HomeMy WebLinkAboutCity_Council_Packet_12-09-2020CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 9, 2020 at 7:00 P.M.
NOTE: THIS MEETING WILL ALSO BE HELD BY WEB CONFERENCE*
A.CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MIAZGA ___ WEHYEE___
STAFF PRESENT: THONGVANH____
C.PRESENTATION
D.APPROVAL OF MINUTES:
1.December 2, 2020 City Council Workshop Meeting
2.November 18, 2020 City Council Regular Meeting
E.PUBLIC HEARINGS:
1.2021 Truth in Taxation and Budget Presentation
F.CONSENT AGENDA:
1.General Disbursements through: 12/01/20 $8,830.82
Payroll through: 11/30/20 $17,340.18
2.Approval of City License(s)
3.Appointment of Prosecuting Attorney
4.Appointment of City Attorney
5.Appointment of City Engineer
6.Appointment of City Auditor
7.Designation of Official Newspaper
8.2021 Cost of Living Adjustment (COLA)
9.Statutory Tort Limits Liability Coverage for the City in 2021
10.Adopting Fee for Beekeeping Permits
11.City Fee Schedule
12.Joint Power Agreement – Establishment of The North East Metropolitan Area
Municipal Internetworking Collaborative, to be known as “METRO-INET”
13.Appointment of Dana Dumbacher to the Community Engagement Commission
14.2020 Year End Budget Amendment(s)
15.Northeast Youth and Family Services Cooperative Service Agreement
16.Extension of Professional Service Agreement for Administrative Direction and
Command Services for Fire Service from the City of Roseville
G: POLICY ITEMS:
1.Garden Ordinance
2.Accepting Plans Specifications and Ordering Advertisement for Bids for the 2021
Pavement Management Project
3.Drainage Easement at 1605 Fulham Street
4.No Parking Resolution – Cleveland Ave from Larpenteur Ave to Como Ave
5.Amendment to Chapter 113 Regarding Drive Throughs
H.INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referredfor consideration. Council may ask questions for clarification, but no council action or discussion
will be held on these items.
J.ADJOURNMENT:
*You can participate in the meeting by clicking the following Zoom link:
https://us02web.zoom.us/j/89488033956
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CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
MINUTES
December 2, 2020
6:30 P.M.
NOTE: THIS MEETING WAS HELD BY WEB CONFERENCE
A. CALL TO ORDER: 6:30 pm
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATIONS:
1. Fire Services – Request for Bids
City Administrator Thongvanh
During the September 23 meeting, the Council directed staff to send request for letters of
interest to area departments. We received letters from three agencies: Roseville, St. Paul, and the
Falcon Heights Fire Department. During the November 18 meeting, the Council authorized me
to request bids from the three departments. We received bids from St. Paul and our own
department. Tonight we will hear presentations from both agencies and Council will have a
chance to ask questions.
City of St. Paul Fire Chief Butch Inks
In 2018, the department developed a strategic plan and rewrote our mission statement to reflect
community engagement. Our core values are professionalism, respect, integrity, duty, and
equity. We currently have 15 fire stations three fire stations are within 4 miles of City Hall.
We’ve been providing services to Falcon Heights for medical calls since the 1990s. We have 435
professional firefighters and we believe we are an all hazard response fire department. All
stations are fully staffed all hours and we maintain an average daily staffing of 114 firefighters.
The department prioritizes and invests in the City of St. Paul’s equity initiatives. Our
department resembles the community we serve. The price we place on our services is $165,000,
and it aligns with fire and rescue contract services that we provide for many of the surrounding
communities including the State Fair, U of M, and the City of Lauderdale.
Council Member Leehy
Are your adjunct trainers in the department or are they located outside in the community? Is
this a JPA or a contract?
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Chief Inks
To lead training in our department, our members must obtain certification as instructors. Many
are in our department. It is a JPA.
Council Member Wehyee
Can we expect the price to remain constant over time, or should we anticipate the cost
changing? Second, I would be looking for an opportunity for our current firefighters to find
employment with St. Paul.
Chief Inks
Yes, the cost is what it is today. We are not entering into this contract for profit. We noticed a
need for services. There have been some increases over time but that is not the goal. We
currently have three of your folks on our hiring list. But we also have some pathways programs
for individuals to get into the department.
Council Member Andrews
The people that go through your pathways program, are they already certified through the
community college system? What kind of communication would the Council have with the
department?
Chief Inks
The certification is licensure through the State of Minnesota. For me, the best way to
communicate would be through Sack, and then the information could be shared through him.
Council Member Leehy
As a JPA, do administrators have regular meetings with you for ongoing regular
communication?
Chief Inks
Yes, we are open to having a standing meeting.
Council Member Wehyee
How open would the department be about being present at our community events such as
Night to Unite and block parties?
Chief Inks
I would expect that, you need us to be there, we would want to be there. In addition, we would
want to be engaged with your schools.
Andrew Temme, Falcon Heights Fire Department
I chose to become a fire fighter out of love for my neighbors. Why does Falcon Heights need a
community based fire department? Neighbors helping neighbors. Qualified, credentialed. The
Falcon Heights community has been taking care of each other through the Fire Department
since the community was formed in 1945. Department morale is at an all-time high and we
continue to receive applicants. I would like to thank the City of Roseville for helping us with
leadership. We humbly request the opportunity to continue to serve this community.
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Council Member Wehyee
The pros of the FHFD are that it’s homegrown and community based. How equipped are we at
the moment and in the next year to respond to fires and emergencies that may occur.
Mike Arcand, Falcon Heights Fire Department
We have been asked to push a pretty large stone uphill after the department lost its leadership
about 2 years ago. We continue to bring on additional fire fighters. We have mutual aid
agreements with surrounding agencies so that if there was a large demand, we would have help
from the surrounding communities.
Council Member Andrews
It would appear that the cost to maintain our fire department is about twice that of contracting
with St. Paul. I know you can’t equate passion, loyalty, and community good feeling to dollars
and cents. I also know our residents are concerned about taxes increasing and balancing other
needs in the city. I recognize the hard work of the department, I just don’t know if financially it
makes sense for the future.
Mike Arcand
As you add the capital costs and the costs of keeping up with technology upgrades required by
the NFPA, it is expensive. But the city gets to control those costs. Once we sell the trucks and
equipment, it’s very difficult to get them back. I’m very hesitant to outsource the services and
then not have the choice to go back.
Mayor Gustafson
I would recommend that the Council authorize the City Administrator to modify the final 2021
levy to reflect the final cost of going forward with the St. Paul Fire Department proposal.
Administrator Thongvanh
I am looking for a consensus for the Council on how I should proceed. Based on that, I will
modify the levy to reflect St. Paul’s bid.
Council Member Wehyee
This is a difficult decision, I have fluctuated a lot where I stand on this issue. Whatever is
decided I feel very comfortable with.
Council Member Miazga
I’m comfortable with what is being recommended here, that we use St. Paul’s proposal for our
services and set our levy for next year.
Council Member Andrews
I appreciate the work of our fire department. We don’t have 2 or 3 years to allow our
department to mature. I support us going with the St. Paul proposal.
Council Member Leehy
This is one of the most difficult decisions to make and have consensus with. When we look at
the details we are faced with and the things that have happened with no longer having
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Lauderdale, it seems to have forced us into this decision. I am in consensus with the
recommendation to proceed forward with St. Paul.
Council Member Wehyee
I very reluctantly concur with the recommendation.
Administrator Thongvanh
With those final thoughts, I will move forward with modifying our levy for next year to reflect
the changes.
D. POLICY ITEMS:
1. Extension of Professional Service Agreement for Administrative Direction
and Command Services for Fire Service from the City of Roseville
Administrator Thongvanh
The City of Roseville will provide us a 60 day extension to our contract, and have included an
opt-out option so that we can get out of the contract sooner if we are able to prepare the
necessary materials.
2. Information Technology (IT) Services
Administrator Thongvanh
The City of Roseville and its contract holders have proposed that contract holders shift to a JPA
structure. I am looking for questions from the Council and if there is agreement, will bring this
for formal action next week on the JPA.
Mayor Gustafson
I am in favor on bringing this before the Council next week.
3. Ordinance Amendment Update for Drive-Thru
Administrator Thongvanh
After the public hearing during the Planning Commission meeting, the commission
recommended to not amend the ordinance to allow for drive-thru. The Dino’s situation is
unique in that it was a drive up window, not a traditional drive through.
Council Member Wehyee
Can you or Molly speak to concerns that were raised about traffic?
Administrator Thongvanh
The residents at the hearing were from the surrounding areas and believe there would be an
increase in traffic. If the council decided to move forward with the amendment, we would do a
traffic study. I’m not looking for a consensus now, this is more of an update. We could request
an extension and have further discussions at a workshop in December or January.
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Interim Community Development staff person Molly Just
At this point, what has been proposed is a text amendment to the ordinance to allow drive-thru
for eating establishments in this zoning district. There is currently no talk of a traffic study. The
request was made by Dino’s. At this point in the process, the public hearing has been conducted
on the language as drafted. If you would like for a traffic study to be conducted, then the
appropriate thing to do would be to suggest to staff to return to the Planning Commission and
request that the applicant conduct the study. The Commission would have to review the
language for the ordinance before the Council reviews it.
Mayor Gustafson
Our options are to either except or reject the text amendment as presented. Otherwise, Council
would need to send it back to the Commission for further review and issue the resident an
extension letter.
Council Member Leehy
I am in favor of allowing more time for this.
Council Member Miazga
I am supportive of a 60-90 day extension as long as it allows time to really look at this.
Molly Just
In 2006, Dino’s first came to the Council with the drive through request and at that time the City
put a moratorium on drive-thru in the City. The request was later denied and the code was
revised to not allow drive-thru for eating establishments, only for banks. As the policy makers,
the Council members should consider what has changed since 2006.
Mayor Gustafson
This text amendment is not right for anyone other than the applicant. We want to be welcoming
to businesses, but we also don’t want to create a negative situation for nearby residents.
Council Member Weyhee
While I sympathize with our business community, I do worry about noise and traffic for the
community members that live in that neighborhood.
Administrator Thongvanh
With consensus from the council, then I would direct Molly to prepare a staff report for next
week when the Council could take formal action to reject the amendment.
4. Forestry and Tree Trimming Services
Administrator Thongvanh
We’ve been hearing complaints from residents on responsiveness. I am proposing that we seek
an alternative forestry service.
Mayor Gustafson
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So we just need to give you direction to obtain bids for different tree trimming and forestry
services?
Administrator Thongvanh
Correct.
5. Budget
a. Enterprise Fund
Administrator Thongvanh
The proposal is to increase the enterprise by 3% to keep this fund healthy. This will not have a
levy impact. It will have a fee impact on the water utility bill. Typical homes will see a 25 cent
monthly increase, 75 cents per quarter.
Mayor Gustafson
The enterprise fund is what we use to cover the drainage improvements on Lindig.
Administrator Thongvanh
It also funds the Seminary pond improvements.
b. Capital Fund
Administrator Thongvanh
Currently we have budgeted $84,000. Based on the decision to contract with St. Paul Fire
Department, this fund would be reduced to almost zero. Moving forward, one of my priorities
will be to work with the Council on our budget and finances. There are funds the Council needs
to make decisions on. One of them will be the enterprise fund.
E. INFORMATION/ANNOUNCEMENTS:
Administrator Thongvanh
The next Council meeting will be in-person and there will be a hearing for truth-in-taxation.
Mayor Gustafson
The first community conversation is tomorrow evening.
Council Member Leehy
Human Rights Day is coming up next Thursday, December 10. The monthly meeting for the
Philando Castile garden committee is on Friday.
Council Member Miazga
NYFS meets Thursday morning. I am looking forward to being a facilitator for the Community
Conversations.
Mayor Gustafson
Planning Commission met last Tuesday. There’s a proposal for an ordinance for vacant homes.
This will be an effort by the commission next year.
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F. ADJOURNMENT: 9:20pm
________________________________
Randall C. Gustafson, Mayor
Dated this 2nd day of December, 2020
_________________________________
Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
November 18, 2020 at 7:00 P.M.
NOTE: THIS MEETING WAS HELD BY WEB CONFERENCE
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH__X__
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. October 28, 2020 City Council Regular Meeting
2. November 4, 2020 City Council Workshop Meeting
Council Member Leehy motioned to approve the minutes.
Approved, 5-0.
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 11/13/20 $329,786.47
Payroll through: 11/13/20 $34,932.09
2. City License(s)
3. Appointment of Jill Bartyzal to the Planning Commission
4. Appointment of Kevin Neff to the Falcon Heights Fire Department
5. 18-month Performance Evaluation – Nalisha Nandkumar
6. Request Bids for Fire Services
Council Member Wehyee requested to move item F6 to the Policy items as G1.
Approved, 5-0.
G: POLICY ITEMS:
1. Request Bids for Fire Services
Mayor Gustafson
This is a request of bids for fire services to determine whether or not to seek fire services from other area
fire departments. During the September 23 City Council meeting, the Council directed the Administrator
to solicit bids from three entities including Roseville, St. Paul, and Falcon Heights.
The action requested tonight is for authorization of the City Administrator to request bids from the City
of Roseville and the City of Saint Paul. The Falcon Heights fire department budget has already been
determined.
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Council Member Wehyee
Is there a deadline for our request for bids from the different agencies? I would like to see a separate
opportunity for public input before the Council makes a decision.
City Administrator Thongvanh
I will wait to receive authorization from the Council tonight, and then I’m hoping to receive bids by
Thanksgiving. We would then make a decision before the Truth and Taxation hearing on December 9 to
allow us to modify our budget as needed for 2021. Residents have the opportunity to speak during the
Council workshop if Council decides to allow individuals to speak.
Council Member Leehy
I would support using the Workshop as an opportunity for public input before the December 9 meeting.
City Administrator Thongvanh
Public hearings are required by State Statute for items like ordinance changes, Truth and Taxation, land
use planning. As the department is part of the City, the Council makes a decision on what they deem as
appropriate for the department to function within the City and State Statute does not require a hearing.
Council Member Miazga
Will we receive a proposal from the Falcon Heights Fire Department so that we can compare it to the
other agencies?
Mayor Gustafson
We have set our 2021 budget based on the Fire Department needs.
Council Member Miazga
I would like to see a proposal from the Falcon Heights department that includes other information about
the department. This would allow us to fairly compare them to the other agencies.
City Administrator Thongvanh
It is strange to request a department of the City to submit a proposal on providing services within the
City. In most cases, the City should already know this information.
Council Member Andrews
I agree that it should not be a matter of just the budget, but we need answers to questions around
daytime response, department leadership, etc. in addition to proposals from Roseville and St. Paul. I
think we should look at all of those as part of our workshop on December 2. If people are here tonight
and want to speak, I would be ok with letting them do so.
City Administrator Thongvanh
What I am hearing is that the Council would like to request bids from St. Paul and Roseville, and would
like to request proposals from all three. The proposals would address daytime rescue, leadership,
liability, recruiting, etc.
The $427,000 in the Fire Department budget is based on $50,000 for daytime rescue, about $100,000 is a
fixed cost for debt services. If the Council decides to contract out, that would be an asset we could sell
and generate revenue. The $75,000 is for capital costs of equipment and gear. It’s irresponsible to operate
the City based on the assumption that you will receive a grant.
Motion to authorize request of bids for fire services and discuss the bids on December 2 at the workshop
and make a final decision on December 9 by Council Member Andrews.
Approved, 5-0.
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H. INFORMATION/ANNOUNCEMENTS:
Council Member Wehyee
The Community Engagement Commission met on Monday to talk about Human Rights Day.
Council Member Leehy
The first of three Community Conversation will be on December 3. Watch for more details coming soon
on that.
Council Member Andrews
The Environment Commission will not meet until January unless necessary. They established some
priorities including electric vehicles policy.
Mayor Gustafson
The Planning Commission will meet on Tuesday November 24. Dino’s Gyros has approached the City
about a possible drive-up window at their current location, so the commission will be looking into
possible ordinance changes to allow for this.
City Administrator Thongvanh
We will not have a warming house at Curtiss Field this year due to COVID-19, but the City will install
benches at the rink. We will also create a pleasure rink at the Community Park. We are in the process of
rotating council member liaisons among the City’s commissions, so please let the mayor or me know if
you would like to rotate to another commission next year.
I. COMMUNITY FORUM: Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items.
J. ADJOURNMENT: 8:37 p.m.
________________________________
Randall C. Gustafson, Mayor
Dated this 18th day of November, 2020
_________________________________
Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2021 Truth in Taxation Hearing to Adopt 2021 Tax Levy and Budget
Description
Each year the City Council is required to adopt a budget and tax levy to fund City
operations. This action must be completed before the end of the year, and the
adopted levy is then provided to Ramsey County so they can produce property tax
statements for each parcel in the County. On September 23rd, the City Council
adopted a preliminary levy and established December 9th as the date at which the
public would be given an opportunity to address the Council about the proposed
budget and tax levy.
Before the Council, are a proposed property tax levy of $2,249,275 and a General
Fund Budget of $2,890,221. This is a decrease of estimated $80,000 from the
Preliminary Levy adopted this past fall with a City Levy of 8.9%. The Proposed
Final Levy for 2021 is 5.2%.
The levy and budget with a comparison to previous years is detailed below:
2019 Levy 2020 Levy Proposed 2021
Levy
% Increase
(Decrease)/
2020 to 2021
Ad Valorem $1,747,260 $1,909,536 $2,037,731 6.7%
Debt Service $233,658 $227,988 $211,544 -7.2%
Total $1,980,918 $2,137,524 $2,249,275 5.2%
2019 General
Fund Budget
2020 General
Fund Budget
Proposed 2021
General Fund
Budget
% Increase
2020 to 2021
$2,668,698 $2,857,675 $2,890,221 1.1%
The impact of this proposed levy on a median valued home, which in 2021 is
Meeting Date December 9, 2020
Agenda Item Public Hearing E1
Attachment Resolutions(s)
Submitted By Sack Thongvanh, City Administrator
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assessed at $305,674 (3.7% increase over 2020), is estimated to result in an increase of
$39, in the City portion of the homeowner’s taxes.
A full presentation with more details will be presented at the City Council meeting
and will be available on the City’s website. In addition, attached to this report is the
budget cover letter which goes into more detail about specific budget line items,
factors influencing the proposed budget, and historical information.
Budget Impact This budget preserves the core functions of the City’s current operations.
Attachment(s) • Resolutions 20-50 Approving 2021 Tax Levy
• Resolution 20-51 Approving 2021 City Budget
Due to the size and cost of printing the 2021 Budget, the document is available on the
City’s website and at City Hall.
Action(s)
Requested
Staff recommends that the Falcon Heights City Council hold a public hearing and
receive comment. Once the hearing is closed, staff recommends that the City
Council adopt attached resolutions regarding the 2021 Tax Levy and regarding the
2021 City of Falcon Heights Budget.
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 9, 2020
No. 20-50
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RESOLUTION ADOPTING THE 2021 TAX LEVY FOR THE CITY OF FALCON
HEIGHTS, COUNTY OF RAMSEY, STATE OF MINNESOTA
BE IT RESOLVED by the Mayor and City Council of the City of Falcon Heights, County
of Ramsey, State of Minnesota, that the following sums of money be levied for the taxes
payable 2021, upon the taxable property in the City of Falcon Heights, for the following
purposes:
CERTIFIED LEVY
GENERAL FUND
$2,037,731
DEBT SERVICE
(G.O. Fire Truck Bond, Series 2013B)
$211,544
TOTAL LEVY $2,249,275
BE IT FURTHER RESOLVED that the City Administrator is hereby directed to transmit
a certified copy if this Resolution to the County Auditor and should extend the tax levy
in the amount of $2,249,275 to be collected for the year 2021.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________
Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh
ANDREWS ___ Against City Administrator LEEHY WEHYEE
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 9, 2020
No. 20-51
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RESOLUTION ADOPTING THE 2021 BUDGET
BE IT RESOLVED by the City Council of the City of Falcon Heights that the General Fund Operating
Budget for the year 2021 in the amount of $2,890,221 and other Fund Budgets as listed are adopted.
Fund Name Fund
Number
Amount
($)
Park Program Fund 201 35,640
Charitable Gambling 600
Community Garden 203 4,000
Water Fund 204 17,637
Recycling Fund 206 103,040
Community Development Fund 208 9,100
Street Light Utility 209 39,950
Community Inclusion 210 35,000
GO Improvement Cert. Series 2013A 311 69,109
GO Equipment Cert. Series 2013 B 312 94,856
GO Improvement Street Series
2017A
316 137,525
General Capital Improvements 401 10,300
Public Safety Capital 402 7,800
Parks Recreation/Public Facilities
Capital
403 84,800
TIF District #1-3 414 289,800
Infrastructure Capital 419 5,800
2021 Street Project 426 997,000
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- Moved by: Approved by: ________________________
Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh
ANDREWS ___ Against City Administrator LEEHY WEHYEE
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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: 12/01/20 $8,830.82
Payroll through: 11/30/20 $17,340.18
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 December 9, 2020
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 Approval of City License(s)
Description
The following individuals/entities have applied for a Municipal Business License
for 2021. Staff have received the necessary documents for licensure.
1. DM Massage/Diane Marshman
2. Falcon Heights Gas & Convenience, Inc. (BP)
3. Cox Insurance Associates, Inc.
4. Hair Designs Unlimited
The following individuals/entities have applied for a Home Occupation License
for 2021. Staff have received the necessary documents for licensure.
1. David L. Wasson Graphic Design
2. Cynthia Cyd Wicker- Dance Studio
The following individuals/entities have applied for a Refuse Hauler License for
2021. Staff have received the necessary documents for licensure.
1. Republic Services
2. Gene’s Disposal Service, Inc.
The following individuals/entities have applied for a Therapeutic Massage
License for 2021. Staff have received the necessary documents for licensure.
1. DM Massage/Diane Marshman
The following individuals/entities have applied for a General Contractors License
for 2021. Staff have received the necessary documents for licensure.
The following individuals/entities have applied for a Cigarette License for 2021.
Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience, Inc. (BP)
2. Merwin’s Liquors
The following individuals/entities have applied for a Car Wash License for 2021.
Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience, Inc. (BP)
(continued on following)
Meeting Date December 9, 2020
Agenda Item Consent F2
Attachment N/A
Submitted By Ashleigh Walter
Administrative & Communications
Coordinator
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The following individuals/entities have applied for a Retail Grocery License for
2021. Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience, Inc. (BP)
The following individuals/entities have applied for a Gasoline Operator License
for 2021. Staff have received the necessary documents for licensure.
1. Falcon Heights Gas & Convenience, Inc. (BP)
The following individuals/entities have applied for an Off-sale Liquor License for
2021. Staff have received the necessary documents for licensure.
1. Merwin’s Liquors
The following individuals/entities have applied for an On-sale Wine and 3.2%
Malt Liquor License for 2021. Staff have received the necessary documents for
licensure.
1. New Fresh Wok
2. Dino’s Mediterranean Fresh
The following individuals/entities have applied for a Restaurant License for 2021.
Staff have received the necessary documents for licensure.
1. Dino’s Mediterranean Fresh
2. New Fresh Wok
3. STP JJ Team, LLC (Jimmy John’s)
The following individuals/entities have applied for a Tree Contractors License for
2021. Staff have received the necessary documents for licensure.
1. Twin City Tree Service, Inc.
2. Upper Cut Tree Service
3. Northern Arborists
The following individuals/entities have applied for a Multifamily Rental Dwelling
License for 2021. Staff have received the necessary documents for licensure.
1. Chad Johnson/Lexmar Properties- 1800 & 1818 Larpenteur Ave
2. Legacy Apartments, LLC/Kleinman Realty Co.- 1845 Larpenteur Ave
3. Family Empire Holdings, LLC/Kleinman Realty Co.- 1855 Larpenteur Ave
4. Edwards Family Real Estate II/Kleinman Realty Co.- 1504 Larpenteur Ave
5. Midtown 2500, LLC/Kleinman Realty Co.- 1561 Idaho Ave, 1634 & 1642
Snelling Ave
6. 1717 Fry Co. Ltd/Kleinman Realty Co.- 1687, 1697, 1707, 1717 Fry St
(continued on following)
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The following individuals/entities have applied for a Single Family Rental
Dwelling License for 2020. Staff have received the necessary documents for
licensure.
1. Linda Keye- 1354 Idaho Ave
The following individuals/entities have applied for a Single Family Rental
Dwelling License for 2021. Staff have received the necessary documents for
licensure.
1. Diego Garcia-Huidobro- 1529 Iowa Ave
2. Linda Keye- 1354 Idaho Ave
3. David Wasson- 1432 Idaho Ave
4. Brian Bigelbach- 1491 Larpenteur Ave, #1
1491 Larpenteur Ave, #2
1491 Larpenteur Ave, #3
1503 Larpenteur Ave
1505 Larpenteur Ave
5. Melissa Mattson- 1499 Larpenteur Ave, #1
6. Marc Tullemans/Tupla Properties, LLC- 1705 Albert St & 1707 Albert St
7. Sherif Tawfic- 1707 Fairview Ave & 1715 Lindig St
8. Juming Zhao- 1895 Fairview Ave
9. M125, LLC-Joe Taylor/Tahote Corporation- 1923 Summer St
10. Rich Heinrichs- 1483 Larpenteur Ave, #1
1483 Larpenteur Ave, #2
1483 Larpenteur Ave, #3
N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends approval of the City license applications contingent on
background checks and fire inspections as required.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of Prosecuting Attorney
Description
Each year the City of Falcon Heights designates a prosecuting attorney. This person
works closely with the Ramsey County Sheriff’s Office and City Staff in prosecuting
all misdemeanor and felony level offenses as well as Ordinance Violations. For
several years our prosecuting attorney has been Katrina Joseph. She also serves as
the attorney for the City of Lauderdale.
Budget Impact The monthly retainer will not change and has been included in the 2021 operating
budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve Katrina Joseph and
the law firm of Hughes and Costello as the City’s prosecuting attorneys for 2021.
Meeting Date December 9, 2020
Agenda Item Consent F3
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Attorney
Description
Falcon Heights has used the law firm of Campbell Knutson, P.A. for Civil Attorney
services for many years. Andrea McDowell Poehler is the main contact, but the
City uses various attorneys in the firm for our daily needs.
Budget Impact Funds have been allocated in the 2021 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the law firm of
Campbell Knutson, P.A. for civil legal services for 2021.
Meeting Date December 9, 2020
Agenda Item Consent F4
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Engineer
Description
For several years the City has contracted with the City of Roseville for engineering
services. Staff is seeking to continue this relationship and appoint Roseville’s City
Engineer, Jesse Freihammer, as the City Engineer for 2021.
Budget Impact Funds have been allocated in the 2021 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends the approval of Jesse Freihammer and the City of Roseville
Engineering Department as City of Falcon Heights’ Engineer for 2021.
Meeting Date December 9, 2020
Agenda Item Consent F5
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of City Auditor
Description
Each year the City is required to have an independent firm audit our financial
records. For the past several years, we have used Kern-DeWenter-Viere as our
auditors, and we have been very satisfied with their services.
Budget Impact Funds have been allocated in the 2021 Budget.
Attachment(s)
Action(s)
Requested
Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City Auditor
for 2021.
Meeting Date December 9, 2020
Agenda Item Consent F6
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designation of Official Newspaper
Description
State statute requires that a city designate a legal newspaper of general circulation
in the city. This newspaper is used when the city is required to publish legal
notification regarding public hearings, elections and city financial matters. With the
loss of the Roseville Review in October, the city designated the Pioneer Press as the
official newspaper for 2021.
After working with the Pioneer Press for a year and based on circulation of the
paper in Falcon Heights, staff recommend that the city designate the Pioneer Press
as the legal newspaper for 2021.
Budget Impact Funds have been allocated in the 2021 Budget for any costs associated with public
notices.
Attachment(s) N/A
Action(s)
Requested
Designate the Pioneer Press as the city’s legal newspaper for 2021.
Meeting Date December 9, 2020
Agenda Item Consent F7
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2021 Cost of Living Adjustments (COLA)
Description
As part of the 2021 Budget process, employee salaries are adjusted based on various
factors, one of which is a cost-of-living adjustment (COLA). Incorporated into the
approved 2021 budget is a three (3) percent increase for all full-time employees.
Budget Impact The three percent COLA is incorporated into the approved 2021 Budget.
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve a three percent
cost of living adjustment for all full time city employees for 2021 as reflected in the
approved 2021 Budget.
Meeting Date December 9, 2020
Agenda Item Consent F8
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Statutory Tort Limits Liability Coverage for City in 2021
Description
Effective January 1, 2021, the statutory tort limits for the City of Falcon Heights
under our insurance policy with the League of Minnesota Cities Insurance Trust
will continue to be $1,500,000. An individual claimant would be able to recover
no more than $500,000 on any claim to which the statutory tort limits apply. The
total which all claimants would be able to recover for a single occurrence to which
statutory tort limits apply would be limited to $1,500,000.
The League of Minnesota Cities Insurance Trust is requesting that cities
determine if they wish to waive the statutory tort limits for 2021. Under certain
circumstances the LMCIT, which represents the city in these claims, may
negotiate above the legal liability limit if necessary because some claims like
employment are exempt from the cap. The general council from the LMCIT states
that cities make different choices depending upon their circumstances. However,
they perceived that maintaining the limit was prudent in many cases. The city
has had no claims for settlements for several years. Since 2000, the city council
has voted not to waive the statutory tort limits.
Budget Impact NA
Attachment(s) • Liability Coverage Waiver Form from the League of Minnesota Insurance
Trust (LMCIT)
Action(s)
Requested
Staff recommends that the city council approve a motion not to waive the city’s
statutory tort limits for 2021 and authorize the City Administrator to execute all
necessary documents.
Meeting Date December 9,2020
Agenda Item Consent F9
Attachment Tort Limit Liability Form
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Adopting a Fee for Beekeeping Permits
Description
Based on an analysis of 9 metro area cities that also allow beekeeping and charge
a fee for permits, and the City’s current $50.00 fee for a similar activity for chicken
keeping, staff believe $50.00 is an appropriate amount to charge for a beekeeping
permit. Staff recommends a $50.00 fee for initial permit applications and annual
renewal.
Budget Impact N/A
Attachment(s) • Resolution 20-52 Adopting Fee for Beekeeping Permits
• Fee Schedule
Action(s)
Requested
Staff recommend approving the resolution adopting the fee for beekeeping
permits.
Meeting Date December 9, 2020
Agenda Item Consent F10
Attachment Resolution and Fee Schedule
Submitted By Kristin Moen, Interim Community
Development Coordinator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 9, 2020
No. 20-52 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
A RESOLUTION AMENDING THE 2021 CITY FEE SCHEDULE TO INCLUDE A FEE FOR BEEKEEPING PERMITS WHEREAS, City Staff review the fee schedule to make sure that the fee reflects staff cost and that the fee is competitive; WHEREAS, Section 10-37 of the City Code of Falcon Heights states that “The application fee for such a permit shall be an amount established by the City Council.”; WHEREAS, City Staff recommend adopting a fee for beekeeping permits, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota
approves the fee of $50.00 for first-time beekeeping permits and $50.00 for renewed permits on an annual basis.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ___ Against City Administrator LEEHY
WEHYEE
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2021 Proposed City Fee Schedule
Description
Each year the City Council is required to approve a fee schedule that identifies the
various fees charged by the City. Staff reviews these fees each year to ensure that
the costs charged cover the City’s expenses and so they are competitive with other
cities of comparable size.
The 2021 Fee Schedule includes the following fee additions, which were previously
set by Council but were not included in earlier versions of the fee schedule:
• Home Occupation License- $50
• Retail Grocery License- $50
• Holiday Tree Sales License- $50
• Car Wash License- $50
The 2021 fee schedule also includes the residential solar installation fee, which was
set by Council in March 2018 but was never added to the fee schedule.
• Residential Solar Installation- Flat fee- $200, State Surcharge- $1
The proposed fee for residential beekeeping permits is also included in the 2021 Fee
Schedule, assuming Council moves to approve that agenda item separately.
• Beekeeping Permit (first time and subsequent applications)- $50
Budget Impact These fees will be incorporated in the 2021 budget.
Attachment(s) • 2021 Proposed Fee Schedule
• Resolution 20-53 Adopting the 2021 City Fee Schedule
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the attached
resolution and fee schedule.
Meeting Date December 9, 2020
Agenda Item Consent F11
Attachment Fee Schedule and Resolution
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS Adopted 2021 Fee Schedule A. LICENSES
1. Business Licenses
Item Fee
Bus Benches (Courtesy) $ 50.00 per bench
Gasoline Station Operator License
Fewer than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00 Municipal Business 10,000 sq. ft. or less $ 100.00 10,001 sq. ft. or more $ 200.00 Pool Hall $ 800.00 Precious Metal Dealer Investigation fee/general $ 1,500.00 Investigation fee/MN only $ 500.00 License fee $ 2,000.00 Restaurant Lunchroom $ 50.00 Fewer than 15 hours $ 100.00 15-20 hours $ 400.00
20 hours or more $ 500.00
Therapeutic Massage License
Investigation fee $ 350.00
License fee $ 100.00
Home Occupation License $ 50.00
Retail Grocery License $ 50.00
Holiday Tree Sales License $ 50.00
Car Wash License $ 50.00
2. Liquor Licenses
Item Fee
Bottle Club $ 300.00 Liquor, Off-Sale $ 310.00 Liquor, On-Sale $ 4,000.00 Liquor, Special Event $ 25.00 Liquor, Sunday $ 200.00 Malt Beverage, Off-Sale $ 150.00 Malt Beverage, On-Sale $ 500.00 Malt Beverage, On-Sale (with wine license) $ 1.00 Wine License $ 2,000.00 Temporary Liquor License $ 50.00 Background Checks (per license) $ 500.00
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3. Other Licenses
Item Fee
Amusement machines (per machine) $ 30.00
Cigarette sales $ 250.00
Contractor licenses $ 35.00
Peddlers and solicitors
(For profit) $ 25.00 per individual
(Charitable) Free, but license still required
Pool tables (per table) $ 30.00
Refuse Haulers $ 100.00 Low-Density Rental License $ 50.00/per unit High-Density Multifamily Rental License 5-19 units per building $ 150.00 20-49 units per building $ 200.00 50-99 units per building $ 250.00 100+ units per building $ 300.00 Re-inspection (due to initial failure) $ 50.00
B. PERMITS
1. Building permit fees:
Total Valuation Fee
$1.00 - $500.00 $25.00
$501.00 - $2,000.00 $25.00 for first $500, $3.25/each additional $100, to and
including $2000
$2,001.00 - $25,000 $73.75 for first $2000, $14.75/each additional $1000, to and including $25,000
$25,001.00 - $50,000 $413.00 for first $25,000, $10.75/each additional $1000, to
and including $50,000
$50,001.00 - $100,000.00 $681.75 for first $50,000, $7.50/each additional $1000, to
and including $100,000.00
$100,001.00 - $500,000.00 $1,056.75 for first $100,000, $6.00/each additional $1000, to and including $500,000
$500,001.00 - $1,000,000.00 $3,456.75 for first $500,000, $5.00/each additional $1,000,
to and including $1,000,000
$1,000,001 and up $5,956.75 for first $1,000,000, $4.00/each additional $1,000
Other Inspections and Fees:
1. Inspections outside of normal business hours $47.00 per hour1 (minimum charge
– two hours)
2. Re-inspection fees assessed under provisions of Section 305.8 $47.00 per hour1
3. Inspections for which no fee is specifically indicated $47.00 per hour1 (minimum charge – one-half hour) 4. Additional plan review required by changes, additions or revisions to plans $47.00 per hour1 (minimum charge – one-half hour) 5. For use of outside consultants for plan checking and inspections, or both actual costs2
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1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
2Actual costs include administrative and overhead costs.
*Building Permits are subject to the State Surcharge
2. Relocation of structure or building: $ 150.00 3. Demolition or removal of structure: $ 1.25/1,000 cubic ft.; minimum $ 50.00 4. Residential Solar Installation Flat fee: $200
State Surcharge: $1.00
5. Mechanical permit fees
a. Residential Work
Base Fee $ 30.00 State Surcharge $1.00
Furnace/Boiler (warm air or hot water heating system) $ 60.00 New $ 30.00 Replacement $ 20.00 Unit heaters
Air conditioning and refrigeration $ 40.00 New
$ 25.00 Replacement
Other Items $ 25.00 Gas line/piping
$ 30.00 Duct work
$ 35.00 Wood burning furnace per unit
$ 35.00 Swimming pool heater per unit
$ 25.00 Air exchanger with duct work per unit
$ 25.00 Gas or oil space heater per unit
$ 25.00 Gas direct vent heater per unit
$ 25.00 Gas fireplace log or heater per unit $ 25.00 Gas hot water heater for domestic hot water (only if replacing gas line) b. Commercial Work Gas piping, refrigeration, chilled water, pneumatic control, ventilation, exhaust, hot water, steam, and warm air heating systems. This fee shall be $50 plus 1-1/4 percent (1.25%) of the total valuation of the work. Value of the work must include the cost of installation, alteration, addition, and repairs, including fans, hoods, HVAC units and heat transfer units, and all labor and materials necessary for installation. In addition, it
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shall include all material and equipment supplied by other sources when
those materials are normally supplied by the contractor.
6. Plumbing Permit Fees
$ 30.00 base fee plus $ 7.00 per fixture installed, $ 1.00 state surcharge
7. Right of Way Permit Fees
Item Fee
Registration fee $ 25.00 Hole $ 150.00 Trench $ 150.00 + $40.00 per 100 lineal feet or portion thereof Boring $ 150.00 + $ 40.00 per 100 lineal feet or portion thereof Obstruction $ 50.00 + $ 0.06 per lineal foot Small Cell Wireless Permit fee $ 100.00
Rent on City structure $ 150.00 per year
Maintenance for colocation $ 25.00 per year
Monthly electrical services
Radio node less than 100 watts $ 73.00 per month
Radio node over 100 watts $ 182.00 per month
8. Sewer Connection or Repair $ 50.00
9. Water Connection
Meter Size Fee
3/4" $ 62.00
1" $ 115.00
1-1/2" $ 265.00
2" $ 470.00 3" $ 1,080.00 10. Street Opening Fee $ 25.00 (plus cost of permit) 11. Zoning Permit Item Fee Fence $ 40.00 Temporary Sign $ 30.00 Permanent Sign (each) $ 50.00 Residential driveway $ 40.00 Commercial driveway Subject to Building Permit Fees
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12. Mobile Storage Structure/Dumpster Permit
Location Fee
On private property
14 days $ 10.00
30 days $ 20.00
On public street
72 hours $ 10.00
(Permits may be renewed once in a 90 calendar-day period)
13. Chicken Permit (first time and subsequent applications) $ 50.00
14. Beekeeping Permit (first time and subsequent applications) $50.00
C. PLANNING FEES*
Item Fee Comprehensive Plan Amendment $ 500.00 Conditional Use Permit $ 500.00 Design Review (when required by code) $ 50.00 Lot Split (one lot into two) $ 500.00 Planned Unit Development $ 500.00
Rezoning/Zoning Amendment $ 500.00
Subdivision (>1 new lot) $ 500.00 + $ 100.00/lot created
Variance $ 500.00
*Fee plus actual cost billed by contractors or city consultant fees.
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D. FACILITY RENTAL FEES
Private use of public facilities is permitted on a space available basis. Reservations and damage deposits are required for private use of the following community facilities. Discounted rates are available for weekly
bookings:
Park Facility Rental Amenities & Fees
Rental Fees
Facility Amenities available Half Day 9am-3pm / 4pm-10pm Full Day 9am-10pm
Community Park
Building & Upper Picnic
Area
(2050 Roselawn Ave; corner of
Roselawn and Cleveland)
Park building Full kitchen (stove, oven, refrigerator/freezer, sink, microwave) Tables & chairs Inside bathrooms
2 BBQ grills
9 Outdoor picnic tables
Parking lot (50 vehicle
capacity) plus off-street
parking
Not Available $150 + tax
East Picnic Area
(near playground)
2 Picnic tables
Trash receptacles
Portable toilet
Parking lot (50 vehicle capacity) plus off-street parking
$20 + tax $35 + tax
Lower Picnic Area
(Southwest corner of park)
2 Picnic tables 1 BBQ grill Trash receptacles Portable toilet
Parking lot (50 vehicle
capacity) plus off-street
parking
$20 + tax $35 + tax
Play Kit Rental Includes variety of balls,
Frisbees, and other play equipment $15 + tax
Set up/Tear Down $25
Disclaimers:
• A damage deposit ($200-400, or as determined by the City Administrator) is required for park
facility rentals. The deposit must be made in a separate form from the payment and will be
refunded upon return of facility key and inspection of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9 or MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City Hall. o Regular business hours: Monday –Friday 8:00am-4:30pm o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without
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payment.
• If you plan on bringing any outside equipment (i.e. inflatable devices, dunk tanks etc.) into the
park, you must disclose this to a city employee during the reservation process. The City may require documentation such as a hold harmless agreement or certificate of insurance naming the City has an additional insured.
City Hall Facility Rental Fees
Rental Fees
Capacity 3 hours Half Day 9am-3pm/4pm-10pm Full Day 8am-10pm
Council Chambers
Full room (includes
kitchen facility)
150 75 Seated $115.00 + tax $175.00 + tax $250.00 + tax
Partial Council Chambers (Front or Back Half)
75 30 Seated $50.00 + tax $100.00 + tax $150.00 + tax
Kitchen Facility 10 6 Seated $25.00 + tax $50.00 + tax $50.00 + tax
Conference Room 8 maximum $30.00 + tax $60.00 + tax $100.00 + tax
Set Up Fee
(government entities exempt) $25.00
Disclaimers:
• A $200 refundable damage deposit is required for City Hall rentals. The deposit must be made in
a separate form from the payment and will be refunded upon return of facility key and inspection
of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9 or
MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City
Hall.
o Regular business hours: Monday –Friday 8:00am-4:30pm
o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday
7:30am-noon.
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop
box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without payment.
• City Hall cannot be rented for private social gatherings.
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Field/Court/Rink Rental Fees
Discounted rates are available for Multi-day bookings (see below)
Single Day Use Multi-day Use (weekly fee)
Individual/Group type 3 hour block Additional hours Resident $20 + tax $10/hour + tax -
Non-resident $30 + tax $10/hour + tax -
Youth organizations (must be open to youth aged 2-18 in Falcon Heights) $20 + tax $10/hour + tax
2 days/week: $35 3 days/week: $50 4 days/week: $65 5 days/week: $80 6+ days/week: $100
Adult organizations $30 + tax $10/hour + tax
2 days/week: $40
3 days/week: $55
4 days/week: $70
5 days/week: $85
6+ days/week: $105
Disclaimers:
• Fees apply only for games and practices. Tournaments or special events/services are subject to
additional fees.
• Field/Court/Rink use permits will be issued when payment and application are received.
• All short term rentals (1-5 times) entitle the customer to use of the field as is; anything additional will be the customer’s responsibility (i.e. striping the field or providing bases.)
• Special request of services will be dealt with on a case by case basis and may include extra fees. All requests should be discussed with the Parks and Recreation Department at 651-792-7617.
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E. FACILITY USE BY PUBLIC SERVICE ORGANIZATIONS
1. Public facilities are available for use on a reservation basis.
2. The following shall be allowed use of public facilities but set up/tear down fees apply:
a. Specifically listed local organizations:
• League of Women Voters
• Senior Citizen Groups (Falconeers, Roseville Area Seniors)
• Ramsey County League of Local Governments
• League of Minnesota Cities/Association of Metropolitan Municipalities
• Watershed management organizations
• Scouts, Brownie Troops, 4-H, Campfire
• Neighborhood Groups (e.g. Grove Association, Maple Knoll Courtyard Homeowner’s Association)
• 55 Alive Mature Driving Class
• Cable Commission
• Developers when presenting to neighbors
• Legislators for informational (non-campaign) meetings, except after the filing date and before the November election of a legislative election year unless
requested by a majority of the city council
• Northeast Youth and Family Service
• Lauderdale and Falcon Heights Lions Club
• Roseville Rotary Club
• Party Precinct caucuses, legislated district conventions and county conventions
under the requirements of MN State Statute 202A.192
• AARP Tax Services
• Hobby groups or clubs that meet the following criteria:
o Falcon Heights based (A minimum of 25% of on-going members or
participants are Falcon Heights residents).
o Non-profit
o Open membership
o Founded on a hobby
o Actively reaches out to include people of different ages, especially youth,
to encourage intergenerational exchanges of information
o Encourages a community service and/or benefit component
• Falcon Heights neighborhood or community groups whose activities are open to all and for the sole purpose of developing, fostering and strengthening neighborhood and community well-being. b. Any organization that meets the above guidelines yet uses a facility more than twice a year shall be charged $100 per year.
c. The organization or group cannot be a private, business, political, or religious organization.
d. Any organization denied free use under this policy as defined in this section may
appeal to the city council.
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F. MISCELLANEOUS FEES Item Fee
Agendas (City Council or Commissions) 1 $ 15.00/year
City Council Minutes1 $ 35.00/year
Commission Minutes1 $ 20.00/year
New Resident Handbook $ 10.00 printing fee
Single copies $ 0.25 + tax/page for first 100 pages
Assessment search $ 20.00
Maps $ 6.50
Open burning permit $ 25.00
(no charge for recreational fires) Returned Check Fee $ 25.00 Credit card convenience fee (PayPal) 2 3.1% +$0.30
1 The charges apply only when hard copies are mailed. These documents can be viewed free of charge
on the website or at City Hall. 2 Park program fees are exempt from the credit card convenience fee.
G. FALSE ALARM FEES 1. Fire False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm
$ 175 for second false alarm
$ 300 for third false alarm
$ 400 for fourth false alarm
$ 500 for fifth and subsequent false alarm
2. Security False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm $ 60 for second false alarm $ 100 for third false alarm $ 200 for fourth false alarm $ 300 for fifth false alarm $ 400 for sixth false alarm $ 500 for seventh and subsequent false alarm 3. Penalties and Assessment Penalties for late payment and assessment of unpaid fees are the same as stipulated for unpaid utility fees in the city code. H. VEHICLE EMERGENCY RESPONSE The fee for emergency personnel response to accidents is $350.00/vehicle.
I. PARKING FEES Item Fee
Application fee to designate “residential area” permit parking $ 200.00
Annual residential area parking permits
First two vehicles $ 15.00/vehicle
Third and subsequent vehicles $ 25.00/vehicle
Lost permit replacement $ 5.00
Temporary parking permit (up to 3 weeks) $ 3.00/vehicle
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Temporary parking permit for 5 or more vehicles for
a one-time/one-day event $ 25.00
J. SANITARY SEWER
The sanitary sewer fee for residential units is $35.50 per quarter plus $0.0232579 per cubic foot
of water usage during the months of November – January. For apartment units, the rate will
be $34.75/unit/quarter plus $0.0232579 per cubic foot of water used in November. For
residential units, this will serve as the maximum fee for other quarters throughout the year,
but the actual amount billed may be lower depending on water usage. For commercial units,
the fee is $0.0232579 per cubic foot of water usage during each month.
K. STORM DRAINAGE The fee for storm drainage is $26.00 per quarter for residential units and $240.08 per acre for commercial and apartment units.
L. HYDRANT WATER The fee for hydrant water is 6% surcharge of the water bill.
M. RECYCLING The recycling charge is $10.50 per quarter for residential units. N. STREET LIGHTING The street lighting fee is $6.00 per quarter for residential units and $0.02 per lineal foot
frontage for commercial properties monthly.
O. FEES FOR UNSPECIFIED REQUESTS A private party or public institution (hereinafter applicant) making a request to the
City for approval of a project or for public assistance must cover the City's consultants'
costs associated with reviewing the request. Prior to having the request considered by
the City, the applicant must deposit an escrow fee in an amount that is estimated to
cover the City's consultants' costs as determined by the City Administrator. If the
City's consultants' costs exceed the initial escrow deposited by the applicant, an
additional escrow fee will be required to cover the additional costs. The City shall use
the applicant's fees to cover the City's actual consultants' costs in reviewing the request
regardless of the City's action on the applicant's request. If the applicant's escrow fees
exceed the City's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant.
P. SNOW AND ICE REMOVAL
$100/hour with a minimum of $100
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 9, 2020
No. 20-53 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
A RESOLUTION APPROVING THE 2021 CITY FEE SCHEDULE WHEREAS, City Staff reviews the fee schedule to make sure that the fee reflects staff cost and that the fee is competitive; WHEREAS, the recommended changes are reflected on the attached 2021 Proposed City Fee Schedule labeled as “Exhibit A”. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota
approves the 2021 Fee Schedule as attached as “Exhibit A”.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ___ Against City Administrator LEEHY WEHYEE
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Joint Power Agreement – Establishment of The North East Metropolitan Area
Municipal Internetworking Collaborative, to be known as “METRO-INET”
Description
A working group of six members, along with Metro-INET staff, have been working
with Attorney Jim Strommen of Kennedy and Graven to craft the draft joint powers
agreement which will need to be ratified by each Metro-INET member. A draft
document was sent to all members for their review by each member’s attorney. To-
date, there has been no issues with the proposed agreement from other members
and many members are scheduling consideration by their board or City Council in
December. Given the short time remaining this year, it is expected that the
approvals by all members will not be completed until the first couple of months in
2021.
Once the member approvals are completed, Metro-INET will constitute itself and
begin the process of transition from a City of Roseville enterprise to a joint powers
authority. One of the first actions the Metro-INET Board will need to take is to hire
an Executive Director to assist the Board in the transition. It is expected that it will
take all of 2021 to fully transition Metro-INET, including having the City of
Roseville IT staff become employees of the Metro-INET joint powers authority.
Budget Impact It is expected that a Metro I-Net joint powers entity would raise the cost for every
member due to increased overhead for leasing space and costs for personnel
services (payroll and other HR services). These costs have been factored into the
2021 Metro-INET budget using existing funds and the 2021 cost allocations assigned
to each member.
Attachment(s) • Joint Powers Agreement
• Transit Plan
• Roseville City Manager Memo
Meeting Date December 9, 2020
Agenda Item Consent F12
Attachment JPA Agreement and Supporting
Documents
Submitted By Sack Thongvanh, City Administrator
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Action(s)
Requested
Staff would recommend authorizing the City Administrator and Mayor to execute
all necessary documents.
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JOINT POWERS AGREEMENT
FOR THE ESTABLISHMENT OF
THE NORTH EAST METROPOLITAN AREA MUNICIPAL
INTERNETWORKING COLLABORATIVE, TO BE KNOWN AS
“METRO-INET”
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TABLE OF CONTENTS
Page ARTICLE I GENERAL PURPOSE ........................................................................................ 1 Section 1.1 Purpose ................................................................................................ 1
ARTICLE II DEFINITION OF TERMS ................................................................................ 1 Section 2.1 Definitions ........................................................................................... 1 Section 2.1.1 Metro-INET ......................................................................................... 1 Section 2.1.2 IT Services ........................................................................................... 1
Section 2.1.3 Board ................................................................................................... 1
Section 2.1.4 LGU .................................................................................................... 1 Section 2.1.5 Member ............................................................................................... 1 Section 2.1.6 Associate ............................................................................................. 1 Section 2.1.7 Data ...................................................................................................... 2
ARTICLE III MEMBERSHIP ................................................................................................. 2 Section 3.1 Eligibility ............................................................................................. 2 Section 3.2 Execution of JPA and Payment of Member Charges ........................... 2 Section 3.3 Initial Members .................................................................................... 2
Section 3.4 Transition of Initial Member IT Services Agreements ....................... 2
Section 3.5 Effective Date ..................................................................................... 2 Section 3.6 New Members ..................................................................................... 2 Section 3.7 Conditions of Membership ................................................................. 2 Section 3.8 Appointment of Directors ................................................................... 3
ARTICLE IV BOARD OF DIRECTORS ............................................................................... 3 Section 4.1 Governing Body ................................................................................... 3 Section 4.2 Appointment of Alternate Directors .................................................... 3 Section 4.3 No Proxy Voting ................................................................................. 3
Section 4.4 Notice of Change of Director or Alternate Director ........................... 3
Section 4.5 Compensation of Directors and Alternate Directors ........................... 3 Section 4.6 Number of Votes of Directors ............................................................. 3 Section 4.7 Quorum ............................................................................................... 4 Section 4.8 Motions ............................................................................................... 4
Section 4.9 Suspension of Vote ............................................................................. 4
Section 4.10 Bylaws ................................................................................................. 4 Section 4.11 Remuneration of Director Expenses ................................................... 4 Section 4.12 Removal of Directors .......................................................................... 4 Section 4.13 Director Vacancies .............................................................................. 4
ARTICLE V MEETINGS AND OFFICERS ........................................................................ 4 Section 5.1 Special Meetings .................................................................................. 4 Section 5.2 Regular Meetings ................................................................................. 5
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Section 5.3 Notice of Regular Meetings ................................................................. 5
Section 5.4 Public Meetings ................................................................................... 5
Section 5.5 Officers ............................................................................................... 5 Section 5.6 Chair and Vice Chair .......................................................................... 5 Section 5.7 Secretary ............................................................................................. 5 Section 5.8 Officer Vacancies ................................................................................ 5
ARTICLE VI POWERS AND DUTIES OF THE BOARD.................................................. 6 Section 6.1 Powers and Duties................................................................................ 6 Section 6.2 General Purpose .................................................................................. 6 Section 6.3 Governance ......................................................................................... 6
Section 6.4 Membership Dues ............................................................................... 6
Section 6.5 Service Charges .................................................................................. 6 Section 6.6 Gifts, Loans and Grants ...................................................................... 6 Section 6.7 Annual Audit ....................................................................................... 6 Section 6.8 Annual Budget .................................................................................... 6
Section 6.9 Delegation to Executive Committee ................................................... 7
Section 6.10 Accumulation and Maintenance of Capital ......................................... 7 Section 6.11 Data, Data Processing and Management Information Systems .......... 7 Section 6.12 PERA .................................................................................................. 7 Section 6.13 Necessary and Incidental Powers ........................................................ 7
ARTICLE VII FISCAL AND OPERATIONAL SERVICES; EXECUTIVE DIRECTOR ... 7 Section 7.1 Fiscal and Operations Agent ............................................................... 7 Section 7.2 Executive Director ............................................................................... 7 Section 7.3 Term of Executive Director ................................................................ 8
ARTICLE VIII EXECUTIVE COMMITTEE ........................................................................ 8 Section 8.1 Membership of Executive Committee ................................................. 8 Section 8.2 Bylaws of Executive Committee ........................................................ 8 Section 8.3 Quorum ............................................................................................... 8
Section 8.4 Regular Meetings ................................................................................ 8
Section 8.5 Special Meetings ................................................................................. 8 Section 8.6 Notice of Meetings .............................................................................. 8 Section 8.7 Duties and Responsibilities ................................................................. 8 Section 8.8 Preparation and Modification of Charges ........................................... 9
ARTICLE IX FINANCIAL MATTERS ............................................................................... 9 Section 9.1 Fiscal Year .......................................................................................... 9 Section 9.2 Adoption of Annual Budget ................................................................ 9 Section 9.3 Cost Sharing Charges .......................................................................... 9
Section 9.4 Invoices to Members ........................................................................... 9
Section 9.5 Classification of Cost Sharing Charges ............................................ 10 Section 9.6 Special Financial Assistance from Members .................................... 10 Section 9.7 Expenditures ..................................................................................... 11
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Section 9.8 Contracts ........................................................................................... 11
ARTICLE X WITHDRAWAL ........................................................................................... 11 Section 10.1 Notice of Withdrawal ........................................................................ 11 Section 10.2 Claim to Assets upon Withdrawal .................................................... 11 Section 10.3 Financial Obligations upon Withdrawal ........................................... 11
Section 10.4 Financial Obligations prior to Withdrawal ....................................... 12
ARTICLE XI ASSOCIATES .............................................................................................. 12 Section 11.1 Associates ......................................................................................... 12 Section 11.2 Admission of Associates ................................................................... 12
Section 11.3 Confirmation of Associate Status ..................................................... 12
Section 11.4 Appointment of Director and Alternate Director .............................. 12 Section 11.5 Charges ............................................................................................. 12 Section 11.6 Application to Become a Member .................................................... 12 Section 11.7 Notice of Withdrawal as Associate ................................................... 12
ARTICLE XII DISSOLUTION ............................................................................................ 12 Section 12.1 Dissolution ........................................................................................ 12 Section 12.2 Effectuation of Dissolution ............................................................... 13 Section 12.3 Distribution of Assets and Payment of Outstanding Obligations ...... 13
Section 12.4 Allocation of Deficit ......................................................................... 13
Section 12.5 Distribution of Computer Software .................................................. 13 ARTICLE XIII INDEMNIFICATION ................................................................................. 13 Section 13.1 Cooperative Activity of Single Governmental Unit ......................... 13
Section 13.2 Indemnification ................................................................................. 13
ARTICLE XIV AMENDMENT ........................................................................................... 14 Section 14.1 Amendment of JPA ........................................................................... 14
ARTICLE XV MISCELLANEOUS ..................................................................................... 14
Section 15.1 Data Practices .................................................................................... 14 Section 15.2 Audit ................................................................................................. 14 Section 15.3 Counterparts ...................................................................................... 14 Section 15.4 Headings ........................................................................................... 14
Section 15.5 Severability ....................................................................................... 14
Section 15.6 Applicable Law ................................................................................. 14 ARTICLE XVI DURATION ................................................................................................ 15 Section 16.1 Term .................................................................................................. 15
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JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE NORTH EAST METROPOLITAN AREA MUNICIPAL
INTERNETWORKING COLLABORATIVE The parties to this joint powers agreement (“JPA”) are local governmental units (“LGUs”) of the State of Minnesota authorized to enter into this JPA. This JPA is made and entered into
pursuant to Minnesota Statutes, Section 471.59.
ARTICLE I GENERAL PURPOSE
Section 1.1. Purpose. The general purpose of this JPA is to provide for an organization
that the participating Members may jointly and cooperatively provide for the development and operation of IT Services for the use and benefit of the Members, and others. To the extent permitted by law, the Members will support the establishment of the IT Services and seek to expand the number of participating agencies either as Members or as non-Member LGUs receiving services
from Metro-INET.
ARTICLE II DEFINITION OF TERMS Section 2.1. Definitions. The terms defined in this Article shall have the meanings given
them for the purposes of this JPA. Section 2.1.1. Metro-INET. “Metro-INET” means the “North East Metropolitan Area Municipal Internetworking Collaborative,” the organization created by this JPA.
Section 2.1.2. IT Services. “IT Services” means the development, operation and maintenance of advanced internet networking and data services through ownership or lease of any and all systems, equipment, technology or means and methods necessary to provide competitive, up-to-date IT services to Members and non-Member LGUs.
Section 2.1.3. Board. “Board” means the Board of Directors of Metro-INET, consisting of one Director from each LGU participating as a Member of Metro-INET pursuant to this JPA. Section 2.1.4. LGU. “LGU” means any city, township, independent public safety organization, watershed management organization, watershed district, cable commission or other
political subdivision of the State of Minnesota that is qualified to enter into joint powers agreements as defined in Minnesota Statutes, Section 471.59, and as it may be amended from time to time. Section 2.1.5. Member. “Member” means an LGU that enters into this JPA and is at the
time involved, a Member in good standing. Section 2.1.6. Associate. “Associate” means an LGU that is not a Member but has agreed to affiliate with Metro-INET in accordance with Article XI and other applicable JPA provisions.
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Section 2.1.7. Data. “Data” means all information in digital form that can be transmitted
or processed.
ARTICLE III MEMBERSHIP
Section 3.1. Eligibility. Any Minnesota LGU is eligible to be a Member of Metro-INET.
Section 3.2. Execution of JPA and Payment of Member Charges. An LGU desiring to be a Member shall execute a copy of this JPA and shall pay all Member charges, prorated if appropriate, under Article IX.
Section 3.3. Initial Members. The initial Members of Metro-INET shall be the City of Roseville (“Roseville”) and those LGUs that are parties to a joint powers agreement or an otherwise existing contractual arrangement for IT Services from Roseville, on or prior to December 31, 2020. Upon the execution of this JPA by an initial Member, the clerk or other
corresponding officer shall file with the Roseville City Manager a copy of the executed JPA,
together with a certified copy of the authorizing resolution or other action. The resolution authorizing the execution of this JPA shall also designate the Member’s Director and Alternate Director (“Alternate”).
Section 3.4 Transition of Initial Member IT Services Agreements. Any joint powers
agreement or contract for IT Services between two or more Metro-INET Members that has not been terminated prior to the Effective Date of this JPA shall be terminated by the affected parties at the earliest possible date, without disrupting the delivery of IT Services to the affected parties. After the Effective Date, any term of an earlier agreement for IT Services still in force shall be
interpreted not to conflict with this JPA, which shall supersede the earlier agreement if the earlier
agreement and this JPA cannot be reconciled. The Board shall have authority to take any action it deems reasonable and prudent to facilitate the transition to Metro-INET by any initial Member, including the creation of a committee authorized to assist affected parties in the termination of earlier agreements and to seek Board approval of action necessary to facilitate the transition.
Section 3.5. Effective Date. This JPA shall become effective on January 1, 2021 [[or other date agreed upon by the initial Members]] (“Effective Date”). Within thirty (30) days after the Effective Date, the Roseville City Manager shall call the first meeting of the Board, which shall be held not later than fifteen (15) days after the notice has been delivered to each Director and
Alternate.
Section 3.6. New Members. LGUs that do not qualify for initial membership under Section 3.3 and seek to join Metro-INET shall be admitted by a vote of the Board as it determines at its organizational meeting, or as soon thereafter as the Board may decide and adopt in the
bylaws.
Section 3.7. Conditions of Membership. The Board may impose additional conditions upon the admission of new Members.
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Section 3.8. Appointment of Directors. Directors and Alternates shall be appointed by
the Member governing body to serve until their successors are appointed and qualified. Directors
shall be the chief administrative officer of the Member. ARTICLE IV BOARD OF DIRECTORS Section 4.1. Governing Body. Metro-INET shall be governed by a Board of Directors consisting of a Director and Alternate from each Member. At the organizational meeting and
annually thereafter, the Board shall elect an executive committee that may advise or act for the
Board as the Board may delegate to the executive committee as necessary, upon meetings duly called, as provided in Article VIII. Section 4.2. Appointment of Alternate Directors. Each Member shall appoint one
Alternate to the Director. The Alternate shall be entitled to attend all meetings of the Board and
may vote in the absence of the Director. Section 4.3. No Proxy Voting. There shall be no voting by proxy. All votes must be cast in person at Board meetings by the Director or Alternate, unless the meeting is duly conducted in
accordance with Minnesota Statutes, Sections 13D.02 (interactive TV) or 13D.021 (telephone or
other electronic means allowed if health pandemic or emergency). Section 4.4. Notice of Change of Director or Alternate Director. When the Member changes its designated Director or Alternate the Member shall provide written notice to Metro-
INET with the name, email address and mailing address of the person so appointed.
Section 4.5. Compensation of Directors and Alternate Directors. Directors and Alternates shall serve without compensation from Metro-INET, but it shall not prevent a Member from providing compensation for its Director or Alternate if such compensation is lawfully
authorized by such Member.
Section 4.6. Number of Votes Held by Directors. Unless otherwise expressly provided herein, each Director shall have the number of votes equivalent to the Member’s share of Metro-INET’s annual budget, as established by the Board and calculated as follows: Each Member’s
percentage share of Metro-INET’s annual budget shall be determined by Member use of Metro-
INET IT Services. Said Member share shall be rounded up to the nearest whole number, and that number shall be the Member’s total number of votes in any vote of the Board. Members shall have at least one vote. The number of votes for initial Members, and the total votes of the Directors for the initial Board, shall be as set forth in the attached Exhibit A, and is subject to change annually
with the addition or subtraction of Members. The number of votes for each Director shall be
recalculated annually upon the adoption by the Board of the next fiscal year budget. Upon the addition of a new Member, the Board shall estimate the new Member’s share of Metro-INET’s annual budget for the period prior to adoption of the succeeding year’s budget and assign the proportionate number of votes to the new Member for the remainder of that fiscal year. The number
of votes of existing Members shall not change during the year that new Member or Members join
Metro-INET.
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Section 4.7. Quorum. The presence of at least ten (10) Directors of Members in good
standing at a regular or special meeting shall constitute a quorum of the Board allowing it to
transact business, provided that the ten Directors hold at least a majority of the total Member votes. Section 4.8. Motions. A majority of the Member vote totals represented by those Directors present at a meeting is required to pass all motions, unless a greater majority is provided in this
JPA.
Section 4.9. Suspension of Vote. A Director, or Alternate shall not be eligible to vote during the time the Member they represent has been notified by Metro-INET that it is in default on any required assessment, contract or other contribution to Metro-INET or regarding security
breaches or other acts deemed by the Board to materially impair the quality of IT Services provided
by Metro-INET. During the existence of such default, the vote(s) of such Member shall not be counted for the purposes of a meeting quorum or majority on a Board meeting vote. If a Member remains in default for a period of more than forty-five (45) days after written notice on failure to pay any billing from Metro-INET or notice of other default referenced above, the Board may act
to terminate the Member from Metro-INET by a majority vote of the Board at a regular meeting
or special meeting called for that purpose. Section 4.10. Bylaws. At the Metro-INET organizational meeting the Board shall adopt bylaws governing its procedures, including but not limited to, the time, place and frequency of its
regular meetings or procedures and voting majorities required for certain votes. Such bylaws may
be amended from time to time pursuant to Section 4.8 of this JPA.
Section 4.11. Remuneration of Director or Alternate Expenses. The Board shall have no
obligation to pay remuneration of Director or Alternate expenses, which shall be subject to the policies of
Member appointing them. The Board may, however, in its sole discretion, pay the reasonable and necessary expenses of officers, Directors and Alternates incurred in connection with special duties they undertake on behalf of Metro-INET, but such reimbursement shall not include the expenses
incurred solely for attending meetings of Metro-INET within the seven-county Twin Cities metropolitan area. Section 4.12. Removal of Directors. Any Director or Alternate shall be subject to removal
by the governing body of the Member. Section 4.13. Director Vacancies. A vacancy on the Board shall be promptly filled by the governing body of the Member whose position on the Board is vacant.
ARTICLE V
MEETINGS AND OFFICERS Section 5.1. Special Meetings. Special meetings of the Board may be called: (a) by the chair; (b) by the executive committee; or (c) upon the written request of a majority of the Directors.
Subject to an emergency exception, as defined by statute, at least three (3) days’ written notice of
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special meetings shall be published and given to all Directors and Alternates. Such notice shall
include the agenda for the special meeting and the time, date and location of the meeting.
Section 5.2. Regular Meetings. The specific date, time and location of regular meetings of the Board shall be determined by the Board as provided in the Bylaws. The Board shall be required to meet at least four (4) times a year. Its regular meetings shall be held on the dates and
at times of each January, April, July and October as determined by the Board at the October
meeting and duly published to establish the four regular meetings. Section 5.3. Notice of Regular Meetings. Notice of regular meetings of the Board shall be given to the Directors and Alternates by the secretary at least fifteen (15) days in advance of
the meeting and the agenda for such meetings shall accompany the notice. However, business at
regular meetings of the Board need not be limited to matters set forth in the agenda. Section 5.4. Public Meetings. Meetings of the Board and of the executive committee shall be considered “public” meetings. Notices, agendas, and schedules of such meetings shall be given,
maintained and distributed pursuant to the Open Meeting Law, Minnesota Statutes, Section
13D.01, et seq. Section 5.5. Officers. The officers of the Board shall consist of the chair, vice-chair, secretary and two (2) officers-at-large, who shall be elected by the Directors at the organizational
meeting of the Board. The chair and vice-chair shall be elected to three-year (3) terms,
commencing at the organizational meeting of the Board and every three (3) years thereafter. The secretary shall be elected to a two-year (2) term, commencing at the organizational meeting of the Board, and shall be elected to three-year (3) terms following the completion of the initial term every three (3) years thereafter. The officers-at-large shall be elected to a one-year (1) term,
commencing at the organizational meeting of the Board, and shall be elected to three-year (3)
terms following the completion of the initial term every three (3) years thereafter. The intent of the election of officers is to ultimately establish three-year (3), staggered terms of officers with the chair and vice-chair being elected in the same year. Other than the organizational meeting of the Board, new officers shall take office at the adjournment of the meeting of the Board at which they
are elected.
Section 5.6. Chair and Vice Chair. The chair shall preside at all meetings of the Board and the executive committee. The vice-chair shall act as chair in the absence of the chair.
Section 5.7. Secretary. The secretary shall be responsible for keeping a record of all of the
proceedings of the Board and the executive committee. Section 5.8. Officer Vacancies. A vacancy shall immediately occur in the office of any officer upon his or her resignation, death or upon ceasing to be an employee of the Member. Upon
a vacancy occurring in any office, the Alternate shall serve until the Member appoints a new
Director.
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ARTICLE VI POWERS AND DUTIES OF THE BOARD
Section 6.1. Powers and Duties. The powers and duties of the Board shall include the powers set forth in this Article.
Section 6.2. General Purpose. The Board shall take such action as it deems necessary and
appropriate to accomplish the general purposes of the organization including, but not limited to, the establishment of data processing and information systems, engaging in the development and implementation of the necessary programs therefor, acquiring any necessary site, purchasing any necessary supplies, equipment and machinery, employing any necessary personnel and operating
and maintaining any systems for the handling of data processing and management information for
the Members and for others. Any of the foregoing activities, or any other activities authorized by the JPA, may be accomplished by entering into contracts, leases or other agreements with others, whenever the Board shall deem this to be advisable.
Section 6.3. Governance. The Board shall have full supervisory control and management
of the affairs of Metro-INET including the power to make contracts as it deems necessary to make effective any power to be exercised by Metro-INET pursuant to this JPA; to provide for the prosecution and defense or other participation in actions or proceedings at law in which it may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers
on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems
necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as the Board deems necessary; and to contract for space, materials, supplies and personnel with a Member or Members or with others.
Section 6.4. Membership Dues. The Board may establish and collect membership dues.
Section 6.5. Service Charges. The Board may establish and collect charges for its services to Members and to others.
Section 6.6. Gifts, Loans and Grants. The Board may accept gifts, apply for and use
grants or loans of money or other property from the state, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.
Section 6.7. Annual Audit. The Board shall cause an annual independent audit of the books to be made and shall make an annual financial accounting and report in writing to the Members. Its books and records shall be available for and open to examination by its Members at all reasonable times.
Section 6.8. Annual Budget. The Board shall establish the annual budget for the organization as provided in this JPA.
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Section 6.9. Delegation to Executive Committee. The Board may delegate authority to
the executive committee of the Board, between Board meetings. Such delegation of authority shall
be by resolution of the Board and may be conditioned in such manner as the Board may determine. Section 6.10. Accumulation and Maintenance of Capital. The Board may accumulate and maintain reasonable working capital reserves and may invest and reinvest funds not currently
needed for the purposes of the organization. Such investment and reinvestment shall be in
accordance with and subject to the laws applicable to the investment of city funds. Section 6.11. Data, Data Processing and Management Information Systems. The Board shall make Metro-INET data processing and management information systems available to
its Members, subject to reasonable charges for the development and processing thereof. Metro-
INET shall not own Member Data, which shall be returned to the Member upon its withdrawal made pursuant to this JPA or upon dissolution. Section 6.12. PERA. The Board may provide for any of its employees to be members of
the Public Employees Retirement Association and may make any required employer contributions
to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 6.13. Necessary and Incidental Powers. The Board may exercise any other power
necessary and incidental to the implementation of its aforementioned powers and duties.
ARTICLE VII FISCAL AND OPERATIONAL SERVICES; EXECUTIVE DIRECTOR
Section 7.1. Fiscal and Operations Agent. The Board shall designate a Member to serve
as the fiscal and operations agent of Metro-INET (“Fiscal Agent”). The Fiscal Agent shall provide services as set forth in the JPA and on additional matters as may be determined by the Board through authorization for services by contract with Metro-INET. The Fiscal Agent shall be responsible for management of all of Metro-INET’s funds, for the keeping and storing of Metro-
INET’s financial records, recommending to the Board and maintaining adequate insurance
coverage of Metro-INET consistent with municipal liability limitations under Minnesota law, and to provide for the annual financial audit and accounting of all Metro-INET related activities. The Fiscal Agent shall be responsible for collecting and preserving all Metro-INET records and data pursuant to the requirements of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13. The Fiscal Agent shall post a fidelity bond or other insurance against loss of
organization funds in an amount approved by the Board, at the expense of Metro-INET. Section 7.2. Executive Director. The Board shall hire an executive director to be responsible for the management of the day-to-day operations of Metro-INET, executing the policy
directives of the Board, including, the power to implement contracts authorized by the Board, the
prosecution and defense or other participation in actions or proceedings in law; to employ personnel or retain as consultants such persons as he or she may deem necessary to carry out Metro-INET functions; to conduct such research and investigation as necessary on any matter related to or affecting the general purposes of Metro-INET; to manage real and personal property
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acquired by Metro-INET; and to investigate, advise the Board regarding contracts for space,
materials, supplies and personnel either with a Member or Members or with third parties and
coordinating with Members for the implementation of internet connection, system maintenance and data processing. The executive director shall prepare a report to the Board regarding the operations of Metro-INET for each quarterly and annual meeting of the Board.
Section 7.3. Term of Executive Director. The executive director shall serve for an
indefinite period as defined by the contract, which may be terminated and the director removed by a vote of a two-thirds majority of the total votes of the Board. ARTICLE VIII EXECUTIVE COMMITTEE
Section 8.1. Membership of Executive Committee. The Board shall establish an executive committee consisting of five (5) voting members. Its members shall consist of the five (5) officers of the Board as defined in Article V, Section 5.5. The Fiscal Agent and Executive
Director shall serve as ex officio members of the executive committee in an advisory and non-
voting capacity. Section 8.2. Bylaws of Executive Committee. The executive committee may adopt bylaws governing its own procedures, which shall be subject to this JPA, the bylaws of the Board,
and any resolutions or other directives of the Board.
Section 8.3. Quorum. Three (3) members of the executive committee shall constitute a quorum and a majority of the executive committee members present at a meeting where a quorum exists may act, notwithstanding the number of votes held by each member in accordance with Article IV, Section 4.6.
Section 8.4. Regular Meetings. The specific date, time and location of regular meetings of the executive committee shall be determined by the executive committee. The executive committee shall meet at least four (4) times a year. Notice of regular meetings of the executive committee shall be given to the members of the executive committee and the executive director at least seven (7) days in advance and the agenda for such meetings shall accompany the notice.
Section 8.5. Special Meetings. Special meetings of the executive committee may be called
by the chair or upon the call of any two other members of the executive committee. The date, time and location of the special meeting shall be fixed by the person or persons calling it. At least three (3) days advance written notice of such special meeting shall be given to all members of the executive committee by the person or persons calling the meeting.
Section 8.6. Notice of Meetings. Pursuant to the Open Meeting Law, all meetings of the executive committee shall be noticed and published at least three (3) days prior to the meeting. Section 8.7. Duties and Responsibilities. The executive committee shall have the
following duties and responsibilities: (a) to exercise the powers and perform the duties delegated
to it by the Board and subject to such conditions and limitations as may be imposed by the Board; (b) to cause to be prepared a proposed annual budget each year which shall be submitted to the
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Board at least thirty (30) days before the annual meeting for the Board’s review and ratification;
and (c) to present a full report of its activities at each regular meeting of the Board.
Section 8.8. Preparation and Modification of Charges. The executive committee shall have the responsibility to prepare and modify charges for the use of the programs and facilities of Metro-INET, both as to Members and non-members, subject to Board approval.
ARTICLE IX FINANCIAL MATTERS Section 9.1. Fiscal Year. The fiscal year of Metro-INET shall be the calendar year.
Section 9.2. Adoption of Annual Budget. The annual budget of Metro-INET must be adopted in the following manner: (a) prior to May 1 the Board will supply each member with a proposed preliminary
budget for the coming fiscal year;
(b) prior to the meeting of the Board in July the Board will supply each Member with a proposed budget adjusted for withdrawal notifications received pursuant to Article XI;
(c) the annual budget for the coming fiscal year shall be adopted at the July Board meeting. Promptly after adoption of the budget, the Board must mail copies of the budget to the
chief administrative officer of each Member. Upon adoption of the budget each Member is
obligated to Metro-INET for the budgeted revenues and cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with this Article.
Section 9.3. Cost Sharing Charges. The Board shall have authority to fix cost sharing charges for all Members in an amount sufficient to provide the funds required by the budgets of the organization. The Board shall notify the chief administrative officer of each Member of the amounts of such charges, on or before May 1 of each year. The Board shall prepare, and may
amend, a document setting forth the cost sharing charges and policies for Members and rates for
services provided to non-members. Such document(s) and policies shall be made available to Members for review and comment upon request. Section 9.4. Invoices to Members. Invoices for all charges shall be sent to the Members
by the Fiscal Agent and shall be due when rendered. Any Member whose charges have not been
paid within forty-five (45) days after the date of the invoice may be declared in default by the Board or executive committee and shall not be entitled to further voting privileges nor to have its Director hold any office nor to use any Metro-INET facilities or programs until such time as the default is cured and Metro-INET has been paid in full. Additionally, in the event that such charges
have not been paid within forty-five (45) days of the date of the invoice, and such default remains uncured after a reasonable time following notice to cure, the membership of such Member may be
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terminated by a majority vote of the Board. In the event of a dispute between the Member and the
Board as to the amount which is due and payable, the Member shall nevertheless make such
payment in order to preserve its status as a Member, but such payment may be made under protest and without prejudice with respect to the Member’s right to dispute the amount of the charge and to pursue any legal remedies available to it.
Section 9.5. Classification of Cost Sharing Charges. The charges to the Members of
Metro-INET shall be divided, for cost sharing purposes, into three different classes, as further described in Exhibit A to this JPA and incorporated herein:
(a) Core Services (“Class 1 Charges”). Class 1 Charges shall cover all of Metro-INET’s general administrative and operational expenses for core services in having
a member participate as a domain member of Metro-INET. Core services are generally defined as services provided by Metro-INET that provides IT support to the Member and its employees to conduct the Member’s business. These core services may change over time upon Board approval based on different needs of Members. Changes in the delivery of Class 1 Charges shall be paid by each Member
as fixed monthly, quarterly or annual membership dues, as determined by the Board. The amount of Class 1 Charges required to be paid by each Member shall be determined annually by the executive committee, upon approval by the Board. Class 1 Charges shall be prorated to new Members and not retroactively applied to them.
(b) Supplemental Services (“Class 2 Charges”). Class 2 Charges shall cover the costs of design and development of computer programs and systems and other capital costs for services requested by the Member. Supplemental services are generally defined as services provided by Metro-INET at the request of the Member to meet its specific needs. These supplemental services may change over time upon Board
approval based on different needs of Members and changes in the delivery of such services. Class 2 Charges shall be paid by each Member as fixed monthly, quarterly or annual membership dues, as determined by the Board. The amount of Class 2 Charges required to be paid by each Member shall be determined annually by the executive committee, upon approval by the Board. Class 2 Charges shall not be
retroactively applied to new Members.
(c) Necessary Additional Charges (“Class 3 Charges”). Class 3 Charges shall cover the costs of system operation and maintenance in serving non-members, on an “as requested” basis as determined by the Board when it deems such charges necessary. The amount of such charges that are applicable to each non-member shall be
determined by the Board. The amount of the charges shall cover all costs incurred
by Metro-INET in providing these services to the non-member. The Board shall have authority to negotiate and enter into contracts with non-members receiving Class 3 Charges.
Section 9.6. Special Financial Assistance from Members. It is anticipated that certain
Members may be in a position to extend special financial assistance to Metro-INET in the form of grants, or other in-kind payments including use of facilities or other infrastructure deemed beneficial to Metro-INET. The Board shall credit any such in-kind payment against any charges
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which the granting Member would otherwise have to pay. The Board may also enter into an
agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards
charges which have been made or in the future may be made against one or more specified Members. Section 9.7. Expenditures. Board funds may be expended by the Board in accordance
with procedures established by law for the expenditure of funds by cities. Orders, checks, drafts
and other legal instruments shall be signed by the chair or vice-chair and countersigned by the secretary or such other person as shall be designated by the Board. Section 9.8. Contracts. Contracts shall be let and purchases shall be made in accordance
with the legal requirements applicable to contracts and purchases by Minnesota cities.
ARTICLE X WITHDRAWAL Section 10.1. Notice of Withdrawal. Any Member may at any time prior to June 1 of a
given year, give written notice of withdrawal from Metro-INET. Written notice of withdrawal submitted prior to June 1 shall be a timely withdrawal and the Member shall not be responsible for its share of the next year’s budget not already made the obligation of the Member by a prior, multi-year budget commitment approved by the Board. The withdrawing Member’s financial obligation
prior to withdrawal upon timely notice will be based on the Class 1, 2 and 3 Charges outstanding
for the remainder of the calendar year and additional years for which the Board committed Metro-INET to such financial obligation while the Member was with Metro-INET as a Member. In such case the Member shall be responsible for the net present value of its a pro rata share of such commitment. Written notice of withdrawal after June 1, shall be untimely for purposes of
withdrawal prior to the next calendar year but shall serve as notice for withdrawal effective the
year following. A Member’s nonpayment of charges as set forth herein or its failure to comply with Metro-INET operational security requirements or other policy prescribed by the Board, without cure after written notice and a reasonable time to cure, shall constitute the Member’s notice of withdrawal from Metro-INET as determined by the Board pursuant to Section 4.8 at a regular
or special meeting. All Member withdrawals shall take effect at the end of the applicable fiscal
year, unless otherwise provided by the Board. Section 10.2. Claim to Assets upon Withdrawal. A Member’s withdrawal from Metro-INET at a time when such withdrawal does not result in dissolution of the organization shall forfeit
the Member’s claim to any assets of the organization except that it shall have access to any
software developed for its use while it was a Member in accordance with and subject to the provisions of Article XIII, Section 13.5(b). Section 10.3. Financial Obligations upon Withdrawal. Upon withdrawal the Member
shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 Charges; (2)
for its share of Class 1 Charges to the effective date of withdrawal; (3) for its share of any Class 3 Charges to the effective date of withdrawal; and (4) for any contractual obligations it has separately incurred with Metro-INET.
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Section 10.4. Financial Obligations prior to Withdrawal. A Member who has not given
notice of withdrawal on or before June 1 of a given year is obligated for the budgeted revenues
and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX. ARTICLE XI ASSOCIATES
Section 11.1. Associates. It is understood that certain LGUs may desire to enter into a contractual arrangement with Metro-INET for limited IT Services. Such LGUs may affiliate with Metro-INET as “Associates.”
Section 11.2. Admission of Associates. An LGU desiring to become an Associate may do so in the same manner as is applicable to becoming a Member, except as otherwise provided in this Article.
Section 11.3. Confirmation of Associate Status. At the time of joining Metro-INET as
an Associate, the LGU shall indicate in writing that it is not joining as a Member but as an Associate. Section 11.4. Appointment of Director and Alternate Director. An Associate may
appoint a Director and an Alternate Director to the Board but such Director (or Alternate) shall be
without voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes. Section 11.5. Charges. The Board shall establish the charges to be paid by Associates and
for that purpose it may classify Associates in accordance with their varying circumstances.
Section 11.6. Application to Become a Member. An Associate may apply for membership status and become a Member upon the requisite vote as required in Article III, Section 3.5.
Section 11.7. Notice of Withdrawal as Associate. An Associate may discontinue its association with Metro-INET at any time by giving written notice of withdrawal to the secretary. Withdrawal shall not relieve such withdrawing Associate from its obligation to pay any charges which the Associate has incurred up to the time of withdrawal.
ARTICLE XII DISSOLUTION Section 12.1. Dissolution. Metro-INET shall be dissolved whenever: (1) the total number
of remaining Members is less than five; or (2) by two-thirds of the votes represented by all
Members of the Board.
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Section 12.2. Effectuation of Dissolution. In the event of dissolution, the Board shall
determine the measures necessary to effectuate the dissolution and shall provide for the taking of
such measures as promptly as circumstances permit and subject to the provisions of this JPA. Section 12.3. Distribution of Assets and Payment of Outstanding Obligations. Upon dissolution, the remaining assets of Metro-INET and payment of all of its outstanding obligations,
the remaining assets of Metro-INET shall be distributed among the then existing Members in
proportion to their contributions, as determined by the Board. Section 12.4. Allocation of Deficit. If, upon dissolution, there is an organizational deficit, such deficit shall be charged to and paid by the Members on a pro rata basis, based upon the Class
1 and 2 Charges incurred by such Members during the two years preceding the event which gave
rise to the dissolution. Section 12.5. Distribution of Computer Software. In the event of dissolution the following provisions shall govern the distribution of computer software owned by or licensed to
Metro-INET:
(a) All such software shall be an asset of Metro-INET. (b) A Member or former Member may use (but may not authorize reuse by others) any
software developed during its membership upon (1) paying any unpaid sums due
Metro-INET; (2) paying the costs of taking such software; and (3) complying with reasonable rules and regulations of the Board relating to the taking and use of such software. Such rules and regulations may include a reasonable time within which such software must be taken by any Member or former Member desiring to do so.
ARTICLE XIII INDEMNIFICATION Section 13.1. Cooperative Activity of Single Governmental Unit. Metro-INET shall be
considered a separate and distinct public entity to which the Members have transferred all
responsibility and control for actions taken pursuant to this JPA. To the fullest extent permitted by law, actions by the Members pursuant to this JPA are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Members that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59,
subdivision 1a (a); provided further that for purposes of that statute, each Member expressly
declines responsibility for the acts or omissions of the other party. The Members are not liable for the acts or omissions of the other Members except to the extent to which they have agreed in writing to be responsible.
Section 13.2. Indemnification. Metro-INET shall defend, indemnify and hold harmless
the Members against all claims, losses, liabilities, suits, judgments, costs and expenses arising out of action or inaction of the Board, its Directors or Alternates, the Fiscal Agent, the executive director and other employees or agents of Metro-INET pursuant to this JPA. Metro-INET shall defend and indemnify the employees of any Member acting pursuant to the JPA except for any act or omission for which the Member’s employee is guilty of malfeasance, willful neglect of duty or
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bad faith. A Member shall defend, indemnity and hold harmless Metro-INET against all claims,
losses, liabilities, suits, judgments, costs, and expenses arising out of action or inaction of the
Member regarding the Member’s Data. This JPA to defend and indemnify does not constitute a waiver by Metro-INET or any Member of the limitations on liability provided by Minnesota Statutes, Chapter 466.
ARTICLE XIV AMENDMENT
Section 14.1. Amendment of JPA. This JPA sets forth all understandings of the Members. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this JPA, are merged into and superseded by this written JPA. No modification
or amendment to the JPA shall be binding unless all Members agree in writing to the proposed change or amendment.
ARTICLE XV MISCELLANEOUS Section 15.1. Data Practices. The Members agree to comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, collected, received, stored, used, maintained or disseminated by Metro-INET. If a Member receives a request to release the data referred to in this section, it must immediately notify the executive director. The executive director will give the Member who has received the data request
instructions concerning the release of the data to the requester before the data is released.
Section 15.2. Audit. The books, records and documents relevant to this JPA are subject to audit by the Members and the State of Minnesota at reasonable times upon written notice.
Section 15.3. Counterparts. This JPA may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same instrument.
Section 15.4. Headings. The subject headings of the sections and subsections of the JPA are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions.
Section 15.5. Severability. In case any one or more of the provisions of this JPA shall be
invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the
remaining provisions contained in this JPA will not in any way be affected or impaired thereby.
Section 15.6. Applicable Law. This JPA shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this JPA shall be heard in Minnesota state district or courts with the venue being in Ramsey County,
and the Members waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.
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ARTICLE XVI DURATION
Section 16.1. Term. This JPA shall continue in effect indefinitely until terminated in accordance with its terms.
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IN WITNESS WHEREOF, the undersigned local governmental unit has caused this JPA
to be signed and delivered on its behalf.
(Name of LGU) By:
Its:
By:
Its:
Dated: , 20___.
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City Manager’s Office
Memo
To: Metro-INET Members
cc: Pete Bauer & Jason Swalley, Metro-INET
From: Patrick Trudgeon, Roseville City Manager
Date: December 1, 2020
Re: Metro-INET Joint Powers Agreement
Metro-INET originally started as a collaboration between Roseville and Mounds View to
share IT resources in 1999. Since that time, Metro-INET has grown to 35 member organizations receiving full IT services and 9 associate members receiving limited IT services.
Not only has the number of Metro-INET members grown, each member agency’s needs have
grown exponentially. Some examples in recent years include the deployment of laser fiche,
remote computer access, electronic door access, wireless access points, as well as body cam support for law enforcement.
Currently, Metro-INET is under organizational control of the Roseville City Manager and
Roseville City Council. All Metro-INET employees are actually Roseville employees and fall
under Roseville personnel policy, its liability coverage, and compensation structure. The Roseville City Manager makes employment decisions for Metro-INET including the hiring and termination of employees. The City of Roseville includes the $3.5 million Metro-INET budget as part of its city budget.
While this arrangement has worked for many years, the following issues is making it harder to keep Metro-INET sustainable into the future:
•Roseville City Council concern about the amount of Metro-INET staff and the
added liability and carrying costs for that amount of employees
•Roseville City Council concern the use of space within City given other city
department space needs
•The Roseville employee compensation plan lags behind the market for other local
governments and especially with LOGIS, a joint powers entity that provides IT
services to many local governments in the Twin Cities. LOGIS has recruited
several Metro-INET staff members over the past couple of years
•As a result of the Roseville compensation plan and organizational structure, it is
not possible to create the necessary executive leadership to guide the large $3.5
million Metro-INET enterprise
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• Finally, it should be noted that the Roseville City Council could at any time
decide to no longer be the lead agency for Metro-INET and a result, breakup
Metro-INET and let members figure out how to best provide IT services for their
organization. It should be pointed out that Roseville City Council has not
discussed doing this, but it is always a potential concern in the future.
Having Metro-INET as a joint powers entity does provide members more direct control over governance of Metro-INET, including costs, personnel, and policies and takes away uncertainty of the future of Metro-INET.
In 2020, a sub-committee of Metro-INET members met to work on a draft of the joint powers agreement. Working with Attorney Jim Strommen of Kennedy and Graven, the sub-committee finalized the JPA document. The sub-committee shared the draft JPA agreement with the League of Minnesota Cities General Counsel and the League of Minnesota Insurance
Trust staff for their review. They suggested several changes to the document that have been incorporated into the final versions. Finally, the sub-committee distributed the draft document to all members so that their specific city/board attorney could review the document. To-date, we have not received any significant comments that changes the document.
The highlights of the joint powers agreement are as follows:
• The initial members of the JPA will be the current members of Metro-INET
• JPA is planned to become effective on 1/1/2021
• Metro-INET will be governed by a Board of Directors with each member having a
Director and Alternate designated
• Metro-INET board meetings subject to open meeting law
• Each member will have the number of votes equivalent to its share of the budget
• Members will not be allowed to vote if they are in default of their financial obligation
or violation of IT security policies
• Metro-INET board will meet at least four times (Jan., April, July, Oct.) annually
• Metro-INET board will have officers elected to 3-year terms
• Metro-INET board will have power take all action in establishing and managing the
operations of Metro-INET
• Metro-INET board will enter into a contract with a member to serve as the fiscal and
operations agent for the organization
• Metro-INET board will hire an executive director who will be responsible for day-to-
day operations
• The executive director will have broad authority to run the operations of Metro-INET
• The executive director can be terminated by a 2/3 vote of the Metro-INET board
• The Metro-INET board will establish an executive committee consisting of the 5
board officers. The fiscal agent and Executive Director will serve as ex officio
members of the executive committee in an advisory and non-voting capacity
• The executive committee would meet on a more frequent basis and work on duties as
assigned by the board such as the budget and administrative issues
• The JPA outlines the schedule for the creation and consideration of the annual budget.
• The JPA creates 3 different classes of charges
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• Class 1 – Core Services
• Class 2 – Supplemental
• Class 3 – Necessary additional charges
• The class charges are described in more detail as Attachment A of the JPA
• The JPA outlines procedures for members to withdraw from Metro-INET
• JPA creates a Metro-INET “Associate” which is an entity that is receiving a
contractual service from Metro-INET
• The JPA has no termination date but does outline procedures to dissolve the
organization
For 2021, there are no additional costs that will be borne by members by entering into the JPA. Costs for the transition have been incorporated into the budget numbers given to each member earlier in 2020. It is expected that starting in 2022, there will be additional
administrative costs for the JPA. The final financial impact, however, will be decided by the
newly constituted Metro-INET board.
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TRANSITION PLAN FOR METRO I-NET
This plan is created to guide the transition from City of Roseville Metro I-Net (RMI) to
Metro I-Net Joint Powers Authority (MIJPA)
Purpose of transition plan
• Allow for orderly transition of operations, personnel, and assets from RMI to
MIJPA
• Identify transition costs
• Create a measured pace of transition to allow for comfort of existing RMI
employees and RMI agencies
Given where we find ourselves here in 2020, during the COVID pandemic, this
transition plan is underpinned by the following milestones:
• In 2020, the framework and costs of the new MIJPA will be established and
agreed upon by the RMI agencies.
• In 2021, the MIJPA as an entity will be established, the MIJPA Board will be
elected and begin to meet, and the MIJPA Executive Director will be hired and
begin to create an institutional framework for the MIJPA
• In 2022, all assets and personnel will be assigned to the MIJPA
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TIMELINE FOR WORK FOR 2020 (MIJPA CREATION)
Summary: The working group will finalize the draft joint powers agreement and send it
out for review by agency managers and their legal counsels. Metro I-Net members are
expected to approve the JPA by the end of the year.
The City of Roseville, in conjunction with RMI staff will identify costs to service MIJPA
during the interim period of the transition in 2021 and begin the process of identifying
costs for transferring assets from RMI to MIJPA
DETAILS OF 2020 WORK PLAN
METRO I-NET WORKING GROUP
In 2020, the Metro I-Net Working Group will do the following:
• Approve JPA transition plan
• Review draft Joint Powers Agreement
• Finalize language with Attorney Strommen
• Review JPA transition costs for 2021
• Identify long-term cost estimates for administrative/financial/legal services for
MIJPA
• Provide member agencies an estimate of costs for the transition and final
implementation of the MIJPA
• Assist in getting approval of JPA by all member agencies
CITY OF ROSEVILLE/ROSEVILLE METRO I-NET
In 2020, the City of Roseville/Roseville Metro I-Net will do the following:
• Identify costs to serve MIJPA during the transition
• Identify costs for transferring assets to MIJPA
• Assist the working group in identifying long-term costs for
administrative/financial/legal services for MIJPA
• Assist in getting approval of JPA by all member agencies
METRO I-NET MEMBER AGENCIES
In 2020, the Roseville Metro I-Net member agencies will do the following:
• Review the draft Metro I-Net joint powers agreement
• Secure approval of JPA from governing bodies
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TIMELINE FOR WORK FOR 2021(MIJPA TRANSITION)
Summary: Upon approval of the joint powers agreement by all member agencies, the
MIJPA will officially incorporate. Per the joint powers agreement, the board of the
directors for the MIJPA will convene and elect officers. Once constituted, the MIJPA
Board officers will be elected and consider agreements to cover the transition period
(defined as calendar year 2021) for legal, administrative and financial services. The
Board will also recruit and hire the Metro I-Net Executive Director (MIED). Once hired,
the MIED will begin drafting organizational policies and determine longer term legal,
HR/Administrative, and financial services as well as determining and securing space
needs.
In order to allow for an orderly transition in employees receiving wages and benefits and
to ensure minimal disruption to member agency services, Metro I-Net employees will
remain employees of the City of Roseville during 2021.
DETAILS OF 2021 WORK PLAN
METRO I-NET BOARD
• Incorporate Metro I-Net as a joint powers authority
• Hold first board business meeting
o Elect Chair and other officers
o Enter into agreements for interim period of 2021
Legal
HR/Admin
Financial
• Begin recruitment and hire Metro I-Net Executive Director (MIED)
• Enter into agreement with City of Roseville regarding management of Roseville
Metro I-Net employees by Metro I-Net Executive Director during interim period
• Carry out board business as described in joint powers agreement, including
setting a 2022 budget.
METRO I-NET EXECUTIVE DIRECTOR
• MIED is sole employee of MIJPA
• MIED focuses on administrative duties O Organizational policies O Service Contracts
Legal
Administrative/HR
Financial/Payroll O Determining space needs and securing space
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CITY OF ROSEVILLE/ROSEVILLE METRO I-NET
• Provide administrative/HR/financial services to MIJPA
• Enter into agreement with MIJPA regarding management of Roseville Metro I-
Net employees by Metro I-Net Executive Director during interim period
• Assist in transition of RMI assets and employees to MIJPA employees at the start
of 2022
MIJPA TRANSITION COMPLETE – JANUARY 2022
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Dana Dumbacher to the Community Engagement
Commission
Description
City Staff and the Mayor have interviewed and recommended Dana
Dumbacher for the Community Engagement Commission. With Dana’s
appointment, the 1 vacancy on the commission will be filled.
Full Name
Dana Dumbacher
Full Address
1775 Fairview Ave N
How Long At Above Address?
1 year
In Which Capacity Would You Like to Serve?
Vacant position on the Community Engagement Commission
What is the Reason You Would Like to Serve?
As a new(er) Falcon Heights community member and family, I’d like to get to
know my neighbors more and be more involved in the events that take place.
I’ve also previously worked as a community organizer in Wisconsin and am
now a government employee- so civic engagement has always been a passion
of mine. I’m the mom of a 22 month old son and soon will be welcoming a
second little boy in April, so this is a way I think I can fit the civic engagement
In enjoy into my busy family schedule.
Budget Impact N/A
Attachment(s) • Resolution 20-54 Appointment of Dana Dumbacher to the Community
Engagement Commission
Action(s) Requested Staff recommend approval of attached resolution appointing Dana Dumbacher
to the Community Engagement Commission.
Meeting Date December 9, 2020
Agenda Item Consent F13
Attachment Resolution
Submitted By Ashleigh Walter, Administrative &
Communications Coordinator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 9, 2020
No. 20-54 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING DANA DUMBACHER TO THE COMMUNITY ENGAGEMENT COMMISSION WHEREAS, the City Council consolidated the Human Rights Commission with the Neighborhood Commission to establish the Community Engagement Commission in 2015; WHEREAS, The community engagement commission shall serve in an advisory capacity to the city council regarding the effective, meaningful and equal involvement of Falcon Heights residents in their community. The commission will identify opportunities to collaborate with community, educational,
business and social services groups and organizations; identify ways to improve the city’s public participation, identify under-represented groups, remove any barriers, and engage and promote increased participation for all residents, businesses, community and neighborhood organizations; review and
recommend ways to improve the city’s communications efforts so as to facilitate effective two-way communication between the city and all residents, businesses, community and neighborhood organizations; review and recommend ways to help improve resident emergency preparedness and crime
prevention programs. The commission shall review complaints of alleged human rights violations occurring within the city and secure equal opportunity for all residents of the city regarding public services, public accommodations, housing, employment and education. WHEREAS, City Staff and the Mayor has interviewed Dana Dumbacher and recommends appointment to the Falcon Heights Community Engagement Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment of Dana Dumbacher to the Community Engagement Commission is approved and adopted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEHYEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2020 Year End Budget Amendments
Description
Sometimes, at the end of the year, budget amendments need to be made to
improve the financial statements for year end. Staff recommends the following
amendments.
The Community Inclusion fund 210 needs a couple of budget expense
amendments
210-4210-70100 increase by 1000
210-4210-86100 increase by 1000.
The Charitable Gambling fund 202 needs also an expense budget amendment.
202-4202-89100 increase by 1000
The Public Safety Capital fund 402 needs also a revenue and expense budget
amendments due to the FEMA grant the city was awarded.
402-33620 (revenue) increase to 50,000
402-4402-91000 (expense) increase by 10,000 due to additional capital items
purchased.
402-4402-91700 (expense) increase by 50,000
Amend budget line items as explained above.
Attachment(s) N/A
Action(s)
Requested
Staff recommends amending the budget line items as mentioned above.
Meeting Date December 9, 2020
Agenda Item Consent F14
Attachment N/A
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item 2021 NYFS Cooperative Service Agreement
Description
For many years now, the City of Falcon Heights has been a partner with Northeast
Youth and Family Services (NYFS). Some of the services they provide include senior
chore services and diversion programs for youth in various law enforcement cases.
Each year the City allocates money in the general fund to help pay for these services.
Attached is the 2021 Agreement that NYFS is asking all of their partner cities to
approve.
Budget
Impact
2021 Contribution of $10,958 which is accounted for in the 2021 Budget. This is a
9.2% percent increase from 2020.
2015 2016 2017 2018 2019 2020 2021
2.1%
Increase
.04%
Increase
1.0%
Increase
1.4%
Increase
2.8%
Increase
6.8%
Increase
9.2%
Increase
$8,892 $8,927 $9,017 $9,143 $9,399 $10,038 $10,958
Attachment(s) • 2021 NYFS Cooperative Service Agreement
• Municipal Participation Figures
• Contract Services
Action(s)
Requested
Staff recommends Council approval of the 2021 NYFS Agreement and authorization
of the Mayor and City Administrator to sign all necessary documents.
Meeting Date December 9, 2020
Agenda Item Consent F15
Attachment 2021 NYFS Cooperative Service
Agreement
Submitted By Sack Thongvanh, City Administrator
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BLANK PAGE
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AGREEMENT
1. PARTIES
This agreement is made and entered into by and between the City of
Falcon Heights Minnesota (“Municipality”) and Northeast Youth and
Family Services (“NYFS”).
2.RECITALS
a.NYFS is a non-profit social service agency whose mission is to meet the
unmet developmental needs of at-risk youth and families within their
community environment with emphasis on providing services through
collaboration and coordination with existing community resources. These
services are available to youth and families residing in the northern
suburbs of Ramsey County, including, but not limited to, the municipalities
which are signatory to agreements which are identical to this Agreement
(“participating municipalities”) and students and families from Independent
School Districts 621, 622, 623, 624, 282 and 832.
b.Through this Agreement the Municipality intends to contract with NYFS to
provide such services to its residents and to act as a sponsor of NYFS by
providing financial support, a method to establish appropriate services to
be provided and policy guidance for its activities.
c.This Agreement shall be used as the formal agreement between NYFS
and each of the participating municipalities. This Agreement is intended to
continue the spirit of cooperation and collaboration in the provision of
social services between the Municipality and NYFS.
3.TERMS AND CONDITIONS
In consideration of the mutual understandings of this Agreement, the
parties hereby agree as follows:
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a.Prior Agreements Cancelled. By execution of this Agreement any prior
agreements and amendments thereto between the parties are hereby
cancelled.
b. Services Provided. NYFS shall provide the Municipality and its residents
with youth and family programs set forth in the Addendum attached
hereto.
c.Principles of Service and Program Establishment and Operations. On a
yearly basis and prior to submission of its annual budget, as provided for
hereafter, NYFS shall:
i.Report regarding proposed changes in services and programs to
the Municipality; and
ii. Establish a fair and open bidding/request for proposal (RFP)
process to contract, manage or provide such services and
programs, which are not directly provided by NYFS staff.
d.Funding
i.In addition to the participating municipalities’ share of the annual
budget, funds for the operation of NYFS will be raised by NYFS
endeavoring to secure user fees, grants and appropriations from
private organizations, the State of Minnesota, Federal and County
agencies, and other legal and appropriate sources.
ii. The Municipality shall pay annually to NYFS the base amount
listed in Exhibit A. This base amount will be adjusted annually for
inflation/deflation based on the Standard Metropolitan Statistical
Area Consumer Price Index for All Urban Consumers (CPI-U) and
municipal population estimates based on MN State Demographic
Center. Any adjustment in the payment beyond those indicated by
reference to the CPI-U shall require approval of each of the
participating municipalities.
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iii.Any new municipality joining into this agreement will pay a base
amount annually to NYFS that is on par with the amount paid by
current participating municipalities.
iv.Amounts payable by the Municipality shall be paid to NYFS on or
before January 30th of each year, or at a date mutually agreed upon
by both parties, to cover the Municipality’s share for that year.
e.Board Representation. The Municipality shall have the right to NYFS
Board Representation of City Council, staff or community members (as
designated by the Municipality and approved by NYFS Board) on the
Board of Directors as either a Board Member or Board Advisor.
f. Further Obligations of NYFS. In addition to the obligations set forth
elsewhere in this Agreement, this Agreement is further contingent upon
NYFS doing the follows:
i.The Bylaws of NYFS shall be amended to add provisions requiring
an open process for contracting services as provided for in
paragraph C.2., above, and prohibiting NYFS from supporting or
opposing individual candidates for election to public office in any of
the participating municipalities; and adding the requirement that
IRS 501.C3 status be maintained.
ii.On or before June 30, of any year NYFS shall submit the proposed
city budgeted amount for the subsequent year.
iii.On or before November 30, of any year NYFS shall submit a written
report to the Municipality including an Annual Report, the audited
financial statement, and a program specific summary of services
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provided to the municipality; in addition, 30 days from the end of
each calendar quarter, NYFS shall submit a written report to the
participating municipality.
iv.Periodically advising the Municipality of services available through
NYFS to the Municipality’s residents;
v.Establishing a sliding scale for services available through NYFS to
the Municipality’s residents and periodically advising the
Municipality of such fees;
vi.Providing other reasonable information requested by the
Municipality;
vii.Purchasing a policy of liability insurance in the amount of at least
$1,500,000.00, naming the Municipality as an additional insured
and providing a copy of the insurance certificate evidencing such
policy to the Municipality;
viii.Provide the Municipality with a copy of its Articles of Incorporation,
Bylaws, Amendments thereto, and the IRS tax exempt status letter;
ix.NYFS shall defend and indemnify the Municipality from any and all
claims or causes of actions brought against the Municipality of any
matter arising out of this Agreement or the services provided
pursuant to this Agreement; and,
x.Without the written approval of the Municipality, NYFS will not enter
into any agreement with any other municipality which differs from
the terms and conditions of this Agreement.
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g.Term. The term of this agreement will be through December 31, 2020.
Unless either party gives at least 6 months written notice of its intent to
cancel this Agreement effective December 31 of the year in which the
notice is made, NYFS will continue to provide services to the Municipality
if a successor agreement has not been executed prior to the end of the
term.
h. (A) Distribution of Assets Upon Dissolution.
If NYFS ceases to operate, the Board of Directors will do one of the
following:
i.Give the assets to one or more non-profit agencies providing similar
social services in the northern suburbs of Ramsey County; or,
ii.Form a new Foundation to fund appropriate social service
programming in the northern suburbs of Ramsey County.
The final Distribution of Assets Plan must be approved by the Ramsey
County District Court.
(B) Deviation from the Mission.
If the City Council determines that NYFS has materially deviated from its
mission (See II. Recitals, A.), the City Council may ask the NYFS Board of
Directors to consider dissolving the agency and liquidating the assets.
The Board will do one of the following:
iii.Consider the request and by a majority vote deny it.
iv.Consider the request and by a majority vote agree to modify the
programs to be consistent with the mission.
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v.Consider the request and by a majority vote agree with the request
and move to dissolve the agency and liquidate the assets.
IN WITNESS WHEREOF, the parties have executed this Agreement on this date
set forth below.
MUNICIPALITY
City of Falcon Heights
By: ______________________________
Elected Official
Its: ______________________________
Clerk/Manager/Administrator
Dated: ______________________________
NYFS
Northeast Youth & Family Services
By: _______________________________
President/CEO
Its: _______________________________
Chair of the Board of Directors
Dated: _______________________________
12/2020
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Northeast Youth & Family Services
Municipal Participation Figures
2020 - 6.8% MN Demographer's Office 2020 payment
NYFS Board
approved 2021 % Increase Municipal Budget Community Advocate
increase CPI-U Population Estimate 2018 per capita increase to $2/person 2021/2020 2021 Amount 2021 Amount Notes
Arden Hills $17,389.18 9,889 $1.76 $19,778.00 13.7%$18,583.59 NA Increase shared over 2 years.
Falcon Heights $10,038.13 5,479 $1.83 $10,958.00 9.2%$10,958.00 NA
Little Canada $17,605.98 10,386 $1.70 $20,772.00 18.0%$19,188.99 NA Increase shared over 2 years.
Mounds View $22,779.37 13,328 $1.71 $26,656.00 17.0%$26,656.00 $25,000.00
New Brighton $41,567.63 23,119 $1.80 $46,238.00 11.2%$46,238.00 $10,000.00
North Oaks $10,019.98 5,304 $1.89 $10,608.00 5.9%$10,608.00 NA
Roseville $60,707.26 36,272 $1.67 $72,544.00 19.5%$72,544.00 $20,000.00
St. Anthony $4,211.12 9,067 $0.46 $18,134.00 330.6%$11,211.12 $12,500.00 Increase shared over 2 years.
Shoreview $49,554.13 26,480 $1.87 $52,960.00 6.9%$52,960.00 NA
Birchwood $1,591.32 876 $1.82 $1,752.00 10.1%$1,752.00 NA
Hugo $6,408.00 15,247 $0.42 $30,494.00 375.9%$6,408.00 NA In discussion.
Mahtomedi $14,015.36 8,040 $1.74 $16,080.00 14.7%$16,080.00 NA
Vadnais Heights $22,460.04 13,198 $1.70 $26,396.00 17.5%$26,396.00 NA
White Bear Lake $43,450.51 25,458 $1.71 $50,916.00 17.2%$50,916.00 $25,000.00
White Bear Township $21,908.95 11,095 $1.97 $22,190.00 1.3%$22,190.00 NA
Total $343,706.96 213,238.00 $1.61 $426,476.00 24.1%$392,689.70 $92,500.00
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Northeast Youth & Family Services
2021
Contracted Services
Mental Health Services:
●Shoreview and White Bear Lake Mental Health Clinics – licensed mental health staff
provide therapy for the emotional health of children, teens and adults.
▪School-Based Mental Health – licensed mental health staff provide therapy for the
emotional health of students within Roseville, Mounds View and White Bear Lake school
districts.
Community Services:
▪Youth Diversion –a coordinated range of services for youth who have committed minor
offenses (e.g. shoplifting, chemical/alcohol use, vandalism) to help them focus on positive
behavior and prevent recidivism.
▪Senior Chore Program – youth and other adults complete seasonal and household tasks to
help seniors remain independent.
Non Contracted Services
Mental Health Services:
▪Northeast Educational & Therapeutic Services (NETS)– provides therapy and academic
support for youth in grades 6-12 with severe mental illnesses who can not function in
traditional school environments.
Community Services:
▪Community Advocate – This program serves people who have been involved with local law
enforcement but have needs that cannot be sufficiently addressed by law enforcement alone.
This can include: mental health issues, family instability, medical care and other needs.
Addressing these underlying issues reduces the need for law enforcement intervention in the
future.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Extension of Professional Service Agreement for Administrative Direction and
Command Services for Fire Service from the City of Roseville
Description During the December 11, 2019 City Council Meeting, the Council approved the
professional service agreement for administrative direction and command
services for Fire Service from the City of Roseville.
The one-year agreement will expire December 10, 2020. Staff has requested an
extension. Attached you will find a sixty (60) day extension. The extension
will be until 11:59 pm on February 8, 2021.
Budget Impact The cost for the extension will be prorated based on the current agreement.
The City will compensate the City of Roseville for a total of $6,666.00. Falcon
Heights will receive a monthly invoice of $3,333.00.
Attachment(s) •First Amendment to the Professional Services Agreement for Fire
Service Administrative Direction and Command Services
Action(s) Requested Staff would recommend the extension of professional service agreement for
administrative direction and command services for fire service from the City of
Roseville and authorize the City Administrator to execute all necessary
documents.
Meeting Date December 9, 2020
Agenda Item Consent F16
Attachment Document
Submitted By Sack Thongvanh, City Administrator
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1
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR FIRE SERVICE ADMINISTRATIVE DIRECTION AND COMMAND SERVICES
This First Amendment is made by and between the City of Roseville, a Minnesota municipal corporation (“Roseville”), and the City of Falcon Heights, a Minnesota municipal corporation
(“Falcon Heights”), as of the 10th day of December, 2020.
WHEREAS, the City of Falcon Heights and the City of Roseville are parties to an Agreement for Roseville to provide fire service administrative direction and command services over the Falcon Heights fire department;
WHEREAS, said Agreement will expire by its own terms on December 9, 2020; WHEREAS, the parties desire to extend the duration of said Agreement through February 7, 2021; and,
WHEREAS, the Agreement requires all amendments to its terms to be made by mutually executed written agreement of the parties. NOW, THEREFORE, intending to be bound by the consideration and obligations contained
herein, the sufficiency of which is expressly acknowledged, the parties hereby agree to the
following First Amendment: 1. Term. Notwithstanding paragraph 2 of the parties’ original Agreement, said Agreement shall be extended as of 12:00 a.m. on December 10, 2020, and shall expire
no later than 11:59 p.m. on February 7, 2021 (the “Extended Term”). The parties may
mutually agree to terminate their Agreement prior to the expiration of the Extended Term. 2. Compensation for Services. Notwithstanding paragraph 3 of the parties’ original
Agreement, the City of Falcon Heights shall pay Roseville total compensation of
$6,666.00 for services rendered during the Extended Term. Roseville shall submit to Falcon Heights a monthly invoice for $3,333.00, which shall be paid in the same manner of other claims made to the City of Falcon Heights. In the event the parties mutually agree to terminate their Agreement prior to the expiration of the Extended
Term, Roseville shall invoice Falcon Heights on a pro-rated basis equal to 1/30th of the
monthly rate for actual days the Extended Term remained in effect. 3. Other Provisions. All terms and obligations not specifically amended by this First Amendment shall remain in full force and effect for the duration of the Extended Term.
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2
CITY OF ROSEVILLE
Date: _________________________ __________________________________ Mayor
Date: _________________________ __________________________________
City Manager
Date:_________________________ ___________________________________ Fire Chief
APPROVED AS TO FORM:
Date:_________________________ __________________________________ City Attorney
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3
CITY OF FALCON HEIGHTS
Date: _________________________ __________________________________ Mayor
Date: _________________________ __________________________________
City Administrator
APPROVED AS TO FORM:
Date:_________________________ __________________________________
City Attorney
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Amendment to Chapters 54 & 113 Regarding Residential Edible Landscaping
Description
The City Council approved Interim Ordinance 20-04 in May 2020 to allow the City to
study gardening in Falcon Heights. Shortly after the adoption of the Interim Ordinance,
the City Council directed City Staff to convene a subcommittee of City Commission
members to lead the effort in drafting a new Ordinance. The Garden Subcommittee
consisted of members from the Environment and Planning Commissions. The
subcommittee met five times between July and September to discuss the Ordinance. In
late July, staff developed a web survey to gather feedback from community members
about their thoughts on gardening in the city. Over the two and a half weeks that the
survey was available, 322 people completed the survey.
The subcommittee centered discussion around two concepts; residential gardens
(gardening by owners or renters within their property), and community gardens
(gardening by multiple individuals not residing on the property). The Ordinance
drafted by the subcommittee allows residential gardening of edible landscaping as an
accessory use in residential and business districts. In general, the parameters for
residential gardening of edible landscaping follow those that were established for
native landscaping. As such, edible gardens would not be limited in overall area, but
would have to follow setback requirements. The Ordinance also states that retail sales
of produce from residential gardening of edible landscaping activities would not be
allowed.
The consensus of the subcommittee was that they could not formulate conditions that
would universally address all circumstances for community gardens. Any existing
community gardens would be allowed to continue as they do currently with legal
nonconforming status.
The Environment Commission discussed the draft Ordinance at their October 12th
meeting, and passed a motion to recommend the City Council approve the amendment.
At their October 27th meeting, the Planning Commission held a public hearing and
voted unanimously to recommend that the City Council adopt the amendment as
written.
Meeting Date December 9, 2020
Agenda Item Policy G1
Attachments Ordinance and Support Documents
Submitted By Molly Just, Interim Community
Development Coordinator
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Attachment • Draft Ordinance 20-07 Chapters 54 & 113 Residential Edible Landscaping
• Summary of Ordinance 20-07 Chapters 54 & 113 Residential Edible Landscaping
Action
Requested
Staff recommends approval of attached ordinance and summary of the ordinance
amendment providing clarity around residential edible landscaping on private
property.
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ORDINANCE NO. 20-07
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 54 AND 113 OF THE FALCON HEIGHTS CITY CODE
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 Chapter 54 – Vegetation is amended as follows. Additions are shown with an
underline, and deletions are shown with a strikethrough.
Section 54-38 – Regulations for private property (b) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Edible landscaping means the intentional planting, caring for, or otherwise cultivating plants that could produce food that is consumed by people. These plants include fruit and nut trees, berry bushes, vegetables, herbs, or edible flowers.
Native plants are those grasses (including prairie grasses), sedges (solid, triangular-
stemmed plants resembling grasses), rushes, forbs (flowering broadleaf plants), vines, trees and shrubs that are plant species native to the state of Minnesota prior to European settlement.
Noxious weeds are annual, biennial, or perennial plants that the Commissioner of Agriculture designated to be injurious to public health, the environment, public roads, crops, livestock, or other property (Minnesota Noxious Weed Law, Minn. Stat. Sec. 18.75-18.91).
Ornamental plants means grasses, flowering annual, biennial, and perennial plants, shrubs, trees, and vines that may not be native to Minnesota, but are adapted. Ornamental grasses do not include turfgrasses.
Turf grass means commercially available cultured turf grass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas.
Planned landscape area means an area where ornamental plants, or native plants are planted pursuant to a plan.
Rain garden means a shallow excavated depression (typically no more than 18 inches
deep) with loosened sub-soils in which ornamental or native plants that are adapted to moist conditions and have deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm water runoff. Temporary ponding of water in rain
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gardens typically occurs for no more than 48 hours after rainfall assuming no subsequent
rainfall.
Residential garden means an area of edible landscaping on a lot that is conducted by the property owners or residents of that lot.
Restoration area means an area where native plants are being, or have been, intentionally re-established
Weeds are (i) prohibited noxious weeds or (ii) any volunteer plant, except trees and other
woody vegetation, which is not customarily or intentionally planted. For the purposes of this definition, weeds do not include dandelions or clover.
(c) Location of restoration areas, and planned landscape areas, and edible landscaping areas.
(1) Setback. A restoration area, or a planned landscape area, or residential garden must provide the following minimum setbacks:
a. Front lot line, corner side lot line, or rear lot line abutting a street or alley: two feet, and two feet from publicly maintained pavement or sidewalk
b. Interior side lot line or rear lot line not abutting a street or alley: two feet; provided,
however, for the exception in the required side yard or rear yard setback, as described in section 54-38(c)(2).
(2) Mitigations for reductions in side or rear yard setback. A required interior side yard or rear yard (not abutting a street or alley) setback may be reduced to zero feet for a
restoration area, planned landscape area, or residential garden if:
a. A fence at least three feet in height is installed on the lot line adjoining the restoration area, or planned landscape area, or residential garden; or
b. The restoration area, or planned landscape area, or residential garden abuts:
1. A restoration area, planned landscape area, or residential garden on any
adjoining lot;
2. A public park or open space;
3. A wetland, pond, lake or stream;
4. Natural area; or
c. The restoration area or planned landscape area is located on slopes equal to, or
greater than, three feet horizontal to one foot vertical (3:1).
(d) Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the minimum standards set forth in this subsection:
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(1) The setback area required by section 54-38(c) shall be composed of a soil retention cover
such as mulch, regularly mowed turf grasses or groundcovers maintained at six inches or
less, native or ornamental plants maintained at ten inches or less, trees or shrubs, or as may be required by the city administrator to protect the soil and aesthetic values on the lot and adjacent property.
(2) Non-woody vegetation in a planned landscape area shall be cut at least once annually between April 15 and July 15 to a height no greater than 10 inches.
(3) It is unlawful to plant any tree or shrub within five feet of a property lot line abutting a
right-of-way of a public street or alley.
(4) Property owners shall prune trees and shrubs located on private property so they will not
obstruct pedestrian sidewalk traffic, nor obstruct the view of any traffic sign, street, alley,
or intersection. Overhanging portions of trees and shrubs must be pruned to maintain a minimum clearance of eight feet over all sidewalks, and 16 feet over all streets.
(5) Properties shall be free of blight and blighting factors, as described in section 22-19.
(6) Properties shall be free of public nuisances, as described in section 22-47.
(7) The city may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement to remove the native plants or other vegetation from the drainage and utility easement at no expense to the city if the city determines the native plants or vegetation interferes with the utility
easement. The city will not be responsible for damage to turfgrass and/or any landscaped
areas resulting from public works improvements or snow removal activities within drainage and utility easements.
(8) Retail sales of produce from edible landscaping activities shall not occur on the property.
SECTION 2 Subsection 113-174(d) is amended as follows. Additions are shown with an
underline, and deletions are shown with a strikethrough.
Section 113-174 – One-family R-1 residential district
(d) Permitted accessory uses. No accessory structures or use of land shall be permitted except for one or more of the following uses:
(1) Home occupations meeting the definitions and requirements of section 113-391.
(2) Private tennis courts, provided no portion of the paved or fenced area is within a required
front yard or less than ten feet from a property line.
(3) One private garage or carport and parking space as regulated in section 113-240.
(4) Private automobile repair or reconditioning as regulated in section 113-250.
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(5) Gardening and other horticultural uses where no retail sale of products is conducted on
the premises. Planned landscape areas and edible landscape areas, including residential
gardens, as defined and regulated in section 54-38.
(6) Keeping of domestic pets as required in the Code.
(7) Signs as provided in subsection (g) of this section.
(8) Decorative landscape features and fences as regulated herein.
(9) Accessory buildings other than detached private garages as regulated herein. The design
and placement of the accessory buildings must be approved by the planner as being in harmony with the surrounding residential neighborhood.
(10) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed the time necessary for such construction (approved by zoning administrator).
(11) One composting area, or one compost structure as defined in section 113-240(l), of plant
material including leaves, grass clippings, plant trimmings, fruits, vegetables and peels, but excluding animal derived materials such as bones, meat scraps and dairy products, not to cover more than 25 square feet in area and five feet in height in the rear yard. A larger composting area requires a permitted accessory use permit. A compost area must be set back
at least five feet from any property line. The compost shall be maintained according to
accepted composting practices for the residential yard.
(12) Garage and residential boutique sales limited to four sales each calendar year per residential unit, not to exceed ten consecutive days or two consecutive weekends each.
(13) Keeping of chickens as regulated by the Code.
SECTION 3 Subsection 113-177(e) is amended as follows. Additions are shown with an
underline, and deletions are shown with a strikethrough.
Section 113-177 – B-1 neighborhood convenience district
(e) Permitted accessory uses. The following uses shall be permitted accessory uses:
(1) Off-street parking and loading, signs, fences, and decorative landscape features as
regulated herein.
(2) Temporary construction buildings (approved by zoning administrator).
(3) Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood
after review and recommendation by the planning commission.
(4) Essential service structures, provided no building shall be located within 30 feet of an abutting lot in an R district. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission.
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(5) Public telephone booths or drive-up service. The placement of the telephone booth
or drive-up service must be approved by the city council as being in harmony with the
surrounding business district and neighborhood after review and recommendation by the planning commission
(6) Planned landscape areas and edible landscape areas, including residential gardens, as defined and regulated in section 54-38.
(67) Other as deemed to be normal, customary, and incidental by the zoning
administrator.
SECTION 4 Ordinance 20-04 is repealed in its entirety.
SECTION 5 This ordinance shall be effective upon its passage and a summary published in the official newspaper.
ADOPTED this 9th day of December, 2020, by the City Council of the City of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________
LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE ANDREWS
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SUMMARY ORDINANCE NO. 20-07
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 54 AND 113 OF THE FALCON HEIGHTS CITY CODE CONCERNING EDIBLE LANDSCAPING
This ordinance amends Chapters 54 and 113 of the Falcon Heights City Code concerning edible
landscaping in residential zones. The amendments include definitions, standards of practice, and permit and compliance procedures.
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 9th day of December, 2020.
CITY OF FALCON HEIGHTS
BY: ________________________________
Randall C. Gustafson, Mayor ATTEST:
_____________________________________
Sack Thongvanh, City Administrator
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ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 54 AND 113 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1 Chapter 54 – Vegetation is amended as follows. Additions are shown with an
underline, and deletions are shown with a strikethrough.
Section 54-38 – Regulations for private property (b) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Edible landscaping means the intentional planting, caring for, or otherwise cultivating plants that could produce food that is consumed by people. These plants include fruit and
nut trees, berry bushes, vegetables, herbs, or edible flowers.
Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), rushes, forbs (flowering broadleaf plants), vines, trees and shrubs that are plant species native to the state of Minnesota prior to European settlement.
Noxious weeds are annual, biennial, or perennial plants that the Commissioner of Agriculture designated to be injurious to public health, the environment, public roads, crops, livestock, or other property (Minnesota Noxious Weed Law, Minn. Stat. Sec. 18.75-18.91).
Ornamental plants means grasses, flowering annual, biennial, and perennial plants, shrubs, trees, and vines that may not be native to Minnesota, but are adapted. Ornamental grasses do not include turfgrasses.
Turf grass means commercially available cultured turf grass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas.
Planned landscape area means an area where ornamental plants, or native plants are planted pursuant to a plan.
Rain garden means a shallow excavated depression (typically no more than 18 inches deep) with loosened sub-soils in which ornamental or native plants that are adapted to moist conditions and have deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm water runoff. Temporary ponding of water in rain
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gardens typically occurs for no more than 48 hours after rainfall assuming no subsequent
rainfall.
Residential garden means an area of edible landscaping on a lot that is conducted by the
property owners or residents of that lot.
Restoration area means an area where native plants are being, or have been, intentionally re-established
Weeds are (i) prohibited noxious weeds or (ii) any volunteer plant, except trees and other woody vegetation, which is not customarily or intentionally planted. For the purposes of this definition, weeds do not include dandelions or clover.
(c) Location of restoration areas, and planned landscape areas, and edible landscaping areas.
(1) Setback. A restoration area, or a planned landscape area, or residential garden must provide the following minimum setbacks:
a. Front lot line, corner side lot line, or rear lot line abutting a street or alley: two feet,
and two feet from publicly maintained pavement or sidewalk
b. Interior side lot line or rear lot line not abutting a street or alley: two feet; provided, however, for the exception in the required side yard or rear yard setback, as described in section 54-38(c)(2).
(2) Mitigations for reductions in side or rear yard setback. A required interior side yard or
rear yard (not abutting a street or alley) setback may be reduced to zero feet for a
restoration area, planned landscape area, or residential garden if:
a. A fence at least three feet in height is installed on the lot line adjoining the restoration area, or planned landscape area, or residential garden; or
b. The restoration area, or planned landscape area, or residential garden abuts:
1. A restoration area, planned landscape area, or residential garden on any
adjoining lot;
2. A public park or open space;
3. A wetland, pond, lake or stream;
4. Natural area; or
c. The restoration area or planned landscape area is located on slopes equal to, or
greater than, three feet horizontal to one foot vertical (3:1).
(d) Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the minimum standards set forth in this subsection:
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(1) The setback area required by section 54-38(c) shall be composed of a soil retention cover
such as mulch, regularly mowed turf grasses or groundcovers maintained at six inches or less, native or ornamental plants maintained at ten inches or less, trees or shrubs, or as may be required by the city administrator to protect the soil and aesthetic values on the lot and adjacent property.
(2) Non-woody vegetation in a planned landscape area shall be cut at least once annually between April 15 and July 15 to a height no greater than 10 inches.
(3) It is unlawful to plant any tree or shrub within five feet of a property lot line abutting a right-of-way of a public street or alley.
(4) Property owners shall prune trees and shrubs located on private property so they will not
obstruct pedestrian sidewalk traffic, nor obstruct the view of any traffic sign, street, alley, or intersection. Overhanging portions of trees and shrubs must be pruned to maintain a minimum clearance of eight feet over all sidewalks, and 16 feet over all streets.
(5) Properties shall be free of blight and blighting factors, as described in section 22-19.
(6) Properties shall be free of public nuisances, as described in section 22-47.
(7) The city may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement to remove the native plants or other vegetation from the drainage and utility easement at no expense
to the city if the city determines the native plants or vegetation interferes with the utility
easement. The city will not be responsible for damage to turfgrass and/or any landscaped areas resulting from public works improvements or snow removal activities within drainage and utility easements.
(8) Retail sales of produce from edible landscaping activities shall not occur on the property.
SECTION 2 Subsection 113-174(d) is amended as follows. Additions are shown with an
underline, and deletions are shown with a strikethrough.
Section 113-174 – One-family R-1 residential district
(d) Permitted accessory uses. No accessory structures or use of land shall be permitted except for one or more of the following uses:
(1) Home occupations meeting the definitions and requirements of section 113-391.
(2) Private tennis courts, provided no portion of the paved or fenced area is within a required front yard or less than ten feet from a property line.
(3) One private garage or carport and parking space as regulated in section 113-240.
(4) Private automobile repair or reconditioning as regulated in section 113-250.
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(5) Gardening and other horticultural uses where no retail sale of products is conducted on
the premises. Planned landscape areas and edible landscape areas, including residential gardens, as defined and regulated in section 54-38.
(6) Keeping of domestic pets as required in the Code.
(7) Signs as provided in subsection (g) of this section.
(8) Decorative landscape features and fences as regulated herein.
(9) Accessory buildings other than detached private garages as regulated herein. The design and placement of the accessory buildings must be approved by the planner as being in harmony with the surrounding residential neighborhood.
(10) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed the time necessary for such construction (approved by zoning administrator).
(11) One composting area, or one compost structure as defined in section 113-240(l), of plant material including leaves, grass clippings, plant trimmings, fruits, vegetables and peels, but excluding animal derived materials such as bones, meat scraps and dairy products, not to cover more than 25 square feet in area and five feet in height in the rear yard. A larger composting area requires a permitted accessory use permit. A compost area must be set back
at least five feet from any property line. The compost shall be maintained according to accepted composting practices for the residential yard.
(12) Garage and residential boutique sales limited to four sales each calendar year per residential unit, not to exceed ten consecutive days or two consecutive weekends each.
(13) Keeping of chickens as regulated by the Code.
SECTION 3 Subsection 113-177(e) is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.
Section 113-177 – B-1 neighborhood convenience district
(e) Permitted accessory uses. The following uses shall be permitted accessory uses:
(1) Off-street parking and loading, signs, fences, and decorative landscape features as
regulated herein.
(2) Temporary construction buildings (approved by zoning administrator).
(3) Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood
after review and recommendation by the planning commission.
(4) Essential service structures, provided no building shall be located within 30 feet of an abutting lot in an R district. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission.
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(5) Public telephone booths or drive-up service. The placement of the telephone booth
or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission
(6) Planned landscape areas and edible landscape areas, including residential gardens, as
defined and regulated in section 54-38.
(67) Other as deemed to be normal, customary, and incidental by the zoning administrator.
SECTION 4 Ordinance 20-04 is repealed in its entirety.
SECTION 5 This ordinance shall be effective upon its passage and a summary published in the official newspaper.
ADOPTED this X day of XX, 2020, by the City Council of the City of Falcon Heights, Minnesota.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -
Moved by: Approved by: ________________________ Randall Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE
ANDREWS
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BLANK PAGE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve Resolution Accepting Plans and Specifications and Ordering
Advertisement for Bids for the 2021 Pavement Management Project
Description
On October 28, 2020, a public improvement hearing was held for the 2021 PMP.
Following the hearing, the City Council ordered the improvement and
preparation of plans and specifications of the proposed project. The next step in
the process is for the City Council to approve plans and specifications and
authorize the advertisement for bids.
State statute requires a City Council resolution approving plans and specifications
and ordering the advertisement for bids for all public improvements to be
assessed. Since a portion of the costs for the proposed project will be assessed to
benefiting properties, the adoption of this resolution is required.
The following is a brief summary of proposed improvements. The following
streets have been identified to be considered for improvements in 2021:
• Tatum St, Larpenteur Ave to Roselawn Ave
• Lindig St, Larpenteur Ave to Cul-de-sac
• Fry St, Larpenteur Ave to Maple Knoll Dr
• Saint Marys St, Larpenteur Ave to Maple Knoll Dr
• West Snelling Dr, Hoyt Ave to Hollywood Ct alley
• East Snelling Dr, Idaho Ave to dead end
• Asbury St, Crawford Ave to Roselawn Ave
• Arona St, Crawford Ave to Roselawn Ave
• Simpson St, Crawford Ave to Roselawn Ave
• Ruggles St, East Snelling Service Dr to Pascal St
• Pascal St, Larpenteur Ave to Roselawn Ave
• Crawford Ave, Simpson St to Pascal St
• Albert St, Larpenteur Ave to Garden Ave
Street Improvements:
The recommended improvements for the streets were based on existing
conditions of the pavement. All of the streets are proposed for bituminous mill
and overlay with the exception of East Snelling Service Drive. Mill and overlay
Meeting Date December 9, 2020
Agenda Item Policy G2
Attachment Resolution & Presentation
Submitted By Jesse Freihammer, City Engineer
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involves grinding the top two inches of existing asphalt surface and replacing that
with new pavement which eliminates cracking and provides a smoother surface
and adds life back to the roadway.
East Snelling Service Drive will have the pavement completely replaced and the
east curb line will be pushed to the east approximately 2.5 feet. This will make the
road wider to better accommodate parking and plowing.
All of the roadways will be repaved to match the existing roadway widths with
the exception of East Snelling Service Drive as mentioned above. Existing curb
and gutter will remain in place, with the exception of isolated areas that need
repairs to replace damaged or sunken curb.
All sidewalk curb ramps will be upgraded to meet latest American with
Disabilities Act (ADA) standards as part of the project.
Sidewalk Improvements:
The existing sidewalk on East Snelling Service Drive will be replaced in the same
location with the same width. It is proposed to be replaced due to the poor
condition.
Parking modifications:
No parking changes are associated with this project.
Storm Drainage and Storm Water Quality Improvements:
In order to address street flooding that has occurred around near the cul-de-sac
on Lindig, two options for storm sewer improvements are proposed.
Option 1 is to install two additional catch basins to help inlet capacity. This will
help alleviate some street flooding and if flooding does occur should reduce the
time the street is flooded. This cost is estimated to be $20,000.
Option 2 is to install an infiltration basin. This would increase storage and reduce
flow into the storm sewer system. This cost is estimated to be $70,000.
Based on feedback to date from residents, staff would recommend including
option 1 with the street improvements.
Other storm drainage system improvements are relatively minor and include
maintenance on selected storm sewer manholes and catch basins.
Sanitary Sewer System Improvements:
The sanitary sewer system improvements are relatively minor and include
replacement of all sanitary sewer castings. The majority of the sanitary sewer was
lined previously.
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Water System Improvements:
The water system is owned and operated by St. Paul Regional Water Services
(SPRWS). They have no planned improvements at this time.
Budget Impact This project has the following financial implications for the city and property
owners along the streets being considered for maintenance:
• Assessments levied in accordance with the City’s assessment policy.
• Use of Municipal State Aid (MSA), and street infrastructure funds to pay the
City’s portion of the project.
• Expenditure of utility fund dollars to pay for repairs needed to the existing
utility system.
Attachment(s) • Resolution 20-55 Approving Plans and Specifications and Ordering
Advertisement for Bids for the 2021 Pavement and Management Project
• Presentation
Action(s)
Requested
Staff recommends adoption of attached resolution accepting plans and
specifications and ordering advertisement for bid for the 2021 Pavement
Management Project.
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BLANK PAGE
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2021 Pavement
Management Project
FALCON HEIGHTS –DECEMBER 9, 2020
APPROVE PLANS AND SPECS AND ADVERTISE FOR BID
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Pavement Management Project Overview
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2021 PMP Improvements
Street Improvements –3.86 miles
◦Mill bituminous pavement
◦Repave bituminous pavement
◦Replace damaged/deteriorated curb and gutter
◦Update curb ramps to meet ADA compliance and fix broken sidewalk
◦Estimate cost of $1,165,700
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2021 PMP Improvements
Drainage Improvements
◦Adjust existing catch basins
◦Replace deteriorated catch basin structures
◦Lindig catch basins and infiltration basin
◦Cost not assessed; funded by storm sewer fund
◦Estimated cost = $143,000
Utility Improvements
◦Water main
◦Owed and operated by Saint Paul Regional Water Services
◦Currently reviewing water system. To date no watermain work is proposed.
◦Sanitary
◦Sanitary sewer mains have already been lined
◦Replace manhole castings and rings
◦Reduces Inflow and Infiltration
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Lindig Storm
Lindig Final Design
◦Added Two Inlets
◦Increases inlet capacity
◦Add infiltration basin
◦Increases storage capacity and decreases downstream flow
◦Would remove two trees and existing raingarden.
◦Will replace both trees.
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Estimated Project Funding Breakdown
Estimated City Project Cost = $1,255,700
◦Street Infrastructure Funds = $308,500
◦Municipal State Aid = $308,500
◦Storm Sewer = $143,000
◦Assessments = $405,700 24.57%
24.57%32.31%
11.39%
7.17%
Funding Category %
State Aid
Street
Assessments
Storm Sewer
Sanitary
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Proposed Project Schedule
June 6, 2020 Order Feasibility Report
September 23, 2020 Accept Feasibility Report and Order Public Hearing
October 28, 2020 Public Hearing, Authorize Plans and Specs
December 9, 2020 Approve plans and specifications and order advertisement of bids for the project
February 3, 2021 Open Bids
February 10, 2021 Award Contract
May/June 2021 Begin Construction
August 2021 Complete Construction before State Fair
September 2021 Final Assessment Hearing
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Questions?
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Council Action
1.Adopt Resolution Approving Plans and Specifications and Advertising for Bid for 2021 Pavement Management Project
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BLANK PAGE
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1
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
December 9, 2020 No. 20-55
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RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR THE 2021 PAVEMENT MANAGEMENT PROJECT WHEREAS, pursuant to resolution of the City Council adopted December 9, 2020, the City of
Roseville Engineering Department has prepared plans and specifications for the improvement
of the following streets:
• Tatum St, Larpenteur Ave to Roselawn Ave
• Lindig St, Larpenteur Ave to Cul-de-sac
• Fry St, Larpenteur Ave to Maple Knoll Dr
• Saint Marys St, Larpenteur Ave to Maple Knoll Dr
• West Snelling Dr, Hoyt Ave to Hollywood Ct alley
• East Snelling Dr, Idaho Ave to dead end
• Asbury St, Crawford Ave to Roselawn Ave
• Arona St, Crawford Ave to Roselawn Ave
• Simpson St, Crawford Ave to Roselawn Ave
• Ruggles St, East Snelling Service Dr to Pascal St
• Pascal St, Larpenteur Ave to Roselawn Ave
• Crawford Ave, Simpson St to Pascal St
• Albert St, Larpenteur Ave to Garden Ave
and has presented such plans and specifications to the City Council for approval;
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota:
1. Such plans and specifications, a copy of which is attached hereto, and made a part
hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the Pioneer Press, the official newspaper, the City’s website, and the eadvert bidding platform, an
advertisement for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state the date and time that the bids will be received by the City Administrator and City Engineer at which time they will be publicly opened in Falcon Heights City Hall by the City Engineer, will then be tabulated, and will
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subsequently be considered by the Council. No bids will be considered unless sealed
and filed with the Administrator and accompanied by a cash deposit, certified check or
bid bond payable to the City of Falcon Heights for ten percent (10%) of the amount of such bid. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by:
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by:
LEEHY Sack Thongvanh
MIAZGA ____ Against City Administrator
ANDREWS
WEHYEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve Drainage Easement at 1605 Fulham Street
Description
On August 26, the Council approved a cooperative agreement with Capital
Region Watershed (CRWD), the City of Lauderdale, Ramsey County and the
University of Minnesota for work on the Seminary Pond Project and an Outfall
Agreement with CRWD.
The outfall project involves restoring the ditch downstream of the outfall which
serves the Grove neighborhood. The outfall has been severely eroded overtime.
Work involves tree removal, grading, installation of additional storm sewer, turf
stabilization and tree restoration. The new design should eliminate the erosion
concern and make maintenance easier.
Currently this portion of the storm sewer outlet is not under any easements. In
order to construct the work a drainage easement from the property owners will
need to be approved. Attachment A is a drainage easement document which
would be dedicated to the City from the property owner. The cost of the easement
would be $2,100 based on the easement value of the land based on Ramsey
County tax records.
Budget Impact The cost of the easement is $2,100 which would be paid using storm sewer funds.
Attachment(s) • Drainage Easement
Action(s)
Requested
Staff would recommend approving the Drainage Easement at 1605 Fulham Street
and authorize the City Administrator and Mayor to execute all necessary
documents.
Meeting Date December 9, 2020
Agenda Item Policy G3
Attachment Easement
Submitted By Jesse Freihammer, City Engineer
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BLANK PAGE
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1
DRAINAGE EASEMENT
THIS INDENTURE is made as of this day of , 2020,
between Charles J. Smith as a Co-Trustee of the Charles J. Smith Trust Agreement dated August
3, 2016 as amended December 2, 2019 and Myrna G. Smith as a Co-Trustee of the Myrna G. Smith
Trust Agreement dated August 3, 2016 as amended December 2, 2019 (“Grantors”), and the City
of Falcon Heights, a Minnesota municipal corporation (“City”).
WITNESSETH:
That said Grantors, in consideration of Two-Thousand, One-Hundred and no/100ths
Dollars ($2,100.00) and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, do hereby grant and convey unto the City, and its successors
and assigns, permanent drainage easement solely for the existing drainage area, as shown in
Exhibit F, on, over, across and through a portion of the following described real property located
in Ramsey County, Minnesota, to-wit:
See attached Exhibit A;
Said easements being those parts of the above described parcels which are legally described as
follows:
See attached Exhibit B (collectively, the “Easement Areas”).
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The Easement Areas are shown as the areas labeled “Drainage Easement” on attached Exhibit C.
The grant of the foregoing easements includes the right of the City, and its contractors,
agents, employees, and successors and assigns, to enter upon and use the Easement Areas to
construct, reconstruct, inspect, operate, use, maintain, repair, drainage, other improvements and
appurtenances, on, over, across and through the Easement Areas; to grade, level, fill and drain the
Easement Areas; to excavate culverts, cuts, slopes and ditches within the Easement Areas; to
remove and import soils from and into the Easement Areas; to remove and replace fences, to
remove obstructions such as brush, undergrowth and trees, other than the ancient Eastern
Cottonwood (marked as No. 221 on the “Seminary Pond Improvements East Outfall Tree
Removals and Protections” attached hereto as Exhibit D) whether dead or alive from the Easement
Areas; and to do all other acts and things which are reasonably necessary for or incidental to the
enjoyment of the easement rights granted herein.
The Grantors, for themselves and their successors and assigns, require the City, and its
successors and assigns during an immediately impending drainage easement improvement project to
take all appropriate measures to protect the ancient Eastern Cottonwood Tree and likewise to take all
appropriate protective measures during any subsequent improvement project during which the tree is
still alive. If the Eastern Cottonwood Tree (No. 221 on Exhibit D) dies within two (2) years of the
improvement project or of a subsequent improvement project and its death was caused in whole or in
part by an act, or failure to act, by the City, its contractor, agents, employees, successor or assigns,
then the City or its successors or assigns shall pay the Grantors or their successor or assigns fifteen
thousand and no/100ths ($15,000.00) dollars as liquidated damages. If the culpability of the City or
its successor or assigns is in dispute that issue shall be resolved by the determination of an expert
arborist selected by the Department of Forestry, or its successor, within the University of Minnesota.
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The cost for the arborist’s conclusion shall be initially be paid one-half by the Grantors, their
successors or assigns, and one-half by the City, its successor or assigns. Provided further, if the
Grantors, their successors or assigns, prevail then the Grantor’s one-half share of the arborist’s fees
will be reimbursed to them by adding that amount to the liquidated damages award.
The Grantor hereby grants the foregoing easements for the purposes specified above without
divesting itself of, and by reserving unto itself, its successors and assigns, the right to use and enjoy
the above described Easement Areas, subject only to the right of the Grantee to use the same for the
purposes specified above.
The foregoing easements shall be binding upon the Grantor and its successors and assigns,
shall inure to the benefit of the City and its successors and assigns, and shall run with the land.
The Grantor, for itself and its successors and assigns, covenants with the City, and its
successors and assigns, that Grantor is the owner of the Easement Areas described herein and has
good right to grant and convey the easements given herein to the City.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, to the City, its successors and
assigns, forever.
[signature follows on next page]
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IN TESTIMONY WHEREOF, the Grantor have caused this easement to be executed as of
the day of , 2020.
GRANTORS:
By: _________________________ Myrna G. Smith
By: _________________________
Charles J. Smith
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing drainage easement was acknowledged before me this day of
, 2020, by Myrna G. Smith as a Co-Trustee of the Myrna G. Smith Trust Agreement dated August 3, 2016 as amended December 2, 2019, a Grantor AND, as Charles J. Smith as a Co-Trustee
of the Charles J. Smith Trust Agreement dated August 3, 2016 as amended December 2, 2019, a
Grantor.
Notary Public
Drafted By;
City of Falcon Heights
2077 Larpenteur Ave W
Falcon Heights, MN 55113
651-792-7600
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Exhibit A (1 of 1)
EXHIBIT A Legal Description
The North 15 feet of Lot four (4) and all of Lot (5), Oak Wood Ramsey Co. Minn. and the vacated alley and the East ½ (Should be West ½) of the North 153 feet of Fulham Street (vacated) accruing thereto and Ridgewood Terrace (vacated) accruing thereto. Abstract Property
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Exhibit B (1 of 1)
EXHIBIT B
Legal Description for Easement Areas
Beginning at the point of intersection of the northerly line of Lot 5, Oak Wood Ramsey Co. Minn., extended easterly, with the easterly line of the westerly one-half of Fulham Street (vacated); thence North 89 degrees 44 minutes 11 seconds West (Basis of Bearings: The
northerly line of Lot 5, Oak Wood Ramsey Co. Minn. Is assumed to bear North 89 degrees
44 minutes 11 seconds West), along the said northerly line of said Lot 5 extended and said Lot 5, for a distance of 123.56 feet; thence South 66 degrees 48 minutes 17 seconds West 19.50 feet; thence South 33 degrees 34 minutes 27 seconds East 40.30 feet; thence North 64 degrees 33 minutes 17 seconds East 49.33 feet; thence North 75 degrees 54 minutes 29
seconds East 13.21 feet; thence North 81 degrees 43 minutes 30 seconds East 32.15 feet;
thence North 77 degrees 18 minutes 17 seconds East 23.55 feet; thence North 83 degrees 39 minutes 19 seconds East 7.06 feet to a point on the easterly line of the westerly one-half of Fulham Street (vacated); thence North 00 degrees 18 minutes 57 seconds East, along the easterly line of the westerly one-half of Fulham Street (vacated) a distance of 5.70 feet to
the Point of Beginning,
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Exhibit C (1 of 1)
EXHIBIT C
Depiction of Easement Areas
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EXHIBIT D
Tree Exhibit
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9
4
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9
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CONSTRUCTION LIMITS
1
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EXHIBIT E
Drainage Area
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92
8
976
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9
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2
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982
986
938
926
978
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96
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9
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Prepared by:
Engineering Department
Data Sources and Contacts:* Ramsey County GIS Base Map (11/2/15)* City of Roseville Engineering DepartmentFor further information regarding the contents of this map contact:City of Roseville, Engineering Department,2660 Civic Center Drive, Roseville MN
DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided.
´
0 80 160 240 320 FeetFulham St & Folwell AveDrainage Area
October 23, 2020
mapdoc: Fulham & Folwell Drainage.mxdmap: Fulham & Folwell Drainage.pdf
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Hoyt Ave
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve no parking resolution- Cleveland Ave from Larpenteur Ave to Como
Ave.
Description
Ramsey County is proposed to rehabilitee Cleveland Ave from Larpenteur Ave
to Como Ave. This street is a part of the County State Aid Highways (CSAH)
system.
The parking restrictions on this street are not changing. The State requires a
Council resolution prohibiting parking where street width does not meet State
Aid standards for parking on both sides. This action item is a formality for State
Aid approval of the project.
Budget Impact This action has no impact to the budget, as no parking signs are already in place.
Attachment(s) • Resolution 20-56 Prohibiting Parking from Various Sections of Cleveland
Avenue Between Como Avenue and Larpentuer Avenue Within the City
of Falcon Heights
Action(s)
Requested
Staff recommends approval of attached resolution for no parking on Cleveland
Ave from Larpenteur Ave to Como Ave.
Meeting Date December 9, 2020
Agenda Item Policy G4
Attachment No Parking Resolution
Submitted By Jesse Freihammer, City Engineer
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
December 9, 2020
No. 20-56
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION PROHIBITING PARKING FOR VARIOUS SECTIONS OF CLEVELAND AVENUE BETWEEN COMO AVENUE AND LARPENTUER AVENUE
WITHIN THE CITY OF FALCON HEIGHTS WHEREAS, Cleveland Avenue from Como Avenue to Larpenteur Avenue is County State Aid Highway 46 (CSAH 46), which is part of the County State Aid Highway system;
AND WHEREAS, such roadways are proposed to be rehabilitated using State Aid funds and the rehabilitation of such roadways must conform to established State Aid standards; AND WHEREAS, Cleveland Ave between Como Avenue and Hoyt Avenue, parking will be
restricted on the east side of the street and “no parking” signs will be posted.
AND WHEREAS, Cleveland Ave between Hoyt Avenue and Larpenteur Avenue, parking will be restricted on both sides of the street and “no parking” signs will be posted.
NOW THEREFORE BE IT RESOLVED by, the City Council of the City of Falcon Heights, that
parking is hereby prohibited on the east side of Cleveland Ave from Como Avenue to Hoyt Avenue and on both sides of the street between Hoyt Avenue and Larpenteur Avenue.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh
ANDREWS ___ Against City Administrator LEEHY WEHYEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Amendment to Chapter 113 Regarding Drive Throughs
Description Summary of Request
The City has received a request from the owner of Dino’s Mediterranean Fresh (1700
Snelling Drive) for an Ordinance Amendment related to drive-through facilities. The
City’s Zoning Ordinance currently prohibits drive through facilities for any use aside
from financial institutions. City staff have prepared a draft ordinance on behalf of the
applicant to accommodate their facility. It should be noted that the draft provisions
would still require the owner to obtain a conditional use permit, which is not a
component of this request. Should the amendment be adopted the applicant would
need to apply for conditional use permit review which would involve consideration at
a subsequent date.
Planning Commission Action
At their November 24th 2020 meeting, the Planning Commission held a public hearing
and following the public hearing voted unanimously to recommend the City Council
deny the ordinance amendment.
The Planning Commission received public input before the hearing and community
members attended the meeting to speak in person. Comments from the public
centered around the history on the matter of a drive through for Dinos at this location.
The community expressed that the conditions have not improved for operating a drive
through in this location, citing worsened traffic, loading, parking, and circulation
issues in and around the parking lot and alley, the cut through traffic on Crawford,
and the aesthetics and noise associated with a drive through. The community and
Planning Commissioners expressed dismay over the easing of the existing performance
standards that would be necessary to enable a drive through in this location. The
Planning Commission expressed concern for amending the ordinance for one business.
Ordinance Amendment Procedures
Section 113-35 of the Falcon Heights City Zoning Code provides the process and
requirements relating to amendments to the Code. The process involves public
notification; a public hearing, review and recommendation by the Planning
Commission; followed by review and consideration by the City Council. The
Ordinance states that no amendment to the code shall be considered which is in
Meeting Date December 9, 2020
Agenda Item Policy G5
Attachments Ordinance & Supporting Documents
Submitted By Molly Just, Interim Community
Development Coordinator
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conflict with the Comprehensive Plan.
Background
On February 8, 2006, the City Council approved an interim ordinance temporarily
prohibiting the granting of any permit to build a new drive-through business facility
while the City undertook a study of the impact of drive-through uses in the
community. A copy of that study is enclosed for reference. On July 12, 2006, the City
Council received the final report on the study and voted to support changes in the
Falcon Heights City Code that would limit drive-through services to financial
institutions in B-2 zones as a conditional accessory use with additional zoning
restrictions. On September 13, 2006 the City Council approved the Ordinance
provisions that are currently in place.
Current Ordinance Requirements
Definition:
Drive-through facility means the use of land, buildings or structures, or parts
thereof, to provide or dispense products or services, either wholly or in part,
through an attendant or window or automated machine, to persons remaining in
motorized vehicles that are in a designated stacking lane. A drive-through facility
may be permitted only as an accessory use in combination with a bank of financial
institution. A drive-through facility does not include a vehicle washing facility, a
vacuum cleaning station accessory to a vehicle washing facility, or an
automobile/gasoline service station.
Performance Standards:
Sec. 113-252 - Drive-through facilities
Drive-through facilities are prohibited except when specifically allowed by a
conditional use permit in a zoning district. When allowed, all drive-through facilities
must comply with the following requirements:
(1) The drive-through facility, service window and speakers must be located at least
100 feet from a residential zoned or used property and must be visually screened
from adjoining residential property.
(2) The entrance and exit drive lanes to the drive-through facility must be at least 75
feet from a street intersection.
(3) The lot on which the drive-through facility is located must be at least 35,000
square feet in area.
(4) The minimum on-site stacking distance available for the drive-through must be
180 feet in length.
(5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and
8:00 p.m.
(6) No speaker noise may be audible from adjacent residential property.
(7) A traffic study must be completed documenting that the drive-through facility
will not create traffic problems.
164 of 203
District Provisions
Sec. 113-178 - B-2 limited business district
(d) Conditional uses. The following uses are permitted subject to the issuance of a
conditional use permit (CUP):
(1) Drive-through facilities as an accessory use to a financial institution.
Proposed Ordinance Requirements
In response to the applicant’s request City staff drafted the ordinance amendment that
would allow drive through facilities as a conditional accessory use, and modifies the
performance standards in a manner that would allow the applicant’s facility to be able
to achieve compliance. Additionally, staff drafted an additional provision that would
require screening of drive through facilities. The provisions are as follows:
Definition:
Drive-through facility means the use of land, buildings or structures, or parts
thereof, to provide or dispense products or services, either wholly or in part,
through an attendant or window or automated machine, to persons remaining in
motorized vehicles that are in a designated stacking lane. A drive-through facility
may be permitted only as an accessory use in combination with a bank of financial
institution. A drive-through facility does not include a vehicle washing facility, a
vacuum cleaning station accessory to a vehicle washing facility, or an
automobile/gasoline service station.
Performance Standards:
Drive-through facilities are prohibited except when specifically allowed by a
conditional use permit in a zoning district. When allowed, all drive-through facilities
must comply with the following requirements:
(1) The drive-through facility, service window and speakers must be located at
least 10075 feet from a residential zoned or used property and must be visually
screened from adjoining residential property.
(2) The entrance and exit drive lanes to the drive-through facility must be at least
7520 feet from a street intersection.
(3) The lot on which the drive-through facility is located must be at least
35,00020,000 square feet in area.
(4) The minimum on-site stacking distance available for the drive-through must
be 180 feet in length5 stacking spaces.
(5) Drive-through facilities may only be operated between the hours of 7:00 a.m.
and 8:00 p.m9:00 p.m.
(6) No speaker noise may be plainly audible from adjacent residential property.
(7) A traffic study must be completed documenting that the drive-through
facility will not create traffic problems.
(8) A 10-foot buffer area with screen planting and/or an opaque wall or fence 6
feet in height shall be required between the drive-through lane and any
property line adjoining a public street or residentially zoned property or
property in residential use and approved by the Zoning Administrator.
165 of 203
District Provisions
Sec. 113-178 - B-2 limited business district
(d) Conditional uses. The following uses are permitted subject to the issuance of a
conditional use permit (CUP):
(1) Drive-through facilities as an accessory use to a financial institution.
Sec. 113-179 - B-3 Snelling and Larpenteur community business district
((d) Conditional uses. The following uses are permitted subject to the issuance of a
conditional use permit (CUP):
(15) Drive-through facilities as an accessory use to a financial institution or eating
establishment.
Comprehensive Plan Guidance
The term “drive through” is not specifically stated in the Comprehensive Plan. As
such, one must look at the broader goals and policies to assess whether expanding
provisions for drive throughs is consistent with the document.
A number of the relevant goals and policies are provided below for reference. A
digital copy of the plan is provided on the City website:
https://www.falconheights.org/government/community-development-planning-
and-zoning
General Land Use Goals:
2. To minimize land use and traffic intrusions that adversely impact established
neighborhoods.
General Land Use Policies:
8. Permit only compatible businesses adjacent to residential uses and in mixed
commercial/residential development, and place special conditions upon business uses
to assure compatibility when appropriate.
Commercial/Business Land Use Goals
2. To ensure maximum compatibility with adjacent neighborhoods.
3. To ensure access and safety for pedestrians and those using non-motorized
transportation
4. To improve the image and function of the Larpenteur Corridor and the commercial
core at Snelling/Larpenteur.
5. To improve access, traffic circulation and on-site parking for the Commercial Core at
SneIling/Larpenteur.
Commercial/Business Land Use Policies
7. Maximize land use compatibility by requiring buffering, screening and landscaping
between new commercial uses and residential areas and, wherever possible, between
existing commercial uses and residential uses to minimize conflict
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In discussion regarding the future direction of the business oriented land uses, the Plan
states the following intentions: “create an attractive, easily accessible, walkable and
visually secure commercial area for retail customers. minimize adverse impacts on
adjacent residential areas…”
Conclusion
Since drive-throughs are not specifically mentioned in the Comprehensive Plan; the
decision on the proposed Ordinance is a policy matter at the discretion of the City
policy making bodies. Public comment was taken by the Planning Commission. There
were several written comments in support of the text amendment, but the majority of
the comments and all in-person comments were in opposition to the text amendment.
The Planning Commission voted unanimously to recommend that the City Council
deny the text amendment. Staff does not support the text amendment as there does
not appear to be community support for drive through eating establishments in the B-3
district.
Budget
Impact
N/A
Attachments • Draft Ordinance 20-XX Chapter 113 Drive Through Facilities
• Draft Summary Ordinance 20-XX Chapter 113 Drive Through Facilities
• 2006 Drive Through Facilities Zoning Study by Cornejo Consulting
• Public Comments Received
Action(s)
Requested
Staff requests that the City Council take action on the application for a zoning
ordinance amendment to allow drive through eating establishments in the B-3 zoning
district.
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194 of 203
This message is in response to the communication received about the request made by Dino's for an amendment
to allow a drive-through. I'm disappointed that we are revisiting this request. The neighbors voiced their opinions
and made clear their feelings about this a number of years ago - those have not changed. The addition of a drive-
through at this location would bring an unwanted change to the personality of this residential neighborhood. Close
as we are to the business district, this would be a distraction totally out of character with the surrounding homes.
At the time of the last request, we did manage to get a stop sign stating "No Right Turn" onto Crawford. I can tell
you that it is basically ignored by a large percentage of the vehicles leaving the Dino's parking lot. While I realize
they are not in a position to monitor this, I feel that if this amendment is approved, any promises made about
noise, lighting, and additional traffic will also be ignored. Crawford is already used as a cut-through for vehicles
gaining access to Snelling. The addition of a drive-through will only increase that traffic.
I find it interesting that the hearing on this matter lands on the day before a holiday, during a pandemic that
demands social distancing and a populas exhausted from a fractious election. I hope that a light turnout from the
citizenry will not be construed as a lack of interest on our part.
I appreciate your taking the time to consider these comments on what I believe would be a poor decision for
Falcon Heights. The statement at the bottom of your stationery says "Families, Fields and Fair." I don't see a drive-
through fitting into any of those areas.
Jean McPherson
1724 Asbury Street
Received on 11/16/2020
Hi Sack and the City Council,
I am unable to attend the public hearing tomorrow due to concerns around COVID, but would like to send
comments. I live on Asbury a half a block away from Dino's. My primary concern is the potential for increased
traffic out the exit on Crawford and increased traffic down Asbury. There are multiple families with young children
on this street, and I am very concerned about safety. We don't have sidewalks and so children use the street to
ride bikes. People are also walking and walking dogs, and any increase in non-residential traffic through the
neighborhood is dangerous.
The drive-through ordering systems are often loud, and would be obnoxious for those living close-by. This is not a
business district.
Dino's is not as fast as restaurants like McDonalds, and a drive-though would very likely back up quickly as
customers wait for orders. The Chipotle drive-through near County Rd C and Snelling is a prime example. It creates
a huge back-up of cars and is not convenient as a patron. The Dino's parking lot is not very big, and this could
create significant traffic problems.
I do also think that this change to the city code would set a problematic precedent.
I am strongly against this change in city code, as well as the more specific request for a Dino's drive-through.
Best,
Anna Milone
(1738 Asbury St)
195 of 203
Hello Randy and Sack,
I sent in an email comment supporting the drive-through ordinance change, but would also like to suggest that
during a crisis as acute as Covid has been for businesses, that the City should move at a pace much quicker than
usual. Waiting for the next regularly scheduled City Council meeting or other regularly paced procedure won't
save businesses that have had their income stopped. The Federal Government moved very quickly with
extraordinary legislation, at least initially, and I don't see why a small city can't be even more nimble.
Thanks for your consideration.
--
Les Everett
1794 Tatum St., Falcon Heights, MN 55113
Planning Commission,
Our household is in favor of updating the City Code to allow for a drive-thru for Dino's restaurant. Our city has
so few commercial businesses, and we believe it is important to support those that are here.
As a family with small children, it would make it immensely easier for us to eat at Dino's with a drive-thru
option. And with COVID-19 regulations constantly in flux (for who knows how long), it seems wise to allow this
restaurant another option for serving customers without requiring them to come inside the building.
We are not personally concerned about any extra traffic this could bring to the neighborhood. The vast majority
of cars are going to be heading away from the neighborhood toward Snelling, as most of them already do.
Thanks,
Jacob and Ashley Brooks
Falcon Heights residents
Received on 11/23/20
Hello,
I will not be attending the hearing this evening.
For several reasons I am against allowing drive-throughs in Falcon Heights.
Sincerely,
Jody Wirth
1795 Pascal
I support Dino's adding a drive-through. However, I am concerned about new fast food establishments
being built in the area. I would like the council to discourage new fast food establishments.
Is it possible to craft the ordinance amendment to only allow drive-throughs at existing restaurants? In
other words, it would NOT apply to new construction or new restaurants built in the B-3 district.
Thank you,
Shawn Hubert
1525 Iowa Ave W
196 of 203
To Whom It May Concern:
I am writing to you regarding Dino's Mediterranean Fresh's application to amend to allow drive-throughs in the B-
3 business zoning district.
As a resident living in close proximity to Dino's, I vehemently and categorically oppose a drive-through
amendment for Dino's Mediterranean Fresh. While the restaurant may be in a business zoning district, it is
abundantly clear that the additional traffic a drive-through would bring would inevitably spill onto Crawford and
Asbury. Dino's is not exactly a fast food restaurant; this is perfectly fine for carry-out and dine-in (when it is again
available), but if even 3-4 cars attempt to use the drive-through, several of these cars will be waiting on the
residential streets for long periods of time, and lunch and dinner rushes would certainly bring even more traffic to
idle on the residential streets.
These are residential streets where many children play regularly, mine included, and despite our best efforts to
teach our children to be aware of cars that pass down the street, the additional traffic a drive-through would
bring is an unwelcome and unnecessary danger.
Thank you for your time and attention to keeping our residential area truly residential and free of the influx of
additional vehicles on our streets a drive-through would certainly bring.
--
Kyle Warner
Members of the Planning Commission,
So many years ago, it was so clear to both residents and the businesses that this would not be acceptable, that I’m
surprised it’s being revisited. I’d highly recommend revisiting all of those conversations.
I don’t think it’s a good idea -- for all the same reasons it wasn’t a good idea before. My memory is that
administration, council and neighbors all opposed it.
There’s ample seating, ample parking, and the loss of green space and addition of so much more asphalt and traffic
is not necessary, except to Dino’s.
Also, drive-throughs haven’t been allowed city-wide (intentionally) and this would open the door for even more.
(This isn’t a good reason in and of itself, but along with the others, I think it’s valid to state.)
Our city plans state that we want this area to be a destination. They explicitly state that. Drive-throughs make it
feel like a place to move through, not a destination.
I like Dino’s a lot, but if that’s what they’re looking for, maybe finding a location up the road toward the mall would
suit them. And I don’t mean that with dismissal or anger. It’s just that the northern area of Snelling is a drive-
through area and meant for that and zoned for that. I’d rather not have FH look like that even a little.
Thanks for considering this view – thanks for taking comments. Please don’t recommend that this proposal by
Dino’s go through.
Thank you,
Kris Grangaard
1777 Simpson Street
197 of 203
To Whom It May Concern,
I am writing to express concern with amendments to city policies that would allow for a drive-through at Dino's. I
would attend the meeting tonight, but I am working and unable to attend.
If these changes are approved, and Dino's opens a drive through, I expect traffic will pass either up Asbury or up
the frontage road, since people cannot turn left onto Snelling from Crawford. I imagine this would be a significant
increase in cars, many without care for the community. Falcon Heights is home to many people starting
families. While my children are nearly grown, there are always young families in Falcon Heights and thus
protecting traffic flow is important. Right now, Asbury street is home to many families with young children.
I also have concerns regarding sound issues. Drive through speakers can be loud. I can’t imagine that it would not
be heard by the nearby houses and this really would be an unacceptable living situation for anyone nearby. There
also could be issues with headlights that shine into nearby neighbor’s homes. I imagine there would be issues with
car back-ups in this area as it already quickly becomes congested between the entrance/exit from Snelling to/from
the parking lots, Crawford and up Asbury.
While I know some neighbors received letter alerting them to this meeting, I live ½ block away and did not receive
a letter. I understand that the letter of the law may have been followed and only homes within a specific proximity
were alerted, due to the way notification laws are written. However, my hope for my city is that homes impacted,
even if outside the required notification distances, would be contacted. I can’t imagine there is a law against
doing so. Failure to fully alert the community and scheduling the meeting on the Tuesday before a holiday week-
end does not seem like strong effort to include the community in this process.
I hope you will seriously consider the impacts on the surrounding community if regulations are amended to allow
Dino’s to have a drive though. I support Dino’s having a business in our community and wish them to be
successful. However, adding a drive through so close to private homes and in a community that houses many
young children is not something I can support.
Best Regards,
Salina Renninger
1764 Asbury Street
I'm writing in general support of the proposed ordinance change "Amendment to Chapter
113 regarding drive through facilities."
Note that while I agree with the proposed change, I am also concerned with protecting the
surrounding residential neighborhood from being disturbed by increased noise and traffic.
When issuing a conditional use permit to a specific establishment, is it possible to add restrictions when necessary? For instance, one option would be to allow pick-up windows
as opposed to an order-taking speaker system.
Also, I think that if there were stores that were non-food establishments, they should also
be included and allowed in this ordinance.
Bev Larkin
1725 Saint Marys Street Falcon Heights, MN 55113-5722
Received 11/21/20
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Hello. My name is Joy Faust. My husband Paul and I live across Crawford Avenue from Dino’s Mediterranean
Fresh. We are opposed to any amendment to the city code to allow drive-throughs in the B-3 business zoning
district. We moved to Falcon Heights 20 years ago as we were aware this small community was residential and
did not allow drive- through restaurants. The Dino’s restaurant has been on-site for many years already and we
have been dealing with the noise, extra traffic, and increased trash that is a part of living next to a fast-food
restaurant. We have children, have neighbors with children, and appreciate the safer streets and residential
aspect of this neighborhood. If a drive- through is allowed, our property values will decrease, and we will have to
contend with more trash in our yard and streets. We will have to be hyper-vigilant about residential street safety,
and we will have to deal with very disturbing noise at all hours of the day. I work full-time from home, in a
basement office facing Crawford Avenue. Increased drive-through noise will adversely affect my employment
environment on an hourly basis. Please consider dismissing this request to amend the City Code. There are no
benefits to the city, and only detriments to all the residential neighbors in surrounding area. Thank you for your
consideration.
Joy Faust
Received 11/21/20
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ORDINANCE NO. 20-XX
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 113
OF THE FALCON HEIGHTS CITY CODE
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1 Section 113-3 is amended as follows. Deletions are shown with a strikethrough.
Sec. 113-3 - Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Drive-through facility means the use of land, buildings or structures, or parts thereof, to provide
or dispense products or services, either wholly or in part, through an attendant or window or
automated machine, to persons remaining in motorized vehicles that are in a designated stacking
lane. A drive-through facility may be permitted only as an accessory use in combination with a
bank of financial institution. A drive-through facility does not include a vehicle washing facility,
a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline
service station.
SECTION 2 Section 113-179 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 113-179 - B-3 Snelling and Larpenteur community business district
(d) Conditional uses. The following uses are permitted subject to the issuance of a conditional
use permit (CUP):
(15) Drive-through facilities as an accessory use to a financial institution or eating
establishment.
SECTION 3 Section 113-252 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 113-252 - Drive-through facilities
Drive-through facilities are prohibited except when specifically allowed by a conditional use
permit in a zoning district. When allowed, all drive-through facilities must comply with the
following requirements:
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(1) The drive-through facility, service window and speakers must be located at least
10075 feet from a residential zoned or used property and must be visually screened
from adjoining residential property.
(2) The entrance and exit drive lanes to the drive-through facility must be at least 7520
feet from a street intersection.
(3) The lot on which the drive-through facility is located must be at least 35,00020,000
square feet in area.
(4) The minimum on-site stacking distance available for the drive-through must be 180
feet in length5 stacking spaces.
(5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and 8:00
p.m9:00 p.m.
(6) No speaker noise may be plainly audible from adjacent residential property.
(7) A traffic study must be completed documenting that the drive-through facility will not
create traffic problems.
(8) A 10-foot buffer area with screen planting and/or an opaque wall or fence 6 feet in
height shall be required between the drive-through lane and any property line adjoining
a public street or residentially zoned property or property in residential use and
approved by the Zoning Administrator.
SECTION 4 Section 113-315 is amended as follows. Deletions are shown with a strikethrough.
Successive sub-sections are re-numbered as appropriate.
Sec. 113-315 - Design and maintenance of off-street parking areas
(r) Off-street parking requirements. Off-street parking spaces required (one space equals 350
square feet) shall be as follows unless the city determines, based upon a professional
analysis of parking for any specific use, that a reasonable parking ratio for such use should
be otherwise:
(11) Drive-in food or fast food establishments. One space for each 15 square feet of gross
floor space in the building allocated to drive-in operation, plus additional space as may
be determined by the zoning administrator based upon advice from the planning
commission. Drive-through lanes for food pick-up must be able to stack eight cars on
site without interfering with the site parking.
SECTION 5 This ordinance shall be effective upon its passage and a summary published in the
official newspaper.
ADOPTED this ## day of MONTH, 2020, by the City Council of the City of Falcon Heights,
Minnesota.
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Moved by: Approved by: ________________________
Randall Gustafson
Mayor
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GUSTAFSON ___ In Favor Attested by: ________________________
LEEHY Sack Thongvanh
MIAZGA ___ Against City Administrator
WEHYEE
ANDREWS
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SUMMARY ORDINANCE NO. 20-XX
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 113
OF THE FALCON HEIGHTS CITY CODE
CONCERNING DRIVE THROUGH FACILITIES
This ordinance amends Chapter 113 of the Falcon Heights City Code concerning drive through
facilities. The amendment allows drive throughs as a conditional accessory use to restaurants and
modifies performance standards for drive through facilities within the City.
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
_____ day of ______, 202_.
CITY OF FALCON HEIGHTS
BY: ________________________________
Randall C. Gustafson, Mayor
ATTEST:
_____________________________________
Sack Thongvanh, City Administrator
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