HomeMy WebLinkAbout01-13-2021 Regular MeetingCITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
January 13, 2021 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.December 16, 2020 City Council Workshop Minutes
2.December 23, 2020 City Council Regular Minutes
E.PUBLIC HEARINGS:
1.Ordinance Amending Chapter 8, 22, 26, 105 and 113 of the City Code Concerning
Fire Departments
F. CONSENT AGENDA:
1. General Disbursements through: 1/07/21 $182,817.40
Payroll through: 12/31/20 $16,768.31
2.Approval of City License(s)
3.Designation of Official Depositories for 2021
4.Review Elected Official Out-of-State Travel Policy
5.Review and Adopt Council Standing Rules
6.Council Appointment as Liaison for City Commissions
7.Appoint Acting Mayor
8. Mile Reimbursement Rate for 2021
9.Appointment of Vandara Thammavongsa to Assistant to the City Administrator
10.Resignation of Katie Kohns from the Community Engagement Commission
11.Resignation of Georgiana May from the Community Engagement Commission
12. Purchase of 2021 Ford F250 and Attachments for the Public Works Department
13. 2020 Additional Year End Budget Amendment
14.Accept Donation from Falcon Heights/Lauderdale Lions
G: POLICY ITEMS:
1. Fire Protection Services with the City of Saint Paul
2. Dissolution of the Falcon Heights Fire Department and Termination of Employees
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 discussionwill be held on these items.
J.ADJOURNMENT:
*You can participate in the meeting by clicking the following Zoom link:
https://us02web.zoom.us/j/89488033956
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CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
MINUTES
December 16, 2020
6:30 P.M.
NOTE: THIS MEETING WAS HELD BY WEB CONFERENCE
A. CALL TO ORDER: 6:32 PM
B. ROLL CALL: ANDREWS _X__ GUSTAFSON_X___ LEEHY_X__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH__X__
C. PRESENTATIONS:
D. POLICY ITEMS:
1. Amber Union – TIF Request
Administrator Thongvanh
The property was purchased by Buhl Investors and will be used for affordable housing. The
owner applied for and received a number of grants but has not received any state bonding. The
current projection is 60 percent AMI; there are a few more projects that are at 50 percent AMI so
the likelihood of receiving funding is very low. To increase their chances of receiving funding,
Peter has decided to move to 50 percent AMI but in doing so, will need some gap financing.
Buhl Investors is now requesting TIF to help fill this gap. The base value of the property is 3.5
million.
Peter Deanovic, Buhl Investors
We have received approval from the National Park Service on the plans we propose for the
building. We do not believe we will be able to receive financing unless we move to 50 percent
AMI. This reflects about a 20 percent reduction in rent, which means that there is less money
that can be used to cover costs. There is currently a gap of about 2.5 million. We still have the
adjacent parking lot and have committed that we will not develop this until the project is
completed. All units would be at 50 percent AMI, including the 3- and four-bedroom units.
To review our timeline with the site, Buhl Investors purchased the property in April 2019. We
applied for bonds in July and received $3.6 million. Later, the bonding process changed to a
lottery system and we were assigned 7th priority within the housing pool. In May 2020 we
applied for DEED grants and received $151K. In November, we applied for additional
environmental remediation funding and are still waiting to hear about the balance we will be
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awarded. In January 2021, we are anticipating application to the Housing pool with the 50
percent AMI, dependent on gap funding.
Council Member Wehyee
If you do not receive funding at the 50 percent level, would the cost be transferred to renters?
Peter Deanovic, Buhl Investors
As we think about going in for the January round, one of the things we’ve seen is that in every
instance, 50 percent projects take 2 bonding cycles. In the event that funding is not available in
January, then we would be in the unified pool and at that point would be first priority in the
summer.
Council Member Andrews
Would you be able to start the restoration this spring, regardless?
Peter Deanovic, Buhl Investors
That would be our hope. If we were able to bridge the funding gap we would like to proceed
with the asbestos remediation in March, which is about a 3-month process.
Mary Ippel
If the city is interested in granting TIF for the project and this request is not out of the ordinary,
in order to generate a TIF district, it’s necessary to notify the County commissioner, the school
district, a TIF plan is prepared. The maximum term cannot exceed 26 years. Once the document
is put together, the level of assistance is negotiated. The law firm Taft will be preparing a
development agreement containing the terms agreed to for assistance on a pay as you go basis
for the term the City decides to agree to.
Mayor Gustafson
Do the school district and the county have to agree to the TIF district in order for it to go
through?
Mary Ippel
No, they do not get any veto power. Under statute, they receive notice of the public hearing but
the decision is solely of the City Council. All three jurisdictions’ tax increment amounts, at the
percentage decided by the City, are captured and go to the developer for development related
expenditures.
Administrator Thongvanh
Typically, when cities set the amount at 90 or 95 percent, that remaining amount goes towards
administration of the TIF, for consultant costs, reporting costs, etc.
With this property, the City has never received taxes except for once we did receive an amount
based on a pilot agreement. Once Buhl Investors purchased the property, we would begin
receiving property taxes.
Council Member Leehy
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I am disappointed that we need to drop down to 50 percent AMI because that will leave some
individuals out, but it is very clear as to why this must be done.
Council Member Andrews
Is it the case that individuals that qualify for this housing would not need to qualify for Section
8? When do you anticipate occupancy?
Peter Deanovic
That is correct. We anticipate occupancy in December 2022.
Mayor Gustafson
Just to clarify, in order to qualify to rent a unit, your income must be 50 percent or less of the
area median income? Once a tenant’s income increases beyond 50 percent AMI, would they no
longer be able to live there?
Peter Deanovic
There is an income certification process, and depending on the size of your household that
income threshold changes. There is an income certification process that is done in line with
MHFA’s guidelines.
Mary Ippel
The person does not get kicked out if their income exceeds 50 percent AMI. It just means that
when the unit is rented initially, their income cannot exceed 50 percent AMI. Once their lease is
up and their income exceeds the threshold, there are additional rules and regulations dictating
eligibility.
Administrator Thongvanh
If there is consensus, the resolution would come before Council at the next meeting.
Mayor Gustafson
I’m in favor of moving this. I’m not a fan of tax increment financing but if we structure this one
correctly I think it will be an asset to the community.
Council Member Wehyee
Yes
Council Member Miazga
Yes, please proceed.
Counci Member Leehy
Yes, please move forward.
Council Member Andrews
Yes.
2. Police Services
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Council Member Miazga
Our law enforcement contract will automatically go to Ramsey County on April 1 unless we
have another entity on board by the end of March. I would like to communicate with other
agencies that may be interested. Since 2016 I think our image has improved, and I am hopeful
that there would be other agencies interested. I would like to authorize Sack to talk with other
entities about their interest in providing services.
Mayor Gustafson
Nothing wrong with talking to other cities to find out if they would be willing to increase their
services areas.
Council Member Andrews
I am curious what cities we are thinking of.
Mayor Gustafson
I would guess those we share a border with, so Roseville, St. Paul, and Lauderdale.
Council Member Leehy
We also have the U of M and the State Fair.
Mayor Gustafson
Yeah, it would be interesting to see if they would be interested.
Council Member Andrews
I am a little skeptical but I think this is better than trying to develop our own police department.
Administrator Thongvanh
I will continue to move forward on this and at some point, I will bring to council a letter of
interest to send to area agencies. We would seek bids by March to allow us time to decide.
3. Honorary Street Naming
Council Member Leehy
I first learned that there was a desire for an honorary name in July 6, 2017. Larpenteur Avenue
is a County jurisdiction, and after some changes made regarding authority and conversations
with the County and MNDOT, the City does now have some authority to move forward. There
is currently a petition circulating with about 24,000 signatures to rename a portion of
Larpenteur from Fulham Street to Fry as Philando Castille Memorial Avenue
I think it’s important for us to find out who in Falcon Heights is supportive of the naming. Once
we have a direction, I will communicate with the family of Philando Castile to inform them.
Council Member Wehyee
Is there a length of time that the renaming would be valid?
Council Member Leehy
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I assumed it would be permanent because of the significant work involved in the renaming of
the street. The County just needs to be notified that it is happening. Another step that we could
take is to notify residents and ask for their input before putting this as a policy item on a future
council agenda.
Council Member Andrews
I am supportive of this moving forward. I think this is an opportunity for the Council to show
leadership and make the change based on something we believe is important. I am also open to
getting community feedback if other council members feel it is important.
Council Member Miazga
I think it’s pretty straightforward. I am ok with proceeding without the input, the cost is
minimal.
Council Member Wehyee
I am ok either way. Ultimately, I just want to see the sign up. I think this is a great opportunity
to get input, which is something we are sometimes criticized for not doing enough of.
Mayor Gustafson
I do think it would be good to have some community input on this.
Administrator Thongvanh
It would be difficult to track whether the survey respondent is a resident. Another item to
consider is that in doing a survey, you have to be willing to face results that don’t match what
Council wants to see.
Council Member Leehy
I think in wording of the question, we should be clear that we are seeking resident feedback.
Council Member Wehyee
I would like to see an open-ended option for people to explain why they do or do not support
the renaming.
Administrator Thongvanh
Do we have consensus to move forward with the project? Or would you like staff to conduct a
survey?
Council Member Miazga
It seems like the consensus is a survey.
Administrator Thongvanh
I will work with Melanie on the survey and we will bring it back to the Council to review
survey questions and eventual results.
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E. INFORMATION/ANNOUNCEMENTS:
Council Member Wehyee
We did have a great Human Rights Day event, I want to thank our panelists, staff, and all who
helped make the event possible.
Administrator Thongvanh
Let me know if you have any questions about the TIF district for the Amber Union project. Staff
ordered new benches for the parks as well as ADA accessible picnic tables. We flooded the ice
rinks at Curtiss Field and the Community Park. I am working with the City Attorney and St.
Paul Fire to move forward with our process, there will be ordinance changes that are needed in
January. I have received a number or requests for recognition in the form of plaques. I have also
received requests for fire gear, and for the city to continue funding training for new recruits. At
the meeting on the 23, we will appoint the new staff person as Community Development
Coordinator.
Council Member Leehy
I just want to say that I am in agreement of sending recognition to our fire fighters.
Council Member Wehyee
Will we be having a formal vote on the issue of the fire department? Or does the previous
workshop constitute the final decision?
Administrator Thongvanh
The budget approval was one step towards that. In January, there will be a public hearing. The
Council will have to decide on the ordinance amendment. The amendment would add
authority to the City to contract out for those services.
F. ADJOURNMENT: 8:10 PM
_______________________________
Randall C. Gustafson, Mayor
Dated this 16th day of December, 2020
_________________________________
Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
December 23, 2020 at 7:00 P.M.
NOTE: THIS MEETING WAS HELD BY WEB CONFERENCE
A. CALL TO ORDER: 7:02 pm
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__
MIAZGA __X_ WEHYEE_X__
STAFF PRESENT: THONGVANH__X__
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. December 9, 2020 City Council Regular Minutes
Motion by Council Member Leehy;
Approved, 5-0.
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 12/15/20 $228,501.34
Payroll through: 12/15/20 $21,344.60
2. Approval of City License(s)
3. Appointment of Paul Moretto to Planner/Community Development Coordinator
4. Appointment of Christopher LaCasse to Parks and Recreation Commission
5. Resignation of Tom Williams from Planning Commission
6. Ramsey County GIS User Group Joint Powers Agreement
Approved, 5-0.
G: POLICY ITEMS:
1. Amber Union – Tax Increment Financing (TIF) Request
Administrator Thongvanh
The request from Buhl investors is for TIF to help close a financing gap due to their move from
60 AMI to 50 AMI in their affordable housing project at the Amber Union building. If the City
decides to approve the TIF, we will need to let the County and School District know. The City
would work with the developer to negotiate on the term of the TIF. This resolution says that the
City will consider TIF, these negotiations will come later. Staff recommend approval of the
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resolution and beginning to move forward with the Amber Union development for affordable
housing.
Council Member Wehyee
Is it true that we cannot project the tax impact on residents?
Administrator Thongvanh
Residents will not be impacted by the TIF. It will show up on it, but it does not affect the
amount of taxes they will pay.
Motion by Council Member Andrews to pass Resolution 20-60;
Approved, 5-0.
2. MnDOT Master Partnership Agreement
Jesse Freihammer, City Engineer
This agreement covers routine services that MnDOT provides and then charges the city back for
those services. The agreement expires June 2022.
Council Member Leehy
We only approve this every two years and not annually?
Jesse Freihammer, City Engineer
Yes, the last agreement was approved in 2016 for a year and a half. We are currently without an
agreement, though we have not needed one. The language changes are very minor from year to
year.
Motion by Council Member Wehyee to accept the MnDOT Master Partnership Agreement;
Approved, 5-0.
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: 7:30 pm
_______________________________
Randall C. Gustafson, Mayor
Dated this 23rd day of December, 2020
_________________________________
Sack Thongvanh, City Administrator
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213115v1
ORDINANCE NO. 21-01
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, 22, 26, 105, AND 113 OF THE CITY CODE CONCERNING FIRE DEPARTMENTS
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 18-22 of the Falcon Heights City Code is amended to revise the
following definitions to read as follows:
Fire false alarm means an alarm eliciting a response by personnel of the city's a fire department when a situation requiring a response does not, in fact, exist, and when is caused by the activation of the alarm system through mechanical failure, pet movement, inadequate cleaning or
maintenance, alarm malfunction, improper installation or the inadvertence of the owner/lessee of
an alarm system or his or her employees/agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner.
SECTION 2. Section 26-1 of the Falcon Heights City Code is amended in its entirety to read as follows: Sec. 26-1 – Fire Protection Provided.
(a) The city council shall provide fire protection by entering into contracts with various municipal and volunteer fire departments upon such terms and conditions as the city council may deem beneficial to the citizens of Falcon Heights.
(b) The fire chief of the fire department(s) contracting with the City of Falcon Heights shall have
the powers and authorities set forth in such contract. Any references to fire chief within this code shall refer to the fire chief of the contracting fire department. In addition thereto, the Fire Chief of each contracting Fire Department shall investigate the cause, origin and circumstances of each and every fire occurring in the district for which such Chief is responsible, and shall file a report
thereon with the office of the State Fire Marshal as required by MSA § 299F.04.
(c) The fire marshal and fire chief serving the city, or their representatives, shall enforce the provisions of this chapter and any related provisions of the city code.
Establishment of a volunteer fire department; rules and regulations; amendments
(a) Establishment. The Falcon Heights volunteer fire department is hereby established to provide public safety education, fire prevention and fire suppression. (b) Rules and regulations.
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(1) The members of the volunteer fire department, by a majority vote of the recorded
membership, shall propose to the city administrator a written code of rules and regulations
to control, manage and govern the department and to regulate its proceedings and business. Such rules and regulations shall not conflict with this section or future sections adopted by the city council. (2) Such proposed rules and regulations, or any changes shall become effective only after
approval by the council. Additional rules and regulations may be adopted by the council if
required for proper operation of the department. (c) Amendments to the volunteer fire department policies, rules and regulations. The city council may from time to time by resolution, amend any and all portions of the volunteer fire department's policies, rules and regulations. Such policies, rules and regulations shall become effective after
approval of the council.
SECTION 3. Section 26-2 of the Falcon Heights City Code is hereby repealed. Sec. 26-2 - Fire department relief association
A Falcon Heights fire department relief association is established pursuant to Minn. Stats. ch.
424A. The association must operate under by-laws approved by city council. Amendments to the by-laws may be proposed by the fire department relief association and are subject to city council approval. Amendments may, from time to time, be adopted by city council resolution.
SECTION 4. Subsection B of Section 105-111(2) of the Falcon Heights City Code is amended to read as follows: B. Authority of electrical inspector. The inspector shall have the right during reasonable hours to
enter any building or premises in the discharge of his official duties, or for the purpose of making
any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the inspector
to place such equipment in safe condition. If such work is not completed within 15 days, or any
longer period that may be specified by the inspector in said notice, the inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the any fire department, the inspector shall have the
authority to disconnect or cause disconnection immediately of any electrical equipment.
SECTION 5. Section 113-402(6) of the Falcon Heights City Code is amended to read as follows:
(6) Fire protection. The permittee shall, at his or her own expense, take adequate steps to insure
fire protection as determined by the city fire chief. SECTION 6. This ordinance is effective immediately upon its passage and publication.
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213115v1
ADOPTED this 13th day of January, 2021 by the City Council of Falcon Heights,
Minnesota.
CITY OF FALCON HEIGHTS
BY:
Randall C. Gustafson, Mayor ATTEST:
Sack Thongvanh, City Administrator
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SUMMARY ORDINANCE NO. 21-01
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 8, 22, 26, 105 AND 113 OF THE FALCON HEIGHTS CITY CODE CONCERNING FIRE DEPARTMENTS
This ordinance amends Chapters 8, 22, 26, 105 and 113 of the Falcon Heights City Code
concerning fire departments.
A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours.
APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this
13th day of January 13th, 2021.
CITY OF FALCON HEIGHTS
BY: ________________________________ Randall C. Gustafson, Mayor
ATTEST:
_____________________________________ Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 1/07/21 $182,817.40
Payroll through: 12/31/20 $16,768.31
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 January 13, 2021
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approval of City License(s)
Description
The following individuals/entities have applied for a Municipal Business
License for 2021. Staff have received the necessary documents for licensure.
1. James Kernik, DDS
2. Jackson Hewitt Tax Services
3. Northern Tier Retail, LLC (Speedway)
4. Phone Swap, LLC
5. American Family Insurance
The following individuals/entities have applied for a Refuse Hauler License for
2021. Staff have received the necessary documents for licensure.
1. Advanced Disposal
The following individuals/entities have applied for a Home Occupation License
for 2021. Staff have received the necessary documents for licensure.
1. The Touch Up Artist, Inc.
The following individuals/entities have applied for a Restaurant License for
2021. Staff have received the necessary documents for licensure.
1. Eggroll Queen
2. Stout’s Pub
The following individuals/entities have applied for an On-sale Liquor License
for 2021. Staff have received the necessary documents for licensure.
1. Stout’s Pub
The following individuals/entities have applied for an On-sale Wine and Beer
License for 2021. Staff have received the necessary documents for licensure.
1. Eggroll Queen
(continued on following)
Meeting Date January 13, 2021
Agenda Item Consent F2
Attachment N/A
Submitted By Ashleigh Walter
Administrative & Communications
Coordinator
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The following individuals/entities have applied for a Tree Contractors License
for 2021. Staff have received the necessary documents for licensure.
1. SavATree
2. Three Trees Horticulture
3. Birch Tree Care
4. Branch and Bough Tree Service
5. Vineland Tree Care
6. Northeast Tree, Inc.
The following individuals/entities have applied for a Multifamily Rental
Dwelling License for 2021. Staff have received the necessary documents for
licensure.
1. John Patrick McDonald- 1490 Larpenteur Avenue
2. Sherman Associates- 1530 & 1550 Larpenteur (Falcon Heights Senior
Apartments & Falcon Heights Town Square)
3. Gary Carlson- 1688 Arona & 1511 Larpenteur (Birch Terrace)
The following individuals/entities have applied for a Single Family Rental
Dwelling License for 2021. Staff have received the necessary documents for
licensure.
1. Linda Barnes- 1828 Moore Street
2. Edina Realty/King Fung- 1770 Asbury Street
3. Bill O’Rourke- 1469 Larpenteur Ave W #1 & 2
4. Francis Crowley- 1735 Snelling Ave N
5. Alejandro Kovacs- 1805 Prior Ave N
6. Jesse Nickols- 1867 Larpenteur Ave W
7. JHS, LLC/Steve Sarantos- 1927 Autumn St
N/A
Attachment(s) N/A
Action(s)
Requested
Staff recommends approval of the City license applications contingent on
background checks and fire inspections as required.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Designate Official Depositories for 2021
Description
All investments are made according to State law and the City’s Investment Policy.
The City Administrator and/or Finance Director are authorized to deposit general
and other funds therein and make investments and transfers for funds for the City
of Falcon Heights. Collateral is furnished by the financial institutions as required by
law.
Budget Impact
Attachment(s) • Resolution 2021-01 Designating the Official Depositories for the City of
Falcon Heights
Action(s)
Requested
Staff recommends approve of attached resolution for the official depositories for
2021.
Meeting Date January 13, 2021
Agenda Item Consent F3
Attachment Resolution
Submitted By Roland Olson, Finance Director
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 13, 2021
No. 21-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE
CITY OF FALCON HEIGHTS
BE IT HEREBY RESOLVED, by the city council of the City of Falcon Heights
that the following financial institutions be designated as depositories for funds of
the City of Falcon Heights:
US Bank System, LMC 4M Fund (checking account)
US Bank National Association
Wells Fargo Advisors
Minnesota Municipal Money Market Fund (4M and 4M Plus Funds)
PMA Securities Inc, PMA Financial Network Inc (4M and 4M
Plus Investment Pools)
BE IT FURTHER RESOLVED that the City Administrator and/or Finance
Director is authorized to deposit general and other funds therein and make
investments and transfers of funds in accordance with the City’s Investment Policy
for the City of Falcon Heights with Council approval. Collateral shall be furnished
by the financial institutions as required by law.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ____ Against City Administrator WEHYEE ANDREWS
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Review of Elected Official Out-of-State Travel Policy
Description
In 2005, the Minnesota State Legislature passed a requirement that cities adopt a
policy that regulates out-of-state travel by elected officials. The Falcon Heights City
Council adopted the attached policy on November 9, 2005. One provision of the
statute is that the policy be reviewed annually by the City council.
Budget Impact N/A
Attachment(s) • Elected Official Out-of-State Travel policy
Action(s)
Requested
Staff recommends that the Falcon Heights City Council affirm the attached City of
Falcon Heights Elected Official Out-of-State Travel policy adopted November 9,
2005.
Meeting Date January 13, 2021
Agenda Item Consent F4
Attachment Elected Official Out-of-State Travel
Policy
Submitted By Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Review and Adopt Council Standing Rules
Description
Each year at the first Council meeting, the City Council reviews the operating
procedures it intends to use, and decides if changes are warranted.
The standing rules have been amended as of September 23, 2020 with the City
Council and Advisory Commission Roles and Guidelines as attached.
Budget Impact N/A
Attachment(s) • City Council Standing Rules
• City Council and Advisory Commission Roles and Guidelines
Action(s)
Requested
Staff would recommend adopting the Council Standing Rules for 2021.
Meeting Date January 13, 2021
Agenda Item Consent F5
Attachment City Council Standing Rules
Submitted By Sack Thongvanh, City Administrator
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City Council and Advisory Commission Roles and Guidelines (Adopted 9-23-20)
City Council and Advisory Commission Roles and Guidelines PURPOSE The purpose of the document is to outline the main roles, duties, and authority of the City Council (Council) and Advisory Commissions (Commissions). This document also establishes general guidelines for decorum of the governing bodies such as proper procedure during meetings, best practices
to represent Council and the community, and other state and local laws that apply.
POLICY
A. City Council Role and Authority The five-member City Council is the chief governing body of the City whose responsibility it is to
see that the City is properly exercising its functions, fulfilling the duties law imposes, overseeing the
organization's financial affairs and selecting the City Administrator, and not exercising powers which it does not legally possess. The City Council, as a body, has the following major areas of authority and responsibility. These
are:
1. Selecting the City Administrator 2. Focus on policy and outcomes ensuring that the strategic direction leads the city to the desired outcome
3. Setting and interpreting rules governing its own proceedings,
4. Exercising all the statutory powers of cities, 5. Legislating for the City, 6. Directing the enforcement of City ordinances, 7. Appointing or hiring non-seasonal or non-temporary personnel,
8. Overseeing the City’s financial operations and adopting the annual budget,
9. Appointing members of the boards, commissions, committees, chairs and task forces conducting the City’s inner and regional governmental affairs, 10. Protecting the general health, welfare and safety of the City and its inhabitants 11. Providing community leadership and vision
The most important single responsibility of individual Council Members is participation and voting at City Council meetings and workshops. As individuals, Council Members have no individual administrative authority; they cannot direct staff or otherwise supervise City employees unless the Council specifically directs them to do so. Staff’s respective duties are to Council as an entity. No
one Council Member has any right to privileged information, or the direction of staff analysis,
research or action apart from the group. As a Council, however, Council Members should devote their official time to issues of basic policy and to acting as liaisons between the City and the general public. Council Members should be concerned, not only with the conduct of current affairs, but also with the future development and welfare of the City.
B. Affirmation of Expectations The Council seeks to establish commonly held expectations and to clarify roles and procedures to further Council and staff effectiveness. These various initiatives are to not suppress the dynamic
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engagement which is so valuable to policy development. The Council is committed to a set of
behavioral expectations, intended to create a high level of trust, creativity, and productivity. These
include: 1. Staying focused on top priority and strategic goals, rather than becoming reactive, 2. Engaging in proactive, on-going communication which avoids unnecessary surprises,
3. Seeking common ground and coming together, avoiding the fueling of controversy or anxiety,
4. Focusing on others’ actions and avoiding speculation about their intentions, 5. Building trust by being transparent, ethical, and acting with integrity, 6. Engaging in and encouraging direct communication, 7. Maintain confidentiality of all closed session materials and discussion,
8. Assuming good intentions and asking about intent, and
9. Respecting all citizens and all members 10. Read packets ahead of time and, when possible, provide the City Administrator advance notice about questions for staff before the meeting 11. Participate in all issues, not just select matters of personal interest
12. Voting after council discussion
13. Debate and disagree, without fighting and with keeping it to the issue at hand 14. Remember that council makes policy and sets direction, and staff manages the operations and implements Council actions
There are also expected activity levels of Council Members in addition to attending additional
meetings, training, activities and events as part of the fulfillment of their duties. Some of these are: 1. City Council Orientation: Setting the information foundation of a Council Member is important. Therefore, for each new Council Member, a detailed orientation plan should be completed and
fulfilled within the first year of office.
2. City Council Meetings: Council Members are expected to be present and on time at all noticed meetings of the City Council. Absences from Council meetings should be identified as soon in advance as possible and communicated to the City Administrator to assure a quorum and
necessary voting numbers are present for any given action before the Council.
3. Council Liaison: Each Council Member will be assigned meetings through the year by the Mayor and approved by the Council that they are expected to attend on behalf of the City Council. Information from these meetings that might be of interest to the other Council
Members should be reported at the end of the monthly City Council workshop meetings under
“Mayor and City Council Comments and Commission Liaison Updates.” This portion of the Council meeting is not a time for further discussion or questioning beyond specific clarification of the update or announcement. Such is best handled during other communication routes or one to one meetings with staff, Mayor, or Council Members.
4. Additional Meetings: There are a number of meetings outside the normal meeting schedule that it is important for Council Members to attend. Some of them are:
• City Council/Advisory Commission Kick-off event
• Groundbreaking and grand openings of City facilities
• Joint meetings with other public entities
• One-on-one meetings with the City Administrator as established
• Development Tour
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• Emergency Management Training
• Racial Equity an Inclusion training as designated for Falcon Heights Staff, Council and Commissioners.
• Human Rights Day
• City Organized Events (ex. Human Rights Day and Ice Cream Social) C. Advisory Commission Role and Authority
Advisory Commissions have a primary role to advise the City Council in the creation and evolution of City policies and procedures. In particular instances, governing bodies may facilitate public participation in order to fully develop a recommendation to the City Council. City staff members are available to provide general assistance to Advisory Commissions. Advisory
Commissions are not involved in the administration or operation of City departments. Commissions may not conduct major studies, or establish official policy without the approval of the City Council. Despite Commissions’ differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific commission. Conscientious attendance is also a
fundamental responsibility, as irregular attendance lessens one’s ability to study all aspect of items under consideration. D. Non-Participation in Administration
The City Council has an important oversight and fiduciary responsibility and must develop processes to ensure accountability. Central to an understanding of the role of Council Members is a confirmation of an appropriate relationship with staff. Members of the Council shall refrain from becoming directly involved in the administrative activities of the City and shall not intrude into those
areas that are exclusively the responsibility of staff. Individual Council Members may not intervene
in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the Council as a whole. Neither an individual Council member nor any Commission member shall give direction or orders to any staff member.
The Council shall work with City staff through the City Administrator or his / her designee. The City Administrator may choose to establish formal or informal norms for routine Council or Commissioner Staff interaction.
E. Agendas Council and Commission agendas shall be established by the City Administrator or his / her designee. Future agenda items requested by a Council Member or Commission Member shall be discussed during a regular and/or workshop meeting and will be determined by the majority of the
Council or Commission. In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be at the Council meeting rather than administrative details. Any clarifications or technical questions
that can be readily answered should be handled before the meeting. Council Members are
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encouraged to submit their questions on agenda items to the City Administrator as far in advance of
the meeting as possible so that staff can be prepared to respond at the Council meeting.
Any staff member (authorized by the City Administrator”), the Mayor or two (2) Council Members wishing to add an item to any agenda pursuant to this section shall do so by complying with the following: (a) All requests from Council to place an item on the posted agenda must submit an
action form to city administration* and be received by the City Administrator by 10:00 a.m. 11 days
prior to the next Council work session meeting. For a regularly scheduled Wednesday Workshop, the deadline for agenda item would be 10:00 a.m. on the Thursday preceding packet completion. All request from the Mayor and Council must first be reviewed at a Council Workshop before being placed on the agenda of a regular meeting.
F. Communication 1. E-mails: All e-mails sent through the City server shall be saved per the City’s data retention policies. Each Council Member shall be assigned a unique City e-mail address for City-related
e-mail communication. It is strongly advised for Council Members to exclusively use this
address for their City business e-mails. Use of personal email for City business could create government data to their personal account subjecting them to retention laws and possibility of discovery if the City receives a data request.
Council Member e-mail communications should be directed either to the City Administrator or
to a department head, copying the City Administrator. General electronic communications related to the specific functions of the City Clerk (i.e. scheduling of meetings, record retention, data practices, research, etc.) and the Communications Coordinator (i.e. composing of various items such as articles for the newsletter, press releases, and general correspondence) following
positions, may be directly e-mailed, copying the City Administrator.
Council Member communication may not copy more than one other Council Member in their correspondence, nor should e-mail messages be forwarded on from one member to another so as to create a “walking quorum.” E-mails to Council Members from the public should be done
through City issued emails, which will be shared with all members of the Council.
Advisory Commission members will not receive a City e-mail address. Commissioners should direct all their communications to their Commission staff liaison.
2. Written correspondence: The City Clerk or assigned staff shall open up incoming mail for the
Mayor, Council Member and Commission Members (unless it is labeled personal and confidential) and disseminate these materials. The City Clerk or assigned staff is authorized to provide copies of Council Members’ correspondence to pertinent staff members. General correspondence addressed to Council Members shall be opened and distributed to all Council
Members as appropriate.
3. Text messages/social media correspondence: All electronic communications from Council to staff or from Council to the public should utilize a City issued address.
4. The City logo, insignia and brand can only be used for City business and not for political or
personal purposes.
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5. Prior to interviews with the press, Council Members will inform the City Administrator or
designee to coordinate message points.
6. Speaking for the City: When Council Members are requested to speak to groups or are asked for the City Council’s position on an issue (verbal or written), the response should reflect the position of the City Council as a whole. A Council member may clarify his/her vote on a matter
by stating, for example, “While I voted against X, the City Council voted in support of it.”
When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member. The City Administrator will be the designed representative for all media inquiries and interviews
when requested for an official statement of the City, unless specified differently by the full City
Council. G. General Meeting Guidelines
During meetings, members shall preserve order and decorum and shall obey the rules of the
governing body. Governing bodies are expected to conduct meetings implementing Robert’s Rules of Order (11th edition). Discussions shall be conducted in an orderly fashion. Private conversation between members during meetings is inappropriate. Members also should not privately communicate with any member of the public, including other governing body members and staff via
electronic means during a public meeting. As much as possible, or practical, members should
provide City staff questions in advance of a meeting that may entail research and preparation for items on the forthcoming agenda. The City Council will also comply with the Council Standing Rules which is adopted annually to
include Sikkink’s Seven Motion System.
A member once recognized, shall not be interrupted while speaking unless called to order by the chair, or the speaker chooses to yield to questions from another member. All members shall accord the utmost courtesy to each other, to City employees and to the public appearing before the body.
Members shall also refrain at all times from rude and derogatory remarks. Members shall confine
their remarks to the issues before the body and shall not attempt to revisit or reopen issues already addressed and settled with one exception: a member of the prevailing side on an issue may move for formal reconsideration of that issue.
Citizens and staff attending meetings shall also observe the same rules of propriety, decorum and
good conduct applicable to Council/Commission Members. Any person making personal, impertinent, or slanderous remarks or anyone who becomes boisterous while addressing the body or while attending the meeting shall be asked by the Mayor/Chairperson to conduct themselves properly, and if they fail to do so shall be asked to leave the room.
If the governing body conducts public hearings, members shall not express their views on a proposal until after a public hearing is closed. Members’ comments and questions shall not suggest a position. After a public hearing is closed, members shall be invited to discuss their views on the proposal. Members shall apply City Council and Advisory Commission Guidelines and Practices to
achieve win-win solutions whenever possible.
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Outside of deliberations, it is a member’s responsibility to present views and recommendations
representing the governing body as a whole. Members expressing views not represented by the
majority of the body shall identify them as such. Public statements shall not include promises that may be construed to be binding on the City, governing body or staff. When making a public statement, members shall indicate that Commission
actions are recommendations and that final action will be taken by the City Council.
Public officials and representatives on governing bodies shall follow Minnesota State Statute 10A.07 Conflicts of Interest and Minnesota State Statute 10A.09 Statements of Economic Interest.
The success or failure of a governing body’s efforts may be dependent upon the degree of
cooperation evident among the individual members of the body; therefore, members shall work to establish a good relationship with each other. Each member shall keep in mind these important points:
° Show respect for another’s viewpoint.
° Allow others adequate time to fully present their views before making comments. ° Be open and honest. ° Make new members feel welcome and help them become acquainted with their duties.
° Comments are confined to the current issue or policy, not to the person who made other
comments
° Refrain from speaking a second time until everyone has spoken a first time
° No verbal attacks of other members
° No side conversations
° Pay attention (avoid use of any personal technology devices)
° Speak directly and openly to one another
° Support Council decisions Members shall not vote on, nor participate in the discussion of, issues in regard to which the member has a conflict of interest. Conflict of interest is generally defined as having a personal financial
interest in the outcome. Further information can be obtained from the City Attorney by contacting
the City Administrator. Members are also expected to consider issues in terms of the good of the City as a whole and should, as much as possible, be perceived as considering issues on this basis. To this end, members are
requested to publicly disclose any relationships to parties involved in an issue or possible perceived
conflicts which might be viewed as impacting their ability to objectively consider an issue before them. H. Requests for Information/Analysis
City Council requests for information should be made through the City Administrator, according to protocol for channeling communications. Any request that requires a significant amount of staff time to research a problem or prepare a response may be referred to the full Council for direction to ensure that staff resources are allocated in accordance with overall Council priorities.
Commission requests for information will be made to the designated Commission staff liaison. Requests requiring a significant amount of staff time to research a problem or prepare a response
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may be referred to the full Commission for direction to ensure that staff resources are allocated in
accordance with overall Commission priorities as directed by the Council.
I. Conflicts of Interest State laws regarding ethics and conflicts of interest are some of the most important for Council
Members to be aware of and follow. Essentially, these laws prohibit any Council Member from
voting on any question that is brought before the Council in which he/she is personally involved, or has an incompatible occupational or financial interest. Due to both the complexity of these laws and the significant consequences if violated, it is highly suggested that Council Members discuss with the City Attorney potential conflicts who shall consult the City Administrator.
J. Discrimination The City of Falcon Heights does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation or disability in the admission or access to, or treatment or
employment in, its programs, activities, or services. Members of a governing body must adhere to
this City policy as well as City policies regarding non-discrimination, harassment or inappropriate behavior. K. Gifts
All local officials in the State of Minnesota, including appointed commissioners, are required to adhere to Minnesota Statute 471.895. Non-adherence to these guidelines may be subject to review by the City Council.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Council/City Commission Liaison Assignments
Description
Councilmembers are each assigned to serve as a liaison between City Council and
various commissions each year. Assignments for 2021 are as follows:
• Planning Commission – Melanie Leehy
• Community Engagement Commission – Randall Gustafson
• Parks and Recreation Commission –Kay Andrews
• Environment Commission – Yakasah Wehyee
• Northeast Youth and Family Services – Mark Miazga
• North Suburban Cable Commission (Nine North) – Sue Majerus
o Mayor Randall Gustafson will be the alternate
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
I recommend approval of the above assignments.
Meeting Date January 13, 2021
Agenda Item Consent F6
Attachment N/A
Submitted By Randy Gustafson, Mayor
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Acting Mayor
Description
Periodically, the Mayor’s absence requires that official duties (such as signing official
documents, running City Council meetings, etc.) need to be conducted in a timely
manner. Past practice has been to rotate this position among the various City Council
Members. The 2020 Acting Mayor was Council Member Mark Miazga.
The Mayor still retains the right to name other Council Members as Acting Mayor
when planned absences are anticipated, but the formal designation of an Acting
Mayor allows for continuity of operations in the case of an emergency or unplanned
absence.
Budget Impact N/A
Attachment(s) N/A
Action(s)
Requested
Motion to approve Council Member Melanie Leehy as the 2021 Acting Mayor.
Meeting Date January 13, 2021
Agenda Item Consent F7
Attachment N/A
Submitted By Randy Gustafson, Mayor
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Mileage reimbursement rate for 2021
Description
The business mileage reimbursement rate allowed by the IRS is 56 cents per mile
effective January 1, 2021. This is a 1.5 cent per mile decrease in the mileage rate
allowed by the IRS in 2020.
Budget Impact The mileage reimbursement rate is 56 cent per mile effective January 1, 2021.
Attachment(s) N/A
Action(s)
Requested
Staff recommends allowing the IRS approved reimbursement mileage rate of 56
cents per mile when employees use their personal vehicles for city business for
2021.
Meeting Date January 13, 2021
Agenda Item Consent F8
Attachment N/A
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Vandara Thammavongsa to the position of Assistant to the City
Administrator
Description
Vandara Thammavongsa has accepted the position of Assistant to the City
Administrator after the resignation of Nalisha Nandkumar. Nalisha Nandkumar
accepted the City Clerk position with a community in the west suburb.
Ms. Thammavongsa has a start date of January 19th, 2021.
Budget Impact This position has been budgeted for in 2021.
Attachment(s) • Offer Letter
• Resolution 21-02 Appointment of Vandara Thammavongsa to the position of
Assistant to the City Administrator
Action(s)
Requested
Staff recommends approval of attached resolution appointing Vandara
Thammavongsa to the position of Assistant to the City Administrator.
Meeting Date January 13, 2021
Agenda Item Consent F9
Attachment Resolution
Submitted By Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 13, 2021
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RESOLUTION APPOINTING VANDARA THAMMAVONGSA TO THE POSITION OF ASSISTANT TO THE CITY ADMINISTRATOR FOR THE CITY OF FALCON HEIGHTS WHEREAS, on November 20, 2020, Nalisha Nandkumar submitted her letter of resignation with a last day of employment on December 10, 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 Vandara Thammavongsa; WHEREAS, Vandara Thammavongsa has a start date of January 19th, 2021.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. Appoint Vandara Thammavongsa to the position of Assistant to the City Administrator, and 2. Authorize compensation of $24.04 per hour ($50,000/year).
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Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEHYEE
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January 4, 2021 Vandara Thammavongsa
16343 Jatos Circle
Lakeville, MN 55044
Offer Letter
Re: Employment Offer-Assistant to the City Administrator
Dear Ms. Vandara Thammavongsa,
Congratulations, I would like to offer the position of Assistant to the City Administrator
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 January 13th
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 $50,000 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 Park and Recreation 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
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Resignation of Katie Kohn from the Community Engagement Commission
Description
Katie Kohn joined the Community Engagement Commission in 2017, and has been an
asset to the Commission throughout the completion of her term. Most recently, Ms.
Kohn stepped into a role as interim chairperson to offer leadership for the planning of
Human Rights Day. Katie has also assisted with welcoming new Falcon Heights
residents by delivering Welcome Packets and door hangers. On December 29, 2020,
Ms. Kohn notified staff of her desire to resign from the Commission, effective
immediately. Staff are grateful for Ms. Kohn for the generosity she showed with her
time and leadership throughout her three years on the Commission.
Budget Impact N/A
Attachment(s) • Resolution 21-03 Resignation of Katie Kohn from the Community Engagement
Commission
Action(s) Requested Staff recommends approval of attached resolution accepting the resignation of Katie
Kohn from the Community Engagement Commission.
Meeting Date January 13, 2021
Agenda Item Consent F10
Attachment Resolution
Submitted By Ashleigh Walter
Administration & Communications
Coordinator
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 13, 2021
No. 21-03
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RESOLUTION ACCEPTING THE RESIGNATION OF KATIE KOHN FROM THE FALCON
HEIGHTS COMMUNITY ENGAGEMENT COMMISSION
WHEREAS, the City appointed Katie Kohn in March 2017 as a member of the City of Falcon
Heights Community Engagement Commission; and
WHEREAS, Ms. Kohn is approaching completion of her three-year term on the Community
Engagement Commission;
WHEREAS, on December 29, 2020 Ms. Kohn communicated her intent to resign her duties from
the Commission effective immediately;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota:
1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon
Heights.
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Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEHYEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Resignation of Georgiana May from the Community Engagement Commission
Description
Georgiana May joined the Community Engagement Commission in 2017, and has
been an active member of the commission throughout her term. On December 30,
2020, Ms. May notified staff of her desire to resign from the Commission upon the
completion of her term at the end of 2020. Staff are grateful for the commitment and
generosity Ms. May showed with her time throughout her term.
Budget Impact N/A
Attachment(s) • Resolution 21-04 Resignation of Georgiana May from the Community
Engagement Commission
Action(s)
Requested
Staff recommends approval of attached resolution accepting the resignation of
Georgiana May from the Community Engagement Commission.
Meeting Date January 13, 2021
Agenda Item Consent F11
Attachment Resolution
Submitted By Ashleigh Walter
Administration & Communications
Coordinator
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CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
January 13, 2021
No. 21-04
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RESOLUTION ACCEPTING THE RESIGNATION OF GEORGIANA MAY FROM THE
FALCON HEIGHTS COMMUNITY ENGAGEMENT COMMISSION
WHEREAS, the City appointed Georgiana May in February 2017 as a member of the City of
Falcon Heights Community Engagement Commission; and
WHEREAS, Ms. May is approaching completion of her three-year term on the Community
Engagement Commission;
WHEREAS, on December 30, 2020 Ms. May communicated her intent to resign her duties from
the Commission effective immediately;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights,
Minnesota:
1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon
Heights.
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Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MIAZGA Sack Thongvanh
ANDREWS ____ Against City Administrator
LEEHY
WEHYEE
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Purchase of 2021 Ford F250 and Attachments for the Public Works Department
Description
The City of Falcon Heights has an equipment replacement plan that was adopted by
council to replace pieces of equipment that have met or exceeded its life expectancy.
The piece of equipment that is being replaced is a 2010 Ford F250 that has met this
criteria. The piece of equipment being replaced will be auctioned off at the
Minnesota Surplus Services as soon as the new truck is delivered and equipped
with above stated attachments.
Budget Impact Money has been allocated in the 2021 Capital Equipment Fund (424). Funds for this
item are in the amount of $42,000. The budget line item also needs to be amended
upwards of $5000 to allow for the truck and attachment expenditures. Add $5000 to
budget line item 403-4403-01000 for 2021.
Attachment(s) Copies of the state bids are attached.
Action(s)
Requested
Staff recommends that the City of Falcon Heights Council approve the purchase of
the above mentioned truck and attachments under the State Contract Price with
Midway Ford in the amount of $28,946.31 and Crysteel Truck Equipment in the
amount of $14,145.55. Also, staff recommends increasing the budget line item as
listed above by $5000.
Meeting Date January 13, 2021
Agenda Item Consent F12
Attachment N/A
Submitted By Tim Pittman, Director of Public Works
and Parks, Roland Olson, Finance
Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Additional Retro Budget Amendment for Year End 2020 Infrastructure Fund
Description
Sometimes, at the end of the year, budget amendments need to be made to improve
the financial statements for year end. Staff recommends the following amendment.
The Infrastructure Fund (419) needs a budget amendment for the additional
engineering expenses in 2020 for the 2021 street project. These preliminary costs
for the 2021 street project are being accounted for in the Infrastructure Fund in
2020.
419-4419-80100 increase by 40,000
Amend budget line item as explained above.
Attachment(s) NA
Action(s)
Requested
Staff recommends a retro amendment for the year 2020 to the budget line item as
recommended above.
Meeting Date January 13, 2021
Agenda Item Consent F13
Attachment N/A
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Accepting Donation from Falcon Heights/Lauderdale Lions Club
Description
The Falcon Heights/Lauderdale Lions Club has utilized City facilities in the past,
most recently for annual holiday tree sales at the Community Park in November
& December 2020. On December 22, the City received with a letter from the
Treasurer, John Duncan a donation in the amount of $500 for the Falcon Heights
Friends of the Park Fund.
Budget Impact The donation will be applied to the Friends of the Park Capital Improvements
fund to support future parks initiatives.
Attachment(s) NA
Action(s)
Requested
Accept the generous donation from the Falcon Heights/Lauderdale Lions Club in
the amount of $500.
Meeting Date January 13, 2021
Agenda Item Consent F14
Attachment N/A
Submitted By Ashleigh Walter, Administrative &
Communications Coordinator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Fire Protection Services with the City of Saint Paul
Description
If the Council approves the Joint Powers Agreement between the City of Saint,
Paul, services will be provided starting 12:01am January 16th, 2021.
Budget Impact The 2021 City Levy reflects changes in Fire Services. The annual cost will be
$165,000 in 2021 and 2022 will have an increase of 2.25%.
Attachment(s) • Joint Powers Agreement Between the City of Saint Paul and the City of
Falcon Heights
Action(s)
Requested
Staff would recommend approval of the Fire Protection Services Agreement with
the City of Saint Paul.
Meeting Date January 13, 2021
Agenda Item Policy G1
Attachment Contract
Submitted By Sack Thongvanh, City Administrator
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Saint Paul Fire Department
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JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND
THE CITY OF FALCON HEIGHTS
THIS JOINT POWERS AGREEMENT (the "Agreement"), is made and entered into effective as of this ______ day of ______ , 2021 by and between the City of Falcon Heights (hereinafter called "Falcon Heights"), a Minnesota municipal corporation, whose principal office is located at 2077 West Larpenteur Avenue, Falcon Heights, Minnesota 55113, and the City of Saint Paul, through its Saint Paul Fire Department (hereinafter called "Saint Paul"), a Minnesota municipal corporation, whose principal office is located at 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, Falcon Heights and Saint Paul are hereinafter collectively called the "Cities".
WHEREAS, Falcon Heights intends to engage Saint Paul's Fire Department (the "Fire
Department") to provide Fire and the Hazardous Materials Response Team Services to all
of Falcon Heights; and
WHEREAS, the Cities are authorized under Minnesota Statutes, section 471.59 to
cooperatively exercise their commonly held powers and an aid agreement is critical to
providing and supporting emergency services; and
WHEREAS, Saint Paul through the Fire Department is willing and able to provide the
year round services and equipment desired by Falcon Heights when requested.
NOW, THEREFORE, subject to the terms and conditions set forth below, Falcon Heights
and Saint Paul agree as follows:
SECTION 1. Definitions.
1. Emergency means fires, medical, rescues, drowning(s), building damages, cave
ins, accidents, explosions, disaster response, or other types of incidents which a
fire department would respond to for the protection of life, health, and property.
This term shall be interpreted broadly to effect the purpose of this Agreement.
2. Fire Chief means the Chief of the Saint Paul Fire Department.
3. Fire Fighting Services means those services directed at rescue, fire suppression,
property conservation or special operations involving individuals, buildings on
property involved in a fire or other emergency.
4. Fire Preventative Services means those services directed at fire cause
investigation and determination, prefire planning, hazard identification and
elimination, public education and other activities intended to proactively
improvement the safety of life and property.
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5. Hazardous Materials Response Services means those services directed at the
identification, isolation, mitigation or removal of hazardous materials.
SECTION 2. Scope of Services from Saint Paul.
A. Services.
The Fire Department will provide the following services to Falcon Heights
pursuant to the terms and conditions set forth herein:
1. Fire Fighting Services and Fire Prevention Services from Saint Paul Fire
Stations as needed in the performance of the services described herein,
including mutual aid services as deemed necessary by situation.
2. Hazardous Materials Response Services of the Saint Paul Hazardous Materials
Response Team.
B. Equipment.
The Fire Department will provide all personnel and equipment that they have available
in Saint Paul that may be required to perform the above services.
1. The Fire Chief, or, in case of his absence or disability, the person in active
charge of the Fire Department, may in his discretion retain in Saint Paul such
equipment and personnel as may in his opinion be necessary for the proper and
adequate protection of Saint Paul, and will dispatch for the protection of
Falcon Heights only such personnel and equipment in response to the request
for services by authorized persons as in his opinion can for the time being be
safely spared from Saint Paul.
2. In case an emergency arises within Saint Paul while the equipment and
personnel of the Fire Department are engaged in fighting a fire for Falcon
Heights, the Fire Chief or other person in active charge of the department may
in his discretion recall to Saint Paul from the service of Falcon Heights such
equipment and personnel as he may in his opinion consider necessary to meet
said emergency. The determination of the Chief or the active head of the
department as to what equipment shall be furnished or withdrawn, as provided
herein, will be final and conclusive.
3. Notwithstanding the above, in the exercise of discretion regarding the
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personnel and equipment available for services in Falcon Heights, the Fire
Chief or designee will use best effort to ensure that the level of service provided
in Falcon Heights is comparable to that provided by the Fire Department in
Saint Paul.
C. Reports/Annual Meeting.
The Fire Department will provide Falcon Heights a quarterly report of 911 Responses to Falcon
Heights. The report will include numbers and purpose of calls, building/property involved, and result
of call/response.
If Falcon Heights desires specific patient care reports for risk management or insurance purposes,
Falcon Heights may request that the patient obtain the report from Saint Paul. Falcon Heights will
not receive patient care reports directly from the Fire Department.
The St. Paul Fire Chief and the Falcon Heights City Administrator shall hold at least one meeting annually
during term of this contract at least 120 days before its anniversary date to discuss Falcon Heights’s
satisfaction with the service provided during the year, and to discuss such other issues as either party deems
relevant to this contract.
D. Chain of Command.
The chain of command for purposes of making emergency decisions in incidents relating to fire
and hazardous materials services provided by Saint Paul pursuant to this Agreement will be as
follows when Saint Paul staff are in Falcon Heights providing such services:
1. The Fire Department will implement the Incidental Command System (ICS) as per
department procedures.
2. The Fire Department will respond with an Incident Commander who holds the title of
either District Chief, Deputy Chief or Assistant Chief of Operations.
3. Falcon Heights will provide a city representative for large scale events to communicate
with the Fire Department.
SECTION 3. Obligations of Falcon Heights.
1. Falcon Heights will provide any additional City services necessary for response to an
Emergency outside of the fire services provided by Saint Paul, including but not limited
to:
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a. Any required Public Works services;
b. Any required Police services;
c. Any required Code Enforcement/Safety and Inspections services; and
d. General emergency management needs.
Falcon Heights will coordinate any required water services with St. Paul Regional Water
Services.
A. Information.
Falcon Heights will provide necessary information related to the fire services upon written
request by Saint Paul or, in the case of an Emergency, as promptly as reasonably possible after any
request.:
A. Request For Services.
A call for an Emergency in Falcon Heights shall be received by the Ramsey County Public Safety
Answering Point (PSAP) at the Ramsey County Emergency Communication Center (RCECC) and
will be routed to the Fire Department. The Fire Department shall coordinate with RCECC to provide
the Fire Department the following information, as available, at the time of the request to Saint Paul
for services.
1. A description of the incident, including what happened, the time, the type of materials
involved, if any, the geographic area, and any other detail which may be helpful; and
2. A description of the most favorable response route to minimize the response time.
B. Incident Risk Management.
At the request of the Incident Commander, Falcon Heights may provide, at its option and at its
own expense, one or more of the following:
1. Crowd Control;
2. Evacuation of the site and surrounding area, as necessary;
3. Site Security (during and postincident);
4. Heavy equipment;
5. Diking material (as required by scope of incident); and
6. Hazardous Materials recovery by private contractor, if necessary.
C. Assistance with Recruitment.
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Falcon Heights agrees to assist Saint Paul in the recruitment of Department personnel. Assistance
may include providing notice to residents of Falcon Heights of employment opportunities via
electronic and print media, providing opportunities at Falcon Heights community events for the
Department to disseminate the information or otherwise as may be mutually agreeable to the parties.
SECTION 4. Term.
A. Term.
This Agreement shall commence on ______, 2021 and shall remain in full force for a period of
one year from that date, expiring on __________, 2023, unless terminated earlier pursuant to the
terms of this Agreement.
B. Renewal.
After expiration of the initial two year term, this Agreement shall automatically renew for
successive periods of one year unless either party provides written notice to the other as provided in
Section 11 of this Agreement
SECTION 5. Contacts/Authorized Agents for Services Provided.
Falcon Heights's contact person/liaison officer and authorized agent for Emergency services to be
provided pursuant to this Agreement is City Administrator.
Saint Paul's contact person/liaison officer and authorized agent for Emergency services to be
provided pursuant to this Agreement is the Fire Chief.
SECTION 6. Compensation and Billing.
A. Compensation.
1. Falcon Heights agrees to compensate Saint Paul at a rate of $165,000.00 for fire and
hazardous materials response team services performed under this Agreement for the
first year. The amount of compensation paid by Falcon Heights each subsequent
year will increase by 2.25%.
2. Saint Paul may request additional administrative cost compensation based on an
itemized invoice for actual costs incurred when extraordinary circumstances result
from a specific Falcon Heights authorized hazardous emergency response and such
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costs are authorized by Falcon Heights in writing in advance.
3. Saint Paul will be responsible for and pay, when due, all taxes and other
withholdings due on compensation paid to employees of Saint Paul.
4. Saint Paul will accept no income, payment, or compensation of any kind from any
third party in connection with or related in any way to the provision of the services
to Falcon Heights under this Agreement.
B. Billing.
Saint Paul agrees to invoice Falcon Heights for regular services provided under this Agreement
within 30 days of the end of each calendar quarter beginning with the quarter _________
_____________ , 2021. Saint Paul also agrees to invoice Falcon Heights by January 31 of each year
for all labor and/or other miscellaneous expenses incurred during the previous calendar year due to
extraordinary circumstances as previously approved by Falcon Heights. Upon review and
verification, Falcon Heights will pay Saint Paul the required amount within 35 days of receipt of each
invoice.
C. Emergency Services Charges. Falcon Heights, in its sole discretion, may exercise its
authority to impose and collect an emergency service charge on those receiving emergency services,
including fire services, within the City of Falcon Heights. Saint Paul shall have no right to, or interest
in, any service fees collected by Falcon Heights. If Falcon Heights imposes an emergency service
charge it shall provide Saint Paul a list of the specific types of information it determines it needs
collected in order to successfully impose and collect the charge. Saint Paul shall make a good faith
effort to collect the requested information for each service call to with the City of Falcon Heights and
promptly provide Falcon Heights with the information it collected.
SECTION 7. Independent Contractor.
In providing services to Falcon Heights under this Agreement, Saint Paul will be acting as an
independent contractor, and nothing will be deemed to create a relationship of employeremployee,
common law employee, principalagent, partner, or joint venture between Saint Paul and Falcon
Heights. Neither party has any authority to bind the other to any contract or agreement without the
other's written permission. Saint Paul will be responsible for all of its own federal, state, and local
taxes, withholding, social security, insurance, and other employee benefits. It is understood and
agreed Falcon Heights shall have no responsibility whatsoever toward the firefighters or other
emergency personnel including any employment related issues such as training, supervision,
performance reviews, or discipline. It is further agreed that Falcon Heights has no responsibility,
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beyond paying the agreed upon compensation under Section 6, for acquiring, operating, maintaining,
housing, or replacing equipment as needed to provide the fire services described herein.
SECTION 8. Liability.
Falcon Heights agrees to release Saint Paul, its officers, agents and employees, from all claims
for damages or loss resulting from failure to furnish or delay in furnishing personnel or equipment,
or from failure to prevent, control or extinguish any conflagration, whether resulting from the
negligence of Saint Paul, its officers, agents or employees or otherwise. Falcon Heights agrees to
indemnify, save and hold harmless Saint Paul, its officers, agents and employees, from all claims for
injury, loss or damage to persons or property occurring in connection with performance of the
services hereunder and arising out of and caused by the negligent act or omissions Falcon Heights's
officers, agents or employees.
Falcon Heights will reimburse Saint Paul for all loss and damage to equipment while being used
in Falcon Heights in connection with the furnishing of services under this Agreement, ordinary wear
and tear excepted.
SECTION 9. Insurance.
Both Falcon Heights and Saint Paul are municipal subdivisions under the statutes of the State of
Minnesota and represent and warrant that they are authorized as selfinsured or have in place
insurance policies for purposes of all property damage and general liability claims. Both Falcon
Heights and Saint Paul also represent that they have in full force and effect applicable health
insurance, including worker's compensation or disability insurance for themselves and their
employees performing work under this Agreement. Liability limitations and exceptions apply to both
cities pursuant to Minn. Stat., Chapter 466 and laws related thereto and no party shall recover
damages against Falcon Heights and Saint Paul any amounts greater than the limits on liability for
any one party as provided in Minn. Stat., Chapter 466. The cities shall both provide a copy of their
certificate or letter evidencing selfinsurance as described herein.
SECTION 10. Saint Paul's Warranties and Covenants.
Saint Paul hereby represents, warrants, and covenants as follows:
1. Saint Paul is financially solvent; able to pay its debts and is possessed of sufficient
working capital to provide the services/equipment in accordance with the
Agreement.
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2. Saint Paul warrants that it has complied with all applicable registration and licensing
requirements to enable Saint Paul to act as an independent contractor under the
terms of this Agreement.
3. Saint Paul has the experience and skills necessary to perform and provide the
services and equipment required pursuant to this Agreement. All services provided
by Saint Paul will be performed:
a. In a professional manner, with a high grade, nature, and quality
commensurate with that which is customa1y in the industry;
b. In compliance with all applicable federal, state, and local laws, rules,
regulations and ordinances, including, without limitation, the laws,
rules and regulations of the federal Occupational Safety and Health
Act (OSHA).
SECTION 11. Termination of Agreement.
This Agreement may be terminated by mutual consent of the parties at any time. This Agreement
may be terminated by either party for material breach upon 30 days' written notice to the other party
and that party’s failure to cure the default within said period of time. This Agreement is subject to
termination without cause by either party upon ninety (90) days' written notice. Upon termination,
Saint Paul will invoice Falcon Heights for the prorated portion of the total work already complete
of the total up to the time of termination.
SECTION 12. Data Practices.
Saint Paul and Falcon Heights agree to abide strictly by Minn. Stat., Chapter 13, the Minnesota
Government Data Practices Act. All of the data created, collected, received, stored, used, maintained,
or disseminated by Saint Paul in performing functions under this Agreement is subject to the
requirements of the Minnesota Government Data Practices Act and any service provider must comply
with those requirements as if it were a governmental entity. The remedies in the Minnesota
Government Data Practices Act apply to Saint Paul and Falcon Heights. If any provision of this
Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota state
laws, state law shall control.
SECTION 13. Legal Responsibilities to the Public.
Saint Paul will, while in Falcon Heights or performing any of the services hereunder, comply
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with all applicable local, state and federal safety laws and regulations including, without limitation,
laws and regulations under the federal Occupational Safety and Health Act.
SECTION 14. Access to Financial Records.
Falcon Heights may request statements of account regarding income or expenses generated
pursuant to this Agreement. Saint Paul agrees to provide such statements of account within a
reasonable period of time, not to exceed 45 days, after receipt of the request from Falcon Heights.
SECTION 15. Assignment or Transfer of Duties.
Saint Paul and Falcon Heights acknowledge that the services to be rendered under this Agreement
are unique and personal. Neither party may assign, transfer or delegate its rights, duties or obligations
under this Agreement without the prior written consent of the other party.
SECTION 16. Amendments.
All alterations, amendments, deletions or waivers of the terms of this Agreement shall be valid
and enforceable only when they have been agreed upon by both parties and executed by both parties
in writing.
SECTION 17. Entire Agreement.
It is understood and agreed that this Agreement constitute the entire agreement by the parties
concerning the subject matter hereof and supersedes all oral agreements and negotiations between
the patties relating to the subject matters herein.
SECTION 18. Interpretation of Agreement, Venue.
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota. All litigation regarding this agreement shall be venued in the District Court of the County
of Ramsey, Second Judicial District, State of Minnesota.
SECTION 19. Waiver.
The waiver by either of the Cities of any breach under the terms of this Agreement or the failure
by a City to enforce the rights or remedies arising under the terms of this Agreement shall not
constitute a waiver of a City's rights and/or remedies with respect to any subsequent breach or default
of the terms of this Agreement. The rights and remedies of the Cities provided or referred under the
terms of this Agreement are cumulative and not mutually exclusive.
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SECTION 20. Notices.
Unless otherwise specified in this Agreement, all notices or other written communications
required under this Agreement shall be delivered in person, recognized private delivery service or
deposited in United States Certified Mail, Return Receipt Requested. Any notices or other
communications shall be addressed as follows:
To Saint Paul:
Saint Paul Fire Department
645 Randolph Avenue
Saint Paul, MN 55102
Attn: Jill LaCcasse
To Falcon Heights:
2077 West Larpenteur Avenue
Falcon Heights, Minnesota 55113
Attn: City Administrator
SECTION 21. Severability.
The provisions of this Agreement are severable. If any part of this Agreement is rendered void,
invalid or otherwise unenforceable by a court of competent jurisdiction, such rendering shall not
affect the validity and enforceability of the remainder of this Agreement.
SECTION 22. Counterparts.
This Agreement may be executed individually in counterparts, with each part an original, and
together all parts form a single document.
SECTION 23. Electronic Signatures.
The parties agree that the electronic signature of a party to this Agreement be valid as an original
signature of such party and shall be effective to bind such party to this Agreement. The parties further
agree that any document (including this Agreement and any attachments or exhibits to this
Agreement) containing, or to which there is affixed, an electronic signature shall be deemed (i) to be
"written" or 'in writing," (ii) to have been signed and (iii) to constitute a record established and
maintained in the ordinary course of business and an original written when printed from electronic
files. For purposes hereof, "electronic signature" also means manually signed original signature that
is then transmitted by an electronic means, including without limitation a faxed version of an original
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signature or an electronically scanned and transmitted version (e.g. via PDF) of an original signature.
Any party's failure to produce the original signature of any electronically transmitted signature shall
not affect the enforceability of this Agreement.
IN WITNESS WHEREOF, the respective parties have executed this Agreement, intending to be bound
hereby effective the date and year indicated above.
[SIGNATURE PAGES TO FOLLOW]
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FALCON HEIGHTS
________________________________
Its:_____________________________
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SAINT PAUL
_________________________
Mayor or Designee
_________________________
Director of Financial Services
_________________________
Fire Chief
Approved as to Form
_________________________
Assistant City Attorney
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Adobe Sign
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Dissolution of the Falcon Heights Fire Department and Termination of
Employees
Description This is the final process for contracting Fire Protection Services with the City of
Saint Paul.
Budget Impact The City of Falcon Heights will contract with the City of Saint Paul for Fire
Protection Services.
Attachment(s) N/A
Action(s)
Requested
Motion by the City Council to terminate all Fire Department Personnel, Assistant
Emergency Manager and the Fire Marshall.
Meeting Date January 13, 2021
Agenda Item Policy G2
Attachment
Submitted By Sack Thongvanh, City Administrator
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N/A