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HomeMy WebLinkAbout10-12-2022 Regular MeetingCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA October 12, 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:1.Recognition of Kay Andrews' Service to Falcon Heights E.APPROVAL OF MINUTES: 1.September 28, 2022 City Council Regular Meeting Minutes2.October 5, 2022 City Council Workshop Meeting Minutes F.PUBLIC HEARINGS: G.CONSENT AGENDA:1.General Disbursements through: 10/6/22 $32,412.76Payroll through: 9/30/22 $20,711.11Wire Payments through: 9/30/22 $14,013.33 2.Accept the Resignation of Kay Andrews from the City Council and Declare a Vacancy3.Approve Two-Year Extension Agreement with Tennis for Recycling Services H: POLICY ITEMS: I.INFORMATION/ANNOUNCEMENTS: J.COMMUNITY FORUM:Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items. K.ADJOURNMENT: BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Recognition of Kay Andrews Description In recognition of her public service and dedication to the community of Falcon Heights, Kay Andrews will be recognized and presented with a plaque. Although Kay Andrews will not be in attendance, the City of Falcon Heights will present it to her at another time and/or location. Kay Andrews served as President and CEO of Northeast Youth and Family Services, providing service to NYFS and the community for 33 years. In recognition, a facility opened in 2021 and was named the Kay Andrews Discovery Center. Kay Andrews has resided in Falcon Heights since 1992 and has served on the Planning Commission, the Human Rights Commission, and the Inclusion and Policing Task Force, with the purpose of making all feel welcomed, included and safe. Kay Andrews was appointed to the Falcon Heights City Council and took an Oath of Office on January 8, 2020. Her resignation is effective on October 12, 2022. Budget Impact N/A Attachment(s) Resolution 22-47 – Proclamation Recognizing Kay Andrews’ Service to Falcon Heights Action(s) Requested Motion to recognize Kay Andrews’ service to Falcon Heights and present her with a proclamation. Meeting Date October 12, 2022 Agenda Item D1 Attachment Proclamation Submitted By Kelly Nelson, Assistant to the City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION October 12, 2022 No. 22-47 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION HONORING KAY ANDREWS’ SERVICE TO FALCON HEIGHTS WHEREAS, Council Member Kay Andrews served as President and CEO of Northeast Youth and Family Services, collaborating with various agencies, including 15 municipalities, 3 school districts and 5 police departments to provide community-based support services and mental health counseling to the northeastern suburbs of Ramsey County. Council Member Kay Andrews provided 33 years of service to NYFS and the community, and, in recognition of this, a facility opened in 2021 was named the Kay Andrews Discovery Center; and WHEREAS, Council Member Kay Andrews has resided in Falcon Heights since 1992; and WHEREAS, Council Member Kay Andrews has served on the Planning Commission, the Human Rights Commission, and the Inclusion and Policing Task Force, with the desire to create a strengthened, safe, inclusive and more collaborative community where all people are welcomed, included and safe; and WHEREAS, Kay Andrews was elected to the Falcon Heights City Council and subsequently took an Oath of Office on January 8, 2020; and WHEREAS, Council Member Kay Andrews tendered her resignation from the Falcon Heights City Council effective October 12, 2022; and WHEREAS, Council Member Kay Andrews has honorably dedicated herself to serving her community and the residents of Falcon Heights and is a bright example of public service. NOW THEREFORE BE IT RESOLVED that I, Mayor, Randall C. Gustafson, on behalf of the City Council of the City of Falcon Heights, Minnesota, do hereby honor and recognize Kay Andrews for her contributions and service to the City of Falcon Heights as a councilmember. May this proclamation be provided to Kay Andrews in recognition for her years of service to the Falcon Heights community. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan ANDREWS ____ Against City Administrator LEEHY WEHYEE BLANK PAGE  CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES September 28, 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__X_ STAFF PRESENT: LINEHAN__X__ FREIHAMMER__X__ C.APPROVAL OF AGENDA 1.Kay Andrews Recognition as a Presentation Motion of approval of agenda; approved 5-0 D.PRESENTATION: 1.Kay Andrews Recognition as a PresentationMayor Gustafson states that Council Member Kay Andrews will resign from the CityCouncil. The official resignation acceptance will be at the October 12th City Councilmeeting. Council Member Andrews states that she will miss living in Falcon Heights andhopes the City Council continues to do well and work together. Council Member Leehy states it has been a pleasure having you as a friend and a resident in Falcon Heights. You will be dearly missed. Council Member Wehyee states it has been a pleasure serving with you. I havedeveloped a tremendous amount of respect for you and as a member of thiscommunity. We will miss you very dearly. Council Member Meyer states the little time working with it has been great andwishes Council Member Andrews the best. Jack Linehan, the City Administrator, said he enjoyed getting to know you. He appreciates working for someone thoughtful and passionate in city government. Linehan is sad to see Council Member Andrews go but also excited for her in her nextchapter. Joe Bischoff, Council Member Andrews's son, says his mother did a great job. She has been helping people all of her life. Steve Russell says he is a St. Paul resident but helped Andrews in her campaign.Steve, his wife, and their friend are all there to support their long dear friend. Ann Russell, St. Paul, states that she has been a dear friend of Andrews for 45 years. Andrews is an amazing person who has played an instrumental role in the community and in helping people. Speaker, who did not state their name, states she has have been a long-time friend of Andrews and second what everyone else has said about Andrews. So, it is lovely to see her being recognized in this context. Mayor Gustafson thanks Andrews for the time we got to know each other on the task force and the Mayor talking Andrews into running for City Council. Your service and insight with Northeast Youth and Family Services have made a real difference in this community. Your three years on the Council have been tremendous. Your thoughts and guidance to help us through all of that. E. APPROVAL OF MINUTES: 1. September 7, 2022 City Council Workshop Meeting Minutes 2. September 14, 2022 City Council Regular Meeting Minutes 3. September 21, 2022 City Council Workshop Meeting Minutes Mayor Gustafson sent a few grammar and typo changes to the City staff. Motion by Council Member Andrews for approval of Minutes; approved 5-0 F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through: 9/22/22 $41,300.36 Payroll through: 9/15/22 $17,701.64 Wire Payments through: 9/15/22 $13,065.29 2. Accept the Resignation of Planner/Community Development Coordinator Paul Moretto 3. Acceptance of Proposal and Authorization of City Administrator to Negotiate Contract with Landform Professional Services, LLC for Temporary Planning Consultant Services 4. Approve Quote with Bituminous Roadways, Inc. to Perform 2021 PMP Repairs in an amount not to exceed $125,000.00. 5. Appointment of Kelly Nelson to the position of Assistant to the City Administrator Mayor Gustafson thanks Paul Moretto for all he has done for the City. In addition, welcomes Kelly Nelson, the new Assistant to the City Administrator to the City. Kelly Nelson states that she has lived in Falcon Heights for seven and a half years. Kelly loves living in Falcon Heights and is excited to start on Monday and grateful for this opportunity. Kevin Shay, the landform representative, states he will be filling in as the temporary City Planner for the City. Kevin is the acting Planner for several communities, such as Big Lake, the City of Clearwater, and the City of Burnsville. Kevin is looking forward to helping the City of Falcon Heights. Linehan welcomes Kelly and says he is excited to have an Assistant to the City Administrator; it is a very important position in our community. The City did a wide search for the position and got fantastic applicants. Kelly’s personality stood out among the qualified applicants, and how well she will get along with staff and residents. Kelly came to the interviews with more big bright ideas on how to have special events and take our marketing and promotions to the next level. Kelly has about 20 years of experience in radio through marketing, promotions, and event coordination. She will be a valuable asset to the City. In addition, Linehan is excited for Kevin Shay and Landform to start as well. Motion by Council Member Wehyee for approval of the Consent Agenda; approved 5-0 H: POLICY ITEMS: 1. Adoption of Interim Ordinance Prohibiting the Sale, Testing, Manufacturing or Distribution of THC Products Linehan states a new law was enacted at the end of the 2022 legislative session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. The changes took effect on July 1. The new law amends the scope of sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption. Previous law authorized a product containing nonintoxicating cannabinoids (CBD) to be sold, but the authority to sell edible CBD products was unclear. The new law expands the authority to include nonintoxicating cannabinoids, including edible cannabinoid products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. The new law does not limit where edible cannabinoids products may be sold. However, certain businesses by their nature maybe be limited on their ability to sell the products, including establishments that primarily sell liquor. Nothing in the new law limits a city’s zoning authority related to THC products. Falcon Heights’ city code does not address THC sales. As such, the majority of retail establishments could sell THC products within the state threshold. The most common locations for THC sales are gas stations, tobacco stores, and specialty CBD/THC retailers. The city does not have any tobacco stores, but does have two gas stations that currently sell tobacco products. City staff have been approached by a CBD/THC establishment interested in potentially opening a CBD/THC store in Falcon Heights. The city’s zoning ordinance does not address THC sales. An option for the City is to approve a moratorium on sales for up to one year to study the issue further and consider zoning regulations. A moratorium is a tool cities use to pause specific uses in order that the city may study the issue in anticipation of future regulations. A moratorium is limited to a period of one year. For example, a few cities such as Roseville, Arden Hills, Shoreview and Lauderdale have recently enacted a moratorium on CBD and THC products. For tonight’s consideration is an interim ordinance that would be in effect for up-to one year. During this time, the city is required to study the issue and develop policies or ordinances relating to the issue. If approved, staff will work with the Planning Commission and city attorneys to draft reasonable regulations and restrictions for where products can be sold and any licensing requirements that will be needed. The interim ordinance, if approved, will expire September 28, 2023. Council may repeal the interim ordinance before this time. Council Member Leehy asks Linehan about the ability to use whether the City has records of who is allowed, for example, an age limit. Linehan states that the City will want to update City law because State law states that the person purchasing CBD/THC products has to be 21 or older. Therefore, the City should look through its policies to ensure they are consistent with state law and update tobacco use. In addition, look at the City’s park regulations that limit the ability to consume nicotine tobacco, including CBD/THC, in our parks. Council Member Wehyee states he appreciates this Ordinance and that it is not a passive Ordinance and expects real progress to be made in the research so that the City will have the necessary information to enact the best policy/ordinance moving forward. Council Member Meyer states that the City of Roseville passed a similar Ordinance. Meyer asks if the smoke shops in Roseville are grandfathered in or if they must stop selling CBD/THC products. Linehan states that he does not know how the City of Roseville is enforcing its Ordinance, but technically the tobacco shops would need to cease the sale of the Delta 9 THC products. Many tobacco shops sell similar products, such as Delta 8. Council Member Meyer asks whether the City has a relative estimate of the cost of the study. Linehan states that the City was not looking at hiring an outside consultant, but there still is staff time. Looking at the Landform proposal, for example, we know they have an hourly rate, so it will take some time to look at the Ordinances. Linehan does not have an estimate as to what that would be. A lot of it depends on how extensive we get. Mayor Gustafson says that the State law allows cities to have the ability to make these kinds of determinations because there is no State-wide guidance at this time. Linehan states that is correct, with the addition of a few new clarifications under the state law. This law focuses on a couple of areas, such as the CBD/THC products can’t look like candy, has to come in child-proof packaging, has to sell to 21 or older, and limit the amount of THC in the product. The guidance on who can sell it and where it can be sold is very open. Any retailer could technically sell it. Council Member Meyer states he is sympathetic toward the people who use these products for pain relief. However, it should not be the Wild West, and this moratorium will give the City a chance to get some Ordinances on the book that will help the City regulate this properly. Regarding looking ahead through the year, when do you anticipate in terms of priorities this would be discussed, maybe sometime next year? Linehan says yes, it will take a little time for the Planning Commission and staff to take an initial look at it. Also, have a conversation with the City Attorney and get some ideas from other communities to see what they have enacted before September 28th, 2023. Motion by Council Member Leehy for approval of Adoption of Interim Ordinance Prohibiting the Sale, Testing, Manufacturing or Distribution of THC Products; approved 5-0 2. Approval of Agreement with The Center for Value-Based Initiatives for Police Contract Consulting Services Linehan states that staff released an RFP for Police Contract Analysis and Consulting Services on July 15, 2022. The RFP closed on August 15, 2022. The RFP was marketed widely online and staff reached out to local and national firms that specialize in this service. The city received interest from three qualified bidders. One bidder declined to submit, citing workload / staffing constraints as they were starting up their firm. In total, the city received two proposals from consultants: one from a local retired law enforcement executive, and one from a national police consulting firm. The City Council reviewed the proposals during workshops on 9/14 and 9/21. The majority of the council preferred the proposal that was submitted by the Center for Value-Based Initiatives (CVBI). The CVBI proposal will review our current calls for service and contract utilization, provide service recommendations and future contract recommendations, and review the success of implementing the Task Force on Policing and Community Inclusion initiatives as adopted by the City Council. The process will be kicked off with community focus group meetings and stakeholder interviews. The contract cost will be for $37,500.00, which includes travel and expenses. Both the consultant and the City anticipate the project will be completed in early 2023. Council Member Wehyee states that just so the audience understands where and why I am voting. I have nothing personal against Mr. Bostrom, the president of Value-Based Initiatives for Police Contract Consulting Services. I have no personal relationship with Mr. Bostrom, and from what I know of him, he sounds like a great guy and an outstanding professional. My vote against this contract has nothing to do with any personal animosity of any sort. Still, I do have some I think are very serious concerns regarding how this looks in terms of bias and terms of a potential conflict of interest, given the fact Mr. Bostrom is someone that did give our Mayor his first role in the County. Now the Mayor is a part of the decision granting the current contract; it does appear to be, or at least it can be perceived as a quid pro quo, and I think I have a serious issue with that personally. I think that is something we take a bit of caution over. Moreover, I think that, on the one hand, I can see the benefits of having Mr. Bostrom take this contract because he has the local network and knows the various folks in the local circuit. Still, I also fear that could potentially have an adverse impact in terms of how he is perceived or even treated and how he might even the solutions he can offer may not be as creative as someone who may be an outside agent. I believe that the contract is contingent on Mr. Bostrom's work with Bloomington, which, for me, is a bit worrisome because I am afraid that if something came up, his attention would be more on Bloomington than the City of Falcon Heights. The timeframe that we are hoping to get this done by is not completely confident, given the workload that Mr. Bostrom's company will be able to perform the tasks to the satisfaction that our community needs. For those reasons, I will be voting against this proposal, but again this is nothing personal it is based on principle. Mayor Gustafson states that he was hired by Ramsey County by the Ramsey County Sheriff's Office when Matt Bostrom was the Sheriff. I was hired as the Public Information Officer based on my skill set, experiences, and what I brought to the agency. Second, in terms of bias, there is no quid pro quo. I am not at all involved with The Center for Value-Based Initiatives. After five years Matt left the Sheriff of Ramsey County position to pursue one of three doctoral opportunities with Oxford University. I was not involved with any of the work he did with the City of Los Angeles or the County of Los Angeles or any of the operations of the State of Minnesota, as he has provided consulting services on how to hire for character and train for competence those type of things are not anything I personally at all benefit from nor will I gain anything from this contract with Dr. Bostrom. I have made that clear throughout my tenure as a City Council Member. I have expertise in public and law enforcement services to communities, and the Ramsey County Sheriff's Office employs me. I do not gain from having the contract with the City of Falcon Heights as part of the service. There are no service benefits or additional dollars. There is only the work I do, and I can provide this to this community and the other six communities from which the Sheriff's Office contracts law enforcement sheriffs. I took total offense to any statement of bias and have made that clear throughout the years. Regarding how Dr. Bostrom works with the City of Bloomington. He has a year-and- a-half-long contract with that agency, where he is taking a comprehensive look at their operations. I do not believe the capacity of his firm's ability will hinder what we are going to do here. I do not think he would have entered into this agreement if he thought he would short-change the organization. I think the fact that he offered his services at one-fourth of the cost of the national agency is significant. I will also state I do not think he will come in with a bias regarding how we are operated. He will come in with an understanding of how law enforcement services in Ramsey County and the City of St. Paul. He has 29 years of experience with the St. Paul Police Department, six years of experience as the Sheriff of Ramsey County, and 35 total years of service to the community in this area. He is going to provide the insight that he has in terms of how this community operates and how we interact with others. I believe this is a fair and equitable solution. To determine our mission here for this part of bringing in a consultant is to study our local Falcon Heights needs and wants. This purpose is to determine the need to hire a police department. Council Member Meyer states that he was impressed by Bostrom's work. I think the experience in our community has been here when we went through all of the struggles we have had over the last ten years. I think Jensen Hughes, the other firm is as good as they are. They don't have that local experience. Also, the contract price, on top of that, sealed the deal for me. Council Member Andrews states that she also believes that although there might be an appearance of bias, I don't think there is any evidence of that. His experience with our community and County will benefit the City of Falcon Heights because he will start the process with a lot of experience and expertise that the national firm would not have. They would have to spend a lot of time getting there. I think this will be a great opportunity for a new direction. Council Member Leehy states that isn't much more to add to what was presented in his RFP for his consulting firm goes along with what I have seen him practice as a leader in our County and having to worked with him and seeing him not just look for the needs of the law enforcement would want but what individuals and citizens are wanting and needing. I have seen him work graciously with a variety of people in diverse situations with diverse communities. For him to be doing this locally than being sought out by our State and Nation speaks well. That he has served in both large and small cities places like Bloomington still choose Matt Bostrom's firm over the competitors to meet this need, and I know with a lot of fields of consulting, it is not required for a firm only to serve one organization at a time and still do quality work. I feel that with what was presented to us and knowing who he is, we are seated well should we decide to move forward and vote for Matt Bostrom's firm to consult and give us what we need as a community. Motion by Council Member Meyer for approval of Agreement with The Center for Value-Based Initiatives for Police Contract Consulting Services; approved 4-1 Gustafson- Aye Leehy- Aye Meyer – Aye Andrews – Aye Wehyee – Nay 3. Adoption and Certification of the 2023 Preliminary Levy Linehan states Each year, the City must set and certify to Ramsey County a preliminary levy by September 30. Details for the preliminary 2023 General Fund Budget: 1. There are no levy limits imposed by the Legislature for the 2023 Budget. 2. The amount of LGA state aid was increased by an amount of $12,278 by the Legislature for budget year 2022. LGA will increase from $720,962 in 2022 to $733,240 in 2023. 3. Fiscal Disparity distribution dollars for 2023 decreased by $23,790 from the 2022 level. 4. Increase of $24,300 in revenue for Lauderdale plowing contract. 5. Increase of $164,395 in contract for police services. This not the City’s final adopted budget and our final adopted budget will be in December. Tonight, is only setting the levy amount. Council Member Meyer says that there could be a housing bubble, and it could burst. Falcon Heights is a desirable City to live in, and we have a great school, but we might also see a swing next year. Motion by Council Member Andrews for the adoption and Certification of the 2023 Preliminary Levy; approved 5-0 4. Approval of Setting Truth in Taxation (TNT) Hearing Date of Wednesday, December 14th, 2022 at 7:00 p.m. Motion by Council Member Meyer for the Approval of Setting Truth in Taxation (TNT) Hearing Date of Wednesday, December 14th, 2022 at 7:00 p.m.; approved 5-0 I. INFORMATION/ANNOUNCEMENTS: Council Member Wehyee states the Planning Commission met Monday, September 27th. Unfortunately, Wehyee was not in attendance, but the Commission did meet. Council Member Meyer states that he also was not in attendance for the Environment Commission. Still, they did discuss the Climate Emergency Declaration, and he is looking forward to getting plugged back with the Commission's next meeting. Mayor Gustafson stated he did attend the Community Engagement Commission meeting Monday, September 19th. The Commission took a look at the City's State Fair regulations and got feedback from the Commission on those regulations. The Commission also reviewed what the Commission did in 2022 and did some planning for Human Rights Day, which is on December 10th. In addition, we discussed having another coat drive with the International Institute. City Administrator Linehan states: • State Fair Town Hall o The City hosted our State Fair Town Hall on Wednesday, September 21st at 6:30 PM in City Hall Council Chambers o We estimate 75 attendees o Over 100 survey results o Once minutes are approved, the minutes and survey will be posted to the website o Next steps will be discussed at the October 5th City Council Workshop. • Assistant to the City Administrator o Excited to have Kelly join our team • Community Development Coordinator/Planner o I’m sad to see Paul leave, but happy for his professional growth o Position was posted on 9/14, so far we have received a few applications o Deadline closes on October 14th o We have Landform in on a contractual basis to handle plan reviews, code complaints and planning commission • Northeast Neighborhood Meeting – 2023 PMP o Wednesday, October 5th at 5:30 PM in Council Chambers • Falcon Woods Meeting o Wednesday, October 19th at 6:30 PM in Council Chambers • Amber Union Update o Final punchlist items o Nearing certificate of occupancy o Still coordinating for a ribbon cutting and open house 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. Closed Session 1. Discussion of the Purchase of Property Located at 2050 Roselawn Avenue – Community Park – Pursuant to Minn. Stat. 13D.05, subd. 3(b)(3). Mayor Gustafson requested a vote to recess in to closed session to discuss the purchase of property pursuant to Minn. Stat. 13D.05, subd 3(b)(3). Mayor Gustafson stated that no business would happen following closed session outside of adjournment. Motion by Wehyee/Meyer to recess to closed session; approved 5-0. L. ADJOURNMENT: 8:30 p.m. _______________________________ Randall C. Gustafson, Mayor Dated this 12th day of October, 2022 _________________________________ Jack Linehan, City Administrator BLANK PAGE  CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue MINUTES October 5, 2022 6:30 P.M. A. CALL TO ORDER: 6:40 p.m. B. ROLL CALL: ANDREWS ___ GUSTAFSON__X__ LEEHY_X__ MEYER __X_ WEHYEE_X__ STAFF PRESENT: LINEHAN__X__ SORENSEN__X__ C. POLICY ITEMS: 1. Upcoming City Council Vacancy Jack, the City Administrator states On September 26, Council Member Kay Andrews submitted her resignation as the Falcon Heights City Council Member effective October 12, 2022, due to her moving to a senior housing facility in Roseville that date. The City Council will be anticipated to formally accept Council Member Andrews's resignation at the Wednesday, October 12th City Council meeting. As there are less than two years left on the term, the City will be required to appoint a replacement. https://www.revisor.mn.gov/statutes/cite/412.02. At the workshop, the City Council will discuss the vacancy replacement process, determine how applications will be reviewed and formalize a timeline. The City may attempt to follow past-practice for filling vacancies, including the most recent examples in 2019 (Mayor Lindstrom), 2018 (Council Member Brown Thunder), and 2014 (Council Member Gosline). Council Member Wehyee asks whether you have to be a US citizen to run for City Council. Linehan says yes. Council Member Meyer says if we use this application process, the people who were also running in the last election should be informed of this so they can apply. Council Member Wehyee asks if there is a policy that states the process for something such as this. Mayor Gustafson says it is defined in state law. Council Member Meyer says maybe we do something similar to how we hired our new City Administrator. Mayor Gustafson asks if we can do interviews during a workshop. Linehan states I believe, but I will have to talk to the City attorney. Council Member Wehyee says I thought it worked very well online. Linehan says I will have to talk to the City Attorney to see if interviews need to be public or not. Council Member Meyer says I like the idea of working with the Commission chairs. Mayor Gustafson says I don't think we can have staff involved in this process. Linehan states City staff can publish the vacancy on the City's social media and in the newsletter from October 13 through the 26. How long would the Council want the application open? All of the Council Members say two weeks works. Mayor Gustafson says if we did the interview at a workshop and then held the finalist's vote at an open session. Then, we could call a special workshop meeting other than Wednesdays. Linehan states November 16 can be the finalist interview. Those who applies has to be public, but the process does not. Council Member Wehyee states we should be able to talk about why we choose a candidate. Mayor Gustafson says we could discuss our top three candidates. Mayor Gustafson said in the citizen group in 2014, all of the candidates got to speak then the citizens rated the candidates. Council Member Leehy suggests every candidate is numbered 1-10, and the top half of people move on to the next round to the citizen panel. Mayor Gustafson says we would have to give our results back to Linehan on November 2. Council Member Leehy asks can the citizen panel Zoom the candidates? Linehan states yes, they do not have to abide by the open meeting laws as they are not a public body. Council Member Leehy says November 16, we would vote for the finalist and are close to deliberating. Linehan says for the citizen panel, maybe we have that on the week of the 9th to give ample time to prepare for it. 2. State Fair Town Hall Recap / Next Steps Discussion Linehan states The City Council hosted a town hall on Wednesday, September 21st that was attended by approximately 75 citizens. A mailer was sent to every Falcon Heights household to advertise the event. Additionally, a survey was conducted and answered by 116 residents of Falcon Heights. There were many good ideas brought up in both the survey and the town hall, and areas for future policy review were identified. As the next step in the process, it is recommended that the City Council discuss the town hall and how we want to proceed with reviewing and potentially changing city policies prior to the 2023 Minnesota State Fair. Included in the packet are the open-ended responses to our survey and the minutes from the town hall meeting. The Council will discuss the town hall, and how to approach the next steps. looking through the surveys the vast majority of residents do not want residents do not want to people selling parking in their yards or selling products from their yard. Council Member Leehy says the residents of Hoyt have a serious issue with getting out on Hoyt. Mayor Gustafson states we must make it clear in the State Fair policy. The purpose of the State Fair parking permits is to have access to emergency vehicles and for residents to park their cars on the street during the State Fair so that State Fair goers don’t take those parking spots. Council Member Meyer says we could create a ticket tax to get leverage on the State Fair to get some compensation from them. Mayor Gustafson says the easiest way for the City is to make all Falcon Heights permitted parking during the State Fair. We could address the back to the 50’s stuff by looking at our noise ordinances and making them stricter. If we make it clear to the State Fair that we are going to clamp down on their customers Council Member Meyer says we should definitely raise the parking ticket fees, get more trash cans, and temporary speed bumps. Council Member Leehy says we can lift the trash can ordinance during the State Fair that requires residents to bring their cans in from the curb. This was suggested by an attendee. Mayor Gustafson says we must license the petty cabs during the State Fair. Council Member Leehy says we could put up temporary metered parking during the State Fair. Linehan says a task force may be the next step. However, the City Staff faced a problem: the State Fair Policies were in the Administrative Manual but not a part of the City Code. This makes it difficult to enforce. Mayor Gustafson says that the key is if we can get enforceable ordinances. Council Member Meyer says we should have the fair involved in these conversations. Linehan says having a mutual aid agreement from the State Fair on policing could benefit the City. Council Member Leehy says the ticketing and towing could be better. Mayor Gustafson says we could change our signs to say you will be ticked and towed. All of this is to stop people from speeding through the streets. Linehan says we can start the process for the task for the State Fair ordinance in January, with recommendations in the spring. D. INFORMATION/ANNOUNCEMENTS: Council Member Leehy asks if there is any update on the Ruggles Pathway. Linehan says yes, we are leaning towards vacating the pathway. More information will become available in the feasibility report. E. ADJOURNMENT: 9:10 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 12th day of October, 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: 10/6/22 $32,412.76 Payroll through: 9/30/22 $20,711.11 Wire Payments through: 9/30/22 $14,013.33 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 October 12, 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 Accept the Resignation of Kay Andrews from the City Council and Declare a Vacancy Description Council Member Kay Andrews submitted her resignation to the City Council on Monday, September 26th to be effective Wednesday, October 12th. In her resignation letter, Council Member Andrews notes that she is moving to senior housing in Roseville. s The City Council needs to formally accept Council Member Andrews’ resignation, and declare a vacancy on the council. As there is less than two-years left on the term, the City will be required to appoint a replacement. https://www.revisor.mn.gov/statutes/cite/412.02 At the October 5th workshop, the Council discussed the anticipated resignation and vacancy replacement process. Once a vacancy is declared, applications for interested Council Member candidates will be made available online and at City Hall on October 13th. Budget Impact N/A Attachment(s) Resolution 22-48, Resignation Letter Action(s) Requested Approve the attached resolution accepting Kay Andrews’ resignation and declare a vacancy on the City Council. Meeting Date October 12, 2022 Agenda Item Consent G2 Attachment Resolution 22-48, Resignation Letter Submitted By Jack Linehan, City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION October 12, 2022 No. 22-48 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ACCEPTING THE RESIGNATION OF COUNCIL MEMBER KAY ANDREWS AND DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, Council Member Kay Andrews tendered her resignation from the Falcon Heights City Council effective October 12, 2022; and WHEREAS, Kay Andrews was elected to the Falcon Heights City Council and subsequently took an Oath of Office on January 8, 2020; and WHEREAS, approximately fifteen months remain of the regular four-year term. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota as follows: 1. That the resignation is accepted, and 2. Declare a vacancy exists on the Falcon Heights City Council. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan ANDREWS ____ Against City Administrator LEEHY WEHYEE September 26, 2022 Dear Mayor Gustafson and City Administrator Linehan, I will be resigning from the Falcon Heights City Council effective as of Oct. 12, 2022. The reason for this action is because I am moving to Roseville where I will be living in a senior housing complex. I have greatly enjoyed living in Falcon Heights for the past 30 years and will greatly miss this community and my present home. It has been my privilege to serve on the council and will greatly miss not being involved in several upcoming projects. Falcon Heights is a great city and I wish you well as you continue to develop in new directions. If there is any way I could be of help in this transition, please feel free to contact me. Sincerely, Kay Andrews Council Member 1471 California Avenue BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Extend Recycling Contract with Tennis Sanitation, LLC Description As of January 15, 2016, the City and the Contractor executed a three-year City- Wide residential recycling collection contract. Tennis Sanitation, LLC and the City agreed to two (2) two (2) year extensions of the existing service ending December 31, 2022. Tennis Sanitation, LLC would like to provide service to the City for a two (2) year extension with the option for an additional two (2) year extension. If the City of Falcon Heights and Tennis Sanitation, LLC agree to extend contracted services, it will begin immediately upon the expiration of the current contract time period which ends on December 31, 2022. The current contract price is $3.50 per unit per month. The parties desire to amend the contract to include pricing for 2023 and 2024 with 2025 & 2026 to be negotiated in 2024. The cost of the Contract shall be $4.25 per unit per month from January 1st, 2023 to December 31st, 2023 and $4.75 per unit per month from January 1st, 2024 to December 31st, 2024. On May 9th of 2022 the Environment Commission reviewed the proposed contract and the analysis from Foth. The Commission approved of the contract and requested staff to ask Tennis to reduce the 2023 increase from $4.50 per unit per month. Staff requested this of Tennis and they agreed to a reduced rate in 2023 of $4.25. Foth, a contractor of Ramsey County, noted in a May 2022 report that Falcon Heights residents currently receive the lowest cost recycling in the region— even with the proposed contract increase. Budget Impact We would need to adjust the fee schedule to reflect the billing change. Attachment(s) 2023-2024 FH Extension Letter, Original Contract Meeting Date October 12, 2022 Agenda Item Consent G3 Attachment Extension Letter, Original Contract Submitted By Jack Linehan, City Administrator Action(s) Requested Staff would recommend the contract extension, authorize the City Administrator to execute all necessary documents and add the changes to the City Fee Schedule. July 6th, 2022 City of Falcon Heights 2077 Larpenteur Ave W Falcon Heights, MN 55113 Contract Extension Agreement between City of Falcon Heights and Tennis Sanitation L.L.C. Dear Falcon Heights, Tennis Sanitation L.L.C. is requesting that the term of the Original Contract agreement be extended for the period of January 1st, 2023 through December 31, 2024. With an option for an additional 2 year extension upon mutual agreement for the years of 2025 and 2026. If Falcon Heights and Tennis Sanitation agree to extend the Original Contract, it will begin immediately upon the expiration of the 1st extension period which ends on December 31st, 2022. This extension binds and benefits both parties and any successors, this document, including the Original Contract, is the entire agreement between Falcon Heights and Tennis Sanitation L.L.C. Rates increases 2023 $4.25 2024 $4.75 Tennis Sanitation, LLC City of Falcon Heights BY_______________________________ By: _______________________________ Date: ____________________________ Date: _____________________________ BLANK PAGE