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HomeMy WebLinkAboutCity_Council_Packet_5-27-2020CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 27, 2020 at 7:00 P.M. A. CALL TO ORDER: B. ROLL CALL: GUSTAFSON ___ ANDREWS____ LEEHY___ MIAZGA ___ WEHYEE___ STAFF PRESENT: THONGVANH____ C. PRESENTATION 1. Neal Kwong Award – Lillyan Stuart D. APPROVAL OF MINUTES: 1. February 5, 2020 City Council Workshop Meeting 2. May 6, 2020 City Council Workshop Meeting 3. May 13, 2020 Regular City Council Meeting E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 5/20/20 $61,511.21 Payroll through: 5/15/20 $19,772.83 G: POLICY ITEMS: 1. Temporary Outdoor Customer Service Areas 2. Resolution Denouncing Hate Speech-Acts 3. Request to Rescind Interim Ordinance 20-04 Prohibiting the Cultivation of Gardens in the Front Yards H. INFORMATION/ANNOUNCEMENTS: 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: BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Neal Kwong Youth Citizen Award – Lillyan Stuart Description The Neal Kwong Youth Citizenship Award was established September 2000 in memory of Neal Kwong. Neal Kwong, a youth leader and Eagle Scout, died suddenly early in August while at Boy Scout camp. Neal was an active coach, volunteer, and great young citizen. In his memory, we wish to establish the Neal Kwong Youth Citizenship Award to recognize outstanding youth leaders, volunteers, and citizens in their work here in Falcon Heights. We recommend that the award be granted annually to one person between the age of 12 and 21, who displays outstanding leadership, volunteerism, or citizenship while making contributions to the Falcon Heights community. The recipient would be recognized by the City Council, receive acknowledgement on a plaque at City Hall, and be highlighted in the city newsletter. These youth could be recommended through the schools, a nomination process, or by individual citizens of Falcon Heights. Mr. Gary Kwong would recommend awarding the Neal Kwong Citizenship Award to Lillyan Stuart. Lilly saw a need for building the self-confidence of others, and exemplifying what it is to be a positive role model because she herself needed both of these things to excel and belong. She volunteers for a similar reason - she has been given a talent in the arts and wants to share her enthusiasm and joy for it with others while also meeting the needs of marginalized/minority groups (the elderly, etc.) because she herself had to find a way to belong in the community as both a female and also a young woman of color. Budget Impact No significant impact on the adopted 2020 budget. Attachment(s) • Resolution 20-22 Awarding the Neal Kwong Youth Citizen Award to Lillyan Stuart • Nomination Form and Recommendation Letter Meeting Date May 27, 2020 Agenda Item Presentation C1 Attachment Resolution and Nomination Form Submitted By Nalisha Nandkumar, Assistant to the City Administrator 1 of 41 Action(s) Requested Motion to approve the attached resolution and award the Neal Kwong Youth Citizen Award to Lillyan Stuart. 2 of 41 “I will love life more than anybody I will ever know.” Neal Kwong, 1990 Please nominate a person between the ages of 12 and 19 who either lives in Falcon Heights or has volunteered within Falcon Heights. Nominators are encouraged to attach extra pages if required. Name of Nominee Lillyan Stuart Age 17 Phone 6512000199 Full Address 1507 California Avenue Falcon HeightsMN55108 Name of Nominator Sarah Syverson Phone 6127470336 Email syverson.sarah@gmail.com Your Relationship to the Nominee Aunt How has the nominee demonstrated outstanding leadership, volunteerism, or citizenship? Lilly is a wonderful young lady that I am honored to know and nominate. She is an excellent candidate for the Neal Kwong Award. She is an exceptional role model and leader to other youth and children. I know this from personal experience since my two daughters, aged 9 and 12, look up to Lilly and reap many benefits from knowing her. Not only has she been a role model to younger kids like my daughters, but she has been a leader at her school and a volunteer in the community. In 2018 she started "The Sunshine Club" at Roseville Area High School to spread positivity and do community service. She saw a need to encourage and empower younger students through the friendship and inclusive activities led by older student mentors. Give a specific example or two of what the club does such as help orient new students and freshmen to the high school, etc. She has been the captain of her soccer team the past two years at Roseville Area High School where she again uses her leadership skills to build a cohesive and positive team with lots of spirit. She is the current Vice President of Student Council where she helps coordinate social activities including Homecoming and Prom. She was also the director of the Spring RAHS Musical 2020. In this role she not only directed her peers, but she also enlisted the help of four of her younger cousins (ages 8, 9, 10, and 12) to help her coach the high school students in the dance auditions for the show. Lilly also volunteers in the community. She has volunteered to work with differently-abled adults at the Sabes Jewish Community Center to introduce them to the arts through Hennepin Theater Trust.These are just a few examples of ways Lilly exemplifies perseverance, joy and inclusivity through her leadership and volunteering. Is there anything you would like us to know about the nominee that will help us understand why you are nominating him or her (e.g. personal qualities, challenges, or interests)? Lilly saw a need for building the self-confidence of others, and exemplifying what it is to be a positive role model because she herself needed both of these things to excel and belong. She volunteers for a similar reason - she has been given a talent in the arts and wants to share her enthusiasm and joy for it with others while also meeting the 3 of 41 needs of marginalized/minority groups (the elderly, etc.) because she herself had to find a way to belong in the community as both a female and also a young woman of color. Resume (Optional) 4 of 41 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 27, 2020 No. 20-22 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION AWARDING THE NEAL KWONG YOUTH CITIZENSHIP AWARD TO LILLYAN STUART WHEREAS, the Neal Kwong Citizenship Award was established in September 2000 in memory of Neal Kwong who passed away suddenly at a Boy Scout Camp; and WHEREAS, the award will be granted annually to one person between the age of 12 and 21, who displays outstanding leadership, volunteerism, or citizenship while making contributions to the Falcon Heights; and WHEREAS, the recipient would be recognized by the City Council, receive acknowledgement on a plaque at city hall, and be highlighted in the city newsletter; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota award Lillyan Stuart the Neal Kwong Youth Citizenship Award. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ____ Against City Administrator LEEHY WEYHEE 5 of 41 BLANK PAGE  6 of 41 1 | Page CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA February 5, 2020 6:30 P.M. A. CALL TO ORDER: B. ROLL CALL: ANDREWS _X__ GUSTAFSON_X___ LEEHY_X__ MIAZGA _X__ WEHYEE_X__ STAFF PRESENT: THONGVANH_X___ LOR_X___ MARKON __X___ C. PRESENTATIONS: D. POLICY ITEMS: 1. Metropolitan Council Update – Peter Lindstrom • 2. City Logo – Draft #1 and #2 • Changes to the logo: o The body of the falcon has a pigeon or dove body frame. Council request to make the body smaller o Wings: an open wing like it’s giving out a hug o More abstract style o Council request staff to keep searching for logo examples o If Council hires a long-term graphic designer contractor then city will compensate for labors, hours, and revision requests. o City staff will communicate with current designer to provide contract and fee due to the demands of continuous changes that will appear along the year o Sub-committee: City Administrator Thongvanh, Councilmember Leehy and City Staff Lor will meet to discuss the needs of the logo 3. Vegetation Code Update • It is not eliminating turf grass; however, it must be maintain and cannot exceed over 6 inches • Right of Way (ROW) setback is 2 feet and plantings in ROW are not allowed • Native or ornamental plants must be maintain at 10 inches or less • Tree or shrubs must protect the soil and aesthetic values on the lot and adjacent property 4. Parking and Snow Policy • Public hearing at the City Council meeting on February 26 7 of 41 2 | Page • Changed snow removal parking language from “curb to curb” to “full width” and vehicles must remain off street if it snows an additional of 2 inches E. INFORMATION/ANNOUNCEMENTS • City received calls that there will be protestors at the Minnesota Legislator event on Saturday, February 8 • Amber Union state conduit fund will be in January 2021 F. ADJOURNMENT: ________________________________ Randy Gustafson, Mayor Dated this 5th day of February, 2020 _________________________________ Sack Thongvanh, City Administrator 8 of 41 CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA May 6, 2020 6:30 P.M. THIS MEETING WAS CONDUCTED VIA WEB CONFERENCE. A. CALL TO ORDER: Mayor Randall Gustafson called the meeting to order at 6:35 p.m. B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__ MIAZGA _X__ WEHYEE_X__ STAFF PRESENT: THONGVANH__X__ MARKON__X__ C. PRESENTATIONS: D. POLICY ITEMS: 1. Fire Department Audit • The City adopted a professional service agreement with the City of Roseville on December 11, 2019. One of the requirements of the agreement was that Roseville would conduct and present an audit of the department within 120 days after adoption of the agreement. A more formal review of the audit will take place at a regular meeting. • Assistant Chief Brosnahan made the presentation, highlighting the transition and overview of the department, noting that first tasks were to establish trust and build up the organization. • Currently, daytime response is the priority along with recruitment of new members, ideally those who could respond during the daytime. There has been an uptick in applications recently. Assistant Chief Brosnahan noted that 22-25 would be an appropriate number of firefighters, and there are currently 13. • Second highest need is capital outlay. Face and neck hoods and helmets have been ordered. Radios and turnout gear will also be in need of replacement soon. • Training is on-going, mostly moved to virtual during pandemic. The system is effective with quizzes, tests, and YouTube videos. A more robust system is available for added cost. • City Administrator Thongvanh noted that the fire department culture has shifted, and Assistant Chief Brosnahan said that trust is building and moving in a positive direction. a. Fire Services to the City of Lauderdale • Any modifications to contract have to be communicated by July 2020. • Calculation formulas are used for operations and capital. 9 of 41 • Firefighters are able to respond to more calls because of contract with Lauderdale. • State Fire Aid flows to fire relief association. 2. Pavement Management Program • The presentation is a follow-up from a few meetings ago, with the goal of this workshop to have a discussion based on the condition of roads. • City Engineer Freihammer summarized that the original option included mill and overlay on various sections and a reclaim of Garden Avenue. A new option would add mill and overlay on Pascal and Albert Streets and remove Garden Avenue. This was precipitated by delamination of the seal coating. • There are other options for improving and paying for Garden Avenue, and pushing back this project would be favorable in light of the pandemic, which is not ideal for neighborhood walk throughs. • City Engineer Jesse Freihammer noted that the mill and overlay project usually takes two to three weeks per street. • The street project will take place next spring and summer, with feasibility studies and assessment hearings and bids occurring throughout the remainder of 2020. 3. Advertisement Policy for Newsletter • Assistant to the City Administrator Nalisha Nandkumar presented the policy at previous workshops. There was previous concern about location of ads in newsletter. • Council members discussed that it would be appropriate for restaurants to have ads, as long as advertisements did not explicitly promote liquor and tobacco. 4. Community Garden –Interim Ordinance • Vegetable gardens were not considered when native landscaping ordinance was discussed. • An interim ordinance would allow up to one year for study to set parameters on gardening on residential lots. • Staff will develop an interim ordinance for a future meeting. 5. Dino’s Drive-Thru • The owners of Dino’s approached the city and requested full installation of the drive-through lane. This request is made in light of the loss of business due to the pandemic and the belief that safety measures will not dissipate soon. • Dino’s representative Doug Oaks noted they are willing to put up sound barriers, fencing, and shrubs to accommodate and be a good neighbor. • City Administrator Thongvanh noted that this project would necessitate amending city code after a formal application is received and a hearing is held with the Planning Commission. 6. IT Services Update • Metro-INET provides technology services to 35 agencies. 10 of 41 • With departure of top two administrators, there is a discussion around changing structure with whole program owned/managed by City of Roseville to instead a joint powers agreement. • Costs associated with IT and level of services are very good. 7. Election Notices • Project could include a postcard mailed to all residents to provide information about upcoming elections. • This mailing could be sent as a separate mailing, or the relevant information could be included in the next city newsletter. • Council member(s) could discuss content and design with staff with other input from Ramsey County. • Mailing could be sent for municipal and school board elections as well. 8. Proposed Resolution Outlawing Hate Speech-Acts • Consideration was given to change the resolution to denouncing hate speech and acts. • Community Engagement Commission will continue reviewing the resolution. 9. Sanctuary City • Ramsey County Sheriff Office does not automatically coordinate with ICE. • Minneapolis and St. Paul classify themselves as welcoming cities. • Could possibly integrate welcoming city language/status into resolution. • Community Engagement Commission will continue reviewing. E. INFORMATION/ANNOUNCEMENTS • There will be a resolution calling for a conduit bonding public hearing. The public hearing will be at the June 10th meeting, which may take place in person with appropriate social distancing. • The current local emergency expires at the end of the month. Staff will request that the local emergency be extended without an end date, until the City Council ends it. • The city is considering cancelling the summer parks programming and how to best open parks and courts. • The medians on Larpenteur Avenue are in need of maintenance and upkeep and some are unsafe when turning off Larpenteur Avenue. Council members requested an update at a future council meeting with a cost and layout proposal. • Various first responders and vehicles, including Falcon Heights Fire Department, will take part in a parade of senior buildings in Ramsey County. F. ADJOURNMENT: The meeting was adjourned at 10:28 p.m. 11 of 41 BLANK PAGE  12 of 41 1 | Page CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 13, 2020 at 7:00 P.M. NOTE: THIS MEETING WAS HELD BY WEB CONFERENCE A. CALL TO ORDER: B. ROLL CALL: ANDREWS _X__ GUSTAFSON_X___ LEEHY_X__ MIAZGA _X__ WEHYEE_X__ STAFF PRESENT: THONGVANH_X___ C. PRESENTATION 1. Conduit Bonding – Senior Housing Revenue Bonds (Suite Living of Ramsey Project), Series 2020 Calling for Public Hearing City Administrator Thongvanh The City received request from Hampton Properties of Ramsey, LLC to finance, in part, the acquisition, construction, and equipping of a facility through issuing conduit bonds. The project will include a 32 unit high-acuity assisted living and memory care senior housing facility the City of Ramsey and known as Suite Living Senior Care of Ramsey. The City of Falcon Heights may issue up to $10,000,000 of its own 501(c) (3) bonds each year as bank-qualified bonds. Under the federal tax law, alternative issuers are permitted, but a “nexus” between the jurisdictional city and the issuers is preferred. The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuers, except the interests of the Issuers in payments to be made by the Borrower under the Loan Agreements. The Bonds are not moral obligations on the part of the State or its political subdivisions, including the Issuers, and the Bonds will not constitute a debt of the Issuers within the meaning of any constitutional or statutory limitation. The date of the proposed public hearing has been tentatively scheduled for June 10, 2020. City Hall will be opened and social distancing will be implemented. Typical conduit bonding provides $20,000, but through negotiations the City will be provided $40,000, ½ of one percent, for issuing the bonds. Council Member Miazga We have done a few of these and it has worked out well for the City. 13 of 41 2 | Page Council Member Leehy Our scope can be broad with Conduit Bonds considering that this is from the City of Ramsey. City Administrator Thongvanh In the last 5 years there have been 3 Conduit Bonds issued. Council Member Andrews 1st motion Council Member Miazga 2nd motion Approved 5-0 2. Year End 2019 Annual Audit Report Matt Meyer The City has a responsibility to prepare financial reports to the public. The numbers that will be presented are a true and accurate picture for 2019. As part of the audit, the office of the State Auditor requires a legal compliance audit which has to do with testing the City on various statutes that apply to municipalities. There were no findings there. 2019 was a good year. The city outperformed the parameters that were set by the Council in 2018. $2.7 million revenue budget and revenue came in $283,000 better than anticipated on the plus side. Recognition from the state for police aid. Good year for development, as charges for services have been higher than anticipated and there was an increased number of building permits. The City did a great job staying within the parameters of spending. City Council authorized $2.6 million in spending, and only $2.4 million was spent. There were some savings with turnover of staff. Bottom line is that the fund balance increased by half of one million dollars. The Storm Drainage fund has been a profitable for the City over the last several years. The fund balance is $300,000, which represents two years of spending. The Sanitary Sewer fund spends about $900,000 a year for operation. At the end of the 2019 fiscal year, it has $2.1 million in reserves. It is good to look forward regarding capital needs and operating position of the general and enterprise funds. City Administrator Thongvanh The presentation from Matt was helpful. It allows us to take a look at the internal functions of the City. We are in a well position to shelter the City for a while (in regards to property taxes). Thanks to staff for doing work internally and utilizing their skillset. Mayor Gustafson I would like to commend the work put in by our Finance Director, Roland, and by Sack. Council Member Wehyee It’s great to see that the City is overperforming with the budget and thank you to the staff for your work. 14 of 41 3 | Page Council Member Leehy Thanks to the staff for their hard work. Perseverance has been shown in the City in regards to not slacking off and moving forward with excellence. Council Member Andrews Thanks to Matt and the staff for their hard work. The fund balance that the City has now is important especially in times like now. Council Member Leehy, Approved 5-0 D. APPROVAL OF MINUTES: 1. April 22, 2020 Regular City Council Meeting Approved 5-0 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 5/07/20 $193,670.42 Payroll through: 4/30/20 $18,077.30 2. Appointment of Andrea LaDouceur to Community Engagement Commission 3. Appointment of Shaun Curtin to Parks Commission 4. Appointment of Susan Risher to Parks Commission 5. Bureau of Criminal Apprehension (BCA) Joint Powers Agreement and Court Services Agreement 6. Accept Grant from University of Minnesota Good Neighbor Fund for 2020 Census Activities 7. Proclamation for National Police Week 2020 8. Sanitary Sewer Cleaning Program 9. Removal and Tree Trimming Contract Council Member Leehy Council Member Leehy is grateful for the three residents that are stepping up and participating in the Commissions. Consent Agenda # 5-In regards to the BCA- is this a new structure that is being put together? City Administrator Thongvanh responded by stating this is something that is done every 5 years. The fee structure is new, and when it was approved the fee structure was not in place yet. This will be added to the 2021 budget. Council Member Wehyee Excited for the Falcon Heights residents that are joining the Commissions. Consent Agenda #7- What does adopting the proclamation mean for the City? Mayor Gustafson responded by stating this is our way of adding our voice to the community to show our support. 15 of 41 4 | Page Mayor Gustafson Tonight (5/13) there is a national vigil tonight in Washing D.C for the police memorial for people that have passed in the line of duty. Council Member Andrews, Approved 5-0 G: POLICY ITEMS: 1. Extend Period of Local Emergency City Administrator Thongvanh Mayor Randall Gustafson issued a proclamation on March 20, 2020 declaring a local emergency, and the City Council adopted a resolution extended the local emergency on March 23, 2020. The local emergency will be extended past May 30, 2020. Now we have gotten to the point where other cities have made extensions, but the end date is determined by the City Administrator and Council. This is the structure we will be following. The governor has loosened some restrictions as of tonight. Council Member Wehyee, Approved 5-0 2. Community Garden Interim Ordinance City Administrator Thongvanh During the City Council workshop on May 6, 2020, members of the Council requested that Staff draft an Interim Ordinance that would prohibit vegetable gardens in the front yard. If this Interim Ordinance is adopted, it will allow Staff to research garden standards in other communities and provide information regarding official controls. The prohibition on front yard gardens would expire when official controls are adopted or one year from now, whichever comes first. Mayor Gustafson The need for this was in relation to native landscaping. Gardens aren’t native plantings and there aren’t any rules or regulations regarding how that would happen. This will be being turned over the Environment and Planning Commission to do more research. This gives us the opportunity to provide a voice. City Administrator Thongvanh This will also provide some rights to the individuals requesting but to various neighbors around the community too. Council Member Leehy, Approved 5-0 16 of 41 5 | Page H. INFORMATION/ANNOUNCEMENTS: Council Member Andrews • Environment Commission met on Monday, May 11 via zoom. Discussion included Sustainability Fair likely to not happen. Other ways of communication are being explored to get information to people. The proposal is that every week it would be set up that people can connect and discuss issues around sustainability. Council Member Leehy • Parks and Rec Commission met on Monday, May 4 via zoom. Discussion included physical distancing. Community Garden has physical distancing guidelines set up. Signage at the parks will be designed and placed to promote safety. Commission also discussed unique opportunities that could take place in the Fall. • Criminal Justice Coordinating Council met on April 27. Discussion included how COVID-19 has impacted the justice system. Ramseycounty.us/COVID-19-info has several resources. Racial Equity group has been created by Ramsey County on this website as well. • COVID-19 has decreased the number of people that are being booked into jail. • Restoration and Unity Day should be evaluated during the current circumstances (option of a drive-thru barbeque). Council Member Wehyee • Philando Castile Foundation is accepting volunteers for the Peace Garden. Social distancing will take place. Information is available at Volunteersignup.org/lraew • Community Engagement Commission will be taking place via zoom on Monday, May 18. Council Member Miazga • Racial Equity Committee through Ramsey County- Council Members Wehyee and Miazga have signed up to participate. • Unity Day should be evaluated to due to COVID-19. • Northeast Youth and Family Services Leadership Luncheon raised $27,000. • Bonding proposal for Community Park is subject to politics. Mayor Gustafson • Ramsey County League of Local Government held a zoom meeting talking about response to COVID-19 and how it effects various organizations. • Night to Unite will happen October 6, 2020. City Administrator Thongvanh • Thanks to staff and the community for adjusting with services being offered remotely. • Street maintenance is under way. • Community can join City Council Meetings via the attendee link that is available on our website. • Staff is working with Dino’s to put together a solution for the drive-thru request. 17 of 41 6 | Page 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. LIVE COMMENTS CAN BE SUBMITTED AT: https://webstreaming.ctv15.org/typeview.php?regionid=97&typeid=1 OR AT: sack.thongvanh@falconheights.org When submitting questions or comments, please include your name and address. J. ADJOURNMENT: The meeting adjourned at 8:19 P.M. ________________________________ Randall C. Gustafson, Mayor Dated this 13th day of May, 2020 _________________________________ Sack Thongvanh, City Administrator 18 of 41 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 5/20/20 $61,511.21 Payroll through: 5/15/20 $19,772.83 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 May 27, 2020 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director 19 of 41 BLANK PAGE  20 of 41 21 of 41 22 of 41 23 of 41 24 of 41 25 of 41 26 of 41 27 of 41 28 of 41 29 of 41 BLANK PAGE  30 of 41 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Temporary Outdoor Customer Service Areas Description As businesses begin to re-open, some services inside the building are going to be limited. For example, restaurants and bars can open for sit-down outdoor service beginning on June 1. Other businesses are offering curbside services. To better facilitate business operations and attempt to provide flexibility, staff have drafted a Resolution that allows businesses to use outdoor service areas temporarily. The Resolution allows any business to use outdoor parking space for their operations, so long as the area is maintained and does not impede traffic or pedestrians. It also allows temporary signage as necessary. No formal permits or application would be necessary. Establishments with a liquor license have specific areas where it may be consumed. Guidance from the League of Minnesota Cities is that if there is outdoor seating that is not currently covered by the liquor license, a modification should be made to the license. Any additional area must be “compact and contiguous” to the primary business area. The provisions established in the Resolution will remain in place until the Local Peace Time Emergency is terminated or are superseded by other City Council action. Budget Impact N/A Attachment(s) • Resolution 20-23 Allowing Temporary Outdoor Customer Service Areas Action(s) Requested Staff recommend approval of the attached resolution allowing temporary outdoor customer service areas. Meeting Date May 27, 2020 Agenda Item Policy G1 Attachment Resolution Submitted By Justin Markon, Community Development Coordinator 31 of 41 BLANK PAGE  32 of 41 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 27, 2020 No. 20-23 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION ALLOWING TEMPORARY OUTDOOR CUSTOMER SERVICE AREAS WHEREAS, the City of Falcon Heights has declared a Local Peace Time Emergency due to the COVID-19 Health Pandemic; and, WHEREAS, in furtherance of the federal, state, and local government response, there is a need to provide multiple additional and alternative customer service areas on commercial sites in order to limit forward-facing exchanges between customers and employees, and to promote physical and social distancing between persons engaged in business activities within the city. NOW, THEREFORE, BE IT RESOLVED that after due consideration, the Mayor and City Council of the City of Falcon Heights, Minnesota, hereby declare that effective immediately, and notwithstanding any City Code provision to the contrary, any business located in a business zone may establish drive-up areas, customer ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe commercial activity conducted consistent with federal and state orders or guidelines, in accordance with the following: 1. The temporary outdoor use may occur in parking areas without the need for a variance. However, if the business is not the fee owner of the property used by the business for the temporary outdoor use, any temporary outdoor use must have written approval from the fee owner of the premises. 2. No city permits are required prior to establishing these customer areas, but operators must prepare a traffic management plan and provide on-site traffic and operational management. Customer waiting or service areas must not impede sidewalk usage nor block disabled person parking spaces or ramps, nor shall any activity create nuisance conditions for abutting properties. 3. Limited on-site signage is authorized as well as limited on-site directional signage. Temporary tables, tents and sun shelters may be erected, but any structure requiring state building and fire code permits must submit plans and permit applications for accelerated review by city staff, 4. Any business using an outdoor space is responsible for providing waste receptacles and ensuring the area is free of litter. 5. If liquor is to be dispensed or consumed in the proposed temporary customer areas, the licensee must obtain a modification to their defined premises area in their liquor license. 33 of 41 BE IT FURTHER RESOLVED, this policy will continue until repealed by subsequent City Council action or termination of the Local Peace Time Emergency. Passed by the City Council of the City of Falcon Heights, Minnesota this 27th day of May, 2020. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ___ Against City Administrator LEEHY WEYHEE 34 of 41 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Resolution Denouncing Hate Speech-Acts Description The City of Falcon Heights is committed to cultivating a caring community and continues to value diversity. We the City, pride ourselves in our increasingly diverse population and value each any everyone that lives in our community, but also the residents of the surrounding communities. The resolution is intended to highlight our commitment with the main points: I. Affirm its commitment to denouncing all hate motivated actions and speech. II. Reaffirm its commitment to fostering a safe and welcoming community for all of its residents and visitors. III. Asserts its adherence to practices of human decency and respect in all conduct and interactions within the city’s limits. Budget Impact N/A Attachment(s) • Resolution 20-24 Denouncing Hate Speech-Acts Action(s) Requested The Community Engagement Commission is looking for approval of the resolution. Meeting Date May 27, 2020 Agenda Item Policy G2 Attachment Hate Speech Resolution Submitted By Sack Thongvanh, City Administrator 35 of 41 BLANK PAGE  36 of 41 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May 27, 2020 No. 20-24 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION DENOUNCING HATE SPEECH-ACTS WHEREAS, the guiding principle of Falcon Heights as outlined by the 2040 Comprehensive Plan and the city’s 2019 Strategic Plan is to cultivate a caring community; and WHEREAS, Falcon Heights prides itself on its increasingly diverse population; and WHEREAS, a significant proportion of Falcon Heights residents were born outside of the US; and WHEREAS, the incidence of hate motivated speech and crime has increased over the last few years; and WHEREAS, valuable members of our community, including women, racial minorities, people with disabilities, and religious observers are the target of most hate crimes; and WHEREAS, it is in the best interest of the city to protect all of its residents against hateful actions and speech; and WHEREAS, we, the city of Falcon Heights upholds the community centered philosophy and practice of our current policing agency, the Ramsey County Sheriff’s Department, and are committed to the longevity of this community centered practice and philosophy; NOW THEREFORE BE IT RESOLVED that the City of Falcon Heights hereby: 1.Affirms its commitment to denouncing all hate motivated actions and speech.2.Reaffirms its commitment to fostering a safe and welcoming community for all of its residents and visitors. 3.Continues to foster and value “Cultivating a Caring Community”. - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ___ Against City Administrator LEEHY WEYHEE 37 of 41 BLANK PAGE  38 of 41 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Request to Rescind Interim Ordinance 20-04 Prohibiting the Cultivation of Gardens in the Front Yards Description I have received a formal request from Council Member Mark Miazga to rescind the interim ordinance prohibiting the cultivation of gardens in the front yard back. In late February, a Falcon Heights property owner posted on social media the possibility of turning their front yard into a vegetable garden, in collaboration with neighbors and sharing the produce amongst those who helped. In early March, it was brought to the attention of the City that a property owner was considering installing a community garden in his front yard. The residents expressed their concerns on the scale of the project, the fact that there is “No Parking” on the road, safety of their neighbors, and how it will be regulated. Throughout the discussion of native landscaping, vegetable gardens were not considered, and these plants would not fit the definitions approved in the code changes. Gardening is classified as a permitted accessory use in the R-1 zone (so long as no retail sale of products is conducted on the premise). City staff visually surveyed the residential areas of the city and noticed a few small vegetable gardens in front yards, often in raised beds. During the May City Council Workshop, staff stated that when the City was considering native landscaping (at the request of one property owner), vegetable gardens were not brought up and not considered. After discussion, staff was directed to draft an interim ordinance prohibiting the cultivation of gardens in the front yard to allow for further research, analysis, and create a forum for public feedback. On May 13, 2020 the City Council discussed and approved the Interim Ordinance prohibiting the cultivation of Gardens in Front Yards. The adoption of the interim ordinance does allow for property owners that have had gardens in their front yard in the past to be grandfathered in and be allowed to continue. Meeting Date May 27, 2020 Agenda Item Policy G3 Attachment N/A Submitted By Sack Thongvanh, City Administrator 39 of 41 The intent is to encourage engagement and accountability. Budget Impact N/A Attachment(s) • Adopted Interim Ordinance 20-04 Prohibiting the Cultivation of Gardens in Front Yards Action(s) Requested The City has received a request from Council Miazga to rescind the interim ordinance. 40 of 41 ORDINANCE NO. 20-04 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE CULTIVATION OF GARDENS IN FRONT YARDS THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 DEFINITIONS: The following term when used in this ordinance shall mean: Garden: An area of land used for the cultivation of vegetables or herbs. Front Yard: A yard extending across the front of a lot between the side yard lot lines and lying between the front line of the lot and the nearest building line. SECTION 2 INTENT: It is the intent of this ordinance to allow the City of Falcon Heights time to complete an in-depth study concerning changes in official controls for gardens and their location and size on private property, and in the interim to protect the health, safety, and welfare of the citizens of the community. SECTION 3 TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate official controls, no garden shall be built or cultivated in the front yard of private properties. SECTION 4 EFFECTIVE DATE: This ordinance shall take effect from and after its passage and shall remain in effect until the date of the adoption of the official controls contemplated hereunder or May 12, 2021, whichever occurs first. ADOPTED this 13th day of May, 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 41 of 41