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Home My WebLink About6-14-23 Regular Meeting Amended CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA - AMENDED Wednesday, June 14, 2023 7:00 p.m. A. CALL TO ORDER: B. ROLL CALL: GUSTAFSON____ LEEHY___ MEYER ___ WASSENBERG ____ WEHYEE___ STAFF PRESENT: LINEHAN___ C. APPROVAL OF AGENDA D. PRESENTATION 1. Neal Kwong Award – Zach Lindstrom 2. Third Sphere – Diversity and Leadership Training Proposal 3. Juneteenth Proclamation / Holiday Change to Personnel Policy 4. CROWN Act Personnel Policy Amendment E. APPROVAL OF MINUTES: 1. May 24, 2023 Regular Meeting Minutes 2. June 7, 2023 Workshop Meeting Minutes F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through 6/7/23: $111,428.07 Payroll through 5/31/23: $19,992.20 Wire Payments through 5/31/23: $12,459.09 2. Amendment to City Administrator Contract Agreement 3. Safe Step LLC Saw-cutting Proposal 4. State Fair Task Force Appointments H: POLICY ITEMS: 1. Tree Trimming Budget Increase 2. 2024 State Bonding Request Application– Community Park 3. State Fair Task Force Appointments 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: 1 BLANK PAGE 2 Item Neal Kwong Youth Citizen Award – Zach Lindstrom Description The Neal Kwong Youth Citizenship Award was established September 2000 in memory of Neal Kwong. Neal Kwong, a youth leader and Eagle Scout, died suddenly early in August while at Boy Scout camp. Neal was an active coach, volunteer, and great young citizen. In his memory, we wish to establish the Neal Kwong Youth Citizenship Award to recognize outstanding youth leaders, volunteers, and citizens in their work here in Falcon Heights. We recommend that the award be granted annually to one person between the age of 12 and 19, who displays outstanding leadership, volunteerism, or citizenship while making contributions to the Falcon Heights community. The recipient would be recognized by the City Council, receive acknowledgement on a plaque at City Hall, and be highlighted in the city newsletter. These youth could be recommended through the schools, a nomination process, or by individual citizens of Falcon Heights. Mr. Gary Kwong would recommend awarding the Neal Kwong Citizenship Award to Zach Lindstrom. Kindness to others and showing this in actions, not just in words, is important to Zach. Zach volunteers his time in an effort to help bring positive change to issues important to him and to benefit his community. He currently serves on the Community Engagement Commission, volunteers at the Bell Museum, will captain his school’s debate team this fall, and serves on a social justice group called the Youth Executive Board. Zach wishes to make a positive impact and lead others whenever possible and is a true example of an outstanding Falcon Heights citizen. Budget Impact N/A Attachment(s) •Resolution 23-38 Awarding the Neal Kwong Youth Citizen Award to Zach Lindstrom •Nomination Form Meeting Date June 14, 2023 Agenda Item Presentation D1 Attachment Resolution 23-38; Nomination Form Submitted By Kelly Nelson, Assistant to the City Administrator 3 Action(s) Requested Motion to approve the attached resolution and award the 2023 Neal Kwong Youth Citizen Award to Zach Lindstrom 4 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-38 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION AWARDING THE NEAL KWONG YOUTH CITIZENSHIP AWARD TOZACH LINDSTROM WHEREAS, the Neal Kwong Citizenship Award was established in September 2000 in memory of Neal Kwong who passed away suddenly at a Boy Scout Camp; and WHEREAS, the award will be granted annually to one person between the age of 12 and 19, who displays outstanding leadership, volunteerism, or citizenship while making contributions to Falcon Heights; and WHEREAS, the recipient would be recognized by the City Council, receive acknowledgement on a plaque at city hall, and be highlighted in the city newsletter; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota award Zach Lindstrom the Neal Kwong Youth Citizenship Award. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ___ Against City Administrator WEHYEE WASSENBERG 5 “I will love life more than anybody I will ever know.” Neal Kwong, 1998 Neal Kwong Youth Citizenship Award Nomination Form Please nominate a person between the ages of 12 and 19 who either lives in Falcon Heights or has volunteered within Falcon Heights. Nominators are encouraged to attach extra pages if required. Name of Nominee Zachary Lindstrom Address Phone Number Your Name Peter Lindstrom Age 16 Your Phone 651-324-4831 Your E-Mail Address plindstr@umn.edu Your Relationship to the Nominee Parent How has the nominee demonstrated outstanding leadership, volunteerism, or citizenship? Zach has taken part in many activities that lend themselves to leadership and altruism. In terms of organizations, Zach is a member of our Community Engagement Commission here in FH, as well as a volunteer at the Bell Museum. He also serves on a social justice group called the Youth Executive Board, in which he's learned leadership as well as played a major part in a drive raising money for a battered women's shelter that raised over $750. Zach is a member of his school's debate team, where he's the captain for this upcoming season Is there anything you would like us to know about the nominee that will help us understand why you are nominating him or her (e.g. personal qualities, challenges, or interests)? After COVID, Zach plunged back into service at a rate that I didn't expect. I want to nominate him because I think he's shown an amazing dedication to community that I'm proud to recognize. Nominations are due by Friday, April 28, 2023 at 4:30pm. You can e-mail this information to mail@falconheights.org, fax it to 651-792-7610 or mail it to us at: Falcon Heights City Hall Attn: Neal Kwong Award 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 6 BLANK PAGE 7 Item Approval of Phase I and Phase II of Third Sphere’s Proposal on Building a Culture of Diversity, Equity, Inclusion. and Belonging Description Falcon Heights has had an emphasis in inclusion for many years. Especially after the fatal shooting of Philando Castile on July 6th, 2016 strong efforts were made to examine and improve inclusion in Falcon Heights. The City Council then voted to organize the Inclusion and Policing Task Force which held meetings, Community Conversations, and gave recommendations on how the City could improve. Third Sphere is a consulting agency founded by Dr. Ramón Pastrano that focuses on culture building and emphasizes that an organization’s culture is key to its success. After meeting with Dr. Ramón Pastrano and his colleague Dr. Jonathan Stuart, they have given us a proposal on how to proceed with the City’s inclusion efforts. The proposal includes multiple phases. The first phase encompasses the Intercultural Development Inventory (IDI) for 20 participants. Participants would take an online inventory, receive personalized reports, and spend 45-60 minutes in one on ones with Third Sphere’s coaches. Participants will be able to set up a plan on how to continue forward with their personalized reports. Phase I costs $7,000. The second phase of the proposal is a supporting workshop for the City’s DEI+B efforts and participants’ IDI background. This part would allow City stakeholders to learn more about unconscious bias and how to become more aware of them. Phase II will be open to the public, with participants needing to register to attend this part of the proposal. More phases will come after these first two. Phase II costs $3,000. By working with Third Sphere, the City will get a better understanding on where we stand now with inclusion efforts and ways on how to continue these efforts. Budget Impact Approving Phase I and Phase II of the proposal would be no more than $10,000. Funds would come from Community Inclusion Fund (210), which has a fund balance of $30,000. Attachment(s) • City of Falcon Heights: Building a Culture of Equity, Inclusion, and Belonging Action(s) Requested Staff recommends that City Council passes Resolution 23-39 to approve the proposal by Third Sphere for DEI+B workshops and immersive leadership experiences in the Meeting Date June 14, 2023 Agenda Item Presentation D2 Attachment(s) City of Falcon Heights: Building a Culture of Equity, Inclusion, and Belonging Submitted By Fredi Ponce Parra, Administrative & Inclusion Intern 8 amount of $10,000 and authorize the City Administrator and City staff execute all necessary documents to execute Phase I and Phase II of the proposal. 9 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-39 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION FOR APPROVAL OF PHASE I AND PHASE II OF THIRD SPHERE’S PROPOSAL ON BULDING A CULTURE OF DIVERSITY, EQUITY, INCLUSION AND BELONGING AT FALCON HEIGHTS WHEREAS, The City of Falcon Heights is an inclusive community where all are welcome; and WHEREAS, Inclusion has been important for the City, with stronger efforts after the fatal shooting of Philando Castile in 2016; and WHEREAS, Third Sphere, LLC, founded by Dr. Ramón Pastrano, is a consulting agency that assists organizations with their culture and goals; and WHEREAS, Third Sphere offers Diversity, Equity, Inclusion and Belonging programming as well as individual and group workshops for organizations including cities; and WHEREAS, Third Sphere has provided a proposal to the City on how to best work on our inclusion efforts. WHEREAS, Phase I provides City stakeholders with the opportunity to gain a better understanding of DEI+B concepts, take an inventory on Intercultural Development, learn about their individual reports and create a plan with Third Sphere coaches; and WHEREAS, Phase II to will be open to the public and will be an opportunity for community members to learn about DEI+B concepts and develop a better understanding of unconscious biases and stakeholders from Phase I will also join and continue to build on to their immersive leadership experience. NOW THEREFORE BE IT RESOLVED that the City of Falcon Heights hereby authorizes the City Administrator and City staff to use $10,000 in allocated funds for inclusion and work with Third Sphere to execute Phase I and Phase II of the proposal presented. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor 10 GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 11 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 City of Falcon Heights: Building a Culture of Equity, Inclusion, and Belonging Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 12 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 To: Fredi Ponce Parra— Administrative and Inclusion Intern Jack Linehan— City Administrator Melanie Leehy— City Council From: Dr. Ramón A. Pastrano— Third Sphere, LLC Dr. Jonathan Stuart— Texture Consulting Re: Leading with Cultural Competence, and Building a Culture of Equity, Inclusion and Belonging at City of Falcon Heights Dear, Fred, Jack and Melanie, I hope this email ﬁnds you well. I am writing to express my sincere gratitude for the opportunity to submit a proposal for how to build a culture of diversity, equity, inclusion and belonging that aligns with the city mission and vision. I truly appreciate your consideration and the opportunity to contribute to the growth and inclusivity of Falcon Heights. I am passionate about fostering diverse and inclusive communities, and I ﬁrmly believe that effective leadership, cultural competence, and effective DEIB practices are essential pillars in achieving this goal. It is through collaborative efforts and initiatives like the one being considered that we can create a more equitable and inclusive society for all residents. I am excited about the prospect of working with the City of Falcon Heights to design and implement a comprehensive initiative that addresses the speciﬁc needs of the community. By providing leadership training programs, promoting cultural competence, and implementing strategies to enhance diversity, equity, inclusion, and belonging, we can make a signiﬁcant impact on the lives of residents and create a more harmonious and inclusive environment. Once again, I extend my deepest gratitude for this opportunity. I am committed to putting forth my best efforts in developing a proposal that aligns with the vision of the City of Falcon Heights. Should you require any further information or have any questions, please do not hesitate to reach out to me or Jonathan. I am eagerly looking forward to the next steps in this process. Thank you once again for your trust and consideration. Warm regards, Dr. Ramon A. Pastrano Third Sphere, LLC Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 13 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 Recommendations: According to Gallup, To succeed, leaders and managers need to acquire these seven leadership competencies: Build relationships: Create partnerships, build trust, share ideas and accomplish work. Develop people: Help others become more effective through strengths, expectations and coaching. Drive change: Embrace change and set goals that align with a stated vision. Inspire others: Encourage others through positivity, vision, confidence, challenges and recognition. Think critically: Gather and evaluate information that leads to smart decisions. Communicate clearly: Share information regularly and concisely. Create accountability: Hold oneself and one's team responsible for performance. Based on our conversation, I recommend that the City of Falcon Heights Leadership Team work from the inside out (from ego to eco) and focus on building cultural competence ﬁrst. The best Intercultural Competence Practices occur at a level supported by the individual’s underlying developmental orientation. Training, experiential education and leadership development efforts directed at building intercultural competence are more Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 14 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 successful when focused on the underlying developmental orientation as presented in the DMIS (Developmental Model of Intercultural Sensitivity) continuum and assessed by the IDI (Intercultural Developmental Inventory). “Cultural Competence is the ability to understand, communicate with, and effectively interact with people across all dimensions of cultures and diversity. Cultural competence encompasses being aware of one's own world view (biases, mental models, etc.), developing positive attitudes towards cultural differences, and gaining knowledge of different cultural practices and world views. Cultural competence is having the wisdom, humility, courage and the ability to bridge, adapt and cognitively shift” (Dr. Ramon Pastrano). Phase I: The Intercultural Developmental Inventory- Cohort of 20 Participants The IDI is designed and validated as a “culture-general” measure of intercultural competence. The IDI has been statistically validated to generalize across other cultural communities than the respondent’s own culture group. Participation in this process includes: 1. Access Codes for all participants to take the on-line inventory 2. IDI and Intercultural Development Plan (IDP) Reports 3. Workshop: “Intercultural Leadership and the Role of the IDI in building cultural competence and DEI+B 4. 45-60 minutes 1:1 (each) Facilitated individual coaching conversation to understand the individual results and how to construct their Individual Development Plan (IDP). 5. Customized handouts and extra resources to support the participant experience. 6. Group Feedback and Group Report 7. Organizational Report Package Cost for 20……………………………………………$7,000.00 Reg. Price: $8500.00 Part 2: Supporting Workshops for the DEI Journey and IDI Work. These workshops can also be used to support the organization as a whole. Being an Effective Leader in the 21st Century:   The Role of Unconscious Bias and the Power of Awareness Based Leadership Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 15 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 Everyone has unwritten scripts and biases. It is what makes us humans! We often make questionable decisions because mental distortions and biases sabotage our reasoning. Scientiﬁc research has demonstrated how these unconscious, automatically activated, and pervasive mental processes can be manifested across a variety of contexts producing signiﬁcant impacts. When we unconsciously link whole groups of people with an attribute or behavior, we might make an implicit association that may be in direct conﬂict with our stated values and beliefs. And, because these actions happen in our unconscious, they may cause us to be unfair even when we think we are being fair. As we seek to lead in transformational ways among multicultural diverse groups, it is important to identify those mental processes which affect social judgements and operate without our conscious awareness or conscious control. This immersive interactive session includes exercises and small group discussions. uncovering what is hiding in our brains can we move to thoughts and behaviors that lead to greater equity, inclusion and collaboration. Cost………………………………………………………………………………………$3000 Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 16 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 Designing an Inclusive and Equitable City of Falcon Heights: Visioning Session for DEIB Exploration and Implementation Objective: The objective of this visioning session is to engage stakeholders in the city to collectively envision and strategize the implementation of a robust Diversity, Equity, Inclusion, and Belonging (DEIB) process. By fostering collaboration and generating ideas, the session aims to lay the foundation for a more inclusive and equitable city for all residents. Duration: TBD Agenda: I. Welcome and Introductions Explain the importance of DEIB and its potential impact on the city II. Setting the Context Present a brief overview of DEIB concepts, principles, and beneﬁts Share examples of successful DEIB initiatives in other cities Highlight challenges and opportunities speciﬁc to the city III. Sharing Personal Experiences Facilitate a roundtable discussion where participants share personal experiences related to DEIB (positive or negative) Encourage active listening and empathy Record key themes and insights on a whiteboard or ﬂip chart paper IV. Visioning Exercise: Open Space Technology Provide each group with a set of questions or prompts related to DEIB exploration and implementation. Choose the questions from the list below V. Group Presentations and Discussion Each group to present their vision to the larger group Emphasize the importance of collective input and collaboration VI. Action Planning a. Facilitate a plenary discussion to identify common themes, ideas, and priorities from the group presentations Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 17 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 b. Create an action plan with speciﬁc goals, timelines, and responsible parties c. Encourage participants to volunteer or nominate representatives to contribute to the DEIB implementation process d. Document the action plan on a whiteboard or ﬂip chart paper for all participants to see VII. Wrap-up and Next Steps Summarize the key outcomes and actions discussed during the session Provide participants with evaluation forms to gather feedback Announce upcoming events or opportunities for continued engagement VIII. Closing Remarks Reinforce the importance of ongoing commitment and collaboration for successful DEIB implementation. Potential Questions to Explore: 1. What does diversity mean to our city? How do we deﬁne diversity in terms of race, ethnicity, gender, sexual orientation, age, disability, and socioeconomic status? How do we account for other relevant dimensions of diversity that are not visible? 2. How do we currently address issues of equity in our city? What are the existing disparities and inequities that need to be addressed? 3. What is the level of inclusivity in our city? Are there groups or communities that feel excluded or marginalized? How can we create a more inclusive environment where everyone feels valued and respected? 4. What are the unique strengths and assets of our city's diverse communities? How can we leverage these strengths to promote equity and inclusion? 5. How can we ensure equitable access to resources, opportunities, and services for all residents in our city? What barriers currently exist and how can they be overcome? Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 18 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 6. How can we promote cultural awareness and sensitivity among city officials, employees, and community members? What strategies can be implemented to enhance cultural competency and reduce biases? 7. What policies, practices, and procedures need to be reviewed or developed to embed DEIB principles into the fabric of our city? How can we ensure these policies are enforced and monitored effectively? 8. How can we engage and involve diverse community members in decision- making processes? What mechanisms can be put in place to solicit input and feedback from underrepresented groups? 9. How can we foster collaboration and partnerships with community organizations, businesses, educational institutions, and other stakeholders to advance DEIB goals? 10. What steps can be taken to raise awareness and educate the community about the importance of DEIB? How can we promote dialogue and understanding among different groups? 11. How can we measure progress and success in our DEIB efforts? What metrics and indicators can be used to track changes in equity, diversity, inclusion, and belonging within the city? 12. How can we ensure accountability and transparency in our DEIB process? What mechanisms can be implemented to evaluate and report on our progress? 13. How can we create safe spaces for dialogue and difficult conversations about DEIB within our city? What resources and support systems should be in place to facilitate these conversations? 14. How can we integrate DEIB considerations into urban planning, infrastructure development, and community revitalization initiatives to create equitable and inclusive neighborhoods? 15. How can we sustain and continuously improve our DEIB efforts over the long term? What strategies can be implemented to embed DEIB into the city's DNA and ensure it remains a priority? Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 19 Third Sphere, LLC ramon@the3sphere.com Maple Grove, MN 55369 *Remember, these questions are meant to serve as starting points for discussion and exploration. The goal is not to choose them all but only the ones that are relevant to your mission and vision. They can be tailored and expanded upon based on the speciﬁc context and needs of the city. Cost……………………………………………………………………………………TBD Fred, Jack and Melanie, I look forward to hearing about the next steps. If you have any questions or require further information, do not hesitate to contact me at ramon@the3Sphere.com; 612-396-2537 Thank you again! Dr. Ramon A. Pastrano IV Third Sphere, LLC Dr. Ramon A. Pastrano IV ramon@the3sphere.com 612-396-2537 20 BLANK PAGE 21 Item Resolution 23-40: Juneteenth Proclamation Description Juneteenth is celebrated on June 19 every year. This is the day, June 19, 1865, that enslaved African Americans were informed of their freedom in Galveston, Texas two and a half years after the Emancipation Proclamation freed enslaved African Americans behind confederate lines. On June 17, 2021, President Biden signed the Juneteenth National Independence Day Act making Juneteenth a federal holiday. On February 3, 2023, Governor Walz signed a bill making Juneteenth a state holiday. This resolution would proclaim June 19, 2023 as Juneteenth Day in Falcon Heights; and also authorize the City Administrator to amend the Personnel Policy to include Juneteenth as a City holiday. Budget Impact N/A Attachment(s) Resolution 23-40 Action(s) Requested Staff recommends that City Council passes Resolution 23-40, a proclamation celebrating Juneteenth and its importance; and authorize the City Administrator to amend the Personnel Policy to include Juneteenth as a City holiday. Meeting Date June 14, 2023 Agenda Item Presentation D3 Attachment(s) Resolution 23-40 Submitted By Fredi Ponce Parra, Administrative and Inclusion Intern 22 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION PROCLAIMING JUNE 19TH AS JUNETEENTH DAY – AN OFFICIAL CITY HOLIDAY WHEREAS, 2023 will be the 158th year of Juneteenth Day, a day which celebrates and recognizes the rich culture, legacy and heritage of African Americans; and WHEREAS, On June 19, 1865 Union soldiers led by Major General Gordon Granger arrived in Galveston, Texas announcing that enslaved African Americans were freed, two and a half years after President Lincoln’s Emancipation Proclamation from January 1, 1863; and WHEREAS, Juneteenth today is an opportunity for reflection, education, and action on the history and ramifications of slavery in the United States; and WHEREAS, Juneteenth today is also an opportunity to celebrate freedom, achievements, contributions and excellence that the African American community has made in Falcon Heights and the United States; and WHEREAS, President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021 making Juneteenth an official federal holiday; and WHEREAS, Governor Tim Walz signed a bill, HF48/SF13, into law on February 3, 2023 making Juneteenth an official state holiday; and WHEREAS, Falcon Heights is committed to fostering and cultivating an inclusive and caring community, and urge all residents to become more aware of the significance of this celebration. WHEREAS, the Personnel Policy is a living document that is revised from time to time as need arises. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Falcon Heights, Minnesota: 1. Does hereby proclaim June 19th as Juneteenth Day; and 23 2. Authorizes the City Administrator to revise the Personnel Policy to include Juneteenth as a City holiday. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: Randy Gustafson Mayor GUSTAFSON ____ In Favor Attested by: LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 24 BLANK PAGE 25 Item Resolution 23-41: CROWN Act Personnel Policy Changes Description Governor Walz also signed into law the CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair”, which bans racial discrimination based on hair. The CROWN Act also adds to the Minnesota Human Rights Act to include “traits associated with race, including but not limited to texture and hair styles such as braids, locs, and twists.” This resolution would authorize the City Administrator to amend the Personnel Policy to include racial discrimination based on hair. Budget Impact N/A Attachment(s) • Pages from Personnel Policy Proposed for Amendment Action(s) Requested Staff recommends that City Council passes Resolution 23-41 to authorize the City Administrator to amend the Personnel Policy to include racial discrimination based on hair to comply with State Statutes and Federal Law. Meeting Date June 14, 2023 Agenda Item Presentation D4 Attachment(s) Pages from Personnel Policy Proposed for Amendment Submitted By Fredi Ponce Parra, Administrative and Inclusion Intern 26 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-41 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION AMMENDING THE PERSONNEL POLICY TO INCLUDE REQUIREMENTS BY THE CROWN ACT WHEREAS, The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair”, was signed into law by Governor Tim Walz on February 1, 2023 making it illegal in Minnesota to discriminate against someone because of their hair. WHEREAS, The CROWN Act adds to the Minnesota Human Rights Act to include “traits associated with race, including but not limited to texture and hair styles such as braids, locs, and twists.”; and WHEREAS, the Personnel Policy is a living document that is revised from time to time as need arises; and WHEREAS, such revisions are needed to ensure the Personnel Policy complies with changes to State Statutes and Federal Employment Laws. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Falcon Heights, Minnesota authorize the City Administrator to revise the Personnel Policy to further define racial discrimination to include hair texture and hair styles associated with race as required by the CROWN Act. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: Randy Gustafson Mayor GUSTAFSON ____ In Favor Attested by: LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 27 CITY OF FALCON HEIGHTS PERSONNEL POLICY Adopted May 27, 2015June 14, 2023 28 1 EMPLOYER AUTHORITY POLICY The City Council retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the use of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; to perform any inherent managerial function and to amend this handbook at any time. NON-DISCRIMINATION POLICY 1. It is the policy and intent of the City of Falcon Heights (herein after “the City”) to provide equality of opportunity in employment to all persons. 2. This policy prohibits discrimination because of race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, place of residence, political affiliation, sexual orientation, disability, marital status, status with regard to public assistance, membership or activity in a local commission, sex or age in all aspects of its personnel policies, programs, practices and operations. 3. This policy applies to all phases of employment including, but not limited to, recruitment, hiring, placement, promotion, demotion, or transfer; layoff, recall, or termination; rates of pay, or other forms of compensation and selection for training. This policy also applies to the use of all facilities and participation in all City-sponsored employment activities. 4. It is the responsibility of the City Administrator and every supervisor to cooperate in the implementation of this policy. 5. Failure of any employee to perform in a manner consistent with this policy will constitute grounds for reprimand, suspension, demotion, or dismissal from the City's employ. DISCRIMINATION RECOURSE POLICY 29 3 of their jobs. Applicability Maintaining a respectful work environment is a shared responsibility. This policy is applicable to all City personnel including regular and temporary employees, volunteers, firefighters, and City Council members. Abusive Customer Behavior While the City has a strong commitment to customer service, the City does not expect that employees accept verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may defuse the situation themselves, including ending the contact. If there is a concern over the possibility of physical violence, a supervisor should be contacted immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area immediately when violence is imminent unless their duties require them to remain. Employees must notify their supervisor about the incident as soon as possible. Types of Disrespectful Behavior The following types of behaviors cause a disruption in the workplace and are, in many instances, unlawful: Violent behavior includes the use of physical force, harassment, or intimidation. Discriminatory behavior includes inappropriate remarks about or conduct related to a person's race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, or status with regard to public assistance. Offensive behavior may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disrespectful language, or any other behavior regarded as offensive to a reasonable person. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, taking into account the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the City, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the City Administrator. Sexual harassment can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 30 35 3. Such leave may be granted by the employer for extended illness of the employee's family, civic activities or other reasons deemed appropriate by the employer. 4. Request for leave must be made in writing on a Request for Leave form with full explanation and, if possible, submitted to the appropriate supervisor fourteen (14) days in advance of the leave date. 5. An employee on unpaid leave under this policy will be entitled to retain the employee's accrued leave and other benefits. The accrued leave and other benefits will be determined by the City as of the date the leave commences and may be used upon the employee's return. The employee will accrue no leave or other benefits for the period of time the employee is on leave. 6. An employee on an unpaid leave of absence may continue to participate in City insurance programs if such participation is permitted under the City's insurance policies. Such participation would be conditioned on the employee paying the entire premium for any insurance coverage the employee wishes to retain. Payment of the premium will be required effective as of the date the leave commences. 7. Service time will not accumulate during a general leave of absence of longer duration than one week. 8. Unauthorized absence from work by an employee for a period of three (3) working days will be considered by the City as a resignation without benefits. HOLIDAYS POLICY 1. The following days are observed as paid holidays: New Year's Day, January 1 Martin Luther King Jr. Day, the third Monday in January President's Day, the third Monday in February Memorial Day, the last Monday in May Juneteenth, June 19 Independence Day, July 4 Labor Day, first Monday in September Veteran's Day, November 11 Thanksgiving Day, the fourth Thursday in November The day following Thanksgiving Day Christmas Eve, December 24 Christmas Day, December 25 Floating Holiday, to be used at employee's discretion (must be used before the 31 BLANK PAGE 32 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES Wednesday, May 24, 2023 7:00 p.m. A. CALL TO ORDER: 7:02 PM B. ROLL CALL: GUSTAFSON X LEEHY_X MEYER WASSENBERG X WEHYEE X STAFF PRESENT: LINEHAN X C. APPROVAL OF AGENDA Administrator Linehan notes agenda item L. Closed Session and K. Adjournment were switched as adjournment should be after the closed session. Council has the correct printed version. D. PRESENTATION E. APPROVAL OF MINUTES: 1. May 3, 2023 City Council Special Meeting Minutes 2. May 3, 2023 City Council Workshop Meeting Minutes 3. May 10, 2023 City Council Regular Meeting Minutes Councilmember Leehy motions to approve the minutes; approved 4-0 F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through 5/17/23: $226,554.66 Payroll through 5/15/23: $17,278.96 Wire Payments through 5/15/23: $11,037.89 2. Approval of City License(s) 3. Appointment of David Simons as Senior Maintenance Worker 4. Community Development Coordinator/Planner Hannah Lynch – Six Month Step Adjustment 33 5. 2023 PMP – Materials Testing Contract 6. Summer Hours 7. Purchase of MPH Industries StreetScout Trailer Using State Contract Pricing 8. Lease of City Hall Copier/Scanner from Loffler The Council welcomes the new Senior Maintenance Worker David Simons. Senior Maintenance Worker David Simons introduces himself and thanks Council for the opportunity to work for the City of Falcon Heights. Councilmember Wassenberg is pleased to see the StreetScout Trailer on the Consent Agenda as a number of residents expressed concerns to him about speeding on certain streets in the City. He adds, study shows it can be an effective measure for speeding and is pleased with the cost effectiveness as well. Mayor Gustafson comments, summer hours will start on Tuesday, May 30. City Hall will be open Monday through Thursday from 7:30 AM to 5:00 PM and on Friday from 7:30 AM to 12:00 PM. He continues with stating that materials testing is being done for the 2023 PMP project, to ensure compliance and to move the construction along as quickly as possible. Councilmember Leehy appreciates seeing the City working with Loffler for copier services. Speaking from previous office experience, she states Loffler is a reputable service agent. Administrator Linehan explains, staff researched fiscally responsible copier options. The City will be getting the copier for state pricing, while also receiving Loffler’s services. Linehan continues, the City used to own its own StreetScout trailer, but technology has improved significantly over the years. This trailer will be able to track very advanced matrix and Public Works is able to collect data through Bluetooth. The purchase of a StreetScout trailer will be no more than $10,000, although it was not budgeted for in our capital plan. Funds would come from Public Safety Capital Fund (402), which has a fund balance of $32,652 from the sale of fire equipment. Lastly, Linehan is excited to add Senior Maintenance Worker David Simons to the Public Works department. His experience and knowledge stood out amongst candidates. Councilmember Wehyee motions to approve the consent agenda; approved 4-0 H. POLICY ITEMS: I. INFORMATION/ANNOUNCEMENTS: Councilmember Wassenberg states, the Spring Together event on May 20th was very successful and enjoyable. There was great interaction between residents, staff, councilmembers. organizations and commission members. Councilmember Leehy comments she unfortunately was unable to attend due to other responsibilities, but is pleased to see it was a successful event and the increase of attendance. 34 Administrator Linehan adds, there were over 200 attendants and around 265 ice cream treats were handed out. Councilmember Wehyee attended the Spring Together event with his family and greatly enjoyed the event. He added there was participation from surrounding cities as well. Mayor Gustafson adds it was a great event. He appreciates the feedback received on various City projects. The Planning Commission had their meeting the night before on May 23, and there was a presentation by the City Attorney regarding the Cannabis legalization and how licensing and regulations will work once legal. Lastly, Mayor Gustafson notes the next City Event will be Ice Cream Social on Thursday, July 20. Administrator Linehan thanks staff, commissioners and councilmembers who participated in the Spring Together event. Linehan received an update on the Cleveland Avenue Reconstruction Project. He was surprised to see the amount of work being done on Larpenteur Ave, which was not included in the original project plans. The County is installing a retaining wall and fence along Larpenteur Ave., between Cleveland Ave. and Gortner Ave. The retaining wall has been built and once the sidewalk and fence are reinstalled, Ramsey County will be reopening the closed lane on Larpenteur Ave., apart from the intersection. Public Works has the contractor Uppercut performing routine tree trimming throughout the City. Regarding the Policing Contract, Consultant Bostrom and Administrator Linehan have finalized briefing materials to solicit responses from other agencies and they have set up meetings with the two preferred agencies. Finally, the City has hired additional staff. An Administrative & Inclusions Intern, Fredi Ponce Parra, who started this week. Fredi is a junior at the College of St. Benedict and St. John’s University, studying for a bachelor’s degree in Political Science. A Seasonal Laborer was also hired. Henry Thomas is a senior at Roseville Highschool and will be graduating soon. Lastly, the City is recruiting more residents to join the State Fair Task Force. The goal is to appoint and start the Task Force in June. Councilmember Leehy wants to alert everyone about the Kickoff to Summer at the Fair, she believes the attendance will be much higher than last year. Administrator Linehan comments, the City put out a notice regarding the event on Social Media to make residents aware. Parking on Fairgrounds will be free, with the hopes of keeping all attendants within the Fairgrounds property. Attendees were asked not to park in the adjacent neighborhoods. 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. Kim Schudy – 1381 California Ave W. Good Evening Mayor, Councilmembers and staff. Me and my husband reside at 1381 California Ave W. Additionally, I have lived in the Como Neighborhood over 45 years. I would like to bring attention to the parking challenges residents face every year during the State Fair and request for purposeful action and dialogue to begin. A short list of issues: 35 - Parking is restricted to one side of the street during the fair. Last year, people were parked solidly in all directions on the street starting at 5:30AM until after 11:00PM every day. If you own a one car garage, you’re out of luck trying to find a parking spot for your second car. - The driving challenges are multilevel and the consequences are serious resulting in accidents and personal injury. Cars are densely packed and if you need to make a turn at an intersection it is dangerous as cars overlap corners and obstruct the point of direction for drivers. - Additional challenges also include, building construction trucks, roofing companies parking their dumpster, lawn services with large trailers all of which can occupy the space of three cars. There are also commercial delivery vehicles driving up and down streets with one lane of traffic available, mail services and restaurant deliveries as well. The motor coaches also run on Hamline Ave. between 5:30AM until 11:00PM carrying Park & Ride visitors and these vehicles are large. - Cars speed up and down streets running stop signs looking for a parking spot. If you’re trying to cross with your dog, you can forget about it or any of the older residents in the neighborhood avoid trying to cross the street. The south section of Falcon Heights is much older than the north section and the streets are far narrower. I come here to ask, does the City really need a State Fair Task Force to begin to address residential parking issues and safety issues during the fair. These are very real and serious issues around public safety and communities now more than ever given the rising increase of gun violence which I may add, the Fair couldn’t even manage or control last year themselves. In closing and with all due respect, residential neighborhoods should not have to rely on the Minnesota State Fair and the City of Falcon Heights to maintain end ensure safety for their residents. The ideas neighbors and myself have been talking about for years are requests for no parking signs posted that prohibit parking from 10:00PM to 7:00AM in specific areas. Another idea is parking by permit only and the third idea is permit pass made available to homeowners for a fee. Thank you for your time. K. CLOSED SESSION: 1. Annual Performance Evaluation for City Administrator Jack Linehan - Pursuant to Minn. Stat. 13D.05, subd. 3(a). Mayor Gustafson states, the City Council will be going in to Closed Session pursuant to Minnesota Statute 13.D.05 3(a) – “to evaluate the performance of an individual who is subject to its authority.” The topic of discussion will be the annual performance evaluation of City Administrator Jack Linehan. State Statute requires a performance evaluation to be an open meeting at the request of the subject of the meeting, which City Administrator Linehan has declined. Following Closed Session, there will be no formal action or business by the City Council other than the adjournment of the meeting. The adjournment vote will be open to the public but will not be televised on NineNorth. At our next open meeting, the City Council will summarize the conclusions regarding the evaluation pursuant to State Statute. Do I have a motion to enter closed session? Councilmember Wassenberg motions to enter closed session; approved 4-0 L. ADJOURNMENT: 9:47 PM Councilmember Wehyee motions to adjourn; approved 4-0 36 _______________________________ Randall C. Gustafson, Mayor Dated this 24th day of May, 2023 _________________________________ Jack Linehan, City Administrator 37 BLANK PAGE 38 CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue MINUTES June 7, 2023 6:30 P.M. A.CALL TO ORDER: 6:51 PM B.ROLL CALL:GUSTAFSON_ X LEEHY_ X _ MEYER_X WASSENBERG WEHYEE_ X _ STAFF PRESENT: LINEHAN_ X_ VAN DER WERFF_ X C. POLICY ITEMS: 1.Law Enforcement Contract Discussion Administrator Linehan provides an update on the search for a new law enforcement partner. He stated himself and Consultant Bostrom have scheduled discussions with nearby policing agencies. The City Council discussed the current options for policing services. 2. State Fair Task Force Administrator Linehan asks Council about next steps for the Task Force. The City received a number of applications and the State Fair is happening soon. He asks if Council would approve of appointing the applicants we have right now, most of whom live in the Northome neighborhood. He believes it’s harder to gather applicants from other neighborhoods as they are not impacted as much as residents in neighborhoods adjacent to the State Fair. Councilmembers discussed how many applicants they should appoint to ensure there is always a quorum. With a Task Force, a quorum is not needed to have a meeting and discuss ideas. The Council would still have a final say, as the Task Force will be working in an advisory capacity to the Council. Mayor Gustafson comments the City can appoint every applicant to the Task Force and have them select their chair, vice chair and minute taker. It would be beneficial to get started with some plans prior to the State Fair. Administrator Linehan states he will be reaching out to all applicants to get them appointed at the next Council Meeting. He will be the facilitator at the Task Force meeting. Councilmember Meyer asks if there is any participation from the State Fair. 39 Administrator Linehan answers that is something he wants to discuss with the new CEO. He does not want to rush this Task Force. He wants to get it started prior to the Fair, so the Task Force might be able to recommend some temporary regulations. The Task Force will continue to meet during and after the Fair, in order to be able to make recommendations for next year. Councilmember Leehy wants to make sure that parking is made available to residents on Hoyt. They are impacted heavily during the Fair. This needs to be an early agenda item for the Task Force. 3.Juneteenth / CROWN Act Personnel Policy Changes Administrator Linehan explains that CROWN Act stands for “Creating a Respectful and Open World for Natural Hair”, which bans racial discrimination based on hair. Juneteenth is set to become a federal holiday. After Governor Walz signed a bill making Juneteenth a state holiday in 2024, cities are having discussions on having it becoming a holiday this year. Administrator Linehan discusses with Council that he would like to declare June 19, 2023 as Juneteenth Day in Falcon Heights and to have City Hall closed during that day. He also would like to add the CROWN Act and the Juneteenth Holiday to the Personnel Policy. Councilmember Wehyee asks if Juneteenth and the CROWN Act can be made into a Policy Item instead of being on the Consent Agenda to bring more prominence to each item. Mayor Gustafson suggests to have the items as a presentation on next week’s agenda. Council discussed if the two items should be two separate resolutions. City Administrator Linehan adds, they can both be a separate presentation and have a vote attached to it. For example, like the Audit presentation. Both items are impactful and should receive the attention they deserve. Council decided that both items will be a separate presentation at next week’s Council Meeting. 4.THC Moratorium Extension Administrator Linehan explains that with the legalization of Adult-use cannabis, legal sales and the licensing process are expected to begin January 2025 upon establishment of the Minnesota Office of Cannabis Management. He requests to have the current moratorium in place extended and to wait for more regulations to roll out and the establishment of the cannabis agency. Council agrees with this request and believes more discussion is needed. D.ADJOURNMENT: 8:05 p.m. DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the meeting. Alternatively, time is regularly allotted for public comment during Regular City Council Meetings (typically 2nd and 4th Wednesdays) during the Community Forum. 40 _______________________________ Randall C. Gustafson, Mayor Dated this 7th day of June, 2023 _________________________________ Jack Linehan, City Administrator 41 BLANK PAGE 42 43 44 45 46 47 48 49 50 51 52 53 54 55 BLANK PAGE 56 Item City Administrator Jack Linehan Performance Evaluation Description Jack Linehan, City Administrator was hired May 2, 2022. In accordance with the employment agreement with Administrator Linehan, the City Council members are to annually review the job performance and compensation. The City Council completed the 2022-2023 performance review and submitted the forms to the Mayor. The City Administrator's Performance Evaluation covers 50 scored questions and four narrative evaluation questions. Each of the ten categories of evaluation criteria contains five statements to rate performance on this scale: 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) The Council expressed satisfaction with Mr. Linehan’s service to the City of Falcon Heights. The cumulative Administrator Performance score was 4.875. Administrator Linehan has done an excellent job during his first year in this important role for our city. He has consistently demonstrated an ability to understand community needs, issues and expectations based upon research, empathy, professional experience, and clear communication. Mr. Linehan has provided guidance and service that has kept our community moving forward at a pace to keep Falcon Heights a positive place to live, work, and raise a family. Challenges faced this first year included negotiating the purchase of Community Park from the University of Minnesota; welcoming residents to Amber Union; initiating a professional review of our law enforcement services; improving citizen communication channels; adding online services for efficiency; addressing State Fair impacts; resolving issues surrounding the Garden Avenue rebuild and sidewalk; and the hiring of multiple staff Meeting Date June 14, 2023 Agenda Item Policy F2 Attachment Consent Submitted By Randy Gustafson, Mayor 57 including an Assistant to the Administrator, interim Public Work Director, Community Development and Planner, Administrative and Communications Coordinator, Administration Intern, Inclusion Intern, and Senior Public Works Worker. Working with our Finance Director and the Council, Mr. Linehan’s first budget, in an inflationary economy, met community needs and expectations with the lowest levy increase of all cities in Ramsey County. Following this review, it is the practice of the City for the Mayor to discuss the performance review results with the City Administrator, and address an increase to the base salary and other compensation issues. Budget Impact Funds have been allocated for the 2023 Budget. Attachment(s) • Addendum #1 to 2022 Employment Agreement Action(s) Requested I recommend that the Falcon Heights City Council approve a step increase of 5% to base salary, and amend the 2022 Employment Agreement as follows: • Provision 8: Cell phone reimbursement of $60/month. • Provision 12: Vehicle allowance of $200/month. • Provision 16 Termination Benefits to change the four-month provision to six-months. These changes are made in Addendum #1 to the 2022 Employment Agreement and are effective May 2, 2023. 58 EMPLOYMENT AGREEMENT AGREEMENT made this _____ day of ______________, 2022, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("Employer"), and JACK LINEHAN ("Employee"). The parties agree as follows: 1.POSITION. Employer agrees to employ Employee as its City Administrator. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2.PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or an alternate pension plan, if selected by Employee, authorized by State law. 3.SALARY. Employer shall pay Employee a salary of $110,000.00 per year commencing May 2, 2022. Employee’s salary may be adjusted thereafter from time to time by the City Council without amending this Agreement. The City will provide Employee an annual performance review. 4.SICK LEAVE. Employee shall accrue sick leave in accordance with the City's personnel policies. 5.VACATIONS. Effective upon Employee's first day of employment, Employee shall be credited with twelve (12) days of accrued vacation leave. Thereafter, Employee shall accrue vacation leave in accordance with the City's personnel policies. 6.HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other non-union employees. 59 7. GENERAL INSURANCE. Employer shall provide Employee the same group insurance benefits as provided to all other non-union employees. 8. CELL PHONE. The city shall reimburse Employee per Non-Union City Employee per City Policy$60 per month. 9. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee which are deemed reasonable and necessary for Employee's continued participation in national, regional, state and local associations necessary and desirable for Employee's continued professional participation, growth and advancement, e.g. International City/County Management Association, Minnesota City/County Management Association, League of Minnesota Cities. 10. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay necessary and reasonable registration, travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shall use good judgment in Employee’s outside activities so Employee will not neglect the primary duties to the Employer. 11. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate by Employee and Employer; and at Employer's expense. 12. AUTOMOBILE. Employee shall be paid on a reimbursement basis$200 per month for the use of Employee’s personal automobile for Employer business. Mileage shall be 60 submitted on a quarterly basis. Reimbursement shall be based on the current IRS mileage reimbursement rate. 13. GENERAL EXPENSES. Employer shall reimburse Employee reasonable miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 14. HOURS OF WORK. It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself/herself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 15. OTHER CONDITIONS OF EMPLOYMENT. The City’s ordinances, City Employee policies, and City Employee Handbook, as may be amended from time to time, are all incorporated herein except to the extent that they conflict with this Employment Agreement. 16. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee four six (6)(4) months salary, payable on a bi-weekly basis, and to continue to provide and pay for the benefits set forth in paragraph 8 7 for a period of four six (6) (4) months following termination. However, in the event Employee is terminated because of his/her malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. 61 If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non- union employees, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that he/she resign, then Employee may, at his/her option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer forty-five (45) days advance notice. If Employee voluntarily resigns his/her position with Employer, no termination benefits shall be paid to Employee. If Employee does not give Employer at least forty-five (45) days advance notice of Employee’s resignation, Employee will not be paid any accrued and unused sick and vacation leave pay otherwise payable to Employee. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his/her position with Employer, subject only to the provisions of this Agreement. 62 IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and City Clerk, and Employee has signed this Agreement, in duplicate, the day and year first written above. CITY OF FALCON HEIGHTS BY: _______________________________ Randall C. Gustafson, Mayor AND ___________________________________ Interim City Administrator/City Clerk EMPLOYEE __________________________________ Jack D. Linehan 63 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”), entered into this __ day of ________________, 2023, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (“City”) and JACK LINEHAN (“Employee”). RECITALS WHEREAS, the City of Falcon Heights entered into an Employment Agreement with the Employee dated March 15, 2022 (“Agreement”); WHEREAS, the City desires to amend the terms of the Agreement. NOW, THEREFORE, for good and valuable mutual consideration, and with the intent of being legally bound, City and Employee agree as follows: 1. Paragraph 3 of the Agreement is amended to read as follows: 3. SALARY. The City shall pay Employee a salary of $____________ commencing May 2, 2023. Employee’s salary may be adjusted thereafter from time to time by the City Council without amending this Agreement. The City will provide Employee an annual performance review. 2. Paragraph 8 of the Agreement is amended to read as follows: 8. CELL PHONE. The City shall reimburse Employee $60 per month. 3. Paragraph 12 of the Agreement is amended to read as follows: 12. AUTOMOBILE. Employee shall be paid $200 per month for the use of Employee’s personal automobile for City business. 4. The first paragraph of Paragraph 16 of the Agreement is amended to read as follows: 16. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee for six (6) months’ salary, payable on a bi-weekly basis, and to continue to provide and pay for the benefits set forth in Paragraph 7 for a period of six (6) months following termination. However, in the event Employee is terminated because of Employee’s malfeasance in office, gross misconduct, conviction for a felony, or conviction of an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. 64 5. The terms of the Agreement shall remain in full force and effect except as specifically amended herein. IN WITNESS WHEROF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF FALCON HEIGHTS By: _____________________________________ Randall C. Gustafson, Mayor AND:_____________________________________ Jack D. Linehan, City Administrator/City Clerk EMPLOYEE: ____________________________ Jack D. Linehan 65 BLANK PAGE 66 Item Safe Step LLC Sidewalk Saw-cutting Quote Description Saw-cutting sidewalk is a quick and low cost way to address uneven sidewalk without requiring full replacement of the sidewalk. The City’s contract, Safe Step LLC, will perform saw cutting along California, Idaho and Iowa. This will address trip hazards on each section from Arona to Hamline. The total cost of the proposed work is $10,000 for 2.11 miles of saw-cutting. Budget Impact Funds available for this service. Attachment(s) Quote Action(s) Requested Motion to award saw-cutting proposal to Safe Step LLC to begin sidewalk repairs. Meeting Date June 14, 2023 Agenda Item Consent G3 Attachment Quote Submitted By Colin Callahan, Interim Public Works Director 67 Presented to: Colin Callahan City of Falcon Heights Falcon Heights 2023 Sawcutting Project May 19, 2023 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. Sidewalk Repair Proposal 68 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 1 Introduction May 19, 2023 Colin Callahan City of Falcon Heights 2077 Larpenteur Ave West Falcon Heights, Minnesota 55108 Colin, Thank you for the opportunity to present this proposal for sidewalk trip hazard repair. Reframe 1. The City of Falcon Heights has requested Safe Step LLC evaluate sidewalk segments, identified by the City of Falcon Heights, in priority order for $10,000.00 in sawcutting. 2. Upon reaching the budget, the evaluation will continue until all the area has been evaluated. 3. Safe Step LLC will evaluate sidewalks for defects that present a trip hazard and are appropriate for saw-cutting repair based on the identification criteria on page 4. 4. Safe Step LLC will also evaluate sidewalks for defects that are not appropriate for saw-cutting repair and will require alternative repair methods. Notable Proposal Contents • Page 2: Execution Strategy • Page 3: Priority Areas Map • Page 4: Evaluation Criteria • Page 7: Proposal Acceptance Please let me know if you have any questions. We look forward to serving your needs. Cohl Kerkau Project Manager PO Box 411 Hortonville, WI 54944 612.910.4354 cohl@notrippin.com 69 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 2 Execution Strategy Based on our discussions, Safe Step will execute the project as follows: 1.Confirm sidewalk evaluation area and defect identification criteria (enclosed) 1.Page 3 of this proposal contains the sidewalk areas and the priority in which they should be evaluated and repaired. 2.Page 4 of this proposal contains the defect identification criteria that will be used to evaluate the sidewalks. 2.Evaluate current sidewalk conditions 1. Safe Step LLC will evaluate the sidewalk locations in the priority order until the budget is met. 2.Identified defects will be recorded along with the measurement, address, approximate GPS coordinates, important notes, and a photo of the defect. 3.Deliver evaluation results 1.Following the completion of the evaluation, Safe Step LLC will provide the sidewalk defect data through a proprietary online tool called Sidewalk Central™. This data includes locations, descriptions, suggested repair types, and photos of each defect identified. 2.Sidewalk Central™allows you to review, make notes, and confirm the preferred repair type for each defect. 4.Perform repairs 1.After you review and confirm the repair locations, we will schedule a timeframe to begin repairing the identified saw-cutting locations. 2.All saw-cutting repairs will be done in accordance with "The Safe Step LLC Approach" outlined on page 5 of this proposal. 3.Sidewalk Central™allows you to monitor the saw-cutting in real-time, providing defect completion status as well as repair photos and timestamps for quality assurance. 5.Provide documentation 1.At the conclusion of the project, we will provide a final report of saw-cut locations repaired including the displacement measurements, address, approximate GPS coordinates, and important notes. 70 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 3 Priority Areas Map Survey Area and Priorities 1. Priority 1: Red (.70 Miles) 2. Priority 2: Yellow (.70 Miles) 3. Priority 3: Green (.71 Miles) 4. Total Miles: 2.11 Map Data: Google 71 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 4 Sidewalk Evaluation Criteria 72 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 5 The Safe Step Approach Specifications 1. Repairs will be tapered to a 1:12 slope ratio and taken to a zero point of differential between adjoining sidewalk panels along the full width of the sidewalk, in accordance with ADA standards. 2. Repairs shall have a smooth and uniform finish with a coefficient of friction meeting OSHA requirements and shall not impact adjoining sidewalks, driveways, landscaping, or other objects within the vicinity of the work. 3. In instances where sidewalk conditions do not permit a 1:12 slope ratio, repairs will be made with the shallowest slope possible for the given sidewalk condition. Clean-up 1. All saw-cutting will be performed without water-cooling; No slurry will be created eliminating the risk of “tracking” and run-off water contamination. 2. Saw mounted dust abatement systems will be used to minimize airborne dust. Containment systems are designed for fine dust applications. 3. Debris and concrete shall be cleaned from the sidewalk surface as well as surrounding rails, sidewalks, driveways, landscaping, or other objects within the vicinity of the work. Reporting 1. Upon completion of the project, Safe Step LLC will provide a detailed and audit-able report. This report will include the street address or location, dimensions, and GPS coordinates of each repair made. 2. An invoice for payment will be provided when the projected has been completed. Payment in full is due 30 days from the date of invoice. Late payments may be subject to a $30 re-billing fee. Safety and Insurance 1. Safe Step LLC employees who work directly in slab displacement repair undergo a rigorous training process with emphasis on safe work practices, OSHA-approved personal protection equipment, and quality workmanship. It is not uncommon for our clients to receive unsolicited compliments on our safety practices and the quality of the work performed. 2. Safe Step LLC is fully licensed and insured. Proof of auto, liability, and workers compensation insurance are available upon request. Proprietary Technology 1. Safe Step LLC is the only entity in Wisconsin, Northern Illinois, and Southeast Minnesota authorized to use the Precision Concrete Cutting method for removing sidewalk trip hazards as described by the following patent numbers: U.S. Pat. No. 6,827,074, U.S. Pat. No. 7,000,606, U.S. Pat. No. 7,143,760, U.S. Pat. No. 6,896,604, U.S. Pat. No. 7,201,644, U.S. Pat. No. 7,402,095. These patents refer to the equipment, methods, and dust abatement systems used by Safe Step LLC. A sole source letter is available upon request. 73 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 6 Our Result Before After Before After 74 Cohl Kerkau • Project Manager • 612.910.4354• cohl@notrippin.com •www.notrippin.com Information contained in this proposal is proprietary and confidential, and is to be used solely by City of Falcon Heights personnel in evaluating the project. Copying, unauthorized disclosure, reuse in any form is prohibited. 7 Proposal Acceptance Financial Parameters 1. Financial Parameters 1. The total cost of the reporting and saw-cutting repairs will not exceed $10,000.00 2. Safe Step LLC will accept full responsibility for any project cost overage, provided that the scope of the project is not altered once the project begins. Any requested change in scope will be fully discussed and approved by the City of Falcon Heights prior to the start of the work on the revised area. Proposal #: 201557 PO Number:PO Number (Optional) Cost: $10,000.00 Approved by:Approved by SIGNATURE Colin Callahan Title:Title Date SignedDate: For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the above signed hereby agrees to defend,indemnify, and hold contractor harmless with respect to any and all liability whatsoever arising from contractor’s activities in attempting to repair concrete sidewalk and other slabs owned by the above signed or within the above signed’s dominion and control,and to defend, indemnify, and hold harmless contractor with respect thereto. Use this form to provide us with any other information we may need to know. Client Notes: Signed: Billing Contact Name:Contact Billing Email Address:Email Does this project require prevailing wage?:Yes/No If this proposal is acceptable, please complete and sign below. We will contact you upon receiving this form to schedule your project. Due to the ongoing supply chain issues and labor availability, the pricing in this proposal is only valid until June 19, 2023. 75 SERVICES AGREEMENT SERVICES AGREEMENT (“Agreement” or Contract”) made this ________ day of ___________________, 2023, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("City") and SAFE STEP, LLC, a Wisconsin limited liability company ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant for _evaluation and repair of sidewalks. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; B. Insurance Certificate; C. Consultant’s Proposal #201557, dated May 19, 2023 for sidewalk trip hazard repair (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “C” having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal a not to exceed fee of Ten Thousand and No/100 Dollars ($10,000.00), inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 76 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non-contributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate with a deductible maximum of One Hundred Twenty-Five Thousand Dollars ($125,000). Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention to cancel this insurance. 77 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 78 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 20. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 2 1. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery, or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: City of Falcon Heights 2077 Larpenteur Ave. W. Falcon Heights, MN 55113 Attention: City Administrator 79 CONSULTANT: Safe Step, LLC 130 Industrial Park Ave. Hortonville, WI 54944 Attention: Cohl Kerkau Either party may change the designated recipient of notice by so notifying the other party in writing. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. [Remainder of page intentionally left blank] [Signature pages to follow] 80 Dated: _______________, 20__. CITY OF FALCON HEIGHTS BY: _____________________________________________ Randall C. Gustafson, Mayor AND:____________________________________________ Jack D. Linehan, City Administrator/City Clerk Dated: _______________, 20__. SAFE STEP, LLC BY: _____________________________________________ Print Name: Its: 81 BLANK PAGE 82 Item 2024 State Bonding Bill – Community Park Application Description Community Park is the largest park in Falcon Heights. It has been a central gathering place for residents and visitors for decades. The park has offered a variety of activities and amenities in the past, but after deterioration, it’s been more difficult to do that. Community Park has been in dire need for renovations for many years. The park building is unusable, with a breakage in the main sewer line then making the restrooms inoperable, and there is no drinking water available for anyone in the park. The playground, trails, and other amenities in the park are not ADA compliant and are in need of replacements and renovations as well. The City has not been able to host events in the park and provide as many programs as it used to. The lack of restrooms and drinking water make renting picnic structures and hosting evens at the park unappealing; and residents have to rely on other parks and neighboring cities that can accommodate their needs. Since the City did not own Community Park until this spring, significant improvements have not been made. The State’s Local Government Capital Budget Requests deadline is quickly approaching with June 16 being that date. If we receive funding from the State Bonding Bill, it would allow the city to make all of these needed replacements and renovations to make Community Park inclusive and also a place where community members can come together once again. Budget Impact Attachment(s) • 2024 Bonding Letter and Instructions • MN Bonding Request for Community Park Action(s) Requested Staff recommends that City Council passes Resolution 23-42 to submit the proposed Bonding Request for Community Park by the deadline of June 16. This would allow Falcon Heights to receive the funding necessary for replacements and renovations of Community Park. Meeting Date June 14, 2023 Agenda Item Policy H2 Attachment(s) MN Bonding Request for Community Park Submitted By Jack Linehan, City Administrator 83 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-42 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION IN SUPPORT OF STATE BONDING MONEY FOR FALCON HEIGHTS COMMUNITY PARK WHEREAS, parks are an essential part of our city; and WHEREAS, parks play a vital role in building healthy communities and in attracting much-needed younger workers and families and retaining retirees; and WHEREAS, Falcon Heights Community Park is the largest park in the city, accountable for over 55% of the city’s park space, and is considered a central gathering place for numerous community events in and around Falcon Heights; and WHEREAS, Falcon Heights had leased Community Park from the University of Minnesota for many decades; and WHEREAS, Falcon Heights closed on a transaction purchasing Community Park from the University of Minnesota; and WHEREAS, a 2014 report entitled Falcon Heights Park Improvement Study found, among other needs, the need to replace the park building, pavement, and basketball court in Community Park along with upgrading park amenities to make them accessible based on ADA guidelines; and WHEREAS, the 2014 report recommended potential improvement costs of up to $800,000; and WHEREAS, the condition of Community Park has steadily deteriorated since the 2014 report with no significant improvements made since then; and WHEREAS, Community Park is the central gathering point for most community functions and a social gathering point for many in the community and its’ adjacent communities; and WHEREAS, the Falcon Heights community, staff, and leadership are making strides to promote community cohesion and cultivating a caring community in the wake of the shooting and killing of Philando Castile in 2016 by our contracted police; and WHEREAS, further deterioration of the park and the possible closing of the park building and other amenities makes cultivating of a caring community and enhancing community cohesion efforts more difficult; and 84 WHEREAS, the project cannot be possible without the assistance of state bonding given the costs of the overall project, the size of our community, recent increases in taxes and levies, and our limited financing options. The City of Falcon Heights is committed to moving forward. NOW THEREFORE BE IT RESOLVED that the City of Falcon Heights hereby requests state bonding in the amount of $1,000,000 for improvements to Falcon Heights Community Park that include but are not limited to the following: full replacement of the park building, pavement, basketball court, tennis court, and walks and trails and upgrading the park amenities currently not considered accessible according to ADA guidelines. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - Moved by: Approved by: ________________________ Randy Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 85 1 Memo Date: May 15, 2023 To: Officials of Local Governments and Political Subdivisions From: Jim Schowalter, Commissioner RE: 2024 Capital Budget Instructions I am pleased to present the 2024 Capital Budget Instructions. All local unit of government and political subdivision capital project requests are due to Minnesota Management and Budget (MMB) through CBS by June 16, 2023, and final edits are due October 13, 2023. Prosperity and opportunity for all people in all parts of our state stems from the well-being of their community. While communities across Minnesota may look different, many share the same goals and face the same challenges. Governor Walz’s capital budget will continue to focus resources on the most critical projects and strategic investments across the state and give local leaders tools they need to succeed, with particular focus on projects that: • Address life and safety issues • Preserve existing infrastructure and repair existing facilities before starting new projects • Provide at least a 50% local match • Are proposed following community engagement • Have a local resolution of support from the governing body • Aid in making Minnesota the best state in the country for kids to grow up • Integrate climate preparedness and/or clean energy • Address and undo historical and systemic disparities and inequities, including those based on race, gender, veterans’ status, geography, and economic status Key dates • June 16, 2023 – All local unit of government requests are due to MMB through CBS. • July 17, 2023 – MMB submits all local unit of government requests and state agency preliminary requests to the Legislature. • October 13, 2023 – Final edits to local government requests are due to MMB. o Note: After June 16, send any edits or updates to MMB’s Capital Budget Coordinator, Marianne.Conboy@state.mn.us. • January 16, 2024 – Governor Walz submits his 2024 Capital Budget Recommendations to the Legislature and MMB publishes all requests. 86 2 How to Submit Your 2024 Capital Budget Request • Review the local government-specific Capital Budget Instructions posted on MMB’s Capital Budget Instructions website. The website also includes answers to frequently asked questions about bonding including allowable uses of general obligation bond proceeds. • Check your local government’s access to the Capital Budget System (CBS). If you have not yet verified access to CBS, email Budget.Finance.mmb@state.mn.us. • Review CBS training materials, including the User Guide and the new CBS training video, on the “System Training Materials” section of MMB's CBS website for details about how to use the system. New in 2024 • A new “Capital Request Form” (PDF) is available on MMB’s Capital Budget Instructions website to provide users the option to work on narratives and other information offline, before entry in CBS. • MMB will host a Q&A session for local governments on May 31 at 1 p.m. The session is designed to answer questions brought by local governments, after they have reviewed the 2024 Capital Budget Instructions, the FAQ website, and CBS training materials, including the training video. MMB will send a meeting invitation to CBS users. • Local governments that submit water infrastructure projects may be contacted for additional information about their project, in coordination with the Public Facilities Authority. Reminders Local governments should submit draft bill language for their requests using the “Upload Documents” screen in CBS by June 16. Local governments may choose to copy a previous year’s project request narrative by using the “Copy Previous Requests” function in CBS. As with all 2024 requests, project costs must be entered in July 2023 dollars to use MMB’s inflation schedule to add inflation costs. If a project from 2022 is copied over into 2024, you can escalate project costs by: • Identifying the 2022 project costs before inflation is included, which are in July 2021 dollars. • Adding 17% to those project costs, which brings amounts to July 2023 dollars. • Local units of government should either enter a mid-point of construction date in the Project Overview screen of CBS to add system-generated inflation or include inflation in the project costs and select the “Inflation Already Included” checkbox on the Project Overview screen. Updated construction inflation factor estimates are presented in Appendix 2 of the 2024 Local Unit of Government Capital Budget Instructions, based on various mid-point of construction dates. Do not use the capital budget request process for requests for assistance that could be funded through a state agency financial assistance program. If your request could be funded by an 87 3 existing state grant program (such as local bridge or road repair, infrastructure redevelopment, flood mitigation, water/wastewater treatment systems, historic preservation, or trails), you should submit your request directly to the state agency that administers the relevant grant program. Capital projects funded from state general obligation bonds must comply with the Minnesota Constitution, which limits funding to projects that are publicly owned and provide a public purpose, and applicable federal tax law. All project requests must come from a political subdivision. Private individuals, businesses, and nonprofit organizations are not eligible to receive state general obligation bond financing. Applicants should be aware that bond proceeds may only be used for qualified capital expenditures, such as predesign/design expenses, construction, and acquisition or improvement of specific tangible long-lived fixed assets. General operating expenses such as services, programs, strategic planning, master planning, and moving and relocation costs are not bond-eligible expenses. Expenses that are not bond-eligible can be submitted as part of your request, but if you desire state monies to pay for those expenses, you will need to request cash appropriations from the general fund or other state fund. Projects that are considered for state funding should come with substantial financial commitments from the local government. Because competition for limited state resources will be very strong, MMB encourages local governments to be selective in their requests and propose only the most important project(s) with clear regional or statewide significance. A 50% non-state match from local governments is normally required. Separately, full funding must be in place in order for state funds to be released for a capital project. Questions? If you have questions about the capital budget process, requirements, or due dates, please contact MMB’s Capital Budget Coordinator, Marianne Conboy (Marianne.Conboy@state.mn.us or 651-201-8189). If you have questions about CBS, including system access and system issues, please contact MMB Budget Operations (Budget.Finance.MMB@state.mn.us). Governor Walz and MMB appreciate your dedication in preparing timely and thoughtful requests. We look forward to discussing your projects. 88 89 90 91 92 93 94 95 96 BLANK PAGE 97 Item Appointment of State Fair Task Force Description Following the 2022 Minnesota State Fair, the City held a town hall meeting on September 21, 2022 and allowed residents to come and share their perspectives on what works—and what doesn’t—with the current approach to the State Fair. The last major revision to City policies and procedures occurred in 2007. Since that time, additional streets have been designated as permit parking only and minor revisions have been made to the map. At the October 5, 2022 City Council Workshop meeting, the Council suggested appointing a task force in 2023. The City Council approved the creation of the task force at the February 8, 2023 City Council meeting. It was determined that: • The goal of the task force would be to provide recommendations to the city council that: o Address the quality of life that residents experience as impacted by Minnesota Fairgrounds events; o Maintain positive relationships with our neighbors and community partners o Consider the impacts of decisions on all residents—including renters, seniors, minority populations and others—so that they are not negatively impacted by policies or procedures Following the creation of the task force, the City begun recruiting for interested members. We solicited applications through the following avenues: • Social Media • Over 15 weeks in the e-Newsletter • Spring 2023 Newsletter • Email to Neighborhood Liaisons in underrepresented neighborhoods • Personal requests to former Commissioners / neighborhood representatives in Meeting Date June 14, 2023 Agenda Item Policy C2 Attachment(s) Resolution Submitted By Jack Linehan, City Administrator 98 underrepresented neighborhoods. In total, the City received 11 applicants. Of those, nine live in Northhome and two live in Northeast Quadrant. One applicant in te Northeast Quadrant withdrew from the formal appointment due to scheduling conflicts, but has offered to review any proposed language changes in the background. At the June 7th City Council Workshop, the City Council has recommended appointing all of the interested members. They include: Name Neighborhood Ross Allard Northome Bob Tomlinson Northome Christian Ruud Northome Mona McGarthwaite Northome Rice' Davis Northome Tom Brace Northome Vickie Brand Northome Georgiana May Northome Paula Mielke Northeast Quadrant Jennifer Paulus Fairview, Lindig, Tatum (FLT) The Task Force is scheduled to meet the first and third Thursday of each month at 6:30, starting June 15th. Following the State Fair, the Task Force would meet monthly through its scheduled sunset date of December 31st or whenever final recommendations are made to the City Council. Budget Impact N/A Attachment(s) • Resolution 23-43 Action(s) Requested Staff recommends the City Council motion to approve the appointment of the listed member to the State Fair Policy and Procedures Review Task Force. 99 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 14, 2023 No. 23-43 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION APPOINTING STATE FAIR POLICIES AND PROCEDURES REVIEW TASK FORCE WHEREAS, the Council established the Falcon Heights State Fair Policies and Procedures Review Task Force on February 8, 2023; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: Appointment of the following name(s) to the Falcon Heights State Fair Policies and Procedures Review Task Force: 1. Ross Allard 2. Bob Tomlinson 3. Christian Rudd 4. Mona McGarthwaite 5. Rice’ Davis 6. Tom Brace 7. Vickie Brand 8. Georgiana May 9. Paula Mielke 10. Jennifer Paulus - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - Moved by: Approved by: ________________________ Randy Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 100