney General, the highest
ranking non elected government lawyer in the state. Many have served as judicial clerks
or worked in government or in public interest legal positions.
1. Brief History
a. Municipal Litigation
The firm has extensive litigation experience, having tried thousands of cases to
conclusion. In the past five years, dozens of cases have been tried before a jury.
Specifically with respect to municipal and governmental litigation, the firm has
represented both private parties and governmental units in contested or litigated disputes,
before courts or administrative bodies. Representative areas include:
2
environmental permit issuance, such as for the Hennepin and Dakota County
incinerators, the HHH Metrodome, the Minneapolis Convention Center, the
Hennepin County Regional Railroad Authority, and dozens of large and
small real estate developments
zoning cases for all types of projects
employment discrimination matters for the State University Board,
Minneapolis, Minnetonka and many corporations
public contracting cases for numerous bidders /contractors and the
Minneapolis Community Development Agency
condemnation for the Minneapolis Community Development Association and
many private clients
metropolitan significance matters including the Target Center and the Mall
of America for Minneapolis
open meeting and data privacy cases
fiduciary duty suit representing Minneapolis against the Minneapolis
Employee Retirement Board for breach of duty in $80 million investment
loss
Our municipal and governmental litigation experience has involved many of the
region's most complex recent cases for municipalities. Our representation of
governmental bodies as well as developers and citizen groups enables us to provide a
broad and experienced perspective in evaluating the City's exposure and prospects for
success in potential litigated matters.
b. Knowledge of the Following:
(1) Zoning Laws
LS &D has long been recognized for its expertise in representing clients in zoning
law matters. Several attorneys in the firm devote a significant portion of their practice
to zoning and land use development matters, including Peter H. Bachman (who as more
fully set forth below is proposed as the lead attorney for the City).
The firm currently represents the City of Minneapolis in a comprehensive revision
of the entire Minneapolis Zoning Code. The firm also represented the state in its
preparation of the North Shore Coastal Zone Management Plan and the Metropolitan
Council in the drafting of both the Metropolitan Land Use Law and the Metropolitan
Significance regulations. In recent years, the firm has represented the Cities of
Minnetonka, Saint Francis and South Saint Paul, as well as the Moose Lake Windemere
3
Sanitary Sewer District and the Saint Anthony Falls Heritage Board in specialized zoning
and land use related matters.
In addition, the firm represents a significant number of businesses, individuals and
citizen groups in zoning and land use related matters. Our work regularly involves
representing clients in matters involving rezonings, conditional use permits, planned unit
developments, development agreements, variances, nonconforming use determinations,
amendments to comprehensive plans, review of capital improvement programs, platting
and subdivisions, and environmental review of proposed land use projects.
We believe our expertise in the area of zoning law in the State of Minnesota is
second to none.
(2) Platting, Land Development
The firm has frequently served as special counsel to redevelopment authorities on
negotiation of complex development agreements governing all types of issues relevant to
these public bodies, including design standards, dedications and exactions, public facilities,
construction standards and the like. In addition, the firm has served as "Development
Coordinator" for a County HRA in a major program of moderate cost housing
development, working intimately with several suburbs on all aspects of the development
controls for these projects.
On the private side, the firm's clients are very active in residential and commercial
land development. Those clients include large and small new construction, residential
developers, non -profit developers and all types of commercial developers operating in a
variety of municipalities. To the best of our knowledge, none of these clients are
engaged in or are contemplating any development projects in Falcon Heights.
Through our representation of land developers, we have a great deal of experience
in the legal and practical issues involved in surveying, platting, subdivider's agreements,
security for subdivider's agreements and other issues relating to the process of subdivision
and land development.
(3) Condemnation Laws
LS &D has several attorneys whose practice is focused on matters involving
condemnation and property tax appeals and who have been involved in many of the
largest and most complex condemnation cases in the state. Representative cases include
the public purpose challenges to the City Center and Riverplace projects (litigated to the
Supreme Court), the largest taking for the Mississippi River Regional Park, all takings
for several major MCDA projects and recent key decisions related to awards for loss of
visibility and access on Highway 394, as well as Alevizos v. Metropolitan Airports
Comm'n and Ario v. Metropolitan Airports Comm'n (airport noise inverse
condemnations); Castor v. City of Minneapolis (municipal taking of easement of view);
Hennepin County v. Begin (municipal dedication requirement in condemnation case);
State v. Northwest Airlines. Inc. (alleged taking of access rights); Crystal Green v. City
4
of Crystal (municipal dedication requirement); and Potts v. City of Hugo (interpretation
of municipal zoning ordinance).
(4) MSA 429 Projects
The firm has been involved in a number of appeals of special assessments. While
this is not a mainstay of our practice, we are very familiar with all of the legal principles
pertaining to "benefited property" as well as the procedures for proposed assessments,
public hearings and appeals and are well suited to represent the City in this area.
(5) Environmental and Superfund Law
LS &D has one of the larger environmental practices in the state of Minnesota.
The firm has regular dealings with the Minnesota Pollution Control Agency "PCA and
the United States Environmental Protection Agency "EPA on a full range of
environmental issues.
In the Superfund area, LS &D has represented a number of businesses in superfund
investigations, lawsuits, settlements, and property cleanups. During the course of this
representation, we have hired and managed environmental consultants, worked with
generator groups and negotiated with governmental entities.
Other areas of environmental law our lawyers handle on a regular basis include
underground storage tanks, environmental criminal law and compliance, environmental
legislation and rule making, pre- purchase investigations, environmental assessment
worksheet and environmental impact statement compliance, wetlands issues, metropolitan
significance proceedings, and solid waste and resource recovery issues.
The firm is also proud of its commitment to public interest and public service in
the environmental field. Firm attorneys were founders of the Minnesota Public Interest
Research Group "MPIRG and counsel for the Sierra Club and have drafted many of
the state's key environmental laws, served on the board of the PCA, the Minnesota
Hazardous Substance Injury Compensation Board, the Minnesota Environmental Quality
Board, the Project Environment Foundation and the Minneapolis Environmental
Commission, and have served as chief counsel for the Minnesota Pollution Control
Agency.
c. Employment Law
LS &D's employment law department consists of 10 attorneys practicing full time
in the area of employment law. The firm is nationally recognized for its employment law
expertise and has represented numerous clients, both large and small, in public and
private employment matters. For example, we have represented the University of
Minnesota in three class action cases claiming discrimination in faculty appointments,
student aid and athletic scholarships. In addition, the firm litigated over 50 claims made
by female faculty members at the University of Minnesota in connection with the 1980
Rajender consent decree.
5
As examples of public employment law practice, we currently represent the City
of Minnetonka, the State University system, the League of Minnesota Cities and the
Metropolitan Waste Control Commission as outside counsel in selected employment law
matters.
d. Tax Increment Financing and Municipal Financing
Our lawyers have served as bond counsel for numerous cities and redevelopment
authorities and have regularly negotiated complex tax increment and development
agreements and assessment agreements or lease agreements to secure tax increment. Our
bond group's experience covers all types of bonding, including general obligation, tax
increment, revenue, essential function and taxable issues, for all types of purposes:
housing, infrastructure, and economic development. Representative clients include
Minneapolis; Saint Paul; MCDA; Minneapolis /Saint Paul Housing Finance Board;
Ramsey, Anoka and Dakota Counties; Duluth; Moorhead; Roseville; Vadnais Heights;
and Moundsview. We believe our ability to act as development and bond counsel will
minimize cost and ensure coordination as compared to use of separate firms for these
types of projects.
e. Prosecution, Plea Bargaining and Code Enforcement
Rejoining the firm after six years as a prosecutor with the United States Attorney's
Office in Minneapolis, Henry J. "Hank Shea is proposed to serve as the supervising
attorney for the City's criminal prosecutions. Following four years as Assistant to the
General Counsel, United States Department of the Army, Hank was a Special Assistant
United States Attorney in Washington, D.C. and, later, an Associate with this firm
handling complex commercial litigation. Hank then became an Assistant United States
Attorney and handled complex criminal matters. He tried 23 felony cases, and briefed
and argued over a dozen cases to the 8th Circuit Court of Appeals. Perhaps his best
known prosecutions were United States v. Harold W. Greenwood. Jr. et al. and United
States v. C. Bruce Solomonson.
William H. "Bill") Koch will serve as lead prosecutor. Bill also began his criminal
litigation with the United States military. For three years, Bill served as the chief
prosecutor, and later defense counsel, at Andrews Air Force Base. As a prosecutor, Bill
successfully prosecuted Air Force members charged with child molestation, drug use and
distribution, larceny, assault and other felonies and misdemeanors. At the same time, he
served as a Special Assistant United States Attorney and solely administered a docket of
over 1,200 misdemeanor cases in the United States District Court of Maryland, achieving
a 99% conviction rate. Later, as a defense attorney for Air Force members, Bill was
responsible for the active representation of all personnel at ten bases in five states. Bill
defended major felony as well as more traditional misdemeanor charges. He achieved
a 90% retention rate in administrative discharge boards and was similarly successful in
the criminal context.
6
Both Hank and Bill have worked very closely with law enforcement personnel.
Falcon Heights can be assured that they will fully support law enforcement personnel,
while at the same time helping to educate the personnel to emerging legal requirements
and shaping a productive atmosphere for community involvement with innovative
programs, if desired. Leonard, Street and Deinard will provide experienced, effective and
enthusiastic prosecutorial services for the City of Falcon Heights.
2. Number of Attorneys /Specialties
The firm has 109 attorneys with a wide range of specialties. Attached to this
proposal is a description of some of LS &D's practice areas that may be of particular
interest to the City.
3. Number of Paralegals /Specialties
The firm employs 25 legal assistants who have experience in the following areas:
public law, real estate, employee benefits, environmental law, banking, bankruptcy,
business and commercial litigation, construction law, corporate and business law, estate
planning, family law, intellectual property law, probate and trust law, products liability,
and securities litigation and tax law.
LS &D's ratio of one legal assistant to every four lawyers is one of the highest for
a Twin Cities law firm. This allows us to suitably use legal assistants to reduce your
overall legal costs without compromising quality.
4. Support Personnel
LS &D has a full and able support staff to assist our attorneys. The firm's support
personnel, which number over 150 individuals, is managed by Mary Des Roches, LS &D's
chief operating officer. Mary was formerly Comptroller for Minneapolis and Chief
Financial Officer for the University of Minnesota.
Support staff include secretaries, word processing specialists, receptionists,
information management and computer system specialists, library services, litigation
support, practice development, records management and recruiting. Our firm has been
recognized nationally for its integrated computer support facilities.
5. Office Organization and Support Capabilities
The firm is organized into two major divisions: Business and Litigation. Each
division is further segmented into separate departments in order to handle our client's
legal needs in the most efficient manner possible.
The Business division is comprised of the following departments: (1) real estate;
(2) public finance; (3) corporate and business law; (4) banking and business
reorganization; and (5) tax, estate planning and probate.
7
The Litigation division is comprised of seven departments: (1) public law;
(2) employment law; (3) property valuation; (4) construction law; (5) business litigation;
(6) commercial litigation; and (7) product liability.
There is generally one secretary for every two attorneys. Firm attorneys also have
access to assistance from a substantial number of paralegals, case clerks and a regular
complement of law clerks. The firm handles all clerical services in -house and has one
of the most sophisticated computer systems of any law firm in the Twin Cities. We are
currently providing personal computers to all attorneys, as well as all paralegal, accounting
and secretarial personnel. These desk -top units are networked into a central mainframe
computer. This allows a totally integrated utilization of information, legal research and
legal documents. The firm also handles all accounting and record keeping internally,
allowing detailed billings indicating all items requested by the City.
We have a full -time staff providing in -house messenger and internal mail delivery
service, facsimile service, and document photocopying and binding service. Finally, the
firm has a major in -house library with both Lexis and Westlaw on -line computer research
capabilities and four full -time research librarians.
6. Flowchart of Work Process for Municipal Work
We envision that most work requests from the City will come from the City
Administrator who will be our primary contact person with the City (with the possible
exception of direct work requests emanating from City Council meetings where our
presence has been requested). Our policy is to return all telephone calls in the same day
they are received.
As more fully set forth in paragraph B below, we are proposing Peter H. Bachman
as lead counsel for general civil matters, assisted by Ellen G. Sampson as lead co- counsel
for public employment matters and Richard H. Martin as lead co- counsel for tax
increment financing and public finance matters.
With respect to prosecution matters, lead counsel will be William H. Koch, with
supervision by Henry J. Shea and assistance from other prosecutors on an as- needed
basis.
We envision that most primary contacts regarding legal representation will occur
between Peter Bachman and the City Administrator. The City Administrator, however,
will be free at any time at her discretion to contact other lead co- counsel or other firm
attorneys with specialized expertise on an as- needed basis.
7. Office Location
Leonard, Street and Deinard is located in the Fifth Street Towers building in
downtown Minneapolis, a short 10- to 15- minute drive from Falcon Heights.
8
B. Attorney Qualifications
1. Identify each attorney and support personnel who will be supplying
services for which the City will be billed.
As set forth above, it is anticipated that most of the City's civil legal services will
be performed by Peter Bachman as lead counsel. The following is a list of attorneys who
will supply civil legal services to the City for which the City will be billed:
Peter H. Bachman Lead counsel
Ellen G. Sampson (x i Lead co- counsel and primary contact for public
employment law matters
Richard H. Martin A Lead co- counsel and primary contact for tax
increment financing and public financing matters
Bradley J. Gunn Available as needed for specialized condemnation
matters
Martha C. Brand Available as needed for specialized environmental
matters
With respect to criminal prosecution matters, the following will provide services:
William H. Koch Lead prosecution counsel with primary responsibility
for day -to -day prosecutions with assistance from other
prosecutors on an as- needed basis
Henry J. Shea General supervision of prosecution services on an as-
needed basis
In addition to the above, we will endeavor to use law clerks wherever possible for
legal research matters. Law clerks will be billed at the hourly rate set forth in section
D of this proposal.
2. For each person identified, please state:
a. Relevant academic training and degrees.
b. A description of their prior municipal experience in the areas
covered by your proposal and an estimate of the percentage
of their work in those areas from 1988 through 1991.
c. Other background or experience which may be helpful in
evaluating your proposal.
9
Peter H. Bachman, lead general counsel. Peter is a 1982 cum laude graduate of
William Mitchell College of Law and has devoted the past 10 years to practicing in the
areas of governmental law, land use and zoning law, real estate law and environmental
law. He is a past adjunct legal writing professor at William Mitchell College of Law and
one of the leading recognized land use attorneys in the State.
From 1983 to 1988, Peter was an attorney for the Metropolitan Council. In that
capacity, he obtained extensive experience representing a political subdivision, including
expertise in the areas of land use law, environmental review, solid waste, competitive
bidding and public contracting, public employment law, data privacy law, open meeting
law, and conflict of interest law. He also has represented the Metropolitan Council's
HRA and served as initial start-up counsel for the Regional Transit Board.
From 1988 through: January 1990,.Peter served as special counsel to the City of
Minneapolis on land use and zoning matters. He currently represents the City of
Minneapolis as outside counsel regarding the comprehensive revision of the entire City
of Minneapolis Zoning Code.
Peter joined LS &D in February 1990 and since that time has represented a wide
variety of private and public clients in zoning, land use, real estate and environmental
matters.
He has represented the Minneapolis Community Development Agency in several
matters, including drafting the ordinance necessary to restructure the Minneapolis Public
Housing Authority and separate it from the Minneapolis Community Development
Agency, a matter involving extensive public employment and labor law issues. He
negotiated and drafted an agreement between the MCDA and an outside operator for
operation of the Minneapolis Upper Harbor River Terminal. He also has represented
the MCDA in matters involving the Little Earth Housing Project in Minneapolis.
In addition to the City of Minneapolis and the MCDA, Peter has provided outside
counsel in land use related matters during the past two years to the Saint Anthony Falls
Heritage Board, the Moose Lake Windemere Sanitary Sewer District, the City of South
Saint Paul, and the Hennepin County Regional Rail Authority.
In the past two and one -half years, Peter has represented numerous clients in land
use and zoning matters in many different forums, including the City of Minneapolis, the
City of Plymouth, the City of Minnetonka, the City of Shorewood, the City of Owatonna,
the City of Brainerd, the City of Richfield, the City of Brooklyn Park, the City of Edina,
the City of Coon Rapids, the City of Afton, the City of Maple Grove, the City of
Roseville, Washington County, Holden Township, West Lakeland Township, the
Metropolitan Council, and the Minnesota Pollution Control Agency.
His representation in these matters has ranged from representing clients such as
Amoco Oil Company in site plan reviews, rezonings, conditional use permits and variances
to representing an asphalt company in mining permits and expansions of non conforming
10
uses to representing developers, individuals and citizen groups, both opposed to and in
favor of various developments.
Peter is a frequent lecturer on land use and zoning topics. In the past several
years, he has spoken at numerous seminars to train and advise city council members,
county commissioners, planning commission members, board of adjustment members, and
planning staff regarding land use related legal issues. He spoke on the subject of
development moratoriums at the 1992 Annual City Attorney's Update Seminar and is
scheduled to speak in December at the National Business Institute land use seminar.
In addition to his land use and municipal work, Peter has been involved in several
significant environmental assessment worksheet and environmental impact statement cases
and has been involved in several significant real estate matters including sales and
purchases of commercial properties, commercial leasing, and land platting and subdivision.
He also is a former clerk for the Minnesota Senate Judiciary Committee and recently has
become involved in the firm's legislative and lobbying work. He is a former charter
member of the Minneapolis Environmental Commission and a current member of the
Board of Directors of the Project Environment Foundation. He has a proven track
record as a skilled advisor to governmental units and an extensive background in the
general areas of law relevant to the City.
Peter's practice from 1988 through the present has focused nearly 100% on land
use, environmental, real estate and general governmental law matters.
Ellen G. Sampson, principal co- counsel for public employment law matters. Ellen
graduated from Cornell University in 1966 with a B.A., cum laude, in government. She
received her M.A. from Rutgers University in 1974 and her J.D., cum laude, from William
Mitchell College of Law in 1984. She was the 1966 -67 Woodrow Wilson Fellow at the
University of Chicago and the M.D.E.A. Title IV Fellow at Rutgers University, 1967-
69.
Ellen has substantial experience and background in governmental legal matters and
in employment law and litigation. After serving as the Committee Administrator for the
Minnesota House Appropriations Committee, she acted as the Assistant to the
Commissioner of the State Department of Employee Relations. Each of these positions
required significant coordination of legal and research efforts for a governmental entity.
Ellen also has served on the State Ethical Practices Board (Chair, 1987 -88) and on the
recent Regents Selection Committee. In the Appropriations position, Ellen developed an
extensive familiarity with the State legislative process. In the Department of Employee
Relations, she developed extensive familiarity with the requirements of public employment
law.
Ellen has represented numerous major employers, individual employees, and public
bodies. She currently represents as outside counsel for employment law matters, the City
of Minnetonka, the State University system, and the League of Minnesota Cities. She
also has extensive experience with the Minnesota Government Data Practices Act, the
11
Open Meeting Law, the Uniform Municipal Contracting Law, and is well suited, in
Mr. Bachman's absence, to attend City Council meetings on an as- needed basis.
From 1988 to the present, Ellen's practice has been almost exclusively in the areas
of employment law and litigation, government relations and general governmental advice.
Richard H. "Rich Martin, principal co-counsel for tax increment financing and
public finance matters. Rich is a graduate of Union College, Schenectady, New York
and of the University of Wisconsin Law School, cum laude. He has specialized in public
finance since 1977, and is one of the foremost recognized and respected bond counsel in
the metropolitan area. Rich's public finance experience includes extensive specific
experience in tax increment financing both through the issuance of bonds or notes to
finance tax increment eligible costs and through "pay as you go" tax increment
reimbursement arrangements. He has also been involved in drafting amendments to
Minnesota's Tax Increment Financing Law and in the development of proposals to use
tax increment financing for the remediation of environmental contamination. In addition
to tax increment financing experience, Rich has participated as bond counsel and /or
issuer's counsel in connection with the general obligation and revenue bond financing
for general municipal purposes, infrastructure, housing development, economic
development and environmental projects for a large number of municipalities and
governmental bodies in the Twin Cities metropolitan area.
From 1988 to the present, Rich has spent approximately 90% of his time on tax
increment financing and municipal finance matters.
Bradley J. "Brad Gunn graduated from Carleton College with a degree in
economics in 1978 and received his law degree from the University of Minnesota in 1981.
After a one -year judicial clerkship, Brad entered private practice. Since that time, he has
practiced primarily in the field of condemnation and eminent domain. He is a recognized
authority in the field and has spoken at general continuing legal education seminars on
the topic. In addition, he has been appointed by the District Court to serve as a
condemnation commissioner.
Martha C. Brand. Ms. Brand practices in the areas of environmental and trade
regulation law at LS &D. She is a leading expert in environmental matters involving
municipal, state and federal compliance of leaking underground storage tanks and is a
frequent lecturer and author on the topic. Ms. Brand is also well known for her expertise
in legal matters involving asbestos removal and wetlands preservation. She is a past
member of the Minnesota Environmental Quality Board (EQB) and served as Chair of
the EQB's Water Resources Committee from 1985 to 1990. Prior to joining LS &D, Ms.
Brand was an Attorney Advisor to the Commissioner of the Federal Trade Commission
(FTC) from 1976 to 1977, Assistant to the Director of the FTC's Bureau of Competition
from 1975 to 1976 and a Trial Attorney for the FTC from 1974 to 1975. Ms. Brand is
a graduate of Wellsley and Boston University Law School.
We believe this team of lawyers is ideally suited to fulfill the City's legal needs.
We have endeavored to keep the team as small as possible to ensure cost effective,
12
efficient legal service by lawyers, each of whom will have knowledge of and background
in the City's affairs, yet broad enough to provide specialized representation in all key
areas. The firm stands behind this team with its full resources. If the need arises, other
firm attorneys will be immediately available to the City at the request of the City
Administrator, to address unusual or complex issues in their areas of practice. We
believe this team provides a superlatively competent and coordinated representation of
the City for all of its legal requirements.
3. A description of the proposed allocation of work between the
attorneys) and the support personnel identified (i.e., who will be the
lead attorney and what work will be handled by junior partners,
associates or paralegals).
See paragraphs II.A.(6) and II.B.(1) and (2) above.
4. Current principal responsibilities for individual designated as lead
attorney including a statement indicating future availability.
As set forth above, Peter Bachman's principal responsibilities as a member of the
firm's Public Law department include land use, environmental and general governmental
matters. We are aware of no circumstances which would in any way limit Peter's future
availability to the City.
C. Firm Qualifications
1. References
Floyd B. Olson, Esq. Peter Bachman has worked closely with
Chief Deputy, Civil Division Mr. Olson on various legal matters in
Minneapolis City Attorney's Office Minneapolis
(612) 673 -2967
Jay M. Heffern, Esq. As an attorney for the Metropolitan
General Counsel Council, Peter Bachman has worked
Metropolitan Council closely with Mr. Heffern on a broad
(612) 291 -6359 range of governmental issues
Jon Elam Peter Bachman has represented clients
City Administrator in Maple Grove with interests adverse
City of Maple Grove to the City
(612) 420 -4000
13
Mr. John Shardlow Peter Bachman has presented several
Dahlgren, Shardlow and Uban, Inc. land use seminars with Mr. Shardlow
(612) 339 -3300 and has worked with Mr. Shardlow and
the members of Mr. Shardlow's firm on
numerous land use issues in different
cities, including Falcon Heights
Mr. Jay Jensen Rich Martin has worked with
Executive Director Mr. Jensen on numerous housing bond
Minneapolis Community Development and common bond fund issues for
Agency industrial and other development
(612) 673 -5215
Mr. James O'Leary Rich Martin has worked with
Deputy Director of Economic Mr. O'Leary on numerous tax
Development increment financings, tax increment
Saint Paul Housing and Redevelopment bonds, and other public financings
Authority
(612) 228 -3212 JG
Desyl Peterson, Esq. kr Ellen Sampson has worked closely with X
Minnetonka City Attorney Ms. Peterson on a variety of public
City of Minnetonka employment related matters.
(612) 939 -8200;
4-- 17- 2. Statement of 1991 billings from municipal work as a percentage of
total 1991 billings.
While we do not divide our billings in this fashion, we estimate 1991 billings to
governmental clients at $1.25 million or five percent and billings on
municipal/governmental matters for all clients, public and private, at $3.5 million or 15
percent.
D. Fees
1. We propose a single hourly rate for all civil and prosecutorial legal
services provided to the City (except as stated below for bond issuances and matters
where the City's legal fees are reimbursed by the applicant), no matter which attorney
performs the services. The hourly rate we propose for all civil legal services is $105 per
hour. This is a substantial reduction in the normal hourly rate of all attorneys who would
perform work for the City under this proposal.
The firm does not bill for secretarial time. Secretarial time is included in the
attorneys' hourly rate.
14
Wherever possible, for necessary research matters, we will endeavor to use the
services of law clerks. Law clerks' time will be billed at an hourly rate of $55. In table
form, the proposed fees are as follows:
All attorney time spent on civil legal matters, including $105
attendance at City Council meetings
All attorney time spent on prosecution matters $105
Secretarial time $N /C
Paralegal time $80
Law clerk time $55
For informational purposes only, the standard 1992 hourly billing rates for the
team attorneys (which we are not proposing to bill the City) are as follows: Peter
Bachman/$160; Ellen Sampson /$185; Rich Martin /$220; Brad Gunn /$190; Martha
Brand /$215; Bill Koch /$125; and Hank Shea /$185.
For bond work involving the actual issuance of bonds where attorneys' fees are
part of the transactional costs of the issuance and for land development agreements and
matters where the City is reimbursed by the applicant for legal fees, we would anticipate
negotiating rates in an amount acceptable to the City but more nearly approximating our
normal billing rates.
2. Monthly Billing Statements
The format of the firm's monthly billing statements will be in compliance with all
items specified in the request for proposal.
IV. Legal Services Description
The firm is well qualified to provide all legal services described in paragraphs A
through P. Specifically, we have had substantial experience in drafting municipal
ordinances and resolutions, drafting of joint powers agreements and municipal contracts.
Firm attorneys are active at the Minnesota Legislature and able to keep the City
advised of all pertinent legislative development.
The firm has access to slip opinions almost immediately after court cases are
decided and well before publication in Finance and Commerce. Peter Bachman regularly
tracks municipal- related decisions and will provide legal briefings on current matters as
they develop.
15
V. Conflict of Interest
A. Indicate whether you or your law firm represent, or have represented, any
client which representation may conflict with your ability to serve as City
Attorney.
We represent no client which would conflict with our ability to serve as City
Attorney. We do represent Amoco Oil Company on an on -going basis with respect to
zoning and land use matters in the metropolitan area. If any potential conflict arose, we
would not represent Amoco in its dealings with the City.
B. Do you currently represent any real estate developers?
We currently represent several real estate developers; however, we are aware of
no plans for any proposed developments in the City of Falcon Heights. Again, if any
potential conflict arose, we would represent the City in such matter.
C. Do you currently represent any other local units of government having
jurisdiction within, or contiguous to the City of Falcon Heights?
No.
D. What procedures does your firm utilize to identify and resolve conflicts of
interest?
The firm has extremely efficient, mandatory procedures for the identification of
conflicts of interest prior to taking on new matters. Before any new matter is taken on,
a conflict of interest form is circulated to all attorneys in the firm and the firm
undertakes a computerized conflict review covering all active matters. This ensures
potential conflicts of interest are fully identified and resolved prior to commencing new
representation. The firm prides itself on having the highest of ethical standards and is
meticulous in its adherence to the Minnesota Rules of Professional Conduct.
VI. Contract Ethics
The firm will comply with all ethical considerations raised in the RFP. In
particular, the firm hereby certifies that it will not discriminate under the contract for
legal services with the City against any person in accordance with federal, state or local
regulation.
PHB \MKTG \FALCON.RSP 16
Meeting Date: 1/13/93
Agenda Item: C -6
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Contract for legal services for prosecution
with Peterson, Fram and Bergman
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Jerry Filla, City Prosecuting Attorney
EXPLANATION /SUMMARY:
On October 28, 1992, the city council agreed to hire the firm of
Peterson, Fram and Bergman for prosecution services. The
attached contract delineates the service and fees.
Please note that section II. C. includes the provision of civil
services upon request. This is included because there may be
times when Mr. Filla can provide legal counsel if there is a
conflict of interest with Leonard, Street and Deinard or it is
prudent. The rate for civil consultation is $90 /hour (rather
than $65 /hour for prosecution as identified in the proposal from
Peterson, Fram and Bergman.
Both contracts for legal services provide the city the right to
retain services from other law firms as deemed necessary by the
city council and /or city administrator.
ATTACHMENTS:
A Proposed contract for legal services for prosecution.
0A
ACTION REQUESTED:
Approve contract for prosecution services with Peterson, Fram and
Bergman.
en onsc 'an en on nt o n t r nt
CONTRACT FOR LEGAL SERVICES
CITY ATTORNEY PROSECUTION
The City of Falcon Heights, hereinafter referred to as 'the
city', agrees to employ Peterson, Fram and Bergman, hereinafter
referred to as 'the firm', as its prosecuting attorney under the
conditions outlined in this document.
I. City attorney
A. Mr. Jerry Filla will act as the city attorney in
prosecution matters for the city. His designation as
city attorney means that he will attend council
meetings as requested and be the main contact and legal
representative for the city on prosecution issues. He
will consult with other attorneys in the firm, as
necessary, and refer city officials and staff to other
attorneys when appropriate.
B. If Mr. Filla cannot or does not wish to continue to be
the city attorney for the city, Mr. Filla or a
representative of the firm shall inform the city.
C. Other attorneys as identified in Section III B of the
attached proposal shall be available as needed for the
city's prosecution matters.
D. The designation of city prosecution attorney does not
preclude the city from seeking legal counsel from
another firm, if it finds it necessary to do so.
II. Description of legal services
A. The city requests that the firm provide all prosecution
services including representing the city in court.
B. The firm shall provide the city with information on
the firm's prosecution policies and on specific cases
as necessary or upon request of the city council and /or
city administrator.
C. From time to time the city council and /or the city
administrator may request counsel on civil matters.
D. Respond to city staff inquiries and return
telephone calls within the same day of
inquiry.
Page 2
1/6/93
C. The services described in Section IV of the attached
proposal are also available to the city.
III. Billing /fees
A. Fees Hourly rate:
all attorney time 65.00 per hour
on prosecution matters
all attorney time
on civil matters $90.00 per hour
Paralegal time $50.00 per hour
B. Monthly billing statements:
1. Itemize the date of service.
2. Identify the attorney and /or support personnel
providing the service.
3. List time spent.
4. Provide a detailed description of the service
performed.
a. Specify State Fair prosecution separately
for billing purposes
5. State the fees for the service.
IV. Conflict of Interest
A. There are currently no conflicts of interest identified
by the firm.
B. The firm will follow its procedures for identifying
potential conflicts of interest as identified in
Section VII D. of the attached proposal, and notify the
city if any potential conflicts arise.
C. The firm shall not accept any client or project which
places it in a conflict of interest with its
representation of the city. If such a conflict of
interest is subsequently discovered, the members shall
at all times comport their representation of the city
with the code of professional responsibility.
Page 3
Jan. 13, 1993
V. Contract ethics
A. The firm shall not assign any interest in this contract
and shall not transfer any interest in the same without
the prior written consent of the city.
B. The firm shall not discriminate under the
contract against any person in accordance with federal,
state or local regulation.
VI. Termination of contract
The contract for legal services may be terminated by either
party by notifying the other party thirty days prior to the
termination date.
CITY OF FALCON HEIGHTS PETERSON, FRAM, BERGMAN
By: By:
Mayor
Administrator
RESPONSE
TO REQUEST FOR
PROPOSAL FOR LEGAL SERVICES
SUBMITTED BY
PETERSON, FRAM BERGMAN
TO THE CITY OF FALCON HEIGHTS
This Proposal is submitted in response to the Request for
Proposals for Legal Services, dated August, 1992, distributed by
the City of Falcon Heights. The format of the our Response
corresponds to the format of the Request for Proposals.
SECTION 1. REQUEST FOR PROPOSALS FOR LEGAL SERVICES
A specific response is not required.
SECTION II. INSTRUCTIONS TO PROPOSERS
A specific response is not required.
SECTION III. REQUIRED CONTENTS FOR PROPOSALS
A. Firm Background. In 1986, two law firms merged to form the
direct predecessor of Peterson, Fram and Bergman. One of those law
firms, Peterson, Gray and Sheehan, had offices in downtown St.
Paul. That firm had been in existence for over 15 years. The
other law firm, Franke, Riach and Franke, was a law firm with
offices in Roseville. That firm, and its predecessors, had been in
existence for approximately 20 years.
1. Brief History.
a. Municipal Litigation. The law firm has been engaged in
numerous civil lawsuits on behalf of our municipal
clients including matters relating to land use and
development (rezonings, special use permits, variances),
condemnations, special assessments, title matters,
construction litigation and code enforcement.
Most of these cases have been tried without a jury.
However, the two attorneys who are primarily responsible
for municipal work have litigation experience involving
juries, both criminal and civil.
b. Knowledge of the following:
1. Zoning Laws
2. Platting, Land Development
3. Condemnation Laws
4. MSA 429 Projects (procedures and appeals)
5. Environmental and Superfund Law
1
Our firm has provided legal services in all of the above
areas to municipal clients. In some cases, we have also
provided similar legal services to private clients.
c. Employment Law
Our firm has not represented municipal clients in
connection with labor -union agreements. We have dealt
with other public sector employment issues.
d. Description of experience with tax increment financing
and municipal financing.
Our firm has reviewed numerous documents associated with
municipal financing, including tax increment financing,
for our municipal and other clients. We do not act as
bond counsel.
e. Describe experience in prosecution including plea
bargaining and code enforcement.
Various members of our firm have prosecuted criminal,
traffic and code enforcement matters for the cities of
Shoreview, Arden Hills, Falcon Heights, Lake Elmo and
Blaine. Currently, we are processing approximately 700
cases per year. The majority of the cases are disposed
by plea at the time of pretrial, court trial or jury
trial. However, we try approximately 100 court trials
per year and 15 jury trials per year.
2. Number of attorneys /specialties.
A firm resume is set forth below:
Warren E. Peterson:
Warren Peterson is a 1964 graduate of William Mitchell
College of Law. He served as a law clerk for the
Minnesota Supreme Court, as a Special Assistant Attorney
General, and Assistant Ramsey County Attorney before
entering private practice. He practices in the areas of
general business law, including the purchase and sale of
businesses, estate planning and probate.
2
Glenn A. Bergman:
Glenn Bergman is a 1971 cum laude graduate of William
Mitchell College of Law. He practices primarily in the
real estate area. He is a past chairman of the Ramsey
County Bar association's Real Property Section and has
been involved in both residential and commercial real
estate development. He is a licensed title insurance
underwriter and a former Deputy Examiner of Titles in
Ramsey County. He has also represented various real
estate title and closing companies, as well as individual
buyers and sellers of residential and commercial real
estate.
Daniel Witt Fram:
Witt Fram is a 1976 cum laude graduate of William
Mitchell College of Law. He serves as General Counsel
for the Minnesota Association of Credit Unions and is a
member of the Mortgage Banker's Association, Minnesota
Trial Lawyers Association and American Arbitration
Association. He practices primarily in the area of
financial law and litigation, and is familiar with
consumer and commercial lending issues, primarily from
the perspective of both the borrower and lender. Mr.
Fram also maintains an active trial practice.
Timothy J. Hassett:
Timothy Hassett is a 1981 cum laude graduate of William
Mitchell College of Law. He practices primarily in the
areas of real estate and civil litigation. In the real
estate area, he represents residential and commercial
real estate brokers, developers, property managers, and
mortgage bankers. He is a member of the Minnesota Bar
Association's Real Property Legislative Committee and an
affiliate member of the Minnesota and Minneapolis Boards
of Realtors. He is a non realtor member of the Minnesota
Bar Association's Purchase Agreement Task Force.
Jerome P. Filla:
Jerome Filla is a 1968 graduate of the University of
Minnesota Law School. He is a former associate professor
at the University of Minnesota and has been in private
practice since 1969. He practices principally in the
area of municipal law and is primarily responsible for
the firm's representation of the cities of Shoreview,
Arden Hills and Lake Elmo.
3
John Michael Miller:
John Miller is a 1977 graduate of the University of
Minnesota Law School. He practices principally in the
areas of municipal law, real estate and civil litigation.
He is primarily responsible for the firm's representation
of District Memorial Hospital in Forest Lake and the
criminal prosecution work for Shoreview and Arden Hills.
He is the author of a book, published by Butterworth
Legal Publishers, on commercial real estate forms.
Michael T. Oberle:
Michael Oberle is a 1981 graduate of William Mitchell
College of Law. He practices primarily in the real
estate field, with an emphasis on representing banks,
mortgage companies, and savings and loans in the mortgage
foreclosure area. He is also a licensed title insurance
underwriter. He has represented real estate brokers and
sales persons, as well as buyers and sellers of
residential real estate.
Gary W. Becker:
Gary Becker is a 1978 graduate of the Ohio State
University Law School. He practices primarily in the
area of collections. In addition to Minnesota, he is
also licensed to practice in Wisconsin, Illinois, Florida
and Washington D.C.
3. Number of paralegals /specialties.
Our firm employs four paralegals one of whom devotes
approximately 40% of her time to municipal matters.
4. Support Personnel.
Besides the paralegals, our firm employs five full time
secretaries and other administrative staff.
5. Office organization and support capabilities.
Our office is organized such that each attorney has an
assigned secretary and in some cases a paralegal.
6. Flowchart of work process for municipal work.
The attorney who is primarily responsible for municipal
clients does or supervises all of the client's work so that
the client can communicate with one attorney in the office.
Obviously, there are times when specific attorneys other than
the attorney who is primarily responsible for a municipal
4
client will contact municipal clients directing. Attorneys in
our office collaborate on files as necessary.
7. Office location:
300 Midwest Federal Building
50 East Fifth Street
St. Paul, MN 55101
(612) 291 -8955
B. Attorney Qualifications.
1. Identify each attorney and support personnel who will be
supplying services for which the City will be billed.
Generally, Jerome Filla and John Miller will be the attorneys
who would be supplying services to the City. Occasionally, if
the expertise of another attorney in the firm is required,
that attorney may also provide services.
2. For each person identified, please state:
a. Academic training and degrees.
See firm background, Section III, 2.
b. Description of their prior municipal experience.
Jerome Filla has worked almost exclusively in the area of
municipal law since he began practicing in 1969. John
Miller has devoted a substantial portion of his practice
to municipal law since 1988. Mr. Filla spends
approximately 90% of his time on municipal related
matters. John Miller spends approximately 50% of his
time on municipal related matters. Mr. Filla has
represented the City of Shoreview as it primary City
Attorney since 1976 and has represented the City of Arden
Hills in civil matters since 1989. In 1990, the City of
Lake Elmo also became a client of our firm. The Memorial
Hospital District in Forest Lake, which is a political
subdivision of the state of Minnesota, has been a client
of Mr. Filla's since 1973. Mr. Miller assumed primary
responsibility for the Hospital District in 1988. Mr.
Filla has also done work for the City of Blaine and for
Elk River Township as a member of other law firms.
c. Other background or experience which may be helpful in
evaluating your proposal. Background or experience in
the areas of municipal law, land use regulation
planning and zoning, general and public contracting,
eminent domain, real estate, labor and municipally
related litigation will be of special interest in
5
evaluating proposals.
Aside from the experience in municipal law of Mr. Filla
and Mr. Miller, both have experience related to real
estate and other areas of general practice. As noted
elsewhere in this proposal, that experience relates to
each of the area described in the request. More
specifically, throughout the years of municipal
experience, our firm has prepared ordinances, attended
City Council and other public body meetings currently at
the rate of approximately eight per month, have been
consulted by City Staff on issues related to planning and
economic development, as well as municipal contracting
and eminent domain. We have represented municipalities
in various types of civil litigation, most of which have
involved development and /or zoning related type issues,
but also issues concerning title and use of real estate,
and, employment related matters. The firm has acquired
a great deal of experience in municipal contracting law
and competitive bidding requirements. The firm has also
been involved and given counsel concerning issues related
to the Open Meeting Law and its requirements.
3. A description of the proposed allocation of work between the
attorneys and support personnel identified.
It is proposed that Mr. Filla would be the attorney primarily
responsible for the City of Falcon Heights, with Mr. Miller
always available for consultation and d support. Other
attorneys would be available to lend assistance as necessary.
Mr. Filla and Mr. Miller review significant municipal matters
together on'a regular basis and will continue to do so.
4. Current principal responsibilities for individual designated
as lead attorney including a statement indicating future
availability.
Mr. Filla currently has primary responsibility for the Cities
of Shoreview, Arden Hills and Lake Elmo. Mr. Miller currently
has primary responsibility for the Forest Lake Hospital
District and is the primary support attorney for the Cities of
Shoreview, Arden Hills and Lake Elmo. Both attorneys are
capable of attending all of the various municipal meetings at
which municipal clients require legal services.
6
C. Firm Qualifications
1. The names and telephone numbers of three client references who
the City may contact. These are as follows:
Dwight Johnson
City Manager
City of Shoreview
4600 North Victoria Street
Shoreview, MN 55126
490 -4600
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
777 -5510
Catherine Iago
City Administrator
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
In addition to the cities of Shoreview, Lake Elmo and Arden
Hills, referred to above, the law firm has also represented
District Memorial Hospital in Forest Lake, during the period
referred to in the Request. The Hospital District is a
political subdivision of the State and, accordingly,
representation of it involves municipal related matters.
For further information, contact the following individual:
Jack Lannon
Administrator
District Memorial Hospital
246 llth Avenue S.E.
Forest Lake, MN 55025
2. Statement of 1991 billings for municipal work as percentage of
total 1991 billings.
12$ of the law firm's total billings for 1991 were for
municipal work.
D. Fees.
1. Hourly Rate (by position)
$90.00 Attorney (civil)
$65.00 Attorney (criminal)
$50.00 Paralegal
7
The law firm also bills for out of- pocket expenses based on
the amount actually incurred, or in some cases in which the
exact amount cannot be determined, the rates are as follows:
Photocopies: .10 per page
Fax Charge: 1.50 per fax
The hourly rate for council meeting attendance will be as set
forth above.
2. Description of billing format requested by the City can be
provided.
Our firm can provide the billing format requested.
SECTION IV. LEGAL SERVICES DESCRIPTION
Our firm is capable of providing all of the services identified in
this Section. However, we have not represented Cities in labor
negotiations in the past.
SECTION V. LEGAL SUMMARY 1989 -1990
No specific response is required.
SECTION VI. PROPOSAL EVALUATION AND APPOINTMENT
No specific response is required.
SECTION VII. CONFLICT OF INTEREST
A. Indicate whether you or your law firm represent, or have
represented any client which representation may conflict with
your ability to serve as City Attorney.
No.
B. Do you currently represent any real estate developers?
Our firm represents clients who develop real estate. None of
our current clients have projects or anticipate having
projects in any of the cities which we represent.
C. Do you currently represent any other local units of government
having jurisdiction within, or contiguous to the City of
Falcon Heights.
Yes, City of Shoreview and City of Arden Hills.
8
D. What procedures does your firm utilize to identify and resolve
conflicts of interest.
As files are opened, we check against current file lists. In
regard to municipal matters, we do not take clients who may
have potential conflicts with a municipal client. As to
existing clients who develop conflicts with municipal clients,
the non municipal matter is referred out of the office.
VIII. CONTRACT ETHICS
A specific response is not required.
b \fh2 -prop
9
Meeting Date: 1/13/93
Agenda Item: C 7
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Contracting for Karate Instructional Services
SUBMITTED BY: Carol Kriegler, Park and Rec Director
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Staff recommends contracting with or temporarily hiring Karl
Bradford of Karate Junction, 1550 W. Larpenteur, for karate
instruction to occur in an after school recreation program. The
6 week program is scheduled to begin January 25 at Falcon Heights
School. Mr. Bradford is a 3rd degree blackbelt and seven -time
national champion. He has instructed in several other area
community programs including Roseville Area Schools.
The decision whether to contract or hire Mr. Bradford (at
$20 /hour) is contingent on whether or not the city's liability
insurance will cover him as an instructor under a contract. If
it is unclear whether or not the insurance will cover him, the
city will temporarily hire him like it does all other coaches to
guarantee that he will be covered. Staff is waiting for a
response from the insurance company.
ACTION REQUESTED: Contracting for karate instructional
services at a cost of $20 per session
(or /hour), $120 total.
Meeting Date: 1/13/93
Agenda Item: C 8
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Resignation of David Wickhem, 1537 W. Iowa,
from the Parks and Recreation Commission
and appointment of Marcia M. Sundquist,
1666 Coffman to complete the term.
SUBMITTED BY: Tom Baldwin, Mayor
REVIEWED BY: Carol Kriegler, Park and Rec Director
EXPLANATION /SUMMARY:
Mr. Wickhem has been unable to attend meetings for the past
four months due to other commitments. Ms. Sundquist is
available and willing to complete Mr. Wickhem's term which
expires December 31, 1994.
ATTACHMENT:
A. Ms. Sundquist's application
ACTION REQUESTED: Acceptance of resignation of David Wickhem
and appointment of Marcia Sundquist to the
Park and Recreation Commission
CPWOUNCEMOWNCOniefiValidefireithgehriVangehtileofifintiVonidit
FALCON HEIGHTS COMMISSION /COUNCIL APPLICATION
DATE
NAME: G� 2 1
ADDRESS:
-7. 30Zn PHONE
HOW LONG AT ABOVE ADDRESS? YEARS
IN WHAT CAPACITY DO YOU WISH TO SERVE? 7
../.l�l
REASON YOU WISH TO SERVE ON ABOVE: Cli7-2-7
PRIOR PUBLIC (OR RELATED) SERVICE:
OTHER RELEVANT BACKGROUND (OR COMMENTS):
ecru° X 1 9 ,a 46 -G/
nsent Consent `on Co Q
Meeting Date: 1/13/93
Agenda Item: C -9
CITY OF FALCON HEIGHTS
REQUEST -FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Commission Reappointments
SUBMITTED BY: Shirley Chenoweth, City Clerk
REVIEWED BY:
EXPLANATION /SUMMARY:
The following terms expired 12/31/92 and all of the members
listed are eligible and willing to be reappointed to serve three
year terms to expire 12/31/95:
Solid Waste Commission
Laura Kuettel
Michael Haglund
John Hustad
Parks and Recreation Commission
Jyneen Thatcher
Morris Nicholson
Human Rights Commission
John Treadwell
Gwen Willems
Planning Commission
Kay Andrews
Paul F. Kuettel
Leonard Boche
Leonard Boche's term also expired 12/31/92. Mr. Boche
has already served two three year terms; however, it is
recommended that he be reappointed to an additional one year
term to expire 12/31/93.
ACTION REQUESTED: Approval of commission appointments as
listed above.
Q:•:... Consent Con n on'
Meeting Date: 1/13/93
Agenda Item: C 10
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Appointment of Bryon Anthony Schultz to
Fire Department
SUBMITTED BY: Leo Lindig, Fire Chief
Fire Department Review Board
REVIEWED BY:
EXPLANATION /SUMMARY:
Mr. Schultz is a Lauderdale resident and is readily available
for fire calls. The appointment is pending the passing of the
Ramsey County fire chief's physical agility test on January 18,
1993 and a doctor's physical. Failing to pass either of these
tests makes the applicant ineligible for a firefighter's position
with the City of Falcon Heights.
This appointment will bring the number of fire personnel to 27.
35 members are permitted.
ACTION REQUESTED: Appointment of Bryon Anthony Schultz to
the Fire Department subject to passing the
two physical tests and probation period.
Meeting Date: 1/13/93
Agenda Item: C -11
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Management education course for city
administrator
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY:
EXPLANATION /SUMMARY:
The city administrator is requesting that $780 of her annual
training and travel budget be used for a graduate course in
executive management training at Hamline University. The course
meets from 8:30 AM to 3:30 PM on seven Fridays beginning in
February and ending in May. The course is approved by the
Minnesota City /County Managers Association.
The administrator will use comp time to cover the out -of- office
time.
(This was included in the December consent agenda circulated to
council.)
ATTACHMENTS:
A Course brochure
ACTION REQUESTED:
Approve education for city administrator from annual training
budget.
Co ent.... o e t onsen ncse
5 a n O .0 "t7 CT '0 O w 0 3 w 9.
G. n 0 o aroao o c
D R S 0 n p
n t11 an ^wy., v' 'ti�4zw' �cb 0 owo
a G x CO n 5 00 CD cn a o rD g 0 ti, a, ao o :I 2 a E k 0
R
C 5' 5 y ''G O Z •i G. p (D w C ,c7 a r C p k (D C
O CD y as fD C7 P 7 (1) cr W a. a 000. ti O O 5 v, C D
'0 (D 0 a. ,.4 o 5 w b" 2 p v, v N C C
w° a D Z N a C l D w N w 5 a r D a. B Q A co a O D cn S lD (D C y
a cr 0 O y v �w N� 0 a c 5 0? P. a a 5 g° 0 co w a n CD o w CL 0. 0 0 0 w 0 a. y
o N O 0 C
D (D m o 5 a n 5 Al CD C) CM 0 a' 0
5 0 a.E o o CT ((I) 2 9 g cm c n
C 0 cn p v r N n O O (p m
co D, o 5 n
0
(D O I y
o E o a c w w d c O 5 C o n a m q D C x 0 7d cn w
C a a n o a p v a' C a y c o (nD o] p o k C o y a
B' 'G y y 5 7 C O w a n'- 5 w P p CD lD ti 5 O O w N n c 2 o a' n
o (D (D n v c C v, v, l
C q 9 p o t ,tin Q 0 p ao a e 0 m rr 0 C u, n 0 N n 5'
c5 n C o a x 5- D O 0 5 p n tr. 0 v, a. q C ro w n� a n O .�1 CT Ora ^G
0 E ~ti. C G w (D y ao a w (o C 0 5 w[ C w. a
!D rS' C as 9 Z n W (D 0 (n O a a. 0 N 0 0 5--
an 0 0 t o w 0 0 C a a C 0 5 a Z C cry O 5 m n n cc,, w E z.
n o r, w° y a. 5 5 t;' S 'b 5 5 :ci 0 a' a. y- 5 0 z 0 0 0 cn v .0 0 y p y 0
O 0 0 p O N C a 0 w R W O y r, 0 (D a
O- o 0 h (D 0 w w rt 0 5' v, C. n v, 4 'U w b'' 0 CT 0 0 4 (D
0 x o u b o c o o a o n 2 "aw o (D cry y 0 e
(D w a w O C 0 w F a v, o 5 w n D a. O O C M 0 ti 2 C' O >S n C C
0 5 0 C O n t O F 9, O C a 5 C n n 0 v as 2 n b (p 0
r ro O A) O w V, n f•D p o0 0 w mo d D 4 i C Oro o C 5 c o P, o a. a so ,9-? 0
5 E S n 0 0 y -R20 CDDn 0 0 rDDw S .,w
l D o ,0 ao 0 O tr1 O E. w z -y a p 5 B w y 5' a. v, w 5 O n
yap. a ao� a 'R5. g .A 0 Du z Zo0 n0
a a 0 R oo� a a, w o x .0 O w a 4
]-_y c o w Ow o 3�.Q 5'� G1 4caro 5'a B E4ao ao E Cxo a�.
F..
0 -f7(o. p, 005' 5' ti 5ts .0.
v, n 0 0 p ti c a 5 CD (0 0 g 'n P fi o o g CD g> Q k o g c w
o O m m w O cn '•n 0 (D _y y C H O n B u r v fD C, x' A O
(D w 0 0 E O w O ,a O a" o a' O 5 n A' .w, p' v,
0 (p a fD 0 yR __:.0. w o .0 .-0 y xa
p x ft,
G y O N e n
(D (D t� C 8 ,b 4i. B
0 0 O. w (p Cy cr C D n
m ;o w n fD
co O N w D n 0 .a W C y y o 2 a O b D b n T w 0
pq ED' p r'2 O N v cn i fD .w. a
c C p O C D w
g 0.f° y g m n rD O O s 0 5
c fig 50
o eD
S c' 5 C
0-
N
se Co sent Cons: nt
fir s�
Meeting Date: 1/13/93
Agenda Item: C 12
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Contribution to the Dispute Resolution Center
SUBMITTED BY: James Levin, Executive Director
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Over the past years the city has budgeted for and donated $50 to
the Dispute Resolution Center, which assists organizations and
individuals with settling disputes out of court. This saves the
disagreeing parties money and may reduce the adversarial nature
of the discussion. This year the Dispute Resolution Center
requests $500.
In the past two years the city used the service twice to resolve
1) the easements for the Hamline Avenue Project and 2) a
delinquent ambulance bill that went to conciliation court. A fee
of $10 per party was charged by the Dispute Resolution Center for
the Hamline Avenue resolution. To date, no residents referred to
the service to resolve a neighborhood dispute have used the
service to staff's knowledge. This is not the only mediation
service available to the city but is the most available at the
least cost.
This service meets the criteria defined by the council. It
receives most of its revenue from state, counties and
municipalities. Mr. Levin was not available for an explanation
of the increase.
The city budgeted $50 for the Dispute Resolution Center in its
1993 budget. Staff recommends increasing the contribution to
$100 to accommodate increased costs over the past years, when the
but not stress the budget.
If the council wishes to consider a different amount or to meet
with Mr. Levin, please ask staff to arrange this.
ATTACHMENTS:
A Letter from Mr. Levin, dated 22 December 1992.
ACTION REQUESTED:
Approve $100 annual donation to the Dispute Resolution Center.
nsen c n
Dispute
Resolution
Center
265 Oneida Street, St. Paul, Minnesota 55102 612 -292 -7791
December 18, 1992
r'C22i'
Susan Hoyt
City Administrator
City of Falcon Heights
2077 Larpebteur Avenue
Falcon Heights, MN 55113
Dear Ms. Hoyt:
1993 marks the 10th anniversary of the Dispute Resolution Center (DRC).
Over the past 10 years DRC has been able to provide cost effective and
efficient mediation services to thousands of residents and businesses in the
East Metro area. As a non profit organization, the Dispute Resolution Center
is only able to keep its door open through the generous support of private
foundations and corporations as well as contributions from municipalities like
Falcon Heights, Ramsey County, and the State Court Administrators Office.
As 1993 fast approaches I am writing to request continued support of
$500.00 from the City of Falcon Heights for 1993. In making this request, I
want to briefly share some of the highlights of the past year.
In 1992, the Dispute Resolution Center will open nearly 500 cases
involving the businesses and residents of Roseville and the rest of the East
Metro area. As in past years, the Center helped the parties reach agreement
in over 75% of the cases in which the parties were willing to use the
mediation or conciliation process to resolve their disputes. DRC has also
worked with various municipalities in helping them resolve disputes between
constituents or disputes between the city and its constituents. In these
cases, the cities have saved time and money in having the parties work on a
resolution through the mediation process.
I have also continued working with the AMM Committee on Dispute
Resolution to promote mediation to the AMM member communities. In the next
few months, the AMM Committee will be publishing a handbook to help
municipalities use mediation in a more efficient and cost- saving manner. I am
hopeful that the handbook will encourage municipalities to utilize the
Center's resources and increase the referrals we receive from your city.
As in past years, I would be happy to sit down with you, members of your
staff, or the City Council to discuss this request or ways in which your city
can better utilize the Dispute Resolution Center's services. I also hope to
speak with you after the AMM Mediation Handbook is published.
Please contact me if you have any questions regarding this request. I
look forward to speaking with you in the near future.
Sincerely,
Jam Levin
Executive Director
:L 2 Si:.:; i 5::::
a m::: C
Meeting Date: 1/13/93
Agenda Item: C 13
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Establishment of a community development fund.
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Tom Kelly, City Accountant
EXPLANATION /SUMMARY:
In July, 1992 the city and AMOCO entered into a lease agreement
on property along Snelling Drive that will be turned over to the
city from the State of Minnesota. AMOCO agreed to pay the city
an annual fee of $1,255 for twenty years for the use of a portion
of Snelling Drive for improvements. The lease is subject to a
number of conditions regarding the improvement and maintenance of
the northwest corner of Snelling and Larpenteur.
The city received the first lease payment from AMOCO in November,
1992. Staff recommends using this annual payment to establish a
community development fund for future community and economic
development activities that the city council may wish to
undertake to maintain and improve the city. If the funds are not
used for this purpose, the balance can be reallocated at any time
in the future.
ACTION REQUESTED:
Approve the establishment of a community development fund with
the lease fee from AMOCO.
r ent onsent Consent Consent Consent Consent Consent Corse
''.se:
Meeting Date: 1/13/93
Agenda Item: C 14
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Licenses
SUBMITTED BY: Shirley Chenoweth, City Clerk
CIGARETTES BOTTLE CLUB
J's Liquors Falcon Bowl
Blomberg Pharmacy 1550 W. Larpenteur
SuperAmerica
Tom Thumb
LIQUOR, WINE, MALT LIOUOR
1. J's Liquors
1557 W. Larpenteur'Ave.
Off Sale Liquor
2. Chinatown
1553 W. Larpenteur Ave.
On sale non intoxicating malt liquor
On sale intoxicating malt liquor
On sale wine
3. Falcon Bowl
1550 W. Larpenteur
On sale non intoxicating malt liquor
CORPORATE
Amoco #1063
Ann Mar Enterprises, Inc. dba Champion Auto #1074
Attention Technology #1000
B J Floral #1033
Bernard Company Hair Salon #1034
Blomberg Pharmacy #1040
Blue Bell Ice Cream, Inc. #1023
Blusty's #1043
Bunk Bed Bargains #1039
Chin's Kitchen (Restaurant) #0998
Chinatown #1049
Coiffure Du Chien #1081 (6 month period see attached
Computer Renaissance #1008 explanation)
Custom Chocolate #1080
Design Modern Interiors #1076
Dino's Gyros #1044
EDS, Inc. #1061
Embers Restaurant #1059
Falcon Heights Dental Center #1042
Falcon Barbers #1056
Falcon Bowl #1060
rzt::
Page 2 Licenses
Grocer's Choice #1009
Hair Designs Unlimited #1006
Hamline Hoyt Service #1064
Harvest States #1017
Hedman Plumbing Htg #1055
Hermes Floral Co., Inc. #1053
HML Corporation #1041
Insty Prints #1016
J's Liquor #1050
Jem Amusement, Inc. #1054
Karate Junction #1004
Larpenteur Tan Line #1062
One Hour Martinizing #1048
Round Bobbin #1005
Sandy's Corner Stylists #1003
St. Marie Sheet Metal, Inc. #1057
Suburban Credit #1001
Super America #1058
Thatcher Chiropractic #1065
The Rose Bed Breakfast #1002
The Packaging Store #1007
The Hoover Co. #1031
Tom Thumb #1022
Tony's Clubhouse #1025
Walter's Stamp Book #1032
Warners' Stellian #1024
CONTRACTOR
Asphalt Driveways #1069
Independent Fire Protection, Inc. #1079
Kraus Anderson Construction Co. #1045
Lawrence Sign, Inc. #1011
Minnesota Roadways #1010
T.A. Schifsky Sons, Inc. #1037
Wayne Concrete #1029
Westbrook Development, Inc. #1035
MECHANICAL CONTRACTOR
Apollo Htg Ventilating Corp. #1047
Boedeker Plumbing Heating #1018
Doyle Maintenance #1038
Fred Vogt Co. #1030
Harris Contracting Co. #1068
Hindig Heating Air Conditioning #1020
Krinkie Htg A/C #1067
McQuillan Bros. #1075
Midwest Equipment Co., Inc. #1026
Minnegasco #1028
Paul Falz Co. #1036
Ron's Mechanical, Inc. #1046
Sedgwick Htg A/C #1070
Standard Heating Air Conditioning #1012
The Snelling Company #1052
Twin City Furnace Co., Inc. #1078
0:00011C00 Con sent Consent onsent Consent 'onsent Consent onsent
rat `onse t `onsen onsent Consent csent `on en onsent
Page 3
Licenses
REFUSE HAULER
Aagard Environmental Services, Inc. #1019
Action Disposal /BFI #1071
Bellaire Sanitation #1072
Easy Cart, Inc. #1021
Gene's Disposal #1077
Keith Krupenny Son Disposal Services #1015
Knutson Services #1073
Nitti Disposal /BFI #1066
Vasko Rubbish Removal, Inc. #1027
Walter's Rubbish, Inc. #1014
Waste Management Blaine #1013
Woodlake Sanitary Service, Inc. #1051
ACTION REQUESTED: Approval
Consent...... n, a t.: Consent Consent `onsen
Coiffure Du Chien
1660 N. Snelling
Since the opening of Coiffure Du Chien (pet grooming business) a
number of possible code violations have been reported. Staff
is recommending that the 1993 license be issued for a 6 month
period with the understanding that if there are no problems
during that time the license will be auttomatically extended for
the remainder of 1993.
PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING PUBLIC REARING
Meeting Date: 1/13/93
Agenda Item: PH -1
CITY OF FALCON HEIGHTS
PUBLIC HEARING
ITEM DESCRIPTION: Hearing on the Issuance of General Obligation Tax
Increment Refunding Bonds
SUBMITTED BY: Steve Apfelbacher, Financial Consultant
Shirley Chenoweth, City Clerk
EXPLANATION /SUMMARY:
As required by law, a notice of the hearing was published in the city's
official newspaper on December 29, 1992.
If, following the hearing, it is deemed prudent to issue G.O. Tax Increment
Bonds for TID 1 -2 (Coffman project) and TID 2 -1 (Bullseye project) it is
necessary to adopt the attached proposed resolution.
ATTACHMENT:
A. Resolution #R -93 -2
ACTION REQUESTED: Adoption of Resolution R -93 -2. Please second
the motion for adoption.
PUBLIC HEARING PUBLIC NEARING PUBLIC NEARING PUBLIC HEARING
Council Member introduced the following resolution and moved its adoption:
v
Resolution Providing for the Sale of
$1,200,000
G. 0. Tax Increment Refunding Bonds of 1993
R -93 -2
A. WHEREAS, the City Council of the City of Falcon Heights, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $1,200,000 G. O. Tax
Increment Refunding Bonds of 1993 (the "Bonds to refinance certain outstanding
obligations of the City; and
B. WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis, Minnesota
"Ehlers as its independent financial advisor for the Bonds and is therefore authorized
to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision
2(9):
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Falcon Heights,
Minnesota, as follows:
1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals
for the sale of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at the time and place specified
in the Terms of Proposal attached hereto for the purpose of considering sealed proposals
for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open
proposals at the time and place specified in such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully
set forth in the "Terms of Proposal" attached hereto and hereby approved and made a
part hereof.
4. Qff(giai Statement. In connection with said sale, the officers or employees of the City are
hereby authorized to cooperate with Ehlers and participate in the preparation of an
official statement for the Bonds and to execute and deliver it on behalf of the City upon its
completion.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member and, after full discussion thereof and upon a vote being
taken thereon, the following Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Policy
Meeting Date: 1/13/93
Agenda Item: P -1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Council Assignments
SUBMITTED BY: Tom Baldwin, Mayor
REVIEWED BY:
EXPLANATION /SUMMARY:
At the first meeting of each year, statutory cities are
required to assign duties to councilmembers.
ATTACHMENTS:
a. See attached assignments (assignments will be forthcoming).
ACTION REQUESTED: Approval of assignments c//'
i)/49
1993 COUNCIL ASSIGNMENTS
MAYOR BALDWIN Administration
Legislative Contact Person for AMM
Public and University Relations
Engineer and Legal Liaison
Municipal Buildings and Grounds
Liaison to Legislature*
Weed Inspector
Minnesota State Fair
*By State Statute
*Appointment made by Ramsey County
Representative to RCLLG
COUNCILMEMBER Revenue Sources Committee, LMC
CIERNIA Acting Mayor
Data Processing
Liaison to Planning Commission
Alternate Liaison to Legislature
Alternate to AMM
Liaison to NW Youth and Family Services
COUNCILMEMBER Liaison to Human Rights Commission
GIBSON TALBOT Representative to AMM
Alternate to LMC
Alternate to NW Youth and Family Services
COUNCILMEMBER Liaison to Solid Waste Commission
JACOBS Representative to LMC
Alternate to Metro Government
Rep. to Ramsey Co. Light Rail Transit
RTB Local Official's Adv. Committee
COUNCILMEMBER Liaison to Park Rec Commission
GEHRZ Second Acting Mayor
Liaison to Chamber of Commerce
Representative to MCAD
Representative to Roseville /F.H. Chamber
Alternate to RCLLG
ADM. HOYT Departmental administration supervision
Administrative assistance on all assignments
Deputy to Mayor and all Mayor assignments
WALLIN, JERRY Liaison to Cable Commission
Meeting Date: 1/13/93
Agenda Item: P 1(A)
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Recommendation that the city contract with
E -Z Recycling for recycling services
effective March 1, 1993
SUBMITTED BY: Solid Waste Commission
Same Jacobs, Council Liaison
REVIEWED BY: Shirley Chenoweth, City Clerk
Brian Standing, Student Intern
EXPLANATION /SUMMARY:
At the January 7, 1993 Solid Waste Commission meeting, the
commission unanimously recommended that the city council
authorize contracting with E -Z Recycling for recycling services
effective March 1, 1993. This decision followed presentations
made by representatives of three of the firms who submitted
proposals, E -Z Recycling, Knutson Services, Inc. and SuperCycle,
Inc. and a thorough discussion by the commission.
ATTACHMENTS:
a. Recycling proposal summary
b. Summary of hauler's services and references
c. Recommendation from Solid Waste Copmmission
ACTION REQUESTED: Authorization to contract with E -Z Recycling
for recycling services effective March 1, 1993.
Attachment a
CITY OF FALCON HEIGHTS
RECYCLING PROPOSAL SUMMARY
BFI E -Z KNUTSON SUPERCYCLE WASTE MGT.
MONTHLY RATES:
Single family /hsld):
2 /mo. $1.43 $1.28 N/A $1.75 N/A
Bi- weekly N/A N/A $1.65 N/A N/A
Weekly N/A $1.88 N/A $2.45 $2.19
Multi -fam 17 /unit):
2 /mo. S1.43 $1.28 N/A $1.75 N/A
Bi- weekly N/A N/A $1.45 N/A N/A
Weekly N/A $1.88 N/A $2.45 $2.19
Multi -fam 17 (tot /mo.) $907.00 $540.00 $540.00 $448.35 $638.00
TOTAL ANNUAL COST:
2 collections /mo. $34,050 $27,216 N/A $33,730 N/A
Bi- weekly N/A N/A $32,929 N/A N/A
Weekly N/A $36,936 N/A $45,070 $43,134
PRODUCTS COLLECTED:
Newspaper X X X X X
Corrugated Cardboard X X X X X
Glass X X X X X
Cans
X X X X X
Plastic X X X X X
Magazines /Catalogs X X X X X
Phone Books No X No X No
Office Paper X X No X X
Mail No No No X X
Motor Oil X X X X X
Tires No No No Clean -up day $900 /yr
Automotive Batteries X X X X X
Household Batteries N N X X X
Clothing No No No X No
Household Toxics No No No Clean-up day No
Appliances No No No Clean -up day $900 /yr
VEHICLES:
Number 23 6 2 4 6
GVW 23000 18- 20,000 Not spec. 13 -24000 30000
Designed for recycling? Yes Yes Yes Yes Yes
CUSTOMER SERVICE:
Tel. available to 6:30? Yes Yes Yes Yes Yes
Missed p/u procedures Not spec. By 3pm w/i 24hrs By 1pm Mon. By 3pm
TONNAGE REPORTS:
Truck scale tickets? Yes Yes Not spec. Yes Yes
Market Not given By type Not spec. By type By type
Weight by type? Percentage Yes Not spec. Yes Yes
Separate multi- family? No sample Not spec. No sample Yes Yes
MATERIAL SALES:
Revenue Sharing None City $175 /mo. City 66% City 33 None
Loss Sharing None None City 66% None None
DEPOSITORIES: Own plant mkt. /RCRC Own /mkt. RCRC Own plants
+.08 /hshld
City of Falcon Heights
Curbside Recycling Proposals
Summary of Hauler Services
January 7, 1993
BFI:
Advantages: Attachment b
a) Experience: BFI has served over 145,000 Metro households
since 1989.
b) Vehicle fleet: BFI maintains the largest fleet of the 5
proposals submitted (23 recycling vehicles).
Disadvantages:
a) Cost: BFI has the highest rates for comparable
b) Number of Collections:
c) Revenue Sharing:
service among the 5 bidders ($34,050 per
year for semi monthly collections).
BFI will not provide weekly collections.
BFI retains all profits from material sales.
References:
No references provided.
A few examples of other cities served: None provided
City of Falcon Heights
Curbside Recycling Proposals
Summary of Hauler Services
January 7, 1993
E -Z RECYCLING:
Advantages:
a) Cost: E -Z has the lowest rates for comparable
service of the 5 proposals submitted
($27,216 per year for semi monthly
collections).
b) Number of Collections: E -Z will collect materials either twice per
month or weekly.
c) Revenue /Loss Sharing: E -Z will guarantee the city a rebate of $175
per month ($2,100 per year) based on
material sales. E -Z will not charge the
city for unsold materials.
Disadvantages:
a) Experience: E -Z has served fewer households and has been
in business less time than the other 4
bidders. 5 1/2 years experience.
b) Material Depositories: E -Z maintains no storage facilities of its
own, depending instead on material buyers
and the Ramsey Co. Recycling Center operated
by Supercycle.
References:
Generally favorable. Contacted references reported very prompt
paperwork, and good customer service with few complaints. Some
references noted that E -Z maintains a small office staff and exhibits
less polish in its operations than larger firms, but did not report
significant problems.
A few examples of other cities served:
Arden Hills, North St. Paul, New Brighton, some St. Paul
districts
City of Falcon Heights
Curbside Recycling Proposals
Summary of Hauler Services
January 7, 1993
KNUTSON'S SERVICES
Advantages:
a) Cost: Knutson's had the second lowest rates for
comparable service of the 5 bidders.
($32,929 for 2 or 3 collections per month).
b) Number of Collections: Knutson's will col /ect products on the 1st,
3rd, and if necessary, 5th Fridays of the
month.
c) Revenue Sharing: Knutson's will rebate to the city 66% of
material sales exceeding specified minimum
prices. (was a 1/3 return in last contract;
averaged $150 /month)
d) Ease of Transition: Knutson's currently serves Falcon Heights,
so development of new procedures and re-
training of residents will not be necessary.
Disadvantages:
a) Products Collected: Knutson's will not collect office paper, but
will collect household batteries.
b) Loss Sharing: Knutson's will charge the City 66% of the
cost of materials that are unsold or are
sold for less than specified minimum prices.
c) Number of Collections: Knutson's will not provide weekly
collections for single family homes.
References:
Generally favorable. Contacted references indicated good customer
service with few complaints, but expressed minor concerns about late
paperwork. One reference noted that Knutson's had asked for a mid
contract rate increase.
A few examples of other cities served:
White Bear Lake, Minnetonka Beach, Wayzata, Rosemount
City of Falcon Heights
Curbside Recycling Proposals
Summary of Hauler Services
January 7, 1993
SUPERCYCLE:
Advantages:
a) Products Collected: In addition to materials specified in the
request, Supercycle will collect phone
books, mail, household batteries, clothing
and small household goods.
b) Number of Collections: Supercycle will collect materials either
twice per month or weekly.
c) Revenue /Loss Sharing: For an additional .08 cents per household
per month, Supercycle will rebate to the
City 33% of all net revenue from material
sales. Supercycle will not charge the City
for unsold materials.
Disadvantages:
a) Cost: Supercycle had the second highest rates for
comparable service of the 5 bids received
($33,730 per year for semi monthly
collections)
b) Missed Pickups: Supercycle guarantees return for missed
pick -ups within 3 days, compared with 1 day
for all other bidders.
References:
Favorable. Contacted references reported good customer service with
very few complaints, excellent and prompt paperwork.
A few examples of other cities served:
St. Paul, Roseville, Shoreview, Fridley
City of Falcon Heights
Curbside Recycling Proposals
Summary of Hauler Services
January 7, 1993
WASTE MANAGEMENT BLAINE:
Advantages:
a) Experience: Waste Management Blaine is a subsidiary of
Waste Management, Inc., a national firm that
serves over 3 million households nationwide.
b) Products Collected: In addition to those specified in the
request, Waste Mgt. will collect household
batteries. For $900 per year, the firm will
also provide annual curbside collections of
tires and appliances.
c) Number of Collections: Waste Management will provide weekly
collections.
Disadvantages:
a) Number of Collections: Waste Mgt. will not provide bi- monthly
collections.
b) Cost Variability: Multi -unit residences with more than 18
units are bid on an hourly rate, suggesting
that costs may vary if collection times
change.
c) Revenue Sharing: Waste Mgt. retains all profits from material
sales.
References:
Favorable. Contacted references report prompt paperwork, good
customer service with very few complaints and excellent informational
literature.
A few examples of other cities served:
Brooklyn Park, Circle Pines, Deephaven, Minnetonka
M.
Attachment c
RECOMMENDATION TO THE
FALCON HEIGHTS CITY COUNCIL
FROM THE
SOLID WASTE COMMISSION
January 7, 1993
WHEREAS, the Solid Waste Commission issued the request
for proposals for the recycling services; and
WHEREAS, the Solid Waste Commission received five
responses; and
WHEREAS, the Solid Waste Commission met with the bidders
and thoroughly reviewed the proposals;
WHEREAS, the commission determined that E -Z Recycling can
reduce the monthly cost by 7.6% and will increase our collectibles
to include phone books and office paper, and had positive
references;
THEREFORE, BE IT RESOLVED, that the Solid Waste
Commission recommends the contract be awarded to E -Z Recycling,
Inc. for the period of March 1, 1993 to February 28, 1994 on a 1st
and 3rd of the month pickup basis.
Meeting Date: 1/13/92
Agenda Item: P -2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Resolution of intent to reimburse costs of the
proposed Larpenteur Avenue project from general
obligation bonds
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Steve Apfelbacher, Financial Consultant
EXPLANATION /SUMMARY: The federal government adopted regulations
that require cities to declare their intent to reimburse
expenditures from tax exempt debt sold after March 2, 1992. This
is applicable to such project costs as engineering or any capital
project cost that the city may later issue debt to cover the
cost.
The city plans to participate in the reconstruction of
Larpenteur Avenue with Ramsey County in 1994, which may involve
issuing general obligation bonds. It is necessary to declare the
city's intent to reimburse the cost of the improvements from
these bonds, if issued, in order to pay for project costs that
precede the project out of the tax exempt bonds, specifically
engineering costs that are currently being accrued.
The city will determine the most cost effective way to fund this
project as it gets closer to implementation in 1994.
Making this declaration at this time does not require the city to
proceed with the project nor to issue general obligation bonds to
cover the project cost.
ATTACHMENTS:
A. Resolution R -93 -3
ACTION REQUESTED: Adopt Resolution R -93- 3 regarding the
intent to reimburse the city share of the Larpenteur Avenue
reconstruction costs.
CITY OF FALCON HEIGHTS
R -93 -1
C O U N C I L R E S O L U T I O N
Date: Jan. 13, 1993
A RESOLUTION RELATING TO THE CITY SHARE OF THE
LARPENTEUR AVENUE RECONSTRUCTION PROJECT BY
RAMSEY COUNTY DECLARING INTENT OF CITY TO
REIMBURSE COSTS THEREOF WITH TAX EXEMPT DEBT
BE IT RESOLVED, by the city council of the City of Falcon Heights,
Minnesota, the proposed City of Falcon Heights portion of the Ramsey County
Larpenteur Avenue reconstruction project is as follows:
1. The proposed improvement consists of reconstructing Larpenteur Avenue
east of Fulham Street and west of Hamline Avenue in the City of
Falcon Heights.
The total estimated cost of the improvement is $500,000.
2. Intention to reimburse costs of improvement from proceeds of tax exempt
debt:
(1) The city intends to issue general obligation improvement bonds
under and pursuant to Minnesota Statutes, Chapter 429 and 475
to finance the costs of the improvement (the "Improvement Bonds
the interest on which will be excludable from gross income under
Section 103 of the Internal Revenue Code of 1986, as amended.
All or a portion of the cost of the improvement will be paid
by the city prior to the issuance of the Improvement Bonds, and
it is the intent of the city to reimburse the costs of the
improvement paid by the city prior to the issuance of the
Improvement Bonds from the proceeds of the Improvement Bonds.
The reasonably expected source of funds that will be used to
pay the costs of the improvement to be reimbursed from the
proceeds of the Improvement Bonds in amounts on hand in the
1993 Street Improvement fund established on the books and
records of the city and funded by a transfer from the
Infrastructure Capital fund of the city. The reasonably
expected source of funds to be used to pay debt service on
the Improvement Bonds is special assessments to be levied on
property benefitted by the improvement, ad valorem taxes to
be levied on all taxable property in the city and proceeds of
the Improvement Bonds to be used to pay interest on the
Improvement Bonds.
3. Public Inspection:
(1) A copy of this resolution shall be maintained by the city
clerk and shall be continuously available for public inspection
at the office of the city clerk in the city hall during normal
business hours of the city on every business day beginning on
the earlier of ten days after adoption of this resolution or
the date of issuance of the Improvement Bonds and ending on,
and including, the date of issue of the Improvement Bonds.
Moved by Approved by
Mayor
BALDWIN Jan. 13, 1993
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT
Attested by
City Clerk
Jan. 13, 1993
Date
Meeting Date: 1/13/93
Agenda Item: P -3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Consideration of an application for
charitable gambling pull tabs from the
Roseville Area Youth Hockey Association
SUBMITTED BY: Mr. Anthony Borasch, Roseville Area Youth Hockey
Association
REVIEWED BY: Susan Hoyt, City Administrator
Peter Bachman, City Attorney
Shirley Chenoweth, City Clerk
Tom Alleva, Deputy Police Chief
EXPLANATION /SUMMARY:
The Roseville Area Youth Hockey Association is applying for a
charitable gambling registration from the City of Falcon Heights
for operating pull tabs in Falcon Lanes Bowling Alley. The city
must approve the registration and premises permit for the
operation.
The city's charitable gambling ordinance requires that the
organization:
1. Submit monthly payments of 3% of gross receipts to the
city to cover documented city expenses;
2. Submit monthly payments of 10% of net profits to the
city for a fund for the community benefit.
ATTACHMENTS:
A Premises permit and registration application from the
Roseville Youth Hockey Association, dated December 7, 1992
B Staff report on application, dated January 8, 1993
C Resolution approving the charitable gambling application for
the Roseville Area Youth Hockey Association and
city ordinance Chapter 5, Section 15 of city code.
ACTION REQUESTED:
Approve Resolution R-93-4 for a charitable gambling operation for
the Roseville Area Youth Hockey Association at Falcon Lanes, 1550
West Larpenteur Avenue.
Attachment A
City of Falcon Heights
LAWFUL GAMBLING REGISTRATION
To: City of Falcon Heights Date:
2077 West Larpenteur
Falcon Heights, MN 55113
Name of Organization: l ikh=,e, \\\e •NC-pCA- 004 46 k L
Address: a 3 l,O
City, State, Zip:
Telephone: e 1,°
Name of Gambling Manager: r
Address: 7 .i,.= i
City, State, Zip c:. !_x tt '�•_t�;
Telephone: t: vae
Location of Intended Gambling: rcA-\ \-\-e, a R.%464,:;1 a+. L
Days Hours of Operation:
Is the Organization licensed by the Charitable Gambling Board?
No Yes If Yes, license number: t k a
Has the organization applied for a premises permit from the
Gambling Board? LIZ No Yes i Cref- 1.0•2r i
ITEMS REQUIRED FOR REGISTRATION:
A copy of the organization's gambling license application and
exemption permit. we vrt;
A copy of any lease agreements, executed by the organization
in regard to premises leased for the conduct of gambling.
A copy of the bond or certificate of insurance which meets the
requirements of Minnesota Statutes.
approved.
If granted, the data supplied by the applicant will be
public data, which is available to any person upon request.
The authorizations for information which you signed and the
data you provide may be conveyed to third parties. To the extent
they reveal private information, they will be disclosed only to
the extent that is necessary to do the required investigation.
I HAVE READ AND UNDERSTAND THE ABOVE.
4$1 ig'r* �t., Dated: f 9
.re
9,4,(i Dated:
Dated:
Dated:
Dated:
2
VOLLF
f i
0 16
ROSEVILLE AREA
o YOUTH HOCKEY ASSOCIATION 1 l c
'.11 H0
MAPLEWOOD
LAUDERDALE
December 7, 1992 LITTLE CANADA
ROSEVILLE
SHOREVIEW
City of Falcon Heights ARDEN HILLS
FALCON HEIGHTS
RE: Registration of Charitable Gambling ST. ANTHONY
#1 (Name, Address, and Telephone Number of the Organization):
Roseville Area Youth Hockey Association
203 W. Skillman Ave
Roseville, MN 55113 (612) 488 -8926
#2 (Name, Address, and Telephone Number of the Gambling Manager):
April Borash
203 W. Skillman Ave
Roseville, MN 55113 (612) 488 -8926
#3 (Copy of Organization's Charitable Gambling License Application,
or Exemption Permit)
See Attached
#4 (Copy of any Lease Agreements, Executed by the Organization
in regards to premises leased for the conduct of gambling)
See Attached
#5 (Copy of the Bond or Certificate of Insurance which meets the
requirements of Minnesota Statutes)
See Attached
#6 (Dates, Hours and Locations of intended gambling):
February 1993 to February 1994, Noon until Midnight
Falcon Lanes, 1550 Larpenteur Ave W, Falcon Heights, MN 55113
Sincerely,
,,,,,,ff„„4___
Anthony Borash
President
FOR BOARD USE ONLY
LG214 BASE
(7/29,91) PP
FEE
Minnesota Lawful Gambling CHECK
Preises Permit Application Part 1 of 2 INITIALS
DATE
Class of premises permit
1 Renewal (check one)
organization base license number A 03191 0 A ($400) Pull -tabs, tipboards, paddlewheels, raffles, bingo
Premises permit number B ($250) Pull -tabs, tipboards, paddlewheels, raffles
'I/fl New C ($200) Bingo only
D ($150) Raffles only
Name of Organization
ROSEVILLE AREA YOUTH HOCKEY ASSOC.
Business Address of Organization Street or P. 0 Box (Do not use the address of your gambling manager)
203 WEST SKILLMAN AVE. ROSEVILLE MN. 55113
City State Zip Code County Daytime phone number
ROSEVILLE MN. 55113 RAMSEY (61$ 488 8926
Name of chief executive officer (cannot be your gambling manager) Title Daytime phone number
ANTHONY LEE BORASH PRESIDENT (612) 488 8926
Bingo Occasions
If applying for a class A or C permit, fill in days and beginning ending hours of bingo occasions:
No more than seven bingo occasions may be conducted by your organization per week.
Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning /Ending Hours
to to to
to to to
to If bingo will not be conducted, check here
f .wH
<:t:.. .t.r;> ins•
IBS >��O.TI>[I
:;G�mbli >e a atia> dr...::.::::>::.::<:.:.;::.:.:.:::.:>::.:;::.::.;:>:::;.::
Name of establishment where amblin will be conducted use g g Street Address( do notuse ap ostofficebox number)
FALCON LANES 1550 LARPENTEUR AV. W. FLCN.HTS.
Is the premises located within city limits? LA Yes O No If no, is township organized O unorganized I= unincorporated
City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits
RAMSEY
Name and address of legal owner of premises City State Zip Code
JAMES P BIGELBACH ST PAUL MN. 55105
Does your organization own the buildng where the gambling will be conducted? ED YES C__ NO
If no, attach the following:
a copy of the lease (form LG202) with terms for at least one year.
a copy of a sketch of the floor plan with dimensions, showing what portion is being leased.
A lease and sketch are not required for Class D applications.
sto a ce
dame 8.T��
Address City State Zip code
a( SAME i L'�
ter; 6-5-11-))
LG210AR 0
(1) FOR BOARD USE ONLY
OCT 9 1991 e3/9/
Gambi Cofgffitmesota Lawful Gambling
Organization License Renewal Application
w... .v::::..r...: v�. rr:.
A,}".:}: }.A.::�
a te: <<r:
License number Class of license Indicate in the 'class of license' box the license lass that describes the types of
gambling your organization will be conducting:
A -03191 A I Class A Pull -tabs, tipboards, paddewheels, raffles. bingo Class C Bingo only
Class B Pull -tabs, tipboards, paddewheels, raffles Class D Raffles only
f�ifJ �a•�/�.j...Q T �0�: /���1�( Y�':L::r iii.:.^:: r- i" i::: t�: i?: {:::Ti':::'::ilii:C::iif:::T iii: i.:{ v- i�.}}} h};:};+ ij}: t3.. y; :.iji:::jJC:iv :Yii'.:ii:::ii::i �iii:::J'iir•.v:
;.>�2"Q,�' .iR::i� .F.:Rt4i� n...................... v:. a...... :..1.•::::::.v.1... :111:::: rv::::.:v11}
Name of organization Business ID Number (MN Sales Use Tax Permit)
Roseville Area Youth Hockey Association 1206974
Business Address of Organization Street or P. 0 Box (Do not use address of gambling manager)
625 Transit
City State Zip Code Daytime phone number
Roseville, Minnesota 55113 Ramsey I 612 488-8926
Full name of chief executive officer
Last Name First Name Middle Name Maiden 'Title Date of birth Daytime phone number
Borash Anthony Lee President 17 -29 -54 (612) 378 -1003
Address of chief executive officer Street or P. O. Box
203 West Skillman
City State Zip Code County
Roseville Minnesota 55113 I Ramsey
►easu 1n
7.e urer.t foritaffo4<':`<
Full name of oroani7ation's treasurer
Last Name First Name Middle Name Maiden e Date of birth Daytime phone number
Warner James Lee I Titl Treasurer 1 6 -4 -69 I (612) 296 -7333
When does the organization hold regular meetings?
Number of Active Members 612 O (must be age 18 and older) Monday following
Day of week 3rd Simday Time 7:00 P.M.
r: :::g }::a 0 :s, }:MS {{:vx {xm^ .a.{�x•.:..r enc :.:..c:c{{aa.. :r {a.�rtrr {�xy :m :3 •:f•}:{::: .+:uv
.':::.••f':s:?:'8:: r: •::r :..f :r.....: r:.n ..f f.:.�:
f.......... x li:: x: v.: {.i: {:v. }Y Li'{s }'r. w. nv.... r....^y {m:m n n•.i' r y v::r }-0 {5.....: .{a
ry ry v: a :•F.i :v. :r {r., J:..} :::r£.•iv +fi:: ...:v::: r:.... v:: :S :.At: v:tiv .Tvi: {ii +i {ii::
..h.. n.• fi. {:{.:f•:.: i• a1.6 nt :::R v'I.. :i::}::'r :Ski
i. 'h::•
J:4'•.: ...A ry }i v::: v f•:x•. •.vin: n. •'•tv++ ::xf n. v v
j� ri{•'f. {in: {i .v: }�J;:::i':. v.L......{.. }f. n.....{...n. {.::•4,i }i{..:C.3�:::. n.. w.i 4f: {{.f {w'..: v. n..t :n. {.r'riY: i:{:
,,,,}�/��y �.•��('::tis :i::: 'v.: :•-•r�� :}r::. -.v$Arr�v: ::arr:Y•:::
ii6rlvl�S/�4/�� �I.l.icGF4 :n+:. .'F {i'e •Fi :.f }:.i• f.:n
1 declare that
I have read this application and all information submitted to a membership Ilst of the organization will be available within seven days
the board; after it is requested by the board;
all information is true, accurate and complete; any changes in application information will be submitted to the board and
•the compensation schedule is current and on file with the local unit of government within 10 days of the change;
board; a license termination plan will be submitted to the board within 15 days of
•the intemai controls are current and on file with the board; termination of all premises permit(s);
all other required information has been fully disclosed; I certify that the gambling manager is bonded and licensed as required by
1 am the chief executive officer of the organization; Minnesota Statute; and
I assume full responsibility for the fair and lawful operation of •I understand that failure to provide required information or providng false
all activities to be conducted; or misleading information may result in the denial or revocation of the
I will familiarize myself with the laws of Minnesota governing license-
lawful gambling and rules of the board and agree, if licensed,
to abide by those laws and rules, including amendments to ytk
them; fry
Signature r hief ecutive Date �O l/(,
Mail with required attachments to: (1 .(I
Gambling Control Board
11)/ V v
Rosewood Plaza South, 3rd Floor
1711 W. County Road B
Roseville, MN 55113 a
LG202
(10/28/92)
Minnesota Lawful Gambling
Lease Agreement
Pr-er 7rf formation
Name and Address of Lessor Address City/Zip Code Phone
FALCON EANES LP,,.. 1550 LARPENTEUR ST,PAUL MN. 1612_) 645 -5595
Name of Legal Owner of Gambling Premises Address City/Zip Code Phone
JAMES P BIGILBACH 1326 PALACE ST,PAUL MN. 612 690 -3170
Name and Address of Leased Premises Address City/Zip Code 4. FAT CO.N T ANF. C icen u %at: r,
Na of Organization Leasing the Premises essee
ROSEVILLE AREA YOUTH HOCKEY ASSOC. A -03191
Gambling Ac ti v ity
The lawful gambling activity which the organization will conduct is (check all that apply):
I I bingo 1 I raffles 1 I paddlewheels CEil pull -tabs 1 1 tipboards
Rent Information (See Rules 7861.0060, Subp 2D)
Class A and C premises permits: Class B and D premises permits:
Rent for bingo and all other gambling activities conducted Rent for gambling activities not including bingo
during that bingo occasion may not exceed: is a maximum of $1000 per month.
$200 for up to 6,000 square feet;
$300 for up to 12,000 square feet; and
$400 for more than 12,000 square feet. JUNE, JULY, AUG, 0.00 rent
Rent to be paid per bingo occasion Rent to be paid per month 300
Rent may not be based on a percentage of receipts, profits from lawful gambling, or on the number of
participants attending a bingo occasion.
An organization may _not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling
Premises De
The area(s) leased within the premises are feet by e7 feet, for a total of e, 3 square feet.
S-4vect re 7 /0 feet by /0 feet, for a total of O 0 square feet.
feet by feet, for a total of square feet.
I Combined total (p. 7> square feet I
'Sketch
Attach a sketch which shows the location and dimensions of the leased areas
E ffective Dates
The. -lease will go into effect at 12 :01 am. on fc 9 1993 and will end at 12:00 a.m. on /.C
1.9 ce/for a period of atleast one year.
Times and Days Of Bingo Attitit y (If none, indicate N /A) N/A
The bingo occasions will be held (a maximum of 7 bingo occasions per organization):
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.m./p.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
from (hours) (a.m. /p.m.) to (a.mJp.m.) on (days of week)
I\
I 1 (1
C[
Y
0_
a
-------1
v
I. 1.....
x m�
i'
i
ti
`w
Z
-1
-1
�r
2
0
3
fi
-17--:'-4 T- ----------0.
itiv
TRAEGER AGENCY INC
INVOICE NUMBER
1100 NORTH DALE STREET
SAINT PAUL, MINNESOTA 17754
FAX (612)488-5536 55117
TELEPHONE: (612>488-5537
DATE
11/16/Y2
Roseville Youth Hockey
%C/O April Borash RETDRN
203 Skillman Avenue PLEASE
THIS PORTION WITH
o seville, MN 55113 YOUR PAYMENT
�aunsom NAME �o�penswr FROM CUSTOMER pus
CUSTOMER NO.
ROS401
EFFECTIVE DATE RENEWAL DATE
INVOICE NUMBER
POUCY NUMBER MO.-DAY-YR. MO.-DAY-YR.
02/21/93 02/21/94
17754
58496640
PREMIUM DUE ON
ou�eoa rn�w ossompnownpoovsnm» sppsc`wEDATE
000e 10� 00
2 WS GAMBLING MANAGER BOND
TOTAL: 100.00
/U
LG213 Minnesota Lawful Gambling
(Rev. 6/12/92) Gambling Manager Affidavit
(Attach to the Gambling Manager Application. Form LG212)
STATE OF n/ AFFIDAVIT OF QUALIFICATION
s.s. FOR GAMBLING MANAGER LICENSE
COUNTY OF 1,l/ S -Y AND CONSENT STATEMENT
J (Pursuant to Minnesota Statute 349.16 Subd. 2(e)
and Minnesota Rule 7861.0030,Subp. 128(3))
ras under oath state that:
(type /print name)
1. 1 have never been convicted of a felony.
2. I have not, within five years, committed a violation of law or board rule that resulted in the
revocation of a license issued by the Lawful Gambling Control Board.
3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion,
misrepresentation, or gambling.
4. I have never been convicted of assault, a criminal violation involving the use of a firearm,
or making terroristic threats.
5. I am not an assistant gambling manager for any other organization.
6. I am not a gambling manager for any other organization.
In addition, I understand, agree and hereby irrevocably consent that suits and actions relating to the subject
matter of the attached gambling manager license, or acts or omissions arising from such application, may
be commenced against my organization and 1 will accept the service of process for my organization in any
court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons,
process or pleading authorized by the laws of Minnesota.
By signature of this document, the undersigned authorizes the Department of Public Safety to conduct a
criminal background check or review and to share the results with the Lawful Gambling Control Board.
Failure to provide required information or providing false or misleading information may result in the denial
or revocation of the license.
Subscribed and sworn to before me this .4 Z4g
(Signs re of applicant gambling manager)
■9 day of 19 1 5cv /t° AreA Yv
(Name of organization) tic /C
County Air /q-03/9 BONNIE J. SCOTT License number
Nota Public r ANOKA COUNTY
ry My commission expires 6 -10-98
My commission expires
o CITY OF
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644-8675
8 January 1993
MEMO
TO: Mayor and Councilmembers
FROM: Susan Hoyt, City Administrator
RE: Report on Roseville Area Youth Hockey Association
Application for Registration for Charitable Gambling
Introduction
The Roseville Area Youth Hockey Association is applying for a
registration for charitable gambling for pull tabs at Falcon
Lanes, 1550 West Larpenteur Avenue. The Minnesota State
Charitable Gambling Board licenses the association. However, a
license will not be granted unless the City of Falcon Heights
approves a premises permit for the site of the activity.
Conformance to city ordinance
The Roseville Area Youth Hockey Association registration
application meets the criteria for approval in Chapter 5 Section
15.01 et seq. of the city code. In particular, the location of
the proposed pull tab operation conforms to the criteria of
Chapter 5 Section 15.01 Subdivision 4 (a) relating to
operational, land use and nuisance conditions governing the
disapproval of this registration.
Briefly, these are:
1. The Roseville Area Youth Hockey Association complies
with terms of other gambling licenses and does not
demonstrate a history of non compliance.
2. The premises are in a commercial zone.
3. The land area and setbacks of the existing shopping
center, where the bowling alley is located, meets the
minimums established by the district.
4. The use is in an existing shopping center building, and
therefore, does not require additional screening.
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
PRINTED ON RECYCLED PAPER
TREE MY MA
Page 2
Memo
8 January 1993
5. There is adequate off street parking.
6. The activity is not expected to generate additional
traffic so as to create a nuisance or hazard to
existing traffic or to a surrounding land use.
7. At the times proposed, 12 PM to 12 AM, is not expected
to disrupt other activities in the neighborhood.
Financial fees to city
Under the state statute and in the city ordinance, the
association must pay 3 of gross receipts for costs incurred by
the city in administering the charitable gambling activity. This
includes accounting time, attorney time and police time. The
ordinance also requires the Association to give 10% of the net
profit to the city to use for a lawful purpose. These will be
monthly transactions.
Security
The police check each charitable gambling location prior to the
state issuing a license. They also go into the operation once
every other month to check on pull tab procedures (see attached
list). The police will give the city the hours spent on security
in the gambling operation. The bookkeeping is done by the city
accountant. He will coordinate bookkeeping methods with the
employee in Roseville who oversees this activity. The city
requires an annual audit of the charitable gambling operation.
Renewal
The registration will be renewed at the time the charitable
gambling license is renewed with the state, which is in two
years.
Approval
The application for registration for charitable gambling by the
Roseville Area Youth Hockey Association must be approved or
denied by the city council within 60 days of its application for
registration or it will be automatically approved under the city
ordinance.
Miscellaneous related information
The Roseville Area Youth Hockey Association serves Falcon Heights
youths. The city annually reserves, but does not pay for, ice
time for the teams at Aldrich Arena because the ice is set aside
Page 3
Memo
8 January 1993
for Falcon Heights. The association pays for the ice time. The
association charges a $20 non resident fee to Falcon Heights
residents to compensate for the contribution the City of
Roseville makes through a cost break of $30 per hour on ice for
the association's teams. This explains the non resident fee for
non- Roseville residents.
The Roseville Area Youth Hockey Association operates charitable
gambling in establishments in Roseville.
Roseville Police Department
Charitable Gambling Premise Inspection Checklist
Date Time
License No.
Organization Premises
Gambling Manager /Representative
Yes No GENERAL (Rules 7860.0280):
Sign, 18 "X 24 "minimum, with the name of organization, license number, and effective date prominently posted,
legible, and adequately lighted (Su6p.1).
Must be 18 Years of age to work or play pull tab, tip board or paddle wheel.
Gambling activities being conducted in leased area.
Cash or check only (checks may not be postdated).
State gambling license is clearly posted.
Registration numbers
PULL -TABS (Rules 7860.0240): of games in play
Pull -tab flare with registration stamp affixed is clearly posted (Subp.42).
Pull -tab flare is attached to the receptacle containing pull-tabs S
Each deal has a separate cash bank (Sufp.6�. g p 6�
Winning tickets must be defaced (Sufp.69f).
Pull -tabs must be in other than original container (Sufp.6C).
All pull -tabs in deal must be offered for sale at the same time (Su6p.60.
Winning tickets valued at $100 or greater are recorded on a receipt (Su6p.5B 7D).
$2 maximum cost per ticket. $250 maximum prize (Subp. 52,B).
House rules for lawful gambling clearly posted for public view (Subp.1 F).
Identification of single or commingled deals (Sufp.1G).
Pull -tab serial number in play matches serial number on registration stamp.
TIPBOARDS (Rules 7860.0250):
Tipboard must have cost per ticket, value of top prizes, number of prizes, number of total tickets 1B
Serial number on tipboard must match serial number on the tickets and the master flare (S 2B
Winners valued at $100 or greater recorded (Su6p.5).
Seal prize, equal or greater than other prize, $500 maximum (Subp3B).
BINGO (Rules 7860.0230)
House rules for conduct of bingo are clearly posted (Su6p.4*C)
Bingo records maintained (Subp.8)
Checker required (Sufp9)
Serial number of winning card is recorded for prize of $100 or greater (Subp.4Q)
Single game prize limit is $100; cover all up to $500; not more than $3,000 total in one session.
Comments:
Officers Name
Date Signed
Attachment
DRAFT DRAFT DRAFT
R -93 -4
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Jan. 13, 1993
TITLE
WHEREAS, on December 7, 1992 the Roseville Area Youth Hockey
Association filed an application for a lawful gambling license
and a premises permit with the Minnesota Charitable Gambling
Control Board to conduct a pull tabs at Falcon Lanes at 1550 West
Larpenteur Avenue;
AND WHEREAS, on December 7, 1992 the application and proposed
premises permit to the Minnesota Charitable Gambling Board were
delivered to the city for review and approval;
AND WHEREAS, on December 28, 1992 the Roseville Area Youth Hockey
Association applied to the city for registration approval to
conduct pull tab operations at Falcon Lanes at 1550 West
Larpenteur Avenue in accordance with city ordinance on charitable
gambling, Chapter 5, Section 15.01 et. seq.
NOW THEREFORE BE IT RESOLVED THAT
1. the city council finds:
a. The city's investigation indicates that the
Roseville Area Youth Hockey Association has not
failed to comply with the terms or conditions of
any other gambling license and does not indicate a
history of noncompliance with state or local law
regulating the organization's gambling activities;
b. The premises on which the gambling is to be done
are conducted within a commercial zone;
c. The land area and setback requirements of the
premises, an existing shopping center, meet the
minimums established for the district;
d. The property is in an existing shopping center
building, and therefore, does not require
additional screening and landscaping because of
the gambling operation;
e. There is adequate off street parking for this use
as part of the existing shopping center building;
f. The activity is not expected to generate
unreasonable additional traffic so as to create a
nuisance or hazard to existing traffic or to a
surrounding land use;
g. At the times proposed, the activity is not
expected to disrupt other activities in the
neighborhood.
2. Based upon the above findings the premises permit for
the Roseville Area Youth Hockey Association is hereby
approved subject to the following conditions:
a. Registration is effective on this date and future
re- registration shall be required upon the
expiration of the premises permit.
b. The Roseville Area Youth Hockey Association shall
comply with all provisions of Chapter 5, Section
15.01, Subdivision 5 of the city code which is
attached hereto and incorporated in by reference.
c. The first audit report is due from the Roseville
Area Youth Hockey Association within 90 days after
the first gambling license year based on the
effective date of the state license.
d. Pursuant to ordinance Chapter 5, Section 15.01,
Subd. 4,(b)(1), the applicant shall submit on a
monthly basis 10% of its net profits derived from
lawful gambling to the city for deposit in a fund
administered and regulated by the city for
disbursement by the city for lawful purposes.
Moved by: Approved by:
Mayor
BALDWIN Date
CIERNIA In Favor
GEHRZ Attested by:
JACOBS Against City Clerk
GIBSON TALBOT
Date
PART 15. REGULATION OF NON PROFIT ORGANIZATION GAMBLING
-5 -15.01 Re:ulation of Non- •rofit Or_anization Gambling
Subdivision 1. Statute Incorprated. The provisions of Minnesota
Statutes, Chapter 349, as amended, are adopted and made a part of this
Code. The provisions set forth herein are in addition to Minnesota
Statutes to the extent that such provisions do not conflict with the
statutes.
Subdivision 2. Licenses, Permits and Registration.
a. Required; Eligibility. No person except an organization which
is licensed by or has a valid exemption permit from the state of
Minnesota and has registered with and been approved by the City of
Falcon Heights shall conduct lawful gambling within the City of
Falcon Heights. Such registration shall be commenced each time a
license or exemption permit is sought from the Charitable Gambling
Control Board.
b. Computation of Days. For purposes of this ordinance, raffle
apparatus shall be considered to be used or the raffle occasion
conducted on the day in which the drawing takes place and tipboaards
and paddlewheels shall be considered on any day in which numbers or
chances are sold.
c. Display. All licenses or permits required by this ordinance
shall be displayed during the license year at the premises licensed
for the conduct of gambling devices.
d. Authority to Inspect Registered Premises. The registration of
an organization under this ordinance shall be deemed to be a consent
by the organization to inspection of the licensed premises by any
police officer or any inspector of the city.
Subdivision 3. Registration of Charitable Gambling.
a. Any organization desiring to register to conduct charitable
gambling shall use forms obtained from the City Clerk and provide
the following:
1. The name, address and telephone number of the
organization.
2. The name, address and telephone number of the gambling
manager.
3. A copy of the organization's charitable gambling license
application or exemption permit.
4. A copy of any lease agreements, executed by the
organization in regard to premises leased for the conduct of
gambling.
5. A copy of the bond or certificate of insurance which meets
the requirements of Minnesota Statutes.
6. The dates, hours and locations of intended gambling.
MUNICIPAL REGULATIONS AND LICENSING 5 -15.01
b. The Council shall act upon the registration within sixty (60)
days from the date materials are submitted, but shall not approve an
application to the Charitable Gambling Control Eoard until at least
thirty (30) days after the date of application.
c. No organization which is exempt from statute licensure shall be
registered to conduct lawful gambling in the City of Falcon Heights
unless it meets the standards and conditions of Subdivision 14, for
approval of gambling license applications and keeps the records and
makes the reports required by Subdivision 6.
Subdivision 1 E Investigation, Action, Conditions. The registration
may be referred to any police authority for its investigation. Upon
receiving the reports, if any, of the police authority, the Council may
in its discretion approve or disapprove the registration and any
accompanying application by resolution.
a. Disapproval of Applications. The city shall approve an
application to the Charitable Gambling Control Eoard for a license
if:
1. The city's investigation indicates that the organization
or gambling manager failed to comply with the terms or
conditions of any other gambling license or indicates a
history of non compliance with state or local law regulating
the organization's gambling activities; or
2. The premises on which the gambling is to be conducted are
not within a commercial zone; or
3. The land area and setback requirements of the premises do
not meet the minimums established for the district; or
4. The property is not screened and landscaped if it abuts a
residential use; or
5. Adequate off -road parking and loading, screened and
landscaped from any abutting residential use is not provided
on the premises; or
6. The activity reasonably'could be expected to generate such
additional extra traffic as to create a nuisance or hazard to
existing traffic or to surrounding land use; or
7. At the times proposed for the activity, the proposed
gambling reasonably can be expected to disrupt other
activities in the neighborhood; or
33
MUNICIPAL REGULATIONS AND LICENSING 5 -15.01
8. For any other reasonable ground, the premises on which the
gambling is to be conducted are found unsuitable for that
purpose.
b. Approval of Applications. The city may approve an
organization's application to the Charitable Gambling Control Board
for a gambling license provided that subsection a. does not compel
disapproval. Any such approval shall be conditioned upon the
following:
1. The applicant shall be required to spend ten percent of
its net profits derived from lawful gambling upon a lawful
purpose specifically designated by the City Council.
2. Any other condition imposed by the Council which is
reasonably calculated to effectuate any legitimate city
purpose.
Subdivision 5. Records of Gross Receipts, Expenses, Profits and Local
Gambling.
a. Each organization registered to conduct lawful gambling shall
keep records of its gross receipts, quantity of free plays, if any,
expenses and profits for each single gathering or occasion at which
gambling is conducted. All deductions from gross receipts for each
single gathering or occasion shall be documented with receipts or
other records indicating the amount, a description of the purchased
item or service or other reason for the deduction, and the
recipient. The distribution of profits shall be itemized as to
payee, purpose, amount and date of payment.
b. Gross receipts from the operation of lawful gambling shall be
segregated from other revenues of the organization, and placed in a
separate account. Each organization shall have separate records of
its gambling operations.
c. Each organization registered to conduct lawful gambling shall
report monthly to its membership, and to the City Council, its gross
receipts, expenses and profits from gambling, and the distribution
of profits itemized as required in this section.
d. The City Council shall require an annual financial audit of any
organization that conducts lawful gambling in the City of Falconn
Heights at the organization's expense. The audit shall include
information on all gross receipts, profits, and expenses incurred by
the organization in the conduct of lawful gambling as well as
information on uses of profits. The audit report shall be submitted
to the City Council at the time of the organization's registration
but no later ninety days after the end of the gambling license year.
34
MUNICIPAL REGULATIONS AND LICENSING 5 -15.01
e. Any licensed organization that changes gambling managers during
the license year shall report such change in writing within seven
(7) days to the Cit
Y
Y Clerk.
f. Any licensed organization shall remit to the city each month
three percent of the gross receipts of the licensed organization
from charitable gambling within the city in the previous month, less
the cost of all prizes actually paid out by the organization for
that month. Such remittance may be used by the city only for the
purpose of regulating lawful gambling and any excess funds collected
shall be returned, pro rata, to the taxed organizations annually by
March 15 for the preceding calendar year.
5 -15.02 Seasonal Business
es
Subdivision 1. A license is hereby required for any person operating
a seasonal business in
an R -1 or B -1 district of the City
Heights.
5 -15.03 Certain Signs
Subdivision 1. Certain Signs. Signs on benches or newsstands,
cabstand signs, bus stop shelters, church directional signs, and similar
places, shall require a license.
35
Meeting Date: 1/13/93
Agenda Item: P -4
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Resolution designating use of unbudgeted 1992
Local Government Aid and Equalization Aid
funds for property tax relief from the State
Local Government Trust Fund
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY:
EXPLANATION /SUMMARY:
All cities receiving local government aid and equalization aid
for local property tax relief received an 8 1/2% increase in
their 1992 allocation in the December 26, 1992 aid payment. This
increase was due to the accrual of more sales tax revenue than
anticipated in the local government trust fund than originally
projected.
Council is asked to designate a use for the unanticipated
revenue.
ATTACHMENTS
A.- Memo from administrator dated 6 January 1993
B. Draft Resolution on the designation of unbudgeted revenue in
1992 local government aid and equalization aid
ACTION REQUESTED: Adopt resolution designating the use of
$14,569 of unbudgeted local government aid and equalization aid
from the local government trust fund for property tax relief.
CITY OF
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675
6 January 1993
TO: Mayor and Councilmembers
FROM: Susan Hoyt, City Administrator
RE: Unbudgeted LGA and Equalization Aid Revenue
All cities receiving local government aid and equalization aid
for local property tax relief received an 8 1/2% increase in
their 1992 allocation in the December 26, 1992 aid payment. This
increase was due to the accrual of more sales tax revenue than
anticipated in the local government trust fund than originally
projected. In 1990 and 1991 the amount of LGA to Falcon Heights
was reduced.
For Falcon Heights, this increase resulted in an additional
$14,569 in revenue in 1992 in addition to the $171,397 of LGA and
equalization aid. This is a one -time increase due to the
additional sales tax revenue. The anticipated 1993 LGA of
$158,830 will not include this additional property tax relief
aid.
It is appropriate to designate the use of this unbudgeted
revenue. Because of its one -time nature, the revenue may best be
designated to minimize future increases in property taxes, which
is what local government aid is intended to do.
Staff recommends that at this time the council designate the
additional $14,569 be allocated to:
1. Cover possible state aid reductions in 1993 or 1994;
2. Be used to reduce levy increases when budgeting and
determining the local property tax levy for 1994;
3. Be allocated to the city's infrastructure fund for the
city's on -going infrastructure improvements. This
additional revenue will minimize property tax increases
for current and future infrastructure improvements and
direct assessments over time.
4. Not be used to fund new programs that the city had not
planned to undertake and could not continue without
continued additional revenue.
A final decision on the allocation may be made during the 1994
budgeting process, which begins in mid- July.
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
PRINTED ON RECYCLED PAPER
TREE CITY IL sn iii,
DRAFT DRAFT DRAFT
No. R -93 -3
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Jan 13, 1993
RESOLUTION DESIGNATING UNANTICIPATED 1992 LGA /EQUALIZATION AID
FOR PROPERTY TAX RELIEF
WHEREAS, the City of Falcon Heights receives annual property tax
relief in the form of Local Government Aid and Equalization Aid
from the Local Government Trust Fund;
WHEREAS, the Local Government Trust Fund revenues are accrued
from 2 1/2 cents sales tax designated for property tax relief to
cities by the state legislature;
WHEREAS, the city develops its budget, and the resulting property
tax levy, based upon cost- efficient delivery of services;
WHEREAS, the city reduced its general operating budget over the
past three years;
WHEREAS, the state reduced the local government aid allocation to
the city by $41,668 in 1990 and 1991;
WHEREAS, actual revenues from sales tax in the 1992 Local
Government Trust Fund were higher than originally anticipated;
WHEREAS, the city received this additional sales tax revenue as
Local Government Aid and additional Equalization Aid of $14,569
(8 1 /2 %)in its December 23, 1992 payment;
WHEREAS, this is a one -time allocation and not an annual increase
in the city's local government aid and equalization aid
allocation;
WHEREAS, the state continues to anticipate a budget deficit for
1993 and 1994 and future revenue in the Local Government Trust
Fund may be used to reduce that deficit rather than go to cities
for property tax relief as designated:
WHEREAS, the city proposes to designate the additional 1992 local
government aid and equalization aid for use to minimize local
property tax increases;
THEREFORE BE IT RESOLVED, that the city designate the additional
$14,569 of local government aid and equalization aid for the
property tax relief as of 12/31/92. The property tax relief will
take the form of one or more of the following:
to off -set any reductions in 1993 local government aid
revenue from the local government trust fund
to provide property tax relief by minimizing levy
increases when the city council plans its 1994 budget
and considers its 1994 property tax levy
to pay for on -going infrastructure projects that will
minimize property tax increases and /or assessments to
pay for these projects;
not to fund new projects or programs that the city
would not otherwise undertake;
to determine the final allocation of this revenue
during the 1994 budgeting process.
Moved by Approved by
Mayor
BALDWIN
CIERNIA In Favor Date
GEHRZ
JACOBS Against
GIBSON TALBOT Attested by
City Clerk
Date
li cy p olicy p olicy p oky .p o i tcy p oky
Polky Po
Meeting Date: 1/13/92
Agenda Item: P 5
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Response from the City of Roseville to the
City of Falcon Height's June 24 proposal
regarding discussions on alternative forms
of "single city" government models
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY:
EXPLANATION /SUMMARY:
On December 28, 1992, the administrator received a letter from
the Roseville City Manager stating Roseville's continued interest
in discussing "possible benefits of cooperation or consolidation
in the mutual best interests of each community." This letter is
in response to a proposal that the Falcon Heights' City Council
sent to the Roseville City Council on June 24, asking the
Roseville City Council to participate in discussions about
possible models for a "single city" government.
The letter from Manager Sarkozy explains that the VISTA 2,000
planning process has occupied Roseville's time and priorities
over the past months.
The Falcon Heights administrator responded to the letter by
suggesting that she and Mr. Sarkozy outline a timetable for
developing some rough models of governance for the councils to
review. The two councils will be involved in determining that
timetable.
Staff recommends that when a timetable is prepared that the city
notify the citizens, who participated in the city's April, 1992
community forums. An article will also appear in the early March
newsletter to update residents on the status of these
discussions.
ACTION REQUESTED:
Announce and discuss the status of discussions on cooperation
with Roseville.
i:.:::::::.:::: �::.::::::.:Policy ::::iv:<v4. Policy ::.i:i :p:4:<i:policy isi::< Policy
::::v: is Polky