HomeMy WebLinkAbout01-26-2022 Regular MeetingCITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
January 26, 2022 at 7:00 P.M.
NOTE: THIS MEETING WILL BE HELD BY WEB CONFERENCE*
A.CALL TO ORDER:
B.ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MEYER ___ WEHYEE___
STAFF PRESENT: THONGVANH____
C.APPROVAL OF AGENDA
D. PRESENTATION
1.Ramsey County Commissioner Trista MastaCastillo
E.APPROVAL OF MINUTES:
1.January 5, 2022 City Council Workshop Minutes
2.January 12, 2022 City Council Regular Minutes
F.PUBLIC HEARINGS:
G.CONSENT AGENDA:
1.General Disbursements through: 1/15/22 $79,579.28
Payroll through: 1/15/21 $19,469.05
2.Approve City License(s)
3.City Attorney Fee Adjustment
4.Assistant to the City Administrator Pay Adjustment
5.Interim City Administrator
H: POLICY ITEMS:
I. INFORMATION/ANNOUNCEMENTS:
J.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.
K.ADJOURNMENT:
*You can participate in the meeting by clicking the following Zoom link:
https://us02web.zoom.us/j/89690260531
Toll Free Number:
1-877-853-5247
1-888-788-0099
Webinar ID: 896 9026 0531
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
January 12, 2022 at 7:00 P.M.
A. CALL TO ORDER: 7:02 PM
B. ROLL CALL: ANDREWS __X_ GUSTAFSON__X__ LEEHY_X__
MEYER _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH_X___
Council Member Wehyee requested to amend the agenda and change Consent Item F7 to Policy
Item G2 for further discussion.
City Administrator Thongvanh requested to amend the agenda and add Policy Item G3
Appoint Public Works Director Tim Pittman as Interim City Clerk.
Motion by Council Member Wehyee to adopt the amended agenda;
Approved, 4-0.
C. PRESENTATION
1. Oath of Office for Eric Meyer to City Council Member
2. Oath of Office for Melanie Leehy to City Council Member
D. APPROVAL OF MINUTES:
1. September 22, 2021 City Council Regular Minutes
2. October 13, 2021 City Council Regular Minutes
3. October 27, 2021 City Council Regular Minutes
4. November 10, 2021 City Council Regular Minutes
5. December 1, 2021 City Council Workshop Minutes
6. December 8, 2021 City Council Regular Minutes
7. December 22 2021 City Council Regular Minutes
Council Member Leehy requested to amend the December 22, 2021 Minutes to fix a typo.
Motion by Council Member Andrews to approve the minutes;
Approved, 5-0.
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 1/05/22 $175,986.39
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Payroll through: 12/31/22 $21,197.34
2. Approval of License(s)
3. Designation of Official Depositories for 2022
4. Review Elected Official Out-of-State Travel Policy
5. Review and Adopt Council Standing Rules and Council/Advisory Commission
Roles and Guidelines
6. Council Appointment as Liaison for City Commissions
7. Appointment of Acting Mayor
8. Mile Reimbursement Rate for 2022
9. Appointment of Amy Christiansen to the Environment Commission
10. Appointment of John Pellegrini to the Environment Commission
11. 2022 Commission Re-Appointment(s)
Motion by Council Member Leehy to approve the Consent Agenda;
Approved, 5-0.
G: POLICY ITEMS:
1. City Administrator Hiring Process Timeline
Administrator Thongvanh gave a brief overview of the hiring timeline and what processes the
City has utilized in the past. The job posting closed today at 4:30 p.m. and a total of 18
applications were received. There are a number of qualified candidates and he was excited to
present them to the council for initial review. Thongvanh asked council members to decide who
will be on the community panel for interviews. In the past, residents from various city
commissions were selected.
Mayor Gustafson asked if an additional meeting would be scheduled this month so the council
would have additional time to review applications and discuss which candidates will move
forward for interviews.
Administrator Thongvanh agreed and stated that he and the mayor could review all
applications and form a list of those who meet the minimum requirements. Then, the list would
be sent to the rest of council for review and each council member would select their top 5
candidates. If everyone is comfortable with that timeline, another workshop meeting could be
held next week to confirm interview candidates.
Council Member Leehy stated she has been a part of the hiring process in the past and the
community panel is an important part of the process. Therefore, once it’s decided who should
be on the panel it’s important to have a few alternates in case there are scheduling conflicts.
Administrator Thongvanh agreed. In the past each council member has selected a community
member to be on the community panel.
Council Member Wehyee asked if the city could send a message out to the community to
inform residents of the opportunity to provide input and serve on the panel.
Administrator Thongvanh responded that was an option and the city has done that in the past
when assembling taskforces. However, keep in mind that doing so would add at least 2-4 weeks
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to the overall hiring process. Additional time would be needed to advertise, review
applications, and have further discussions with the council before moving forward.
Council Member Meyer agreed with Wehyee and thought it would be ideal to expand
community involvement if they had enough time.
Council Member Leehy added while it was a good idea, it was a very time-consuming process
when they appointed community members to the task force and may not be appropriate in this
hiring process since there is limited time.
Council Member Wehyee disagreed stating that since the city administrator position is an
important role and the hiring process shouldn’t necessarily be expedited. He wanted to ensure
that community members felt they had been given ample opportunity to participate.
Council Member Meyer stated that was a fair point. He asked whether there were any cons to
employing an interim administrator for longer should the council wish to spend more time on
the hiring process.
Administrator Thongvanh responded that since city administration is such a small operation, it
can be critical for staff to have that position filled as quickly as possible since it guides all other
positions.
Council Member Leehy added that the longer the process takes, the higher the potential is to
lose some applicants to other positions. This has happened before. Thongvanh agreed.
Council Member Andrews expressed concerns regarding the current number of openings on
city commissions impacting the amount of commissioner participation in this process.
Mayor Gustafson added that council members could post on their social media to advertise the
opportunity to participate on the community panel. Each council member would have the
discretion to choose any resident they wish to represent them during the community panel
interviews. It does not have to be a current commission member.
Council Member Leehy agreed and stated that seemed like the best option. Council members
could either have the option to pick community members that are already serving on city
commissions, or reach out to other community members who are qualified or want a chance to
participate. Thongvanh agreed.
Council Member Wehyee responded that while this was not his first choice, he understood the
concerns on adhering to the timeline. It would not be ideal to jeopardize city operations by
prolonging the absence of a city administrator.
Mayor Gustafson stated that every council member should try to recruit at least one community
member to be part of the interview panel as soon as possible. At the workshop meeting next
week, the council will go through the top applicants and decide who will move onto the
interview process. The council will also confirm the list of community panelists.
All council members agreed to call a workshop meeting next Wednesday, January 19th at 6:30
p.m. to discuss the following:
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1. Create a list of top candidates from the job applicant pool that will move forward to the
interview process
2. Each council member will bring forward a recommendation for the community panel
3. Confirm which council members will serve on the community panel
4. Solidify the interview questions for the job applicants
Motion by Council Member Leehy to set the workshop meeting and agenda;
Approved, 5-0.
2. Appointment of Acting Mayor
Mayor Gustafson stated that he had originally chosen Council Member Leehy as the 2022
Acting Mayor. This is standard each year, especially if any absences from the current mayor are
anticipated.
Council Member Wehyee stated he had taken this item off of the consent agenda because he
would like to have more discussion about this decision. Historically, there had been a rotation
so that each council member had an opportunity to share the responsibilities and experience.
Wehyee pointed out that Leehy had already served as Acting Mayor in the past.
Administrator Thongvanh agreed that this had been done in the past, however, as time went on
it became more difficult to adhere to the rotation system with council member transitions. The
default became selecting a council member with experience in the city and community. It is
normal for this item to be on the consent agenda since the mayor is choosing who will represent
them in their absence and typically there’s not much discussion on this item.
Mayor Gustafson added that he had chosen Leehy since she is not serving as a council liaison to
a commission this year and thus had more availability. If the council were to follow the rotation
system technically Council Member Andrews should be selected for 2022. Andrews also has the
most experience on the council after Council Member Leehy.
Council Member Meyer thanked Wehyee for opening up this discussion, stating it’s important
to know how these decisions are made and the processes that go behind them.
Motion by Council Member Meyer to appoint Council Member Andrews as the 2022 Acting
Mayor;
Approved, 5-0.
3. Appointment of Public Works Director Tim Pittman as Interim City Clerk
Administrator Thongvanh stated that the City had not hired an interim administrator in the
past. Typically, another staff member would temporarily fill in. Now that the City is hiring an
interim administrator it will be important to give a trusted staff member the power to sign off
on checks, payables and bills. Tim Pittman would act as temporary city clerk until the new
administrator is hired.
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Council Member Andrews and Council Member Wehyee asked if this would change his current
salary or hours.
Administrator Thongvanh responded that it may slightly increase his hours but ultimately, he is
only needed to review financials and sign off on them. He also noted that Pittman has served as
Interim City Administrator in the past and is relatively familiar with these duties.
Motion by Council Member Leehy to approve Public Works Director Tim Pittman as the
Interim City Clerk.
Approved, 5-0.
H. INFORMATION/ANNOUNCEMENTS:
Council Member Meyer stated that he is happy to be here and appreciative of the residents of
Falcon Heights for giving him this opportunity. He also thanked Gustafson for walking him
through the council processes.
Council Member Leehy thanked residents for reelecting her to serve the community. She is
excited for the positive change that can be made in the term ahead.
Council Member Andrews updated the council on the winter event that will be held mid-
February. It is being planned by the Community Engagement and Parks Commissions. She had
concerns with the city having an event when there are currently many health concerns
occurring in the state.
Mayor Gustafson provided more information on the winter event, newly named
Snowstravaganza, and explained that necessary COVID-19 precautions will be put in place. He
stated that the League of Women Voters is holding a virtual event on January 20th. He also
encouraged residents to reach out council members if they would like to participate in the
hiring process through the community panel.
Administrator Thongvanh stated that the council will need to decide whether a workshop will
be held in February. He planned to have the interim administrator in place by then. He also
planned to have the draft vaccine mandate to the council by the next regular meeting.
I. COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referred
for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items.
J. ADJOURNMENT: 8:55 PM
_______________________________ Randall C. Gustafson, Mayor Dated this 26th day of January, 2022
_________________________________ Sack Thongvanh, City Administrator
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CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
MINUTES
January 5, 2022
6:30 P.M.
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY___
MEYER _X__ WEHYEE___
STAFF PRESENT: THONGVANH__X__
C. PRESENTATIONS:
D. POLICY ITEMS:
1. Review City Administrator Hiring Process
Administrator Thongvanh updated the council members on prospective applicants
and explained the process he underwent when he was hired. Thongvanh has also
been reviewing a list of interim city administrators provided by the League of
Minnesota Cities (LMC). He may recommend the former Assistant City Manager of
Elko-New Market be chosen as Interim City Administrator since he has recently
retired, has over 30 years of experience in municipalities, and lives nearby in Arden
Hills.
Mayor Gustafson asked whether the other council members were comfortable using
past hiring processes. Council Member Andrews and Council Member Meyer
agreed.
Administrator Thongvanh stated that he will create a timeline and solidify the
process so that council may reference this to guide them moving forward. In the past
the following timeline and hiring process was utilized:
1. The position is posted and the mayor and city administrator review
qualifications of the applicants.
2. Qualified applicants will be selected and put on a preferred list which is then
sent to all council members for review.
3. Council decides who will move forward for interviews.
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4. The first round of interviews is conducted with a community panel and then a
staff panel. The community panel will consist of the mayor, one council member,
and up to five community members.
5. The final round of interviews is conducted with the full city council.
Administrator Thongvanh stated that the council will formally vote to approve this
hiring process at the regular meeting next week. He asked the council members to
think about how they would like to select residents for the community review panel.
Mayor Gustafson asked whether they would be able to repost the position if they do
not receive an adequate number of applicants. Thongvanh agreed and stated that
sometimes that is necessary.
Council Member Meyer asked to what extent is the current administrator able to
help with this transition?
Administrator Thongvanh stated typically it’s difficult for the former administrator
to be involved since the hiring process can be lengthy and he has a new position to
begin with a different city. That is why choosing an interim is a common practice.
His last day will be on February 1st and by that point he anticipated that at least the
first round of interviews would be taking place. Thongvanh stated that the interim
or new administrator are welcome to call him anytime if questions should arise.
E. INFORMATION/ANNOUNCEMENTS:
Administrator Thongvanh stated that he is still working on the vaccine mandate
policy with the city attorney and is hoping to bring it to the council by the end of
January. He also stated that there is currently no COVID-19 paid leave policy in
place should staff test positive and need to quarantine. However, he noted that all
administrative staff should have the opportunity to work from home should they
need to quarantine. Thongvanh emphasized the importance of technology being
available for this purpose and stated his next goal would be to ensure all council
members have laptops and work from home capabilities as well.
Mayor Gustafson reported that the Community Engagement Commission and the
Parks and Recreation Commission met earlier this week and set a date for the winter
event, Snowstravaganza. This event will be held on Saturday, February 12th from 1-3
pm at the Community Park.
F. ADJOURNMENT: 7:45 PM _______________________________ Randall C. Gustafson, Mayor Dated this 26th day of January, 2022
________________________________ Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item General Disbursements and Payroll Amended
Description
General Disbursements through: 1/19/22 $79,579.28
Payroll through: 1/15/22 $19,469.05
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 26, 2022
Agenda Item Consent G1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Approval of City License(s)
Description
The following individuals/entities have applied for a Tree Contractors License
for 2022. Staff have received the necessary documents for licensure.
1. Morgan’s Tree Service
The following individuals/entities have applied for a Municipal Business
License for 2022. Staff have received the necessary documents for licensure.
1. Young Spa – 1541 Larpenteur Ave W
The following individuals/entities have applied for a Multifamily Rental
Dwelling License for 2022. Staff have received the necessary documents for
licensure.
1. PC Hendrickson LLC – 1750 Larpenteur Ave W
The following individuals/entities have applied for a Single Family Rental
Dwelling License for 2022. Staff have received the necessary documents for
licensure.
1. Greg Rogers – 1947 Autumn
2. Rachael Witt – 1900 Tatum Street
Budget Impact 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.
Meeting Date January 26, 2022
Agenda Item Consent G2
Attachment N/A
Submitted By Vandara Thammavongsa
Assistant to the City Administrator
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ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item City Attorney Fee Adjustment
Description
The Legal Services Agreement with Campbell Knutson has not been updates
since February of 2008. The proposal contract reflects the standard rates for
most of their cities and is commensurate with the contract rates for similar
cities.
Budget Impact The increase in within the adopted 2022 Budget.
Attachment(s) • Proposed Legal Services Agreement
Action(s)
Requested
Staff recommends approval of the proposed legal services agreement and
authorize the City Administrator and Mayor to execute all necessary
documents.
Meeting Date January 26, 2022
Agenda Item Consent G3
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FALCON HEIGHTS AND
CAMPBELL KNUTSON
Professional Association
AGREEMENT made this _______ day of ________________, 2022, by and between the
CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("City") and CAMPBELL
KNUTSON, Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree
as follows:
1. SERVICES AND RELATIONSHIP.
A. The Attorney shall furnish and perform general civil municipal legal services for the
City. These services shall include:
1) The City will request the Attorney to act on civil matters on an ongoing and
"as needed" basis.
2) The types of services required may include, but may not be limited to, some or all of the following:
a) Attendance at City Council meetings and other City board,
commission, or committee meetings as requested by the City Council or City Administrator. b) Drafting of ordinances, resolutions, and correspondence as requested.
c) Review of council and planning commission agenda items and minutes as requested. d) Meetings and/or telephone conversations discussing and advising
Mayor, Councilmembers, City Administrator, and designated individuals on general
legal matters. e) Review of municipal contracts, including contracts for public
improvements, joint powers agreements, construction, purchase of equipment, and
the like. f) Representation of the City in the acquisition of properties for public improvements, easements, parks, and the like.
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g) Representation of the City in condemnation proceedings for public
improvement projects, etc. h) Representation of the City in matters related to the enforcement of City building, housing, and zoning codes.
i) Representation of the City in employment related issues, labor negotiations, arbitration, administrative hearings, and in litigation involving same. j) Representation and advice with respect to municipal employment
matters, including but not limited to: PERA, labor agreements, personnel policy,
FLSA, veteran's preference, unemployment compensation, and worker's compensation. k) Research and submission of legal options on municipal or other legal
matters requested by City Council or City Administrator.
l) Providing a legal briefing as requested to the City Staff and Council regarding new or proposed legislation affecting municipal operations and activities.
m) Providing periodic written updates on new state or federal legislation
or judicial holding impacting upon the City, and suggested action or changes in operations or procedures to assure compliance. n) Defend the City in all litigation, except in those cases where
insurance companies are required to exclusively provide defense, including but not
limited to: (i) human rights claims; (ii) zoning and land use regulation matters; (iii) permits and administrative actions; and (iv) labor and employment matters. o) Review bonds and insurance requirements required by or for
contracts or activities.
p) Respond to City Staff inquiries and return telephone calls within the same day of inquiry.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
C. Andrea McDowell Poehler will act as lead civil counsel for the City and be
designated as City Attorney. Ms. Poehler’s designation as City Attorney means that she will attend council
meetings as requested and be the main contact and legal representative for the City. She will consult with
and refer the City officials to other attorneys within the firm when appropriate.
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D. This Agreement does not preclude the City from seeking legal counsel from another
firm, if it finds it necessary to do so.
2. TERM.
A. The Attorney shall serve at the pleasure of the City Council, and this Agreement
may be terminated without cause by action of the City Council.
B. The Attorney may terminate this Agreement at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. General Civil Municipal: Attorneys - $165.00 per hour, Legal Assistants and Law
Clerks - $90.00 per hour. The foregoing fees will increase commensurate with the increase provided by the
City to non-union employees beginning on January 1st of each year.
B. Pass-through Legal Services: The customary hourly rate of the particular attorney
doing the work, currently ranging from $200.00 to $400.00 per hour and legal assistants/law clerks at $125
per hour, for legal services that are to be passed through to third parties according to the City's policies, or
financed as part of a specific project or fund, or which constitute active representation of the City in agency
or legislative proceedings, grievance or interest arbitration, pre-litigation, litigation and appellate matters.
C. Meetings: All meetings will be billed at the hourly rates set forth in Sections 3.A
and 3.B, as applicable.
D. Minimum Billing Increment: The minimum billing increment for all services is
2/10ths of an hour.
E. Costs: Out-of-pocket costs without mark-up. Costs include:
· Westlaw · recording fees · postage of 50¢ or more · photocopies at 20¢ per copy
· long distance telephone calls
· litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.)
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F. Payments: Payments for legal services provided the City shall be made in the
manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a
statement for services rendered.
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
5. MISCELLANEOUS.
A. Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the written consent of the Falcon Heights City Council.
C. Effective Date. This Agreement shall become effective upon its execution by the
City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of
the Falcon Heights City Council.
Dated: ________________, 2022. CITY OF FALCON HEIGHTS
BY: _________________________________ Randy Gustafson, Mayor AND ________________________________
Sack Thongvanh, City Administrator
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Dated: ________________, 2022. CAMPBELL KNUTSON
Professional Association BY: _________________________________ Andrea McDowell Poehler, President
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ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Assistant to the City Administrator Pay Adjustment
Description
From time to time, pay adjustments are needed to be in line with pay equity.
The pay for the “Assistant to the City Administrator” will need to be adjusted.
Budget Impact The increase will be adjusted for 2022.
Attachment(s) N/A
Action(s)
Requested
Staff would recommend approval of the pay adjustment for the Assistant to
the City Administrator to $60,000 ( $28.85/hr) effective immediately.
Meeting Date January 26, 2022
Agenda Item Consent G4
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Interim City Administrator
Description
Budget Impact
Attachment(s) N/A
Action(s)
Requested
Staff would recommend authorizing the City Administrator to hire an Interim
City Administrator and execute all necessary documents.
Meeting Date January 26, 2022
Agenda Item Consent G5
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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