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HomeMy WebLinkAbout11/12/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA November 12, 2014 7:00 p.m. A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ BROWN THUNDER ____ HARRIS ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: October 22, 2014 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 11/07/2014: $176,673.37 Payroll through 10/29/2014: $14,691.28 2. Approval of City Licenses 3. Approval of Cable Television Franchise Ordinance Amendment and the Transfer Resolution. 4. Budget amendment to General Fund and Transfer of Funds to fund the budget increases. Also, amendments and transfer of funds to debt service funds in regards to levy for 2015. 5. Charitable / Lawful Gambling License for Falcon Heights Elementary PTA 6. Noise Ordinance 7. Coal Tar Sealant Ordinance 8. SCORE Grant Application Authorization G. POLICY ITEMS: H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES October 22, 2014 7:00 p.m. A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM __X__ BROWN THUNDER __X__ HARRIS __X__ LONG __Absent__ MERCER-TAYLOR _Absent___ STAFF PRESENT: FISCHER __X__ Knutson __X__ C. PRESENTATIONS: D. APPROVAL OF MINUTES: October 8, 2014 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Harris, Approved 3-0 1. General Disbursements through 10/17/2014: $186,568.06 Payroll through 10/13/2014: $14,819.08 2. Approval of City Licenses 3. No Parking Resolution for Garden Avenue 4. Sewer Lining Payment #1 5. Approve Amendment to Bylaws of Fire Department Relief Association 6. Budget Amendment Recycling Fund 7. Statutory Tort Limits Liability Coverage for City in 2015 8. Amendment to the City of Falcon Heights Flexible Benefit Plan 9. Modifications to specifications on construction of new ladder fire truck 10. Approve Separation Agreement G. POLICY ITEMS: 1. Underground Music Café Liquor License Brown Thunder, Approved 3-0 The City Administrator Bart Fischer presented the staff report. Bart Fischer and City Attorney Roger Knutson answered questions from the Council. Tim Cheesebrow, owner of Underground Music Café, answered questions from the Council. H. INFORMATION/ANNOUNCEMENTS: Joe Brown Thunder: Announced the Park Master Plan Open House on October 23, 6pm – 8pm at City Hall. Mayor Lindstrom: Announced an upcoming Campus Community Advisory Committee meeting. Bart Fischer: Made note, please do not rake or blow leaves out into streets. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:20 pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 11/07/2014: $176,673.37 Payroll through 10/29/2014: $14,691.28 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date November 12, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Mechanical License for 2014. Staff has received the necessary documents for licensure. 1.Twin City Fireplace and Stone 2.Blue Ox Heating and Air The following individuals have applied for a Christmas Tree License for 2014. Staff has received the necessary documents for licensure. 1.University of Minnesota Forestry Club 2.Falcon Heights – Lauderdale Lions Club Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. Meeting Date November 12, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Tim Sandvik Administrative Coordinator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approval of the Cable Television Franchise Ordinance Amendment and the Transfer Resolution. Description Attached is a Staff Memo from Cor Wilson, Executive Director of the North Suburban Communications Commission. The memo explains the actions the Cable Commission is recommending the City take. All other cities that are part of the NSCC are also adopting the proposed Ordinance and Resoltuion. Budget Impact N/A Attachment(s) -Ordinance No. 14-05 -Resolution No. 14-20 Action(s) Requested Staff recommends the City Council approve of both the Cable Television Franchise Ordinance Amendment and the Transfer Resolution as approved and presented by the NSCC. Staff Memo Cable Franchise Extension Amendment and Cable Franchise Transfer Background A. NSCC Resolution of Legal and Franchising Issues As the Council knows, the North Suburban Communications Commission (“NSCC”) manages the City’s cable television franchise on behalf of the City. On October 10, 2014, the NSCC reached an agreement with Comcast on the resolution of multiple cable franchising issues. The following are some highlights of the agreement: Cable Franchises to be extended through December 31, 2016. Memorandum of Understanding to be extended through December 31, 2016, which will provide approximately $3M in funding over the next 2 years. Meeting Date November 12, 2014 Agenda Item Consent F3 Attachment Ordinance No. 14-05 Resolution No. 14-20 Submitted By Bart Fischer, City Administrator • Franchises and MOU will both roll-over (i.e. month-to-month) if not renewed by extension date (December 31, 2016). • The pending administrative hearing before the Office of Administrative Hearings, which is part of the formal renewal process will be suspended and all motions withdrawn. • The formal renewal process may recommence after July 1, 2015, or the closing of the transfer whichever occurs first. • Commitment by the NSCC and Comcast to have at least monthly meetings for the informal cable franchise renewal process. • NSCC will receive 1 HD channel with provisions for channel placement and quality. • NSCC will have access to the Electronic Programming Guide. • Refund of approximately $49,000 total to cable subscribers. • PEG Capacity and Rate Order Violation Notices will be withdrawn. • I-Net status quo, except Comcast will not be required to extend it to new locations. • Consent to the Transfer Application. This agreement is contingent upon the NSCC member cities (1) approving the extension of the cable television franchise ordinance through December 31, 2016; and (2) approving the pending cable franchise transfer application. The NSCC has recommended that the City approve both the extension and the transfer application. Cable Television Franchise Ordinance Amendment The NSCC has prepared a Cable Television Franchise Ordinance Amendment for the City. It extends the existing Cable Television Franchise Ordinance through December 31, 2016, and it requires Comcast’s acceptance. The NSCC has indicated to staff that Comcast has no objection to the amendment. Transfer Application The NSCC has recommended approval of the cable television franchise transfer application, which will transfer ownership of the ultimate parent of the cable franchise from Comcast to a new company that will be called GreatLand Connections. The attached resolution was negotiated and accepted by both the NSCC and Comcast/GreatLand. The resolution lists several contingencies, including the actual closing of the proposed transaction, receipt of necessary federal approvals, executing a guaranty of performance and executing a guaranty regarding rates. Families, Fields and Fair __________________________ Staff Recommendation Staff recommends approval of both the Cable Television Franchise Ordinance Amendment and the transfer resolution as presented to the City. ORDINANCE NO. 14-05 CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT The City of Falcon Heights (the “City”) ordains as follows: Section 1. Section 2, Paragraph 4, entitled “Franchise Term” of the City’s Cable Television Franchise Ordinance (Ord. No. 14-05), shall be amended as follows: 4. Franchise Term. Pursuant to North Suburban Communications Commission Resolution No. 2014-05 (the “Extension Agreement”), this Franchise shall be in effect through December 31, 2016, unless sooner renewed, revoked or terminated as herein provided. Section 2. This Ordinance shall be effective upon the acceptance of Comcast of Minnesota, Inc. Passed and adopted this 12th day of November, 2014. Attest: CITY OF Falcon Heights By: ________________________________ By: ________________________________ Its: Its: ACCEPTED: This Cable Television Franchise Ordinance Amendment is accepted and we agree to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. Dated: ____________________________ By: ________________________________ Its: ______________________________ CITY OF FALCON HEIGHTS COUNCIL RESOLUTION November 12, 2014 No. 14-21 - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE AND CABLE TELEVISION SYSTEM FROM COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC. WHEREAS, the North Suburban Communications Commission (hereinafter the “Commission”) is a Joint Powers Commission organized pursuant to Minn. Stat. § 471.59, as amended, and includes the municipalities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview, Minnesota (hereinafter, the “Member Cities”); and WHEREAS, Comcast of Minnesota, Inc., (“Franchisee”) holds individual franchises (collectively the “Franchise”) to operate a cable television system (the “System”) in the Member Cities pursuant to separate franchise ordinances (collectively the “Franchise Ordinances”); and WHEREAS, Section 10.5(a) of the Franchise Ordinance requires the Commission’s prior consent to a fundamental corporate change, including a merger or a change in Franchisee’s parent corporation; and WHEREAS, the Commission’s Joint Powers Agreement includes the power to administer and enforce the Franchise on behalf of the Member Cities; and WHEREAS, after a series of transfers, Comcast of Minnesota, Inc., was approved by the Commission as the Franchise holder, pursuant to prior transfer resolutions (the “Prior Transfer Resolutions”). The Prior Transfer Resolutions, the Franchise, the Franchise Ordinance, and the Franchise Extension Agreement together with any applicable resolutions, codes, ordinances, acceptances, acknowledgments, guarantees, amendments, memoranda of understanding, social contracts and agreements, are collectively referred to as the “Franchise Documents;” and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of Comcast Corporation (“Comcast”); and WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchise and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the “Proposed Transaction”); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest 2 Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as “GreatLand” throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the Commission on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the “Transfer Application”); and WHEREAS, under the Proposed Transaction, the Franchise and Cable System will stay with Franchisee, and its ultimate parent company will be GreatLand; and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the City; and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Commission, including directing the representatives of the Commission to publicly filed and available information, and information posted to Comcast Corporation and other websites (the “Data Request Responses”); and WHEREAS, the Commission reviewed the Transfer Application and considered all applicable and relevant factors and has recommended conditional approval by all of the Member Cities; and WHEREAS, in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc., Comcast, and GreatLand, to the Commission, the City is willing to grant consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City’s approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF Falcon Heights AS FOLLOWS: Section 1. The City’s consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise Ordinances, subject to the following conditions: 1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System located in the City’s public rights-of-way or on City’s property, shall be assigned or transferred, in whole or in part, without filing a written application with the City and/or the Commission and obtaining the City’s prior written approval of such transfer or assignment, but only to the extent required by applicable law. 1.2 The City’s approval of the Transfer Application is made without prejudice to, or waiver 3 of, its and/or the Commission’s right to fully investigate and consider during any future franchise renewal process: (i) Franchisee’s financial, technical, and legal qualifications; (ii) Franchisee’s compliance with the Franchise Documents, except as set forth in the Franchise Extension Agreement; and (iii) any other lawful, relevant considerations. 1.3 The City’s approval of the Transfer Application is made without prejudice to, or waiver of, any right of the Commission or the Member Cities to consider or raise claims based on Franchisee’s defaults, any failure to provide reasonable service in light of the community’s needs, or any failure to comply with the terms and conditions of the Franchise Documents, or with applicable law, except as set forth in the Franchise Extension Agreement. 1.4 The Commission and the Member Cities waive none of their rights with respect to the Franchisee’s compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents and in applicable law. The City’s approval of the Transfer Application shall in no way be deemed a representation by the Commission or the Member Cities that the Franchisee is in compliance with all of its obligations under the Franchise Documents and applicable law. 1.5 After the Proposed Transaction, GreatLand and Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. 1.6 GreatLand shall provide an executed written certification in the form attached hereto within thirty (30) days after consummation of the Proposed Transaction, guarantying the full performance of the Franchisee. GreatLand shall provide the Commission with written notification that the Proposed Transaction closed within ten (10) days after the closing; 1.7 GreatLand will comply with any and all conditions or requirements applicable to GreatLand set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and Transfer Application (including any conditions with respect to programming agreements), such conditions or requirements to be exclusively enforced at the federal level; 1.8 GreatLand shall provide a written guarantee in the form attached hereto within thirty (30) days of the effective date of this Resolution specifying that subscriber rates and charges in the Commission area will not increase as a result of the costs of the Proposed Transaction; 1.9 After the Proposed Transaction is consummated, GreatLand and Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction, subject to the terms of the Franchise Extension Agreement. 4 1.10 Nothing in this Resolution amends or alters the Franchise Documents or any requirements therein in any way, and all provisions of the Franchise Documents remain in full force and effect and are enforceable in accordance with their terms and with applicable law. 1.11 The Proposed Transaction shall not permit GreatLand and Franchisee to take any position or exercise any right with respect to the Franchise Documents and the relationship thereby established with the Member Cities and the Commission that could not have been exercised prior to the Proposed Transaction. 1.12 GreatLand assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its current obligations under the Franchise Documents and enable Franchisee to maintain through 2015 the current operational and customer service levels taken as a whole. 1.13 The Commission is not waiving any rights it may have to require franchise fee payments on present and future services delivered by GreatLand or its subsidiaries and affiliates via the cable system; 1.14 The Commission is not waiving any right it may have related to any net neutrality, open access, and information services issues; 1.15 Receipt of any and all state and federal approvals and authorizations; 1.16 Actual closing of the Proposed Transaction consistent with the transfer application; and Section 2. If any of the conditions or requirements specified in this Resolution are not satisfied, then the City’s recommended consent to, and approval of, the Transfer Application and Proposed Transaction is hereby DENIED and void as of the date hereof. Section 3. Franchisee, GreatLand, or a subsidiary shall reimburse the Commission in accordance with § 10.5(e) of the Franchise Ordinances in an amount not to exceed $15,000. GreatLand and its subsidiaries shall not assert its right to claim that the reimbursement made under this Resolution is a franchise fee for purposes of 47 U.S.C. § 542, nor shall it be offset against or deducted from franchise fee payments made under the Franchise. Section 4. If any of the written representations made to the Commission in the Transfer Application proceeding by (i) Comcast of Minnesota, Inc., (ii) Comcast or (iii) GreatLand, (iv) any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any respect, it shall be deemed a material breach of the Franchise Documents and applicable law, including, without limitation, revocation or termination of the Franchises. Section 5. This Resolution shall not be construed to grant or imply the City’s consent to any other transfer or assignment of the Franchises or any other transaction that may require the City’s consent under the Franchise Ordinances or applicable law. The Commission and the 5 Member Cities reserve all their rights with regard to any such transactions. Section 6. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C. § 537. Section 7. The transfer of control of the Franchise from Comcast to GreatLand shall not take effect until the consummation of the Proposed Transaction. Section 8. This Resolution shall be effectively immediately upon its adoption by the City. Adopted by the City of Falcon Heights this 12th day of November, 2014. - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor November 12, 2014 LINDSTROM ____ In Favor BROWN THUNDER Attested by:_________________________ HARRIS ____ Against Bart Fischer LONG Administrator MERCER-TAYLOR November 12, 2014 Attachment 1 Form of Guaranty of Performance GUARANTY OF PERFORMANCE GreatLand Connections, Inc., as the ultimate parent entity of Comcast of Minnesota, Inc., the Franchisee, upon closing of the proposed transaction (as defined in the North Suburban Communications Commission Resolution No. _____) certifies that it has sufficient financial resources and will at all times make available all necessary financial resources to ensure that the Franchisee has the capability to operate and maintain the System in accordance with the Franchise and applicable laws, regulations codes and standards, and to fully comply at all times with the Franchise, and applicable laws, regulations, codes and standards and guarantees such performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of November 12th, 2014. GreatLand Connections, Inc. By: ________________________ Name: ______________________ Title: _______________________ Address: Attachment 2 Form of Guaranty Regarding Rates GUARANTY REGARDING RATES GreatLand Connections, Inc., upon closing of the proposed transaction (as defined in the City of Falcon Heights (Resolution No. 14-20), guarantees that rates and charges for cable service offered by ______________________, the Franchisee in the City of Falcon Heights, will not increase as a result of the cost of the proposed transaction. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of November 12th, 2014. GreatLand Connections, Inc., By: ________________________ Name: ______________________ Title: _______________________ Address: REQUEST FOR COUNCIL ACTION The City That Soars! Item Budget amendment to General Fund and Transfer of Funds to fund the budget increases. Also, amendments and transfer of funds to debt service funds in regards to levy for 2015. Description The fire department consultants recommended hiring a fire chief for our fire department. The Council approved this recommendation and a fire chief was hired with benefits in June 2014. Estimated budget impact for 2014 is $30,200. In addition, Deb Jones, the city’s planning director, retired August 2014. Her retirement was not known when the 2014 budget was adopted. Deb’s accrued and unused leave totaled approximately $9,100 for the general fund. Estimated budget impact for 2014 is $9,800. Staff recommends amending the general fund budgets and recommends transferring $40,000 from sanitary sewer fund to fund these additional expenditures. The expense account budgets are recommended to be increased as follows: Planning: 101-4117-60100 9,100 101-4117-64012 700 Fire: 101-4124-60100 18,500 101-4124-64011 1,400 101-4124-64012 1,450 101-4124-64031 8,400 101-4124-64032 450 Transfer of funds: From sanitary sewer 601-4601-97000 40,000 To General Fund: 101-39200 40,000 The total property tax levy for 2015 includes reductions in portions of the debt levy and requires a transfer of funds to lower the debt amounts. This requires a transfer of funds of $100,000 from sanitary sewer to the affected three debt funds. Affected Meeting Date November 12,2014 Agenda Item Consent F4 Attachment Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ N/A funds and budget accounts to be amended and transfer amounts are as follows: From Sanitary sewer 601-4601-97000 100,000 To 2010A GO Equipment Certificates 306-39200 25,000 To 2013A GO Improvement 311-39200 25,000 To 2013B GO Equipment Certificiates 312-39200 50,000 Budget Impact Increase budget line items and transfer of funds. Attachment(s) Action(s) Requested Staff recommends increasing budget line items as listed previously and transferring the needed funds from sanitary sewer to fund these additional expenditures for 2014 that occurred after the 2014 budget was adopted and also to fund the reductions in the debt levy portion of the 2015 property tax levy. N/A REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Charitable/Lawful Gambling License for Falcon Heights Elementary PTA Description For the past several years the Falcon Heights Elementary PTA has held a fundraising raffle a part of their annual carnival event. Because the total value of the prizes is expected to be over $1,500, an exempt permit to conduct lawful gambling activity is required. The PTA is requesting that the City approve their application with no waiting period. They are making the request now for the carnival in March so that they can begin printing and selling raffle tickets as soon as possible. If Council chooses to approve the charitable gambling application, the City would then need to sign the LG220 Application Form completed by the applicant and forward it to the Minnesota Gambling Control Board for review and final approval. Budget Impact N/A Attachment(s) Falcon Heights Charitable/Lawful Gambling License Application Minnesota LG220 Application for Exempt Permit Action(s) Requested Staff recommends that Council approve the exemption charitable gambling application for Falcon Heights Elementary PTA to conduct lawful gambling activity at their annual carnival. Meeting Date November 12, 2014 Agenda Item Consent F5 Attachment City’s Charitable Gambling Application LG220 Application for Exempt Permit Submitted By Bart Fischer, City Administrator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Noise Ordinance Description At this time the only portion of the Falcon Heights City Code that addresses noise is as follows: Unnecessary noise. No person, in any public or private place, shall make, or assist in making, by any manner of means, any loud, unpleasant or raucous noise disturbing to others, unless the same is reasonably necessary to the preservation of life, health, safety, or property. The proposed ordinance adds language to limit the hours of operation of both domestic power equipment and construction activities. The ambiguity of the current “unnecessary noise” section makes any enforcement or prosecution very difficult. The addition is being modeled after St. Anthony Village’s noise ordinance, which Lauderdale has also adopted, in order to make enforcement more consistent for police officers. This ordinance has been reviewed by the City Attorney. Budget Impact N/A Attachment(s) Draft Ordinance 14-03. Action(s) Requested Staff recommends the Falcon Heights City Council approve draft Ordinance 14-03. Meeting Date November 12, 2014 Agenda Item Consent F6 Attachment Draft Ordinance 14-03 Submitted By Chelsea Petersen, Community Development Coordinator Bart Fischer, City Administrator 1 ORDINANCE NO. 14-03 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AMENDING CHAPTER 22 OF THE FALCON HEIGHTS CITY CODE CONCERNING PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 22, Article III, Sec. 22-47 of the Falcon Heights City Code is amended by adding subsections (g) and (h) to read as follows: (g) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 8:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. (h) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. on any weekday or between the hours of 9:00 a.m. and 8:00 p.m. on any weekend or holiday. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this ______ day of ____________, 20__, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fisher, City Administrator/Clerk 12th November 14 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Coal Tar Sealant Ordinance Description For a long time coal tar was widely used in sealant products on driveways and parking lot surfaces, with popularity decreasing over time due to environmental concerns. While at this time coal tar based sealants are no longer widely found in stores, they are still available and are often marketed door-to-door by driveway contractors. In 2012 Council passed Ordinance No. 12-02 that prohibited property owners from applying or contracting an outside party to apply coal tar based sealants. This proposed ordinance adds a prohibition on the sale of these products to the existing restrictions. The draft being presented at this time is modeled after a the League of Minnesota Cities model ordinance based on the statewide prohibition on the use and sale of coal tar sealants codified under Minnesota Statutes section 116.202. This ordinance has been reviewed by the City Attorney and is consistent with the objectives of the City of Falcon Heights Water Resource Management Plan. Budget Impact N/A Attachment(s) Draft Ordinance 14-04. Action(s) Requested Staff recommends the Falcon Heights City Council approve draft Ordinance 14-04. Meeting Date November 12, 2014 Agenda Item Consent F7 Attachment Draft Ordinance 14-04 Submitted By Chelsea Petersen, Community Development Coordinator Bart Fischer, City Administrator ORDINANCE NO. 14-04 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AMENDING CHAPTER 22 OF THE FALCON HEIGHTS CITY CODE CONCERNING REGULATION OF COAL TAR-BASED SEALER PRODUCTS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 22, Article IV of the Falcon Heights City Code is amended to read as follows: Sec. 22-55. Purpose. The City of Falcon Heights understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The 2013 Minnesota Legislature enacted a statewide prohibition on the use and sale of coal tar sealant products. This new statewide prohibition has been codified under Minnesota Statutes section 116.202 and is effective on January 1, 2014. The purpose of this ordinance is to prohibit violations of Minnesota Statutes section 116.202 in the City of Falcon Heights, Minnesota, in order to protect, restore, and preserve the quality of its waters. Sec. 22-56. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: ASPHALT BASED SEALER. A petroleum based sealer material that is commonly used on driveways, parking lots, and other surfaces and does contain PAHs. COAL TAR. A byproduct of the process used to refine coal. COAL TAR SEALANT PRODUCT. A surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-93-2, 65996-89-6, or 8007-45-2. CITY. The City of Falcon Heights. MPCA. The Minnesota Pollution Control Agency. PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. Sec. 22-57. Prohibitions. A. No person shall apply a coal tar sealant product on asphalt paved surfaces within the City. B. No person shall sell a coal tar sealant product that is formulated or marketed for application on asphalt-paved surfaces within the City. C. No person shall allow a coal tar sealant product to be applied upon property that is under that person’s ownership or control. D. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar sealant product to any driveway, parking lot, or other surface within the City. E. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar sealant product to any driveway, parking lot, or other surface within the City. Sec. 22-58. Exemptions. Upon the express written approval from the MPCA and in accordance with Minnesota Statutes section 116.202, a person who conducts research on the environmental effects of coal tar sealant product or where the use of coal tar sealant product is necessary in the development of an alternative technology shall be exempt from the prohibitions provided in Section 3. Any person that is granted approval by the MPCA must provide a copy of the written approval from the MPCA to the City twenty days before conducting the research. Sec. 22-59. Asphalt Based Sealcoat Products. The provisions of this ordinance shall only apply to coal tar sealant products in the City and shall not affect the use of asphalt based sealer products within the City. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this 12th day of November, 2014, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fisher, City Administrator/Clerk REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description SCORE Grant Application Authorization Background The SCORE grant from the State of Minnesota helps offset the cost of providing recycling services to our residents. The City must apply for this funding annually through St. Paul-Ramsey County Department of Public Health, Environmental Health Division. The Council must authorize the Mayor and Administrator to enter into an agreement with Ramsey County for funding under the 2015 SCORE recycling grant along with adopting the attached resolution. Budget Impact This year’s grant award is estimated to be $11,097, with the exact amount yet to be determined. Attachment(s) Resolution 14-21 Action(s) Requested Staff recommends that the Falcon Heights City Council approve the SCORE grant application. Meeting Date November 12, 2014 Agenda Item Consent F8 Attachment Resolution 14-21 Submitted By Chelsea Petersen, Community Development Coordinator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION November 12, 2014 No. 14-21 - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO SIGN THE 2015 RAMSEY COUNTY SCORE GRANT, AND ENTER INTO AN AGREEMENT WITH RAMSEY COUNTY FOR FUNDING WHEREAS, the City of Falcon Heights has a recycling program, which serves the residents of the City; and WHEREAS, the City utilizes the SCORE funding to offset costs of that program each year; and WHEREAS, the City Council has determined that participation in this program is beneficial to the residents of Falcon Heights; NOW, therefore, be it resolved by the City Council of the City of Falcon Heights, Minnesota; The Mayor and City Administrator are authorized to enter into an agreement with Ramsey County for funding under the 2015 SCORE Grant. ADOPTED by the Falcon Heights City Council this 12th day of November, 2014. - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor November 12, 2014 LINDSTROM ____ In Favor BROWN THUNDER Attested by:_________________________ HARRIS ____ Against Bart Fischer LONG Administrator MERCER-TAYLOR November 12, 2014