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HomeMy WebLinkAbout07-13-2022 Regular Meeting CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA July 13, 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 22, 2022 City Council Regular Meeting Minutes 2. July 6, 2022 City Council Workshop Meeting Minutes F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through: 7/6/22 $170,850.85 Payroll through: 6/30/22 $23,615.69 Wire Payments through: 6/30/22 $15,965.84 2. Approval of City License(s) 3. Waiving Bid Requirements and Ratifying Contract with Q3 for 2021 PMP Turf Restoration 4. Release of RFQ for Police Contract Analysis and Consulting Services 5. Just Deeds Resolution H: POLICY ITEMS: 1. Data Practices Policies 2. Vacant Property Ordinance 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 Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES June 22, 2022 at 7:00 P.M. A. CALL TO ORDER: 7:02 p.m. B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY___ MEYER ___ WEHYEE_X__ STAFF PRESENT: LINEHAN__X__ PITTMAN_X_ FREIHAMMER_X__ 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 Motion by Council Member Andrews of approval of minutes; approved 3-0 F. PUBLIC HEARINGS: 1. MS4 Annual Report Tim Pittman, Director of Public Works, begins the presentation by explaining what MS4 Annual Report stands for Municipal Separate Storm Sewer System. Pittman states this report is required by the Minnesota Pollution Control Agency (MPCA) and is due by June 30th every year for the prior year. Pittman gives an overview of the Federal Clean Water Act (FCWA), a two-phase program amended in 1987. Phase 1 regulates large construction sites and major metropolitan areas. Phase 2 broadens the program to include smaller construction sites and many more municipalities. The FCWA is overseen by the Environmental Protection Agency (EPA) and MPCA. The regulated parties must develop stormwater pollution prevention programs. In addition, the permit holder must submit a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices (BMPs). An MS4 is a conveyance or system of conveyances (catch basins, curbs, gutters, ditches, man-made channels) designed or used for collecting or conveying stormwater. Mandatory MS4s in urbanized areas are required to obtain a stormwater permit. Falcon Heights is considered an urbanized MS4 area. In addition, the University of Minnesota is permitted separately. The MS4 permit requirement consists of six minimum control measures: • Public education and outreach • Public involvement and participation • Illicit discharge • Detection and elimination • Construction site runoff control • Post-construction runoff control • Pollution prevention • Good housekeeping Pittman gives an update on how the City is performing: • Newsletter and flyers are given to residents. • Developed a storm sewer map. • Implemented the construction site runoff control measures. • Hendrickson Apartments overseen by Capital Region Watershed. • Inspected 100% of outfalls. • Implemented de-icing material controls. • 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 and bought out Little Canada in December of 2016 which allows for more street sweeping. • Straight salt for road melt. • Storm sewer system cleaning program. • Added additional underground storage. Pittman states the 2022 Goals: • Continue utility billing. • Continue educational flyers and newsletter. • Continue to sweep streets often. • Rehab/repair all catch basins related to each street project. • Continue to monitor the underground containment structure put into place at Curtiss Field. Council Member, Wehyee asks, is the MS4 a self-reporting report, or does MPCA audit the municipality? Pittman states that the MPCA audits cities such as Falcon Heights, which was audited six years ago. The MPCA randomly picks cities to audit to make sure they are doing everything they need to do according to the guidelines put out by the EPA and the MPCA. Ryan Johnson from Roseville helps Pittman a lot with keeping track of the guidelines. Council Member Weyhee says it's an annual report, but we were audited five years ago. Then asks how is the report is produced every year if the auditing only occurs randomly from year to year? Pittman says a report is a form that is filled out and has to be sent to the MPCA by June 30th of every year. Council Member Weyhee states that, for the most part, it sounds like there is a self-reporting component until the MPCA audits the City. Pittman states that is exactly right. Pittman says the Cities do not know who or when they will get audited. Jesse Freihammer, the City's Engineer, says that Roseville has not been audited in about eight to nine years. Freihammer also states that the MPCA tends to pick a large city than a small City and only audits four to five cities in a year. Council Member Wehyee asks, as far as the public education requirement of the MS4 given the structure is the public education responsibility of the City, or is that on the EPA? Pittman responds by saying that it falls on the City. Pittman uses examples of how the City is meeting the public education requirement: there is MS4 information on the website, and the City hands out information at City events. It is up to the City to give that information to the public. Mayor Gustafson states that some of the information passed out are things such as don't pour stuff down the storm drains. Pittman agreed with the Mayor. Pittman also stated another example, such as controlling the salt during the wintertime and anything that deals with runoff. Mayor Gustafson asks whether part of the Cities 2021 and 2022 efforts on the Amber Union project is controlling the construction site runoff is being overseen? Pittman responds by saying yes, that is being overseen by Capital Region Watershed and gets a report every week stating what the watershed has found. 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 Council Member Wehyee asks when the City will expect the Grove Park basketball court asphalt reconstruction to start? Pittman says that the City is waiting to hear back from the contractor on a date, but the contractor has signed the proposal. Council Member Wehyee thanks and recognizes Beth Mercer-Taylor and Zachary Lindstrom for joining a Commission. Wehyee believes that they both will be great additions to the Commissions. In addition, the City is always looking for new energy and expertise. Motion by Council Member Wehyee of approval of consent agenda; approved, 3-0 H. POLICY ITEMS: 1. Electronic Signature Policy Jack Linehan, the City Administrator gives some background on the electronic signature policy. Linehan says this policy was separate as a policy item, and in the City's opinion, it is pretty straightforward as the City is starting to move toward online permitting. Once the City launches the online permit portal, residents can apply for permits from their homes. Residents will be able to submit everything and pay for the permit online. If the permit is an over-the-counter H-VAC or any of the instant ones, they can instantly receive their permit. The one catch the City does not have is for residents or contractors to sign their names, so usually, they would come in and sign their name on the permit application, and the City would get it. However, that isn't easy to do now that not many people have printers and scanners anymore. This policy allows residents and contractors to sign through PDF, or if they use the website, they would write their full name on the signature line and then pay for it. The City will be able to accept that as a valid signature. Linehan states that this is a common practice because many communities in our area have this type of policy. This draft policy came from the City's attorneys, and the City did not change much of it. By approving this policy, the City can accept signatures digitally. Council Member Weyhee asks what the logistical process in terms of how businesses operate when they apply for a permit the council has to approve the permit? Linehan says yes, for business licensing, but for a general permit, especially for one over the counter, those usually require immediate attention. H-VAC is always a good example because if it's winter, the City cannot wait a week to approve the permit. The City has to get that permit to the resident immediately so that the contractor can fix your furnace, so if it is just over the counter, they can do that online. Business licensing, the City has not moved to that point yet. The City is currently reviewing some proposals from vendors that would allow us to move our licensing online, either using iWorqs, which is what the City currently uses for its permitting software, or using the website forms to help cut down. When the renewal process comes out, the City sends letters to around 75 rental licenses and roughly 35 business licenses. The City sends each one of them a letter which is all paper. Then they submit the paper back to us, so the City is looking at a solution for a digital process. If businesses are renewing their licenses, they can do so online. Motion by Council Member Wehyee of approval of consent agenda; approved, 3-0 I. INFORMATION/ANNOUNCEMENTS: Mayor Gustafson thanks the Community Engagement Commission for meeting on Monday, June 20th. The Mayor missed the meeting because he thought it was on Tuesday. The Commission did talk about Spring Ahead, planning for Ice Cream Social, which will be coming up on July 21st, and planning for Human Rights Day in December. On July 21st, the Mayor had the pleasure of attending the Good Acre kick-off to the 2022 season and celebrating getting funding from the State for their LEAF program. The LEAF program is for putting food into families—Minnesota’s LT. Governor Peggy Flanagan and the Agriculture Commissioner were there. Good Acre is advancing and moving well there at Good Acre to feed people. Good Acre has community-supported agriculture boxes that are available. The Mayor thanked Good Acre for inviting him to the event. Linehan states: Back to the 50’s There were a few additional calls over the weekend, but overall a smooth event. The temporary no parking signs installed on West Snelling helped, and we are looking to expand the signs for the State Fair. 2021 PMP Restorations We have one quote currently being worked on. Mapping Prejudice Project Mapping Prejudice recently published its findings on racial covenants in Ramsey County. A total of 2,400 property deeds were found to have a racial covenant, of which over 100 properties in Falcon Heights have a covenant, with most located in the Northome/Northeast Quadrant areas. Racial covenants are racist restrictions on homes that, while no longer enforceable, still create a negative sense of community. JustDeeds was a presenter at the 2021 Human Rights Day. JustDeeds is a group of attorneys working with the City of Golden Valley, Mapping Prejudice, and local realtors to help homeowners discharge the racial covenants on their deeds. Last week, the Ramsey County Board passed a resolution to exempt property owners from the $46 recording fee. In addition, the CEC approved recommending a resolution on Monday for the City to join JustDeeds as a Participating City. So far, 14 communities in the Metro have joined JustDeeds. We plan to bring the resolution to the CC workshop on July 6th to discuss. If the Council favors, staff will bring the resolution to the July 13th agenda for approval. Staff is meeting with JustDeeds attorneys next week to discuss participation. Council Member Weyhee is extremely excited about this policy and was a part of the initial conversation to bring that to the City’s attention. 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: 7:34 p.m. Council Member Andrews for adjournment; approved, 3-0. _______________________________ Randall C. Gustafson, Mayor Dated this 13th day of July, 2022 _________________________________ Jack Linehan, City Administrator CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue MINUTES July 6, 2022 6:30 P.M. A. CALL TO ORDER: 6:42 p.m. B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__ MEYER ___ WEHYEE__X__ STAFF PRESENT: LINEHAN__X__ SORENSEN__X__ C. PRESENTATIONS: D. POLICY ITEMS: 1. Just Deeds Resolution and Presentation Jack Linehan, the City Administrator, stated that Mapping Prejudice recently published its findings on racial covenants in Ramsey County. A total of 2,400 property deeds were found to have a racial covenant, of which over 100 properties in Falcon Heights have a covenant, with most located in the Northome/Northeast Quadrant areas. Just Deeds was a presenter at the 2021 Human Rights Day. Just Deeds is a group of attorneys working with the City of Golden Valley, Mapping Prejudice, and local realtors to help homeowners discharge the racial covenants on their deeds. The Community Engagement Commission approved the attached resolution to have the City of Falcon Heights join as a Participating City. By becoming a participating City, Falcon Heights would work with Just Deeds to create a registration form on our website that would put homeowners with a racial covenant in touch with Just Deeds. The City would also work to promote the project and notify homeowners listed on the Ramsey County Mapping Prejudice map of the status of their deed. Attorney Jared Shepherd of Campbell Knutson is one of the attorneys working with Just Deeds and will be present at the meeting to introduce the topic. Jared Shepard, Just Deeds Attorney, explains what Just Deeds is. Coalition members provide free legal and title services to help property owners find discriminatory covenants and discharge them from their property titles. The Coalition also provides education opportunities to help communities acknowledge this racist history and pursue reconciliation and anti-racist solutions. Our member organizations share responsibility for creating and correcting systemic racism in housing. We acknowledge the racist systems in our communities and are working together to dismantle them. Then Shepard explains what it looks like for a City to be involved with the process. No formal action is required to join the Just Deeds project, but most cities join by passing a resolution of support. All cities wishing to participate in Just Deeds must: • Commit to the Just Deeds mission statement in word and action. • Dedicate resources to support the Just Deeds mission. Some examples of how other cities are participating include: • Devoting staff or volunteer time to connecting residents with free help from legal and title professionals to discharge discriminatory covenants (required). • Discharging covenants on city-owned property. • Engaging in community conversations on race and housing. • Identify anti-racist action your City and community can take to address housing barriers. • Engaging your City's Human Rights Commission and City Council. • Joining with other Just Deeds cities to create new equity tools tailored to city government. Shepard also states that the City will need to create a web page with information and resources for residents. In addition, Just Deeds is still exploring how to discharge covenants from residents with Ramsey County. Mayor Gustafson asks, does discharge a covenant eliminate the convent from the deed? Shepard says no, it does not get rid of the covenant. This process is all about acknowledging the past, so no, it does not get rid of the covenant. Council Member Wehyee asks are there any hidden costs? Shepard states no, as far as we know Ramsey County is waiving the recorder fees, title companies usually waive this fee, and the lawyers are pro bono. The Mayor asks what the length of the process is for residents and will more covenants be discovered in Ramsey County? Shepard states it takes roughly 3 to 6 months per resident, and yes, mapping prejudice believes there will be more uncovered in Ramsey County. Council Member Andrews asks, what if people don't have access to technology? Linehan states that City staff can help with any questions and the City's commitment to this initiative. 2. Climate Emergency Resolution Linehan explains the Climate Emergency Resolution. In addition, many cities around the state have adopted Climate Action Plans addressing the pressing climate change issues. Staff and City Council have requested the Environment Commission study the issues and actions the City has taken and identify future action through a Climate Action Plan. On March 14, 2022, staff, directed by Council, presented a framework resolution for a Climate Action Plan Statement to the Environment Commission. At that meeting, the Commission proposed forming a small committee to develop further and fine-tune this resolution. The committee met several times to finalize a version for the Commission. At the May 9, 2022, Environment Commission meeting, the EC approved the resolution with the idea that Chair Mathwig would incorporate the recommendations from the meeting into a final plan to present to Council. The draft recommendations were submitted to staff in early June, with July 6 being the next workshop. Mayor Gustafson asks what the implications of the climate action plan, such as cost, are? Council Member Wehyee states the goal of this plan is to acknowledge that climate change is an emergency. Council Member Leehy states that the City already has a climate action plan (the GreenStep Cities) and does not want to mandate residents to do things. Mayor Gustafson says the resolution should show what it has done already for the environment. In addition, it provides opportunities for residents and businesses to address climate change on a local level. 3. Police Contract Consultant Linehan stated that At the June 11th City Council Retreat, the idea of hiring a consultant to review the City’s contract for police services was discussed. Staff is seeking direction on the next steps to engage with a qualified consultant. The consultant will analyze our current services, conduct a series of community focus groups, and provide recommendations on the City’s options for police services beyond 2023. The City Council directed Linehan to move forward with releasing the RFQ. 4. Community Park Appraisal Linehan says at the June 8th City Council meeting. A contract was approved with Diversified Real Estate Services, Inc. (DRESI) was approved for an amount of $6,000. The contract was to provide a qualified appraisal of the Community Parkland. It was estimated that it would be a five-week turnaround before the City received the report. The City received the appraisal this week. The appraisal results can be used in the City’s negotiations with the University of Minnesota to purchase the park. The City Council reviewed the appraisal results, and directed Linehan to engage in next step discussions with the University of Minnesota. E. INFORMATION/ANNOUNCEMENTS: F. ADJOURNMENT: 8:36 p.m. 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. _______________________________ Randall C. Gustafson, Mayor Dated this 13th day of July, 2022 _________________________________ Jack Linehan, City Administrator BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item General Disbursements, Payroll and Wire Payments Description General Disbursements through: 7/6/22 $170,850.85 Payroll through: 6/30/22 $23,615.69 Wire Payments through: 6/30/22 $15,965.84 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 July 13, 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. Out on a Limb Dance Studio 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 July 13, 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 Ratification of Contract with Q3 to Perform 2021 PMP Restorations in an amount not to exceed $30,000.00 Description At the June 8, 2022 City Council meeting, the City Council authorized the City Administrator to execute a contract up to $30,000.00 for turf restoration for the 2021 PMP. On July 5, the City received the anticipated quote from Q3 to perform the restorations for an amount between $21,000.00 to $27,000.00, depending on final counts. In the essence of time and that this is a long outstanding project, the City Administrator accepted the quote from Q3 this week. Budget Impact Funds for the restoration remain reserved in the 2021 PMP project budget. Attachment(s) • Signed Quote • Resolution 22-28 Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the attached Resolution 22-28 to ratify the City Administrator’s signing of the 2021 PMP turf restoration quote with Q3. Meeting Date July 13, 2022 Agenda Item Consent G3 Attachment Quote, Resolution Submitted By Jack Linehan, City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 13, 2022 No. 22-28 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE A CONTRACT NOT TO EXCEED $30,000.00 FOR THE 2021 PAVEMENT MANAGEMENT PROJECT RESTORATIONS WHEREAS, the City of Falcon Heights awarded the 2021 Pavement Management Project contract to Molnau Trucking LLC with Resolution 21-08; and WHEREAS, as part of the bid award, Molnau Trucking LLC was required to restore the disturbances to both private and public property impacted by the work; and WHEREAS, Molnau Trucking LLC is no longer able to complete the restorations; and WHEREAS, it is in the interest of the City to ensure restoration is completed as part of the project; and WHEREAS, the restorations need to be made in an expedited manner due to the project delays already experienced; and WHEREAS, staff received a quote from Q3 that is determined to be a competitive quote; and WHEREAS, staff is of the opinion that it will be the only quote received. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the City Council waive the bidding requirements for the City. 2. That the City Council ratify the quote from Q3 that was signed by City Administrator Linehan. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Families, Fields and Fair __________________________ The City That Soars! Item Police Contract Analysis and Consulting Services RFQ Description Staff is seeking authorization to solicit qualifications for a consultant to analyze the City’s contract for police services and provide professional guidance for the City. The consultant will analyze our current services, conduct a series of community focus groups and will provide a recommendation on the City’s options for police services beyond 2023. Budget Impact Special Revenue Fund 210 – Community Inclusion has been identified as a potential funding source for a portion of this project for 2022. Staff will include additional funding for 2023 in General Fund – Administrative Expenditures – 112 – 80330 Consultant to supplement future contract costs. Attachment(s) • RFQ • Resolution 22-29 Action(s) Requested Approve the attached Resolution 22-29 to authorize the City Administrator to release and advertise the Police Contract Analysis and Consulting Services RFQ. Meeting Date July 13, 2022 Agenda Item Consent G4 Attachment(s) RFQ, Resolution 22-29 Submitted By Jack Linehan, City Administrator 1 July 15, 2022 REQUEST FOR QUALIFICATIONS The City of Falcon Heights Police Contract Analysis and Consulting Services Bid Submittal Deadline: August 15, 2022 by 4:00 P.M. Prepared By: Jack Linehan, City Administrator City of Falcon Heights 2077 Larpentuer Ave West Falcon Heights, MN 55113 jack.linehan@falconheights.org 651-792-7611 2 Request for Proposal TABLE OF CONTENTS SECTION 1: INTRODUCTION SECTION 2: PROCESS SECTION 3: SCOPE OF SERVICES SECTION 4: PROPOSAL FORM AND CONTENT SECTION 5: EVALUATION CRITERIA Appendix A: FALCON HEIGHTS TASK FORCE ON INCLUSION AND POLICING RECOMMENDATIONS 3 SECTION 1 INTRODUCTION The City of Falcon Heights, Minnesota is seeking proposals for a consultant to examine our current contract for policing services from the contracted policing agency (Ramsey County Sheriff’s Department), advise the City on future police staffing needs, and make recommendations for how the City can implement the recommendations from the Task Force on Inclusion and Policing. The Consultant, Consultants, or Consultant Team will advise the City Council and City Staff on the satisfaction with current and historical police services by conducting community outreach to residents and other stakeholders. Background on Falcon Heights, MN: Falcon Heights, the City that Soars! Is located just ten minutes from both downtown St. Paul and Minneapolis, we are the home of the Minnesota State Fair, with over two million visitors a year, the University of Minnesota St. Paul Campus, whose wide open agriculture fields give our community a rural feel in the heart of the Twin Cities metropolitan area, the Gibbs Farm Museum, the University of Minnesota Les Bolstad Golf Course and Bell Museum. The City has an estimated population of 5,369 residents with a total area of 2.24 square miles. Falcon Heights is bordered by Lauderdale to the west, St. Paul to the south and Roseville to the north and east. Based on the 2020 census, there are 2,251 housing units. On July 6, 2016, Philando Castile was killed in Falcon Heights by a City of St. Anthony Police Officer. The City of Falcon Heights contracted with the City of St. Anthony to provide police services at that time. Following the incident, the City formed the Task Force on Inclusion and Policing to look in to the matters of policing and race relations. The findings of the Task Force are included as Appendix A. Following the Task Force recommendations, the City of St. Anthony and the City of Falcon Heights parted ways. The City of Falcon Heights joined the Ramsey County Sheriff’s Department as a contracted city in 2018. The City receives contract services for fire/ambulance services from the City of Saint Paul Fire Department. 4 SECTION 2 PROCESS Notice is hereby given that proposals will be received by the City of Falcon Heights, Ramsey County, Minnesota for Police Contract Analysis and Consulting Services. The City of Falcon Heights (the City) invites qualified individuals or firms to submit proposals to provide Police Contract Analysis and Consulting Services based upon the scope of work contained herein. Information regarding the RFP process, if not found within this document, may be obtained from Jack Linehan, City Administrator by email at jack.linehan@falconheights.org or by phone at 651-792-7611. Find additional information about the City of Falcon Heights at www.falconheights.org 2-1 Requests for Proposal The City of Falcon Heights invites qualified individuals or firms to submit proposals for Police Contract Analysis and Consulting Services as described in the scope of work set forth in Section 3 of this Request for Proposals (RFP). 2-2 Schedule (tentative) Issue Date: July 15, 2022 Closing Date: August 15, 2022 Anticipated Award Notice: September 9, 2022 Anticipated Contract Approval: September 12, 2022 Service to Begin: October 3, 2022 2-3 Official Contact Questions regarding the scope of services shall be directed to: Jack Linehan, City Administrator City of Falcon Heights 2077 Larpentuer Ave West Falcon Heights, MN 55113 jack.linehan@falconheights.org 651-792-7611 2-4 Proposal Due Date: Four (4) copies of the proposal must be delivered to Jack Linehan, 2077 Larpenteur Avenue West, Falcon Heights, MN 55113, no later than 4:00 P.M. on August 15th. Proposals should be marked “RFP for Police Contract Analysis and Consulting Services”. Late proposals will be kept by the City, but not considered for award. Proposals must be sealed and clearly addressed and marked with the RFP title. 2-5 Cancellation, Delay or Suspension of Solicitation: Rejection of Proposals The City may cancel, delay or suspend this solicitation if in the best interest of the City as determined by the City. The City may reject any or all proposals, in whole or in part, if in the best interest of the City as determined by the City. The City reserves the right to reject any or all proposals not in compliance with public bidding procedures. 5 2-6 Incurred Costs The City is not liable for any costs incurred by a proposer in the preparation and/or presentation of a proposal. The City is not liable for any cost incurred by a proposer in protesting the City’s selection decision. 2-7 Confidentiality of Information All information and data furnished to the proposer by the City and all other documents to which the proposer’s employees have access during the preparation and submittal of the proposal shall be treated as confidential to the City. Any oral or written disclosure to unauthorized individuals is prohibited. Once a proposal has been opened, it will be determined a public document and non- private information may be shared upon request. The recommended proposal response will also be published online as part of the agenda packet. 6 SECTION 3 SCOPE OF SERVICES The City of Falcon Heights welcomes proposals from individual consultants or teams in response to specific work products identified below. The scope of services to be provided fall in three primary areas of need: Current Service Analysis 1. Perform an analysis on the City’s contracted services for law enforcement and determine if the current structure is the best fit for the city by: a. Community value and satisfaction measurement: i. Determine the community’s value of current and historical police services, including the types and levels of service the community desires and expects. ii. Determine the community’s level of satisfaction with the police services overall, and with the services provided. b. Workload analysis: i. Determine the City’s current police services utilization using data from the Ramsey County Sheriff’s Office, including considerations of number of responding units needed by call type, the number and frequency of outside agency assistance required, caller initiated versus officer initiated activities, effect of community policing on discretionary patrol time and the time necessary to conduct proactive police activities, and the amount of time necessary to handle police calls and activities from inception to completion. c. Contract analysis: i. Analyze the current contract and associated costs for policing services compared to the utilization of policing services as determined under Section b. Workload analysis. Future Service Recommendations 2. Advise the City on future police needs by: a. Recommendation on strategic police services: i. Analyzing the current police services provided by nearby communities. ii. Determine the various options for the City to either provide or contract for police service iii. Draft a report on how to structure future contracts for police services. b. Soliciting alternatives: i. In the event that it is determined that the City of Falcon Heights should explore alternatives to the current contract for police services, the 7 consultant would draft, distribute and solicit requests on behalf of the City for contracted police services**1. Task Force Recommendations Implementation 3. Recommend how the City can implement the recommendations found in Appendix A: Falcon Heights Task Force on Inclusion and Policing by: a. Analyzing the current recommendations that were adopted by the City Council on May 24, 2017 b. Determine which of the recommendations have been completed or addressed to date. c. Develop a report of actionable steps that can be undertaken in the current or future police contracts to address the Task Force recommendations. 1 **Pricing for this service is called out separately as a mutually agreed upon optional service in the Fee Schedule 8 SECTION 4 PROPOSAL FORM AND CONTENT 4-1 Proposal Submittal Proposals shall be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content and cost effectiveness of the proposal. 4-2 Proposal Form and Content Proposals should include the following items in their proposals addressing the scope of work in Section 3. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date and will become part of the contract that is negotiated with the City. 1. Letter of Transmittal All proposals must include a cover letter addressed to Jack Linehan, City Administrator, and signed by a duly constituted official legally authorized to bind the applicant to both its proposal and cost schedule. The cover letter must include name, address, and telephone number of the proposer, as well as the name, title, address, telephone number, and email address of the contact person, or persons, who will be assigned to work on the project. 2. Proposed Consultant’s Qualifications Summarize your or the firm’s background and history; include the depth and breadth of your firm’s collective police staffing and management analysis experience. The number of years in business and scope of services you or your firm have provided. 3. Scope of Services Offered Provide a detailed breakdown of how you would approach the Scope of Work proposed in Section 3. Include specific information on the steps that would be taken to address each of the three primary areas of need. 4. References Proposals shall list a minimum of three (3) references that can attest to the qualifications of you and/or your firm. Include the contact name, email, telephone number and the nature of relationship for each reference. 5. Additional Information Any information that the proposer feels is applicable to the evaluation of the Proposal or of their qualifications for accomplishing this request for services 9 should be included in this section. You may use this section to address the aspects of your services that distinguish you or your firm from other firms. 6. Fee Schedule A). Provide a proposed fee broken down to address each of the three areas of primary needs in the Scope of Work separately 1) Please include a separate and optional price, if applicable and within your firm’s scope of work, of what it would be the proposed fee to manage the RFP process for contracted police services for the City. B). What reimbursable costs, if any, would be billed separately? What is the rate for these reimbursable costs? 10 SECTION 5 EVALUATION CRITERIA The City shall evaluate the proposal on criteria including, but not limited to, the following list (in no order of priority). 1. The consultant adheres to the instruction in this Request for Proposals on preparing and submitting the proposal; 2. Thoroughness of approach to conducting Police Contract Analysis and Consulting Services for the City and demonstration of the understanding of the objectives and scope of the Services. 3. Maximum fees to provide the services. 4. Finalist Bidders may have the opportunity to interview with staff in-person or via web conference, depending on what works best for all parties. The recommended bidder may be requested to meet with the Mayor and City Council prior to approval. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 13, 2022 No. 22-29 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPROVING RELEASE OF REQUEST FOR QUALIFICATIONS FOR POLICE CONTRACT ANALYSIS AND CONSULTING SERVICES WHEREAS, the City identified the need a review of current and future police services operations; and WHEREAS, the City has determined that outside expertise will help guide the decision-making process; and WHEREAS, the attached Exhibit A: Request for Qualifications is intended to solicit qualifications from firms to provide the service for the City; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Authorizes the City Administrator to release and advertise an RFQ for Police Contract Analysis and Consulting Services. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Just Deeds Resolution Description Mapping Prejudice recently published their findings on racial covenants in Ramsey County. A total of 2,400 property deeds were found to have a racial covenant, of which over 100 properties located in Falcon Heights have a covenant, with most located in the Northome/Northeast Quadrant areas. Just Deeds was a presenter at the 2021 Human Rights Day. Just Deeds is a group of attorneys working with the City of Golden Valley, Mapping Prejudice, and local realtors to help homeowners discharge the racial covenants on their deeds. The Community Engagement Commission approved the attached resolution that would have the City of Falcon Heights join as a Participating City. By becoming a participating City, Falcon Heights would work with Just Deeds to create a registration form on our website that would put homeowners with a racial covenant in touch with Just Deeds. The City would also work to promote the project and notify homeowners listed on the Ramsey County Mapping Prejudice map of the status of their deed. Budget Impact N/A Attachment(s) • Resolution 22-30 Action(s) Requested Approval of Resolution 22-30 to become a participating city with Just Deeds. Meeting Date July 13, 2022 Agenda Item Consent G5 Attachment Resolution 22-30 Submitted By Jack Linehan, City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 13, 2022 No. 22-30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY-OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were tools used by real estate developers to prevent BIPOC and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and WHEREAS, the purpose of discriminatory covenants was to racially and religiously homogenize communities by excluding BIPOC and non-Christian individuals from Falcon Heights. These tools segregated the metro area and built a hidden system of apartheid; and WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the racist practices that shaped the landscape of the metro area. Mapping Prejudice researched restrictive covenants in Ramsey County and created the first-ever comprehensive map of racial covenants in an American city. The project mapped 1,830 covenants in Ramsey County, including 101 covenants in Falcon Heights; and WHEREAS, an example of a common covenant in Falcon Heights declared that “RESTRICTION AND; and that said property shall in no manner be conveyed to persons of African or Oriental descent”; and WHEREAS, the discriminatory covenants in Falcon Heights are concentrated along its borders with St. Paul and Roseville; and WHEREAS, there are parcels located in the Northeast Quadrant, Northhome, and Snelling West that contain discriminatory covenants; and WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status and those state and federal prohibitions extend to the refusal to sell or to circulate, post or cause to be printed, circulated, or posted, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Ramsey County; and WHEREAS, discriminatory covenants benefitted White communities. For example, homes that were racially covenanted are still predominantly owned by White people and are worth approximately 15% more today than non-covenanted properties; and WHEREAS, discriminatory covenants created demographic patterns that remain in place today. Due in part to this historical practice, the population of the City of Falcon Heights is less racially diverse than the populations of all of its neighboring communities and has a lower percentage of minority owned businesses than many neighboring communities; and WHEREAS, in 2022, the City Council directed the Community Engagement Commission to begin work on the Just Deeds Project, which connects residents to pro bono attorneys who can help remove discriminatory covenants from property titles in Falcon Heights; and WHEREAS, the State of Minnesota, including the City of Falcon Heights, recognizes the harm that Discriminatory Covenants—and the racial, religious, and other discriminatory practices that they represent—cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The City of Falcon Heights disavows and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2. The City Attorney is directed to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner’s directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. City staff is directed to participate in the work of the Just Deeds Coalition to educate the community about this and other historically discriminatory practices; to identify contemporary discriminatory systems, policies, and practices; and to take action to dismantling racist systems, practices, and policies in the City of Falcon Heights to create equity for all. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Data Practice Policies Description Minnesota State Statute requires each government body adopt data practice policies. While the City has historically operated on past-practices, it is important to formalize a policy on how to handle data on the two primary subjects: data on the public, and data on a subject. MN State Statute 13.025 GOVERNMENT ENTITY OBLIGATION. Subdivision 1.Data inventory. The responsible authority shall prepare an inventory containing the authority's name, title, address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's government entity. Forms used to collect private and confidential data may be included in the inventory. The responsible authority shall update the inventory annually and make any changes necessary to maintain the accuracy of the inventory. The inventory must be available from the responsible authority to the public according to the provisions of sections 13.03 and 15.17. The commissioner may require responsible authorities to submit copies of the inventory and may request additional information relevant to data collection practices, policies, and procedures. Subd. 2.Public data access policy. The responsible authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data. Subd. 3.Data subject rights and access policy. The responsible authority shall prepare a written policy of the rights of data subjects under section 13.04 and the specific procedures used by the government entity for access by the data subject to public or private data on individuals. The written policy must be updated no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public's ability to access data. The Act requires cities to develop and adopt a policy each year. The Minnesota Department of Administration provides governmental entities model policies that they may adopt rather than create a policy. Meeting Date July 13, 2022 Agenda Item Policy Item H1 Attachment Policies, Resolution 22-31 Submitted By Jack Linehan, City Administrator Budget Impact Attachment(s) • Public Data Access Policy • Data Subject Rights and Access Policy • Resolution 22-31 Approving Policies for the Minnesota Government Data Practices Act Action(s) Requested Staff recommends approving the attached resolutions prior to the State of Minnesota’s August 1 deadline for approval. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 1 Data Practices Policy For the Public Minnesota Statutes, sections 13.025 and 13.03 require this policy. If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Please use the notification information at the end of this model policy. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 2 Your Right to See Public Data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The law also says that City of Falcon Heights must keep all government data in a way that makes it easy for you to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Request Public Data You can ask to look at (inspect) data at our offices, or ask for copies of public data that we keep. Make a wriiten request. You may make your request by mail, fax, and email. Requests should go to the Responsible Authority or a Designee listed on page 4, using the data request form on page 6. If you do not use the data request form, your request should:  Say that you are making a request for public data under the Government Data Practices Act (Minnesota Statutes, Chapter 13).  Include whether you would like to inspect the data, have copies of the data, or both.  Provide a clear description of the data you would like to inspect or have copied. You are not required to identify yourself or explain the reason for your data request. However, you may need to provide us with some personal information for practical reasons (for example: if you want us to mail copies to you, you need to provide us with an address or P.O Box). If we do not understand your request and have no way to contact you, we cannot respond to your request. How We Will Respond to Your Data Request Upon receiving your request, we will review it.  We may ask you to clarify what data you are requesting.  If we do not have the data, we will notify you in writing within 10 business days.  If we have the data, but we are not allowed to give it to you, we will tell you as soon as reasonably possible and identify the law that prevents us from providing the data.  If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o Arrange a date, time, and place for you to inspect the data at our offices; or o We will provide notice to you about our requirement to prepay for copies. o You may choose to pick up your copies, or we will mail or email them to you. We will provide electronic copies (such as email or CD-ROM) upon request, if we keep the data in that format and we can reasonably make a copy. o Response time may be impacted by the size and/or complexity of your request, and also by the number of requests you make in a given period of time. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 3 o Following our response, if you do not make arragements within 10 business days to inspect the data or pay for the copies, we will conclude that you no longer want the data and will consider your request closed. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please tell the person who provided the data to you. We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request. If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. We are also not required to respond to questions that are not about your data requests, or requests for government data. Requests for Summary Data Summary data are statistical records or reports created by removing identifying information about individuals from entirely private or confidential data. We will prepare summary daa if you make your request in writing and pre-pay/pay for t host of creating the data. You may use the data request form on page 6 to request summary data. We will respond to your request within ten business days with the data or details of when the data will be ready and how much we will charge you. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 4 Data Practices Contacts Responsible Authority / Data Practices Compliance Official Jack Linehan, City Administrator Adress: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7611 Email: jack.linehan@falocnheights.org Data Practices Designee(s) Megan Pavek, Assistant to the City Administrator Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7611 Email: megan.pavek@falconheights.org Brennan Sorensen, Administrative and Communications Coordinator Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7621 Email: brennan.sorensen@falconheights.org Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 5 Copy Costs – When You Request Public Data Minnesota Statutes, section 13.03, subdivision 3(c) allows us to charge for copies. You must pay for the copies before we will give them to you. Multiple requests made within the same 10 business-day period will be treated as a single request for the purposes of calculating total copy costs. If possible, and upon request, we will provide you with an estimation of the total cost of supplting copies. For 100 or fewer paper copies – 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two- sided copy. Most other types of copies – actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically sending the data. In determining the actual cost of making copies, we include employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, based on your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate search and retrieval charges at the higher salary/wage. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 6 Data Request Form – Requesting Public Data Note: Inspection is free but the City of Falcon Heights charges for copies as stated on the Fee Schedule: https://www.falconheights.org/home/showpublisheddocument/2236/637655759592873046 We will respond to your request as soon as reasonably possible. * You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. We also need contact information if we do not understand your request. We will not work on your request until we can clarify it with you. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 7 Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies City of Falcon Heights has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies City of Falcon Height’s obligation under Minnesota Statutes, section 13.073, subdivision 6. [Signed by] [Title] [Date] *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Data Practices Office 658 Cedar Street Suite 320 St. Paul, MN 55155 info.dpo@state.mn.us Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 1 Data Practices Policy: Requests for Data About You and Your Rights as a Data Subject Minnesota Statutes, sections 13.025 and 13.03 require this policy. If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Please use the notification information at the end of this model policy. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 2 What is a “Data Subject”? When government has information recorded in any form (paper, harddrive, voicemail, video, email, etc.), that information is called “government data” under the Government Data Practices Act (Minnesota Statutes, Chapter 13). When we can identify you in government data, you are the “data subject” of that data. The Data Practices Act gives you , as a data subject, certain rights. This policy explains your rights as a data subject, and tells you how to request data about you, your minor child, or someone for whom you are the legal guardian. When Admin Has Data About You The City of Falcon Heights has data on many people, such as permit applications, licenses and employment applications. We can collect and keep data about you only when we have a legal purpose to have the data. Admin must also keep all government data in a way that makes it easy for you to access data about you. Government data about an individual have one of three “classifications.” These classifications determine who is legally allowed to see the data. Data about you are classified by state law as public, private, or confidential. Here are some examples: Public Data The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. The following are examples of public data about you that we might have: • Your name on an application for a business license • Your name on an application for a building permit • Your address or other publicly accessible records Private data We cannot give private data to the general public. We can share your private data with you, with someone who has your permission, with our government entity staff whose job requires or permits them to see the data, and with others as permitted by law or court order. The following are examples of private data about you that we might have: • Your social security number • Your driver’s license number • Your credit card number Confidential Data Confidential data have the most protection. Neither the public nor you can access confidential data even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. The following is an example of confidential data about you: Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 3 • Juvenille case files • Internal investigations • Witness reports Your Rights Under the Government Data Practices Act As a data subject, you have the following rights. Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask us not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We will ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. When We Collect Data From You When we ask you to provide data about yourself that are not public, we must give you a notice called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. Protecting Your Data The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 4 When Your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request For Your Data You can ask to look at (inspect) data at our offices, or ask for copies of data that we have about you, your minor child, or an individual for whom you have been appointed legal guardian. Make a written request . You may make your request by mail, fax, or email. Also, requests should go to the Repsponsible Authority or a Designee, using the data request form on page 8. We recommend using the sample Data Request Form – Data Subjects on page 8. If you do not choose to use the data request form, your request should: • Say that you are making a request as a data subject, for data about you (or your child, or person for whom you are the legal guardian), under the Government Data Practices Act (Minnesota Statutes, Chapter 13). • Include whether you would like to inspect the data, have copies of the data, or both. • Provide a clear description of the data you would like to inspect or have copied. • Provide proof that you are the data subject or data subject’s parent/legal guardian. We require proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a legal guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity on page 9. If you do not provide proof that you are the data subject, we cannot respond to your request. How We Respond to a Data Request Upon receiving your request, we will review it. • We may ask you to clarify what data you are requesting. • We will ask you to confirm your identity as the data subject. • If we do not have the data, we will notify you in writing within 10 business days. • If we have the data, but the data are confidential or not public data about someone else, we will notify you within 10 business days and identify the law that prevents us from providing the data. • If we have the data, and the data are public or private data about you, we will respond to your request by doing one of the following: o Arrange a date, time, and place to inspect data in our office, ensuring you have a meaningful opportunity to inspect data within 10 business days of your request at no charge o Tell you how much the copies cost, and then provide you with copies of the data within 10 business days and upon payment of charges for the copies. You may choose to pick up your copies, or have us mail or email them to you. We will provide electronic copies (such as email or CD-ROM) upon request, if we keep the data in electronic format and we can reasonably make a copy. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 5 o We will provide notice to you about our requirement to prepay for copies. • Following our response, if you do not make arranments with 10 business days to inspect the data or pay for the copis, we will conclude that you no longer want the data and will consider your request closed. • After we have provided you with your requested data, we do not have to show you the same data again for 6 months unless there is a dispute about the data or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please tell the person who provided the data to you. We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request. If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required to respond to questions that are not about your data requests, or that are not requests for government data. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 6 Data Practices Contacts Responsible Authority / Data Practices Compliance Official Jack Linehan, City Administrator Adress: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7611 Email: jack.linehan@falocnheights.org Data Practices Designee(s) Megan Pavek, Assistant to the City Administrator Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7611 Email: megan.pavek@falconheights.org Brennan Sorensen, Administrative and Communications Coordinator Address: 2077 Larpenteur Ave W, Falcon Heights, MN 55113 Phone Number: (651)792-7621 Email: brennan.sorensen@falconheights.org Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 7 Copy Costs – Data Subjects Minnesota Statutes, section 13.04, subdivision 3 allows us to charge for copies. You must pay for the copies before we will give them to you. Multiple requests made within the same 10 business-day period will be treated as a single request for the purposes of calculating total copy costs. If possible, and upon request, we will provide you with an estimation of the total cost of supplting copies. Actual Cost of Making the Copies We will charge the actual cost of making copies for data about you. In determining the actual cost, we include the employee-time to create and send the copies, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs such as postage (if any). If your request is for copies of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 8 Data Request Form – Data Subject Note: Inspection is free but the City of Falcon Heights charges for copies as stated on the Fee Schedule: https://www.falconheights.org/home/showpublisheddocument/2236/637655759592873046 We will respond to your request within 10 business days To Be Completed By Staff Member Responding to Data Request: Identity Confirmed: Date: Staff Name: Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 9 Standards For Verifying Identity The following constitute proof of identity: • An adult individual must provide a valid photo ID, such as o a driver’s license o a state-issued ID o a tribal ID o a military ID o a passport o the foreign equivalent of any of the above • A minor individual must provide a valid photo ID, such as o a driver’s license o a state-issued ID (including a school/student ID) o a tribal ID o a military ID o a passport o the foreign equivalent of any of the above • The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as  a court order relating to divorce, separation, custody, foster care  a foster care contract  an affidavit of parentage • The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not inspect data or pick up copies of data in person may be required to provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2019) 10 Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies City of Falcon Heights has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies City of Falcon Height’s obligation under Minnesota Statutes, section 13.073, subdivision 6. [Signed by] [Title] [Date] *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Data Practices Office 658 Cedar Street Suite 320 St. Paul, MN 55155 info.dpo@state.mn.us CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 13, 2022 No. 22-31 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION APPROVING POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT WHEREAS, the Minnesota Government Data Practices Act found at Minnesota Statutes, Chapter 13 (the “Act”) and Minnesota Rules, Chapter 1205 (the “Rules”), regulate government data; and WHEREAS, S, Minnesota Statutes, Section 13.03, Subdivision 2, Section 13.05, Subdivision 5 and Section 13.025 require the City of Falcon Heights (the “City”) to establish policies regarding the collection, storage, use and dissemination of data under the Act; and WHEREAS, the updated policies are contained in the following documents, which were submitted to the City Council for its review (collectively, the “Data Practices Policies”): • City of Falcon Heights Public Records Data Practice Policy • City of Falcon Heights Data Subjects Data Practice Policy; and WHEREAS, the City Council has reviewed the Data Practices Policies and finds them to be appropriate and acceptable; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Approves the Data Practice Policies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Amendment to Chapter 105 Regarding Vacant Properties Description The Planning Commission is tasked, by ordinance and statute, to make recommendations to Council concerning zoning and other related issues. In 2017, citizens of the City of Falcon Heights requested the Planning Commission review rules and requirements concerning vacant homes and properties. The Planning Commission began the task of addressing the concerns of the residents by studying and reviewing other municipal requirements and regulations. To aid in this task, the Planning Commission created a small group or sub-committee of the Commission to study the issue and bring ideas back to the Commission. The sub-committee of the Planning Commission, with staff’s help, has prepared the attached ordinance relating to vacant buildings. The draft ordinance has been reviewed by the City Attorney with minor changes and is based off of the 2020/2021 Planning Commission subcommittee’s recommendations. Changes were made to the draft ordinance that aligned with the 2021/2022 subcommittee’s recommendation to limit the ordinance to a registration of vacant properties as a starting measure to address vacant property issues. Future action can be reviewed and considered if the condition warrants it. The Planning Commission held a hearing of the draft ordinance on June 28, 2022 and voted to recommend approval of Ordinance 22-01 to City Council. Staff recommends the approval of Ordinance 22-01 Vacant Property Registration and the Summary Resolution also attached. Budget Impact N/A Attachment(s) Ordinance 22-01 Vacant Properties Summary Resolution for Ordinance 22-01 Vacant Properties Meeting Date July 13, 2022 Agenda Item Policy Item H2 Attachment Ordinance 22-01 Vacant Properties Summary Resolution Submitted By Paul Moretto Community Development Coordinator Action(s) Requested A Motion to approve Ordinance 22-01 Requiring the Registration of Vacant Properties in the City of Falcon Heights and the Summary Resolution 222097v5 ORDINANCE NO. 22-01 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING VACANT PROPERTIES THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 In Chapter 105 – Buildings and Building Regulations of the City Code of Falcon Heights, Article VI – Vacant Properties is added as follows: ARTICLE VI – VACANT PROPERTIES Sec. 105-120. - Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance official has the meaning assigned in Sec. 105-87. Vacant Properties means a property with a building or buildings constructed or reconstructed for a business or residential purpose that is unoccupied. Sec. 105-121. - Policy The purpose of this subsection is to protect the public health, safety, and welfare by establishing a program for the identification and registration of vacant Properties within the City. Sec. 105-122 - Registration required; form. (1)The owner of a vacant Property located within the City, or an agent of the owner, shall register the property with the compliance official. The registration shall be submitted on forms provided by the compliance official and shall include the following information supplied by the owner: (a) Street address of the Vacant property; (b)The names and addresses of the owner or owners; (c) The contact phone number and email address of the owners and any property managers 222097v5 or caretakers responsible for the upkeep or supervision of the property; (d)The date the building became vacant, the period of time the building is expected to remain vacant; (e)A plan for compliance with all applicable provisions of City Code and other applicable regulations, including building maintenance, snow removal, yard maintenance, and nuisance prevention; (f)Whether service for water, sewer, natural gas and electric utilities is active; (g)The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within 30 days of any change; (h)The addresses of all other properties within the City, whether vacant, undeveloped, or occupied, that the owner owns or has an ownership interest in; (i)If a property is vacant and the owner fails to complete the registration process, the City may administratively register the property. (2)The current owner of a vacant property shall file a new registration with the compliance official within 30 days of any of the following occurring: (a)Any transfer of ownership interest in the property; (b)Change of the contact phone number or email address of the owner or the property manager or caretaker; or (c)Change to the plan for compliance with applicable City Code provisions. (3)The owner of a vacant property shall file a new registration every two years. Sec. 105-123. - Presumptions, exceptions, and fee waivers. (1)Any one of the following conditions shall constitute a rebuttable presumption that a building is vacant. It shall be the responsibility of the owner to establish that it is not a vacant property if any of these conditions exist. (a) Discontinuance of trash service; (b)Disconnection from water or sewer service; or (c) Water usage of less than an average of 50 gallons over a three-month period. (2)Vacant Properties are not required to register or pay the registration fee if any of the following apply: (a)the City or any governmental entity is the owner of the vacant property; (b)the owner possesses a valid building permit for remodeling the building located thereon or for construction of a new building on such property; (c)there is a valid, unexpired business license issued by the City; 222097v5 (d)there is a valid, unexpired residential rental license issued pursuant to Article IV of Chapter 105; (e) there is a valid development agreement or redevelopment agreement with the City; or (f)the property is actively marketed as "for sale" at a reasonable price by the owner or the owner’s designee, broker, or agent. It is the obligation of the vacant Property owner to produce evidence of active marketing at a reasonable price to claim this exemption. A property listed on the MLS (multiple listing service) or similar listing service is presumed to be actively marketed. (3)The following vacant Properties are required to register, but the registration fee is waived; (a)Residential properties with one or two dwelling units where the owner intends to resume occupancy of at least one unit as a dwelling within 180 days; provided, however, that failure to actually resume use of the vacant Property as a dwelling within 180 days will result in imposition of the waived registration fee; or (b)The City Administrator may grant a waiver of the registration fee one time for an owner suffering hardship and for which the registration fee is a burden. Sec. 105-124 - Recordkeeping The compliance official shall maintain a record of all vacant buildings that have become known to the compliance official, including those registered and those not registered. Sec. 105-125 - Fees. The City Council may, by fee schedule or ordinance, adopt a fee or fees for the registration required by this article. If adopted, the fee must be limited to the reasonable costs associated with registration, enforcement, and compliance of this article. SECTION 2 Sections 105-115 through 105-119 are added as follows. ARTICLE V – ELECTRICAL REGULATIONS Secs. 105-115 through 105-119. Reserved. SECTION 3 This ordinance shall be effective upon its passage and a summary published in the official newspaper. ADOPTED this 13th day of July, 2022, by the City Council of the City of Falcon Heights, Minnesota. 222097v5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ___ Against City Administrator WEHYEE ANDREWS CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 13, 2022 No. 22-32 ------------------------------------------------------------------------------------------------------------------------------------- A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE CONCERNING VACANT PROPERTIES WHEREAS, the City Council of the City of Falcon Heights has adopted the above referenced ordinance; and WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2022-01. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-01 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION An Ordinance Amending Chapter 105 Of The Falcon Heights City Code Concerning Vacant Property THE CITY SHALL REQUIRE VACANT PROPERTY, WHICH IS DEFINED AS VACANT, BE REGISTARED WITH THE CITY OF FALCON HEIGHTS; The City Council of the City of FALCON HEIGHTS ordains: STATEMENT OF INTENT AND PURPOSE The purpose of this Ordinance is to protect the public health, safety, and welfare by establishing a program for the identification and registration of vacant Properties within the City. Adoption of this Ordinance is, in the judgment of the Council, in the best interests of the City and its residents. Ordinance 22-01 is available, upon request, at City Hall, 2077 W. Larpenteur Ave, Falcon Heights, MN 55113. Adopted this 13th day of July, 2022. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: Randall C. Gustafson Mayor GUSTAFSON In Favor Attested by: LEEHY Jack Linehan, City Administrator MEYER WEHYEE ANDREWS Against BLANK PAGE