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HomeMy WebLinkAboutCity_Council_Packet_8-26-2020 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 26, 2020 at 7:00 P.M. NOTE: THIS MEETING WILL 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. August 5, 2020 City Council Workshop Meeting 2. August 12, 2020 City Council Regular Meeting E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 8/15/20 $232,189.98 Payroll through: 8/15/20 $19,938.04 2. Appointment of Ashleigh Walter as Administrative and Communications Coordinator G: POLICY ITEMS: 1. Capital Region Watershed (CRWD) Project- Seminary Pond in the City of Lauderdale 2. Capital Region Watershed (CRWD) Project – Fowell/Fulham Outfall Improvements 3. Amendment to the Administrative Manual to include Standards Concerning Communication and Enforcement of Immigration Laws 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: *You can participate in the meeting by clicking the following Zoom link: https://us02web.zoom.us/j/81446634622 BLANK PAGE  1 | Page CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA August 5, 2020 6:30 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. PRESENTATIONS: D. POLICY ITEMS: 1. Welcoming Ordinance/Resolution/Policy • City Attorney Roger Knutson explained that ordinances are to regulate people and properties within city limits. Ordinances would regulate how employees should respond to situations. • Ordinance would apply to a resident of Falcon Heights not city employees and policies apply to city employees. For contracted services, the specific language should be written in the contract. • It was determined by the Council that the best approach would be for staff to draft a policy that would be included in the Administrative Manual. • Staff will draft policy with this intent and language. Policy will be in administrative manual. • Comments from resident Javi Monardez – In favor of this ordinance as an international student. 2. Guidelines to Request Agenda Items • Director from League of Minnesota Cities Dave Unmacht will discuss this topic. Council should think about formalization and ways to address each Council Member. • It was recommended that each Council Member review the email that was sent and research what other communities are doing. • Operating guidelines will be created and other community examples will be looked at during this process. 3. 2021 Proposed Budget a. Special Revenue Funds 2 | Page • The Government Accounting Standards Board (GASB) issued Statement No. 54 in 2011, to clarify the definition of special revenue funds, as there was some ambiguity before. From the Statement: "Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects." • Park Program - $26,000 transferred from General to Special Revenue fund • Pull tabs is not an huge revenue source • Conduit Bond Revenue can be used for anything, there are no restrictions. • Street lighting project will need to be completed. • Council has wanted to maintain $30,000 funding in the inclusion fund. b. Enterprise Funds • The Government Accounting Standards Board (GASB) describes enterprise funds in its Codification of Governmental Accounting and Financial Reporting Standards. It states that enterprise funds may be used to report and activity for which a fee is charged to external users for goods or services. • The Government Accounting Standards Board (GASB) describes enterprise funds in its Codification of Governmental Accounting and Financial Reporting Standards. It states that enterprise funds may be used to report and activity for which a fee is charged to external users for goods or services. c. Debt Service Funds • Funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest. 4. Community Garden Expansion at Community Park • Garden expansion of 9 plots for about $3,000, which is for expanding the fence (materials). • Parks and Recreation Commission to get information in the welcome packet about the Community Garden. E. INFORMATION/ANNOUNCEMENTS • National Guard is considering celebrating the 100th anniversary of Curtiss Field. This event will be similar to Restoration & Unity Day. • Medians on Larpenteur – irrigation has collapsed. New slip line pipes need to be installed. Estimate is about $6,000, and that is if nothing bad happens along the way. • Garden Committee – Survey is online now. Definitions of gardens are available on survey. F. ADJOURNMENT: 7:54PM _______________________________ Randall Gustafson, Mayor Dated this 5th day of August, 2020 3 | Page _________________________________ Sack Thongvanh, City Administrator BLANK PAGE  1 | Page CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 12, 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 D. APPROVAL OF MINUTES: 1. July 22, 2020 City Council Regular Meeting Council Member Wehyee Moved, Approved 5-0 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 8/06/20 $212,178.65 Payroll through: 7/31/20 $19,779.97 2. Appointment of Asha Thao to the Falcon Heights Volunteer Fire Department 3. Appointment of Payton Hurney to the Falcon Heights Volunteer Fire Department 4. Resignation of Walt Dunlap from the Park and Recreation Commission 5. Approve of Charitable/Lawful Gambling License and Premise Application at Stout’s for the Roseville Area Youth Hockey Association Council Member Leehy Consent Agenda #2- Council Member Leehy would like to recognize Asha Thao for her commitment to serve on the Fire Department. Council Member Wehyee and Miazga Consent Agenda #2-Council Members Wehyee and Miazga concur with Council Member Leehy. Council Member Leehy Consent Agenda #3-Council Member Leehy would like to recognize Payton Hurney for her commitment to serve on the Fire Department. 2 | Page Council Member Wehyee and Miazga Consent Agenda #3- Council Members Wehyee and Miazga concur with Council Member Leehy. Council Member Leehy Consent Agenda #4-Council Member Leehy would like to thank Walt for his numerous years on the Parks Commission. Council Member Andrews Moved, Approved 5-0 G: POLICY ITEMS: 1. CARES Act - Coronavirus Relief Funds City Administrator Thongvanh The CARES Act established the $150 billion Coronavirus Relief Fund. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that qualify. The City of Falcon Heights has been allocated $412,789. The City will need to submit a certification form for fund distribution from the State by September 15. If the funds have not been requested by September 15, unused/unclaimed funds will be available for the State to use. Council Member Wehyee Council Member Wehyee thinks its great our community can benefit from these funds. Council Member Leehy In regards to the HVAC, is it being looked into having different zones? City Administrator Thongvanh We are looking to retrofit devices into the system using ultraviolet light. Council Member Miazga Are the expenses for the law enforcement contract expected to have a significant variance? City Administrator Thongvanh We are trying to figure out if the funds can be used for the existing contract. When an officer goes to a call they are preparing for COVID. Waiting to have this defined. Council Member Andrews Can we use the funds for businesses? City Administrator Thongvanh That is one recommendation. Research is being conducted from other cities to see what type of grant could be created to assist businesses and what the qualifications would look like. Council Member Leehy Moved, Approved 5-0 3 | Page H. INFORMATION/ANNOUNCEMENTS: Council Member Andrews • Environment Commission is working on a bee ordinance. This will be brought to a future workshop for discussion. • Garden subcommittee has a survey out for feedback. There has been a lot of feedback so far. The survey is available until August 26. Council Member Leehy • No updates. Council Member Miazga • Residents of Northeast and Northome should be aware that there have been two car thefts during the day. • Governor and Legislature has started the third special session. We are waiting to hear more on the bonding bill. Council Member Wehyee • Reminded Sheriff Fletcher that the City Administrator has sent him a letter for his presence at one of our meetings. • The inclusion subcommittee met last week. Coordination about community conversation has been the topic of discussion. • The Council has agreed to move forward with the Welcoming City initiative. The best path would be to move forward with a policy rather than an ordinance. Mayor Gustafson • Garden survey is available for residents to share their thoughts on the subject. • Don’t leave valuables in your car for your own safety. City Administrator Thongvanh • Public Works has been working on the streets/medians. • Curtiss Field Event – Event will not be sponsored by the City. Council has requested some sort of virtual celebration. • Workshop is scheduled for August 19. • Requesting Sheriff Department is more present due to current crime in all communities. • Administrative and Communications Coordinator will be appointed at the next City Council meeting. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:43PM _______________________________ Randall Gustafson, Mayor 4 | Page Dated this 12th day of August, 2020 _________________________________ Sack Thongvanh, City Administrator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 8/19/20 $232,189.98 Payroll through: 8/15/20 $19,938.04 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 August 26, 2020 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director BLANK PAGE  BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Appointment of Ashleigh Walter to the Position of Administrative and Communications Coordinator Description Ms. Ashleigh Walter has accepted the position of Administrative and Communication Coordinator. Ashleigh’s start date will be August 27th. Ashleigh completed her Masters of Public Policy from the University of Minnesota – Humphry School of Public Affairs. Ashleigh has interned for the City of Bloomington and the City of Delano. Ashleigh has been a Teaching Assistant and a Research Assistant during her time pursuing her degree at the Humphry. Budget Impact This position has been budgeted for in 2020. Attachment(s) • Offer Letter • Resolution 20-34 Appointment of Ashleigh Walter to the Position of Administrative and Communications Coordinator Action(s) Requested Staff recommends approval of attached resolution appointing Ashleigh Walter to the position of Administrative and Communications Coordinator. Meeting Date August 26, 2020 Agenda Item Consent F2 Attachment Resolution Submitted By Sack Thongvanh, City Administrator BLANK PAGE  August 13, 2020 Ashleigh Walter 3223 E 25th Street Minneapolis, MN 55406 Re: Employment Offer-Administrative and Communications Coordinator Dear Ms. Ashleigh Walter, Congratulations, I would like to offer the position of Administrative and Communication Coordinator for the City of Falcon Heights. We are very excited that you will be joining our team. The City Council will have to formally approve your appointment at their August 26th City Council Meeting at 7:00 pm. You are required to be in attendance to be introduced. In addition, this appointment is contingent on a background check. Your starting annual salary will be $48,000 with a start date to be determined, and per the personnel policy, you will be eligible for your first step increase of 5% in six months and then another step increase of 5% in 18 months. This is not in lieu of the annual employee COLA increases. This is a 40 hour per week, non-exempt position. The expectation is that there will be some night meetings that you will need to attend as discussed for the Community Engagement Commission and as assigned by the City Administrator. For any hours worked beyond 40 in a week, you will earn Comp Time. You are eligible for all employee benefits including health, dental, life, short-term disability and long-term disability insurance. In addition, you will accrue vacation and sick time as per the personnel policy. Finance Director Roland Olson will be contacting you soon to discuss benefits. Finally, per the personnel policy, you will be placed on a 6-month probationary period to begin your employment. We look forward to working with you and are very excited about you joining our team. If you have any further questions, please feel free to call me at (651) 792-7611. Sincerely, Sack Thongvanh, City Administrator BLANK PAGE  CITY OF FALCON HEIGHTS COUNCIL RESOLUTION August 26, 2020 No. 20-34 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING ASHLEIGH WALTER TO THE POSITION OF ADMINISTRATIVE AND COMMUNICATIONS COORDINATOR FOR THE CITY OF FALCON HEIGHTS WHEREAS, on March 18, 2020, Amanda Lor submitted his letter of resignation with a last day in the office of April 3, 2020; WHEREAS, thereafter the position was posted and candidates were interviewed by the City Administrator and Staff; WHEREAS, the position was offered and accepted by Ashleigh Walter; WHEREAS, Ashleigh Walter has a start date of August 27th, 2020. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Appoint Ashleigh Walter to the position of Administrative and Communications Coordinator, and 2. Authorize compensation of $23.08 per hour ($48,000/year). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MIAZGA Sack Thongvanh ANDREWS ___ Against City Administrator LEEHY WEYHEE BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Seminary Pond Agreement Description In cooperation with Capital Region Watershed (CRWD), the City of Lauderdale, Ramsey County and the University of Minnesota, city staff has been working with the agencies to develop a cooperative agreement for a regional drainage project, Seminary Pond, in Lauderdale that drain the western side of Falcon Heights. The purpose of this regional project is to better manage stormwater runoff from the City of Falcon Heights, City of Lauderdale, Ramsey County, and the University of Minnesota, and to reduce a historic flooding issue at an apartment complex located at 1568 Eustis Street in the City of Lauderdale. The stormwater runoff from the 148-acre drainage area currently overwhelms the existing storm sewer system and can cause impacts to the apartment complexes parking lot in a 10-year storm, and has the potential to impact the apartment building in the 100- year storm. CRWD has been the lead agency, and they hired Barr Engineering to model the drainage area to determine peak flows and potential impacts. As part of the project, Barr looked at potential solutions to minimize the flooding issue, and also improve water quality. The most cost-effective solution to minimize impacts and to improve water quality was to retrofit Seminary Pond with additional storage capacity and to install an iron-enhanced sand bench. The pond will help alleviate peak flows, and the iron-enhanced sand bench will provide water quality treatment by helping removing phosphorus from the stormwater. The agreement defines the roles and responsibilities for each party. After the UofM’s portion is subtracted from the estimated costs the Falcon Heights share of the construction costs are 16% or estimated to be $85,005.60. Other agency breakdown is as follows; UofM $58,715, CRWD 59%, Lauderdale 18%, Ramsey County 7%. All engineering costs would be paid by CRWD. Meeting Date August 26, 2020 Agenda Item Policy G1 Attachment Project Map, Agreement, Easement, Memorandum of Agreement Submitted By Jesse Freihammer, City Engineer The project is schedule for bid in early September with construction later this fall. Falcon Heights will also get stormwater volume banking credits which the City can use in the future to offset permit requirements. During the development of this project it became apparent that an agreement be established for drainage projects between the City and the University of Minnesota. Both parties drain onto the other party’s jurisdiction and pipe network creating a need to have an agreement in place to document who pays for maintenance and improvements. A 1982 agreement and easement between the UofM and the City was found during the project development. It has not been followed for years and is need of updating to better align with new drainage rules and desires for both parties. A memorandum of agreement is attached which lays the groundwork for updating drainage agreements for the City and Falcon Heights. For the seminary pond project, the UofM’s costs are capped at $58,715. The agreement states that the parties will come to an agreement on all drainage matters to update the old agreement. Budget Impact The estimated project cost is $85,005.60 which would be paid using storm sewer funds. The agreement allows the City to payback its portion of the cost in 3 payments in 2021-2023. Long term maintenance will also be 40% the responsibility of Falcon Heights. Attachment(s) • Project Location Map • Agreement • Permanent Easement • Memorandum of Agreement Action(s) Requested Staff would recommend approval of the Cooperative Agreement, Memorandum of Agreement and authorize the Mayor and City Administrator to execute all necessary documents. Agreement CRWD 20-_____ Page 1 of 11 CAPITOL REGION WATERSHED DISTRICT COOPERATIVE AGREEMENT WITH CITIES OF LAUDERDALE AND FALCON HEIGHTS, RAMSEY COUNTY, AND UNIVERSITY OF MINNESOTA FOR CONSTRUCTION AND MAINTENANCE OF SEMINARY POND IMPROVEMENTS Estimated Project Cost: $590,000 Exhibits: A - Project Area Map This Agreement is between the Capitol Region Watershed District, a watershed district created pursuant to Minnesota Statutes chapter 103D (“CRWD”), City of Falcon Heights, a municipal corporation ("Falcon Heights"), City of Lauderdale, a municipal corporation ("Lauderdale"), Ramsey County, a political subdivision of the State of Minnesota, ("County"), and Regents of the University of Minnesota, a Minnesota constitutional corporation, (“UMN”), collectively referred to as “Partners”, to apportion rights and responsibilities related to the construction, maintenance, and stormwater crediting of the Seminary Pond stormwater improvements in Lauderdale, Minnesota (“Project”). RECITALS 1.The Project has been approved by CRWD (Resolution 20-______), by Lauderdale by motion on ___________, 2020, by Falcon Heights (Resolution___________), byRamsey County (Resolution____________), and by UMN. 2.The Project will provide improvements to flood protection, water quality, and natural areas for surrounding communities as. The Project area is shown in Exhibit A. 3.Lauderdale holds a drainage and utility easement over a portion of the project areaand will secure any additional easements and access permissions from propertyowners necessary for the construction and long-term maintenance of the Project. 4.CRWD, Lauderdale, Falcon Heights and Ramsey County will jointly participate in thelong-term maintenance of the Project. 5.The Project includes pond excavation, installation of iron-enhanced sand filters, replacement and repair of storm sewer infrastructure, grading, raising the pond berm, installation of rock and other erosion control measures, establishment of long-term maintenance access, and site restoration with native vegetation. 6.CRWD will manage the design and construction of the Project on behalf of the Partners. Agreement CRWD 20-_____ Page 2 of 11 AGREEMENTS 1.Responsibility for Design Engineering 1.1. CRWD is responsible for the preparation of all plans, specifications, proposals,and estimates for the Project. 1.2. Any changes requested after final design shall be the fiscal responsibility of the party requesting the change. 2.Procurement and Award of Contract 2.1. CRWD will take bids in accordance with state law, watershed district statuteand City rules. 2.2. CRWD will award a contract and pay the contractor for all costs related to the Project. 3.Responsibility for Construction Engineering 3.1. CRWD shall perform or contract the performance of the constructionengineering for all elements of the Project. 4. Construction Costs 4.1. Construction costs shall be distributed to the project partners as identified below. 4.1.1. UMN shall participate in a flat amount of $58,715. 4.1.2. The remaining total construction costs, not including design and construction engineering costs, will be allocated as follows: CRWD: 59% Lauderdale: 18% Falcon Heights: 16% Agreement CRWD 20-_____ Page 3 of 11 Ramsey County: 7% 4.2. Design Engineering Costs 4.2.1. CRWD shall be responsible for 100% for all costs related to design engineering of the Project. 4.3. Construction Engineering Costs 4.3.1. CRWD shall be responsible for 100% for all costs related to construction engineering. 5. Payment Schedule 5.1. CRWD will invoice Partners for construction costs after final completion of the Project. 5.2. Full payments from UMN and Ramsey County will be due within 35 days of receipt of an invoice. 5.3. Lauderdale and Falcon Heights will pay one-third of total actual construction costs by December 1st for three years starting in 2021 and ending in 2023. 6. Easement and Access Rights 6.1. Lauderdale will be responsible for securing all easement and access rights to construct, inspect, monitor, maintain, and repair the Project. 6.1.1. Lauderdale will acquire necessary temporary construction easements on behalf of CRWD to perform the project. 6.1.2. Lauderdale will secure necessary rights to: 6.1.2.1. Provide for signage to comply with requirements for project signage, as provided in, Minnesota Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects. 6.1.2.2. Install, maintain, repair, and access monitoring equipment. 6.1.2.3. Allow CRWD to access to the project site for education and outreach purposes. Agreement CRWD 20-_____ Page 4 of 11 6.2. The Partners will issue all necessary permits and provide all necessary approvals to construct the Project at no cost to CRWD. 7. Maintenance Responsibility for Project Elements 7.1. An operation and maintenance plan will be developed by CRWD during construction of the project. Lauderdale, Falcon Heights, and Ramsey County will review and concur with the O&M plan prior to finalizing. 7.2. Until December 31, 2045, CRWD will be responsible for ensuring the maintenance and repair of the pond and iron-enhanced sand filters, including the items identified in the O&M plan. 7.3. After December 31, 2045, Lauderdale will be responsible for ensuring the maintenance of the pond and iron-enhanced sand filters including the items identified in the O&M plan. 7.4. Costs associated with maintenance or repair of the pond and iron-enhanced sand filters, including the items identified in the O&M plan, shall be allocated as follows: 7.4.1. Until December 31, 2045, the total calendar year costs will be split amongst CRWD, Lauderdale, Falcon Heights and Ramsey County, according to the percentages of responsibility outlined in 4.1.2. 7.4.2. After December 31, 2045, Lauderdale, Falcon Heights and Ramsey County will be responsible for 100% of the total calendar year costs and the percentages of responsibility are the following: Lauderdale – 45%, Falcon Heights - 40% and Ramsey County – 15%. 7.4.3. The responsible party will invoice other participating partners within 60 days after the end of the calendar year for their portion of the maintenance costs for the previous calendar year. 7.4.4. Partner payments to the responsible party will be made within 35 days of receipt of invoice. 7.5. Lauderdale shall be responsible for maintenance of all other infrastructure and vegetation within the project area three years after final construction completion. Agreement CRWD 20-_____ Page 5 of 11 8. Ownership 8.1. Lauderdale shall retain ownership or responsibility of the Project, including the pond, sand filters, and all associated infrastructure, except as specifically provided in this agreement after final completion or which is otherwise transferred to underlying property owners. Neither CRWD, nor any of the other Partners, assumes any responsibility of the Project except as specifically identified herein. 8.2. Lauderdale shall assume or retain ownership or responsibility of the ravines and other areas that are not transferred to the underlying property owners. Neither CRWD, nor any of the other Partners assumes any responsibility of these areas. 8.3. Partners shall retain ownership of their storm sewers and related infrastructure. 9. CRWD Regulatory Volume Credits 9.1. Upon payment of their share of the construction costs, CRWD will transfer stormwater volume banking credits to the Partners as follows: 9.1.1. Falcon Heights: 1,397 Cubic Feet 9.1.2. Lauderdale: 1,521 Cubic Feet 9.1.3. Ramsey County: 739 Cubic Feet 10. Partners shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the Partners of any statutory or common law immunities, limits, or exceptions on liability. 11. Other provisions 11.1. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. Agreement CRWD 20-_____ Page 6 of 11 11.2. Cooperation and Compliance with Minnesota and Federal Law. Parties agree to cooperate in any manner necessary to effectuate this agreement or complete the Project. Parties understand that funding for the Project includes funds from CRWD, Lauderdale, Falcon Heights, Ramsey County, UMN, and the State of Minnesota through the Clean Water, Land, and Legacy Amendment, and that each of these sources might have requirements for funding, contracting, procurement, data practices, prevailing wage, or record-keeping that is in addition to those included herein. Parties agree to cooperate in meeting any of these additional obligations. 11.3. Records. All parties agree to maintain records of costs pertaining to the Project in accordance with Minnesota Statutes and relevant internal record keeping and accounting procedures. 11.4. Modification. It is understood and agreed by the parties hereto that this agreement shall not be modified or amended except in writing duly signed by each of the parties. 11.5. This agreement may be executed individually in counterparts, with each part an original, and together all parts form a single document. [Signature pages to follow] Agreement CRWD 20-_____ Page 7 of 11 City of Lauderdale _________________________________ Date:__________________________ Mary Gaasch, Mayor _________________________________ Heather Butkowski, City Clerk-Administrator Agreement CRWD 20-_____ Page 8 of 11 Date:__________________________ CITY OF FALCON HEIGHTS, MINNESOTA _______________________________ Mayor Randall C. Gustafson _______________________________ Sack Thongvanh, City Administrator Agreement CRWD 20-_____ Page 9 of 11 RAMSEY COUNTY, MINNESOTA _________________________________ Date:__________________________ Ryan O’Connor, County Manager Approval recommended: _________________________________ Ted Schoenecker, Director Public Works Department Approved as to form: _________________________________ Assistant County Attorney Agreement CRWD 20-_____ Page 10 of 11 REGENTS OF THE UNIVERSITY OF MINNESOTA _________________________________ Date: __________________________ Mike Berthelsen, VP, University Services Agreement CRWD 20-_____ Page 11 of 11 CAPITOL REGION WATERSHED DISTRICT _________________________________ Date:__________________________ Joseph Collins, Board President _________________________________ Mark Doneux, Administrator Approved as to form: _________________________________ CRWD Attorney / Assistant County Attorney BLANK PAGE  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. ´ 0 160 320 480 640 FeetSeminary Pond Location Map August 21, 2020 mapdoc: Seminary Pond - Location Map.mxdmap: Seminary Pond - Location Map.pdf Larpenteur Ave MN 280 C l e v e l a n d A v e Hoyt Ave Hendon Ave Como Ave Falcon Heights Saint Paul Lauderdale F u l h a m S t Folwell Ave Seminary Pond Gasperre Pond Channel stablization between Fulham St and Seminary Pond BLANK PAGE  BLANK PAGE  MEMORANDUM OF AGREEMENT This Memorandum of Agreement (“Agreement”) is entered into on the date of last signature below (the “Effective Date”) by and among Regents of the University of Minnesota, a Minnesota constitutional corporation (“University”), Capitol Region Watershed District, a watershed district created pursuant to Minnesota Statutes chapter 103D (“CRWD”), and the City of Falcon Heights, a municipal corporation (“Falcon Heights”). RECITALS WHEREAS, CRWD proposes to make certain improvements to Seminary Pond in Lauderdale, Minnesota, to improve flood protection, water quality, and natural areas to the benefit of surrounding communities like Falcon Heights, the City of Lauderdale, Ramsey County, and the University; WHEREAS, the CRWD-led Seminary Pond project includes pond excavation, installation of iron-enhanced sand filters, replacement and repair of storm sewer infrastructure, grading, raising the pond berm, installation of rock and other erosion control measures, establishment of long-term maintenance access, and site restoration with native vegetation (the “Project”); WHEREAS, CRWD is seeking contributions from the surrounding communities to fund the Project; and WHEREAS, the University is willing to contribute toward the cost of the Project, but seeks a broader agreement related to stormwater management in the CRWD and Falcon Heights. NOW THEREFORE, in consideration of the shared benefits offered by the Project and the mutual promises contained within this Agreement, the University, the CRWD and Falcon Heights agree as follows: 1.Contribution. The University shall make a one-time contribution equal to $58,715 to CRWD. University will execute a cooperative funding agreement to this effect. 2.Stormwater Management. Within five (5) years after the Effective Date, theUniversity, CRWD and Falcon Heights commit to negotiating an agreement related to stormwater management issues in the CRWD and Falcon Heights. The agreement will address issues including (but not necessarily limited to) future drainage from University property toSeminary Pond, drainage from properties under Falcon Heights’s jurisdiction to Universitystormwater conveyance systems, and related operation and maintenance issues. The partiesacknowledge that some of the issues are addressed in that certain Permanent Storm Easement dated September 3, 1982 and the August 4, 1982 Agreement (the “1982 Agreement”) referenced therein and agree that the 1982 Agreement may be amended, terminated, reinforced, or left aloneas a part of the parties’ negotiations related to stormwater management issues. 3. Indemnity. Each party shall be responsible for its own acts and the acts of their employees, volunteers, and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party or the results thereof. The University’s liability is subject to the limits provided for in the Minnesota Tort Claims Act, Minn. Stat. § 3.736. CRWD and Falcon Heights’s liability are both subject to the limits provided for by Minnesota law, specifically including those in Minnesota Statutes, Chapter 466. 4. Force Majeure. The obligations of the parties hereto are subject to force majeure and no party shall be in default under this Agreement if any failure or delay in performance is caused by a labor dispute; accidents; acts of God; fire; flood; earthquake; unusually severe weather; material or facility shortages or unavailability not resulting from such party’s failure to timely place orders; lack of transportation; acts of any governmental authority; condemnation or the exercise of rights of eminent domain; acts of terrorism or war or civil disorder; pandemic; or any other cause beyond the reasonable control of the parties hereto. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. 5. Notices. Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed as follows: If to University: University of Minnesota Real Estate Office 319 15th Avenue S.E. Minneapolis, MN 55455 Email: reo@umn.edu With a copy to: University of Minnesota, Office of the General Counsel Attn: Transactional Law Services 360 McNamara Alumni Center 200 Oak Street SE Minneapolis, MN 55455-2006 Email: ogcweb@umn.edu If to CRWD: Capitol Region Watershed District Attn: District Administrator 595 Aldine Street Saint Paul, MN 55104 If to Falcon Heights: City of Falcon Heights Attn: City Administrator 2077 West Larpenteur Avenue Falcon Heights, MN 55113-5594 Unless otherwise provided herein, notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service which provides acknowledgment of delivery, or by facsimile, and shall be deemed delivered: if sent by U.S. Mail, five (5) days after deposit; if sent by email, or commercial overnight delivery service, upon verification of receipt. 6. Assignment. No party shall assign this Agreement or the rights hereunder to any other party without the prior written consent of the other parties. Each of the parties’ respective rights and obligations hereunder shall be binding upon and shall inure to the benefit of the parties hereto and each of their respective permitted successors and assigns. 7. Amendment. This Agreement shall be amended only in a writing mutually agreed upon and duly executed by the parties. 8. No Real Property Interest Granted. No party shall obtain a property interest or estate in or lien upon another’s property or facilities. All liens, claims and charges of each party shall not attach to any real property interest of the other parties’ property. 9. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with the internal laws of the state of Minnesota. 10. Independent Contractor. The performance by the parties of all duties and obligations under this Agreement shall be as independent contractors and not as agents of the other parties, and no persons employed or utilized by a performing party shall be considered the employees or agents of another party. No party shall have the authority to enter into any agreement purporting to bind another party without specific written authorization. The parties agree that this Agreement does not create a partnership between, or a joint venture. 11. Non-Waiver. No failure to exercise and no delay in exercising, on the part of any party hereto, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by a party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by all parties. 12. No-Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and their permitted successors and assigns. 13. Entire Agreement. This Agreement, any Exhibits and Attachments referenced and attached hereto or to be attached hereto, constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede any and all prior negotiations, understandings and agreements with respect hereto, whether oral or written. 14. Counterparts; Electronic Exchange. This Agreement and any amendments to it may be executed in duplicate copies on behalf of the parties by their authorized representatives. Each duplicate copy shall be deemed an original, but all duplicate originals together shall constitute one and the same instrument. The executed counterparts of this Agreement may be delivered by electronic means, such as email, and the receiving party may rely on the receipt of such executed counterpart as if the original had been received. [Signatures follow.] The parties hereto execute this Agreement: Regents of the University of Minnesota _________________________________ Date: __________________________Mike Berthelsen, VP, University Services August 19, 2020 CAPITOL REGION WATERSHED DISTRICT _________________________________ Date:__________________________Joseph Collins, Board President _________________________________ Mark Doneux, Administrator Approved as to form: _________________________________ James Mogen, District Attorney / Assistant Ramsey County Attorney CITY OF FALCON HEIGHTS, MINNESOTA Date:__________________________ _______________________________ Mayor Randall C. Gustafson _______________________________ Sack Thongvanh, City Administrator BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Capital Region Watershed Project - Fowell/Fulham Outfall Improvements Agreement Description In cooperation with Capital Region Watershed (CRWD), the City of Lauderdale, Ramsey County and the University of Minnesota, city staff has been working with the agencies to develop a cooperative agreement for a regional drainage project, Seminary Pond, in Lauderdale that drain the western side of Falcon Heights. As a secondary project to the Seminary Pond project is the restoration of the storm sewer outfall that serves the storm water drainage from the Grove neighborhood. Staff has worked with CRWD to create a cooperative agreement. The outfall project involves restoring the ditch downstream of the outfall which 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. The agreement defines the roles and responsibilities for each party. All engineering costs would be paid by CRWD. The estimated costs the Falcon Heights share of the construction costs are 100% of the construction costs estimated to be $100,000. The project is schedule for bid in early September with construction later this fall. This portion of the project is being bid as an alternate so it could be removed from the project if the costs are too high. Budget Impact The estimated project cost is $100,000 which would be paid using storm sewer funds. The agreement allow the City to payback its portion of the cost in 3 payments in 2021-2023. Long term maintenance will also be 100% the responsibility of Falcon Heights. Attachment(s) • Project Location Map • Agreement Meeting Date August 26, 2020 Agenda Item Policy G2 Attachment Project Map, Agreement Submitted By Jesse Freihammer, City Engineer Action(s) Requested Staff recommends the approval of the Fowell/Fulham Outfall Improvements Agreement and authorize the City Administrator and Mayor to execute all necessary documents. Agreement CRWD 20-XXX Page 1 of 7 CAPITOL REGION WATERSHED DISTRICT COOPERATIVE AGREEMENT WITH CITIES OF LAUDERDALE AND FALCON HEIGHTS FOR CONSTRUCTION AND MAINTENANCE OF FOWELL/FULHAM OUTFALL IMPROVEMENTS Estimated Project Cost: $100,000 Exhibits: A: Fowell Avenue and Fulham Street Outfall Area This Agreement is between the Capitol Region Watershed District, a watershed district created pursuant to Minnesota Statutes chapter 103D (“CRWD”), City of Falcon Heights, a municipal corporation (“Falcon Heights”), and City of Lauderdale, a municipal corporation (“Lauderdale”), to apportion rights and responsibilities related to the construction and maintenance of the Folwell Avenue and Fulham Street outfall improvements in Falcon Heights and Lauderdale, Minnesota (“Project”). RECITALS 1. The Project has been approved by CRWD (Resolution 20-_______), by Falcon Heights (Resolution _______) and by Lauderdale by motion on _______, 2020. 2. The Project will provide erosion control and water quality improvements for the outfall area near Folwell Avenue and Fulham Street (Exhibit A). 3. The Project area is partially located in Falcon Heights and Lauderdale. Falcon Heights will secure any additional easements and access permissions from property owner(s) necessary for the construction and long-term maintenance of the Project. 4. Falcon Heights will provide long-term maintenance of Project. 5. The Project includes extension of storm sewer pipe, installation of other storm sewer infrastructure, grading, and site restoration with native vegetation. 6. CRWD will manage the design and construction of the Project on behalf of Falcon Heights. Agreement CRWD 20-XXX Page 2 of 7 AGREEMENTS 1. Responsibility for Design Engineering 1.1. CRWD is responsible for the preparation of all plans, specifications, proposals, and estimates for the Project. 1.2. CRWD shall be responsible for 100% for all costs related to design engineering of the Project. 1.3. Any changes requested after final design shall be the fiscal responsibility of the party requesting the change. 2. Procurement and Award of Contract 2.1. CRWD will take bids in accordance with state law, watershed district statute and City rules. 2.2. CRWD will award a contract and pay the contractor for all costs related to the Project. 3. Responsibility for Construction Engineering 3.1. CRWD shall perform or contract the performance of the construction engineering for all elements of the Project. 3.2. CRWD shall be responsible for 100% for all costs related to construction engineering. 4. Responsibility for Construction 4.1. CRWD shall perform or contract the performance of the construction of the Project. 4.2. Falcon Heights will be responsible for 100% of construction costs. Agreement CRWD 20-XXX Page 3 of 7 5. Payment Schedule 5.1. CRWD will invoice Falcon Heights for construction costs after final completion of the Project. 5.2. Falcon Heights will pay one-third of total actual construction costs by December 1st for three years starting in 2021 and ending in 2023. 6. Easement and Access Rights 6.1. Falcon Heights will be responsible for securing all easement and access rights to construct, inspect, monitor, maintain, and repair the Project. 6.1.1. Falcon Heights will acquire necessary easements and permissions on behalf of CRWD to perform the Project. 6.1.2. Falcon Heights will secure necessary rights to allow CRWD to access the project site to provide tours of the Project. 6.1.3 Lauderdale will grant permission to CRWD and Falcon Heights for the construction of the Project within its jurisdiction. 6.1.4 Falcon Heights will obtain an easement from Lauderdale upon final completion of the Project. 6.2. Falcon Heights will issue and obtain all necessary permits and provide all necessary approvals to construct the Project at no cost to CRWD. 7. Maintenance Responsibility for Project 7.1. Falcon Heights will be responsible for operation and maintenance of the Project and 100% of the O&M costs. 8. Ownership 8.1. Falcon Heights shall retain ownership and responsibility of the entire Project. CRWD and Lauderdale do not assume any responsibility of the Project except as specifically identified herein. Agreement CRWD 20-XXX Page 4 of 7 9. CRWD, Falcon Heights and Lauderdale shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by CRWD, Falcon Heights, or Lauderdale of any statutory or common law immunities, limits, or exceptions on liability. 10. Other provisions 10.1. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. 10.2. Cooperation and Compliance with Minnesota and Federal Law. Parties agree to cooperate in any manner necessary to effectuate this agreement or complete the Project. Parties understand that funding for the Project includes funds from CRWD and Falcon Heights and that each of these sources might have requirements for funding, contracting, procurement, data practices, prevailing wage, or record-keeping that is in addition to those included herein. Parties agree to cooperate in meeting any of these additional obligations. 10.3. Records. All parties agree to maintain records of costs pertaining to the Project in accordance with Minnesota Statutes and relevant internal record keeping and accounting procedures. 10.4. Modification. It is understood and agreed by the parties hereto that this agreement shall not be modified or amended except in writing duly signed by each of the parties. 10.5. This agreement may be executed individually in counterparts, with each part an original, and together all parts form a single document. [Signature pages to follow] Agreement CRWD 20-XXX Page 5 of 7 CITY OF FALCON HEIGHTS Date:__________________________ _______________________________ Mayor Randall C. Gustafson _______________________________ Sack Thongvanh, City Administrator Agreement CRWD 20-XXX Page 6 of 7 CITY OF LAUDERDALE _________________________________ Date:__________________________ Mary Gaasch, Mayor _________________________________ Heather Butkowski, City Clerk-Administrator Agreement CRWD 20-XXX Page 7 of 7 CAPITOL REGION WATERSHED DISTRICT _________________________________ Date:__________________________ Joseph Collins, Board President _________________________________ Mark Doneux, Administrator Approved as to form: _________________________________ CRWD Attorney / Assistant County Attorney BLANK PAGE  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. ´ 0 160 320 480 640 FeetSeminary Pond Location Map August 21, 2020 mapdoc: Seminary Pond - Location Map.mxdmap: Seminary Pond - Location Map.pdf Larpenteur Ave MN 280 C l e v e l a n d A v e Hoyt Ave Hendon Ave Como Ave Falcon Heights Saint Paul Lauderdale F u l h a m S t Folwell Ave Seminary Pond Gasperre Pond Channel stablization between Fulham St and Seminary Pond BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Amendment to Administrative Manual for Standards Concerning Communication and Enforcement of Immigration Laws Background Following discussion about a possible Welcoming City Policy/ Resolution/ or Ordinance, staff have drafted an amendment to the City Council section of the Administrative Manual. The new policy sets standards for the communication and enforcement of immigration laws among city employees. Budget Impact N/A Attachment(s) • Policy Action(s) Requested Staff recommends approving the attached Policy with Standards Concerning Communication and Enforcement of Immigration Laws. Meeting Date August 26, 2020 Agenda Item Policy G3 Attachment Draft Policy Submitted By Sack Thongvanh, City Administrator BLANK PAGE  City of Falcon Heights Administrative Manual Section I City Council A. Ethics Policy B. City Council Standing Rules C. Public Meeting Guidelines D. Standards Concerning Communication and Enforcement of Immigration Laws BLANK PAGE  Adopted August 26, 2020 D. STANDARDS CONCERNING COMMUNICATION AND ENFORCEMENT OF IMMIGRATION LAWS I. Purpose Although the City works cooperatively with the Department of Homeland Security, as it does with all state and federal agencies under relevant state and federal laws, the City does not operate its programs for the purpose of enforcing federal immigration laws. II. In General In conformity with state and federal law, when determining eligibility for, and providing general city services, city employees and officials shall: (1) Complete I-9 forms, question a person regarding the I-9 form and documents supporting the I-9 form, and may allow Homeland Security to audit the I-9 forms as required by law. (2) City employees shall request and inquire about immigration status only when specifically mandated to do so by law. As a corollary, City employees shall solicit evidence of a person's identity only when necessitated by the employee's work duties. City employees shall not discriminate against any current or potential service users based on race, sexuality, creed, religion, disabilities, immigration status, or any other identity factor. (3) Other than complying with lawful subpoenas, city employees and representatives shall not use city resources to detect or apprehend persons whose only violation of law is or may be being undocumented, being out of status, or illegally residing in the United States (collectively) undocumented. (4) A Minnesota issued driver’s license and or a photo identity document issued by the person’s nation of origin such as a driver’s license, passport, or matricula consular are each adequate evidence of identity and the possession of either shall not subject the person to higher levels of scrutiny or different treatment. This paragraph does not apply to I-9 forms. General city services means all city services except services specifically listed as public safety services in Section III. III. Public Safety In conformity with state and federal law, when performing public safety duties, city employees, shall: (1) Not perform any public safety action for the purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status. Adopted August 26, 2020 (2) Shall not question, apprehend or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c). All public safety conduct related to the communication and enforcement of civil immigration law shall be documented and made available to (a) the City Attorney, (b) City Council, and (c) the City Administrator. The report shall include any applicable Department of Homeland Security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in charge, and the name of the officer authorizing the use of city personnel. The City shall make all efforts to contract with public safety agencies, including the police that abide by the standards and practices of Public Safety Officers in this Section. IV. Complaints and Discipline Violation of this Policy shall be subject to disciplinary action under the appropriate union contract, civil service commission rules, or Falcon Heights Personnel Policy. It shall not be a violation of this chapter to require the completion of I-9 forms or to inquire into or disclose the immigration status of the complainant or witnesses if necessary as part of the investigation of a complaint of a violation of this chapter, or if deemed necessary by the appointing authority to administer discipline for such violations. V. Subpoena This policy does not prohibit city employees from responding to a properly issued subpoena.