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HomeMy WebLinkAbout9-13-23 Regular Meeting CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA Wednesday, September 13, 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 E. APPROVAL OF MINUTES: 1. August 9, 2023 City Council Regular Meeting Minutes 2. August 9, 2023 City Council Special Budget Workshop #1 Minutes F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through 9/8/23: $541,224.72 a. Payroll through 8/31/23: $21,228.31 b. Wire Payments through 8/31/23: $13,460.97 2. City Licenses 3. Accept the Resignation of Mike Tracy from the Parks and Recreation Commission 4. Appointment of Mike Tracy to the Planning Commission 5. Accept the Resignation of Joel Gerich from the Planning Commission 6. 2023 Pavement Management Program Pay Estimate #3 7. Ordering of Cannabis Business Moratorium Extension Public Hearing 8. Acceptance of Donation from Falcon Heights / Lauderdale Lions Club H: POLICY ITEMS: 1. Ordinance Modifying Use of Tobacco, Cannabis and Hemp in City Parks. 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 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES Wednesday, August 9, 2023 7:00 p.m. A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GUSTAFSON_X_ LEEHY_X_ MEYER _X_ WASSENBERG _X_ WEHYEE_X_ STAFF PRESENT: LINEHAN_X_ C. APPROVAL OF AGENDA Councilmember Wehyee motions to approve the agenda; approved 5-0 D. PRESENTATION E. APPROVAL OF MINUTES: 1. July 26, 2023 City Council Regular Meeting Minutes Councilmember Leehy motions to approve the meeting minutes; approved 5-0 F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through 8/02/23: $234,016.96 Payroll through 7/31/23: $ 25,375.60 Wire Payments through 7/31/23: $14,909.84 2. City Licenses 3. Rehder Forestry Consulting Contract 4. Be Active! Be Green! Bench Initiative Contract Councilmember Wassenberg motions to approve the consent agenda; approved 5-0 Council requested more information regarding consent agenda item 4. Be Active! Be Green! Bench Initiative Contract. Administrator Linehan explains city staff submitted a grant application to Active Living Ramsey Communities to apply for park benches as part of their Be Active! Be Green! Bench Initiative. The City not only was awarded the grant, but will also be receiving more benches then initially applied for. A total of 7 benches will placed strategically within Community Park and 1 new bench will be placed by the basketball court at Curtiss Field. In exchange, the City must supply ADA concrete pads under the park benches and provide maintenance for the next twenty years. 3 Councilmember Wassenberg adds that the grant award comes at a great time. The Parks and Recreation Commission just completed their park audit, during which items in need of maintenance or improvement were noted. In particularly, benches needed maintenance. Council expressed their gratitude for City Staff and Ramsey County. H: POLICY ITEMS: 1. Appointment of Colin Callahan as Public Works Director Administrator Linehan states that after long-term public works director Tim Pittman retired in April of this year, Colin stepped up as the interim public works director. This seemed like a smart strategy. During the summer, Colin did a tremendous job of growing his skillset leading the department through a rare period of transition after decades of stability. With Colin as the director, the Public Works department will be in great hands. Therefore, staff recommends promoting Colin as the permanent Public Works Director. Councilmembers Leehy and Meyer motion to approve Resolution 23-53 Appointment of Colin Callahan to the position of Public Works Director; approved 5-0 I. INFORMATION/ANNOUNCEMENTS: Councilmember Meyer informed he had a great time at his Night to Unite block party and appreciates Administrator Linehan stopping by. He was excited to see how many block parties there were happening. Councilmember Wehyee has no updates. Councilmember Leehy visited a few block parties and extends her gratitude to all the residents who participated. Councilmember Wassenberg informed that the Parks and Recreation Commission met a couple of nights ago, during which they discussed park audit findings, the recent striping of the basketball court at Curtiss Field as well as reviewed some wording to restrict the use of cannabis in park spaces. Mayor Gustafson visited a few Night to Unite block parties and thanks all residents who participated. He adds that the Planning Commission will be meeting on the 22nd of August. They will be reviewing the upcoming Larpenteur-Snelling Corridor study. Administrator Linehan provides an update from the latest State Fair Task Force Meeting. On the third Thursday in September, they plan on having a Townhall meeting during which residents can provide feedback regarding changes implemented by the Task Force this year. During their last meeting, the Executive Director of the Como District 10 was invited to collaborate. They also discussed the difference between ticketing and towing. Staff is putting together a 2-page State Fair resource guide for residents and they will also be mailing out the State Fair parking passes. The City purchased temporary signs that will be placed around the neighborhoods 30 feet from stop signs. If found effective, permanent signs will be ordered and placed. The 2023 PMP is moving forward as scheduled and will be completed before the start of the State Fair. Administrator Linehan adds that not only was the court at Curtis Field striped, the court at the Grove was striped at the same time and this court now doubles as a pickleball court. Residents do have to bring their own net. 4 J. COMMUNITY FORUM: Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items. K. ADJOURNMENT: 7:24 PM Councilmember Wehyee motions to adjourn the meeting; approved 5-0 _______________________________ Randall C. Gustafson, Mayor Dated this 9th day of August, 2023 _________________________________ Jack Linehan, City Administrator 5 BLANK PAGE  6 CITY OF FALCON HEIGHTS City Council Special Budget Workshop #1 City Hall 2077 West Larpenteur Avenue MINUTES August 9, 2023 7:30 P.M. A. CALL TO ORDER: 7:32 P.M. B. ROLL CALL: GUSTAFSON__X__ LEEHY__X_ MEYER _X__ WASSENBERG_X__ WEHYEE_X__ STAFF PRESENT: LINEHAN__X_ C. POLICY ITEMS: 1. 2024 Proposed Budget a. 2024 Staffing Budget Proposal City Administrator Linehan presented the 2024 proposed budget for staffing. He stated that staffing, second only to our policing contract, constitutes the largest portion of our budget. For 2024, the proposal includes a modest 1.4% increase in the staffing budget, attributable mainly to a 4% cost-of-living adjustment (COLA) and several position changes. This increase has been mitigated by salary savings, especially from the replacement of higher-earning senior employees with new hires. Highlights of the proposed 2024 staffing budget include: 1. Departmental Updates Administration: • Promotion of Assistant to the City Administrator to Administrative Services Manager. • Reduction in part-time intern hours. • Step adjustments at six and 18 months for multiple employees. Finance: • Six-month and 18-month step adjustments for part-time accountant • Performance-based increase for Finance Director in Q3 or Q4 2023. Public Works / Parks: • Continuation of 4.0 FTEs. The department currently has a budgeted unfilled full- time maintenance worker that is scheduled to be recruited this fall. The department has been operating on 3.5 FTEs with the full-time vacant maintenance worker being filled by a part-time seasonal laborer this summer. 7 o We may consider hiring a part-time seasonal snow plow driver rather than FT maintenance worker if candidates aren’t satisfactory • 12-month increase for Public Works Director. 2. Cost-of-Living Adjustment The second major proposal is a cost-of-living adjustment of 4%. In an analysis of other metro cities, it appears 3%-4% is standard across the board, with more communities skewing towards 3%. As we continue to consider revising our compensation schedule, it is important we stay competitive with COLA increases. The below chart shows the total financial impact of multiple cost-of-living adjustments: COLA 0% 2% 3% 4% 5% General Fund – Salary Only $586,281 $596,848 $602,131 $607,414 $612,697 Total Compensation* – All Funds $968,635 $986,473 $995,392 $1,004,312 $1,013,321 Total Comp – Budget Increase – All Funds $17,838 $26,757 $35,677 $44,686 *Includes compensation of all employees, plus PERA + FICA contributions Mayor Gustafson stated that there is not a major difference between 3% and 5%, and that we have long noted that our staff are not compensated in-line with other municipalities in our region. Council Member Leehy stated that she supports the 4% increase. Council Member Meyer concurred. Following the discussion on staffing, Linehan gave an overview of proposed changes to our benefit offerings. The City currently offers health insurance, with 75% of the premium paid by the employer for family, 100% for single, and the City compensates employees $283.86 per month to opt-out. The City Council discussed the possibility of increasing the employer contribution for family plans to 80%. The City’s dental, disability and life insurance policies are offered as a rider to Ramsey County’s employee plan. This summer, Ramsey County notified the communities that use their plans (Falcon Heights, Lauderdale and Shoreview) that they will no longer be offered these insurance plans in 2024. We are working on bringing in a broker to offer these insurances at a competitive rate to our employees. It is assumed by us that costs will increase as a result of the change. City Administrator Linehan finished the presentation by stating that the proposed changes for 2024 are aligned with our commitment to maintaining quality services while remaining fiscally responsible. Although the short-term impacts on the budget are minimal, certain decisions may have a longer-term influence. 8 The City Council’s insights and guidance on proceeding with these salary and benefit alterations are highly recommended. D. ADJOURNMENT: 9:34 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. 9 BLANK PAGE  10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 BLANK PAGE  30 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Approval of City License(s) Description The following individuals/entities have applied for a Multifamily Rental Dwelling License for 2023. Staff have received the necessary documents for licensure. 1. Jian An Liu; 1496 Larpenteur Ave. W. Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends approval of the City license applications contingent on background checks and fire inspections as required. Meeting Date September 13, 2023 Agenda Item Consent G2 Attachment N/A Submitted By Kelly Nelson Assistant to the City Administrator 31 BLANK PAGE  32 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Resignation of Mike Tracy from the Parks and Recreation Commission Description Mike was appointed in 2022 and has been a great addition to the Parks and Recreation Commission. Mike would like to now shift over to serve on the Planning Commission, where he can bring his knowledge and experience from working in real estate. Staff would like to thank Mike Tracy for his commitment and time to the Parks and Recreation Commission! Budget Impact N/A Attachment(s) • Resignation letter from Mike Tracy • Resolution 23-57 Resignation of Mike Tracy from Parks and Recreation. Action(s) Requested Staff recommend approval of attached resolution, accepting the resignation of Mike Tracy from the Parks and Recreation Commission. Meeting Date September 13, 2023 Agenda Item Consent G3 Attachment Resignation Letter; Resolution 23-57 Submitted By Kelly Nelson, Assistant to the City Administrator 33 From:Mike Tracy To:Hannah B. Lynch Cc:Scott Wilson; Kelly Nelson Subject:Re: Planning Commission Appointment Date:Wednesday, August 23, 2023 9:37:17 AM Caution: This email originated outside our organization; please use caution. This is to acknowledge that I will be resigning from the Park Commission so that I maythen serve on the Planning Commission.Please reply with any questions. Thanks, Michael Tracy, MA Realtor and Property Manager since 1988.NATIONAL REALTY GUILD Home 1998 Garden Ave Falcon Heights MN 55113 Please review this disclosure. Agency Relationships in Real Estate TransactionsServing Anoka, Carver, Dakota, Hennepin, Ramsey, and Washington Counties since 1988. America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves. Abraham Lincoln, founder of the Conservative Republican Party. On Wed, Aug 23, 2023 at 7:58 AM Hannah B. Lynch <hannah.b.lynch@falconheights.org>wrote: Good morning Mike, I spoke with the Mayor last night and he believes you would be a great fit for the PlanningCommission. Are you able to send over a resignation letter for the Parks and RecCommission and we can get that and your appointment to the PC on the Sept. 13 CityCouncil meeting? Thank you! Hannah B. Lynch 34 Community Development Coordinator / Planner City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Direct 651-792-7613 "The City that Soars" “Families, Fields and Fair” 35 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 13, 2023 No. 23-57 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ACCEPTING THE RESIGNATION OF MIKE TRACY FROM THE FALCON HEIGHTS PARKS AND RECREATION COMMISSION WHEREAS, the City appointed Mike Tracy as a member of the City of Falcon Heights Parks and Recreation Commission in 2022; and WHEREAS, on August 23, 2023 Mike communicated his intent to resign his duties from the Parks and Recreation Commission effective immediately; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the resignation is accepted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator WEHYEE WASSENBERG 36 BLANK PAGE  37 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Appointment of Mike Tracy to the Planning Commission Description City Staff and the Planning Commission Chair have interviewed and recommend Mike Tracy for the Planning Commission. Mike Tracy has previously served on the Falcon Heights Planning Commission from 1996 to 2007, and the City of Roseville Planning Commission from 2008 to 2016. Recently, he has also served on the Falcon Heights Parks and Recreation Commission. Mike’s incredible knowledge of local government and work in real estate agent will make him a valuable asset to the Falcon Heights Planning Commission. Budget Impact N/A Attachment(s) • Commission Application • Resolution 23-58 Appointment of Mike Tracy to the Planning Commission Action(s) Requested Staff recommends approval of attached resolution appointing Mike Tracy to the Planning Commission. Meeting Date September 13, 2023 Agenda Item Consent G4 Attachment Application and Resolution 23-58 Submitted By Hannah Lynch, Community Development Coordinator 38 39 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 13, 2023 No. 23-58 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING MIKE TRACY TO THE PLANNING COMMISSION WHEREAS, the Planning Commission shall be the municipal planning agency authorized by Minnesota Statutes § 462.354, subd. 1; WHEREAS, the Planning Commission serves in an advisory capacity to the City Council on all policy matters relating to City planning, zoning, and land use; WHEREAS, City Staff and Commission Chair have interviewed, and the Mayor has reviewed, Mike Tracy’s application and recommend appointment to the Falcon Heights Planning Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment of Mike Tracy to the Falcon Heights Planning Commission is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE WASSENBERG 40 BLANK PAGE  41 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Resignation of Joel Gerich from the Planning Commission Description Joel was appointed in 2019 and has been a wonderful addition to the Planning Commission. He has brought excellent knowledge and experience and has worked tirelessly as Secretary for the Commission. Staff and Commissioners would like to thank Joel for his contributions to the Planning Commission and wish him well as he moves on to new endeavors. Budget Impact N/A Attachment(s) • Resignation letter from Joel Gerich • Resolution 23-59 Resignation of Joel Gerich from the Planning Commission Action(s) Requested Staff recommends approval of attached resolution, accepting the resignation of Joel Gerich from the Planning Commission. Meeting Date September 13, 2023 Agenda Item Consent G5 Attachment Resolution 23-59 Submitted By Hannah Lynch, Community Development Coordinator 42 August 15th, 2023 Mayor Gustafson Falcon Heights City Hall 2077 Larpenteur Avenue W Falcon Heights, MN 55113 Dear Mayor Gustafson and City Council, I am writing to inform you of my resignation from the Falcon Heights Planning Commission, effective September 8th, 2023. My resignation is due to a move outside of the city, leaving me ineligible for service. I would like to thank the Council as well as present and past members of the Planning Commission for the opportunity to serve on the Commission for the last three and a half years. Falcon Heights is a great city with a bright future, and I will miss living here. Thank you for your understanding, and I wish the City and its staff continued success in their efforts to serve the community. Sincerely, Joel Gerich 43 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 13, 2023 No. 23-59 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION ACCEPTING THE RESIGNATION OF JOEL GERICH FROM THE FALCON HEIGHTS PLANNING COMMISSION WHEREAS, the City appointed Joel Gerich as a member of the City of Falcon Heights Planning Commission in 2019; and WHEREAS, on August 22, 2023, Joel communicated his intent to resign his duties from the Planning Commission effective immediately; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the resignation is accepted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan LEEHY ____ Against City Administrator WEHYEE WASSENBERG 44 BLANK PAGE  45 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Request approval of Pay Estimate #3 for the 2023 Pavement Management Description Pay Estimate #3 is attached for the work on the 2023 Pavement Management Project. It is in the amount of $282,509.35 and includes the following work: • Asphalt Paving • Boulevard Restoration • Pavement Markings The project engineer and contractor have reviewed and approved the estimate, and it is submitted for Council approval. With this pay estimate, the total amount paid to date is $1,045,734.81 or 89.42% of the contract price. Budget Impact This project has the following financial implications for the City and property owners along the streets under this maintenance project: • Assessments levied in accordance with the City’s assessment policy. • Use of Municipal State Aid (MSA), CRRSAA and street infrastructure funds to pay the City’s portion of the project. • Expenditure of storm and sanitary sewer fund dollars to pay for repairs needed to the existing utility system. Attachment(s) Pay Estimate #3 Action(s) Requested Motion to approve Pay Estimate #3 for the 2023 Pavement Management. Meeting Date September 13, 2023 Agenda Item Attachment Pay Estimate #3 Submitted By Stephanie Smith, Interim-City Engineer 46 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 1 of 8 Contract Number: FH23-01 Pay Request Number: 3 Project Number Project Description FH23-01 Falcon Heights 2023 Pavement Management Project Contractor: Northwest Asphalt, Inc. Vendor Number: N/A 1451 Stagecoach Rd Up To Date: 09/05/2023 Shakopee, MN 55379 Contract Amount Funds Encumbered Original Contract $1,301,092.25 Original $1,301,092.25 Contract Changes $-70,047.98 Additional N/A Revised Contract $1,231,044.27 Total $1,301,092.25 Work Certified To Date Base Bid Items $1,100,773.48 Change Order Items $0.00 Material On Hand $0.00 Total $1,100,773.48 Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date $297,378.28 $1,100,773.48 $55,038.67 $763,225.46 $282,509.35 $1,045,734.81 Percent: Retained: 5% Percent Complete: 89.42% This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the above-mentioned projects in accordance with the plans and specifications heretofore approved. Approved By: Approved By: [1#first_name#0] [1#last_name#1] [2#first_name#3] [2#last_name#4] Project Engineer Contractor [1#obtained#2] [2#obtained#5] Date Date Approved By Project Owner Date Stephanie Smith 09/12/2023 Lance Guentzel 09/13/2023 47 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 2 of 8 Payment Summary No. Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2023-07-15 $230,635.56 $11,531.78 $219,103.78 2 2023-08-14 $572,759.66 $28,637.98 $544,121.68 3 2023-09-05 $297,378.26 $14,868.91 $282,509.35 Funding Category Name Funding Category Number Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date Garden Avenue $382,507.60 $19,125.39 $264,034.91 $99,347.30 $363,382.21 Garden Ave Sidewalk $125,160.95 $6,258.05 $118,902.90 $0.00 $118,902.90 Holton, Ruggles, Albert, Sheldon St. $246,600.13 $12,330.00 $78,855.12 $155,415.01 $234,270.13 Idaho Ave Alley Assessments $20,890.58 $1,044.52 $9,099.47 $10,746.59 $19,846.06 Local Storm Sewer $236,952.79 $11,847.64 $219,652.76 $5,452.39 $225,105.15 Ruggles Pathway $49,894.18 $2,494.70 $43,458.31 $3,941.17 $47,399.48 Sanitary Sewer $38,767.25 $1,938.37 $29,221.99 $7,606.89 $36,828.88 Pay request ASAP Accounting Number Funding Source Amount Paid this Request Revised Contract Amount Funds Encumbered to Date Paid Contractor to Date 1 Municipal (MSAS > 5000) - Falcon Heights $254,762.31 $880,001.99 $880,052.64 $716,555.24 2 Local - Storm Sewer - Falcon Heights $5,452.39 $238,986.29 $274,248.27 $225,105.15 3 Sanitary Sewer - Falcon Heights $7,606.89 $34,512.74 $14,372.74 $36,828.88 5 Local - Streets - Falcon Heights $5,015.83 $57,646.09 $103,027.03 $49,384.08 6 Idaho Ave Alley $9,671.93 $19,897.16 $29,391.57 $17,861.46 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 1 2582.503 4" SOLID LINE MULTI COMP L F $0.55 2280 2136 $1,174.80 2136 $1,174.80 FH23-01 2 2582.503 4" DBLE SOLID LINE MULTI COMP L F $1.10 4100 2092 $2,301.20 2092 $2,301.20 FH23-01 3 2106.507 EXCAVATION - COMMON C Y $38.00 0 0 $0.00 0 $0.00 FH23-01 4 2211.507 AGGREGATE BASE (LV) CLASS 5 C Y $12.65 0 0 $0.00 0 $0.00 48 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 3 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 5 2503.503 12" RC PIPE SEWER CLASS V L F $66.94 51 0 $0.00 0 $0.00 FH23-01 6 2506.502 INSTALL CASTING EACH $0.01 0 0 $0.00 0 $0.00 FH23-01 7 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN G L F $515.00 0 0 $0.00 0 $0.00 FH23-01 8 2506.602 MANHOLE CASTING R- 3290-A EACH $1,125.00 0 0 $0.00 0 $0.00 FH23-01 9 2506.602 MANHOLE CASTING R- 2556 EACH $1,275.00 0 0 $0.00 0 $0.00 FH23-01 10 2521.518 4" CONCRETE WALK S F $8.15 0 0 $0.00 0 $0.00 FH23-01 11 2521.518 6" CONCRETE WALK S F $12.20 0 0 $0.00 0 $0.00 FH23-01 12 2531.618 TRUNCATED DOMES S F $62.00 0 0 $0.00 0 $0.00 FH23-01 13 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 0 0 $0.00 0 $0.00 FH23-01 14 2106.507 EXCAVATION - COMMON C Y $38.00 170 0 $0.00 170 $6,460.00 FH23-01 15 2451.607 FINE AGGREGATE BEDDING (CV) C Y $50.00 10 0 $0.00 10 $500.00 FH23-01 16 2451.607 COARSE AGGREGATE BEDDING (CV) C Y $50.00 60 0 $0.00 60 $3,000.00 FH23-01 17 2502.503 4" PERF PVC PIPE DRAIN L F $30.87 270 0 $0.00 270 $8,334.90 FH23-01 18 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH $468.25 3 0 $0.00 3 $1,404.75 FH23-01 19 2521.518 6" CONCRETE WALK S F $12.20 105 0 $0.00 130 $1,586.00 FH23-01 20 2531.618 TRUNCATED DOMES S F $62.00 10 0 $0.00 24 $1,488.00 FH23-01 21 2540.618 STONE PAVERS S F $22.00 1600 0 $0.00 1481 $32,582.00 FH23-01 22 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 300 260.1 $4,148.60 260.1 $4,148.60 FH23-01 23 2106.507 EXCAVATION - COMMON C Y $38.00 0 0 $0.00 0 $0.00 FH23-01 24 2360.601 CONTRACTOR DETERMINED SURFACE L S $12,197.00 0 0 $0.00 0 $0.00 FH23-01 25 2503.503 12" RC PIPE SEWER CLASS V L F $66.94 0 0 $0.00 0 $0.00 FH23-01 26 2506.502 INSTALL CASTING EACH $0.01 0 0 $0.00 0 $0.00 49 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 4 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 27 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN G L F $515.00 0 0 $0.00 0 $0.00 FH23-01 28 2506.602 MANHOLE CASTING R- 3290-A EACH $1,125.00 0 0 $0.00 0 $0.00 FH23-01 29 2506.602 MANHOLE CASTING R- 2556 EACH $1,275.00 0 0 $0.00 0 $0.00 FH23-01 30 2521.518 6" CONCRETE WALK S F $12.20 0 0 $0.00 0 $0.00 FH23-01 31 2531.618 TRUNCATED DOMES S F $62.00 0 0 $0.00 0 $0.00 FH23-01 32 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 0 0 $0.00 0 $0.00 FH23-01 33 2021.501 MOBILIZATION L S $43,358.00 1 0.25 $10,839.50 1 $43,358.00 FH23-01 34 2101.502 CLEARING EACH $800.00 7 0 $0.00 3 $2,400.00 FH23-01 35 2101.502 GRUBBING EACH $200.00 7 0 $0.00 3 $600.00 FH23-01 36 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH $500.00 10 0 $0.00 10 $5,000.00 FH23-01 37 2104.502 REMOVE CASTING EACH $165.00 39 0 $0.00 38 $6,270.00 FH23-01 38 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) L F $5.00 220 0 $0.00 95 $475.00 FH23-01 39 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F $3.00 1000 0 $0.00 188.32 $564.96 FH23-01 40 2104.503 REMOVE SEWER PIPE (STORM) L F $12.00 230 0 $0.00 76 $912.00 FH23-01 41 2104.503 REMOVE CONCRETE CURB L F $5.89 4420 0 $0.00 4376 $25,774.64 FH23-01 42 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $19.00 76 0 $0.00 91.8 $1,744.20 FH23-01 43 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $11.64 720 0 $0.00 161 $1,874.04 FH23-01 44 2104.518 REMOVE CONCRETE SIDEWALK S F $1.39 280 0 $0.00 385 $535.15 FH23-01 45 2106.507 EXCAVATION - COMMON C Y $38.00 710 0 $0.00 100 $3,800.00 FH23-01 46 2106.507 EXCAVATION - SUBGRADE C Y $38.00 200 0 $0.00 0 $0.00 FH23-01 47 2106.507 SELECT GRANULAR EMBANKMENT (CV) C Y $34.79 100 0 $0.00 0 $0.00 50 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 5 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 48 2112.604 SUBGRADE PREPARATION S Y $0.50 4160 0 $0.00 0 $0.00 FH23-01 49 2112.619 AGGREGATE GRADING AND COMPACTION RDST $517.50 25 0 $0.00 25 $12,937.50 FH23-01 50 2123.61 STREET SWEEPER HOUR $150.00 50 0 $0.00 0 $0.00 FH23-01 51 2130.523 WATER MGAL $50.00 150 0 $0.00 3 $150.00 FH23-01 52 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $12.65 580 0 $0.00 0 $0.00 FH23-01 53 2215.504 FULL DEPTH RECLAMATION S Y $0.97 10370 0 $0.00 10105 $9,801.85 FH23-01 54 2215.507 HAUL FULL DEPTH RECLAMATION (LV) C Y $0.01 1600 0 $0.00 1600 $16.00 FH23-01 55 2231.509 BITUMINOUS PATCHING MIXTURE TON $166.85 80 34.1 $5,689.59 108.8 $18,153.28 FH23-01 56 2232.504 EDGE MILL BITUMINOUS SURFACE S Y $15.00 100 0 $0.00 33 $495.00 FH23-01 57 2232.504 MILL BITUMINOUS SURFACE (2") S Y $1.27 15860 0 $0.00 15860 $20,142.20 FH23-01 58 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $3.50 1920 1350 $4,725.00 1460 $5,110.00 FH23-01 59 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,B) TON $81.50 2130 2085.3 $169,951.95 2137.2 $174,181.80 FH23-01 60 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TON $91.87 2460 947.4 $87,037.64 1912.9 $175,738.12 FH23-01 61 2503.503 12" RCP PIPE SEWER L F $71.02 400 0 $0.00 671 $47,654.42 FH23-01 63 2503.602 CONNECT TO EXISTING STORM MANHOLE EACH $1,250.00 3 0 $0.00 4 $5,000.00 FH23-01 64 2503.602 INSPECTION HOLE EACH $400.00 6 0 $0.00 3 $1,200.00 FH23-01 65 2503.603 18" HDPE PIPE SEWER L F $98.34 16 0 $0.00 9.27 $911.61 FH23-01 66 2504.602 ADJUST GV AND BOX EACH $516.00 14 0 $0.00 15 $7,740.00 FH23-01 67 2506.502 ADJUST MANHOLE (FITTED STEEL RING) EACH $250.00 5 0 $0.00 0 $0.00 FH23-01 68 2506.502 INSTALL CASTING EACH $425.00 57 0 $0.00 60 $25,500.00 FH23-01 69 2506.503 CONSTRUCT DRAINAGE STRUCTURE DES 48- 4020 L F $573.14 28 0 $0.00 35.5 $20,346.47 51 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 6 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 70 2506.503 CONSTRUCT CATCH BASIN L F $481.94 80 0 $0.00 73.7 $35,518.98 FH23-01 71 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60- 4020 L F $962.84 5 0 $0.00 5 $4,814.20 FH23-01 72 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72- 4020 L F $1,115.28 19 0 $0.00 18.6 $20,744.21 FH23-01 73 2506.602 REHAB MANHOLE INTERIOR EACH $550.00 22 0 $0.00 0 $0.00 FH23-01 74 2506.602 ADJUST FRAME AND RING CASTING EACH $605.00 4 0 $0.00 4 $2,420.00 FH23-01 75 2506.602\00 011 RECONSTRUCT MANHOLE SPECIAL EACH $1,250.00 3 0 $0.00 2 $2,500.00 FH23-01 76 2506.602 MANHOLE CASTING R- 1733 EACH $1,060.00 31 0 $0.00 27 $28,620.00 FH23-01 77 2506.602 MANHOLE CASTING R- 4342 EACH $603.00 3 0 $0.00 3 $1,809.00 FH23-01 78 2506.602 MANHOLE CASTING R- 3290-A EACH $700.00 3 0 $0.00 2 $1,400.00 FH23-01 79 2506.602 MANHOLE CASTING R- 3067V EACH $700.00 14 0 $0.00 15 $10,500.00 FH23-01 80 2506.60200 01 MANHOLE CASTING R- 3067 VB EACH $700.00 7 0 $0.00 7 $4,900.00 FH23-01 81 2506.602 MANHOLE CASTING R- 3250-A EACH $770.00 1 0 $0.00 1 $770.00 FH23-01 82 2506.602 CONNECT INTO EXISTING STORM SEWER EACH $1,175.00 11 0 $0.00 13 $15,275.00 FH23-01 83 2521.518/00 040 4" CONCRETE WALK S F $5.10 13000 0 $0.00 12783 $65,193.30 FH23-01 84 2521.518 6" CONCRETE WALK S F $12.20 2250 0 $0.00 2158 $26,327.60 FH23-01 85 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F $33.50 1480 0 $0.00 2075.5 $69,529.25 FH23-01 86 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 (MACHINE LAID) L F $19.35 3020 0 $0.00 2243 $43,402.05 FH23-01 87 2531.503 CONCRETE CURB & GUTTER DESIGN B624 L F $37.00 130 0 $0.00 74 $2,738.00 FH23-01 88 2531.504 6" CONCRETE DRIVEWAY PAVEMENT S Y $87.15 80 0 $0.00 188 $16,384.20 52 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 7 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 89 2531.504 8" CONCRETE DRIVEWAY PAVEMENT S Y $96.65 140 0 $0.00 108 $10,438.20 FH23-01 90 2531.604 UPCHARGE FOR HIGH EARLY CONCRETE 6" DRIVEWAY PAVEMENT S Y $5.00 80 0 $0.00 0 $0.00 FH23-01 91 2531.604 UPCHARGE FOR HIGH EARLY CONCRETE 8" DRIVEWAY PAVEMENT S Y $6.75 140 0 $0.00 0 $0.00 FH23-01 92 2531.618 TRUNCATED RADIUS DOMES S F $64.00 172 0 $0.00 236 $15,104.00 FH23-01 93 2531.618 TRUNCATED DOMES S F $62.00 120 0 $0.00 82 $5,084.00 FH23-01 94 2540.602 INSTALL TEMPORARY MAILBOXES EACH $200.00 5 0 $0.00 0 $0.00 FH23-01 95 2563.601 TRAFFIC CONTROL L S $19,900.00 1 0.25 $4,975.00 1 $19,900.00 FH23-01 96 2573.501 EROSION CONTROL SUPERVISOR L S $500.00 1 0.2 $100.00 1 $500.00 FH23-01 97 2573.501 STABILIZED CONSTRUCTION EXIT LS $1,500.00 1 0 $0.00 0 $0.00 FH23-01 98 2573.502 INLET PROTECTION TYPE A EACH $125.00 5 0 $0.00 0 $0.00 FH23-01 99 2573.502 INLET PROTECTION TYPE B EACH $175.00 52 0 $0.00 52 $9,100.00 FH23-01 100 2573.503 SILT FENCE, TYPE HI L F $5.00 100 0 $0.00 0 $0.00 FH23-01 101 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST L F $3.50 400 0 $0.00 0 $0.00 FH23-01 102 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $3.50 2280 0 $0.00 0 $0.00 FH23-01 103 2582.518 CROSSWALK MULTI COMP S F $5.50 1152 1170 $6,435.00 1170 $6,435.00 Base Bid Totals: $297,378.28 $1,100,773.48 Project Category Totals Project Category Amount This Request Amount To Date FH23-01 BASE BID $289,753.68 $1,037,793.23 FH23-01 ALTERNATE BID 4 $0.00 $0.00 FH23-01 ALTERNATE BID 3 $4,148.60 $59,504.25 FH23-01 ALTERNATE BID 2 $0.00 $0.00 FH23-01 ALTERNATE BID 1 $3,476.00 $3,476.00 53 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 8 of 8 Contract Change Item Status Project CC CC# Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date Contract Change Totals: $0.00 $0.00 Contract Total $1,100,773.48 Contract Change Totals Number Description Amount This Request Amount To Date 1 Eliminating items for Ad-Alternates 2 and 4 that were not awarded. $0.00 $0.00 Material On Hand Additions Line Item Description Date Added Comments Material On Hand Balance Line Item Description Date Added Used Remaining 54 BLANK PAGE  55 REQUEST FOR COUNCIL ACTION (RCA) City of Falcon Heights, Minnesota __________________________ Item Ordering of Cannabis Business Moratorium Extension Public Hearing Description Adult-use cannabis was legalized via Chapter 63. Legal sales are expected to begin January 2025 upon establishment of the Minnesota Office of Cannabis Management and the licensing process beginning. Cities are permitted to place an interim ordinance prohibiting cannabis businesses until January 1, 2025. The current moratorium in place expires September 28, 2023. At the time of its expiration, the new moratorium would be the primary in place until January 1, 2025. The attached drafted moratorium ordinance is as broad as allowed under the final state law and prohibits all cannabis businesses until January 1, 2025. A public hearing is required to pass this moratorium, which is unusual for a moratorium, but is a special requirement from this new state statute. During the period of the moratorium, staff and the Planning Commission would take a deeper dive in to our ordinances revolving around Cannabis sales. Budget Impact N/A Attachment(s) • Resolution 23-60 Ordering Public Hearing for Interim Ordinance Prohibiting the Operation of Cannabis Businesses Action(s) Requested Order Public Hearing set for September 27, 2023 for the Interim Ordinance as drafted. Meeting Date September 13, 2023 Agenda Item Consent G-7 Attachment(s) Resolution 23-60 Ordering Public Hearing for Interim Ordinance Prohibiting the Operation of Cannabis Businesses Submitted By Hannah Lynch, Community Development Coordinator 56 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 13, 2023 No. 23-60 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION ORDERING PUBLIC HEARING FOR INTERIM ORDINANCE PROHIBITING THE OPERATION OF CANNABIS BUSINESSES WHEREAS, by enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn. Stat. chapter 342, legalizing adult-use cannabis and permitting the operation of cannabis businesses and the sale of cannabis flower and cannabis products for human consumption; and WHEREAS, the new law enacts some requirements for production, labeling and testing, and sale of cannabis products at the state government level; and WHEREAS, the new law creates uncertainty that will need to be resolved by the passage of further regulations by the Office; and WHEREAS, pursuant to Minn. Stat. § 342.13, the City is authorized to adopt an interim ordinance protecting the planning process and the health, safety, and welfare of its citizens; and WHEREAS, pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact regulations regarding to promote the health, safety, order, convenience, and the general welfare of the City; and WHEREAS, this power permits the City to implement a moratorium to study the sales, testing, manufacturing, and distribution of cannabis products to determine if regulations are necessary for the sake of good order of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota: 1. A public hearing shall be held on such proposed interim ordinance on September 27, 2023, in the council chambers of City Hall at 7:00 p.m. and the City Administrator shall give mailed and published notice of such hearing and improvement, as required by law. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE WASSENBERG 57 BLANK PAGE  58 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Item Accepting Donation from Falcon Heights/Lauderdale Lions Club Description The Falcon Heights/Lauderdale Lions Club (FHLLC) purchased a new 20’ by 40’ tent in April 2023 after their previous tent had reached end-of-life. The tent cost up to $3,000. The FHLLC provides their tent to various public events, including City events such as Spring Together, Ice Cream Social, and Unity Day. They perform the set- up / takedown of the tent. The Lions discovered that their new tent is approximately 660 pounds and is more complicated to set up than their previous tent. Public Works staff helped the Lions put up the tent for the Ice Cream Social, and we have been storing the tent since then. Due to the complicated nature of the tent, the Lions voted in July to donate the tent to the City of Falcon Heights with the standing offer that they would assist our staff in putting up the tent. We estimate the cost to rent a 20’x40’ tent to be about $500 per time, or currently $1,500 to $2,000 annually to cover City events. Budget Impact N/A Attachment(s) Resolution 23-61 Action(s) Requested Accept the generous donation from the Falcon Heights/Lauderdale Lions Club of a 20’ x 40’ tent at an estimated value of $3,000.00. Meeting Date September 13, 2022 Agenda Item Consent G8 Attachment Resolution 23-61 Submitted By Jack Linehan, City Administrator 59 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 13, 2023 No. 23-61 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION TO ACCEPT A DONATION OF A TENT FROM THE FALCON HEIGHTS / LAUDERDALE LIONS CLUB WHEREAS, the Falcon Heights / Lauderdale Lions Club has approved the donation of a 20’ x 40’ tent to the City of Falcon Heights; and WHEREAS, the tent will benefit City events and is in-line with our goals; and WHEREAS, the City intends to satisfy the requirements of Minnesota State 465.03 on Gifts to Municipalities; and WHERAS, the City Council finds it is in the public interest and consistent with adopted City policy to accept this donation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The City shall accept the donated tent. 2. The City Administrator is authorized to sign any necessary documents to facilitate the donation. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan WASSENBERG ____ Against City Administrator LEEHY WEHYEE 60 BLANK PAGE  61 REQUEST FOR ACTION City of Falcon Heights, Minnesota __________________________ Item Tobacco, Cannabis and Hemp-Free Parks Description The City Code currently states that city parks are tobacco-free. The Parks Commission reviewed, and recommends that the City Council consider including cannabis and hemp products and expanding the definitions of prohibited products in city parks. The attached Ordinance 23-06 amends Article III of Chapter 34 to include these recommendations. Budget Impact N/A Attachment(s) Ordinance 23-06 Action(s) Requested Staff recommends the City Council approve the attached Ordinance 23-06 to amend Chapter 34, Article III. Meeting Date September 13, 2023 Agenda Item H1 Attachment Ordinance 23-06 Submitted By Kelly Nelson, Assistant to the City Administrator 62 1 ORDINANCE NO. 23-06 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING USE OF TOBACCO, CANNABIS AND HEMP IN CITY PARKS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: Section 1. Article III of Chapter 34 of the Falcon Heights City Code is amended in its entirety to read as follows: Article III – USE OF TOBACCO, CANNABIS, AND HEMP IN CITY PARKS 34-55 PURPOSE. The City of Falcon Heights believes that there is sufficient medical evidence showing that the smoking and inhaling of tobacco, cannabis, hemp and second- hand smoke is a danger to the health, safety and general welfare of the community. Numerous studies have found that tobacco, cannabis, and hemp smoke is a cause for diseases and second-hand smoke is particularly hazardous for children and the elderly. Discarding of tobacco, cannabis, hemp, and cannabinoid products on the ground can result in litter and pose a risk of harm by, among other things being ingested by young children. The purpose of this Ordinance is to set forth rules concerning the use of tobacco, cannabis, hemp and cannabinoid products in city parks, thereby making such areas cleaner, safer and more enjoyable for residents and the general public. 34-56 DEFINITIONS. For the purpose of this code section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: City Parks means any open or enclosed land improvements or facility which is owned, leased and operated by the City of Falcon Heights and which is reserved, designated or used for a playground, picnic area, garden area, bike or walking path, trail, nature preserve, green space, tennis court, sports or athletic field, staking rink, warming house, or other recreational open space area, and includes city owned parking areas serving city parks or city facility and sidewalks located directly adjacent to a city park or facility. Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, 63 2 or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Cannabis means any product containing, made, or derived from cannabis that is intended for human consumption, including but not limited to flowers, seeds, resins, extracts, oils, tinctures, and edible forms, whether consumed by smoking, vaporizing, eating, drinking, or any other means. Cannabinoid products mean any products infused with any cannabinoids, including but not limited to tetrahydrocannabinol (THC) and cannabidiol (CBD). Electronic Delivery Devise means any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Hemp means any product containing the harvested flower, bud, leaves, or stems of a plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. Hemp includes any derivative, concentrate, extract, resin, or other product made from a hemp plant. Smoking means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, cannabis, hemp, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking will also include using an electronic delivery device. 34-57 PROHIBITED ACTIVITIES. Smoking is prohibited in all city parks, in all public parking lots that are adjacent to City Parks, and inside all motor vehicles located in any city park or adjacent public parking lot. 34-58 POSTING OF SIGNS A.“No Smoking” sign or signs with a similar designation will be clearly andconspicuously displayed at City Parks to notify the public that smoking includingtobacco, cannabis, hemp or other plant is prohibited. 34-59 ENFORCEMENT A.Complaints. Any citizen who desires to register a complaint under this chaptermay initiate enforcement with the City Administrator or his/her designee. 64 3 B.Violation and Penalty. It shall be a petty misdemeanor for any person to discard tobacco, cannabis, hemp or any cannabinoid product in a city park or parking lot adjacent to a city park, except in a designated trash receptacle. C.Other applicable laws. This chapter shall not be interpreted or construed to permittobacco, cannabis, hemp or cannabinoid product use where it is otherwise restricted by other applicable laws. Section 2. This ordinance is effective immediately upon its passage and publication. ADOPTED this ______ day of ____________, 2023, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Randall C. Gustafson, Mayor ATTEST: ___________________________________ Jack Linehan, City Administrator 65