HomeMy WebLinkAbout4-12-23 Regular Meeting
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
April 12, 2023
A. CALL TO ORDER:
B. ROLL CALL: GUSTAFSON____ LEEHY___ MEYER ___
WASSENBERG ____ WEHYEE___
STAFF PRESENT: LINEHAN___
C. APPROVAL OF AGENDA
D. PRESENTATION
1. Philando Castile Peace Garden Update
E. APPROVAL OF MINUTES:
1. March 18, 2023 City Council Retreat
2. March 22, 2023 Regular Meeting Agenda
F. PUBLIC HEARINGS:
G. CONSENT AGENDA:
1. General Disbursements through 4/5/23: $1,105,894.71
Payroll through 3/31/23: $20,018.95
Wire Payments through 3/31/23: $14,197.97
2. City License(s)
3. Appointment of Colin Callahan to Interim Public Works Director
4. Assistant to the City Administrator Kelly Nelson – Six Month Employee Step
Adjustment
5. Resignation of Danny Locke from the Community Engagement Commission
6. Amber Union TBRA – Amended Subordination Agreement
7. Payment to Ramsey County for 2022 Cleveland Avenue Project
H: POLICY ITEMS:
1. Contract with Center for Values-Based Initiatives for Law Enforcement Contract
Consulting Services
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:
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CITY OF FALCON HEIGHTS
City Council Retreat
City Hall
2077 West Larpenteur Avenue
MINUTES
March 18, 2023
9:00 A.M. - 3:00 P.M.
A. CALL TO ORDER: 9:00 a.m.
B. ROLL CALL: GUSTAFSON__X__ LEEHY___(arrived later)
MEYER _X__ WASSENBERG_X__ WEHYEE_X__
STAFF PRESENT: LINEHAN__X__ NELSON__X__ PITTMAN__X__ OLSON__X__
LANDBERG__X__ LYNCH__X__
C. AGENDA:
I. Introduction/Overview of Meeting – Mayor and City Administrator Linehan - 9:05 a.m.
II. Administration – City Administrator Jack Linehan - 9:15 a.m.
III. Planning and Zoning – Com. Dev. Coordinator/Planner Hannah Lynch – 9:30 a.m.
a. Environment Commission – Staff Liaison Hannah Lynch
b. Planning Commission – Staff Liaison Hannah Lynch
IV. Public Works – Public Works Director Tim Pittman - 10:00 a.m.
V. Finance –Finance Director Roland Olson / Accountant Alyssa Landberg - 10:15 a.m.
VI. Park and Recreation – Assist. to the City Administrator Kelly Nelson - 10:30 a.m.
a. Park Commission – Staff Liaison Kelly Nelson
VII. Communications – City Administrator Jack Linehan - 10:45 a.m.
a. Community Engagement Commission – Staff Liaison Kelly Nelson
VIII. BREAK (15 Minutes)
IX. CITY ADMINISTRATOR AND COUNCIL TOPICS - 11:15 a.m.
a. Recap of active plans / guiding documents
i. 2019 Strategic Plan
b. Community Park
i. Property Acquisition Update
ii. Funding
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1. Grants
2.Financing Options
iii.Construction Next Steps / Timeline
iv. Construction Process
c.Staffing & Retention
X.LUNCH (30 Minutes) - 12:00 P.M.
XI.Council Topics/Priorities - 12:30 P.M.
i.Police Contract Consultant Study – Matt Bostrom
1.Deliverables 1-4 Recap
2. Strategic Discussions
3.Next Steps
ii.Cost of Living/Taxes
iii.Environment
iv. Engagement/Inclusiveness/Two-Way Communication
1. Diversity, Equity and Inclusion Continuation
v.ARPA Funds
vi.Capital Priorities
vii.Program Priorities / Strategic Thinking
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Administrator Linehan listed off 2022 Administrative Accomplishments, which included:
Negotiated an offer for the purchase of Community Park
Onboarded a new team
Police Contract Consultant Hired
Approved the 2023 Budget that included the largest capital program in City history,
while having the lowest levy increase in Ramsey County.
State Fair Town Hall
Launched the iWorQ public portal to allow residents/contractors fully online permitting
Negotiated a contract for plowing with Lauderdale
Administrator Linehan then shared 2023 Administrative Goals, which are:
Close on Community Park Property
Begin Phase 1 of construction design for Community Park
RFP for project management services
RFP for construction manager
Explore long-term solutions for Police contract
2023 Capital Program
2023 PMP
Larpenteur Street Lights
Bobcat Replacement
Revitalize work on DEI Initiatives & Cultivating a Caring Community
Organize State Fair Task Force and Implement Recommendations
Update Personnel Policy and Administrative Manual
Compensation Analysis to develop a staff retention plan
Finalize ARPA Fund Utilization Plan
Continue to improve communications for important city updates
Launch an e-license renewal process to streamline license renewals
Community Development Coordinator, Lynch, shared 2022 Planning and Zoning
Accomplishments, which included:
Grants
Ramsey County Recycling Grant
Completed all administrative paperwork for Amber Union grants
Continued implementing 2040 Comprehensive Plan
Amber Union Affordable Housing ribbon cutting
Attained GreenStep Cities Step 5 for fifth year
Vacant Home Registration Ordinance
Code Enforcement
Next, Lynch shared Goals for Planning and Zoning in 2023, which include:
Continue to identify “issues” in the City Code
General enhancements to the code
Quick response times to code enforcement issues
Sign Ordinance updates
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Work to implement the requirements of the 2040 Comprehensive Plan
Subcommittee to study where we are, where we need to be for 2040
Comprehensive Plan & develop action items
Snelling / Larpenteur Corridor Study
THC Licensing Ordinance
GreenStep Cities Step 5 for sixth year
Lynch next shared 2022 Accomplishments on behalf of the Environment Commission, which
included:
Attained GreenStep 5 status for fifth
year
Climate Crisis Resolution
Lynch stated 2023 Goals of the Environment Commission as:
Increase involvement with community
EV Readiness
Include provision for “No Mow May” in City Code
GreenStep 5 status for sixth year
Climate Action Planning
Lynch also shared 2022 Accomplishments on behalf of the Planning Commission, which
included:
Reviewed Requirements of 2040 Comprehensive Plan
Vacant Building Ordinance
Resolution Regarding the Acquisition of Community Park
Lynch said the 2023 Goals of the Planning Commission are:
Review City Code for updates and corrections
Work on developing 2040 Comprehensive Plan Studies
THC Licensing Ordinance
Hearings: Variances, PUDs, and Conditional Use Permits
New Potential Development Projects
Next, the Councilmembers heard from the Finance Department, with both Olson and Landberg
presenting their 2022 accomplishments, which included:
2021 Annual Financial Audit and ACFR
2021 Worker’s Compensation Audit
City Budget for 2023 Workshop Budget Worksheets
Assisted in Setting Tax Levy for 2023
ARPA Funding
State Auditor’s Office Required Reports Annually
Budget Summary
Financial Statement Summary
Tax Increment Reporting
Lobbying Report
Other Required Reports
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Department of Commerce Unclaimed Assets
MN Department of Labor and Industry
Quarterly Payroll Reports to IRS, State of MN, PERA, and ICMA
MN Sales Tax Report
Olson and Landberg shared the 2023 Goals of the Finance Department:
Maintain Financial Sustainability for Future of City
Maintain AAA Bond Rating
How do we do this?
Maintain Compliance Requirements of State of MN
Consistently Obtain Favorable Audit Results
Maintain Positive Pay Security
Fair Market Value (GASB 72) Our investments are valued at year end for our financial
statements. Fair value is described as an exit price (in other words, what would we get
if an investment was sold before it matured). Fair value assumes a transaction has taken
place before the maturity of the investment. Our investments are valued at year end for
our financial statements.
Olson then stated that the City made $125,475 in interest income in 2022. However, our
financial statements will reflect a LOSS of an estimated $145,250. The Fair Market Valuation of
our investments gets reflected in our financial statements at year end.
EXAMPLE: We buy a 1-year certificate of deposit on Feb 1 2022 with a coupon interest
rate of 2% and a maturity of Jan 31, 2023. If the interest rates increased during 2022 to
say 5%, then the value of the investment if we sold it at year end would be less than
what we paid for it. No one would likely buy our CD for face value knowing he would
only get 2% return on investment instead of the going rate of return at a 5% interest rate.
Olson then reassured councilmembers that we don’t have any investments of CDs at any banks
that are currently in trouble at this time. None of our investments are over the FDIC limit of
$250,000.
Next, Public Works Director, Tim Pittman, shared his department’s 2022 Accomplishments,
which were:
Sanitary sewer cleaning and televising of the complete city was completed
Spring, fall, and touch up street sweeping during the summer season was completed.
Saved on winter plowing and salting by doing in house.
Checking of all outfall catch basins as part of the MS-4 requirements.
Worked with County and State on projects within the city limits.
Sidewalk panel replacement in Northome area
Sewer lining project for 2022 completed
Pittman said the 2023 Goals for his department are:
Work with State and County on projects when needed.
Work with City Engineer on 2023 and future 2025 PMP project.
Street sweep at least three times this year.
Keep up with MS-4 requirements, in and outfall basins, storage ponds, etc.
Keep patching roads until they are scheduled for PMP.
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Continue Sanitary Sewer Lining Program
Continue with sidewalk panel replacement as needed / Iowa / Hoyt (main concerns)
Staff person Nelson, shared 2022 Accomplishments in Parks Programming:
Maintained enrollment in yoga and TKD classes at City Hall
Had a great turnout at both the Spring Together and Ice Cream Social events in 2022.
Had summer programming staff and minimum attendance levels in most programs
offered.
Staff applied for a grant on November 20, 2022 on behalf of the Monarch Joint Venture
to help restore the pollinator habitat in Community Park. We should be notified this
month if we will receive grant funds.
Nelson shared that Programming Goals for 2023 include:
Study 2023 Summer Programming enrollment/staffing to make determinations for 2024
with more time for planning.
Use data and input from ice skating in 2022 and 2023 to make informed decisions for
2024 (a shared goal with the PARC)
Continue looking for classes to add to City Hall
Nelson, liaison to the Parks and Rec Commission, next shared the commission’s 2022
Accomplishments:
The commission began meeting regularly, with quorum in November!
Staff compiled data to show the usage at Curtiss Field ice rink in 2022 and presented the
data at the December 5, 2022 commission meeting. This will now be done annually so
that improvements can be suggested and concerns and comments can be voiced prior to
the next skating season.
Nelson provided a list of ten goals established by the Parks and Recreation Commission for
2023:
Community Park Building – submit 2023 Outdoor Recreation Grant application and
gather community input at City events.
Paint basketball court at Curtiss Field
Develop a fall event
Draft and implement a weather and discipline policy for summer/fall programming.
Develop marketing strategies to expand the areas and people we currently reach to
promote City events and programming to.
To have regular meetings of the Parks and Recreation Commission, having quorum at
least every quarter.
To create an event calendar
To visit/revisit area park buildings to gain knowledge in order to suggest
improvements for our own building at Community Park.
To establish and complete an annual park audit assessment, looking at the amenities we
currently have and to determine areas to improve upon; provide list of
recommendations.
To do an annual assessment of programming and to study the ice rink’s use at Curtiss
Field, looking for ways to improve next year.
Develop a commission agenda calendar
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Administrator Linehan shared 2022 Accomplishments in Communications:
Launched a City NextDoor Agency Account
Increased Facebook Reach
18,614 page reach (up 189% over 2021)
102 new “likes”
Published two printed newsletters
Linehan said his goals in 2023 for Communications are:
Issue RFP for newsletter/printing services
Grow social media accounts
Launch an Instagram page to promote projects, including 2023 PMP and park
renovation
Nelson then shared 2022 Accomplishments from the Community Engagement Commission
(CEC), which were:
Added coat and non-perishable food drive components to Human Rights Day event on
December 8, 2022.
Ice Cream Social had a great turnout in 2022 and the date is set for 2023.
Updated the new resident packet and postcards are once again being mailed out.
Nelson said the CEC’s 2023 Goals are:
Re-establish “Cultivating Our Caring Community”
Expand reach to residents and advertise City events earlier
Assist with planning and promotion of City events
At this time, all Staff had presented accomplishments and goals with councilmembers. A short
break was taken and then Administrator Linehan presented the following:
o Recap of active plans / guiding documents
•2019 Strategic Plan
Plan Components
o Strategic Direction One: Leveraging Community Involvement
o INTEGRATE BUSINESS WITHIN OUR COMMUNITY
o REASSESS AND REDIRECT OUR COMMISSION ACTIVITIES
o EMPOWER RESIDENTS
o IMPLEMENT CEC STRATEGIC PLAN AND INTEGRATE WITH LARGER PLAN
o Strategic Direction Two: Showcasing Our City
o BEAUTIFY STREET SCAPES
o CREATE “UNIQUE TO FALCON HEIGHTS” FESTIVAL/EVENT
o IMPROVE FACILITIES
o Strategic Direction Three: Creating Common Spaces
o IDENTIFY SPACES FOR COMMUNITY USE
o FIX COMMUITY PARK
o Strategic Direction Four: Enhancing Public Safety
o ENHANCE PUBLIC SAFETY THROUGH INTERACTIVE AND PRO-ACTIVE
POLICING
o Strategic Direction Five: Improving Communication
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Community Park
Property Acquisition Update
o Final step: approve subdivision on March 22nd
o Closing within 30 days
o Funds wired to U of M
Funding
o Grants
• DNR Outdoor Recreation Grant
o State Bonding Request
• Fall Session Request – plans need to be more finalized
o Financing
• 2024 General Improvement Bond
• Dedicates entire city as improvement area
• Estimate of $2M required for bond
Construction
o Next Steps
o Construction Process / Timeline
Staffing & Retention
o Staff retention continues to be an issue
• Certain positions, such as Administrative & Communications Coordinator,
experiencing nearly annual turnover
• Makes continuity difficult, particularly on commissions
• Candidates cite main reason for leaving as compensation– they are able to get more
funds elsewhere
• We are limited as a small community with 2/3rds untaxable
• Need to be creative in staff retention
o Ideas such as
• Looking at other benefits / perks
• 36-hour work week– a move private sector companies are considering and is done in
small rural communities.
• M-Th 8AM-4:30PM, Fri 8AM-Noon
• Same pay for less hours – an effective raise of 10% with no impact to tax levy
• Similar to “Summer Hours,” but instead of 7:30-5:00. We rarely have visitors
this half hour stretch.
• Online permits have reduced walk-in traffic substantially
• Appeals to Millennial / Gen Z employees who prioritize time over money
• Would require PERA / legal guidance
Administrator Linehan and the City Council then delved in to the priorities of the Council:
o Police Contract Consultant Study – Matt Bostrom
• Deliverables 1-4 Recap
• Strategic Discussions
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• Next Steps
o Cost of Living/Taxes
o Environment
o Engagement/Inclusiveness/Two-Way Communication
• Diversity, Equity and Inclusion Continuation
o ARPA Funds
o Capital Priorities
o Program Priorities / Strategic Thinking
D. ADJOURNMENT: 4:35 p.m.
Council Member Meyer
motions to adjourn the
retreat; approved 4-0.
DISCLAIMER: City Council Retreats are held annually as an opportunity for Staff to present prior year
achievements in their departments as well as outline their current goals to Council Members. And, it
allows 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 should send them to mail@falconheights.org prior
to the retreat. 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 18th day of March, 2023
_________________________________
Jack Linehan, City Administrator
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
March 22, 2023 at 7:00 P.M.
A. CALL TO ORDER: 7:02 p.m.
B. ROLL CALL: GUSTAFSON__X__ LEEHY_X___ MEYER _X___
WASSENBERG __X__ WEHYEE__X__
STAFF PRESENT: LINEHAN_X__
C. APPROVAL OF AGENDA
The amended agenda was approved
4-0
(Wehyee was not yet present)
D. PRESENTATION
1. Proclamation Recognizing Public Works Director Tim Pittman’s Contribution to the City
of Falcon Heights
Pittman says he can’t think of a better place to finish out his career in and thanks all.
Mayor Gustafson says it will be a big hole and thanks Tim Pittman.
Councilmember Leehy says it’s been a delight to interact with and work with Tim. His
kindness and hard work will be greatly missed.
Councilmember Wehyee adds that it’s been a delight to work with Tim over the years and
we’ll miss having him here.
Councilmember Meyer thanks Tim for also being the interim City Administrator at one time
as well as the other many great things he’s done for the City.
2. Center for Values-Based Initiatives – Police Contract Consultant Study
Administrator Linehan says that the process started last summer, at a City Council Retreat,
where it was discussed what the City’s long-term options would be for policing and it was
decided that the City would seek outside help with the process. After an RFP was issued for
a consultant, the winning bidder was the Center for Values-Based Initiatives and Matt
Bostrom. Matt Bostrom is a former Ramsey County Sheriff and has significant law
enforcement experience in Ramsey County and knows the City well, making him a logical
choice. To gain further public feedback, we set out 100 surveys to a random sample and got
approximately 30 of those back. Matt Bostrom will present the highlights but the full 120+
page document can be found on our website and Administrator Linehan recommends
people view it. Later on in this meeting, the City Council will consider formally approving
this study.
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Matt Bostrom says there are five sections when looking at the full document and those
sections are associated with the City’s scope of service; what were the core things they
wanted me to accomplish? The five sections are meant to stand on their own when reading
the full document so there is some repetition. Bostrom didn’t want readers to have to go
back through the document to find a figure or table.
Section 1: Community Value and Satisfaction: Take a look at current value of police services
and what types and levels of services the community desires and expects. Then, if that’s
what you expect, then what is current level of satisfaction? What is at the core of trust?
From a Falcon Heights’ perspective, what is it that generates trust? What came out of the
discussions was four things. If we want trust in community police, we need to see honesty,
leadership, respect and service. There was such a level of detail, Bostrom says that they
were able to come up with a glossary of terms.
Section 2: Workload Analysis
The Ramsey County Communications Center was able to forward five years of data to the
City and the City then shared it with Bostrom. This allowed a deeper analysis of how many
calls per year, per day, etc. From a resident’s perspective, when do we need the police? We
have a five-year spectrum of what that looked like. Then, from the police’s perspective, how
many times did they see something that needed to be documented, that they had to write a
report? Bostrom shares that this is a great community. It’s a very safe City…remarkably
safe.
Section 3: Contract Analysis
What does our current contract look like and what do we really need for services? Bostrom
said that he put what our current workload is next to what our contract says side by side to
make decisions from.
Section 4: Future Service Recommendations
What can we do in the future? Taking what we know so far, Bostrom looked at what nearby
agencies are doing, looking specifically at similarly-sized cities within the metro area, either
geographically or by population. Bostrom said this was interesting to him because the
geographical size of Falcon Heights is 2.2. But, when you look at how much police are
actually responsible for, for policing services, and you take away the State Fair and you take
away the University of Minnesota’s property, you have one square mile. That’s what the
citizens are asking for you to protect. Next, he looked at similar costs and the services that
particular city was receiving at that cost. Finally, Bostrom looked into what the City really
needs for services
Section 5: Task Force on Inclusion and Policing
Bostrom looked at City Task Force recommendations since 2017 and looked into how many
of them we have accomplished. Is there still work needing to be done and if so, is there
something we should be thinking about as we continue our policing services? To the best of
Bostrom’s ability, he looked at that and highlighted our opportunities to align
recommendations. Taking what we learned and from the recommendations from the
community in 2016 and 2017, came three big things. The first was a preamble. Who are we
as a community? In 2017, the Council adopted part of that statement as the Culture and
Values. Within the Culture and Values there’s four main sections: anti-discrimination
culture, respect for life, community values and anti-profiling. That became fundamental to
everything that happened after that. If you take the Culture and Values statement, you can
see that if you have honest people, who are courageous leaders, showing respect and
providing selfless service, you will have a culture of anti-discrimination; they will respect
life, they will share your community values and it’s not in their nature to profile. So, the
community actually gave us a pathway to move toward and measure what was hoped for in
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2017. Part of the discussion was a statement of values that was approved back then. In that
statement of values for the City were the following attributes:
• Leadership
• Trust, transparency and accountability
• Equity, justice, and anti-discrimination
• Welcome and inclusion
• Awareness
• Courageous action
• Safety
Bostrom said if he went back to what the community talked about and said caused the trust
in the police, this (above) will sound familiar.
Bostrom said there were four main components of policing recommendations from 2017.
• Police-Community Relationships (mutual trust)
• Training and Capacity (cultural competency)
• Data and Transparency (open communication)
• Priorities for Policing Activity (respect for all)
Bostrom said that the feedback that was provided in 2017 and in 2023 point to one another.
It’s a unique opportunity to look back to the goals and recommendations back in 2017 and
then bring it together with what the community feels generates trust.
Councilmember Wehyee pointed out that he was critical early on but he’s delighted with the
results and is very impressed with the outcome. Wehyee feels residents have been greatly
served by Mr. Bostrom.
Councilmember Wassenberg appreciated the transparency and the mechanism for how
Bostrom can take the values and recommendations from the community and put them into
measurable elements within a contract to help ensure their fulfillment.
Councilmember Leehy said that Bostrom has made things tangible for them. She thanked
him for his time and thoroughness.
Mayor Gustafson thanked Bostrom for generating the community input again and explained
how he co-chaired the task force in 2017. From the 2017 values that were established and
through the work of the community, we got the 2018 City of Excellence Award; this is a
continuation of that.
City Administrator Linehan reminded the Council that they will discuss this later as the final
approval after the Ruggles public hearing.
E. APPROVAL OF MINUTES:
1. February 22, 2023 Regular Meeting Agenda
2. March 8, 2023 Regular Meeting Agenda
Mayor Gustafson explained that the March
8th meeting did not have quorum but they
were still able to receive a presentation on
the annual fire services report by the St.
Paul Fire Deputy Chief.
Councilmember Leehy motions to
approve the minutes; approved 5-0
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F. PUBLIC HEARINGS:
1. Ruggles Pathway Easement Vacation
City Administrator Linehan stated he will give a history on the topic and then says that Stephanie
Smith, Interim City Engineer will provide a brief presentation. He said,
“Thank you, Mayor and City Council.
Before we open the public hearing, staff will briefly go over the history of the topic and then
Interim City Engineer Stephanie Smith will provide a brief presentation on the proposal.
The Ruggles Pathway easement was originally dedicated in the Barthel Villas subdivision
plat, adopted in 1947. Reading through early minutes at the time, it was a compromise by
the developer to meet the City’s requirement of maintaining the city block structure. The
City did not have intentions to maintain the full easement to allow for the eventual cut
through of Ruggles Avenue at that time as a through street.
In 1960, homeowners adjacent to the path petitioned the City Council to abandon the
easement. Issues cited were concerns of crime, “peeping toms”, and dog waste being thrown
in to yards. The City Council voted against vacating the easement. In 1966 a second petition
was received, this time instigated by concerns over motor bikes being used on the pathway.
This also was denied, with the City agreeing at the time to install posts preventing motor
vehicles and signage as such.
In 2008, the City was notified by our contracted Roseville Engineers that the pathway was
not compliant with the provisions in ADA, specifically the U.S. Access Boards updated
Public Rights-of-Way Accessibility Guidelines that requires all government units to upgrade
“pedestrian circulation paths”. Then City Administrator Justin Miller sent a letter to the four
adjacent property owners, indicating the City’s intent to pave the pathway. Neighbors
opposed the proposal, and it was determined it would be tabled until Ruggles Avenue
would be repaved, which would save on the costs of paving the pathway.
Ruggles Avenue is included in the City’s 2023 Pavement Management Program, or PMP, for
repaving. Beginning in early 2022, the City hosted a series of open houses and community
meetings on the 2023 PMP including the Ruggles Pathway. The City initially included in
plans the proposal to pave the Ruggles Pathway to comply with the ADA guidelines, and
later revising the proposals to include drainage improvements. The City agreed to begin
maintaining the pathway in the event we paved it, including snow removal during the
winter to meet ADA requirements. All mowing and maintenance of the pathway is currently
done by the adjacent neighbors. This is similar to the requirement of residents being
responsible for mowing their boulevards, which is adjacent right-of-way.
The following meetings occurred leading up to tonight’s public hearing:
1) April 5, 2022 – City hosted an open house at Falcon Heights Elementary on the 2023
Pavement Management Program (PMP).
2) July 20, 2022 – City hosted a second open house at FHE on the 2023 PMP and had a
board for residents to comment on the Ruggles Pathway.
3) October 5, 2022 – City hosted a third open house, this time at City Hall, and the 2023
PMP semi-final plans were presented including options on Ruggles Pathway.
4) October 26, 2022 – City Council meeting discussing 2023 PMP and ordered a public
hearing on November 9th.
5) October 27, 2022 – Northeast Quadrant Neighborhood Liaisons organized a meeting
with myself and the closest neighbors to the pathway at Falcon Heights Church. It
was attended by approximately 25 neighbors, including all four adjacent neighbors.
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The group voted to unofficially to support the neighbors request for vacation of
easement.
6) November 2, 2022 – The City received a signed formal vacation of easement request
from all four adjacent property owners.
7) November 9, 2022 – Public Hearing for the 2023 PMP project. This public hearing
letter was sent to all residents on impacted streets in NE Quadrant. The public
hearing and presentation included discussion of vacation of right-of-way for Ruggles
Pathway. It was determined to table the issue to Spring to allow additional time to
study. It needs to be decided now with the approval of 2023 PMP plans tonight as it
will impact our bid documents and budget if included.
All motions of a public hearing are in the affirmative. The City Council tonight is requesting
public comment on the proposal to vacate the Ruggles pathway. The City Council’s
authority to vacate a dedicated right-of-way easement is prescribed in MN Statute Sec.
462.358, and further defined in 462.358 subd. 7. If tonight’s resolution is approved, the City
will record the vacation of easement with the Ramsey County Recorder’s Office. Once
recorded, the easement will be rescinded and the property will be returned to the neighbors,
who currently own the land under the easement. The decision to maintain the land as a
pathway will be up to the landowners.
I’ll now turn over the presentation to Interim Engineer Stephanie Smith.”
Stephanie Smith says that doing mill and overlay on Ruggles has brought the pathway question to
the surface. The pathway area connects from Pascal to Holton. Ruggles Pathway is an
unimproved surface. A curb cut was made so that you don’t have to step over the curb to get
through there but it still does not meet PROWAG requirements for surfacing or cross slope. What
we’re looking at tonight is the public hearing and proposal for vacation. The existing right of way
(ROW) is twelve feet and was platted originally with the surrounding area. This was discussed at
the November 9th improvement hearing, which was also a public hearing, allowing the neighbors
to comment. What was discussed at that hearing was whether to vacate or if there would be a
proposed improvement of this pathway to meet the Americans with Disabilities Act and bringing
it up to PROWAG standards. At that time, Council directed Staff to begin the vacation process,
taking a look at turning the right-of-way back to adjacent properties. If that is done, that would
eliminate the pathway as a public way.
The requested Council actions tonight are to hold the public hearing, read written comments from
residents and there’s option for action on the resolution.
Mayor Gustafson reads the following written comments from residents:
Irene and Art Kato from 1857 Holton Street-
We received a letter from the city of Falcon Heights regarding the vacation of the Ruggles
pathway. We were out of the state during February and was not aware of this being discussed at
the February 22nd council meeting. I am hoping you could let me know if I understand what the
proposed resolution is. It's hard to work around the formal "legal" wording. In a nutshell, does
this mean that the city has decided not to do anything with the pathway and leave it as it has been
since the properties were developed? And that if we, the adjacent property owners, choose to
maintain it as we have in the past that is fine and that no one would be liable for any incidents
since this would not be a designated "Walk" or pathway. Thank you in advance for your help in
interpreting this for us. I will not be able to go to the meeting on the 22nd, but we believe the City
Council is making a wise choice.
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Barbara Brokapp from 1849 Holton Street -
o I am writing to you today in regards to the proposed resolution for the vacation of the
Ruggles Pathway, right of way, (between Pascal Street and Holton Street).
o Right off the bat, I am for Pathway and against vacating it.
o The original issue was whether to pave the Pathway to meet ADA standards, however
now the question is whether to vacate it. I am wondering what has happened with the
original issue and why does the council want to vacate the Pathway?
o In 1947 the Barthel family “dedicated to the public and for the public use forever all the
roads and walks” as shown on Exhibit A which was included in the packet of papers I
received on the issue. At the time to plats were set up, the Pathway was in place. It was
an excellent decision and it needs to be honored.
o There has been contention in the past and petitions were filed in 1960 and 1966 by the
four families on the Pathway to vacate it, both times the petitions failed. In the minutes
from the July 6, 1966 Public Hearing meeting, Falcon Heights Trustee Warkentien
stated: “I think it has been demonstrated that the Walkway serves a useful purpose and
based on Minnesota Statutes, Laws of Minnesota Chapter 412.851which provides in part
no such vacation shall be made unless it appears for the interest of the public to do so”.
o The Pathway does serve a useful purpose to our neighborhood. It provides access to our
neighbors from the east to the west and to Falcon Heights Elementary School. It is a
lovely path where one can enjoy beautiful gardens, the majestic white pines, friendly
dogs and wonderful sunset vistas. An oasis. Vacating the Pathway would create a
barrier, a wall, cutting neighbors off from each other. Have you walked through the
Pathway on a nice summer day? Today you will need your ice skates!
o This decision affects the entire Northeast quadrant of Falcon Heights, not just the four
households on the Pathway.
o I recommend to pave and maintain the Pathway and let’s move on.
Mike Wilmes of 1847 Pascal Street-
o Mike Wilmes from 1847 Pascal. My wife and I agree with these comments.
o We would like the Ruggles path to be vacated by the city and to be maintained by the
property owners. We know all 4 property owners and trust that they will share the
maintenance of the passway. I don’t see how making this part of the city concrete is
beneficial to many people, leaving it as part of nature would be preferable.
o If it was concrete it would allow wheelchairs and perhaps some older people to navigate
the pathway, but I just don’t see that need. It is not very close to the school and they
would still need to traverse all the way down Holton.
o We vote keep it as a part of nature and hope the city would vacate the land.
o Thanks for listening, and thank you for your service to our city.
Jane Savage of 1880 Simpson Street-
o I have lived in the neighborhood since 1989 and strongly oppose changing the trail. It
has always been a charming piece of our area. My kids used the trail every day growing
up, and now I walk my dog through there every day. It always feels like a little bit of a
sanctuary amongst the paved roads. It is my understanding that the neighbors directly
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adjacent are also opposed to it being changed. I’m confident that you will take the wishes
of those most impacted into account.
Julie Dempsey of 1848 Pascal Street-
o Ruggles Walkway is part of the charm that drew us to buy a home in this
neighborhood. In nice weather we use it many times a week to get to the field to run,
play, & fly kites. En route my children and I explore pine cones, animal footprints, and
bunny poop. Ruggles Walkway is the only natural public space in the NorthEast
Quadrant. If the issue is the title "walkway", I suggest it be retitled as a "trail system"
segment or "green space". It should not be paved, nor vacated, and if it must be renamed
to keep it as is, so be it.
o Two quick asides:
1) I am concerned that paving the walkway would require removing mature
trees, or that it might kill them by damaging their roots.
2) When I needed to move quickly with my kids in a stroller, I did not expect
Ruggles Walkway to get us through without incident. The longer way around
was the smarter option, and that's OK.
o Thanks for your consideration.
Nathaniel Dempsey of 1848 Pascal Street-
o I am a resident on Pascal Street who is getting up to speed on a proposal to vacate
public land that many residents love using for walking between Pascal and Holton.
o The letter that was sent to residents doesn't address why this is a good idea, and I cannot
easily locate any information on the city website explaining why this is a good idea. So I
am reaching out to you directly to understand the reasoning.
o I appreciate any light you can shed on this. We are relatively new, and I'm not
understanding several items. In the absence of other information, I would respectfully ask
that you preserve the walkway as it is.
1) I'm hearing that this involves the ADA. The ADA is 33 years old. Even the
ADAAA is several years old now. Why the urgency to vacate? Why not instead
take some time to do meaningful community engagement on this? Is there a court
order or something time sensitive?
2) Why wasn't any information about the reason for proposing this in the letter to
property owners in the area?
3) Who is pushing for the city to vacate the land? Who doesn't like the walkway
as it is? Clearly residents use that walkway on a regular basis. This isn't an issue
of it not having any value. The city even redid the curb during the street
resurfacing project. The letter uses only passive voice, never identifying who
supports the proposal, and the public hearing notice doesn't say anything about
who is proposing this either.
4) How does this affect other parts of public land that are not paved? As a quick
example, my toddler and preschooler love running through the unpaved land in
community park between the playground and the adjoining private property to
the east. Why is it okay for that land to exist in its state, but not the Ruggles
walkway which exists in a similar condition?
5) Why can't it stay like it is? Or be designated some other designation like a
green space or park or something? There is nothing on the city's website that
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says anything about ADA, liability, or any concern or reason at all why there is
any benefit to changing anything. The public hearing notice plainly
acknowledges that this is currently a walk that is "dedicated to the public". The
Barthel Villas plat itself is the entity that dedicated the land to the public, right?
6) If the city vacates the land, will there be monetary compensation paid to
property owners in the area who would be deprived of a public right of way that
existed at the time of purchasing their property?
o While I realize this is a lengthy email to receive, if answers to these kinds of questions
had been included in communication with property owners or posted publicly on the
website, or if a lengthier community engagement process had been established, then it
would be much easier to understand the pros and cons of vacation of a public walk.
Mary Osmon of 1715 Arona Street-
o My name is Mary Osmon I live at 1715 Arona St. in Falcon Heights. I just wanted to take
a moment to express my opinion on the pathway on Ruggles. This piece of land is an
asset to our Falcon Heights community and should be maintained for use by all residents
of our community. As for the homeowners on either side of the pathway, this land has
always been there, and should not become part of their property, but should be kept, as
again, an asset to the community for the enrichment of all of our and our children lives
that live in Falcon Heights.
o I will not be able to attend the meeting on this topic but please do not take my “non-
appearance” as any sign that I do not have a strong conviction on this matter. Thank you
for your time.
Jeffrey and Annika Wills of 1905 Arona-
o We are in favor of finding a way to keep the Ruggles pathway in some way. Our reasons
are:
We are new to falcon heights and our child will be attending Falcon Heights
elementary. The route from our home to the school would lead our child through
there 2x daily. We are not in the bussing zone. If she did not take the Ruggles
pathway, she would need to go down to Garden to cross over and that is
currently not in a safe condition. Even with the proposed updates to Garden, I
would not feel comfortable sending her down there with the amount of traffic the
school peak times produce.
Depending on the surrounding neighbors (4 neighbors most impacted) thoughts,
I would like to hear if they have objections- have the neighbors using that path
been disrespectful of that space?
We are in favor of making the path ADA compliant so our friends and neighbors
who use those accommodations are able to enjoy that blissful path in the way we
do.
o If you could please send a recap on the conversation this evening, I would appreciate
that.
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Mayor Gustafson says those are the written comments that were received by the Council and he
would like to open the public hearing at this point, at 7:57 PM.
Councilmember Leehy asks for clarification on whether the Council is to respond to them.
Mayor Gustafson says they will not respond back and forth during a public hearing. If there are
questions asked of the Council, they will address those following the close of the public hearing
when it’s opened to Council action.
Sheri Langevin of 1865 Holton:
Langevin says that they are one of the adjacent property owners since 1998 and they are
vehemently opposed to any paving of the pathway. There’s beautiful flowers and mature trees
and they are all for preserving it, as it is. They strongly oppose taking away of what would be
green space.
Joon Kiaw Fong of 1864 Pascal Street N.:
In the past, she took care of the easement but received complaints from a passerby regarding dog
poop. She’s too old to work. For some years, Joon hand shoveled. Then, a neighbor got a tractor
and took over. But, last year, no one did it. Joon complained to Stephanie (Smith) that the City
needed to take responsibility.
Joon says that property belongs to them and not to the public. We pay property tax for it, we
suffer and they use it. Joon mentions how she has to remove poop before mowing, that her house
has been vandalized more than once and her house was egged.
Nathaniel Dempsey of 1848 Pascal Street-
Nathaniel shares that he submitted a written statement but was unsure if his family could make it
and if his letter would be read or not. He adds that he’s a newer resident on Pascal and that his
understanding is that this is an opportunity to say “yes” to green space, to open space, to
unimproved, undeveloped, unpaved, un-messed with land. What he’s a little confused with is
how to make that happen. If we vacate the dedication to public use, it’s no longer public, which
mean the future owners of that property determine what to do with it. That’s the beauty of private
property. But, the beauty in having a little bit of public property is that we can make collective
decisions about how best to do that. Why are there only two options? Why has this been framed
over the past year as either:
1). We have to do expensive ADA accommodations that destroy the green space.
2). Or, we have to vacate public use of the land. I reject that choice. I hope you have the
opportunity to both say vacating the property AND do something else about it.
Dempsey mentions that if there are issues those neighbors are facing by how the space is used,
let’s solve the problems.
Julie Dempsey of 1848 Pascal Street-
Dempsey acknowledges that the Council can’t answer questions now, but wonders if the Council
has considered anything beyond either vacating the property or paving the property. She feels
there’s room for creativity and problem-solving. A problem is not always a problem, a problem is
an opportunity to make something new.
Sara Bancroft of 1878 Pascal Street-
Bancroft states she’s sensitive to the adjacent property owners and wants them to feel like we’re
taking them into account. She doesn’t support paving the walkway but thinks we should keep it.
Mike Wilmes of 1847 Pascal Street-
Wilmes emailed the City but wanted to follow up. Wilmes says he’s getting a feeling that the
neighbors enjoy the space and would put in the work to help maintain it. Wilmes would like to
chat with those neighbors to see if they would be willing to keep this as a collective space. If we
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vacate the land, it becomes a bit of a risk. What if they move? Then, what happens? I am pro
keeping it as nature.
Laura Gerde of 1881 Holton Street-
Gerde lives just north of the pathway and gives a sincere thank you to the adjacent owners. She
uses the pathway and asks that we keep the pathway as-is. If the pathway is turned over to the
neighbors, she would appreciate it if they kept it open.
Paula Mielke of 1868 Arona Street-
Mielke asks the Council to clarify if the four adjacent properties pay property taxes on the
pathway.
Mayor Gustafson does three final calls for the public to speak. The public hearing is closed at 8:11.
At this time, Gustafson says the Council will address the questions that were raised as part of the
discussion. Mayor Gustafson asks, in regards to the four property owners that are paying
property taxes, “They’re not separately deeded pieces of land, is that correct?”
Administrator Linehan says that it’s largely correct. Essentially, it’s part of the four properties’
land total. Linehan explains that when we’re we talking about public land like a park, that’s
dedicated to the City; we’d have ownership, access and control. This is an easement, similar to a
utility easement that allows a utility company to go into your backyard by right. Technically, yes,
this would calculate into their property tax for the land versus a public-owned parcel.
Councilmember Wassenberg asks if the easement includes the ability to cross the land as it was
laid out in the original plat.
Administrator Linehan says that the walkway was installed as a compromise when the houses
were being built in the neighborhood and there were no plans to punch Ruggles through.
Mayor Gustafson asks if Ruggles was even platted as a street at the time of the plat.
Administrator Linehan says yes.
Mayor Gustafson asks for confirmation that at the time of that development Ruggles existed east
and west of the property.
Administrator Linehan says yes.
Interim Engineer Stephanie Smith adds that it specifically says on the plat that it is “walk,” which
speaks to what the rights are of the City to use that easement.
Mayor Gustafson addresses the next question brought up during the public hearing and asks
whether there is a choice other than to vacate or to pave. He says that he knows they talked about
this quite a bit at each one of the hearings and at each one of the community sessions at the school
and at City Hall. If the City were to establish a policy on the property or establish a walk and
maintain a walk, it would need to be at ADA standards. That’s just the law. If we were to not
have it at ADA standards, then that puts the City at risk of liability. Mayor Gustafson says that
this is his understanding from those various discussions over the past three years.
Administrator Linehan confirms this. As the easement currently stands, it does not meet the ADA
accessibility guidelines, or, as Stephanie mentioned, the PROWAG. The primary concern for this
walkway is the surface. It’s a grass surface that’s been worn down. Initial guidelines allowed for
the use of wood chips to meet ADA guidelines but that has shifted. You need to have a hard
surface. Generally, it must be planar and smooth. The answer is also that concrete or asphalt are
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not the only options. The City could do something like an aglime like we have at Community
Park. That does meet ADA. There are significant drawbacks of aglime. Aglime deteriorates over
time so it would go into their properties over time. It also creates a significant amount of dust
over time. We looked at that as an option but it doesn’t make sense that close to homes. We also
looked at permeable pavers and got pricing on that. Permeable pavers are a bit more expensive
but that could be an option that we could explore and include in the bid as well. Those are some
of the options we looked at.
Councilmember Wassenberg asks Linehan a clarification question to follow. “So, it’s not City
property, but City is still potentially liable?
Administrator Linehan says that this is correct because it’s a City easement.
Councilmember Wassenberg asks for confirmation that the City is responsible for what occurs
within easements.
Councilmember Leehy asks if it’s City and resident as far as easements are concerned.
Administrator Linehan says that Stephanie (Smith) might be able to speak more on this as it gets
into the legal, but the easement is over the property. Linehan gives the example of a tree falling
and hitting a car along a boulevard. In that case, it’s our tree and our liability even though there is
shared responsibility with the resident. The resident has to mow and maintain to a general
standard. If they don’t mow and there’s legal standing, the City could issue a violation to them.
Hopefully, that explains it. Yes, the City has responsibility and ownership over this but the
general liability would fall to the City; their attorneys would go to the City.
Interim City Engineer, Stephanie Smith, says that she believes that has more to do with it being a
public walkway rather than the land itself.
Councilmember Meyer wonders if there are other options here. For one, it doesn’t seem right that
the adjacent property owners have to pay taxes on it. Is there something within our power to
rezone it as a park so they don’t have to pay taxes for it and then we wouldn’t have this weird
hybrid, where it’s partially their land, but they can’t do anything for it, but they’re expected to
maintain it? It’s putting a lot on them and I feel that. Would rezoning that parcel be a possibility?
Administrator Linehan says that would be imminent domain. The City could take it over and take
ownership of it. Generally, that’s taking of property; there’s a lot of negative to the residents that
would be impacted by that. The City would have to pave it that way as well.
Councilmember Meyer says that they wouldn’t have to pay property tax on that area though and
asks what the negatives would be.
Administrator Linehan says that the area is calculated in their property taxes but it’s one of the
smallest portions. If the easement is lifted, their parcel lines would go towards the end of it. It’s a
minimal amount of property tax.
Councilmember Meyer asks if that small amount is along the lines of twenty or forty bucks a year,
for example.
Administrator Linehan says he can’t comment.
Mayor Gustafson gives an example of a vacated right of way he purchased that’s part of his
residence; it’s a small piece of land approximately 25 feet wide by 125 feet long and he pays $58
per year.
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Councilmember Wehyee says that he understands what the risk is to not do anything with the
easement but points out the pathway has been around for a long time and no violations have been
filed. So, why are we suddenly concerned? What’s the urgency?
Administrator Linehan says it’s a long story but it first came to the City’s attention as a possible
liability in 2008. It was documented and the idea at the time was to table it until the Ruggles
project took place. Originally, it was scheduled to be just a few years later. It’s been on
engineering’s radar to do the easement when Ruggles was done.
Councilmember Wehyee asks what the likelihood of ADA violating us would be since there’s a
history of them not doing so yet.
Administrator Linehan says we’re at about twelve years of non-compliance. We are also under
additional risk now that there’s been more attention placed on the pathway. ADA wouldn’t
necessarily come out, it would be disability advocates that would document it There’s also a
chance we’d go another thirty or forty years without being sued. Both are equal chances.
But, ADA is not just a law, it’s a fairness act for all. As a City, we have to consider accessibility for
all residents. We have to consider not only the law but the guiding principles of the Americans
With Disabilities Act and our support of the federal policy.
Councilmember Leehy says that it also seems that there was a change; we used to be able to put
woodchips down and we cannot do that now. The League of Women Voters also did a recent
study on being ADA compliant for our City, so it’s on the radar right now. As we want to be a
welcoming and inclusive City, it’s important to be mindful of these things. We need to keep
others in mind. We need to do something and can’t just leave it. Leehy says that she appreciates
neighbors’ willingness to help the four adjacent homeowners but gives the example of Northhome
neighbors, coming together to coordinate a plan for snow removal in their alley. It goes well for
about five years and then falls to one person to do it and becomes burdensome. This has become
burdensome for these four adjacent homeowners.
Councilmember Wassenberg says we are asked to do creative problem-solving and that we
haven’t answered all of the questions asked of the residents. One question was about ADA
compliance. Wassenberg says that accessibility isn’t something to strive for from just a legal
standpoint but from a moral standpoint as well. Is it the designation of the space that is the issue?
Would a “trail” not fall under ADA rules?
Administrator Linehan says that legal would have to advise. But, from his understanding, it’s not
just a definition. We could investigate further what it would require to change that but Linehan
hasn’t seen anything to say that it could be done.
Councilmember Wassenberg says he can’t reconcile two things in his mind. We’ve heard that the
trail maintenance and presence of the trail are a burden to the four adjacent property owners.
We’ve also heard people say that if the easement was turned over and the pathway vacated,
people feel that the adjacent property owners would still maintain the pathway, even though they
feel it’s a burden. Those two seem incongruent to me. It seems more likely that, given that it’s
expressed as a burden by the four adjacent property owners, that the trail would just go away if
the City vacates it. Wassenberg wonders if anyone else felt different.
Councilmember Leehy says that was her assumption as well.
Councilmember Wassenberg says we’ve heard from people that they trust the adjacent property
owners to keep the trail and that doesn’t seem likely.
Administrator Linehan adds a comment and says he did reach out to the City attorney. If the
property was turned over to the adjacent property owners and someone got injured, who would
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be responsible. It’s a long answer but they likely would. But, it also depends a bit on the use. If
someone walked into your backyard and broke their leg, you wouldn’t be liable in MN; it’s
different in every state. If a child trespassed and fell into your unguarded pool and drowned,
you’d be responsible because that’s an attractor to children. The second test is if it’s clear of what
the purpose of it is. The City would have to make it seem like it wasn’t a trail. But, there’s no
guarantee that the resident would be safe from a lawsuit. They wouldn’t be responsible for ADA
but could have some liability. They would need to check with their own insurance and attorney
on that.
Regarding the adjacent property owners keeping it as a pathway (if the City vacated the pathway),
Linehan says that if one of the four adjacent property owners came to City Hall and applied for a
fencing permit, if it met all of our definitions of it, it could be approved over the counter and they
could build a fence the next day.
Councilmember Wassenberg says that if the easement were vacated, then people would no longer
have the right to walk there because it’s private property.
Administrator Linehan says it would be private property but it would need to be made clear that
there’s no trespassing allowed and up to the homeowners in how they do that.
Councilmember Wehyee says that Administrator Linehan mentioned that it is a possibility to look
at how the pathway is designated and how that could impact its usability. Would voting to vacate
preclude the City from engaging in that research and then looking into other options that might be
out there.
Administrator Linehan says yes. If this resolution is passed, it would be recorded with the
Ramsey County Recorder’s Office. The odds I’d give it for finding another definition that would
not require ADA and paving is under 1%.
Interim City Engineer Stephanie Smith adds that that is in part to this being in an urban area.
This isn’t a natural area such as a forest where you could have different definitions.
Councilmember Wehyee asks for confirmation that a different definition would not make a
substantive difference.
Administrator Linehan says it’s looking at how you can legally dedicate a pathway as something
other than a pathway. Linehan says that he doesn’t know the answer but he’s also saying the odds
are very unlikely. Linehan states that the Council doesn’t have to approve the resolution tonight.
We have to approve the bids tonight; we have to get the construction project going. We could
include this an optional project. Linehan would have to ask attorneys if it would then require a
second public hearing and it could recycle the process for another month or two. I’ll leave that to
the Council.
Councilmember Wassenberg summarizes that it’s clear that the non-adjacent homeowners want
the trail to be maintained, they don’t want it paved and certainly not with concrete. Wassenberg
says they should consider other options such as crosshatch pavers or something like that.
Wassenberg says that he also reviewed the City’s Comprehensive Plan and we state that we are
going to seek to maintain and expand walkways, sidewalks and connections between and within
neighborhoods for foot traffic for lots of reasons, such as the health and wellbeing of our residents.
Councilmember Meyer wonders if there would be a possibility to have a neighborhood
organization and if that organization would have any legal standing to have the pathway vacated
to the organization.
Administrator Linehan says he doesn’t believe they could dedicate the easement under Minnesota
State Law.
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Councilmember Leehy asks if pavers are an option and wonders why they haven’t discussed those
previously.
Mayor Gustafson says they have talked about pavers but it was referred to as permeable surfaces.
Councilmember Leehy then asks if the maintenance cost of pavers is more than concrete.
Mayor Gustafson says yes.
Interim City Engineer Stephanie Smith says that at the improvement hearing on November 9th,
permeable pavers were included in the material costs and discussed as an option. The cost for
installing a permeable paver pathway was estimated at $55,000, which is $2,000 more than the
concrete estimate. That does not take into consideration the future maintenance of it, only the
construction of it. But, it would meet the ADA standards and the different surface may address
concerns for water runoff.
Mayor Gustafson states that permeable pavers are still a paved surface and he doesn’t think he’s
heard anyone during community comments say that they want a paved surface.
Councilmember Meyer says residents may not be aware of different options.
Mayor Gustafson points out that maintenance is more; there is a section of permeable pavement
outside of City Hall and it requires more maintenance.
Councilmember Leehy says they would need to hear from Public Works about the upkeep costs
because it has to be maintained throughout the winter as well.
Mayor Gustafson talks about tabling the discussion but then also states that a decision would have
to be made in two weeks.
Administrator Linehan says they did not include the specs for Ruggles path in the proposal with
the idea that it be vacated. If the vacation was approved tonight, we’d continue that path. If the
vacation was tabled or denied, we’d include that as an optional bid to get pricing. Linehan says he
isn’t sure if they’d need a second public hearing or not and the process takes over a month.
Linehan says the public hearing would likely be in May.
Councilmember Meyer says the pathway has been an asset for our community for 75 years and we
owe it to the community to take our time. He doesn’t want to rush into a mistake.
Councilmember Wassenberg says that residents probably learned a lot more about the options
tonight. And, although they have said they don’t want the path paved, I’d have to assume they’d
accept a paved pathway rather than no pathway.
Councilmember Wehyee says he thinks there are still lingering questions that he advises the
Administrator to get answers from the lawyers on and bring back to the Council. Yes, there are a
few residents interested in vacating, but there is an overwhelming amount of public support for
maintaining the pathway. The answer seems clear that we should keep this pathway in some
capacity. Wehyee says he’s in favor of tabling the discussion.
Mayor Gustafson says that the City has been kicking this down the road since at least 2008; we’ve
been working at this for a long time. It’s a tough thing to vote on but we’re going to have to make
a decision on this soon. We have to make a decision in two weeks. We can’t ignore it and we
can’t rely on the four residents to continue to maintain it.
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Councilmember Wassenberg says he agrees and they have the options before them. It’s either to
vacate the easement and have the path go away. Or, keep the path with some type of surface at a
cost to the City. I would be in favor of voting.
Mayor Gustafson says they will either put forth the resolution to vacate the pathway between
Pascal and Holton. If we vote to NOT vacate, we are voting to pave it, in essence. If we don’t
vacate it, we have to pave it. If we don’t pave it, we’re opening the City up to legal risk.
Administrator Linehan says the next step is a motion to approve, whether any of the Council
supports it. From there, three things could happen. One, the Council could approve the
resolution to vacate the property. Two, the majority of Council could vote against it. That would
cancel this process and the request to vacate would then end. Three, after a motion is introduced,
there could be a secondary motion to table the debate.
Councilmember Wehyee says he’s ready to vote.
Administrator Linehan says, as Stephanie pointed out as well, that any approval of a right of way
easement vacancy requires a 4/5 vote of the Council.
Councilmember Wehyee
motions to approve the Resolution for
the Vacation of Ruggles Pathway;
ROLL CALL TO APPROVE (to vacate):
GUSTAFSON_X___ LEEHY_X__ MEYER ___
WASSENBERG ____ WEHYEE____
Motion fails 2 to 3.
G. CONSENT AGENDA:
1. General Disbursements through 3/3/23: $75,645.95 and through 3/16/23: $1,348,755.95
Payroll through 2/28/23: $24,319.54 and through 3/15/23: $18, 773.71
Wire Payments through 2/28/23: $16,148.38 and through 3/15/23: $13,710.83
2. City License(s)
3. Amendments to the Mounds Park Academy Revenue Refunding Note Series 2014
4. Commission Assignment Adjustment
5. Joint Powers Agreement & Court Subscriber Amendment with the Bureau of Criminal
Apprehension
6. Met Council TBRA Grant Funds Release
7. Commonwealth Terrace Cooperative Indemnification Agreement
8. Minnesota Department of Recreation Outdoor Recreation Grant Application
9. Updated Ramsey County Polling Place Agreement
10. Surplus Property: Air Compressor for SCBA Units (Fire Equipment)
11. Appointment of Stephanie Skarolid to the Environment Commission
12. Authorization of Funds for Retirement Celebration
13. Pay Request 3-5 for Center for Values-Based Initiatives
14. Appointment of Elke van der Werff as Administrative & Communications Coordinator
15. 2022 Sanitary Sewer Lining Payment
16. Ramsey County Critical Corridors Pre-Development Planning Grant Application
Council Member Leehy motions to
approve the consent agenda;
approved 5-0
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Administrator Linehan comments that the large check for the 1.3 million includes the
$962,000 that is going to Buhl; it is a pass through of the Grant. Linehan thanks the Council
for the appointment of our new Administrative and Communications Coordinator. The City
did an extensive search and had fantastic applications but Elke was the perfect candidate.
Elke introduces herself and says she’s excited to get started. She thanks the Council.
Mayor Gustafson says that Councilmember Wehyee is going to switch over to the
Community Engagement Commission and he will switch to the Planning Commission.
H: POLICY ITEMS:
1. Approval of Center for Values-Based Initiatives’ Study
Mayor Gustafson says they saw the quick presentation and overview of the Center for
Values-Based Initiatives’ Study. He suggests taking a look at the full 112-page document.
Administrator Linehan reminds Council that they’ve done previous sessions, including
spending three and a half hours on it at the Council Retreat. We are seeking formal approval
from the Council tonight. It could be tabled if there were changes but I have not heard that.
Once approved, it will be published on our website.
Councilmember Leehy asks where it will be published on the website.
Administrator Linehan says it will be under our Law Enforcement section (under
Government and then Law Enforcement) and also under Residents (under Cultivating Our
Caring Community).
Councilmember Wassenberg motions
to approve the CVBI Study; approved
5-0
2. Law Enforcement Contract Discussion
Administrator Linehan says this is follow-up from this year’s retreat and the previous year’s
retreat. Linehan wants to make it clear that they don’t have issue with the Sheriff’s office or
the services the City receives. We are in a contract that could better suit our needs. The
discussion at this time is whether the City wishes to take the action, as outlined in the
contract. There is an action item outlined in the contract (Action C2) that allows either party
to notify the other in writing, nine calendar months prior to the end of the contract term. “If
either party is not approved a successor agreement at the end of the term, the County will
continue to provide law enforcement services in accordance with this agreement.”
The idea tonight is for the Council to provide direction if this is something they wish to
execute based on the findings on the contract study.
Mayor Gustafson says he will abstain from voting to avoid a conflict of interest since he is
employed by Ramsey County Sheriff.
Administrator Linehan just wants to make it clear that they aren’t deciding where they want
to go tonight; we don’t have those answers yet. This is the first required step if that is what
the City Council desires.
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Councilmember Wehyee wants the public to know that we got to this particular point
because law enforcement had told us they’ve been spread thin and to research alternatives.
Councilmember Meyer says all of Bostrom’s work, the community outreach and focus
groups have given us a really clear blueprint of what our community wants.
Administrator Linehan says that based on that, what we’d be seeking is a motion directing
the City Administrator to send a letter to Sheriff Fletcher and the six other contracted cities
by March 31st, notifying of our intent to execute C2 in our contract with the intent to explore
other police partners in 2024.
Councilmember Meyer motions to
approve the intent to execute Action
C2 in our contract to explore other
police partners in 2024; approved
4-0-1, with Mayor Gustafson
abstaining from the vote.
3. Accepting Plans Specifications and Ordering Advertisement for Bids for the 2023
Pavement Management Project
Mayor Gustafson says that we held this public hearing last year, had the initial assessment
hearing last fall and we put the funds into the capital budget. We need to approve these
plan’s specifications so we can get the bids in. Once the bids are in, then we can accept a bid
and start construction once school is out because it will have a major impact on Garden
Avenue. We did our last pavement management job in 2021 because we do them in the odd
years.
Councilmember Wassenberg wants to just get clarification that they are able to approve this
with the understanding that there could be an additional add on.
Administrator Linehan says that is correct. He is seeking three additional alternates that he’s
adding on to this motion. He will read them off, and if they make the motion, it’s assumed
by the Council that you support it with the three additional items.
Additional Items:
1. To include an additional bid for roadway striping. Engineering strongly
recommends we stripe. We’ve heard from residents that they don’t want a
stripe. It currently has a center line stripe that’s long disappeared to weathering.
It makes sense from an engineering perspective but there hasn’t been full input
yet. This will allow the Council to discuss it. Cost is $8,000.
2. To include a price quote for Ruggles Pathway with concrete pavement.
3. To include a price quote for Ruggles Pathway with permeable pavers.
Linehan says again, none of these commits us to doing these. It just gets us pricing as we go
out to bid. As soon as this is approved, then on Monday, engineering will release our bid to
contractors. They came in with their initial estimates from the primary feasibility study in
November and got updated numbers once they finalized the plans. Super minor. We come
back near the end of April with the final bids. We’ll approve it then. That’s enough time to
mobilize a contractor by June 8th or when school is out. The contractor would be required to
finish by the time the State Fair starts. The price went down a little bit from what we
initially anticipated in November. We’re hoping the bids will come in lower but it’s a market
where no one can estimate where the bids are going. It’s tough to determine.
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Councilmember Wassenberg wonders if the wording of Additional Item 3 above should be
stated as “permeable pavers” and wonders if it should just be stated as an “ADA-compliant
surface” to allow those submitting bids to make use of their knowledge and expertise. They
may be able to suggest a creative solution that we haven’t thought of.
Administrator Linehan asks if that should be added as a fourth item.
Councilmember Wassenberg says sure.
Administrator Linehan says that Item 4 will be to include alternative materials that are
ADA-compliant. He says that some contractors may choose to bid on the optional items or
not. The City could always hire the contractor with the lowest bid and then hire a third
party for the optional items.
Councilmember Wehyee motions to
approve the advertisement for bids
with four additional provisions
added; approved 5-0 .
4. Recommendation to Approve Final Survey for Division of an Existing Lot – Community
Park (2050 Roselawn Avenue)
Administrator Linehan says that it’s been a long process in the making; some might say
decades. This is the final step in the purchase of Community Park. The City is fully dividing
the parcel and there could be two separate addresses. We’ve modified our schedule per our
attorney’s advice. This is a preliminary and final review of the subdivision by the City
Council. Upon approval of this, we’ll be able to close with the University of Minnesota,
provided they agree with the ALTA survey. They may still have their own modifications
but that doesn’t impact accepting the survey and recording it by the City. The one part still
missing right now is that the dividing line is not the fence. A fence currently exists between
the two properties but it’s not linear, making it nearly impossible to write a legal description;
there is a reason most property lines are square or rectangular. So, the final part is that the
City will accept an agreement that we will maintain the woods north of the fence, even
though it’s not our property. We currently maintain the woods despite it not being our
property, so there’s no change to maintenance. What look like coordinates on the ALTA
survey are not coordinates. They are explaining the direction of the lines and the distance.
Councilmember Leehy motions to
approve the Final Survey for Division
of an Existing Lot-Community Park;
approved 5-0 .
I. INFORMATION/ANNOUNCEMENTS:
Councilmember Wassenberg has no announcements.
Councilmember Leehy says that she and the City Administrator attended the League of
Minnesota Cities’ City on the Hill Day. They were able to meet with our representatives and
have one-on-one time with them. They also had the opportunity to meet with other
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councilmembers and mayors, including Lauderdale. So, they got to know their neighbors a
bit more.
Councilmember Wehyee has no announcements.
Councilmember Meyer has no announcements.
Mayor Gustafson says he’s looking forward to his first meeting as liaison to the Planning
Commission. It brings him back full circle to what got him into City government. He thanks
everyone for last Saturday’s retreat. And, he reminds everyone to save the date of May 20th
for the Spring Together event at Curtiss Field.
Administrator Linehan mentions that we’ll have a public hearing on March 28th for the
Planning Commission. We have a petition from Buhl (the developer of Amber Union) to
develop a 650 square foot drive-through eating establishment. It’s a coffee shop drive-
through with outdoor seating but no indoor seating. It requires a couple of changes to code
to allow it to occur. Primarily, to change our definition of drive-through. Traditionally, the
City has only allowed drive-throughs at banking establishments. The petitioner is
requesting the code to be changed to allow an eating establishment to have a drive-through
if it’s attached to a PUD (Planned Unit Development). Amber Union is a PUD. It’s a
separate agreement that is spelled out in code. It’s fairly restrictive and not everyone can do
it; they have to have been approved as a PUD. It allows more scrutiny as every plan has to
go through the Planning Commission. The other requested change to code is to the
requirements for the time of drive-throughs. It’s currently 7:00 AM to 8:00 PM and they are
requesting a 6:00 AM start time. That information, including traffic study, plans, stormwater
management and the notice are all on our website as part of the agenda. Notice was in the
paper. This process has gone quickly; the applicant has gone quickly. We’re following our
timeline but our intent is not to take anyone by surprise.
Linehan then personally thanks the Council for recognizing Tim Pittman. Tim always goes
above and beyond to help someone and takes great care of the City. And, he thanks them
for appointing Elke to Staff.
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.
Nathaniel Dempsey of 1848 Pascal Street-
Dempsey thanks the Council for the substantive discussion tonight. On the law enforcement
discussion, Dempsey shares he’s grateful for the service that Ramsey County Sheriff has provided.
Dempsey then has a couple of questions since the public hearing closed. He wonders what the
ADA difference is between the easement between property lots like Ruggles and then boulevards
that the public has access to that aren’t paved anywhere. Why can’t we have natural areas in the
NE quadrant? Dempsey says there was a material misstatement listed in the 2023 PMP Feasibility
Report. On page 12, it specifically mentions land not on the tax roll currently. “A vacation process
would remove the City’s right of way easement over the property, turning back the property to
the underlying property at no cost to them. The property would then be available for their use
and enjoyment. The property would also then be returned to the tax roll.” The authors may not
have known about the tax details currently.
Dempsey said that all the previous conversation in the evening was whether the City vacate a
public easement. Either way, it doesn’t matter; people who use mobility devices will not have
paved access along that road. So, why can’t we have public access in that area that is unpaved?
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If our back-pocket option is to deny public access and make it private property, then no one with a
mobility impairment would have public right to that property anyway. Our only choice, if we’re
really centering people with disabilities, our only choice is making that ADA compliant.
K. ADJOURNMENT: 9:42 p.m.
Councilmember Wehyee motions to
adjourn; approved 5-0
_______________________________
Randall C. Gustafson, Mayor Dated this 22nd day of March, 2023 _________________________________
Jack Linehan, City Administrator
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BLANK PAGE
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Item General Disbursements, Payroll and Wire Payments
Description
General Disbursements through: 4/5/23 $1,105,894.71
Payroll through: 3/31/23 $20,018.95
Wire Payments through: 3/31/23 $14,197.97
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 April 12, 2023
Agenda Item Consent G1
Attachment General Disbursements. Payroll, and Wire Payments
Submitted By Roland Olson, Finance Director
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35
36
37
38
39
40
41
42
43
44
45
46
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BLANK PAGE
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Item Approval of City License(s)
Description
The following individuals/entities have applied for a Municipal Business
License for 2023. Staff have received the necessary documents for licensure.
1. Hamline Family Dental
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 April 12, 2023
Agenda Item Consent G2
Attachment N/A
Submitted By Kelly Nelson
Assistant to the City Administrator
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BLANK PAGE
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Item Appointment of Colin Callahan to the position of Interim Public Works Director
Description
Colin Callahan has accepted an interim position of Public Works Director after the
retirement of Public Works Director, Tim Pittman, on April 7th.
Colin started with the Falcon Heights Public Works Department in 2002 as a part-time employee. Over time, Colin has developed his skillset as an integral part of the department—from his ability as a plow driver to his knowledge of the city utility
systems. Colin is currently a Senior Public Works Worker. The Interim Public Works Director is an exempt, department head level position. As Interim Director, Colin will report directly to the City Administrator and be responsible for the day-to-day management of parks and public works functions.
As consideration for the additional responsibilities and the after-hour requirements of the position, Colin will have his salary increased to $85,280. In addition, a review will be conducted between three to six months in the interim role, at which point consideration would be made for the permanent title.
The Interim Public Works Director position start date is April 13th, 2023.
Budget Impact N/A
Attachment(s) • Resolution 23-30 Appointment of Colin Callahan to the interim position of Public Works Director
Action(s) Requested Staff recommend approval of attached resolution accepting the appointment of Colin Callahan to the interim position of Public Works Director for a period of three to six months, at which time, a review will be completed to determine opportunity for
permanent status of title and position.
Meeting Date April 12, 2023
Agenda Item Consent G3
Attachment Resolution 23-30
Submitted By Jack Linehan, City Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 12, 2023 No. 23-30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING COLIN CALLAHAN TO THE POSITION OF INTERIM PUBLIC WORKS DIRECTOR FOR THE CITY OF FALCON HEIGHTS WHEREAS, Tim Pittman submitted his letter of resignation with a last day of employment on April 7,
2023; WHEREAS, thereafter the position was offered to current employee Colin Callahan;
WHEREAS, the position was accepted by Colin Callahan; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Appoint Colin Callahan to the position of Interim Public Works Director, and 2. Authorize compensation of $85,280, and 3. The Interim title will be re-evaluated in three to six months, at the discretion of the City Administrator.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - -
Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MEYER Jack Linehan
WASSENBERG ____ Against City Administrator
LEEHY
WEHYEE
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BLANK PAGE
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Item Assistant to the City Administrator Kelly Nelson – Six Month Employee Step
Adjustment
Description
Kelly Nelson was appointed by the City Council as Assistant to the City
Administrator on September 28th, 2022 and began employment on October 3rd,
2022. It is the practice of the City after six months of service to reward the
employee with an increase in their base salary.
Budget Impact There are available funds for this increase.
Attachment(s) N/A
Action(s)
Requested
I recommend that the Falcon Heights City Council approve a 5% step
adjustment for Kelly Nelson effective April 3, 2023.
Meeting Date April 12, 2022
Agenda Item Consent G4
Attachment N/A
Submitted By Jack Linehan, City Administrator
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BLANK PAGE
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Item Resignation of Danny Locke from the Community Engagement Commission
Description
Danny Locke was appointed in April 2021 and has been a great addition to the
commission. Staff would like to thank Danny for his commitment and time
while wishing him well in future endeavors.
Budget Impact N/A
Attachment(s) • Resolution 23-31 Resignation of Danny Locke from CEC
Action(s)
Requested
Staff recommend approval of attached resolution, accepting the resignation of
Danny Locke from the Community Engagement Commission.
Meeting Date April 12, 2023
Agenda Item Consent G5
Attachment Resolution 23-31
Submitted By Kelly Nelson, Assistant to the City
Administrator
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
April 12, 2023 No. 23-31 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- -- - - - -
RESOLUTION ACCEPTING THE RESIGNATION OF DANNY LOCKE FROM THE FALCON HEIGHTS COMMUNITY ENGAGEMENT COMMISSION
WHEREAS, the City appointed Danny Locke as a member of the City of Falcon Heights Community Engagement Commission in 2021; and WHEREAS, on April 3, 2023 Mr. Locke communicated his intent to resign his duties from the
Commission effective immediately;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. That the resignation is accepted by the City Council of the City of Falcon Heights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator WEHYEE
WASSENBERG
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BLANK PAGE
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Item Amber Union TBRA – Amended Subordination Agreement
Description The City of Falcon Heights and Buhl GTA, LP received a grant from the
Metropolitan Council’s Tax Base Revitalization Account for the Amber Union
project at 1667 Snelling Avenue.
City Council approved Resolution 20-45 on October 14, 2020 which allowed
staff to apply for the grant. The City of Falcon Heights applied for the
application in shortly thereafter, and accepted the grant on March 24, 2021.
The City and Buhl GTA, LP (the developer of the Amber Union project) were
awarded a grant for environmental cleanup at the Amber Union property
(1667 Snelling Ave). These grant funds were dedicated to remediate asbestos
and other contamination associated with seventy-plus years of use at the site.
In May 2021, the City approved Resolution 21-26, which approved a Loan
Agreement that is secured by a mortgage agreement against the Buhl property,
together with a promissory note for repayment of the grant funds. This was at
the request of Buhl to maximize their funding strategy for the Amber Union
project. In the terms of the loan, Buhl is required to pay back the $962,200 to
the City after 41.5 years (2063), interest free. These funds are then returned to
the Met Council.
This amendment to the subordination agreement is part of Amber Union’s
required submission as part of project close. The City Attorney and Buhl GTA,
LLP’s attorneys worked on the documents and are ready for City Council
approval.
Budget Impact N/A
Attachment(s) •Exhibit 6 Subordination Agreements
Action(s)
Requested
Staff recommends a motion to accept the amendment and grant authority to
the Mayor and City Administrator to sign all documents related to the
amendment.
Meeting Date April 12, 2023
Agenda Item G6
Attachment Exhibit 6
Submitted By Jack Linehan, City Administrator
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ENVIRONMENTAL COVENANT AND EASEMENT
Preferred ID BF0001031
This Environmental Covenant and Easement (“Environmental Covenant”) is executed pursuant
to the Uniform Environmental Covenants Act, Minn. Stat. ch. 114E (“UECA”) in connection with an
environmental response project approved by the Minnesota Pollution Control Agency (“MPCA”).
1. Grantor and Property description.
A. Owner and legal description of Property.
Buhl GTA, LP is the fee owner of certain real property located at 1667 Snelling
Avenue North, Falcon Heights, in Ramsey County, State of Minnesota, with parcel identification
number(s) 212923110030, shown on Exhibit 1 and legally described in Exhibit 2 (hereinafter the
“Property”).
B. Grantor.
Buhl GTA, LP, a Minnesota limited partnership, is the Grantor of this
Environmental Covenant.
2. Grant of Covenant; Covenant runs with the land.
Grantor does hereby Covenant and Declare that the Property shall be subject to the
Activity and Use Limitations and associated terms and conditions set forth in this Environmental
Covenant including the Easement in Paragraph 9, and that these Activity and Use Limitations and
associated terms and conditions constitute covenants which run with the Property and which shall be
binding on Grantor, its heirs, successors and assigns, and on all present and future Owners of the
Property and all persons who now or hereafter hold any right, title or interest in the Property. An Owner
is bound by this Environmental Covenant during the time when the Owner holds fee title to the
Property. Any other person that holds any right, title or interest in or to the Property is bound by this
Environmental Covenant during the time the person holds the right, title or interest. An Owner ceases to
be bound by this Environmental Covenant when the Owner conveys fee title to another person, and any
other person that holds any right, title or interest in or to the Property ceases to be bound when the
person conveys the right, title or interest to another person.
3. Environmental Agency; Grantee and Holder of Environmental Covenant; acceptance of
interest in real Property.
A. Environmental agency.
The MPCA is the environmental agency with authority to approve this
Environmental Covenant under UECA.
B. Grantee and Holder; acceptance of interest in Property.
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The MPCA is the Grantee and Holder of the interest in real property conveyed
by this Environmental Covenant. MPCA has authority to acquire an interest in real property, including an
Environmental Covenant, under Minn. Stat. § 115B.17, subd. 15, as the MPCA determines necessary for
a response action related to hazardous substances, pollutants or contaminants. MPCA’s signature on
this Environmental Covenant constitutes approval of this Environmental Covenant under UECA and
acceptance of the interest in real property granted herein for purposes of Minn. Stat. § 115B.17, subd.
15.
4. Environmental response project.
The Property is the location of releases or threatened releases of hazardous substances,
pollutants, or contaminants that are addressed by an environmental response project under the MPCA
Voluntary Investigation and Cleanup (“VIC”) Program pursuant to Minn. Stat. § 115B.17, subd. 14. MPCA
has determined that an Environmental Covenant is needed for the Property because of the presence of
soil vapor contamination and the affirmative obligation to operate, monitor, and maintain the vapor
intrusion mitigation system in the Property building.
5. Statement of facts.
A. Facts about the release and response actions.
Prior environmental investigations identified that the Property had been
developed since 1940 for commercial uses that included automotive service and repair, fueling station,
and printing business operations. At the time of this covenant the Site is developed with two newly
renovated residential apartment buildings, the East Building and the West Building. The East Building
was four stories with a footprint of approximately 27,500 square feet with a basement level, while the
West Building was three stories with a footprint of approximately 20,800 square feet. The East and West
Buildings were connected by a second-level skyway and an underground tunnel.
Environmental investigations identified between 9 and 13 feet of fill soil with
little indication of contamination, except in the vicinity of two former fuel oil underground storage tank
(UST) basins. The fill soil was identified to be impacted by polycyclic aromatic hydrocarbons (PAHs) and
petroleum related compounds in excess of established regulatory criteria. Groundwater samples
analyzed from the Site did not detect concentrations of contaminants above regulatory criteria. Soil
vapor investigation at the Site identified concentrations of volatile organic compounds (VOCs)
tetrachloroethene (perchloroethylene, PCE) above 33X Residential Intrusion Screening Values (ISVs)
below the West Building and that a vapor intrusion area of concern was present; however, two seasonal
soil vapor events for the East Building concluded that a vapor intrusion area of concern was not present
below this part of the Property.
As a result of the detected Identified Release, a Response Action Plan and
Construction Contingency Plan (RAP/CCP) was prepared to address soil and soil vapor contamination
encountered during interior and limited exterior renovations to the Property. The RAP/CCP was
approved by the MPCA in a correspondence dated August 28, 2019. Implementation of the approved
RAP/CCP was completed between July 2021 and January 2023. Vapor Intrusion Mitigation System
Components were incorporated into the West Building in accordance with the VIMS design prepared by
Braun Intertec and dated January 5, 2021. System components included sub-slab vapor suction strips
and system conveyance piping. The system conveyance piping is routed to roof-mounted extraction fans
that run continuously and exhaust to the atmosphere above the roof of the West Building. Photographs
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showing parts of the system installation, a figure depicting the layout of the mitigation system and its
primary components are included in the Operations, Maintenance and Monitoring Plan for the
mitigation system which is part of this covenant as Exhibit 3. Details of the system components,
specifications, operation and maintenance information are also provided in Exhibit 3. Details regarding
the investigation and response actions can be found in the MPCA’s file for the TIES Buildings site, MPCA
Preferred ID BF0001031.
B. Facts constitute affidavit under Minn. Stat. § 115B.16, subd. 2
The facts stated in Paragraph 5.A. are stated under oath by the person signing
this Environmental Covenant on behalf of the Grantor, and are intended to satisfy the requirement of an
affidavit under Minn. Stat. § 115B.16, subd. 2. In the event of a material change in any facts stated in
Paragraph 5.A. requiring the recording of an additional affidavit under Minn. Stat. § 115B.16, subd. 2,
the additional affidavit may be made and recorded without amending this Environmental Covenant.
6. Definitions.
The terms used in this Environmental Covenant shall have the meanings given in UECA,
and in the Minnesota Environmental Response and Liability Act (“MERLA”), Minn. Stat. §115B.02. In
addition, the definitions in this Paragraph 6 apply to the terms used in this Environmental Covenant.
A. “Commissioner” means the Commissioner of the MPCA, the Commissioner’s
successor, or other person delegated by the Commissioner to act on behalf of the Commissioner.
B. “MPCA” means the Minnesota Pollution Control Agency, an agency of the State
of Minnesota, or its successor or assign under any governmental reorganization.
C. “Owner” means a person that holds fee title to the Property and is bound by
this Environmental Covenant as provided in Paragraph 2. When the Property is subject to a contract for
deed, both the contract for deed vendor and vendee are collectively considered the Owner.
D. “Political Subdivision” means the county, and the statutory or home rule charter
city or township, in which the Property is located.
E. “Property” means the real property described in Paragraph 1 of this
Environmental Covenant.
7. Activity and use limitations.
The following Activity and Use Limitations shall apply to the Property:
A. Use limitations.
There are no Use Limitations on the Property.
B. Activity limitations.
The following activities are prohibited on the Property except as provided in
Paragraph 8:
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Any demolition, redevelopment, or other Property activities that will disturb soil
on the Property require the preparation of a RAP/CCP governing the screening, testing, and
management of the soil, which must be submitted to the MPCA for review and approval.
There shall be no disturbance, removal, or interference with the operation of
any component of the vapor mitigation system within the Property building, as shown in Exhibit 3.
There shall be no disturbance, removal or interference with the pavement,
building slab, soil vertical buffers, etc. that provide a barrier to infiltration of precipitation and/or human
exposure to contamination without an MPCA-approved RAP/CCP.
C. Affirmative obligations of Owner.
The Activity and Use Limitations imposed under this Environmental Covenant
include the following affirmative covenants and obligations:
Owner shall maintain the integrity of pavements, building slab, established soil
buffers, etc. on the Property to prevent infiltration of precipitation and/or human exposure to potential
residual soil contamination.
Owner shall maintain the integrity of the building floors at the Property to
prevent intrusion of vapors into the building and disturbance of the sub-slab vapor mitigation system.
Owner shall operate, monitor, and maintain the vapor mitigation system in the
Property building(s), in accordance with the Operation and Maintenance (“O&M”) Plan set forth in
Exhibit 3.
8. Prior MPCA approval required for activities limited under Environmental Covenant.
A. Approval procedure.
Any activity subject to limitation under Paragraph 7.B. shall not occur without
the prior written approval of the Commissioner. The Commissioner’s approval may include conditions
which the Commissioner deems reasonable and necessary to protect public health or welfare or the
environment, including submission to and approval of a contingency plan for the activity. Within 60 days
after receipt of a written request for approval to engage in any activities subject to a limitation under
Paragraph 7.B., the MPCA shall respond, in writing, by approving such request, disapproving such
request, or requiring that additional information be provided. A lack of response from the Commissioner
shall not constitute approval by default or authorization to proceed with the proposed activity.
B. Emergency procedures.
Owner shall follow the procedures set forth in this Paragraph 8.B. when an
emergency requires immediate excavation affecting contaminated soil or other media at the Property or
in the Restricted Area(s) to repair utility lines or other infrastructure on the Property, or to respond to
other types of emergencies (e.g., fires, floods):
i. Notify the Minnesota Duty Officer, or successor officer, immediately of
obtaining knowledge of such emergency conditions; the current phone numbers for the Duty Officer are
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1-800-422-0798 (Greater Minnesota only); (651) 649-5451 (Twin Cities Metro Area and outside
Minnesota); fax (any location) (651) 296-2300 and TDD (651) 297-5353 or 800-627-3529.
ii. Assure that the persons carrying out the excavation limit the
disturbance of contaminated media to the minimum reasonably necessary to adequately respond to the
emergency;
iii. Assure that the persons carrying out the excavation prepare and
implement a site-specific health and safety plan for excavation and undertake precautions to minimize
exposure to workers, occupants and neighbors of the Property to contaminated media (e.g., provide
appropriate types of protective clothing for workers conducting the excavation, and establish
procedures for minimizing the dispersal of contaminated dust); and
iv. Assure preparation and implementation of a plan to restore the
Property to a level that protects public health and welfare and the environment. The plan must be
submitted to and approved by the MPCA prior to implementation of the plan, and a follow-up report
must be submitted to the MPCA after implementation so that the MPCA can determine whether
protection of the public health and welfare and the environment has been restored.
9. Easement; right of access to the Property.
Owner grants to the MPCA, the City of Falcon Heights, and Ramsey County an easement
to enter the Property from time to time, to inspect the Property and to evaluate compliance with the
Activity and Use Limitations set forth in Paragraph 7. In addition, for the purpose of evaluating
compliance, Owner grants to the MPCA the right to take samples of environmental media such as soil,
groundwater, surface water, soil vapor, and air, and to install, maintain and close borings, probes, wells
or other structures necessary to carry out the sampling.
Owner further grants to the MPCA an easement to enter the Property to operate, maintain and monitor
response actions on the Property connected to the MPCA-approved response action project, to take
further response actions deemed reasonable and necessary by the MPCA to protect public health and
welfare and the environment from the Identified Release of hazardous substances, and to dismantle and
close such response actions including closure of monitoring wells in accordance with State law and rules.
MPCA, the City of Falcon Heights, and Ramsey County, and their employees, agents,
contractors and subcontractors, may exercise the rights granted under this Paragraph 9 at reasonable
times and with reasonable notice to the then-current owner, in a manner that, to the extent possible,
minimizes interruption with the activities of the authorized occupants, conditioned only upon showing
identification or credentials by the persons seeking to exercise those rights. MPCA will be liable for
injury to or loss of property or personal injury or death caused by any act or omission of any employee
of the State of Minnesota in the performance of the work described above, under circumstances where
the State of Minnesota, if a private person, would be liable to the claimant, in accordance with Minn.
Stat. § 3.736.
10. Duration; amendment or termination of Environmental Covenant.
A. Duration of Environmental Covenant.
This environmental covenant is perpetual as provided in Minn. Stat. § 114E.40(a).
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B.Amendment or termination by consent.
i.This Environmental Covenant may be amended or terminated in writing
by the Owner and the MPCA. An amendment is binding on the Owner but does not affect any other
interest in the real Property unless the current owner of that interest has consented to the amendment
or agreed to waive its right to consent.
ii.The Grantor of this Environmental Covenant agrees that, upon
conveying fee title to the Property to any other person, the Grantor waives the right to consent to
amendment or termination of this Environmental Covenant.
C.Termination, reduction of burden, or modification by MPCA.
The MPCA may terminate, reduce the burden of, or modify this Environmental
Covenant as provided in Minn. Stat. § 114E.40.
11.Disclosure in Property conveyance instruments.
Notice of this Environmental Covenant, and the Activity and Use Limitations and
Affirmative Obligations set forth in Paragraph 7 and Compliance Reporting Requirements set forth in
Paragraphs 8, 18 and 19 of this Environmental Covenant, shall be incorporated in full or by reference
into all instruments conveying an interest in and/or a right to use the Property (e.g., easements,
mortgages, leases). The notice shall be substantially in the following form:
THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL COVENANT
UNDER MINN. STAT. CH. 114E, DATED _________, RECORDED IN THE OFFICIAL
PROPERTY RECORDS OF __________ COUNTY, MINNESOTA AS DOCUMENT NO.
_____________. THE ENVIRONMENTAL COVENANT INCLUDES THE FOLLOWING
ACTIVITY AND USE LIMITATIONS AND AFFIRMATIVE OBLIGATIONS:
The following activities are prohibited on the Property except as provided in Paragraph 8:
Any demolition, redevelopment, or other Property activities that will disturb soil on the Property require
the preparation of a RAP/CCP governing the screening, testing, and management of the soil, which must
be submitted to the MPCA for review and approval.
There shall be no disturbance, removal, or interference with the operation of any component of the
vapor mitigation system within the Property building, as shown in Exhibit 3.
There shall be no disturbance, removal or interference with the pavement, building slab, soil vertical
buffers, etc. that provide a barrier to infiltration of precipitation and/or human exposure to
contamination without an MPCA approved RAP/CCP.
The Activity and Use Limitations imposed under this Environmental Covenant include the following
affirmative covenants and obligations:
Owner shall maintain the integrity of pavements, building slab, established soil buffers, etc. on the
Property to prevent infiltration of precipitation and/or human exposure to potential residual soil
contamination.
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Owner shall maintain the integrity of the building floors at the Property to prevent intrusion of vapors
into the building and disturbance of the sub-slab vapor mitigation system.
Owner shall operate, monitor, and maintain the vapor mitigation system in the Property building(s),
in accordance with the Operation and Maintenance (“O&M”) Plan set forth in Exhibit 3.
12. Recording and notice of Environmental Covenant, amendments and termination.
A. The original Environmental Covenant.
Within 30 days after the MPCA executes and delivers to Grantor this
Environmental Covenant, the Grantor shall record this Environmental Covenant in the office of the
County Recorder or Registrar of Titles of Ramsey County.
B. Termination, amendment or modification.
Within 30 days after MPCA executes and delivers to Owner any termination,
amendment or modification of this Environmental Covenant, the Owner shall record the amendment,
modification, or notice of termination of this Environmental Covenant in the office of the County
Recorder or Registrar of Titles of Ramsey County.
C. Providing notice of covenant, termination, amendment or modification.
Within 30 days after recording this Environmental Covenant, the Grantor shall
transmit a copy of the Environmental Covenant in recorded form to:
i. each person that signed the covenant or their successor or assign;
ii. each person holding a recorded interest in the Property;
iii. each person in possession of the Property;
iv. the environmental officer of each political subdivision in which the
Property is located; and
v. any other person the environmental agency requires.
Within 30 days after recording a termination, amendment, or modification of
this Environmental Covenant, the Owner shall transmit a copy of the document in recorded form to the
persons listed in items i to v above.
13. Notices to Grantor and environmental agency.
A. Manner of giving notice.
Any notice required or permitted to be given under this Environmental
Covenant is given in accordance with this Environmental Covenant if it is placed in United States first
class mail postage prepaid; or deposited cost paid for delivery by a nationally recognized overnight
delivery service; or transmitted by electronic mail to instcontrols.pca@state.mn.us.
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B. Notices to the Grantor.
Notices to the Grantor shall be directed to:
Buhl GTA, LP c/o Buhl Investors, LLC
Attn: Harrison Mohagen and Peter Deanovic
5100 Eden Avenue, Suite 317
Edina, MN 55436
Phone: (612) 590-1643
Email: harry@buhlinvestors.com
C. Notices to MPCA.
All notices, including reports or other documents, required to be submitted to
the MPCA shall reference the MPCA Preferred ID. Email submittal is preferred.
Minnesota Pollution Control Agency
Remediation Division – Institutional Controls Coordinator
MPCA Preferred ID: BF0001031
520 Lafayette Road North
St. Paul, MN 55155
Email: instcontrols.pca@state.mn.us
14. Enforcement and compliance.
A. Civil action for injunction or equitable relief.
This Environmental Covenant may be enforced through a civil action for
injunctive or other equitable relief for any violation of any term or condition of this Environmental
Covenant, including violation of the Activity and Use Limitations under Paragraph 7 and denial of Right
of Access under Paragraph 9. Such an action may be brought by:
i. The MPCA;
ii. A political subdivision in which the Property is located;
iii. A person whose interest in the Property or whose collateral or liability
may be affected by the alleged violation of the covenant;
iv. A party to the covenant, including all holders; or
v. Any person to whom the covenant expressly grants power to enforce.
B. Additional rights of enforcement by MPCA.
In addition to its authority under subparagraph A of this Paragraph 14, the
MPCA may enforce this Environmental Covenant using any remedy or enforcement measure authorized
under UECA or other applicable law, including remedies pursuant to Minn. Stat. §§ 115.071, subds. 3 to
5, or 116.072.
C. No waiver of enforcement.
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Failure or delay in the enforcement of this Environmental Covenant shall not be
considered a waiver of the right to enforce, nor shall it bar any subsequent action to enforce, this
Environmental Covenant.
D. Former Owners and interest holders subject to enforcement.
Subject to any applicable statute of limitations, an Owner or other person
holding any right, title or interest in or to the Property, that violates this Environmental Covenant during
the time when the Owner or other person is bound by this Environmental Covenant remains subject to
enforcement with respect to that violation regardless of whether the Owner or other person has
subsequently conveyed the fee title, or other right, title or interest, to another person.
E. Other authorities of MPCA not affected.
Nothing in this Environmental Covenant affects MPCA’s authority to take or
require performance of response actions to address releases or threatened releases of hazardous
substances or pollutants or contaminants at or from the Property, or to enforce a consent order,
consent decree or other settlement agreement entered into by MPCA, or to rescind or modify a liability
assurance issued by MPCA, that addresses such response actions.
15. Administrative record.
Subject to the document retention policy of the MPCA, reports, correspondence and
other documents which support and explain the environmental response project for the Property are
maintained by the MPCA Brownfield Program at the MPCA’s office at 520 Lafayette Road N, St. Paul,
Minnesota in the file maintained for TIES Buildings, MPCA Preferred ID BF0001031.
16. Representations and warranties.
Grantor hereby represents and warrants to the MPCA and any other signatories to this
Environmental Covenant that, at the time of execution of this Environmental Covenant:
A. Every fee owner of the Property has been identified;
B. Grantor holds fee simple title to the Property which is subject to the interests
and encumbrances identified in Exhibit 4.
C. Grantor has authority to grant the rights and interests and carry out the
obligations provided in this Environmental Covenant;
D. Nothing in this Environmental Covenant materially violates, contravenes, or
constitutes a default under any agreement, document or instrument that is binding upon the Grantor.
E. Except as otherwise directed by MPCA, Grantor has obtained, from each person
holding an interest and encumbrance in the Property identified in Exhibit 4, a Subordination Agreement,
or other agreement satisfactory to the Commissioner, assuring that such person is bound by this
Environmental Covenant and that this Environmental Covenant shall survive any foreclosure or other
action to enforce the interest. Such an agreement may include a waiver of that person’s right to consent
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to any amendment of this Environmental Covenant. Executed agreements by such persons are included
in Exhibit 5 of this Environmental Covenant.
17. Governing law.
This Environmental Covenant shall be governed by and interpreted in accordance with
the laws of the State of Minnesota.
18. Compliance reporting.
The Owner shall submit to MPCA on an annual basis a written report confirming
compliance with the Activity and Use Limitations and Affirmative Obligations provided in Paragraph 7
and summarizing any actions taken pursuant to Paragraph 8 of this Environmental Covenant. Reports
shall be submitted on the first July 1 that occurs at least six months after the effective date of this
Environmental Covenant, and on each succeeding July 1 thereafter.
Owner shall notify the MPCA as soon as possible of any actions or conditions that would
constitute a breach of the Activity and Use Limitations in Paragraph 7.
19. Notice of conveyance of interest in Property.
Owner shall provide written notice to MPCA within 30 days after any conveyance of fee
title to the Property or any portion of the Property. The notice shall identify the name and contact
information of the new Owner, and the portion of the Property conveyed to that Owner.
20. Severability.
In the event that any provision of this Environmental Covenant is held by a court to be
unenforceable, the other provisions of this Environmental Covenant shall remain valid and enforceable.
21. Effective date.
This Environmental Covenant is effective on the date of acknowledgement of the
signature of the MPCA.
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THE UNDERSIGNED REPRESENTATIVE OF THE GRANTOR REPRESENTS AND CERTIFIES THAT THEY ARE
AUTHORIZED TO EXECUTE THIS ENVIRONMENTAL COVENANT
IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN EXECUTED ON THE DATES INDICATED BELOW:
FOR THE GRANTOR:
BUHL GTA, LP
BY: BUHL GTA GP, LLC
ITS: GENERAL PARTNER
By____________________________________________________
(Signature of Grantor)
Peter Deanovic
Chief Executive Officer
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On _____________, 2023, this instrument was acknowledged before me, and the facts stated
herein were affirmed by Peter Deanovic, Chief Executive Officer of Buhl GTA GP, LLC, a Minnesota limited
liability company, the General Partner of Buhl GTA, LP, a Minnesota limited partnership, on behalf of Buhl
GTA, LP, a Minnesota limited partnership.
_______________________________ (signature)
Notary Public
My Commission Expires __________
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FOR THE ENVIRONMENTAL AGENCY AND HOLDER:
MINNESOTA POLLUTION CONTROL AGENCY
By__________________________________________________________ (signature)
Thomas Higgins, Manager
Site Remediation and Redevelopment Section
Remediation Division
Delegate of the Commissioner of the
Minnesota Pollution Control Agency
Or
NAME PENDING, Manager
Petroleum Remediation Section
Remediation Division
Delegate of the Commissioner of the
Minnesota Pollution Control Agency
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
This instrument was acknowledged before me on ______________________, 2023, by Select
name of MPCA representative Thomas Higgins, Manager of the Site Remediation and Redevelopment
Section OR [Name Pending], Manager of the Petroleum Remediation Section of the Remediation
Division, and a Delegate of the Commissioner of the Minnesota Pollution Control Agency, on behalf of
the Minnesota Pollution Control Agency.
_______________________________ (signature)
Notary Public
My Commission Expires ___________
THIS INSTRUMENT WAS DRAFTED BY
AND WHEN RECORDED RETURN TO:
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EXHIBIT 6
SUBORDINATION OF INTEREST TO ENVIRONMENTAL COVENANT AND EASEMENT 1. The City of Falcon Heights, a municipal corporation under the laws of Minnesota,
is the holder of an interest in certain real property located at 1667 Snelling Avenue North in
Falcon Heights, Ramsey County, Minnesota (hereinafter the “Property”), which is legally described as follows: Real property in the City of Falcon Heights, County of Ramsey, State of
Minnesota, described as follows:
Parcel 1:
That part of the West 133.00 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 21, Township 29, Range 23, which lies South of the North 318.00 feet thereof and which lies North of the South 330.00 feet.
(Torrens Property-Certificate of Title No. 628491)
Parcel 2:
The Westerly 133 feet of the Northerly 318 feet excepting therefrom that part taken for Larpenteur Avenue, of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter, Section 21, Township 29, Range 23, Ramsey County,
Minnesota.
(Abstract Property)
Parcel 3:
The North Half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter, except the West 133 feet thereof, in Section 21, Township 29, Range 23,
Ramsey County, Minnesota, except that part taken for Snelling and Larpenteur
Avenues.
(Abstract Property)
Parcel 4:
Parking easements and ingress/egress easements as described in that Easement
Agreement (Parking and Ingress/Egress) dated July 1, 2021 by and between Buhl
Larpenteur West, LLC and Buhl GTA, LP, recorded June 30, 2021, as Document No. T02704513.
Parcel 5:
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Encroachment, Use, and Maintenance Agreement (Parking Improvements) dated
June 24, 2021 by and between the City of Falcon Heights, Buhl GTA, LP, Buhl
GTA GP, LLC, and Peter Deanovic, recorded June 30, 2021, as Document No. T02704512 (Torrens) and July 12, 2021, as Document No. A04894906 (Abstract).
Parcel 6:
Green space easement in Encroachment, Use, and Maintenance Agreement
(Green Space) dated June 24, 2021 by and between the City of Falcon Heights,
Buhl GTA, LP, Buhl GTA GP, LLC, and Peter Deanovic, recorded June 30, 2021, as Document No. T02704511 (Torrens) and July 12, 2021, as Document No. A04894905 (Abstract).
2. The interest in the Property held by the City of Falcon Heights is evidenced by the
Mortgage ($962,200 TBRA Loan) dated July 8, 2021 and filed July 8, 2021, as Document Number T02705286 in the Office of the Registrar of Titles in and for Ramsey County, Minnesota, and filed July 8, 2021 as Document Number A04894527 in the Office of the County Recorded of Ramsey County, Minnesota.
3. This Subordination Agreement is attached as Exhibit 6 to an Environmental Covenant and Easement pursuant to Minn. Stat. ch. 114E which imposes certain Activity and Use Restrictions on the Property.
4. The City of Falcon Heights hereby consents to the foregoing Environmental
Covenant, agrees to be bound by the terms thereof, and agrees that its interest in the Property shall be subordinate to the covenants contained therein. 5. In granting this consent, the City of Falcon Heights hereby does not waive the
right to consent to any subsequent amendment or modification of the foregoing Environmental
Covenant. 6. This Agreement binds the City of Falcon Heights, its heirs, successors, and assigns.
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THE UNDERSIGNED REPRESENTATIVE OF THE CITY OF FALCON HEIGHTS
REPRESENTS AND CERTIFIES THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS
SUBORDINATION OF INTEREST TO ENVIRONMENTAL COVENANT. IN WITNESS WHEREOF THIS INSTRUMENT HAS BEEN EXECUTED ON THE DATE INDICATED BELOW:
CITY OF FALCON HEIGHTS, a municipal corporation under the laws of Minnesota
By______________________________________ (signature) Randall Gustafson Mayor
City of Falcon Heights
By______________________________________ (signature)
Jack Linehan City Administrator/Clerk City of Falcon Heights
State of Minnesota ) ) ss. County of Ramsey )
The foregoing instrument was acknowledged before me on _______________, 2023, by Randall Gustafson and by Jack Linehan, the Mayor and City Administrator/Clerk of the City of Falcon Heights.
________________________ (signature) Notary Public My Commissioner Expires ___________
25910127v1
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BLANK PAGE
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Item Payment to Ramsey County for 2022 Cleveland Avenue Project
Description
Ramsey County has been planning the reconstruction of Cleveland Avenue
from Larpenteur Avenue to Como Avenue since 2019. It is a Ramsey County-
owned road with Falcon Heights on one side (almost entirely University of
Minnesota property), and St. Paul on the other.
In April 2022, Ramsey County and the City of Falcon Heights entered in to a right-of-way acquisition agreement for Cleveland Avenue.
It was agreed that:
• Ramsey County would require temporary and permanent easements
from the U of M for the project, and would pay assessed value for the
work.
• Ramsey County would bill 50% the costs of these easements and the
construction costs to the municipality, with easement costs for U of M
property going to Falcon Heights as well as a portion of construction
costs.
• Falcon Heights would then bill the U of M for all costs incurred for the
project except for easement costs paid to the Ramsey County Historical
Society, which would not be eligible for recapture.
In October 2022, Ramsey County sent invoice #019902 for $684,062.68. It was requested at that time to have Ramsey County send all remaining invoices through 2022 to the City. Ramsey County revised estimates for 2022 totaling $1,035,778.11. Of this total, $6,900 for the Ramsey County Historical Society (RCHS) is not recapturable. The City in turn invoiced the University of Minnesota with invoice #23-
04 for a total of $1,028,878.11, or the total invoiced by Ramsey County minus the RCHS amount. The City received this payment from the U of M in late March. The net total to the City will be $6,900 for the Gibbs Farm portion of the project. Budget Impact $6,900 will come from Infrastructure Capital 419. $15,000 was budgeted in 2022
for this request.
Attachment(s) • Ramsey County ROW Acquisition Agreement and Attachments
Meeting Date April 12, 2023
Agenda Item G7
Attachment Cleveland Avenue Construction
Agreement and Attachments
Submitted By Jack Linehan, City Administrator
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• Ramsey County Invoice PUBW-019902
• Ramsey County Invoice PUBW-020068
• Ramsey County Invoice PUWB-020069
• City of Falcon Heights Invoice 23-03
Action(s)
Requested
Staff recommends a motion accept authorize payment to Ramsey County for a
total amount of $1,028,878.11.
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Agreement PUBW2020-07R
RAMSEY COUNTY COOPERATIVE AGREEMENT WITH THE CITY OF FALCON HEIGHTS FOR Right of Way Acquisition for County State Aid Highway 46 (Cleveland Avenue)
From Como Avenue to Larpenteur Avenue and County State Aid Highway 30 (Larpenteur Avenue) From Cleveland Avenue to Gortner Avenue County State Aid Project 062-646-033 and 062-630-672
Municipal State Aid Project 124-020-006 Total Estimated Right of Way Acquisition Cost: $1,471,502.00 City of Falcon Heights Estimated Cost: $735,751.00
Attachments: A- Acquisition Estimate B- Right of Way Layout
This Agreement is between the City of Falcon Heights, a municipal corporation ("City") and Ramsey County, a political subdivision of the State of Minnesota, ("County") for Right of Way Acquisition. This agreement relates to the reconstruction of County State Aid Highway (CSAH) 46 (Cleveland Avenue) from Como Avenue to Larpenteur Avenue and retaining wall reconstruction on Larpenteur from Cleveland Avenue to Gortner Avenue
(“Project”). WHEREAS, the City of Falcon Heights (City) and Ramsey County (County) desire to reconstruct Cleveland Avenue between Como Avenue to Larpenteur Avenue and reconstruct a retaining wall on Larpenteur from Cleveland Avenue to Gortner Avenue and
make certain improvements associated with said reconstruction; and WHEREAS, the Project is identified in Ramsey County’s 2020 – 2024 Transportation Improvement Program, and
WHEREAS, Cleveland Avenue, in the area affected by construction, is designated County State Aid Highway 46 and Larpenteur Avenue in the area affected by retaining wall construction is designated County State Aid Highway 30, and is located in the City; and WHEREAS, the reconstruction requires right of way (“ROW”) acquisition; and
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WHEREAS, the project has been designated for funding by the Minnesota Department of Transportation (“MnDOT”) as eligible for County State Aid Highway (“CSAH”) funds, and, Municipal State Aid System (“MSAS”) funds, and
WHEREAS, the Project has been designated as County State Aid Project 062-646-033, 062-630-672 and Municipal State Aid Project 124-020-006, a WHEREAS, plans for the Project showing proposed ROW acquisition and estimated costs
of said acquisition according to the County and City share are included herein as
attachments, NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
AGREEMENT
1. Responsibility for the Right of Way Plan and Acquisition 1.1. The County will prepare a right of way acquisition plan showing easements and
other property interests required for construction of the Project in accordance
with Mn/DOT State Aid standards. 1.2. The County will acquire the proposed easements and ROW in accordance with Mn/DOT State Aid requirements.
2. Procurement and Award of Contract
2.1. The County will purchase ROW acquisition services and appraisal services in accordance with State law and County procedures. 3. Project Costs
3.1. Except as provided herein, the County and City will participate in the costs of ROW acquisition in accordance with the Ramsey County Cost Participation Policy and approved in the 2020 – 2024 Ramsey County Transportation Improvement Plan. If there is a conflict between the Cost Participation Policy and this Agreement, this Agreement shall prevail.
3.2. ROW Acquisition Costs 3.2.1. ROW acquisition costs including payment to owners, relocation assistance, and other related costs of acquiring ROW for the Project will
be shared 50% by the County and 50% by the City. 3.2.2. The County will not be responsible for assessments, fees, or fines, associated with owning property acquired for the Project. If the City
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imposes assessments, fees, or fines, the County will pay those costs and the City will reimburse the County for those costs.
3.2.3. The County will pay 100% of County staff time for ROW acquisition.
4. Payment Schedule
4.1. ROW acquisition costs and payments will be invoiced monthly. 4.2. Payment will be made within 30 days of receipt of an invoice. 5. ROW acquired under this Agreement will be owned and maintained by the
County. 6. The City grants the County temporary construction easements over all City owned ROW and property within the limits of the Project for use during construction at no cost to the County.
7. The City and County shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the indemnified party, its officials, agents, or employees may
hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on
liability.
8. This Agreement shall remain in full force and effect until terminated by written mutual agreement of the parties.
THE REMAINDER OF THIS PAGE IN INTENTIALLY BLANK.
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CITY OF Falcon Heights, MINNESOTA By: _______________________________ Date: ______________________ Mayor
By: _______________________________ Date:_______________________ Director of Public Works
Approved as to Form:
By: _______________________________ Date: ______________________ City Attorney
Approved by the Office of Financial Services:
By: _______________________________ Date: ______________________ Its: _______________________________
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RAMSEY COUNTY, MINNESOTA
_________________________________ Date: ____________________________ Ryan T. O’Connor, County Manager
Approval recommended: _________________________________ Date:_____________________________ Ted Schoenecker, Director
Public Works Department
Approved as to form: _________________________________ Date:___________________________ Assistant County Attorney
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RAMSEY COUNTY
Public Works
Please Remit To: Ramsey County 90 Plato Blvd W PO Box 64097 St Paul MN 55164-0097 USA
Bill To: FALCON HEIGHTS CITY OF 2077 W LARPENTEUR AVE FALCON HEIGHTS MN 55113 United States
INVOICE
Invoice Number: Invoice Date:
Page:
Customer Number: Payment Terms:
Due Date:
AMOUNT DUE:
PUBW-020068 12/31/22 1 of 1
020200
30 Days 1/30/23
261,612.78 USO
Amount Remitted
For billing questions, please call 651-266-7100
Line Identifier Description Quantity UOM Unit Amt AGREEMENT PUBW2020-05R RECONSTRUCTION OF CLEVELAND AVENUE BETWEEN COMO AND LARPENTEUR AVENUES AND LARPENTEUR AVENUE BETWEEN CLEVELAND AND GORTNER AVENUE
ENGINEERING AND RIGHT OF WAY COSTS BILLED SEPARATELY
1.00 EA CITY SHARE OF CONSTRUCTION COSTS INCURRED THROUGH DECEMBER 31, 2022 Subtotal:
Amount Due:
261,612.78
Please return the top portion of the invoice with your check payable to Ramsey County.
Ramsey County invoices may be paid online!
Please visit ramseycounty.us/Paylnvoices for more information.
Original
Net Amount
261,612.78
261,612.78
261,612.78
You will need your Customer Number and Invoice Number to complete your transaction.
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RAMSEY COUNTY
Public Works
Please Remit To: Ramsey County 90 Plato Blvd W PO Box 64097 St Paul MN 55164-0097 USA
Bill To: FALCON HEIGHTS CITY OF 2077 W LARPENTEUR AVE FALCON HEIGHTS MN 55113 United States
For billing questions, please call 651-266-7100
INVOICE
Invoice Number:
Invoice Date:
Page:
Customer Number:
Payment Terms:
Due Date:
AMOUNT DUE:
PUBW-020069 12/31/22
1 of 1
020200
30 Days 1/30/23
90,921.33 USD
Amount Remitted
Line Identifier Description Quantity UOM Unit Amt
2
AGREEMENT PUBW2020-05R RECONSTRUCTION OF CLEVELAND AVENUE BETWEEN COMO AND LARPENTEUR AVENUES AND LARPENTEUR AVENUE BETWEEN CLEVELAND AND GORTNER AVENUES
DESIGN ENGINEERING FEE 1.00 EA DESIGN ENGINEERING FEE 12% X $496,065.00
CONSTRUCTION ENGINEERING 1.00 EA CONSTRUCTION ENGINEERING THROUGH PAYMENT 5 TO FOREST LAKE CONTRACTING 12% X $261,612.78
Subtotal:
Amount Due:
59,527.80
31,393.53
Please return the top portion of the invoice with your check payable to Ramsey County.
Ramsey County invoices may be paid online!
Please visit ramseycounty.us/Paylnvoices for more information.
You will need your Customer Number and Invoice Number to complete your transaction.
Original
Net Amount
59,527.80
31,393.53
90,921.33
90,921.33
86
INVOICE
Invoice #
23‐04
Date:2/15/2023
Re:
Donhowe Building
319 15th Ave, Ste 451
Minneapolis, MN 55455
Date Amount
2/15/2023 Cleveland Avenue Reconstruction Agreement
Right‐of‐Way Acquisiton through 12/31/2023 $676,344.00
Cleveland Avenue Reconstruction Agreement
Construction Costs through 12/31/2023 $261,612.78
Cleveland Avenue Reconstruction Agreement
Engineering Costs through 12/31/2023 $90,921.33
$1,028,878.11
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113‐5594
Phone: (651) 792‐7600
Fax: (651) 792‐7610
Email: mail@falconheights.org
TO:
University of Minnesota
Attn: Assistant VP Leslie Krueger
Description
Falcon Heights, MN 55113‐5594
THANK YOU
TOTAL DUE
Payable within 30 days
Please remit payment and invoice to:
City of Falcon Heights
2077 W. Larpenteur Avenue
87
BLANK PAGE
88
Item Approval of Agreement with the Center for Value-Based Initiatives for Police Contract Consulting Services and Accompanying Budget Amendment
Description 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 RFP and CVBI proposal included an optional quote for assisting the City
with the solicitation of a new contract for law enforcement services. The
proposal included $15,000 to $21,000 as the cost. During negotiations and
discussions with the consultant, it was determined the $21,000 figure would be
required to fund the necessary travel and other incurred expenses that the
project will require.
Additionally, the City Administrator and CVBI negotiated a provision that the
consultant would be compensated on a performance commission basis in the
event they are able to secure an alternative law enforcement services provider
at a cost less than what the City is paying in 2023. The current cost of our law
enforcement services contract is $1,312,869.67. In the event the consultant is
able to secure a contract on the City’s behalf for less than this amount, they will
be compensated 5% of the savings or up-to a maximum of $25,000 additionally,
whichever is less. Additional language in the contract specifies that this would
also include the total cost of law enforcement provision in 2024 in the event
multiple contracts are secured, or the total cost of law enforcement in the event
Meeting Date April 12, 2023
Agenda Item Policy H1
Attachment Proposal
Submitted By Jack Linehan, City Administrator
89
services in part or whole were brought in-house. This allows creativity in the
contract and incentives CVBI to invest the time and energy to securing a new
law enforcement model that saves the City and taxpayers funds.
Budget Impact Funds were not budgeted for the optional CVBI service provision, as the City
was uncertain whether that would be the result of the study. As part of this
request, staff is requesting City Council authorization to amend the budget to
transfer $21,000 for General Fund Reserves towards this request.
Attachment(s) •Original Proposal from CVBI
•Resolution 23-32
Action(s)
Requested
Staff would recommend approval of the attached resolution to execute a
contract with the Center for Value-Based Initiatives and authorization to
amend the 2023 budget to transfer $21,000 from reserves towards this request.
90
Proposal Title: Police Contract Analysis and Consulting Services
Submitted to: City of Falcon Heights
Submitted by: Matt Bostrom, President
Date: July 25, 2022
Table of Contents
Letter of Transmittal .................................................................................................................................................... 2
Proposed Consultant’s Qualifications .......................................................................................................................... 3
Professional Background ....................................................................................................................................... 3
Description of Firm ................................................................................................................................................ 3
Scope of Services Offered ............................................................................................................................................ 4
Current Service Analysis ........................................................................................................................................ 4
Future Service Recommendations ........................................................................................................................ 5
Task Force Recommendations Implementation ................................................................................................... 6
References and Exemplary Projects ............................................................................................................................ 8
Additional Information .............................................................................................................................................. 10
Fee Schedule .............................................................................................................................................................. 11
Itemized Fee Schedule for Scope of Work Deliverables ..................................................................................... 11
Optional Services ................................................................................................................................................. 12
Appendix: Contractor Biography and Professional Vitae .......................................................................................... 13
91
Letter of Transmittal
City of Falcon Heights
Jack Linehan, City Administrator
2077 Larpenteur Avenue West
Falcon Heights, MN 55113
Dear Mr. Linehan,
I am delighted to respond to the Request for Qualifications – Police Contract Analysis and Consulting Services for
the City of Falcon Heights, Minnesota. This comprehensive project will focus on opportunities to increase
community/police trust through community engagement, fair treatment, transparent communication, respectful
attitudes, and operationalized shared values. This project will examine the current contract for policing services,
advise the city on future police staffing needs, and assess progress in the achievement of recommendations put
forth by the Task Force on Inclusion and Policing. I will also advise the City Council and Staff on the level of
satisfaction with historical and current police services by conducting community outreach to residents and
stakeholders.
I have a 20-year record of applying community policing theory to practice. My educational background includes a
Doctor of Philosophy (PhD) in Criminology from the University of Oxford in England, and the title of my
dissertation is: Increasing Police Trust Through Normative Alignment. I also hold a Doctor of Public Administration
(DPA) from Hamline University, and the title of my dissertation is: The Impact of Higher Education on Police
Officer Work Habits. My research on community policing and values-based law enforcement has been completed
in cooperation with the Centre for Criminology at the University Oxford, Hamline University, and the United States
Department of Justice.
My law enforcement experience spans a period of 34 years, including 15 years at the executive level as the City of
Saint Paul Coordinator of Emergency Preparedness, Assistant Chief of Police, and Ramsey County Sheriff. I was
twice honored with the Medal of Merit for Sheriff of the Year by the National Sheriffs’ Association. I have also
served as a consultant to the State of Minnesota – Department of Public Safety, Los Angeles County Sheriff’s
Department, Plano Police Department, as well as numerous nonprofit and community groups. For additional
information regarding my education and professional background, please see my biography and professional vitae
in the Appendix.
From family gatherings at my aunt’s home on Howell Street to my service as county sheriff and friendships with
current residents, I have a life-long connection with the City of Falcon Heights. It would be a privilege to work with
the City and implement a transformational model of assessing and selecting policing services.
Sincerely,
Matt Bostrom, PhD
President, Center For Values-Based Initiatives
1000 University Avenue West, Suite 222
Saint Paul, Minnesota 55104
matt@centerforvalues.com
651.775.3345
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Proposed Consultant’s Qualifications
Professional Background
I have a 20-year record of applying community policing theory to practice. My educational background includes a
Doctor of Philosophy (PhD) in Criminology from the University of Oxford in England, and the title of my
dissertation is: Increasing Police Trust Through Normative Alignment. I also hold a Doctor of Public Administration
(DPA) from Hamline University, and the title of my dissertation is: The Impact of Higher Education on Police
Officer Work Habits. My research on community policing and values-based law enforcement has been completed
in cooperation with the Centre for Criminology at the University Oxford, Hamline University, and the United States
Department of Justice.
My law enforcement experience spans a period of 34 years, including 15 years at the executive level as the City of
Saint Paul Coordinator of Emergency Preparedness, Assistant Chief of Police, and Ramsey County Sheriff. I was
twice honored with the Medal of Merit for Sheriff of the Year by the National Sheriffs’ Association. I have also
served as a consultant to the State of Minnesota – Department of Public Safety, Los Angeles County Sheriff’s
Department, Plano Police Department, as well as numerous nonprofit and community groups. For additional
information regarding my education and professional background, please see my biography and professional vitae
in the Appendix.
Description of Firm
The Center for Values-Based Initiatives was founded in 2017 and stands apart from other firms because of my
unwavering focus on shared values, practices that increase individual and organizational trust, and application of
International Organization for Standardization (ISO) 9001 guidelines in local government. As President, I will be
the sole contractor for this proposed project. In addition, I do not have any clients and/or projects that present a
conflict of interest to providing this project for the City. My firm provides the following services:
• Community engagement – Bringing together communities and public organizations. I utilize values-based
strategies to increase trust through the inclusion of community voice and consistent, fair, and transparent
practices.
• Organizational Development – Hire for Character and Train for Competence®. Founded on shared values and
proven practices, I lead organizational transformation through the alignment core values, mission,
recruitment, selection, training, and staff performance.
• Strategic Planning – Facilitating the strategic planning process. Using research-based best practices, I analyze
organizational strengths, weaknesses, opportunities, and threats and prepare reports and plans for
publication.
• Organizational Assessment – Increasing organizational effectiveness. I use my education, experience, and ISO
9001 standards to mentor leaders, manage change, and assess achievement of organizational goals and
objectives.
Additional information regarding my background and firm may be found at: https://centerforvalues.com/
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Scope of Services Offered
As the sole Contractor, who is not a City of Falcon Heights employee, I will provide the following deliverables:
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.
Overview of steps to complete Section 1a:
I will use action research methods, community and staff engagement processes, and ISO 9001
guidelines to gather the information necessary to accurately determine the community’s
value of historical and current policing services. These processes will be further utilized to
assess the types and levels of policing services the community expects and desires; this
includes determining the community’s satisfaction with the specific and overall levels of
policing services.
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.
Overview of steps to complete Section 1b:
I will gather the City’s data associated with current policing services and analyze:
• staffing needs by type of service call
• frequency of requests for mutual aid
• citizen-initiated service calls
• officer-initiated activities
• time necessary to complete calls for service and officer-initiated activities
In addition, I will explore the effects of discretionary patrol and proactive activities on
community policing objectives.
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.
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Overview of steps to complete Section 1.c:
Utilizing the information gathered in Section 1.b, I will map and analyze the costs for
currently contracted policing services and compare the degree of alignment with the
community’s desired service levels.
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
Overview of steps to complete Section 2.a:
To provide recommendations on strategic policing services, I will:
• Analyze the current staffing models and policing services provided in nearby and
similarly sized cities
• Based on the analysis of current services, comparative communities, and ISO
9001 Standards, determine the City’s most reasonable options for policing
services
• Provide a report that offers guidance for a best practice-based structure for
policing service contracts and agreements
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 consultant would draft,
distribute and solicit requests on behalf of the City for contracted police services.
Overview of steps to complete Section 2.b:
If the City of Falcon Heights decides to explore other opportunities to contract for policing
services, I would be pleased to facilitate the solicitation of those alternatives. To
accomplish this work, and based on the data collected during the processes associated
with the Current Service Analysis and Future Service Recommendations, I would:
• Draft a comprehensive policing service agreement for the City
• Distribute the service agreement and selection criteria as requested by the City
• Solicit requests for contracting policing services to regional law enforcement
agencies
• Evaluate proposals to provide policing services for the City
• Recommend the law enforcement agency that best aligns with the City’s values
and expectations
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Task Force Recommendations Implementation
3. Recommend how the City can implement the recommendations found in the 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
Overview of steps to complete Section 3.a:
I understand that the charge for the Task Force on Inclusion and Policing was to articulate,
affirm and operationalize the values of the City of Falcon Heights and to build an inclusive
and welcoming environment for residents and guests of Falcon Heights. The guiding
principles for implementation are founded on Culture and Values; which includes the
opposition to discrimination and profiling and commitment to a respect for life and the
community’s values. These objectives are to be achieved through the emphasis of policing
values, policies, and procedures. More specifically, policing services must be characterized
by Inclusion (e.g., Opportunities to strengthen inclusivity and recognize the importance of
Diversity) and Policing (e.g., Data collection; Emerging and best practices on police policy,
procedures, and technology focusing on use of force and policies that help build trust;
Police training, especially implicit bias and de-escalation training; and Community-based
policing strategies to strengthen links with residents and guests). It is wise for public
organizations to periodically review community recommendations and goals. Therefore, I
will review and analyze the content of City of Falcon Heights recommendations for
alignment with current citizen recommendations and ISO 9001 guidelines for local
governments. Some examples of exploration and analysis include answering the
questions, Is the community recommending calibration of any recommendations and In
what ways is the City of Falcon Heights in alignment with ISO 18091 – Guidelines for the
application of ISO 9001 in local government?
b. Determine which of the recommendations have been completed or addressed to date.
Overview of steps to complete Section 3.b:
Using the principles of content mapping and comparative data analysis, I will assess the
status of the operationalization of the city’s recommendations noted in the Falcon
Heights Task Force on Inclusion and Policing report. Specifically, I will examine the
progress on:
Police-Community Relationships including:
• Mutual Safety and Trust
• Authority over the police department serving our community
• Community engagement
• Trend monitoring, relationship building, and problem solving
Training and Capacity, including:
• Mental health care for people in crisis and officers
• Training on de-escalation, cultural competency, and explicit and implicit bias
• Hiring and workforce development that emphasizes community relationship-
building
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Data and Transparency, including:
• Data collection, sharing, and monitoring that detects and responds to trends
• Public feedback channels
• Promptness and openness in serious incidents
Priorities for Policing Activity, including:
• Emergency response
• Cultural competence and community engagement
• Informative policing
• Traffic policing prioritization of serious moving violations
c. Develop a report of actionable steps that can be undertaken in the current or future police
contracts to address the Task Force recommendations.
Overview of steps to complete Section 3.c:
Using the Task Force recommendations and the data and analysis associated with the
Current Service Analysis and Future Service Recommendations, I will prepare a
comprehensive report which delineates the actionable steps to more completely
integrate and operationalize the community’s recommendations in the current and future
policing services contracts.
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References and Exemplary Projects
References and projects that exemplify my firm’s ability to complete this project include the following:
1. Action Research: Increasing Police Trust Through Normative Alignment – Centre for Criminology, University
Oxford, England.
Synopsis: I examined the challenges that police encounter in building public trust. An action research design
utilized community engagement in two U.S. communities to discern the values and behaviors that generate
trust in the police and to explore how those values may be integrated into policing policies and processes.
While there is general agreement that compliance emanates from the practice of the principles of procedural
justice which are interrelated with trust, normative alignment, and legitimacy, it has proven to be to more
difficult to test, translate, and embed these ideas in police organizations. With these factors in mind, I tested a
process to increase trust and normative alignment between the community and police and to answer the
primary question: How can police trust and legitimacy be increased? I conducted four phases of qualitative
research and document analysis to determine which values community members desire in police officers,
how police organizations can align their values with the community’s values, how to select police officers who
possess the community’s values, and how police organizations can reinforce the community’s values in their
officers.
I used focus groups, interviews, and document retrieval to gather the data and used content analysis, word
coding, crosstabulation, curriculum mapping, and gap analysis to analyze the data. The results show that trust
from community members can be increased if police officers are first characterized by Cultural Competence,
Servant Leadership, Emotional Intelligence, and High Character and then trained in the legal and technical
skills necessary for the fulfillment of their policing duties. In other words, hire for character and train for
competence. I also discuss definitions of a good police officer, compliance, procedural justice, trust, normative
alignment, legitimacy, organizational considerations, and police officer selection. The full research report is
available at: https://ora.ox.ac.uk/objects/uuid:35a540b7-2f07-4313-a20f-9cd22a2a65ac
Supervisor: Dr. Ben Bradford – University College London
Email: ben.bradford@ucl.ac.uk
Phone: +44 7949 486910
2. Project: State of Minnesota – Department of Public Safety
Title: Community Policing and Character-Based Law Enforcement Initiative
Synopsis: The Community Policing and Character-Based Law Enforcement Initiative, included a series of
community listening sessions and focus group sessions with staff members from the Minnesota State Patrol
(MSP), Bureau of Criminal Apprehension (BCA), and Alcohol and Gambling Enforcement (AGED). The objective
was to learn the values and behaviors that generate police trust and then align those values with those of the
DPS.
The preceding steps resulted in the development of a refreshed version of organizational core values that are
aligned with the community’s values. This information was foundational for my review of the MSP’s, BCA’s,
and AGED’s processes associated with recruitment, selection, training, and evaluation. The good news was
that each organization’s core values are indirectly embedded in many of the materials and processes used to
recruit, select, and train troopers and special agents.
This project noted the importance of report-back meetings with the community and the staff members at the
MSP, BCA, and AGED. In addition, the cumulative results were utilized to develop a framework for increasing
98
police trust through the selection of officers who exhibit the shared values of community and DPS. Included in
the framework is an implementation plan that directly aligns and integrates the core values into the
recruitment, selection, training, and evaluation processes of the MSP, BCA, and AGED.
The foundation for this project was the utilization of community engagement to increase community/police
normative alignment. Even though trust cannot be created in one or two easy steps, the cooperation and
thoughtful community and DPS staff members responses indicates that there is support for implementing this
framework. The community participants expressed confidence that if the MSP, BCA, and AGED integrated the
listening session recommendations, then trust in the individual law enforcement officers and organization
would increase and as trust increased, so would organizational and community cohesiveness and cooperation.
I recommended that this process be part of an intentional, ongoing effort to build trust-based police and
community relationships through the discernment of areas of positive shared values and the integration of
those values into the organization’s daily operations. Finally, I discerned that it is reasonable to believe that if
this framework to increase community/police trust through shared values is fully implemented, the DPS has
the potential of becoming a model agency for all law enforcement organizations in Minnesota.
Department Commissioner: John Harrington
Email: john.harrington@state..mn.us
Phone: 651.485.0585
3. Project: Los Angeles County Sheriff’s Department
Title: Comprehensive Recruitment
Synopsis: The Comprehensive Recruitment project was founded on a series of focus group meetings with
community members throughout Los Angeles County. I asked the focus group participants: “To increase the
level of trust between you and the sheriff’s department, what type of women and men should be hired?” The
resulting data is a list of traits and values that would make it easier for the community to trust deputies.
Deliverable one of this project involved aligning the community’s recommendations with the LASD’s core
values. I conducted focus group meetings with departmental staff: senior administrative staff, middle
management staff, and non-sworn staff. In each meeting, I asked the staff members: “How should we align
the community’s values with the LASD values?” The LASD staff members successfully aligned the core values
with all the community’s recommended values. The LASD revised core values include Compassion, Courage,
Integrity, Leadership, Respect, and Service.
Using the preceding information, I mapped the level of integration of the revised core values in the current
deputy training and first year evaluations. Specifically, I mapped the core values to the new deputy training
academy curriculum learning domains (LD) as well as to the post-academy training and first year performance
evaluation forms. Of the 880 total hours of training provided during the academy, some directly connected
the LD to the core values while other LDs discussed and reinforced the sub-definitions (i.e., attributes noted
by the community and LASD stakeholders that are included in the full definition of a core value).
In addition, I examined and mapped several evaluations: the three evaluations conducted by Training Unit
staff in which they directly evaluate the prevalence of the core values in the behaviors of the deputy trainees,
and the two peer review evaluations in which each deputy trainee evaluate their peers in the training
academy. These peer evaluations measure the prevalence of the core values in the performance and
behaviors of the deputy trainees. I further mapped the training and evaluation standards associated with new
deputy probationary period. These documents include the Custody Division Training Standardized Evaluation,
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Custody Division Training Standardized Training Program Recommendation to Release From or to Extend
Training Form, and County of Los Angeles Report on Probationer.
Although the organizational values are not specifically mentioned in the curriculum, training, and evaluations,
they are repeatedly referred to throughout the processes via their underlying descriptors. The core values are
already interwoven throughout the first year of new deputy employment, so alignment may be achieved by
intentionally highlighting and communicating an underlying descriptor’s connection to a core value. If the
lesson plans, training exercises, and performance evaluations were refreshed to include more terms and
phrases that are clearly connected with the core values and descriptors, then a higher degree of alignment
would be created between LASD and the community.
LASD Commander: Bill Jaeger
Email: wejaeger@lasd.org
Phone: 951.532.5710
Additional Information
My personal mission and the primary purpose of my firm is to increase community/police trust through
community engagement, fair treatment, transparent communication, respectful attitudes, and actualized shared
values. Additionally, my firm is a leader in the application of ISO 9001 standards in local government. I believe my
mission and purpose are in complete alignment with those of the City of Falcon Heights and together, we will be
able to establish a best-practice in police service assessment and selection.
Please see my professional vitae in the Appendix. If desired, I would be happy to provide examples of relevant
work products.
100
Fee Schedule
As president of the Center for Values-Based Initiatives and sole contractor, I will not subcontract any portion of
the services provided or seek separate reimbursement for expenses. Therefore, I agree that the proposed fees
will include administrative costs, meetings, mileage, travel, and related expenses incurred during the
performance of the contracted deliverables (please see Figure 1).
Upon completion of each deliverable, an invoice will be submitted which includes the contract number, date of
completion, and a cost that does not exceed the amount proposed in the fee schedule.
Figure 1. Itemized Fee Schedule for Scope of Work Deliverables
Deliverable Cost
1 Current Service Analysis
A. 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.
$10,000
Workload analysis
B. 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.
$7,500
Contract analysis
C. Analyze the current contract and associated costs for policing
services compared to the utilization of policing services as
determined under Workload analysis – Section 1.B
$5,000
2 Future Service Recommendations
A. 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: See Deliverable #4
$7,500
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Deliverable Cost
3 Task Force Recommendations Implementation
A. Recommend how the City can implement the recommendations
found in the 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.
$7,500
TOTAL $37,500
Optional Services
Deliverable Cost
4 Soliciting alternatives – Section 2.b
A. Explore alternatives to the current contract for police services
B. On behalf of the City, coordinate requests for policing services
including:
a. Drafting of documents
b. Distribution of documents
c. Solicitation of policing services:
i. Outreach
ii. Evaluation
iii. Selection
iv. Technical assistance as requested by City
$3,000
$3,500
$2,500
$6,000
to
12,000
TOTAL $15,000
to 21,000
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Appendix: Contractor Biography and Professional Vitae
Dr. Matthew D. Bostrom
President, Center for Values-Based Initiatives
Matt Bostrom began his law enforcement career in 1982. He served with the Saint Paul
Police Department as Police Officer, Sergeant, Lieutenant, Commander, Senior
Commander, Chief of Staff, and Assistant Chief of Operations, and retired as Ramsey
County Sheriff in 2017.
Matt was twice nominated as National Sheriff of the Year and both times he was
awarded the Medal of Merit from the National Sheriffs’ Association. Some
of his accomplishments include reorganizing the department to improve effectiveness and efficiency by focusing
on the vision, mission, values, and beliefs; co-founding the Criminal Justice Coordinating Council; launching
professional standards, comprehensive training, and cooperative hiring initiatives; and engaging with the
community to build relationships and prevent crime.
The hallmark of Matt’s service as Sheriff was a focus on increasing the level of trust between the community and
police officers. Through listening to the community, he learned of their desire for police departments to hire for
character and train for competence. In response, he launched a recruitment and hiring initiative that centered on
selecting women and men who possessed four observable character traits: trustworthy, truthful, responsible, and
respectful. This initiative increased community trust and improved police officer work habits including sick time
usage, discipline, and commendations.
In addition to graduating from the FBI National Academy, Matt received his formal education at the University of
Northwestern (Bachelor of Science), University of Saint Thomas (Master of Arts), Hamline University (Doctor of
Public Administration), and Doctor of Philosophy (PhD in Criminology) at the University of Oxford. The Centre for
Criminology at the University of Oxford invited Matt to develop a replicable model for increasing police trust by
identifying and aligning the community’s values with those of the police. It is through the operationalization of
these shared values in police officer recruitment, selection, and training that can lead to increased trust between
police officers and the communities they serve.
Matt has 10 years of experience as an adjunct professor at Saint Mary’s University, the University of
Northwestern, and Hamline University. He co-authored Character-Based Police Officer Selection for the United
States Department of Justice and his dissertation topics include The Influence of Higher Education on Police Officer
Work Habits and Increasing Police Trust through Normative Alignment.
Specialties: Government Administration, Public Safety, Criminal Justice, Higher Education, Non-Profit Boards, and
Athletic Coaching
Email: Matt@centerforvalues.com
Cell: 1.651.775.3345
Website: centerforvalues.com
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Professional Vitae
Matthew D. Bostrom
1000 University Avenue West, Suite 222
Saint Paul, Minnesota 55104
651-775-3345
matt@centerforvalues.com
Education
2017 – 2020 Doctor of Philosophy in Criminology
Thesis: Increasing Police Trust Through Normative Alignment
University of Oxford; Oxford, England
1997 - 2003 Doctor of Public Administration
Dissertation: The Impact of Higher Education on Police Officer Work Habits
Hamline University; Saint Paul, Minnesota
1993 - 1996 Master of Education in Curriculum and Instruction
University of Saint Thomas; Saint Paul, Minnesota
1990 - 1992 Bachelor of Science in Organizational Administration
Magna cum Laude
University of Northwestern; Saint Paul, Minnesota
Employment Experience
02/17 – present President
Center for Values-Based Initiatives, LLC
Research, development, and implementation of values-based employee recruitment, selection,
training, and organizational development
Exemplar Projects
• State of Minnesota – Department of Public Safety
o Community Policing and Character-Based Law Enforcement Initiative
• Plano (TX) Police Department
o Increasing Police Trust Through Normative Alignment
o Values-Based Police Officer Selection
o Strategic Plan Development
• Los Angeles County Sheriff’s Department
o Increasing Police Trust Through Normative Alignment
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Employment Experience (continued)
01/11 – 01/17 Sheriff
Ramsey County Sheriff’s Office
Minnesota’s first law enforcement agency established in 1849; 400 full-time employees and 500
volunteers; law enforcement services to urban community of 500,000 residents in a
metropolitan area of over 2.5 million residents; full police service to seven contract
communities including pretrial detention center (jail), court services, and crime prevention
through educational partnerships with residents, schools, and businesses
Vision and Core Values
• Provide safety through community policing
• Restore trust through fiscal responsibility
• Collaborate with local law enforcement
• Encourage diversity to reflect the community
• Improve service through technology
• Connect with youth to build for the future
Accomplishments and Administration
• Reorganized the department to improve effectiveness and efficiency by focusing on the
vision, mission, values, and beliefs
• Co-founded the Criminal Justice Coordinating Council
• Launched professional standards, comprehensive training, and diverse hiring initiatives
• Engaged with community to build relationships and prevent crime
• See numerous other accomplishments in Year at a Glance documents
11/06 – 12/10 Assistant Chief/Commander
Saint Paul Police Department
Chief of Homeland Security and Support Services Division
Homeland Security and Support Service Division: Special Events and Planning; Special Weapons
and Tactics (SWAT); Emergency Management; Bomb Unit; Capital Improvement Budget;
Technology Services; Records Management; Community and Volunteer Service; Crime
Prevention; Fleet Management; Building Engineers (200 personnel); budget of $10-20M
Accomplishments and Administration
• Directed 2008 Republican National Convention Security Plan (6,000 Public Safety Personnel
and $50M Budget)
• Organized Large-Scale Community Events (More than 1M Attendees)
• Coordinated City-Wide Closed-Circuit Television System
• Administered Joint Powers Agreements with 115 Agencies
• Oversaw Construction of Police Substation
• AFSCME Liaison
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Employment Experience (continued)
04/06 – 11/06 Assistant Chief
Saint Paul Police Department
Chief of Operations Division
Operations Division: The City’s Three Patrol Districts; City-Wide Services; Focusing Our
Resources for Community Empowerment (FORCE); Emergency Communications Center (350
Personnel and $40-50M Budget)
Accomplishments and Administration
• Administered Saint Paul Police Department’s Largest Division
• Founded Certificate in Public Safety Administration Program at Hamline University Graduate
School of Management
• Coordinated Emergency Communication Center Merger
• Managed 800mhz Radio System Conversion
07/04 – 03/06 Senior Commander
Saint Paul Police Department
Chief of Staff: Office of the Chief of Police
Office of the Chief: Homeland Security; Internal Affairs; Inspection; Special Investigations;
Training, Personnel; Payroll; Health and Wellness; Firearms and Defensive Tactics; Employee
Assistance; Background Investigations; Watch Commander
Accomplishments and Administration
Directed U.S. Department of Justice Character-Based Selection and Training Model
02/03 – 06/04 Emergency Preparedness Coordinator
Saint Paul Department of Fire and Safety Services
Coordinator: City of Saint Paul Homeland Security and Emergency Management
Accomplishments and Administration
• Developed City of Saint Paul Emergency Operations Plan
• Coordinated City of Saint Paul Homeland Security Reorganization
• Managed Emergency Operations Center
• Administered U.S. Department of Homeland Security Grant Funding for $7.8 Million Urban
Area Security Initiative
09/00 – 02/03 Commander
Saint Paul Police Department
Commander: Patrol Operations Command for Central District
Director: Training, Personnel, Payroll, and Information Technology
Watch Commander: Department Operations in Absence of Chief of Police
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Employment Experience (continued)
06/99 – 09/00 Lieutenant
Saint Paul Police Department
Executive Project Manager: Multimillion-Dollar Technology Grants from Department of Justice
Accomplishments and Administration
• Developed Electronic Records Management Systems Integration
• Coordinated Patrol Laptop Computers
• Administered Wireless Hand-Held Communication Devices for Foot Patrol, Bicycle, Motorcycle
Units
01/99 – 06/99 Lieutenant
Saint Paul Police Department
Director: Community and Volunteer Services
Accomplishments and Administration
• Directed Citywide Festival and Special Event Planning
• Administered Employee Assistance Program
• Managed Reserve Officer Program
08/94 – 01/99 Sergeant
Saint Paul Police Department
Supervisor: Drug Abuse Resistance Education Officers, School Liaison Officers, Bike Patrol,
Central and Eastern District Patrol Shifts
08/93 – 01/94 Sergeant
Saint Paul Police Department
Investigator: Juvenile Crimes
11/82 – 08/93 Saint Paul Police Officer
Saint Paul Police Department
Patrol Officer: Patrol, Evidence Technician, D.A.R.E. Officer, Field Training Officer
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Specialized Training
2008 Presidential State of the Union Address – Security Planning
United States Secret Service; Washington, DC
2007 United Nations General Assembly – Security Planning
New York Police Department; New York, New York
2007 Foreign Ministers Summit – Security Planning
Norwegian National Police; Oslo, Norway
2007 2004 Democratic National Convention – After Action Report
Police Department; Boston, Massachusetts
2007 2004 Republican National Convention – After Action Report
Police Department; New York, New York
2005 Federal Bureau of Investigation – National Academy
United States Department of Justice; Quantico, Virginia
2004 State of Minnesota Emergency Manager’s Certification
Division of Homeland Security and Emergency Management
2003 Office of Domestic Preparedness WMD Incident Command
Center for Domestic Preparedness; Anniston, Alabama
2003 Department of Homeland Security After-Action Lessons Learned
Pentagon; Arlington, Virginia
International Experience
• England (Increasing Community/Police Trust Through Normative Alignment, College of Policing)
• Malaysia (Transforming the Police: Towards Ethical Policing, Kuala Lumpur)
• Israel (National Security Preparedness, Israel Police Service)
• Canada (Comparative Public Administration Studies in Ottawa, Ontario)
• Norway (Foreign Ministers’ Summit in Oslo)
• Peru (National Police Academy in Lima)
• Turkey (National Police Academy in Ankara)
• Ukraine (Internal Police Administration in Kiev)
Community Leadership
• Minnesota Character Council (Board Member)
• Caux Roundtable (Fellow)
• Drug Abuse Resistance Education (Board Member)
• Union Gospel Mission (Past President)
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Teaching Experience
2011 – 2016 Instructor
Minnesota Bureau of Criminal Apprehension
Teach courses in the management certification program
2008 – 2016 Adjunct Professor
University of Northwestern – Saint Paul
Teach undergraduate level criminal justice courses
2005 – 2012 Assistant Professor
Saint Mary’s University
Teach graduate level public safety administration courses
2003 – 2009 Adjunct Professor
Hamline University
Teach graduate level public administration courses and seminars
Awards and Publications
• The Influence of Higher Education of Police Officer Work Habits, The Police Chief (October 2005)
• Character-Based Selection and Training, United States Department of Justice Community Oriented Policing
Services (2006)
• Preparedness Award, Association of Minnesota Emergency Managers (2009)
• Hall of Fame, Upper Eastside Football Association (2010)
• 45 Commendations Including Unit Citations, Letters of Recognition, and Ribbons for Distinguished Service
• Twice nominated as National Sheriff of the Year and both times awarded the Medal of Merit from the
National Sheriffs’ Association (2014, 2015)
Previous and Current Memberships
• FBI-National Academy Alumni Association (FBI-NAAA)
• International Association of Chiefs of Police (IACP)
• Latino Police Officers’ Association (LPOA)
• Minnesota Asian Police Officers’ Association (MNAPOA)
• Minnesota Police and Peace Officers Association (MPPOA)
• Minnesota Sheriffs’ Association (MSA)
• National Sheriffs’ Association (NSA)
• Police Executive Research Forum (PERF)
COMMUNITY SERVICE
• Boys Coach (Baseball, Basketball, Football)
• Girls Coach (Soccer, Softball)
• Saint Paul Police Athletic League
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 12, 2023 No. 23-32 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPROVING OF AGREEMENT WITH THE CENTER FOR VALUE-BASED INITIATIVES FOR POLICE CONTRACT CONSULTING SERVICES WHEREAS, City Staff released an RFP for Police Contract Analysis and Consulting Services on July 15,
2022; and WHEREAS, the RFP for Police Contract Analysis closed on August 15, 2022; and
WHEREAS, 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; and WHEREAS, the City Council reviewed the proposals during workshops on September 14, 2022 and September 21, 2022; and WHEREAS, the majority of the council preferred the proposal that was submitted by the Center for Value-Based Initiatives (CVBI); and WHEREAS, the CVBI proposal included an optional provision to assist the City in soliciting responses for a future police services contract; and WHEREAS, the contract cost will be $21,000.00 for 2023, with a performance commission of 5% of
savings of a future contract or $25,000, whichever is less in 2024; and WHEREAS, funds were not allocated in the 2023 Budget to cover these expenses; and WHEREAS, a transfer of $21,000 from the General Fund Reserves to the General Fund will be required to accommodate this request; and
WHEREAS, both the consultant and the City anticipate the project will be completed by the end of 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the Agreement with The Center for Value-Based Initiatives is approved by the City Council of the City of Falcon Heights. 2. The City Council approves a budget amendment to transfer $21,000 from General Fund Reserves to the General Fund.
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Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
MEYER Jack Linehan
LEEHY ____ Against City Administrator
WASSENBERG
WEHYEE
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