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HomeMy WebLinkAbout06-22-2022 Regular Meeting CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 22, 2022 at 7:00 P.M. A. CALL TO ORDER: B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___ MEYER ___ WEHYEE___ STAFF PRESENT: LINEHAN____ C. APPROVAL OF AGENDA D. PRESENTATION E. APPROVAL OF MINUTES: 1. June 1, 2022 City Council Workshop Meeting Minutes 2. June 8, 2022 City Council Regular Meeting Minutes F. PUBLIC HEARINGS: 1. MS4 Annual Report G. CONSENT AGENDA: 1. General Disbursements through: 6/15/22 $209,921.61 Payroll through: 6/15/22 $20,830.90 Wire Payments through: 6/15/22 $14,655.21 2. Approval of City License(s) 3. Mileage Reimbursement Rate for 2022 4. Purchase of two REDMAX Zero-Turn Mowers 5. Appointment of Beth Mercer-Taylor to the Environment Commission 6. Grove Park Basketball Court Asphalt Reconstruct 7. Commonwealth Terrace Cooperative Indemnification Agreement 8. City of St. Paul Updated Lighting Agreement 9. Appointment of Zachary Lindstrom to the Community Engagement Commission H: POLICY ITEMS: 1. Electronic Signature Policy 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: BLANK PAGE  CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA June 1, 2022 6:30 P.M. NOTE: THIS MEETING WILL BE HELD BY WEB CONFERENCE* A. CALL TO ORDER: 6:41 p.m. B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__ MEYER _X__ WEHYEE_X__ STAFF PRESENT: LINEHAN_X___ SORENSEN_X___ OLSON _X__ FREIHAMMER __X___ SMITH __X___ C. PRESENTATIONS: D. POLICY ITEMS: 1. 2023 Pavement Maintenance Project (PMP) Discussion Jesse, the City of Falcon Heights Engineer, started the City Council Workshop by talking about the Falcon Heights Improvement CIP. Freihammer highlighted the three most expensive projects for 2023. These projects were Falcon Woods which would cost roughly $1 million; Holton, Albert, Sheldon, and Ruggles would cost $535,000; and Garden Ave. $472,000. Freihammer then talked about the five different options available for Garden Ave. Freihammer stated that all of the options are blocks west of Holton, and the east side of Holton will vary. The curb line on the south side of the road is not moved. The sidewalk is at the back of the existing curb, so driveways would not be smaller than current conditions. Also, other options could be evaluated. For example, street width will be as low as 24' with no parking. Option A the street width will be 29 feet, and the street will be narrowed by 7 feet by moving the north curb in. Parking will be allowed only on the south side. In addition, a 7-foot sidewalk will be installed on the north side adjacent to the curb. Option B's width will be 29 feet, and the street will narrow by 7 feet by moving the north curb in. Parking will be allowed only on the south side. Also, there will be no sidewalk installed. Option C, the street width will be 24 feet, and the roadway narrowed 12 feet by moving the north curb in. No parking will be allowed, and a 6- foot sidewalk will be installed on the north side, separated by a 6-foot grass boulevard. Option D, the Street width is 24 feet, and the roadway is narrowed by 12 feet by moving the north curb in. No parking is allowed, and no sidewalk will be installed—option E Street width 36 feet (same as existing). Parking is allowed on both sides, and no sidewalk will be installed. Stephanie Smith, the City of Falcon Heights Assistant Engineer, stated that there is a sidewalk assessment district option to pay for Garden Ave. What this would do is the total costs of sidewalk district improvements may be apportioned and assessed to all parcels or tracts of land located in the established assessment district on a uniform basis as to each classification of real estate. Jack Linehan, the City Administrator, stated that for the City Council to use this assessment to pay for Garden Ave. City Council would have to establish a City Ordinance, define improvement area, and define the type of improvements. Freihammer stated that residents had a lot of questions regarding the Garden Ave. 2023 PMP. There were some concerns about no parking. In addition, there were a lot of worries about speed on the road and the cost, and who will pay for this project. Freihammer also stated that there was a study on how fast people drive on Garden Ave. The study found an average of 746 vehicles that drive on Garden Ave. every day and the average speed of vehicles is 20.55 mph. Another significant finding of this study was that 61% of people drive over the speed limit on Garden Ave. Council Member Weyhee asked what are the timelines for the different options? Freihammer responded that there would only be about a month difference between option from option E being the quickest. Council Member Leehy stated that Garden Ave residents did not think it would be fair if they paid for the sidewalk when other residents would be benefiting from it Freihammer stated that the sidewalk is 100% eligible for state aid funding Freihammer stated that we will have more meetings with the community for their feedback and Freihammer stated that the Ruggles pathway, all four property owners objected, but other residents supported it. It can become a liability if someone with a wheelchair cannot get through if not improved. Smith says a petition from the residents from pascal and Idaho to improve the alley. We mailed out a petition to ask if residents to see more wanted this project done, and we heard a thing barely in response. Freihammer stated that Tim Pittman, the Public Works Director, has stated the alleyways have gotten worse. 2. American Rescue Plan Act (ARPA) Funds Discussion Linehan stated that by resolution, on April 27, 2022, the City of Falcon Heights elected to use the Standard Allowance available under the provision of ARPA for the revenue loss general provision of government services. Falcon Heights already received $302,056.11 in the fall of 2021 and expects to receive a similar sum in 2022 for $604,112.20. Funds are intended to cover eligible costs incurred in the time period that begins on March 3, 2021, and ends on December 31, 2024, as long as the obligations for the funds incurred by December 31, 2024, are expended by December 31, 2026. As a recipient of an SLFRF award, our organization has substantial discretion to use the award funds to best suit our constituents' needs. Linehan highlighted that for the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient before the emergency. Linehan stated the ineligible uses such as no deposits into pension funds. No debt service or replenishing financial reserves. No satisfaction with settlements and judgments. Additional general restrictions: conflicts with the purpose of ARPA, conflict of interest, and use that undermines the COVID-19 mitigation practices in line with CDC guidelines and recommendations. Using ARPA, a local government may allocate CSLFRF funds to those projects and expenditures that will trigger the fewest Uniform Guidance compliance requirements, thereby limiting the administrative burden. For example, a local government may opt to fund personnel salaries instead of purchasing new police vehicles, which would trigger UG procurement and property management standards. The unit will have freed up general fund revenue that would have otherwise been used to pay for salaries. This additional general fund revenue could then be expended on purchasing new police vehicles, which would only trigger state law procurement and property disposal requirements. The next steps are that the City has already experienced revenue losses due to coronavirus, particularly in the sanitary sewer operations. With the coronavirus continuing, the City uses its ARPA funds for general governmental services in the sanitary sewer operation, storm sewer maintenance and improvements, city operations, and infrastructure street and equipment maintenance and improvements. Under the Council's direction, staff can work on a plan for 2022 and/or 2023 to allocate the ARPA funds, which will recognize the funds as new, unbudgeted revenue. Staff could either: A) Use ARPA funds towards current budgeted expenses, such as personnel or a public safety contract, for 2022 in the form of a budget amendment. Any surplus after 2022 could be transferred to capital or reserves. B) Use ARPA Funds directly towards specific capital expenditure in 2022 and/or 2023/2024. C) Other use or need as identified by the Council. Council Member Wehyee is disappointed that the City will not be able to use ARPA for third parties. Council Member Andrews asked would there be another capital project if the UMN and community park did not go through? Linehan stated that the garden Ave could be paid in full by ARPA. Council Member Meyer stated that he has talked with residents about establishing a tool library that could be another use for the ARPA funds. Linehan said the City staff would do more research on how other cities similar to Falcon Heights are using the ARPA funds. 3. Information Only: Gas Station Hours of Operation Leehy stated she had received calls about the gas station's hours of operation. Linehan stated a conditional-use permit gives them additional hours; however, they operate earlier and later than those hours. The conditional-use permit does supersede the business license. E. INFORMATION/ANNOUNCEMENTS: Council Member Andrews asked if there was a follow-up on Spring Ahead? Mayor Gustafson said he would not be able to make it due to Covid. Linehan mentioned that the City has a backup location at the church if the weather is not good. Council Member Wehyee asked could you please give a quick update on the splash pad? Linehan: trying to find out what we have done historically. Leehy asked if a skate park was a part of the options? Linehan stated that a flex space could be used for that, but everything still needed to be decided. Leehy stated Restoration and Unity are about a month away. F. ADJOURNMENT: 8:44 p.m. *You can view the meeting by clicking the following Zoom link: https://us02web.zoom.us/j/81254927566 Toll Free Number 1-888-788-0099 or 1-877-853-5247 Webinar ID: 812 5492 7566 DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the meeting. Alternatively, time is regularly allotted for public comment during Regular City Council Meetings (typically 2nd and 4th Wednesdays) during the Community Forum. BLANK PAGE  CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 8, 2022 at 7:00 P.M. A. CALL TO ORDER: 7:00 p.m. B. ROLL CALL: ANDREWS _X_ GUSTAFSON__X__ LEEHY_X__ MEYER _X__ WEHYEE___ STAFF PRESENT: LINEHAN__X__ C. APPROVAL OF AGENDA D. PRESENTATION E. APPROVAL OF MINUTES: 1. May 25, 2022 City Council Regular Meeting Minutes Motion by Council Member Leehy for approval of minutes; approved, 4-0. F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through: 6/1/22 $34,753.15 Payroll through: 5/31/22 $21,908.79 Wire Payments through: 5/31/22 $14,464.06 2. Pavement Condition Assessment Quote 3. Designation of Data Practices Responsible Authority and Compliance Official 4. Community Park Appraisal Motion by Council Member Meyer for approval of the consent agenda; approved, 4-0. H: POLICY ITEMS: 1. 2021 PMP Restorations Contract Authorization City Administrator Linehan states why the 2021 PMP Restorations Contract Authorization is a policy item, not a consent agenda item. Linehan said in 2021, the City underwent the pavement management program, and there were normal damages to the right of way and yards throughout the work. Usually, what happens is the City’s contractor will come back in the Spring. The City holds a portion of their final payment for restorations. However, the contractor that the City hired for this project has filed for bankruptcy and no longer operates. The City was highly unsatisfied with their work, such as not using the right seeds for yards. So, the City went out to bid to find a professional landscaping company that could do the work right. The City solicited bids up until May 25th. There were a couple of interested bidders and only selected prequalified professional landscaping companies. Unfortunately, those landscaping companies did not get their bids back to the City on time. However, we have indicated from at least one firm that they are planning to make a bid, but we have not yet received that bid. Our next City Council Meeting is on June 22nd. The concern was if we kept waiting for this, it would keep getting further in the Summer. Residents have been waiting, and the grass is growing longer and longer. We want to get a contractor in quickly. This is a process of authorizing myself to sign a contract on behalf of the City, which gives Linehan purchasing power of up to $30,000. Linehan says this is something I do not want to do regularly. Linehan prefers to bring a contract to the City Council to approve. However, since time is of the essence, the City staff can sign a contract and get it back to the City Council on the 22nd. This would allow the contractor to start working before the City Council Meeting on the 22nd. The City staff is still pretty confident that they can get one bidder. Jesse Freihammer, the City Engineer, said they solicited from six different vendors. There is one firm interested. Freihammer was hoping the firm would have that bid before the City Council Meeting tonight, but that is not the case. The reason for this is to clean up any work that was done poorly last year. The City has retainage from the contractors, which will allow the City to pull that, so there should be no additional costs. The $30,000 amount was based on a quote that the City got late last year; however, that contractor could not do the project because it was so late into the year. So, the $30,000 amount should be close to the cost this year. Linehan mentions that we hope to get the bid in and get them working so they get everything restored as quickly as possible. Linehan states it is a unique situation with the contractor filing for bankruptcy. That contractor has worked in a few communities around the twin cities area, and the same problems kept recurring. This is unfortunate and something we do not want to see in the future. The City wants to ensure that they are doing everything possible to make it right. Council Member Leehy asks to have other cities use this contractor that is currently bidding and do they have favorable reports? Freihammer states that the City of Roseville uses this company extremely often. This firm is one of the top two that the City of Roseville goes to for projects. This firm did work last year on the Lindig basin, but the City of Roseville uses this firm all the time. In addition, this contractor does a lot of work in Ramsey County. Freihammer also states that the City is soliciting other vendors, so if the City gets a few before or simultaneously, they will compare quotes. All of the vendors the City has solicited for a bid have done projects for the City of Rossville with good results. Mayor Gustafson states that it makes sense to expedite getting these repairs made. Motion by Council Member Meyer for approval of the policy item; approved, 4-0. I. INFORMATION/ANNOUNCEMENTS: Council Member Leehy states that July 6th and 7th are Restoration and Unity Day. The Castile family has already made a reservation to use City Hall green space again for the gathering on the 7th. Leehy is looking forward to Restoration Day because that allows us to consider getting to know someone we have not met before, someone different, or maybe even restoring a strained relationship. Out of the tragic death of Philando Castile. As a community in Falcon Heights and beyond, we have done our best to turn a very negative into a positive and see healing come. We have Unity Day because it says that we are doing that work to restore relationships and be a healthier community. Leehy is looking forward to that gathering which will be a barbeque with music and different speakers. Council Member Meyers mentioned that he enjoyed the Spring Ahead event. Meyer appreciates the Commissions that helped put that together and everyone who came out. Meyer had a lot of fun and met a few new people. Mayor Gustafson thanks all of the organizers from the Park and Recreation Commission to the Community Engagement Commission and City staff for pulling off Spring Ahead this year. Over 100 residents came to the event and gave out 200 pieces of ice cream which was over the budget, but that's okay because that is the way to boost community engagement. The Mayor felt bad about not being at the event, but he was quarantined because of COVID. In addition, the Mayor mentions that the Ice Cream Social is on Thursday, July 21st, at Community Park. There will be free ice cream and hot dogs. There are still Catalytic Marking Kits available from the Sheriff's Office. You can call Alisha at 651-266-7339 for a Catalytic Marking Kit. City Administrator Linehan states:  Spring Ahead Thank you to everyone who came out this weekend, with a special thanks to the Saint Paul Fire Department, who brought an entire crew and ladder truck. To the crowd's delight, they demonstrated their training by climbing the fully extended ladder. Also, thank you to Lion's club for donating their tent.  No Mow May No Mow May has ended. Therefore, we ask residents to restart mowing their lawns.  Back to the 50's It is on June 17th-19th, and the Sheriff's Office is designating additional deputies. I've requested extra attention to no parking enforcement, additional enforcement of drag racing, and other concerns. In addition, I reached out to the organizers today to remind MSRA of the City's parking restrictions and our noise restrictions. Public Works will also work to get even more temporary no parking signs out so that it is not to park there.  June 11th – 9 A.M. -3 P.M. – Council Retreat The annual retreat is this weekend. It is a once-a-year opportunity for the City Council to brainstorm ideas to improve our City. The event will be at City Hall from 9 A.M.-3 P.M., and it is open to the public for those who want to attend.  1407 Larpenteur Avenue There has been some concern over the Planning Commission's April 28th workshop, where they hosted an informal sketch review proposed by a developer at 1407 Larpenteur Avenue. I want to make sure that this was an informal process that allows a developer to receive feedback before they go any further in the design process, saving staff time and the developer costs. The input of the proposal was that it generally would not work as proposed. The prospective developer has not since submitted a formal application for the site. Any formal approvals for such a plan would require public hearings, and staff would alert residents within 500 feet of the development for public hearings. Staff and the Mayor are planning to have a neighborhood meeting regarding the site in the near future, with notices sent to neighbors regarding the meeting. The City regularly receives inquiries about the site from uses that are not favorable and are a poor neighborhood mix—such as to be used as a tow lot, car sales, and other uses. Still, since this came from the parcel owner, it received a review. Council Member Leehy recalls that it was a dry cleaner and requires environmental cleanup with an inspection. Linehan states that most of the dry cleaning was done off-site. Essentially you would drop off your clothes, and a truck would come to pick them up and haul them to a cleaner. The Shell station and its condition will be a challenge for the developer. The developer will have to bring in an environmental firm to look at the site. The owner is not fully sure about the status of the former tanks and if they were sealed or removed. All of that would have to be done during any development at this site. The other part is that this site is zoned as B-1 currently, which is a limited use zone. So, if a proposal comes that matches B-1 without any requirements of modifications or any amendments to code, it could probably go through as an allowed use. However, when there is a PUD (Land Unit Development), consolidating parcels, or they are proposing a comprehensive land plan to change the zoning, this proposal from the developer was a litany of things that would have been changed for that to get approved and that relayed back to the developer. Council Member Leehy states this time of year becomes a noisy time and is a cause for tension for the residents of Falcon Heights because of the State Fair. If the City Council and other community leaders are not there, it is difficult for them to act on that. Leehy wants to encourage residents and City staff to call the non-emergency line if they notice people are breaking the law. 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. Melissa Weber-Sanders states that she has lived with her husband Mark Sanders at 1711 Albert St. N for more than 18 years. Weber-Sanders is at the City Council Meeting to address the potential developments at 1407 Larpentuer Avenue. Weber-Sanders states that she and her husband are the closet single-family residence on the north side of that property. Weber-Sanders says she wants address concerns and objections to the proposal presented to the Planning Commission at their April Workshop, which considered rezoning the property from B-1 to an R-4. This is a general objection and opposition and not just to the current 12-unit townhome proposal. Weber-Sanders believes there are way too many considerations to put high-density housing in a half-acre lot that butts right up to a single-family home and a duplex. In addition, Weber-Sanders sent a detailed email to City staff and the Council on June 2nd stating concern about the property and thanks to everyone for reading that. At the Planning Commission Workshop, it was asked for the City staff to review the sketch provided by a potential developer and provide guidance on the suitability of the proposal. Weber-Sanders states as a neighbor to this property, such a development is not suitable for this block. In addition, to changing the intangibles such as the feel of the community and neighborhood, such a large zoning change would create traffic and parking safety hazards for pedestrians in the area. There is often already a lot of on-street parking. Weber-Sanders works at the elementary school and has numerous students who cross Larpentuer from the Northhome neighborhood to get up to Falcon Heights Elementary. Weber-Sanders feels the City has to be very cautious about what we put on that property if the City is changing the zoning in this space. Weber-Sanders asks the City Council to provide the legal rationale to change City Code and the Comprehensive Plan to accommodate the reclassification of the property from a B-1 to an R-4, given the number of legal, logistical, and zoning complications to an R-4 designation. Weber-Sanders says she does appreciate Linehan saying that there will be a future potential meeting with the neighbors of that property because there are some of us here today. We take our neighborhood very seriously and are very committed to the value of the neighborhood as a community standard. Weber-Sanders does appreciate that there will be further opportunities to express their concerns and be a part of this process. The last thing Weber-Sanders wants to say is she takes great offense that a City staff member is quoted in the media saying we provided feedback to the potential applicant that the use was generally a good transition. The City staff member that stated this was Paul Moretto, the City Community Development Officer. Melisa asks what is good according to what legal and community standard on whose behalf is he speaking? Chuck Long states that he will have lived at 1717 Albert St. N for 25 years next month. Long says, like others here, he comes to add his voice in opposition to the proposed development at 1407 Larpentuer Ave. Long understands that the City Council has already heard from some of his friends and neighbors through letters. Long states that having sat where you are sitting right now and having heard more than his fair share of public comments, he knows that the City Council does not need to hear the same thing repeated repeatedly and does not need long to stand here and read his letter. Long wants to highlight a few points. Long is concerned about the neighborhood's lack of notice and input in this matter. Long stated that none of the residents at the City Council had a clue this was going on and that this was in the works, and we would not have if it were not for the recent article in the Park Bugle shortly after the residents got the newspaper and read the article. Long sent an email to Council Member Wehyee and he responded right away. Long greatly appreciates Council Member Wehyee's immediate response, but the last sentence of his email to Long left Long troubled. Wehyee said quote if the developer moves forward with submitting a formal proposal with the City. The City will notify the neighborhood. Long says, according to the newspaper, the City Community Development Coordinator began working with the developer on this proposal in April and that the Planning Commission reviewed it and provided feedback six weeks ago. Long says, going so far as to conclude and hearing from Linehan that it was determined that this project was not at all compatible. Long says if he misheard Linehan that he apologizes. Still, at the same time, the City Community Development Coordinator is quoted in the paper that the proposed quote use was generally a good transition. Long says he is a little confused about where the City is at procedurally. Long is hoping a lot of his comments are a moot point. Long states, given how much that has already transpired without any residents at the City Council Meeting knowing anything about the proposed project. It concerns Long that waiting to tell the neighborhood until a formal proposal is made will be too late because, at that point, any real notice to the neighborhood and a hearing will be perfunctory. It's going to be a done deal at that point because, as Linehan said, the City is not going to spend all of this time, and a developer is not going to spend all of this money to come together with a formal proposal that is just going to get shot down. It will be a done deal from the City's and the Planning commission's perspectives. Long states at that point, the conversation will be about how the development will occur and won't be a conversation about whether or not the development should happen. Long says rather than wait for the City to give us an invitation. Long and his neighbors are taking it upon themselves to come to the City Council Meeting tonight to tell the City Council that the project should not happen. Long says on its face the proposal does not conform to the zoning code, would violate at least three different City Ordinances, and disregards at least four goals of the Cities Comprehensive Plan. A proposal inconsistent with these authorities and so inconsistent with City values that those things represent should automatically signal to this Council that this is a bad idea. Long states there are much better uses for this property, and those will be uses that A. preserve the character, community, and connections within the neighborhood. B. consistent with the existing zoning code, ordinances, and comprehensive plan. Long says those are the types of uses where City staff and City Council should be spending their time and efforts on. Matt Yager states that he lives at 1757 Albert St. and agrees with everything that Weber- Sanders and Long have said. Yager also believes another part of this is the environmental aspect which is a little never racking to have something that did process dry cleaning there at one point. Yager wants to know the plan for that and how much disturbance of the soil and the environment will be. In addition, Yager agrees with Long that there are rules that the City has to follow, and those policies should be followed. Vickie Long states that along with Chuck Long, she has lived at 1717 Albert for 25 years. Long says that this proposal contrasts with the Comprehensive Plan on many levels. Long's first thoughts when reading the article in the Bugle were 1. There is no way that there is room for 12 townhouses on that lot. 2. What would that do to Albert St. and the neighborhood? Long states that it would be more people speeding down Albert St. to the school or to avoid Hamline and how many cars will be parked in the street? Long understands the developer said there will be two parking spots for each unit, but Albert St. already sees a fair amount of street parking. There are also a lot of kids on Albert Street. Long states that this proposal scares her because a number of school-aged students cross Larpentuer every day. Long believes that it is inevitable that this proposal will significantly increase the traffic and on-street parking, which will impact the walkability and, frankly, the live ability of those that chose and adore Falcon Heights for the neighborhood feel. Long appreciates what Mr. Linehan said about the process but still wants to say that she hopes the City Council looks at this regarding taxability and property taxes. Long wants to implore the City Council to look at the impact on the neighborhood and focus on upkeeping and the management of the City for the current and future residents. Tracy Sletch states that she lives at 1723 Albert St. and came to support her neighbors. Sletch agrees with everything that they have expressed. Sletch has two young kids that play hockey in the street often, and the increase in traffic concerns Sletch; along with walking to school, there is no sidewalk there, so the increase in traffic and people is worrying. K. ADJOURNMENT: 7:43 p.m. Motion by Council Member Meyer for adjournment; approved, 4-0. BLANK PAGE  MS4 Permit Annual Report Required for the 2021 Permit Overview Federal Clean Water Act: Amended in 1987 A two-phase program Phase I: Regulated large construction sites and major metropolitan areas Phase II: Program broadened to include smaller construction sites and many more municipalities Overview Overseen by the EPA and MPCA Regulated parties must develop storm water pollution prevention programs The permit holder is required to submit a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices (BMPs) What is MS4? A conveyance of system of conveyances (catch basins, curbs, gutters, ditches, man made channels) Designed or used for collecting or conveying storm water Mandatory MS4’s MS4’s in urbanized areas are required to obtain a storm water permit Falcon Heights is considered an urbanized MS4 area The U of M is permitted separately MS4 Permit Requirement This program consists of six minimum Control Measures. Falcon Heights BMPs for each Control Measure Include: Public Education and Outreach Public Involvement and Participation Illicit Discharge, Detection and Elimination Construction Site Runoff Control Post-construction Runoff Control Pollution Prevention and Good Housekeeping Progress to Date Newsletters and flyers to residents Developed a storm sewer map Implemented the construction site runoff control measures Hendrickson Apartments over seen by Capital Region Watershed Inspected 100% of outfalls Implemented de-icing material controls Progress to Date Implemented storm drain system cleaning and rehabilitation of catch basin Reconstructed the Curtiss Field Pond Implemented vehicle maintenance program Purchased a street sweeper with the City of Little Canada, bought out Little Canada in December of 2016. more often street sweeping. Straight salt for road melt Storm sewer system cleaning program Added additional underground storage 2021 Goals Continue a utility billing Continue educational flyers and newsletter Continue to sweep streets more often Rehab/Repair all catch basins related to each street project Continue to monitor Underground containment structure put into place at Curtiss Field Park. Questions? BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item General Disbursements, Payroll and Wire Payments Description General Disbursements through: 6/15/22 $209,921.61 Payroll through: 6/15/22 $20,830.90 Wire Payments through: 6/15/22 $14,655.21 Budget Impact The general disbursements, payroll and wire payments are consistent with the budget. Attachment(s) • General Disbursements, Payroll and Wire Payments Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements, payroll and wire payments. Meeting Date June 22, 2022 Agenda Item Consent G1 Attachment General Disbursements. Payroll, and Wire Payments Submitted By Roland Olson, Finance Director BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Approval of City License(s) Description The following individuals/entities have applied for a Municipal Business License for 2022. Staff have received the necessary documents for licensure. 1. NDX Twin Cities 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 June 22, 2022 Agenda Item Consent G2 Attachment N/A Submitted By Megan Pavek Assistant to the City Administrator BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item IRS mileage reimbursement rate change effective July 1, 2022. Description With the raising gas prices, the IRS has recalculated the standard mileage deduction rate for business use of an automobile from 58.5 cents per mile to 62.5 cents per mile. This rate is effective July 1, 2022 to December 31, 2022. Staff recommends approval of the mileage rate reimbursement when city staff use their personal autos for city business. Budget Impact Minimal impact on the budget. Attachment(s) Action(s) Requested Staff recommends approval in the increase of mileage reimbursement rate to 62.5 cents per mile when staff uses their personal autos for business purposes. Meeting Date June 22, 2022 Agenda Item Consent G3 Attachment Submitted By Roland Olson Finance Director BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item 2- REDMAX Zero-Turn Mowers Description The City of Falcon Heights has an equipment replacement plan that was adopted by council to replace certain pieces of equipment that have met or exceeded its life expectancy. The 2 mowers were up for replacement in 2018. Due to budget, staff has maintained the mowers for several years beyond their replacement date. The 2 mowers will go to auction as soon as the new mowers are on site. The replacement cost: (1) CZT54X REDMAX ZERO-TURN 54” (1) CZT60X REDMAX ZERO-TURN 60’’ Budget Impact Money has been allocated in the 2022 Parks and Public Works Capital Fund (403) for these 2 mowers in the budgeted amount of $35,000. Attachment(s) Copy of the state bid cost with Beisswenger’s Hardware and Equipment Action(s) Requested Staff recommends that the Falcon Heights City Council approve the purchase of the above mentioned equipment to Beisswenger’s Hardware and Equipment in the amount of $24,619.98 Staff further recommends that the city council authorizes disposal of the replaced equipment to go to Purple Wave Auction Services. Meeting Date June 22, 2022 Agenda Item Consent G4 Attachment Copy of Quote Submitted By Tim Pittman, Director of Public Works and Parks BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Appointment of Beth Mercer-Taylor to the Environment Commission Description City Staff and the Chair for the Environment Commission interviewed Beth Mercer-Taylor for the Environment Commission. Beth Mercer-Taylor an employed with the University of Minnesota was a City of Falcon Heights Council Member and was a Liaison to the Environment Commission. Beth Mercer-Taylor is extremely qualified for the position of commission member. Budget Impact N/A Attachment(s) • Commission Application • Resolution 22-25 Appointment of Beth Mercer-Taylor to the Environment Commission Action(s) Requested Staff recommends approval of attached resolution appointing Beth Mercer- Taylor to the Environment Commission. Meeting Date June 22, 2022 Agenda Item Consent G5 Attachment Application and Resolution 22-25 Submitted By Paul Moretto, Planner-Community Development Coordinator Date and Time 05/03/2022 11:00 PM Full Name Beth Mercer-Taylor Full Address 2231 FOLWELL AVE Falcon Heights, MN 55108 United States Phone 6124811797 Additional Phone Email bethmt@umn.edu How Long At Above Address? 21 years In Which Capacity Would You Like to Serve? Environment commission, later this summer, after Patrick Mathwig moves, such that there is a position available. What is the Reason You Would Like to Serve? I want to serve my fellow residents by working collaboratively on issues such as climate action planning, clean energy transition, pollution reduction, managing invasive species, enhancing gardens, trees and natural spaces and supporting environmental education. I will draw on my sustainability knowledge gained from nearly 15 years experience as Sustainability Education Co-Director at the UMN Institute on the Environment, and tap my network of environmentally-focused faculty and staff. List Prior (Previous) Public Service My public service with Falcon Heights began in 2005, when I became a planning commissioner. From 2007-2015, or for two elected terms, I served as a city council member, advancing projects like solar on city hall, the community garden, LED lightning and bike paths. I was the liaison to the environment commission during much of that time. From 2016-2018, I actively participated in Falcon Heights Can Do Better and in the city's efforts to set a shared path forward for public safety. Other Relevant Background (Other Comments) My education includes a public policy master's degree, from U.C. Berkeley, and a law degree, from Valparaiso University. Prior to my University work in sustainability, I spent several years practicing public finance and city law, representing clients ranging from small townships to the city of Minneapolis. For many years, I was active in civic organizations including my own neighborhood association, the Citizens League of Minnesota and the League of Women Voters. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 22, 2022 No. 22-25 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING BETH MERCER-TAYLOR TO THE ENVIRONMENT COMMISSION WHEREAS, the Environment Commission serves in an advisory capacity to the City Council on all policy matters relating to energy use, air quality, recreation and aesthetic appreciation, green infrastructure, water, solid waste, and environmental education; WHEREAS, City Staff and the Commission Chair have interviewed Beth Mercer-Taylor and recommend appointment to the Falcon Heights Environment Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment of Beth Mercer-Taylor to the Falcon Heights Environment Commission is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE ANDREWS BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Grove Park Basketball Court Reconstruct of Asphalt Description The Grove Park Basketball court has been progressively getting worse over the past few years and has been in the budget for several years. Due to budget restraints this has been carried over to the 2022 budget. The court has surpassed its longevity. Budget Impact Money has been allocated in the 2022 Parks and Public Works Capital Fund (403) for the reconstruction of the Grove Park Basketball court in the budgeted amount of $50.000 Attachment(s) Copy of bid from Schifsky Companies Action(s) Requested Staff recommends that the Falcon Heights City Council approve the bid for the reconstruction of the Grove Park Basketball court to Schifsky Companies in the amount of $22,923.78 Meeting Date June 22, 2022 Agenda Item Consent G6 Attachment Copy of Quote Submitted By Tim Pittman, Director of Public Works and Parks BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Commonwealth Terrace Cooperative Indemnification Agreement Description The City of Falcon Heights has been partnering with Commonwealth Terrace Cooperative (CTC) to offer their residents recreation programming at a reduced price for over 10 years. This partnership is highly valued by both parties, but unfortunately has been halted by the pandemic since early 2020. After having to cancel the last two summer seasons, staff was eager to resume programming at CTC. CTC and their residents will typically split the cost of Falcon Heights summer programming to create buy-in for both the organization and its residents. This year CTC will process all registrations and payment internally. Falcon Heights will then invoice CTC at the end of the program season to match the full amount as part of the agreement. Budget Impact CTC residents will pay half the standard program pricing and CTC will provide a 100% match. CTC will be invoiced at the end of the program season to cover the overall program cost to the Parks & Rec department. Attachment(s) • 2022 Indemnification Agreement Action(s) Requested Staff recommends approval of the attached agreement between Commonwealth Terrace Cooperative and the City of Falcon Heights. Meeting Date June 22, 2022 Agenda Item Consent G7 Attachment 2022 Indemnification Agreement Submitted By Megan Pavek, Assistant to the City Administrator BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Item Approve Updated Lighting Agreement with City of Saint Paul Description The City of Falcon Heights and the City of St Paul have had a lighting maintenance agreement in place between the two cities since 1998. The old agreement covered portions of the University Grove neighborhood. The agreement covers what work services the City of St Paul provides the City of Falcon Heights and how they will bill the City. There are no significant changes to the services they will provide. With the work being done on Cleveland Avenue the City of St Paul updated the agreement to include portions Cleveland Avenue within the Falcon Heights limits and update some minor language changes to meet current standards and terminology. The costs for the lighting on Cleveland Avenue will be able to be passed on to the University of Minnesota so there will be no additional costs to the City. The City of Saint Paul has already executed the agreement. Budget Impact There should be no additional costs to the City of Falcon Heights. Attachment(s) Agreement Action(s) Requested Motion approving Lighting Maintenance Agreement with City of Saint Paul. Meeting Date June 22, 2022 Agenda Item Consent G8 Attachment Agreement Submitted By Jesse Freihammer, City Engineer BLANK PAGE  REQUEST FOR COUNCIL ACTION (RCA) City of Falcon Heights, Minnesota __________________________ Item Appointment of Zach Lindstrom to the Community Engagement Commission Description City Staff and the Chair of the Community Engagement Commission interviewed Zach Lindstrom for the Community Engagement Commission. Zach Lindstrom is a high school student who offers a different perspective on how to communicate with the residents. Budget Impact N/A Attachment(s) • Commission Application • Resolution 22-26 Appointment of Zach Lindstrom to the Community Engagement Commission Action(s) Requested Staff recommends approval of attached resolution appointing Zach Lindstrom to the Community Engagement Commission. Meeting Date June 22, 2022 Agenda Item Consent G9 Attachment Application and Resolution 22-26 Submitted By Brennan Sorensen, Administrative & Communications Coordinator Date and Time 04/11/2022 06:00 AM Full Name Zach Lindstrom Full Address 1505 Idaho Avanue West Falcon Heights, MN 55108 US How Long At Above Address? 15 years In Which Capacity Would You Like to Serve? I'm interested in serving on any available commission, however I would especially be interested in serving on commissions involving environmental concerns and similar topics. What is the Reason You Would Like to Serve? I would like to be a voice for the youth in the different commissions that serve the city of Falcon Heights, and better represent my generation in making decisions for the future and betterment of the world that we live in. I want to dedicate myself to becoming a better person and a force for good in the world, and I feel that this opportunity not only can help me pursue this desire but also teach me skills about public work and service. List Prior (Previous) Public Service -Snelling Avanue cleanup -Tamarack Nature Center bee care and honey transfer -Member of Roseville Area High School debate and chess clubs Other Relevant Background (Other Comments) I don't have much background considering my age but I'd like this to be a building block to push me towards more public service. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 22, 2022 No. 22-26 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING ZACH LINSTROM TO THE COMMUNITY ENGAGMENT COMMISSION WHEREAS, the Community Engagement Commission shall serve in an advisory capacity to the City Council regarding the effective, meaningful and equal involvement of Falcon Heights residents in their community. WHEREAS, City Staff and the Commission Chair have interviewed Zach Lindstrom and recommend appointment to the Falcon Heights Community Engagement Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment of Zach Lindstrom to the Falcon Heights Community Engagement Commission is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE ANDREWS BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Electronic Signature Policy Description The City of Falcon Heights is pursuing a number of efforts to increase efficiency, decrease costs, and improve customer service through online forms. As staff works to effectively integrate our online permitting system, iWorQ, into existing City processes, the validity of electronic signatures needed to be addressed. The City Attorney suggested that an Electronic Signature Policy be created to establish City Council approval of accepting electronic signatures. Per UETA, MS 325L, an electronic mark is presumed valid if the signor made the mark with the intent to sign, however, it is good practice to approve an official policy. If approved, this item will be added to the Administrative Manual under Section VII. Miscellaneous Guidelines. Under Minn. Stat. § 325L.18, municipalities are authorized to develop and implement policies regarding the use of electronic signatures. This policy aims to give guidance on validating the identity of a signer and to facilitate electronic agreement, applications, and correspondence in order to remove the need for traditional “wet” signatures where possible. In continuing to prioritize system redesign and efficiency, Staff feels that the proposed policy addresses the appropriate methods of accepting electronic signatures. Budget Impact Attachment(s) • Draft Electronic Signature Policy • Resolution 22-27 Action(s) Requested Motion to approve the Electronic Signature Policy. Meeting Date June 22, 2022 Agenda Item Policy H1 Attachment Draft Electronic Signature Policy Resolution 22-27 Submitted By Jack Linehan, City Administrator 222091v1 FALCON HEIGHTS, MINNESOTA VII. MISCELLANEOUS GUIDELINES E. ELECTRONIC SIGNATURE POLICY 1. PURPOSE This policy establishes when an electronic or facsimile signature may replace a written signature in official City of Falcon Heights business. This policy hereby adopts by reference the Definitions of the Uniform Electronic Transactions Act (UETA) Minn. Stat. § 325L.02 et. seq. and Minn. Stat. §§ 47.41 and 47.42. In particular, this policy has been adopted in order to implement Minn. Stat. § 325L.18, which authorizes municipalities to develop and implement policies regarding the use of electronic signatures. This policy aims to give guidance on validating the identity of a signer and to facilitate electronic agreement, applications, and correspondence in order to remove the need for traditional “wet” signatures where possible. 2. SCOPE This policy applies to all City of Falcon Heights departments. The Uniform Electronic Transactions Act (MS 325L.02) defines "electronic signature" as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. An electronic signature is accepted in all situations where a signature or approval is required, unless otherwise stated. This policy does not supersede situations where laws specifically require a written signature, or the specific electronic signature policies of other government agencies. 3. POLICY A. Approved Electronic Signature Methods The City Administrator may approve specific techniques, technologies, or vendors under this policy consistent with industry best practices to ensure the security and integrity of the data and the electronic signature. B. Approved Documents for Electronic Signatures Examples of documents, while not all inclusive, where electronic signatures are appropriate include: purchasing and accounting transactions such as checks, drafts, warrants, warrant-checks, vouchers, check-order on public funds, purchase orders, inventory, receiving, accounting entries, payment records, timesheets, expense reports, credit card logs, time off requests, permitting/licensing applications, minutes, resolutions, ordinances, and contracts/agreements. Other documents may be deemed appropriate by the City Administrator. 222091v1 The City Administrator or his/her designee will maintain an organization-wide list of the types of documents and correspondence that are not covered by this policy, which shall be listed in an Appendix to this policy. Electronic signatures must apply to individuals only. Electronic signatures for roles, positions, or titles are not considered valid. C. Documents Inappropriate for Electronic Signatures The following are documents that cannot be executed via electronic signature: • Resolutions • Ordinances • Contracts or Documents governed by the Uniform Commercial Code (“UCC”) • Collective Bargaining Agreements • Documents related to: • Employee Disputes • Union Negotiations • Real Estate Transactions 4. PROCEDURES A. Use and Acceptance of Electronic Signatures Signatures required by law or policy may be completed electronically when the signor is authorized to execute the document on behalf of the City and uses an approved electronic signature method. In all cases, forms shall include notifications of the statutes addressing fraudulent use of electronic signatures and the potential penalties for these acts. The City reserves the right to refuse to use or accept an electronic or digital signature that does not comply with the UETA (Minn. Stat. ch. 325L) or other applicable statutes. In all cases, procedures shall be implemented that sufficiently address the issue of authentication, depending on the type of form, necessity for authenticating the user, likelihood of misuse, and risk for liability. The City must retain electronic archives of all documents executed by electronic signature in accordance with its retention policy. B. Authorized Uses Internal signatures or approval processes by employees may utilize the signature fields in online permitting and licensing systems. The login process for these systems may be considered sufficient authentication. Electronic signatures may be utilized on PDFs through products such as Adobe Sign, DocuSign, or other similar products, provided staff follow appropriate signature validation and authentication procedures. For online submissions of permit or license applications, the City shall accept a typewritten signature from the applicant through the City’s submission portal. 222091v1 C. General Requirements. In all other cases, an electronic signature must meet the following requirements: • Show the name of the signer and is applied in a manner to execute or validate the document; • Include the typed or printed name of the signer below or adjacent to the signature when the signature uses a digitized or scanned version of the signer’s hand-scribed signature or when the name is in a cursive font; • Include the signer’s title as part of or adjacent to the digital signature when the signer is signing on behalf of an organization or legal entity; • Show evidence of authentication of the signer’s identity such as the text “digitally signed by” along with the software provider’s seal/watermark, date and time of execution; or, have an authentication code or key identifying the software provider; and • Have a font, size and color density that is clearly legible and reproducible when reviewed, copied and scanned into the black and white format. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 22, 2022 No. 22-27 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ADOPTING THE ELECTRONIC SIGNATURE POLICY WHEREAS, the City identified the need for an Electronic Signature Policy as it works to implement online forms and systems to increase efficiency; and WHEREAS, an Electronic Signature Policy would allow many of the paper forms or documents used in daily City business that require a simple signature of authentication to be converted to electronic forms or documents; and WHEREAS, Minn. Stat. § 325L.18 authorizes municipalities to develop and implement policies regarding the use of electronic signatures; and WHEREAS, the City Attorney has reviewed the Electronic Signature Policy to confirm that it complies with both Federal Law and State Statute. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. It has been established that an electronic or facsimile signature may replace a written signature in official City of Falcon Heights business pending compliance with all applicable policies, statutes, and laws. 2. The approved Electronic Signature Policy will be included in Section VII. Miscellaneous Guidelines of the City of Falcon Heights Administrative Manual. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE ANDREWS BLANK PAGE