HomeMy WebLinkAboutCity Council Packet_9-26-18CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
September 26, 2018 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ___ LEEHY____ N/A ___
MIAZGA ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C. PRESENTATIONS:
1. Appointment of Pamela Harris to the Vacant City Council Seat and Oath of Office
Ceremony
D. APPROVAL OF MINUTES:
1. September 12, 2018 City Council Meeting Minutes
E. PUBLIC HEARINGS:
1. Ordinance Amending City Code Chapter 22 Section 20 Notification; Deadline for Removal
2. Emerald Ash Borer
a. Ordinance Amending City Code Chapter 54 Concerning the Removal of Trees,
Shrubs, and Other Plants
b. Resolution Adopting the Emerald Ash Borer Preparedness and Management Plan
F. CONSENT AGENDA:
1. General Disbursements through: 9/20/18 $74,949.97
Payroll through: 9/15/18 $19,413.06
2. Resignation of Tim Sandvik, Deputy Clerk/Recreation Supervisor
3. Resignation of Paul Moretto, Community Development Coordinator
4. Extend Recycling Contract with Tennis Sanitation, LLC
5. Annual Designation of Polling Places
6. Job Description and Title Change from Deputy Clerk/Recreation Supervisor to
Assistant to the City Administrator
G: POLICY ITEMS:
1. Adopt and Certify the 2019 Preliminary Levy
H. INFORMATION/ANNOUNCEMENTS
1.
I. COMMUNITY FORUM:
J. ADJOURNMENT:
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Pamela Harris to the Vacant City Council Seat and Oath of Office
Ceremony
Description Council Member Joe Brown Thunder relocated to California and left a vacancy on
the City Council. The City followed the same process that was conducted when
Council Member Joe Brown Thunder was appointed for a temporary two-year term
before he was elected in 2016 for a four-year term.
A Review Committee was established that included representatives from each of
the four commissions, and two representatives from the City Council. The City
advertised for the opening and received eleven (11) applicants. The Review
Committee interviewed all eleven (11) applicants and recommended four applicants
to be interviewed and considered by the City Council.
Budget Impact N/A
Attachment(s) ·Oath of Office – Pamela Harris
Action(s)
Requested
Motion to approve appointing Pamela Harris to the vacant City Council seat and
administer the Oath of Office.
Meeting Date September 26, 2018
Agenda Item Presentation C1
Attachment Oath of Office
Submitted By Sack Thongvanh, City Administrator
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Oath of Office
“I, Pamela Harris, do solemnly affirm to support the Constitution of the United
States, the Constitution of the State of Minnesota, and to discharge faithfully the
duties of the office of City Council Member of the City of Falcon Heights,
Minnesota, to the best of my judgement and ability, and this I do under the
penalties of perjury.”
_____________________________
Pamela Harris, Council Member
ATTEST: _________________________________
Sack Thongvanh, City Administrator
September 26, 2018
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
September 12, 2018 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM _X__ LEEHY__X__ N/A ___
MIAZGA _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH__X__
C. PRESENTATIONS:
D. APPROVAL OF MINUTES:
1. August 22, 2018 City Council Meeting Minutes
Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 9/07/18 $367,465.33
Payroll through: 8/31/18 $39,850.30
2. Approve Appointment of Julie Stegman to the Community Engagement
Commission
3. Ramsey County Sheriff’s –Purchase Squad Car from 2018 Approval of
Contract
4. Small Wireless Facilities Application Fee
5. Approve Final Grant Report for Good Neighbor Fund for “Piano in the Park”
6. Approve Appointment of Justin Markon to the position of Community
Development Coordinator
Justin Markon – New Community Development Coordinator
Thank you, Mayor Lindstrom and Council Members for the opportunity to be here tonight. I
am pleased to apply for the position and accept the offer of the Community Development
Coordinator at the City of Falcon Heights. I grew up in Duluth and went to St. John’s
University for my Bachelor’s Degree in Political Science. When I was at St. John’s, I had the
opportunities to intern at the City of Avon and City of Delano. In both of those cities, I had
tremendous opportunities to work with citizen, council members, and doing various of great
things to help the cities. My role at the City of Delano, I did a variety of different tasks and
became a liaison to the Planning Commission, and Park and Rec Commission. This past winter,
we started a Spirit of Community Commission, which is name after our cities motto “spirit of
community”. It is based on human rights issues of human rights diversity inclusive. I am
excited to bring my background from those cities to Falcon Heights.
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Mayor Lindstrom
Thank you, Justin, for the introduction. I am a St. John's Alumni and received a message from
Justin’s supervisor. He expressed that Justin was one of the best employees that they ever had
at the Eugene McCarthy Center. Welcome aboard!
Council Member Leehy
Welcome, Justin Markon to Falcon Heights. Looking forward to working with you as we are in
the season of the Comp Plan and other city activities.
Council Member Miazga
Your background in Public Administration, planning, and inclusion is a great asset. Falcon
Heights is lucky to have you.
Council Member Gustafson
Welcome, Justin and looking forward to working with you.
Council Member Gustafson Moved, Approved 4-0
G: POLICY ITEMS:
1. Sidewalk Trip Hazard Repair
City Administrator Thongvanh
City staff continues to evaluate areas of safety hazards throughout the community such as trails,
sidewalks, and trees. Anything that looks hazardous to the public, how to address them and
see if we can mitigate it right away. It will be a bit labor intensive than our staff can handle.
Adding on, we do not have the right equipment to take care of the grinding of the sidewalk
panels. Crews have also determined the financial ability of the city to identify the most cost-
effective option. We had used this company in the past before it was renamed to Safe Step. In
front of you is a quote from Safe Step and they broke it into three separate quotes to do it on
three different sections based on the price.
In comparison, the price is different from last time. However, if we could handle it, then we are
going to make sure that we address all the issues. We will be shaving the panels to make it
ADA compliance. In spring 2019 to early summer, our Public Works crew should be going out
there to replace the panels and fix any existing cracks.
Also, Public Works will be doing some sidewalk repairs that need to be addressed right away.
We need to take immediate actions on repairing the sidewalks because we had an incident last
year where a senior individual tripped and fall on our sidewalk. Issues like this need to be
addressed right away. The document you have in front of you is a quote from Safe Step for
$17,150, and staff recommends a motion to approve the quote from Safe Step. We have about 80
to 84 sidewalk panels, which includes Cleveland Ave from Roselawn to Larpenteur, Larpenteur
from Cleveland to Hamline, Hamline from Larpenteur to Roselawn, and Roselawn from
Hamline to Snelling.
Council Member Leehy
It is critical that we maintain the ADA compliance and limit injuries. I will gladly motion this
policy item.
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Council Member Leehy Moved, Approve 4-0
H. INFORMATION/ANNOUNCEMENTS
Council Member Miazga
· Planning Commission meets on Tuesday, September 25, at 7 p.m. at City Hall. This
meeting is designed to be very informal and get public inputs for the Comprehensive
Plan. Each Planning Commissioner member will take a section of the plan and be
available for one-on-one or small group discussions for feedbacks, questions, or
concerns regarding their section of the plan.
· I am also working with Hawa Samatar about holding an event at 1550 Larpenteur
Avenue in October. We are also thinking about doing an event at 1666 Coffman, but we
are not sure yet.
· I spoke to an attorney at the League of Minnesota Cities about the Statute. I mentioned it
in our last City Council meeting about the ability for the City to tackle an issue such as a
single hauler. I learned that that City would have to provide notice through a public
hearing or other public notices as long as it starts in 2018. We would have the freedom
to carry it forward into 2019, and would not have to be passed in 2018 to have an entire
local economy over the issue.
Last week, I spent some time talking to a couple of residents in the community about
grants and trying to design an ad-hoc local group to help me find grants. I write
proposals for part of my living. I did find some residents who were interested in this
opportunity. What I like to see ideally is a group that can regularly check websites for
grants, look at abstracts and to do the literature review. I hope to bring this to City Staff
and Council for approval to move forward. Adding on, I did get us registered with a
site called Government Grants because Falcon Heights did not have a presence on the
website. Those two are very appealing because government grants bring the City
money especially single haulers where there are many environmental benefits. Also,
cities that I have recently looked at are paying anywhere to 10 to 15 dollars a month. It
would save residents money in the long term. Second, the levy will be increasing, and
these would be opportunities we have to help offset that for the residents in the long
run.
Council Member Gustafson
· Community Engagement Commission will meet next on Monday, October 15 at 7 p.m.
Also, Human Rights Day will be on Monday, December 10. Please save that date to
attend. It will be an essential event to follow up, and our topic is in Discrimination in
Housing.
Mayor Lindstrom
· Environment Commission met on Monday night. Justin Markon and City
Administrator Thongvanh were present at the meeting. I was impressed by our
commissioners. We are diving deep into the plan and looking at it through a
sustainability lens. Each commissioner brought in very detailed concrete
recommendations on different items of the Comprehensive Plan to make it more
sustainable. Commissioners were able to create more goals for 2020, 2030 and 2040 and
where we want it to be for greenhouse, gas emission reductions, and variety of strategies
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to get us to where we want to be. Everyone will be seeing a lot more of that in the weeks
and months ahead.
· I participated in the Regional Council of Mayors where mayors from different cities get
together monthly. There are about 20 or 30 mayors who meet in downtown
Minneapolis and talk about economic development, housing, environment, and,
transportation. It is a group of mayors from the metro area that is meeting over a two-
day period with mayors from different regions. The goal here is to talk about things that
unite us. We hear a lot about the urban-rural divide and our theory is that there is a lot
more that unites us than divides us. Whether it is education, transportation, access to
broadband, and health care. When the mayors come together, we build relationships.
We focus on uniting than dividing. There was a conversation meeting in Bemidji, Duluth
where six mayors from the metro area and five to ten majors from the Bemidji, Duluth
region met. I will be participating in a conversation in Rochester in a few weeks. The
first part of October and then I am helping to organize one of these conversations in my
hometown of Wilmer in a few months.
City Administrator Thongvanh
· Curtiss Field half basketball court was approved by Council Member and has been
discussed in the past few months. The stakes are in the ground and I encourage
residents and Councilors to look at it and provide feedback. We post it on Facebook,
Twitter, weekly E-newsletters, and mailed newsletter. We also sent postcards out to
residents who live about 1,000 feet from Curtiss Field. Staff analyzed the location and
found a spot where we can put it without interfering with the pond, residents, or the
pavilion. We did not want to tear out the concrete that was put in a couple years ago. .
· I received an updated from the TIES building. They are currently in the process of a
purchase agreement with a developer. They will also have to come to the City Hall and
meet with the Planning Commission to discuss their plans and aspirations for the site.
· The Community Survey was sent out a few weeks ago, and staff has been entering them
in Survey Monkey. Staff is not completely done entering the survey, but as of right now
we have about 340.
· I attended the Critical Role of City Leaders in the 21st Century Municipal Policing in
New Brighton. There were some managers, elected officials, staffs, and police
departments that attended the event. The training covered how to handle critical
incidents. There was a presentation by the City Administrator and Police Chief from
New Hope. They spoke about the shooting incident at City Hall in New Hope. The City
of Plymouth also presented three different events, and it was very educational. I have
been invited by the City of Savage to discuss our critical incident in November. The City
is doing acritical incident scenario with their city, and they are using Falcon Heights as a
tool to help them walk through that process.
· October 3rd City Council Workshop has been cancelled.
· Many great things are happening at the City Hall. Amanda just started a few months
ago, Justin will be taking over Paul’s position, and Tim Sandvik the Deputy Clerk will be
leaving Falcon Heights. Tim accepted a position at the City of Vadnais Heights; which is
a bigger city and will he will be the Assistant City Administrator.
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· Council Member Leehy and Council Member Gustafson and I have been working an
event at the TIES building. The event will be held on October 5th 6 pm to 9 pm. We will
send out invitations soon, so mark your calendar. Also, we have been working on
additional items that we can implement or in terms of feedbacks. We were looking at
Survey on the Spot (S.O.S) that was suggested by council Member Leehy. We do not
have the full details yet, but it will be a survey to get free food or items during an event.
The survey will have about 4-5 questions. We are doing this to get more feedback as
much as possible after the Community Survey. The survey can be taken from residents
and guests who are passing our city.
· Planning Commission will be meeting Oct 3 for a public hearing regarding variance
with the fence. Justin Markon will be attending the event and is aware of it.
I. COMMUNITY FORUM:
J. ADJOURNMENT: 7:30 P.M.
_____________________________
Peter Lindstrom, Mayor
Dated this 12th day of September, 2018
__________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Ordinance Amending Section 22-20 Notification; Deadline for Removal
Description
The amendment of the ordinance will allow for quicker response by staff to address
problem properties for nuisance abatement throughout the year. The change will
also reduce staff cost for mailings and notifications.
Budget Impact This will reduce to cost of mailing and allow for quicker notification and abatement
for nuisances.
Attachment(s) · Ordinance 18 –18 Amending City Code Chapter 22 Section 22-20
Notification; Deadline for Removal
Action(s)
Requested
Staff recommends approve of attached ordinance.
Meeting Date September 26, 2018
Agenda Item Public Hearing E1
Attachment Ordinance
Submitted By Sack Thongvanh, City Administrator
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198054v1
ORDINANCE NO. 18-08
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE FALCON HEIGHTS
CITY CODE CONCERNING PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1: Section 22-20 of the Falcon Heights City Code is amended to read:
22-20 NOTIFICATION; DEADLINE FOR REMOVAL.
The owner and the occupant of any property upon which any of the causes of blight or blighting factors set forth in section 22-19 is found to exist shall be notified in writing by the clerk to remove or eliminate such causes of blight or blighting factors from such property by a specified time after service of the notice. The notice may be served personally, or by mailing to the last known address of
the owner and if the premises are occupied, to the premises. Additional time may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
SECTION 2. This ordinance is effective immediately upon its passage and publication.
ADOPTED this 26th day of September 2018 by the City Council of Falcon Heights, Minnesota.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ___ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ___ Against City Administrator
LEEHY
MIAZGA
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Emerald Ash Borer (EAB)
Description
In 2012, the City conducted an aggressive Emerald Ash Borer (EAB) removal and re-planting
program because an EAB case was confirmed within the borders Falcon Heights at the
University of MN Campus.
On May 23, 2012, the City accepted the 2010 to 2014 Community Forest Bonding Grant for the
EAB Removal /Re-planting Program.
In June of 2012, the DNR and City entered into a grant agreement that provided the City with
$95,000 toward its Emerald Ash Borer removal and replacement program. Due to a number
of factors, the City has not fully completed this program; however, the DNR has offered to
amend the original grant agreement by allowing the City until the end of June 2015 to
complete the removal and replacement program. In addition, the DNR was willing to
provide additional grant dollars for a total of $150,000. Upon completion of this agreement,
the city will receive the remaining balance of $13,564.23.
The expiration date for amendment #2 is June 30th, 2015. The proposed Amendment #3 will
allow the City to complete the project and submit reimbursements until December 30, 2015.
In order to complete the program, the city must adopt an EAB Preparedness/Management
Plan and the amend our City Code Article II Planting, Maintenance and Removal Ordinance.
Both the proposed Plan and proposed Ordinance have been approved by the MN DNR.
Budget
Impact
There will be additional budget impact for the monitoring of the tree care program.
Attachment(s) · Ordinance 18-19 Amending City Code Chapter 54 Concerning the Removal of
Trees, Shrubs, and Other Plants
· Resolution 18-25 Adopting the Emerald Ash Borer Preparedness and
Management Plan
· EAB Preparedness/Management Plan
Action(s)
Requested
Staff would recommend adopting the attached ordinance, resolution, EAB
Preparedness and Management Plan.
Meeting Date September 26, 2018
Agenda Item Public Hearing E2
Attachment Ordinance and Supporting Documents
Submitted By Sack Thongvanh, City Administrator
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ORDINANCE NO. 18-09 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING THE REMOVAL OF TREES, SHRUBS AND OTHER PLANTS
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1: Section 54-34 of the Falcon Heights City Code is amended to read:
Sec. 54-34. - Purpose. (a) Purpose. It is the purpose of this article to promote and protect the public
health, safety, and general welfare by providing for the regulation of the
planting, maintenance, and removal of trees, shrubs, and other plants within the City. (b) Plant Protection. It is the intent of the Council to conduct a plant protection
and export program pursuant to the authority granted by Minn. Stat. § 18G.
(c) The provisions of this section are adopted as an effort to control and prevent the
spread of shade tree pests and to maintain a healthy urban forest, in addition to and in accordance with Minn. Stat. §§ 89.001, 89.01 and 89.51-64.
SECTION 2: Section 54-36 of the Falcon Heights City Code is amended to read:
Sec. 54-36. - City Forester. The City Forester shall be under the direction of the City Administrator at all times. The authority and duties of the City Forester are as follows:
(1) The Forester shall have jurisdiction and supervision over all trees, shrubs, and other plants growing within the City. (2) The Forester may order the trimming, treatment or removal of any trees or plants on public or private property that constitute a nuisance or hazard, or
whenever necessary to prevent the spread of disease or harmful insects. (3) The Forester shall act as the City tree inspector and shall coordinate all activities between the state Department of Agriculture and the Council.
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SECTION 3: Section 54-38, paragraph (6)c of the Falcon Heights City Code is amended to read: c. Abatement of disease. The Forester shall order the removal of any infected tree
or wood constituting a nuisance as described in subsection (3) of this section.
Removal and abatement shall be in accordance with the technical opinion of the Forester or the Department of Agriculture. Trees impacted by a shade tree pest shall be removed or effectively treated so as to destroy and prevent as fully possible the spread of the shade tree pest.
SECTION 4: Chapter 54, Article II of the Falcon Heights City Code is amended by adding Section 54-41 to read: Sec. 54-41. – Declared Shade Tree Pests, Control Measures, and Control Areas.
Declaration of a shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community tree, as defined by Minn. Stat. § 89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or
manage the shade tree pest, including necessary timelines for action.
(1) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any species of the genus Quercus existing within the control area defined that has bark attached and
that exceeds three (3) inches in diameter or ten (10) inches in circumference and
contains to any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum. a. Control Measures.
Installation of a root graft barrier. A root graft barrier can be ordered installed to prevent the underground spread of oak wilt disease. The City will mark the location of the root graft barrier. The barrier disrupts transmission of the fungus within the shared vascular systems of root drafted trees. The barrier is created by excavating
or vibratory plowing a line at least forty two (42) inches deep between any oak tree
infected with oak wilt disease and each nearby and apparently healthy oak tree within fifty (50) feet of the infected tree. b. Removal and disposal of trees.
1. On Property zoned for residential and commercial use. On property that is zoned residential and commercial the City may mark for removal of trees that have the potential to produce spores of the fungus
Ceratocystis fagacearum. After, and in no case before, the installation of the
root graft barrier and no later than May 1 of the year following infection, all marked trees must be felled. The stump from such felled trees must no
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extend more than three inches above the ground or, if taller, must be completely debarked. If, however, after the City prescribes the location for a root graft barrier, the
City determines that installation of the barrier is impossible because of the
presence of pavement or obstructions such as a septic system or utility line, the City mar mark for removal all oak trees whether living or dead, infected or not and located between an infected tree and marked barrier location. These marked trees must be felled and disposed of no later than May 1 of
the year following infection. The stump from suche felled trees must not
extend more than three inches above the ground or, if taller, must be completely debarked. 2. On all other property.
On all other property, the City may mark for removal all oak trees whether living or infected or not and located between and infected tree and marked barrier location. These marked trees must be felled and disposed of no later than May 1 of the year following infection. The stump from such felled trees
must not extend more than three inches above the ground or, if taller, must
be completely debarked. All wood more than three (3) inches in diameter or ten (10) inches in circumference from such felled trees must be disposed of by burying,
debarking, chipping or sawing into wane-free lumber, or by splitting into
firewood, stacking the firewood, and immediately covering the woodpile with unbroken four (4)-mill or thicker plastic sheeting that is sealed into the ground until October 1 of the calendar year following the calendar year in which the tree was felled, or by burning before May 1 of the year following
infection. Wood chips from infected trees may be stockpiled or immediately
used in the landscape. c. Control Area. The control area for oak wilt disease is defined as all lands within the boundaries of the City.
(2) Emerald Ash Borer a. Emerald Ash Borer is a shade tree pest and is defined as an insect that attacks and kills ash trees. The adults are small, iridescent green beetles
that lice outside of trees during the summer months. The larvae are grub –
or worm-like and live underneath the bark of ash trees. b. Control Measures that may be taken to abate emerald ash borer are those state statute.
c. Definition of control area. The control area for emerald ash borer is defined as all lands within the boundaries of the City.
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(3) Dutch elm disease a. Dutch elm disease is a shade tree pest and is defined as a disease of elm trees caused by the fungus Ophiostoma ulmi or Ophiostoma nova-ulmi, and
includes any living dead tree, log, firewood, limb branch, stump, or other
portion of a tree from any species of the genus Ulmus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and could contain bark beetles or any spore or reproductive structures of the fungus Ophiostoma
ulmi or Ophiostoma novo-ulmi.
b. Control Measures that may be taken to abate Dutch elm disease are: 1. Use of fungicide. Fungicides may be effective in prevent Dutch elm
disease when injected into living trees that do not already show
symptoms of Dutch elm disease. Fungicide injections on private lands are optional and, if performed, are at the landowner’s expense. Treating with fungicide on public lands requires the approval of the City Administrator or their designee.
2. Removal and disposal of trees. Prompt removal of diseased trees or branches reduces breeding sites for elm bark beetles and eliminates the source of Dutch elm disease fungus. Trees that wilt before July 15 must be moved by April 1 of the following year. Diseased trees
not promptly removed will be removed by the City at the
landowner’s expense. Wood may be retained for use as firewood or saw logs if it is debarked or covered from April 15 to October 15 with four mill plastic. The edges of the cover must be buried and sealed to the ground.
c. Control Area. The control area for oak wilt disease is defined as all lands within the boundaries of the City. SECTION 5. This ordinance is effective immediately upon its passage and publication.
ADOPTED this 26th day of September 2018 by the City Council of Falcon Heights, Minnesota.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ___ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ___ Against City Administrator
LEEHY
MIAZGA
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SUMMARY ORDINANCE NO. 28-05
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 54 OF THE FALCON HEIGHTS CITY CODE CONCERNING THE REMOVAL OF TREES, SHRUBS AND OTHER PLANTS
This ordinance amends Chapter 54 of the Falcon Heights City Code concerning removal of trees, shrubs and other plants. This ordinance regulates the planting, maintenance and removal
of trees shrubs and other plants.
A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours.
APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this 26
day of September 2018. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - -
Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ___ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ___ Against City Administrator
LEEHY
MIAZGA
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City of Falcon Heights
Emerald Ash Borer
Preparedness/Management Plan
Adopted by Resolution, September 26, 2018
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Purpose: The City of Falcon Heights has deemed appropriate to take a proactive approach regarding the
treatment/management of Emerald Ash Borer (EAB). By implementing the provisions in this plan, the city will attempt to avoid the spread of additional disease throughout the City of Falcon Heights and neighboring communities. The City of Falcon Heights has determined there is value to maintaining a healthy tree stock throughout the city. The loss of tree-stock including Ash trees
would have a devastating effect on Falcon Heights and its residents including negative effects on
home values, quality of life and the environment. Introduction: Emerald Ash Borer (EAB) is an introduced pest that is currently killing all species of Ash trees
{Fraxinus sp) the United States and Canada. Since its discovery in Detroit, Michigan in 2002, the insect has spread killing all the ash trees in its path. The City of Falcon Heights should prepare and manage for the arrival of EAB on three fronts - public property (i.e. parks), street or boulevard trees, trees on private property.
As the insect was discovered at the University of Minnesota St. Paul campus (within the boundaries of Falcon Heights, MN) in 2009, it was determined appropriate to inspect Ash trees within the City of Falcon Heights. The current evidence from Michigan and Ohio show that once EAB becomes established - it takes about five to ten years to infest and kill the majority of the
ash trees in a city.
Frequently Aske Questions (FAQ’s): Which trees are at risk from EAB?
Emerald Ash Borer only attack Ash trees. In Minnesota, there are three common varieties of Ash tree – black ash, white ash, and green ash. All three are susceptible to EAB infestation. What are signs of an EAB infestation? Potential signs of EAB damage include die-back of leaves in the upper one-third of the ash tree's
branches, small "shoots" along the lower trunk, and heavy woodpecker activity. More specific EAB-related signs would include D-shaped exit holes in the bark and S-shaped tunnels under the bark.
Who should residents call if they think a tree may be infested with EAB?
Contact City Hall directly at 651.792.7600 and your concern will be directed to appropriate personnel.
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Administration: The City of Falcon Heights determined it was appropriate to remove and replace Ash trees
throughout the city in public spaces including right-of-ways and city parks. Starting in 2010, the City of Falcon Heights received grant funding to better understand the concerns related to EAB. The initial program lasted through the summer of 2011. In 2013, the City was again awarded grant funding from the Minnesota Department of Natural Resources (MN-DNR) to conduct
removal and replacement of over 200 trees within public spaces. The city completed this process
in 2016. Any remaining Ash trees on public property will be monitored by the City Forester and if deemed infested, they will be ordered for removal. During the removal and replacement process, residents were given the option to treat ‘high quality’ Ash trees, these agreements will be monitored by the City Forester or the City Administrator’s designee. ‘Volunteer’ Ash that
may grow on public property will be assessed by the City Forester in an ongoing manner.
Trees that were included and continue to be maintained by the City of Falcon Heights include:
· Park Trees:
- Community Park (2050 Roselawn Ave) - Curtiss Field (1551 Iowa Ave) - University Grove Park (1660 Coffman Ave)
· City Hall (2077 Larpenteur Ave W)
· Trees within the city right-of-way Going forward, the city will not include Ash trees when restocking in any public spaces and further discourage residents to plant Ash trees as the infestation remains a concern in
neighboring communities.
Continued Operations: At the August 22nd, 2018 City Council meeting, the city of Falcon Heights passed an EAB Preparedness/Management Plan by resolution highlighting the importance of EAB
considerations within the city. Further, on August 22nd, 2018 the city updated City Code,
specifically “ARTICLE II. - PLANTING, MAINTENANCE AND REMOVAL” , to reflect the importance of tree care when it comes to infestations of any kind.
· Communication: Trees on private property were not a part of the removal and replacement program. However, as
a part of the same effort (starting in 2010), the city communicated the concerns related to EAB and the process that would be taken to mitigate those concerns on public property. Through public meetings, open-houses, city-wide emails, social media, the city’s website, and mailings via USPS, the entire process was shared with residents of Falcon Heights. The operation of
promoting communication regarding EAB (and other tree related infestations) will remain an
ongoing priority for the City of Falcon Heights.
· Forester: Under direction of the City Administrator and the Public Works Director, the City Forester will continue asses any remaining Ash trees in public spaces as required. While some residents have
elected to treat existing Ash trees within their right-of-way, the forester will continue to assess their health and if appropriate will require removal of any Ash trees deemed too unhealthy to survive. Further, while neither the city nor its Forester has jurisdictional authority over any Ash trees on private party, the Forester will inspect any Ash tree upon request to help promote the overall health of the city’s tree stock.
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 26, 2018
No. 18-25 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
ADOPTING THE EMERALD ASH BORER PREPAREDNESS AND MANAGEMENT PLAN WHEREAS, on September 26, 2018 a public hearing was conducted to amend City Code 54 Concerning to Removal of Trees, Shrubs, and Other Plants; and WHEREAS, City Staff has developed the Emernald Ash Borer Preparedness and Management Plan.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Adopt the Emerald Ash Borer Preparedness and Management Plan. 2. Authorize the City Administrator to execute all necessary documents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ____ Against City Administrator
MELANIE LEEHY
MARK MIAZGA
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2012-2014 MINNESOTA DNR COMMUNITY FOREST BONDING GRANT PROGRAM (CFBG) FINAL REPORT & INVOICE
FOR DNR USE ONLY
Occurrence Date Processed Date FY Vendor Number Amount
4. Summary Statement -- Briefly describe the project as it was implemented and any significant changes to the proposed project. Attach an additional sheet if needed.
5. EAB-infested Ash Tree Removal Activities
• Number of infested* ash trees removed: ________
• Contracted Tree Removal Company (Name, city, state):______________________________________________
• Provide a copy of contractor invoices. File original invoices with your records.
* An EAB-infested ash tree is defined as any ash tree within 1-mile of a known EAB infestation
6. Tree Planting Activities
• Tree Stock Source (Nursery name, city, state): ___________________________________________________________
• Provide a copy of nursery invoices. File original invoices with your records.
7. Community Forest Bonding Grant Required Documents
• Did you develop an Annual Maintenance Plan for the public trees planted? Yes No If yes, please attach.
• Did you develop or update your Community Forestry or Shade Tree Ordinance? Yes No If yes, please attach.
• Did you develop a Community EAB Preparedness Plan or a Community Forest Management Plan that includes EAB
preparedness, annual tree maintenance, and public education components? Yes No If yes, please attach.
Final Report Checklist of Documents Needed:
Final Report & Invoice form signed by authorized community/organization official
Copies of invoices for EAB-infested ash tree removal activities, tree planting activities, or both
DNR Forester Compliance Check form, completed and signed by DNR Cooperative Program Forester
Annual Maintenance Plan for Public Trees Planted
Updated Community Forestry or Shade Tree Ordinance
Community EAB Preparedness Plan or Community Forest Management Plan
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8. Final Budget Details Please refer to the Guidelines for eligible and ineligible expenses. Highlighted areas are ineligible. For each entry, specify type, source and amount. Include a budget narrative if necessary (page limitation = 1 single-spaced page). Final Public EAB-infested Ash Tree Removal Budget
ITEM (specify type and source) In-kind Match Cash Match Bonding Funds Total
Personnel:
Contractual Services:
Equipment Usage (grantee-owned, leased, or rented equipment use).
Education costs (match only)
Other:
Public Ash Tree Removal Sub Totals
Final Public Tree Planting for Diversity Budget ITEM (specify type and source) In-kind Match Cash Match Bonding Funds Total Personnel:
Plant Stock (trees only):
Equipment Usage (grantee-owned, leased, or rented equipment use).
Contractual Services
Education costs (match only)
Other:
Public Tree Planting Sub Totals
TOTALS for both projects, if applicable
I certify this information is valid and factual as described in this report and that all costs are eligible under the DNR
Community Forestry Bonding Grant Guidelines: _______________________________________________ __________________________________ _______________ Signature of authorized community/organization official Title Date
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City of Falcon Heights
Emerald Ash Borer
Preparedness/Management Plan
Adopted by Resolution, August 22nd, 2018
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Purpose: The City of Falcon Heights has deemed appropriate to take a proactive approach regarding the treatment/management of Emerald Ash Borer (EAB). By implementing the provisions in this plan, the city will attempt to avoid the spread of additional disease throughout the City of Falcon Heights and neighboring communities. The City of Falcon Heights has determined there is value
to maintaining a healthy tree stock throughout the city. The loss of tree-stock including Ash trees
would have a devastating effect on Falcon Heights and its residents including negative effects on home values, quality of life and the environment. Introduction: Emerald Ash Borer (EAB) is an introduced pest that is currently killing all species of Ash trees {Fraxinus sp) the United States and Canada. Since its discovery in Detroit, Michigan in 2002, the insect has spread killing all the ash trees in its path. The City of Falcon Heights should prepare and manage for the arrival of EAB on three fronts - public property (i.e. parks), street or
boulevard trees, trees on private property.
As the insect was discovered at the University of Minnesota St. Paul campus (within the boundaries of Falcon Heights, MN) in 2009, it was determined appropriate to inspect Ash trees within the City of Falcon Heights. The current evidence from Michigan and Ohio show that once
EAB becomes established - it takes about five to ten years to infest and kill the majority of the
ash trees in a city. Frequently Aske Questions (FAQ’s): Which trees are at risk from EAB? Emerald Ash Borer only attack Ash trees. In Minnesota, there are three common varieties of Ash tree – black ash, white ash, and green ash. All three are susceptible to EAB infestation. What are signs of an EAB infestation? Potential signs of EAB damage include die-back of leaves in the upper one-third of the ash tree's branches, small "shoots" along the lower trunk, and heavy woodpecker activity. More specific EAB-related signs would include D-shaped exit holes in the bark and S-shaped tunnels under the bark.
Who should residents call if they think a tree may be infested with EAB? Contact City Hall directly at 651.792.7600 and your concern will be directed to appropriate personnel.
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Administration: The City of Falcon Heights determined it was appropriate to remove and replace Ash trees throughout the city in public spaces including right-of-ways and city parks. Starting in 2010, the City of Falcon Heights received grant funding to better understand the concerns related to EAB. The initial program lasted through the summer of 2011. In 2013, the City was again awarded
grant funding from the Minnesota Department of Natural Resources (MN-DNR) to conduct
removal and replacement of over 200 trees within public spaces. The city completed this process in 2016. Any remaining Ash trees on public property will be monitored by the City Forester and if deemed infested, they will be ordered for removal. During the removal and replacement process, residents were given the option to treat ‘high quality’ Ash trees, these agreements will
be monitored by the City Forester or the City Administrator’s designee. ‘Volunteer’ Ash that
may grow on public property will be assessed by the City Forester in an ongoing manner. Trees that were included and continue to be maintained by the City of Falcon Heights include:
• Park Trees:
- Community Park (2050 Roselawn Ave) - Curtiss Field (1551 Iowa Ave) - University Grove Park (1660 Coffman Ave)
• City Hall (2077 Larpenteur Ave W)
• Trees within the city right-of-way Going forward, the city will not include Ash trees when restocking in any public spaces and further discourage residents to plant Ash trees as the infestation remains a concern in
neighboring communities.
Continued Operations: At the August 22nd, 2018 City Council meeting, the city of Falcon Heights passed an EAB Preparedness/Management Plan by resolution highlighting the importance of EAB
considerations within the city. Further, on August 22nd, 2018 the city updated City Code, specifically “ARTICLE II. - PLANTING, MAINTENANCE AND REMOVAL” , to reflect the importance of tree care when it comes to infestations of any kind.
• Communication: Trees on private property were not a part of the removal and replacement program. However, as a part of the same effort (starting in 2010), the city communicated the concerns related to EAB and the process that would be taken to mitigate those concerns on public property. Through public meetings, open-houses, city-wide emails, social media, the city’s website, and mailings via USPS, the entire process was shared with residents of Falcon Heights. The operation of
promoting communication regarding EAB (and other tree related infestations) will remain an ongoing priority for the City of Falcon Heights.
• Forester: Under direction of the City Administrator and the Public Works Director, the City Forester will
continue asses any remaining Ash trees in public spaces as required. While some residents have
elected to treat existing Ash trees within their right-of-way, the forester will continue to assess their health and if appropriate will require removal of any Ash trees deemed too unhealthy to survive. Further, while neither the city nor its Forester has jurisdictional authority over any Ash trees on private party, the Forester will inspect any Ash tree upon request to help promote the
overall health of the city’s tree stock.
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ARTICLE II. - PLANTING, MAINTENANCE AND REMOVAL
• Sec. 54-34. - Purpose.
(a)
Purpose. It is the purpose of this article to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city.
(b)
Dutch elm disease and similar pest programs. It is the intention of the council to conduct a shade tree program pursuant to the authority granted by Minn. Stats. § 18G.16.
(Code 1993, § 8-4.01)
Plant Protection. It is the intent of the council to conduct a plant protection and export program pursuant to the authority granted by Minn. Stats. 18G.
(c) The provisions of this section are adopted as an effort to control and prevent the spread of
shade tree pests and to maintain a healthy urban forest, in addition to and in accordance with
Minn. Stat. §§ 89.001, 89.01 and 89.51-.64.
• Sec. 54-35. - Applicability.
This Code provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places within the city; and to trees, plants and shrubs located on private property that constitute a hazard as described herein.
(Code 1993, § 8-4.02)
• Sec. 54-36. - City forester.
The City Forester shall be under the direction of the City Administrator at all times; the authority and duties of the city forester are as follows:
(1)
The forester shall have jurisdiction and supervision over all trees, shrubs, and other plants growing within the city.
(2)
The forester may order the trimming, treatment or removal of any trees or plants on public or private property that constitute a nuisance or hazard, or whenever necessary to prevent the spread of disease or harmful insects.
(3)
The forester shall act as the city tree inspector and shall coordinate all activities between the state department of agriculture and the council.
(Code 1993, § 8-4.03)
• Sec. 54-37. - Regulations for public property.
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(a)
Planting.
(1)
No trees, shrubs or herbaceous plant materials, including annual or perennial flowers, may be planted in a public right-of-way except by authorized city personnel.
(2)
No tree shall be planted on a public right-of-way, except to replace a tree that has been removed or that has been identified as a new location for a tree by the city forester.
(3)
The forester shall determine the specific location of any tree to be planted on a public right-of-way.
(4)
Any tree to be planted on a public right-of-way must be of cultivated nursery stock, and must be at least 1½ inches in diameter, measured at a point two feet above the ground.
(5)
Any tree to be planted on a public right-of-way must be planted in soil adequate to insure growth, in accordance with standards set by the forester.
(b)
Maintenance of trees.
(1)
Public trees will be trimmed according to a schedule established by the forester and approved by the city council.
(2)
Only persons authorized by the forester may trim boulevard trees.
(3)
The forester may chemically vaccinate boulevard trees against disease whenever
necessary.
(c)
Removal of trees.
(1)
The forester has sole authority to order removal of any tree on a public right-of-way.
(2)
Trees will be removed by city staff or contracted firms.
(d)
Miscellaneous. No person shall:
(1)
Damage, cut, trim, carve, kill or injure any tree or plant on public property;
(2)
Attach any rope, wire or other contrivance to any tree or plant on public property unless authorized by the forester;
(3)
In any way injure or impair the natural beauty or usefulness of any area of public property; nor
(4)
Cause or permit any wire charged with electricity or any harmful gaseous, liquid or solid substances to come into contact with any tree or plant on public property.
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(Code 1993, § 8-4.04; Ord. No. 0-95-03, § 1, 1-25-1995)
• Sec. 54-38. - Regulations for private property.
Persons responsible for growing any trees, shrubs or other plants on private property must comply with the following regulations:
(1)
Planting.
a.
It is unlawful to plant any of the following trees:
1.
Box elder, Acer negundo;
2.
Silver maple, Acer saccharinum;
3.
Female ginkgo, Ginkgo biloba;
4.
Eastern cottonwood, Populus deltoides;
5.
Lombardy poplar, Populus nigra italica; or
6.
Chinese elm, Ulmus pumila.
b.
It is unlawful to plant any tree within five feet of a property lot line abutting a right-of-way of a public street.
(2)
Hazards.
a.
Property owners shall prune trees so they will not obstruct pedestrian sidewalk traffic, nor obstruct the view of any traffic sign, street, alley, or intersection. Overhanging portions of trees must be pruned to maintain a minimum clearance of eight feet over all sidewalks, and 16 feet over all streets.
b.
Property owners shall remove or trim any trees, plants or shrubs determined by city staff to be a public hazard.
c.
Property owners shall treat or remove any diseased or pest-ridden tree or plant determined by the forester to be a hazard to other trees or plants in the city.
(3)
Nuisances declared. The following are considered public nuisances whenever they may be found within the city:
a.
Any tree infected with the Dutch elm disease fungus (Ophostoma ulmi, formerly Ceratocystis ulmi), or which harbors any of the elm bark beetles (scolytus
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multistratus or hylurgopinus rufipes), or any other pest capable of producing an epidemic; and
b.
Any dead elm tree or part, including logs, branches, stumps, firewood or other material that contains elm bark.
(4)
Unlawful—storage, transporting and disposing of elm wood. It is unlawful for any person other than licensed tree services to transport, store or dispose of any bark-bearing elm wood between April 15 and September 1 of each year.
(5)
Inspection and investigation of nuisances.
a.
The forester shall inspect all premises as often as practicable, to determine whether any declared public nuisance exists. The forester shall investigate all reported incidents of infection.
b.
The forester or duly authorized agents may enter private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this section, as provided in chapter 15.05 of Department of Agriculture Regulations.
(6)
Abatement of hazards and nuisances on private property.
a.
Order procedure. If the forester determines that trimming or removal of a tree or plant on private property is necessary to abate a public hazard or nuisance, the city shall
serve a written order upon the responsible property owner or occupant to correct
the condition.
b.
Dutch elm disease. If Dutch elm disease is found in trees or wood on private property, the forester shall notify the responsible property owner, and immediately file a written report with the clerk.
c.
Abatement of disease. The forester shall order the removal of any infected tree or wood constituting a nuisance as described in subsection (3) of this section. Removal and abatement shall be in accordance with the technical opinion of the forester or the commissioner of agriculture. Trees impacted by a shade tree pest shall be removed or effectively treated so as to destroy and prevent as fully possible the spread of the shade tree pest.
d.
Time limit. The order or notification shall set a time limit for compliance, depending on the urgency of the hazard or nuisance.
e.
Authority to abate. If, after notification, the responsible person fails to correct the condition within the time prescribed, the forester, administrator or city clerk may order city staff or a contracted firm to abate the hazardous or nuisance condition.
f.
Cost of abatement. The responsible person shall be billed for the full cost of the abatement plus any additional administrative costs. If the bill is unpaid, the cost
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shall be certified to the county auditor as a special assessment against the property.
(Code 1993, § 8-4.05)
• Sec. 54-39. - Care and maintenance of boulevards and adjacent property.
Owners of property abutting the right-of-way of a public street shall properly maintain the grass on the property and on the public right-of-way to the curbline or traveled portion of the street. Proper maintenance shall include sodding, planting, mowing or weed abatement whenever necessary.
(Code 1993, § 8-4.06)
• Sec. 54-40. - Interference prohibited.
It is unlawful for any person to prevent, delay, or interfere with the forester or duly authorized agents while in the performance of official duties.
(Code 1993, § 8-4.07)
• Sec. 54-41. – Declared Shade Tree Pests, Control Measures, and Control Areas.
Declaration of a shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community tree, as defined by Minn. Stat. 89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action.
(1) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log,
firewood, limb, branch, stump, or other portion of a tree from any species of the genus Quercus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and contains to any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum. a. Control Measures Installation of a root graft barrier. A root graft barrier can be ordered installed to prevent the underground spread of oak wilt disease. The city will mark the location of the root graft barrier. The barrier disrupts transmission of the fungus within the shared vascular systems of root drafted trees. The barrier is created by excavating or vibratory plowing a line at least forty two (42) inches deep between any oak tree infected with oak wilt disease and each nearby and apparently
healthy oak tree within fifty (50) feet of the infected tree.
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b. Removal and disposal of trees.
1. On Property zoned for residential and commercial use.
On property that is zoned residential and commercial the city may mark for removal of trees that have the potential to produce spores of the fungus Ceratocystis fagacearum. After, and in no case before, the installation of the root graft barrier and no later than May 1 of the year following infection, all marked trees must be felled. The stump from such felled trees must no extend more than three inches above the ground or, if taller, must be completely debarked. If, however, after the city prescribes the location for a root graft barrier, the city determines that installation of the barrier is impossible because of the presence of pavement or obstructions such as a septic system or utility line, the city mar mark for removal all oak trees whether living or dead, infected or not and located between an infected tree and marked barrier location. These marked trees must be felled and disposed of no later than May 1 of the year following infection. The stump from suche felled trees must not extend more than three inches above the ground or, if taller, must be completely debarked.
2. On all other property. On all other property, the city may mark for removal all oak trees whether living or dead, infected or not and located between and infected tree and marked barrier location. These marked trees must be felled and disposed of no later than May 1 of the year following infection. The stump from such felled trees must not extend more than three inches above the ground or, if taller, must be completely debarked. All wood more than three (3) inches in diameter or ten (10) inches in circumference from such felled trees must be disposed of by burying, debarking, chipping or sawing into wane-free lumber, or by splitting into firewood, stacking the firewood, and immediately covering the woodpile with unbroken four (4)-mill or thicker plastic sheeting that is sealed into the ground until October 1 of the calendar year following the calendar year in which the tree was felled, or by burning before May
1 of the year following infection. Wood chips from infected trees may be stockpiled or immediately
used in the landscape.
c. Control Area. The control area for oak wilt disease is defined as all lands within the boundaries of the city. (2) Emerald Ash Borer a. Emerald Ash Borer is a shade tree pest and is defined as an insect that attacks and kills ash trees. The adults are small, iridescent green beetles that lice outside of trees during the summer months. The larvae are grub – or worm-like and live underneath the bark of ash trees. b. Control Measures that may be taken to abate emerald ash borer are those state statute. c. Definition of control area. The control area for emerald ash borer is defined as all lands
within the boundaries of the city. (3) Dutch elm disease
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a. Dutch elm disease is a shade tree pest and is defined as a disease of elm trees caused by the fungus Ophiostoma ulmi or Ophiostoma nova-ulmi, and includes any living dead tree, log, firewood, limb branch, stump, or other portion of a tree from any species of the genus Ulmus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and could contain bark beetles or any spore or reproductive structures of the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi.
b. Control Measures that may be taken to abate Dutch elm disease are:
1. Use of fungicide. Fungicides may be effective in prevent Dutch elm disease when injected into living trees that do not already show symptoms of Dutch elm disease. Fungicide injections on private lands are optional and, if performed, are at the landowners expense. Treating with fungicide on public lands requires the approval of the City Administrator or their designee. 2. Removal and disposal of trees. Prompt removal of diseased trees or branches reduces breeding sites for elm bark beetles and eliminates the source of Dutch elm disease fungus. Trees that wilt before July 15 must be moved by April 1 of the following year. Diseased trees not promptly removed will be removed by the city at the landowner’s expense. Wood may be retained for use as firewood or saw logs if it is debarked or convered from April 15 to October 15 with four (4)-mill plastic. The edges of the cover must be buried and sealed to the ground.
c. Control Area. The control area for oak wilt disease is defined as all lands within the
boundaries of the city.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 9/20/18 $74,949.97
Payroll through: 9/15/18 $19,413.06
Budget Impact The general disbursements and payroll are consistent with the budget.
Attachment(s) · General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date September 26, 2018
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Resignation of Tim Sandvik, Deputy Clerk and Recreation Supervisor
Description
Tim was first hired as the part-time Administrative Coordinator and was promoted
to a full-time position as the Deputy Clerk and Recreation Supervisor. It has been
an honor and pleasure having Tim be part of the Falcon Heights family for almost
five years.
Tim has shown dedication to her position and City. Tim has gone above and
beyond the call of duty the last year and half which we will missed greatly. We
wish him the best on her future endeavors and the next chapter in his career with
the City Vadnais Heights as their Assistant City Administrator. It will be a great
opportunity for Tim to gain more experience in city management.
Budget Impact N/A
Attachment(s) · Resolution 18-26 Accepting the Resignation of Deputy Clerk and Recreation
Supervisor
· Resignation Letter
Action(s)
Requested
Staff would recommend approve of attached resolution to accept the resignation of
Tim Sandvik, Deputy Clerk and Recreation Supervisor.
Meeting Date September 26, 2018
Agenda Item Consent F2
Attachment Resolution & Resignation Letter
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 26, 2018
No. 18-26 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION ACCEPTING THE RESIGNATION OF TIM SANDVIK FROM THE CITY OF FALCON HEIGHTS WHEREAS, the City hired Tim Sandvik on August 8, 2014 as the Part-Time Administrative Coordinator and then he was promoted to Deputy Clerk & Recreation Supervisor; and WHEREAS, on September 7th, 2018, Tim Sandvik submitted his letter of resignation with a last day in the office of September 28th, 2018 and a final date of employment on October 7th 2018; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ____ Against City Administrator
MELANIE LEEHY
MARK MIAZGA
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Resignation of Paul Moretto, Community Development Coordinator
Description
Paul was hired as the Community Development Coordinator. It has been an honor
and pleasure having Paul be part of the Falcon Heights family for the last three
years.
Paul has shown dedication to her position and City. Paul has gone above and
beyond the call of duty the last year and half which we will missed greatly. We
wish him the best on her future endeavors and the next chapter in his career with
the City Victoria as their Senior Planner. It will be a great opportunity for Paul to
gain more experience in planning and development.
Budget Impact N/A
Attachment(s) · Resolution 18-27 Accepting the Resignation of Community Development
Coordinator Paul Moretto
· Resignation Letter
Action(s)
Requested
Staff would recommend approve of attached resolution to accept the resignation of
Paul Moretto, Community Development Coordinator.
Meeting Date September 26, 2018
Agenda Item Consent F3
Attachment Resolution & Resignation Letter
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 26, 2018
No. 18-27 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION ACCEPTING THE RESIGNATION OF PAUL MORETTO FROM THE CITY OF FALCON HEIGHTS WHEREAS, the City hired Paul Moretto 9, 2015 as the Community Development Coordinator; and WHEREAS, on July 9, 2018, Paul Moretto submitted his letter of resignation with a last date of employment on July 20, 2018; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota: 1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon Heights.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ____ Against City Administrator
MELANIE LEEHY
MARK MIAZGA
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Extend Recycling Contract with Tennis Sanitation, LLC
Description
As of January 15, 2016, the City and the Contractor executed a three-year City-Wide
residential recycling collection contract. Tennis Sanitation, LLC is calling for Two (2)
Two (2) year extensions of the existing service ending December 31, 2018.
If the City of Falcon Heights and Tennis Sanitation, LLC agree to extend the
Original Contract, it will begin immediately upon the expiration of the Original
time period which ends on December 31, 2018.
The parties desire to amend the Contract to include pricing for 2019, 2020, 2021 &
2022. The cost of the Contract shall increase $0.25 per unit per month from January
1, 2019 to December 31st, 2020 and $0.25 per unit per month from January 1, 2021 to
December 31st, 2022. Per the amendment at the council meeting on December 1st,
2015.
This Extension binds and benefits both parties and any successors. This document,
including the Original Contract, is the entire agreement between the City of Falcon
Heights and Tennis Sanitation, LLC.
Budget Impact We would need to adjust the fee schedule to reflect the change.
Attachment(s) · Contract Extension
Action(s)
Requested
The proposal has been reviewed Jean Buckley, Health Educator for Ramsey County
Environmental Health. Ms. Buckley stated that the terms are a great deal and she
would recommend moving forward.
Staff would recommend the contract extension, authorize the City Administrator to
execute all necessary documents and at the changes to the City Fee Schedule.
Meeting Date September 26, 2018
Agenda Item Consent F4
Attachment Contract Extension
Submitted By Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of Polling Places for the 2019 Elections
Description
Minnesota Statutes 204B.16 requires the governing body of each municipality to
designate the locations of its polling places for the following election year.
Budget Impact N/A
Attachment(s) · Resolution 18-28 Designating Polling Places for the 2019
Action(s)
Requested
Staff recommends approval of attached resolution designating polling places for
the 2019 Elections.
Meeting Date September 26, 2018
Agenda Item Consent F5
Attachment Resolution
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA COUNCIL RESOLUTION September 26, 2018
No. 18-28 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION DESIGNATING POLLING PLACES FOR THE THE 2019 ELECTIONS
WHEREAS, Minnesota Statutes 204B.16, requires the City Council designate polling places for the upcoming year
by resolution; and
WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one
or more of the authorized polling places becomes unavailable for use; and
WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary
to ensure a safe and secure location for voting; and
NOW, THEREFORE, BE IT RESOLVED, that the Falcon heights City Council hereby designates the following polling
places for elections conducted in the city in 2019:
Precinct 1 Falcon Heights City Hall
2077 W. Larpenteur Ave
Falcon Heights, MN 55113
Precinct 2 United Church of Christ
1795 Holton Street
Falcon Heights, MN 55113
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the
requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes
unavailable for use by the City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement
polling place meeting the requirements of the Minnesota Election Law for any polling place designated in this
Resolution when necessary to ensure a safe and secure location for voting;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any
subsequent polling place designations to the Ramsey County Elections Office.
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Adopted by the city council of the City of Falcon Heights this 26th day of September, 2018.
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ____ Against City Administrator
LEEHY
MIAZGA
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Job Description and Title Change from Deputy Clerk/ Recreation Supervisor to
Assistant to the City Administrator
Description
We continue to evaluate the needs of the City as we hire new or replacement staff.
The main goals for the modification is the needs for the City has changed and future
session planning in our finance department. This is not a new position or title. The
Deputy Clerk position was actually an Assistant to the City Administrator four
years ago.
The job description will change to include additional responsibility in Finance and
Special Projects.
Budget Impact This is budgeted for in 2018.
Attachment(s) · Job Description
Action(s)
Requested
Staff recommends a motion for the change job description and title change from
Deputy Clerk/Recreation Supervisor to Assistant to the City Administrator and
change the organization chart to reflect the title change.
Meeting Date September 26, 2018
Agenda Item Consent F6
Attachment Job Description
Submitted By Sack Thongvanh, City Administrator
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City of Falcon Heights
Position Announcement
Assistant to the City Administrator
Updated September 2018 Reports to: City Administrator
Type: Hourly, non-exempt; full time Salary: Starting at $45,000 to $60,000 DOQ Primary objective:
To assist and support the City Administrator, Mayor and Council members. This position assists the City Administrator in carrying out the duties and objectives of the city. This position supervises the Parks and Recreation departments.
Administrative Duties:
· Performs a variety of research and special assignments, often in collaboration with other staff members or departments.
· Answers phone calls to the main City line as well as assists customers at the front counter.
· Works with other staff members to prepare Council agendas and minutes, lead issuing City licenses and permits, and organize and update files and records.
· Works with other staff members on City communication efforts including but not limited to:
social media, website, bi-annual newsletter, weekly e-newsletter, listservs, etc.
· Assists as needed with the contract with Ramsey County for municipal and state elections.
· Maintains notary status.
· Staff Liaison for Commissions as assigned by the City Administrator
· Performs other duties as assigned. Finance Duties
· Assists as needed with the annual budget.
· Assist audit preparation.
· Assist Finance Director in areas of payroll, general ledger, payables, fixed assets,
reconciliations, and other finance duties.
· Capital Improvements, investment of funds, and cash management. Parks and Recreation Duties
· Acts as the Parks and Recreation Supervisor.
· Oversees recreation programs, budgets, facility rentals, community garden, and staffing.
· Evaluates and analyzes programming by recognizing trends and community needs. Develops and
implements new recreation opportunities based on these evaluations. Also recommends
withdrawing recreational programs based on these evaluations.
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· Develops job descriptions and positions, recruits, interviews, selects, trains and supervises
recreation seasonal and contracted staff.
· Works with the Finance Director, City Administrator and Public Works Director in developing the operating budget for recreation programs and the park’s capital improvement plan and meets budgetary expectations.
· Coordinates city-wide events.
· Staff liaison to the Parks Commission including working with the Commission Chairperson on preparation of agendas and meeting minutes.
· Prepares communications for the park and recreation programs and events.
· Performs all other duties as assigned. Communication Duties
· Prepares brochures, press releases, publications, newsletters and special event flyers.
· Updates city website as needed.
· Prepares weekly news, conducts weekly city social media announcements
· Updates the website with pertinent city news. Minimum qualifications:
· A bachelor’s degree.
· Ability to effectively communicate in-person and via email, phone, and written correspondence.
· Ability to work in a small, informal community and action oriented environment with
frequent interaction with other staff members, citizens, business owners, and representatives from other agencies.
· Ability to organize, manage and prioritize a variety of tasks.
· Ability to operate a personal computer, computer programs, phone, copier, fax, etc.
Desirable qualifications:
· Previous experience in customer service and/or local government.
· Knowledge of applicable municipal laws, city policies and ordinances.
· Knowledge of and experience in recreation programs and departments.
· Knowledge of finance and municipal budgeting
· General knowledge of elections.
· A graduate degree or pursuing a graduate degree in a related field. Necessary Physical skills:
· Ability to communicate verbally in person and over the telephone
· Ability to navigate around and through the city office building
· Ability to use a personal computer and office equipment
· Ability to lift 30 pounds
Work Schedule
This is a full-time, non-exempt position with flexible daytime hours between 8:00 a.m. and 4:30 p.m., Monday through Friday. There will be times that the employee may be asked to work on
evenings and/or weekends.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Adopt 2019 Preliminary Levy
Description
Each year, the City must set and certify to Ramsey County a preliminary levy by
September 30th.
Details for the preliminary 2019 General Fund Budget:
1) There are no levy limits imposed by the Legislature for the 2019 Budget.
2) The amount of LGA state aid was increased by an amount of $2,941 by the
Legislature for budget year 2019. LGA will increase from $600591 to $603,532
in 2019.
3) Fiscal Disparity distribution dollars for 2019 increased by $69,339 over the
2017 level.
Impacts to the Overall Property Tax Levy:
2016 2017 2018 2019
Proposed
Change
2018 to
2019
General Fund
Levy
1,014,116 1,152,646 1,487,059 1,747,260 260,201
Debt Service
Levy
127,264 125,585 98,330 233,658 135,328
TOTAL
LEVY
1,173,447 1,278,231 1,585,389 1,980,918 395,529,
Meeting Date September 26, 2018
Agenda Item Policy G1
Attachment Resolution & Supporting Documents
Submitted By Sack Thongvanh, City Administrator
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Impacts on a Median Value Home in Falcon Heights:
2016 2017 2018 2019
Proposed
Change
2018 to
2019
Median Value
Home
247,700 252,600 266,600 281,100 14,500
Taxable Median
Value
232,753 238,094 253,354 269,159 15,805
Tax Capacity 2,328 2,381 2,534, 2,691 157
City Tax Rate 25.840 26.358 31.770 37.279 5.509
City Taxes 601 627 805 1003 198
Net Change 45 26 178 198
The 2019 proposed increase on a median value home is estimated to be $198 per year
or $16.50 per month.
Budget
Impact
Dependent upon adoption of the 2019 General Fund Budget. Budget Hearing
Scheduled for:
Time: 7:00 pm
Date :Wednesday, December 12th, 2018
Location: 2077 Larpenteur West, Falcon Heights, MN 55113, City Council Chambers
Attachment(s) · Resolution 18-29 Certification of the Preliminary Levy for 2019
· Supporting Documents to Certify to Ramsey County
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the attached
resolution. The Preliminary 2019 Tax Levy is $1,980,918. Further, staff recommends
that the Falcon Heights City Council set a budget hearing meeting for December
12th, 2018, at 7:00 pm in the City Council Chambers for the purpose of receiving
public comment on the 2019 General Fund Budget and Levy.
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 26, 2018
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CERTIFICATION OF THE PRELIMINARY TAX LEVY FOR 2019 WHEREAS, the State of Minnesota requires the City adopt a proposed preliminary levy certification for its General Fund; and WHEREAS, the City Council of Falcon Heights is required to adopt its 2019 Preliminary Levy Certification on or before September 30, 2018; and WHEREAS, the City Council of the City of Falcon Heights wishes to comply with State law in
this area. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota
hereby does levy for the preliminary tax levy for the fiscal year commencing January 1, 2018 and the following sums for the respective purposes indicated therein upon taxable property of the City of Falcon Heights, to wit:
PRELIMINARY LEVY
General Fund $1,747,260
Debt Service $233,658
TOTAL LEVY $1,980,918
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Moved by: Approved by: ________________________
Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________
GUSTAFSON Sack Thongvanh
HARRIS ____ Against City Administrator
LEEHY
MIAZGA
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