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HomeMy WebLinkAboutCCAgenda_05May11CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 11, 2005 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ KUETTEL LAMB LINDSTROM TALBOT WORTHINGTON SHEA KODLUBOY ATTORNEY ENGINEER C. COMMUNITY FORUM: D. PRESENTATIONS: None Scheduled ~- ~ E. APPROVAL OF MINUTES: Apri127, 2005 TAB 1 • F. PUBLIC HEARINGS: None Scheduled G. CONSENT AGENDA: p ~ ~ ~ 1. General Disbursements through May 5, 2005: $ 53,737.92 4 Payroll (4/15/05 - 4/30/05) $ 12,015.64 TAB 2 i ~- ~ 3 2. Appointment of Linda Smith, 1592 Roselawn Avenue, to the Environment Commission TAB 3 y' ' ~ ~ 3. Appointment of Annie Green, 1442 Idaho Avenue, to the Parks 4 and Recreation Commission A l f l t f ff f i TAB 4 . pprova o s a e o o icers or F re Department TAB 5 H. POLICY AGENDA: i ~-~ 3 1. Proposals for recodification of Falcon Heights City Code TAB 6 ~-} y - ~ 2. Approval of Community Park roof replacement TAB 7 ~-- ~ ~ 3. Consideration of a resolution regarding consolidated 911 dispatching TAB 8 I. REPORTS FROM COUNCIL MEMBERS: J. INFORMATION AND ANNOUNCEMENTS: • K. ADJOURNMENT • CITY OF FALCON HEIGHTS MINUTES Apri127, 2005 Mayor Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot Also present: City Administrator Heather Worthington and Parks and Public Works Director Greg Hoag COMMUNITY FORUM: There was no commentary from the audience. PRESENTATIONS: None Scheduled APPROVAL OF MINUTES: Council member Kuettel said that on page one, first paragraph, second sentence, the name Ann should be changed to Lisa. The minutes dated April 13, 2005 were unanimously approved as corrected. PUBLIC HEARINGS: None Scheduled • CONSENT AGENDA: Mr. Bryan Olson, 1592 Roselawn Avenue, asked about the last item in General Disbursements in the amount of $175.00 to Campbell Knutson for SE Corner sign issues. He asked Administrator Worthington for background on what this was for and how the $175.00 was arrived at. Administrator Worthington said this was for the review of sign permits for the SE Corner. The City's Civil Attorney firm reviews planning and zoning for the City and advised on the sign permit applications submitted for the SE Corner. The $175.00 is based upon the hourly rate for that individual. Mr. Olson asked how many hours the $175.00 represents and Administrator Worthington said about one and one-half hours. This item was part of the larger civil contract for that month but was broken out so that it could be correctly accounted for. Mr. Olson noted that the Deputy Clerk was not in attendance and he wanted to know who would be writing up the minutes. Administrator Worthington said the Deputy Clerk would be writing them up from the videotape. Mayor Gehrz said there had been a death in the Deputy Clerk's family, which is why she is not in attendance this evening. Mr. Olson asked about the credit card statement included in the agenda packet. There is a billing for Ole Mexico and the explanation given is staff luncheon. He asked who attended the luncheon and if there was any business conducted there. Administrator Worthington said that Parks and Public Works Director Hoag, Employment Consultant Lisa Lynn and she discussed the hiring of a Recreation Supervisor/Administrative Assistant at that meeting. Reimbursement for expenditures like this is requested only when City business is discussed. Mr. Olson read aloud the heading for Consent Agenda Item #3 and asked if this isn't a decision to be made by the Council as to who gets to be . the Data Practices Compliance Official, as opposed to this soon to be motion whereby the City Administrator will take on this responsibility. • FALCON HEIGHTS CITY COUNCIL MINUTES _2_ Apri127, 2005 CONSENT AGENDA (continued) Mr. Olson said that usually it's the Clerk who handles this because the Clerk deals with the records and the Clerk is a full-time position. Sometimes the City Administrator or a City Manager may not always be in the office. Mayor Gehrz said that the City has always designated the City Administrator as the City Official on this issue. This is a position that needs to make decisions about what is public data and what is private data. This is in the interests of balancing the public's right to know government information with protection of the individual, because government gets and maintains information about individuals and there is a need to be able to protect individual information. All of the data privacy deals with that. It is always the City's highest level employee who is assigned to that responsibility. Mr. Olson asked if there is a document that has City policies in black and white that is available. Mayor Gehrz said the City has a code book and administrative manual. In response to a question from Mr. Olson about operating rules for City Council meetings, Mayor Gehrz said they are in the administrative manual. Kuettel moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. • 1. General Disbursements through Apri121, 2005: $ 99,311.44 Payroll (4/01/05 - 4/15/05) $ 13,253.92 2. Approval of 3.2 malt liquor and restaurant licenses for Sky Ventures to operate a Pizza Hut restaurant at 1544 Larpenteur Avenue West 3. Resolution 2005-04-adoption of model policy regarding data practices and appointment of City Administrator as the Data Practices Compliance Official Mayor Gehrz said an item came in after the Council packet was prepared and distributed on Friday that needs Council discussion and action this evening. She asked if any Council members objected to this addendum. There were no objections from the Council and Policy Agenda Item H3: Authorize Mayor to accept invitation from University of Minnesota Vice President for University Relations was added to the Council agenda. Authorization of expenditure to repair sanitary sewer lift station Parks and Public Works Director Hoag said the sanitary sewer lift station at the corner of Coffman and Larpenteur is 20 years old. It has performed very well for many years. During the past six months we have been experiencing fairly regular problems with one of the lift station pumps. Due to the age of the pumps and advancements in technology, staff is recommending replacement of both pumps at this time to help ensure many years of service from the lift station. In addition, some electrical upgrades will be made. Staff is proposing a switch from single phase • pumps to three phase pumps because three phase motors are more reliable and efficient than single phase motors. • FALCON HEIGHTS CITY COUNCIL MINUTES April 27, 2005 Authorization of expenditure to repair sanitary sewer lift station (continued) Parks and Public Works Director Hoag said two quotes were received for this work: Braun Pump & Controls: $11,204.50 General Repair Service: $ 9,286.00 Staff recommends that the City enter into a contract with General Repair and Service. A brief discussion followed. -3- Council member Kuettel asked if the two bids that had been received were comparable to one another and Parks and Public Works Director Hoag said they are. The pumps that would be installed by General Repair are comparable in value to those proposed by Braun Pump. Kuettel moved authorization to repair the sanitary sewer lift station through a contract with General Repair Service in the amount of $9,286.00. The motion was unanimously approved. Authorize contract with forester Administrator Worthington said that Anita Twaroski, the City's forester, has been offered more hours with the City of Roseville. Therefore, she will not be working for the City this year, but has recommended a replacement. Mandy Musielewicz, owner of Vernix Forestry Consultants, has agreed to contract with the City for forestry services for 2005. Mandy will be compensated at the rate of $35.00 per hour, and will conduct approximately 142 hours of consultation in the areas of detection, identification, laboratory sampling, systematic reporting and other items or procedures that may be necessary in order to carry out the Shade Tree Disease Program. This will be covered by the line item in the 2005 Budget for forestry salaries. Typically, activities of the forester revolve around detection and identification of tree diseases like Dutch Elm or Oak Wilt, and structural problems with trees on public and private property. Mandy will not office at City Hall; however, City staff will coordinate with residents who require services, and communicate several times per week via e-mail and fax with Mandy. She will set her own schedule regarding meetings with residents and follow-up. City staff will send correspondence necessary to tree disease mitigation to residents at Mandy's direction. Mayor Gehrz asked about mileage reimbursement and Administrator Worthington said it will be paid only when she is working within the boundaries of the City. Talbot moved approval of a contract with Mandy Musielewicz, DBA Vernix Forestry Consultants, for the 2005 Shade Tree Disease Program. The motion was unanimously approved. 3 • FALCON HEIGHTS CITY COUNCIL MINUTES _4_ Apri127, 2005 Authorize Mayor to accept invitation Mayor Gehrz said the University of Minnesota owns almost half of the land in Falcon Heights and maintaining frequent communication with the university administration is essential to the City's continued ability to work cooperatively with this large institution on land use issues of concern to our residents and businesses. The new Vice President for University Relations has invited the mayor and a guest to a dinner and speaker on campus on May 10 at the University's expense. She is requesting authorization from the City Council to accept this invitation on behalf of Falcon Heights. Council member Kuettel said she wanted to comment that it is truly important for the Mayor to attend something like this to remind the University of Minnesota that the City is next door. Council member Lamb said he is assuming that the reason the Mayor is asking for City Council approval is because of the rules barring anyone on the Council from accepting anything of monetary value, including meals. That is why it is necessary to make this motion for City Council approval. . Mayor Gehrz said that without City Council approval, she cannot accept an invitation for dinner at the University, unless she is giving a speech, and she has not been asked to give a speech at this event. Mr. Bryan Olson, 1592 Roselawn Avenue, asked if the University is charging admission for dinner and the speaker. What is the admission? Mayor Gehrz said she did not know. She said the letter of invitation simply invites her to be a guest at this dinner in celebration of the 101St anniversary of the University of Minnesota Alumni Association. Generally, with something like this they sometimes invite some selected guests to be their guests, for example, those mayors who represent cities where the University has campuses. The event will be open to the public, with dinner at Coffman and continued celebration at Northrop. DNN anchor Aaron Brown will be the keynote speaker. Lamb moved approval to authorize Mayor Gehrz and a guest to attend the May 10th dinner and speaker as a guest of the University of Minnesota Vice President for University Relations in celebration of the University of Minnesota Alumni Association's 101St anniversary. The motion was unanimously approved. REPORTS FROM COUNCIL MEMBERS: None INFORMATION AND ANNOUNCEMENTS: • Council member Talbot said that for years the City had the company and faithful participation of Phil and Shirley Chenoweth. 4 • FALCON HEIGHTS CITY COUNCIL MINUTES _5_ April 27, 2005 INFORMATION AND ANNOUNCEMENTS (continued) Council member Talbot said that last week Shirley Chenoweth passed away and was laid to rest. Phil preceded her in death by six short months. Both of them were pillars of the community. Shirley came to the City in 1978 and was hired as a secretary. By the 1980's she was promoted to City Clerk and continued to serve in that capacity until she retired in 1994. Council member Talbot said that when he and his wife came to Falcon Heights fifteen years ago, it was surprising, and really wonderful to both of them, to be called by their first names when they came to City Hall. That was part of Shirley's approach to everything. She made you feel like your hometown was a place where they knew you by your first name and cared about you. Phil served on the City Council and got Council member Gibson Talbot involved and to run for City Council as well. Shirley served all of the members of the community as the City Clerk and she will be much missed. Shirley was friendly, competent, kind, generous, caring and giving. It is a real loss to no longer have Phil or Shirley participating in Falcon Heights City government. At the same time, it is something to be celebrated that we had them as long as we did. So, our condolences to the Chenoweth family and the City of Falcon Heights. It is a little bit sad to say goodbye to Phil and Shirley Chenoweth. • Council member Lindstrom said that last week some of the members of the community and 15-20 members of the general public toured the new multi-family apartment complex at the SE Corner. He was very amazed at how beautiful the building is on the inside. It is fantastic. He was very impressed by the quality of the work. The senior building is equally nice. He was told that the majority of the people who live in the senior building were and still are Falcon Heights residents. That is exactly what the City Council was thinking about when authorizing the building of that complex. The new apartments will be ready for occupancy in the next few weeks and months. He would move there in a heartbeat and would love to have the corner apartment overlooking Snelling and Larpenteur. Council member Kuettel said she wanted to piggyback on what Council member Lindstrom said. The student population at Falcon Heights Elementary School is going down. The hope is that with seniors moving out of their homes and into the senior building, families will be moving in. She mentioned that in the May issue of the Park Bugle there is a huge article about Tatum Street lore and she hopes everyone will read the article about some of the things that occurred years ago on Tatum Street. She said she wanted to publicly thank the Lions for their support of the Falcon Heights Elementary School and its annual carnival. Once again they purchased the syrup and the cups, and donated the machine for the snow cones. The school made over $8,000 from the carnival. Also, the City and the Lions have donated money toward the purchase and replacement of the playground equipment at the school. Council member Lamb said he wanted to mention the Living Green Expo that will be at the State • Fairgrounds this weekend, April 30-May 1, from 1 AM-5 PM in the grandstand building. Admission is free. S • FALCON HEIGHTS CITY COUNCIL MINUTES Apri127, 2005 '6- INFORMATION AND ANNOUNCEMENTS (continued) Council member Lamb said the 2005 Living Green Expo will feature over 200 businesses, food organizations, State and local agencies, and environmental groups showcasing environmentally sound products, technologies, information and practices. There will be many ideas for how Minnesotans can reduce their environmental impact. The Expo will also include workshops. The family friendly event features art displays, children's activities, food and musical entertainment. Check out their web site at livinggreen.org. Mayor Gehrz read a letter from Mr. Kurt Mueller, TIF Division, State Auditor's Office, in which he stated he did his periodic review of the City's TIF plans to determine if the TIF plan budget amounts agreed with the amounts submitted by the City on the 2003 TIF reports. He found the City's reporting to be accurate for its active districts. She reminded the viewing audience there is still time to sign up for the CERT training program, which will be held on eight consecutive Thursday evenings, beginning May 5, 2005, at 6:30 PM. Right now seventeen people have signed up, thirteen from Falcon Heights and four from Lauderdale. The cost is $15.00. A meeting was held at City Hall on April 18 with Jerry Hammer, Executive Director of the State Fairgrounds, and residents were able to speak directly with Jerry about the State Fair. About 40 • people attended the meeting and everyone learned a lot about the future plans for improvements to entrances and transit areas. Most of the people in attendance had a lot of compliments for the State Fair, particularly with regard to traffic management and control. She gave a brief update regarding the future construction of the Bell Museum on the southwest corner of Larpenteur and Cleveland Avenues. She and Administrator Worthington attended a meeting with architects, University facilities management people and Dan Soler, Traffic Engineer with Ramsey County. This was an opportunity to do some very, very preliminary discussion. They are in a fundraising phase and will need to raise a lot of money. They are hoping to be able to be a model and demonstration site for sustainability with regard to energy and sewer systems, etc. There was good discussion about pedestrian safety and crosswalk issues, parking and site location. It was wonderful to be included in the process because the City was able to identify things that will work well and things that will need careful consideration. There will be a community wide informational meeting scheduled within the next few months, possibly in June. They won't have a building design or concept plan to present, but they will be able to talk with the community about their goals and programmatic concepts. She said she wanted to express her appreciation to County Commissioners Janice Rettman and Jan Wiessner with regard to the issue of consolidated dispatch centers for public safety. Ramsey County has been working on the 800 MHz conversion for public safety communications. One of the issues that needed to be resolved was the number of dispatch centers for Ramsey County. Currently there are four, and there are some real advantages to merging them into one dispatch center that will serve the whole county. It looks like there is strong interest in doing that, but what happened at the County Board meeting on Tuesday, April 26, was a proposal to shift the cost of the dispatch centers off the . municipal tax base onto the County tax base. • FALCON HEIGHTS CITY COUNCIL MINUTES _7_ Apri127, 2005 INFORMATION AND ANNOUNCEMENTS (continued) Mayor Gehrz said that would result in a major tax shift that would affect cities like Falcon Heights more so than some other cities. It would shift about $6 million a year off the City of Saint Paul onto the County tax levy. Saint Paul has 71 % of the dispatch calls and only 44% of the tax base. There is some real shifting of costs here. The reason she wanted to express appreciation to Commissioners Rettmann and Wiesner was because they fought very, very, very hard to keep open some other possibilities for looking at financing options. Unfortunately, their efforts failed on a 5-2 vote. The next time residents see either of them, thank them for trying so hard. The City will continue to work on this and will be negotiating with the County, but she feels that based upon the vote that was taken, there probably won't be a lot of room for other alternatives. Administrator Worthington told the viewing audience that the DNR has lifted burn restrictions for the metro area so if residents want to have a recreational fire in the backyard, just call City Hall and staff will take the information down. There is no cost for a permit but the City wants to know where the fires will be so that nervous neighbors don't call 911 thinking someone's house is on fire. Road restrictions will be lifted next week. Farmer's Market will open next Tuesday, • May 3, in the Twin City Co-op's rear parking lot, 2025 West Larpenteur Avenue. The regular City Council meeting was adjourned at 7:50 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk • CONSENT Gl OS/11/OS ITEM: Disbursements and Payroll SUBMITTED BY: Roland O.Olson, Finance Director REVIEWED BY: Heather Worthington, City Administrator EXPLANATION: Summary 1. General Disbursements through May 5, 2005: $ 53,737.92 2. Payroll (4/15/05 - 4/30/05) $ 12 015.64 ATTACHMENTS: • General Disbursements on pages I • Payroll on page f 1 ACTION REQUESTED: • Approval 8 DATE OS/OS/OS TIME 03:30 ~CK# VENDOR NAME CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1 APPROVAL OF BILLS PERIOD ENDING: _5-5-OS_ DESCRIPTION DEPT. aMnrrnrr ALLEGRA PRINT & IMAGING BUSINESS CARDS: HW & DJ ADMINIST AMERICAN OFFICE PRODUCTS FOLDERS 117.98 ADMINIST 14.89 AMERICAN OFFICE PRODUCTS FOLDERS AND TABS AMERICAN OFFICE PRODUCTS INK CARTRIDGES/BINDERS ADMINIST /C ADMINIST 37.16 HERMES FLORAL COMPANY CHENOWETH FUNERALFLOWE RS ADMINIST 227.27 ICMA MGMT ASSOCIATION ANNUAL MEMBERSHIP DUES ADMINIST 116.03 LEAGUE OF MN CITIES MN CITY DIRECTORY 521.82 ADMINIST 52.19 METROPOLITAN AREA MANAGE- MEETING EXP ADMINIST 18.00 MINNEAPOLIS PAPER COMPANY COPY/LASER PAPER 60665 PERA ADMINIST 191.64 APRIL 30TH PERA ADMINIST 1,466.00 *** TOTAL FOR DEPT 12 2,762 .98 NEXTEL COMMUNICATIONS,INC CELL PHONE COMMUNIC 43.51 *** TOTAL FOR DEPT 16 43 .51 60667 DEBORAH JONES REPLACE LOST PAY CHECK PLANNING 1,232.88 MN NCPERS LIFE INSURANCE MAY/O5 DEB JONES INS PLANNING 16.00 *** TOTAL FOR DEPT 17 1,248. 88 HUGHES & COSTELLO MAY/O5 PROSECUTIONS PROSECUT 2,609.75 *** TOTAL FOR DEPT 23 2,609. 75 AMERIPRIDE LZNEN&APPAREL LINEN CLEANING FIRE FIG JOHNSON-POWERS,DAN REIMB FOR MILEAGE FIRE 56.76 • METRO GARAGE DOOR CO. GARAGE DOOR WINDOW REPR FIG FIRE FIG 43.74 OXYGEN SERVICE COMPANY DELIVERY AIR TANKS & AIR FIRE FIG 345.70 ANOKA-HENNEPIN TECH COLLE FIRE CLASS-DOUVIER TESCH FIRE FI 85.79 , NEXTEL COMMUNICATIONS,ZNC CELL PHONES FIRE DEPT G 1,380.00 FIRE FIG 95.41 NEXTEL COMMUNICATIONS,INC CELL PHONES FIRE DEPT F IRE FIG 12.77 *** TOTAL FOR DEPT 24 2,020.17 BOARD OF WATER COMMISSNRS S S . . CITY HAL 11.69 BOARD OF WATER COMMISSNRS H2O CITY HAL 9.73 TRUGREEN-CHEMLAWN FERT/WEED CONTROL CITYHA CITY HAL CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 165.08 CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 46.93 GRAINGER, W. W., INC. BATHROOM SUPPLIES CITY HAL 53.64 SUBURBAN ACE HARDWARE BATTERIES 212.82 CITY HAL 12.00 SUBURBAN ACE HARDWARE AIR FRESHENER CITY HAL 12.28 NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL NEXTEL COMMUNICATIONS,INC CELL PHONE 38.11 CITY HAL 38.05 NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 56.95 *** TOTAL FOR DEPT 31 657.28 TRUGREEN-CHEMLAWN FERT/WEED CONTROL STREETS TRUGREEN-CHEMLAWN FERT/WEED CONTROL STREETS 224,72 CITY OF ST PAUL FUEL MARCH 2005 STREETS 165.08 GRAINGER, W. W., INC. STREET LIGHT BULBS STREETS 117.62 XCEL ENERGY ELECT 105.04 STREETS 21.04 XCEL ENERGY ELECT STREETS 1, 422.53 *** TOTAL FOR DEPT 32 2,056.03 BOARD OF WATER COMMISSNRS S S . . PARK & R 23.38 4 DATE OS/OS/OS TIME 03:30 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 2 APPROVAL OF BILLS PERIOD ENDING: _5-5-OS ~ CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT BOARD OF WATER COMMISSNRS H2O BOYER TRUCKS INC PARK & R 20.68 TRUCK PARTS PARK & R 31 80 TRUGREEN-CHEMLAWN FERT/WEED CONTROL COMMPK PARK . & R TRUGREEN-CHEMLAWN FERT/WEED CONTROL CURTIS PARK & R 93.72 GRAINGER, W. W „ INC. TRASH LINERES 90.53 SUBURBAN ACE HARDWARE DUCT TAPE PARK & R 66.29 QWEST PARK & R 7.50 PHONE PARK & R 110.84 *** TOTAL FOR DEPT 41 444. 74 E-Z RECYCLING, INC. RECYCLING SOLID WA 2,559.40 *** TOTAL FOR DEPT 56 2,559.40 SPRINGSTED CONTINUING DISCLSUR 1996 1996 TIF 932.50 *** TOTAL FOR DEPT 60 932.50 SPRINGSTED CONTINUING DISCLSUR 1999 99 NE QU 932.50 *** TOTAL FOR DEPT 62 932.50 BATTERIES PLUS TRACTOR BATTERY PUBLIC W 47.39 60664 BOYER TRUCKS INC F350 FORD TRK/NET TRADE PUBLIC W 15,225.00 60666 INDEPENDENT SCHOOL 623 PLAYGROUND EQUIPMENT PUBLIC W 15,000.00 606634 CITY OF ROSEVILLE SALES TAX/LICENSE F350 PUBLIC W 1,018.13 *** TOTAL FOR DEPT 65 31,290.52 SUBURBAN ACE HARDWARE JETTER REPAIR PART SANITARY 14.16 *** TOTAL FOR DEPT 75 14.16 MIKE McPHILLIPS INC SPRING STREET SWEEPING STORM DR 6,165.50 *** TOTAL FOR DEPT 76 6,165.50 *** TOTAL FOR BANK O1 53,737.92 *** GRAND TOTAL *** 53,737.92 i ~~ PERIOD END DATE 04/30/05 **FILE NOT UPDATED** SYSTEM DATE 04/28/05 C H E C K R E G I S T E R ~ECK CHECK EMPLOYEE NAME TYPE DATE NUMBER PAGE 1 CHECK CHECK NUMBER AMOK COM 4 29 O5 6 SUSAN GEHRZ 50526 COM 4 29 OS 12 LAURA A. KUETTEL 50527 5.57 COM 4 29 OS 13 PETER C. LINDSTROM 50528 277.05 277.05 COM 4 29 OS 14 RICHARD P TALBOT JR 50529 7.05 COM 4 29 OS 15 ROBERT E LAMB 50530 277.05 COM 4 29 OS 34 CLEMENT KURHAJETZ 50531 288.54 COM 4 29 OS 42 MICHAEL D CLARKIN 50532 108.52 COM 4 29 OS 66 ALFRED HERNANDEZ 50533 55.41 COM 4 29 OS 74 MARK J ALLEN 50534 138.52 COM 4 29 OS 85 DANIEL S JOHNSON-POWERS 50535 54.64 COM 4 29 OS 91 RICHARD H HINRICHS 50536 38.64 COM 4 29 OS 1003 HEATHER WORTHINGTON 50539 1655.17 COM 4 29 OS 1007 PATRICIA PHILLIPS 50540 489.85 COM 4 29 OS 1015 GREGORY R. HOAG 50541 1690.60 COM 4 29 OS 1016 LISA A. ANDERSON 50542 309.17 COM 4 29 OS 1030 MARY A. KODLUBOY 50543 1402.45 COM 4 29 OS 1033 DAVE TRETSVEN 50544 1218.52 COM 4 29 OS 1035 JOSEPH J. AUGER SR 50545 291.27 COM 4 29 O5 1038 DEBORAH K JONES 50546 1232.88 COM 4 29 OS 1136 ROLAND O OLSON 50547 1535.62 COM 4 29 OS 1137 MARK C. HANSMEIER 50548 243.41 COM 4 29 OS 1143 COLIN B CALLAHAN 50549 379.67 COM 4 29 OS 2058 PAULA L. BRYANT 50550 38.79 COMPUTER CHECKS 12015.64 MANUAL CHECKS .00 NOTICES OF DEPOSIT .00 ****TOTALS**** 12015.64 • CONSENT G2 OS/11/OS ITEM: Appointment of Linda Smith, 1592 Roselawn Avenue, to the Environment Commission SUBMITTED BY: Mayor Sue Gehrz EXPLANATION: Summary: The Environment Commission has two openings currently. I am recommending the appointment of Linda Smith to fill one of the open seats. ATTACHMENT: Linda Smith's application on page ACTION REQUESTED: • Appointment of Linda Smith to the Environment Commission • • /~ ~~~~ ~ Zoos ~ CITY OF FALCON HEIGHTS COMMISSION APPLICATION DATE: 04/25/05 NAME: Linda E. Smith ADDRESS: 1592 Roselawn Ave. W., Falcon Heights, MN 55113-5719 PHONE: (H) 651-646-5788 (W) 651-632-1602 HOW LONG AT ABOVE ADDRESS? 6 1/2 years IN WHAT CAPACITY DO YOU WISH TO SERVE? • I wish to serve as an environment commissioner. REASON YOU WISH TO SERVE ON ABOVE: I am interested in local issues and very interested in the environmental impacts that some of these issues might generate. I would like to think that I could make a positive difference by representing the residents in Falcon Heights. PRIOR PUBLIC (OR RELATED) SERVICE: I teach school part-time at St. Rose of Lima School. I think that by making students aware of issues, they become empowered to take actions that could have a positive effect on their lives and the lives of those around them. OTHER RELEVANT BACKGROUND (OR COMMENTS): ~f, ~; 13 CONSENT G3 OS/11/OS ITEM: Appointment of Annie Green, 1442 Idaho Avenue, to the Parks and Recreation Commission SUBMITTED BY: Mayor Sue Gehrz EXPLANATION: Summary: The Parks and Recreation Commission has two openings currently. I am recommending the appointment of Annie Green to fill one of the open seats. ATTACHMENT: Annie Green's application on page I ACTION REQUESTED: • Appointment of Annie Green to the Parks and Recreation Commission LJ 14 CITY OF FALCONHEIGHTS MAY ~ - 2005 C O MMI S SIO N A PPL I CA T IO N PHONE: (H) (.¢ ~ • 3 X33 (~ EMAIL ADDRESS: ~`~.lnd~C-~Ir~,~Ve (~~IF~YV~q;1~ .C6Y~ HOW LONG AT ABOVE ADDRESS? ~-~~..~5 IN WHAT CAPACITY DO YOU WISH TO SERVE? ~~,V ~ PRIOR PUBLIC (OR RELATED). SERVICE: `~~s, ~ 67,a,~ ~~ (~ - _ y~~~ VD~u~v+~ee~ c~~l-N't~-IcS OTHER RELEVANT BACKGROUND (OR COMMENTS): ~~-~~jJ- `~'`~ ~~ n U ISI • CONSENT G4 5/11/OS ITEM: Approval of slate of officers for the Falcon Heights Fire Department SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Clem Kurhajetz, Fire Chief EXPLANATION: Summary: Each year, the Falcon Heights Fire Department holds elections to choose the Chief, 1St Assistant Chief, and 2°d Assistant Chief. These officers serve athree-year term, and the election of officers must be approved by the City Council according to the department bylaws. The Fire Department recommends approval of the following slate of officers for 2005-2008: Chief: Clem Kurhajetz 1St Assistant Chief: Mike Clarkin 2°d Assistant Chief: Mark Allen • ACTION REQUESTED: • Approval of the slate of officers as elected by the Falcon Heights Fire Department • l~ POLICY Hl 5/11/OS ITEM: Proposals for recodification of Falcon Heights City Code SUBMITTED BY: Deborah Jones, Planning and Zoning Coordinator REVIEWED BY: Heather Worthington, City Administrator EXPLANATION: Summary: In 2004, the Council directed staff to put in motion a review and recodification of the City Code, a process that was last done more than 10 years ago. In preparation for this process, the Planning Commission undertook a study of Chapter 9 (the zoning code) to identify areas that might need updating or revision. Staff sought and received recodification proposals from three companies: American Legal Publishing, consultant for the League of Minnesota Cities, Municipal Code Corporation of Tallahassee, Florida; and Sterling Codifiers, Inc. of Coeur d'Alene, Idaho. All three firms have worked with Minnesota cites, all three come highly recommended by City Attorney Roger Knutson, and all three have received positive reviews from Minnesota clients. • Staff Recommendation: On April 21, Staff met with the City Attorney to review the proposals. While it is our consensus that any of the three companies would provide excellent service, staff is recommending Municipal Code for the following reasons. • Comprehensive service includes all the features we need • Base cost includes an on-site conference with our attorney, staff and other interested officials • Appearance and ease of use of the sample on-line codes for other cities • Flexibility of the Folio BoundVIEWS integrated code service and web options • Quality of the final printed product ~7 • ATTACHMENTS: • Comparison summary of proposals received on page ~_ • League of Minnesota Cities/American Legal Publishing Corporation on pages o~ ~"~~ o Proposal o List of clients • Municipal Code Corporation on pages pl,~- 3 o Proposal o List of clients • Sterling Codifiers Inc. on pages ~ ~-- o Proposal o List of references • Web URLs of sample city codes on page ~_ ACTION REQUESTED: • Approval of proposal from Municipal Code Corporation for recodification of Falcon Heights City Code /A • • y O tL a ~o w~ v n ~ ~ o a .~ N ox O U '~ w a o '' o ~ ~ U U rs, ~ ~ a~ a~ ~ ~ ~ ~ _ +~+ N fir' ~ bQ U ~ ~ U C/~ ~ U ~~" ' -i ~ U '~ "C7 ~ w 't3 . U ~ -~ N ~ N ~ ,ii • ~ v i • ~ ~-1 ~ „~ ~ O ~ Q., o ~ ~ o ~ u, , N N U ~ s~ .^~ ~ ~ ~ ~ at- ~ N U p ~ O 0 ~ •'. ~ ~ ~ ~ 0 O W ~, N v, ~U ~ ~ 3-~ bUA U ~ O U ~ _ A~ U N ~+ ~ ~, O ~ O Q~ ~ N '~ ~ N ~ ~' ~ ~ U s., O~ O ~ ~ O O~ N O H N O ~ 0 ~ ~ v~ 0 ,~ ~ W ~, >, O ~ ~, ~, ~, ~, j, p ~ O 64 O 69 O 6N?- ~O 64 O U U .~ +' ~ O CSC Q' U ~ ^-~ 3 ~, V ~ ."" U U ~ o • ~, ~ o ' ~ ~ ~' a~ ~ ~? o ~, a. 3 •~ ~ ~ ~ o o •~ ~ ~ '~' s.. U cd -~ ~ ~ N 3 ~~ x ~ ~ ~ ~ °~ 3 ~ ~ ~ ~ ~ ~ '~ o ~ ~ ~ ~ ~ o ~ ~ a~i . ~ a~i ~„ U . ~, ~ v ~ ~, ~ ~ o a ~ U h ~ U a v~ O v~ te a,., ~ w U Q pa N 0 U L,~'`~ C ;1,,~3 L'~' - CODIFICATION SERVICES AGREEMENT March 15, 2005 The City of Falcon Heights, Minnesota ("City") and the Lea consultant, American Legal Publishing Corporation, (jointly known as~`Codifierities and its codification ), agree as follows: I. THE CODIFIER SHALL: (1) Examine the City's prior code of ordinances (if any), anti all ordinances or resolutions provided by the City which have been passed since the last codification, and determine which materials are to be codified. (2) Classify all materials into titles, chapters, and sections, according to subject matter. (3) Update all provisions to reflect current statutory and case law re ' glurements. (4) Simplify language where appropriate to effect uniformity of style and to convert to gender neutral language wherever possible. (5) Suggest new provisions which the City should consider inclu provisions which are no lon er recess ~ in ~ new code, and delete old g ary or which might be improper or unlawful. (6) Organize the code in an easy to use manual which utilizes a numbering system that allows for the easy insertion of future ordinances. ('1) (a) Prepare title, chapter, and section headings. (b) Prepare a legislative history for each section, citing the ordinance number and date of passage, as indicated on copies of ordinances supplied to the Codifier. `' (c) Prepare a table of contents and sectional analysis for each chapter. (d) Prepare an index (which will be created after the first draft of the Code is submitted). (8) Within six months of the execution of this contract and return of the code questionnaire, prior code and new ordinances by the City, submit to the city a draft of the code with a legal report prepared by American Legal with the assistance of the League's Attorney. (g) When the City either returns to American Legal its answers to the legal report with any additional comments about the draft; or completes the legal conference, it shall be deemed authorization by the City to the Codifier to finish editing and publish the code in final form. Any further changes, additions, or deletions shall be made in the future supplements to the code in accordance with paragraph III (3) of this Agreement. (10) Within three months of receipt of authorization as indicated in paragraph (g), the Codifier will deliver 20 printed copies of the code meeting the following specifications: ! (a) Type to be single or dual column, at the option of the City. 1 (b) Page size to be 81/z" x 11". (c) All co ies to _ p be in hard leather like covered, 3-ring, loose leaf binders. All binders shall have the City's name stamped in gold and shall contain divider tabs. Page 1 of 5 V (11) Deliver to the City a sample ordinance that can be used to adopt the new code. In addition, upon request, the Codifier will provide a copy of the completed code on computer disk in WordPerfect or Microsoft Word compatible at no additional charge. II. THE CITY SHALL: (1) Provide clear copies of all materials necessary to perform the codification, including a copy of any previously published code of ordinances, ordinances passed since the code was last.updated, City Charter if applicable, and completed code questionnaire. (2) After receipt of the draft and legal report described in paragraph I (S), the City shall have 60 days to review the draft and report and to return to the Codifier its answers to the legal report. In the alternative, if the City opts for the legal conference described in paragraph III (1), it must contact the Codifier's Staff Attorney within 60 days to set up a meeting date. The meeting, itself, need not occur within the same 60 day period. If the City fails to either return its comments and answers to the legal report within 60 days or, if applicable, to set up a meeting date, the City may request that the Codifier extend the deadline in writing. The Codifier may adjust the contract price to cover any increased costs due to the City's delay. Should the City abandon the project prior to completion, it will be billed for a total of SO % of the base price. (3) Pay to the League as a base price, the sum of $9,125 for its services, payable as follows: 20 % down payment due upon acceptance of this agreement ,(invoice will be sent); 50 % upon receipt of the draft of the new code; (4) The base. price above is based upon a code of the following number of pages according to the format option of the City. Should the final number of code pages exceed or be less than the estimate by more than 5 %, the base price will increase or decrease accordingly at the time of final invoice: The remaining balance upon receipt of the printed code books. (5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day period shall be subject to a late payment equal to 1.5 % of the unpaid balance per month, or part thereof. III. OPTIONAL SERVICES. The City, by the initials of the person sinning the agreement, chooses the following options: INITIAL (1) Leal Conference: The Codifier's Staff Attorney (or the League's attorney if requested by the City j will meet with City representatives to review the draft of the code and legal report. The City will pay for the Page 2 of 5 dl I.J Staff Attorney' travel expenses from Cincinnati, Ohio (or the League's attorney's expenses from St. Paul, Minnesota), including meals and lodging expenses, and this charge is in addition to the base contract price. There is no additional charge for phone conferences. (2) Cod_ e Format: Print style (circle one): Single-column or Dual-column (3) Three vear supplemental service elan: For a period of three years after delivery of the code: (a) The Codifier shall: Incorporate into the code new pertinent ordinances submitted by the City. 2. Revise or make additional entries to the table of contents and index as necessary to reflect the incorporation of additional, changed or deleted material. 3. Within 45 days, deliver to the City 20 printed copies of supplemental pages with an instruction sheet for directing the placement of the new pages in the code. (b) The City shall: 1. Provide a copy of ordinances or resolutions passed subsequent to publication of the previous code supplement; 2. Pay to the Codifier the sum of $18 per single column page or $22 per dual column page which is re-printed for the supplement. (c) Upon completion of the three-year period, this agreement shall automatically renew itself from year to year except that either party may alter or cancel the terms of this agreement at any time upon ninety days written notice. (4) Additional Copies^ o_; The City may purchase additional copies of the code at $60.00 per copy or $45 without a binder. (5) Code in Word Processing Program: At no additional charge, the Codifier will provide the code on disk or CD in one of the following formats (circle one): WordPerfect or Microsoft Word compatible Page 3 of 5 ~a (6) Folio 4 Search and Retrieval nroaram: (a) The codifier shall rovide the Ci 's p ty code in the Folio format on CD with complete instructions and one copy of a manual for $595. Additional CD's are $10 each + $50 license fee ($60 each): # CDs (b) Future Supplements of Folio Code: (cost is in addition to editing charge for printed pages) Annual update: $195 includes up to 100 pages - • Six month updates: $150 for each 6 month period; includes up to 75 pages Quarterly updates: $100 for each quarter, includes up to 50 pages -Excess pages charged at $1.95 each (c) Additional License Fees for cone-time fee of $50 each: Order: # of additional licenses (d) Optional On-Site Installation & Training at $695/day + Travel Expenses: (e) Code on the Internet (after Folio conversion) at $200 per year: (7) Pamphlets: (a) Pamphlets, sized for 81/z " x 11 " copy, containi-ng component parts of the Code, with a cardstock cover, may be ordered: (circle desired topic and insert number of copies): J Traffic/General Offenses Code # of copies Zoning Code # of copies Subdivision # of copies J All Land Use Regulations # of copies Other # of copies (b) Cost: 1-50 copies of pamphlet - .075 per printed page 51-99 copies of pamphlet - .070 per printed page 100 or more copies of pamphlet - .065 per printed page - (c) Optional 3-ring binders ($15 each) (d) Pocket sized pamphlets are available at rates to be agreed upon. - Page 4 of 5 ~3 • American Legal Publishing, Inc. List of Minnesota Clients Apple Valley Brooklyn Park Carver County Hermantown Hutchinson Lake Elmo Lindstrom Milaca Minnetonka North Saint Paul Osseo Preston Shorewood St. Michael Waseca Waverly Wayzata Worthington ~4 • PROFESSIONAL SERVICES PROPOSAL MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to research, edit, and recodify the Code of the CITY OF FALCON HEIGHTS, MINNESOTA, a municipal corporation duly organized and existing under state law, hereinafter referred to as the Municipality, according to the following terms and conditions: PART ONE RRECODIFICATION OF THE ORDINANCES (1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's attorney, recodify the Code as updated. The Municipality may forward ordinances subsequently enacted for inclusion in the new Code until notice is received that the legal research has been initiated. We request the ordinances be furnished electronically (diskettes, a-mail, CD-ROM, etc.), though they may be furnished in printed form. (2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in preparing the Code, a copy of the current Code and all ordinances of a general and permanent nature passed in final form. (3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the Municipality's attorney. All recommendations are intended for use by the Municipality's attorney, and as such should not be considered legal advice to anon-attorney. Before the conference with the Municipality's attorney, MCC's attorney will: a) State Law. Research the Code and subsequent ordinances to be included in the new Code against state law. This process will discover inconsistencies and conflicts with, and preemptions by, the state law. b) State law references. Update all state law references and append new references as necessary. c) Internal consistency. Research the provisions of the Code and subsequent ordinances to determine if there are inconsistencies, conflicts or obsolete provisions. (4) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the Municipality for a conference with the Municipality's attorney and other interested officials. The following will occur at the conference: a) Issues. Issues discussed will include all inconsistencies and conflicts discovered during research, as well as obsolete provisions. b) Solutions. Recommendations will be made regarding solutions to the issues discussed. c) Implementation. Agreed upon solutions will be implemented with the help of MCC's attorney. The Municipality's attorney has ultimate decision-making authority for solutions and implementation. c~S • d) Sample ordinances. MCC has an extensive collection of Sample Ordinances. Recommendations will be made regarding new legislation on specific subjects where there is an obvious need. To facilitate this, the Municipality should request recommendations on subjects of specific concern. This service can be continued through the Supplement Service; please see Sample Ordinance Service under Part Two of this proposal. e) Organization. Organizational suggestions will be reviewed with the Municipality providing comments and suggestions. (5) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will draft and submit a memorandum outlining the substantive changes, solutions and implementations agreed upon. We recommend the proofs be reviewed in conjunction with the conference memorandum. (6) EDITORIAL WORK. The manuscript will be prepared to include: a) Proper phraseology. Concise, modern and proper phraseology, without conflicts, ambiguities and repetitious provisions. b) Chapter arrangement. Each chapter of the new Code shall embrace all ordinances of the same subject matter. Within the chapter itself, the ordinances shall be arranged in an orderly and logical fashion, to include articles and divisions as necessary. Chapters and sections will be reserved for future expansion. Title arrangement is also available and will be discussed at the conference. Depending upon the arrangement chosen, MCC will • provide samples for organization of the material that best fits the Municipality. c) Indentation. MCC provides a consistent indentation and numbering system for the Code. This provides the user additional ways to scan and use the text. MCC's indentation structure provides better readability. d) Table of contents. This table will list the chapters, articles and divisions of the Code, giving the page number upon which each begins. e) Chapter analysis. Each chapter of the new Code will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. f) Catchlines. Each section will be preceded by a catchline describing the content of the section. g) History notes. Where possible, history notes from the existing Code will be maintained in the new Code. MCC will also add a note for each section added during the project. The note will indicate the source from which the section is derived. h) Comparative table. This table lists all ordinances included in the Code and indicates the section in the previous Code from which it was derived; new ordinances are listed in chronological and/or numerical sequence, setting out the location of such ordinances in the Code. i) State law reference table. This table lists by state law citation all sections carrying a reference and their location within the volume. • ~~ • (7) NOTICE OF COMPLETION OF EDITORIAL WORK. MCC will notify the Municipality in writing upon completion of all editorial work. No additional ordinances will be included in the Code manuscript subsequent to such notice. (8) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the Municipality for review. The Municipality may make word changes on the proofs without charge. However, the Municipality will be charged for changes or deletions constituting more than one page of type. For the purpose of this proposal, a page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. It shall be the duty of the Municipality to return the proofs, with any changes indicated thereon, within forty-five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the Code and no changes shall thereafter be allowed. Should the Municipality request to review the proofs beyond forty-five (45) days but fail to return them within five (5) months, the contract balance shall become due and payable. Upon mutual agreement regarding time and compensation, MCC shall update the proofs with subsequent enactments before delivery of the printed Code. MCC guarantees typographical correctness. Errors attributable to MCC will be corrected throughout the term of the contract, without charge to the Municipality. MCC's liability for all services shall extend only to the correcting of errors in the Code or future supplements, not to any acts or occurrences as a result of such errors, and only so long as the contract is in effect. • (9) INDEX. After return of the proofs but before printing, a comprehensive, general index for the Code will be prepared. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. (10) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will proceed with printing and binding the Code in accordance with the following: a) Copies. The number of copies desired by the Municipality will be printed on 50 lb. premium multi-purpose paper. b) Page format. MCC's page format is designed for consistency and readability. The page size will be consistent with the format chosen by the Municipality: 8 'h x 11 inches, single column or 8 '/2 x 11 inches, double column (samples attached). We provide two different page headers, chapter and Code name, to allow better navigation within the Code. We also provide ears to designate the section the page contains. Our page numbering allows for growth within the volume, as does our reserved chapter option. These items will be discussed at the conference with the attorney. c) Type size. Various type sizes are available for text. MCC will publish the Code in ten- point type unless otherwise specified. Notice of such font change must be given prior to notice of completion of the editorial work so that the impact upon cost can be determined and discussed. MCC provides many different font sizes. We recommend aten-point size to reduce the size of the volume. The ten-point size is legible and also provides for minimizing the volume size. We also offer eleven- and twelve-point size. ~~ k • d) Tables and graphics. Tables, drawings, designs, Algebra formulae, graphics, or other materials that require special methods of reproduction or modification, will be charged as set out on the Quotation Sheet. MCC will require an electronic file of the tables and graphics included in the Code and/or a clean printed copy. e) Binding. MCC will bind copies of the completed Code in expandable post binders with slide lock fasteners. Covers will be imitation leather and available colors are black, burgundy, blue, or green, with gold lettering (samples are available for viewing at www .municode . com under the heading Products and Binder Samples). Other binder choices are available (D-ring and three-ring). Cost may vary. Additional binders can be ordered at any time at the then-current prices. f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides) for the bound Codes. The tabs will reflect the major divisions or chapters of the Code volume. g) Reprints of chapters. Additional copies of specific chapters or portions of the Code, e.g., zoning regulations or police manuals containing selected sections, may be ordered for binding in paper covers for separate distribution or sale. Prices will be furnished upon request. (11) CODE FURNISHED ELECTRONICALLY. The Code can be furnished in a variety of electronic formats as described below. All formats will be updated through the most recently published ordinance in the printed Code. • a) Folio BoundVIEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the Code is electronically indexed so queries are performed on the entire Code. A powerful, context-sensitive, on-line help system is included within Folio Bound [MEWS, though the software is sufficiently intuitive to use without consulting the help library. b) Code on the web. The Code may also be included on MCC's web site (www. municode . com). The site contains a collection of more than 1,500 local government Codes and is available to anyone with Internet access. All Codes on the site are integrated with a search engine and amendments to the Code are incorporated as the book is updated. A link to the Municipality's web site can also be provided. c) Word processing format. The master database of the Code can easily be converted into an RTF format that is useable in most of today's popular word processing formats, e.g., WORD or WordPerfect. Alternatively, the Code can be provided in a generic text format such as ASCII or HTML. Adobe Acrobat format is also available with bookmarked chapters. The Adobe format is searchable and matches the printed page. d) Code in Adobe PDF Format. MCC can provide the Code in PDF format. MCC will apply bookmarks for the chapters and, if available, the PDF version will contain a minor search tool. MCC may not be able to provide the Municipality a search tool in certain instances. The Municipality will need a copy of the Adobe Viewer (available for download for free from adobe. com). The PDF format matches the printed page and MCC provides a complete updated PDF each time the Code has been supplemented. • Should the Municipality desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product. a~ • e) Support and training. Telephone support for all of the above-mentioned programs is available during working hours by calling our toll-free number (800-262-CODE). Most problems are resolved in one call and this support is free of charge. Installing software is easily accomplished by the Municipal IT staff, although MCC's support is available during installation, if needed. All of the above-mentioned programs are very intuitive and typically do not require separate training, however, on-site training is available. A written quotation will be provided upon request. (12) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent to MCC so that it can be included in the Code. • ~9 • PART TWO SUPPLEMENT SERVICE (1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall forward to MCC copies of the ordinances upon final enactment by the Municipality. We request that the ordinances be furnished electronically and we have established a special a-mail address lords@municode . com) to receive e- mailedordinances. Printed copies are accepted. (2) SCHEDULE. After shipment of the new Code, MCC shall keep the Code up-to-date by the publication of Supplements that will contain the newly enacted ordinances of a general and permanent nature enacted by the governing body. Supplements can be published on a schedule to meet the requirements of the Municipality. A minimum of thirty (30) working days shall be required for delivery of a printed Supplement. (3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the Code in electronic media as set out in Part One of this agreement, MCC can provide the Supplements electronically on a schedule to meet the Municipality's needs, e.g., monthly or bimonthly. The Municipality may choose to have printed Supplements published less frequently. The electronic media will reflect the entire Code as updated through the most recent Supplement. (4) NEW ORDINANCES on the WEB (N.O.W.). MCC can post your ordinances on the web between supplements so that anyone searching your Code will find the most current legislation. To view this • service, go to the Jacksonville, FL Code of Ordinances -See "Ordinances Enacted/Not yet Codified" located at the bottom of the Table of Contents. Although your ordinances will be a part of your Code database, MCC will not edit the Code to include the new ordinances - we will simply post the ordinances in their original form. The Code on the Web is maintained through the supplement Service. Once ordinances posted through the N.O.W. service are included in a supplement to the Code, they will be removed from the web. If you would like ordinances incorporated into the electronic version of the Code more often than your printed Code is updated, please consider our Electronic Supplementation service. (5) EDITORIAL SCRUTINY. A member of MCC's editorial staff will study new ordinances in conjunction with the existing provisions of the new Code. Pages of the Code containing provisions that are specifically repealed or amended by ordinance shall be reprinted to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances are included, the Municipality will be notified so that remedial action may be taken. (6) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (7) INDEX AND TABLES. When the inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the index will be reprinted to include the new entries. 30 The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be kept current to reflect changes in the Code. (8) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of obsolete pages and insertion of new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. (9) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages is a list of each page in the Code and the most current supplement from which it is derived. The checklist allows instant determination of whether the user is relying on a page reflecting current ordinances. (10) GRAPHICS. Should the Supplement contain tables, drawings and graphics for which special methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet. (11) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up-to-date at the same time the Code volume is supplemented. (12) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be furnished • upon request. A sample index will be furnished for use in requesting the desired sample provisions. (13) UPDATE STATE LAW REFERENCES. Due to the nature of Supplementation, the state law references in a Code become outdated. MCC offers to update and add state law references at any time during this contract. MCC would also update the State Law Reference Table. Accordingly, a more complete legal review can be provided. See paragraph (14) below. The cost for the state law reference updating would be on an hourly basis, not to exceed a specific number of hours as agreed upon by MCC and the Municipality. (14) LEGAL REVIEW OF CODE. At any time the Municipality may request information and a cost for MCC to analyze the Code on achapter-by-chapter basis against the current state law. Written recommendations will be submitted to the Municipal Attorney as to any Code changes deemed necessary or desirable as a result of such legal review. MCC's attorney will work with the Municipal Attorney in drafting legislation as deemed necessary. The cost for the legal review and drafting services would be on an hourly basis, not to exceed a specific number of hours as agreed upon by MCC and the Municipality. (15) SHIPMENT; DISTRIBUTION. Supplements will be shipped to the Municipality for distribution to the holders of the Codes. However, storage, distribution and billing services are available. Prices will be furnished upon request. The Municipality shall have the exclusive right to sell the Codes and Supplements unless otherwise agreed to by the parties. • 3i • (16) TERMINATION. The Supplement Service provided under this Part Two shall be in full force and effect for a period of three (3) years from the date of shipment of the completed Code to the Municipality. Thereafter, the Supplement Service will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Two upon sixty (60) days' written notice. • • 3~ • QUOTATION SAEET PART ONE - RECODIFICATION: (1) BASE COST, includes $7,350 a) Legal Review b) Sample Ordinance Service c) Conference with MCC Attorney d) Conference Memorandum e) Editorial Work f) Typesetting and Proofs g) Indexing h) Printing and Binding i. Number of copies 4 ii. Number of binders 4 iii. Number of sets of special order tabs 4 iv. Estimated pages (Please choose desired page format)1 [] 8 '/z x 11 inches, single column 350 [] 8 '/z x 11 inches, double column 250 (2) BASE COST DOES NOT INCLUDE: a) Pages in excess of those listed above will be billed as follows: i. 8 '/s x 11 inches, single column $1 g ii. 8 '/z x 11 inches, double column $22 b) Graphics, additional charge each2 $10 c) Freight charges (invoiced upon shipment) Prepaid d) State sales tax, if applicable (3) ADDITIONAL SERVICES AVAILABLE: a) Code integrated with Folio Bound VIEWS: i. One license $495 ii. Each additional license $75 iii. Site license for up to 15 users $1,000 b) Code on the Internet, per year $350 (includes up to four updates) c) Code formatted for word processing Quotation upon request d) Code in Adobe PDF format, includes the search function $495 e) Reprints of chapters Quotation upon request (4) PAYMENT FOR RECODIFICATION. (May be scheduled through two and/or three budget years.) a) Upon signing of the contract $2.205 b) Upon completion of conference $1,840 c) Upon receipt of proofs $1,840 d) Balance upon delivery of Code. L J ' A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. z If a graphic is larger than one page, then the charge is per page. 9 PART TWO -SUPPLEMENT SERVICE (1) NUMBER OF PRINTED COPIES 4 (2) SUPPLEMENT SERVICE, Cost per page a) 8 '/z x 11 inches, single column $1 g b) 8 '/z x 11 inches, double column $22 c) Graphics, additional charge each3 $10 d) One set of updated electronic media, per Supplement $75 (cost in addition to regular Supplement per page charge) e) Additional sets of updated electronic media, per set $75 (3) ELEC TRONIC SUPPLEMENTATION (Costs include printed supplements on a semiannual or annual basis) a) Quarterly or bimonthly schedule, cost per page: i. 8 '/z x 11 inches, single column $1 g ii. 8 '/z x 11 inches, double column $22 b) Monthly schedule, cost per page: i. 8 '/z x 11 inches, single column $23 ii. 8 '/z x 11 inches, double column $27 (4) NEW ORDINANCES on the WEB (N.O.W.)' • a) Cost per ordinance, posted within 5 working days $15 b) Cost per ordinance, posted within 2 working days $25 (5) SAMPLE ORDINANCE SERVICE -during the first year following shipment of the Code No charge (6) PAYMENT FOR SUPPLEMENT SERVICE a) Payment for the Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. b) Freight charges for the supplements will be prepaid and invoiced at time of final billing. ' If a graphic is lazger than one page, then the charge is per page. ' Minimum $50 per posting. 10 34 • This proposal shall be valid for a period of ninety (90) days from the date appearing below. Submitted by: MUNICIPAL CODE CORPORATION Witness March 30, 2005 President/CEO Accepted by: CITY OF FALCON HEIGHTS, MINNESOTA Witness Title Date • 11 3S" • ,Municode.com • • Over 50 Years of Service MINNESOTA CLIENTS Ada Bayport Bemidji Blaine Blue Earth Co. Chanhassen Crosby Dilworth Duluth Eagan Elk River Excelsior Fairmont Faribault Grand Rapids International Falls Long Lake Maple Grove Maplewood Marshall Meridian Minneapolis Minnetrista New Hope North Branch Northfield Orono St. Paul St. Paul Park Stillwater Victoria Watertown Willmar Woodbury Wyoming 3/05 3~ . PROPOSAL for CODIFICATION SERVICES for the CITY OF FALCON HEIGHTS, MINNESOTA Pursuant to the city's request, Ster/ing Codifiers, Inc, herewith submits its proposal for codification services on this the 12th of April, 2005. I. Materials Furnished by City. The city will provide Sterling with a copy of its present code and all ordinances passed since the last update to that document. It is understood that your code totals 262 pages and is available in a compatible Word format. Although there are numerous ordinances to add, most are very short in context. Future ordinances will be forwarded to Sterling as adopted by the city. • II. Initial Services. A. Communication Between the City and Sterling. Sterling will provide for an open dialogue between its staff and the city to discuss procedures and to familiarize the city with the scope of services under this contract. B. Suggested Organization. The first step in the project contemplated under this proposal will be to list out all the provisions of the present code and determine an organization that best fits the needs of the city. The organization will look to easy readability and searching by the reader, and to ease of addition of future legislation. The city will review the suggested table of contents and indicate any changes it desires in a timely manner. Sterling will not proceed with the project until the proposed table of contents has been approved by both the city and Sterling. C. Research and Legal Review. Sterling will review and analyze the legislation, checking for: • Provisions that are conflicting, duplicated, inconsistent or obsolete; • Vague language; • Comparison with current state statutes and pertinent other state and federal law. All statute references contained in the city's legislation will be corrected to current citations; • All areas of the legislation that could pose a possible problem to the city; • Recommendations as to areas where new legislation is needed • Sterling Proposal -Page 1 3'] • The various city officials will communicate to Sterling's research staff any concerns and problem areas that have arisen with the use of its present code, so that the legislation can be checked against current operations of the city. D. Presentation of Code Workbook. Sterling will prepare a draft for presentation to the city, using the organization agreed to in subsection B of this section. The draft will contain: • Current legislation of the code, as organized, edited and compiled, showing the current status of the city's law, and • Findings of the Sterling staff as a result of the legal review described above. E. City to Indicate Changes. City officials will review Sterling's findings regarding questions and suggestions, and provide the needed information to allow Sterling to proceed with publication of the code. F. Make Changes and Format New Code. Sterling will make all changes directed by the city and format the code for publication in the page format, type size and style meeting Sterling standards. The code will be proofread and any changes thoroughly scrutinized for complete accuracy. The new code will contain: • A page listing all the chapters and/or articles contained in the code. • Pre-chapter analyses, listing all sections contained in the chapter. • • Descriptive catchlines to each section and, if applicable, subsection, of the code to provide a summary of the context contained therein. • Text of the legislation, accurately and properly worded, capitalized and punctuated. The style of the written word will be made uniform throughout, with proper phraseology, and with no substantive changes made by Sterling other than those previously agreed to and as directed by the city. • Historical notations indicating the source and date of adoption of each enactment. • Cross-references and statutory footnotes as required to tie related sections together and to address relevant state law. • Any tables or appendices containing materials deemed necessary in the code. G. Index. A comprehensive, key word index will be prepared for the new code in easy to read language that quickly directs the reader to the desired subject matter. H. Publication of Final Code. 1. Hard copy. Sterling will publish the desired number of hard copies of the new code using state of the art publishing procedures, high quality binders, and custom tab separators. The cosmetic look of the page will be in modern format projecting a professional image for the code. Binders are multi-ring and will be imprinted with the city's name. Mylar reinforced tabs, printed both sides, will be provided for the major divisions in the code. 2. Code On/ine. Sterling will also provide and host the city code on the Internet. A link from Sterling's web site to your city home page provides: • Electronic code accessibility to your public Sterling Proposal -Page 2 38 • • Single click access to code provisions • Easy search capabilities, including expandable table of contents • Cross-reference jump links within text • No proprietary software needed • Ordinances pending codification linked to affected code provisions • Ongoing technological innovations to meet your needs Exclusive to Sterling clients is the online'~Ordinances Pending Codification" function. • As ordinances are adopted, email the ordinance to Sterling. • Within 24 hours we post the ordinance online in the ~~Pending Codification" folder. • City staff and public can view new ordinances as they are adopted. • Your code is current and accurate at all times. • Jump links connect the ordinance with affected code sections. Sample codes can be viewed at www.sterlir~gcodifiers.com. Adopting Ordinance. Sterling will provide the city's legal counsel with a draft of an adopting ordinance, providing for the formal adoption by reference of the new code, as herein published. III. Ongoing Services. • A. Supplement Service. Upon passage of a new or amending ordinance, the ordinance will be sent to Sterling who will prepare it for inclusion in the code. In the process of supplementation, Sterling will analyze the ordinance to be sure there are no discrepancies or conflicts with other parts of the code not addressed by the new or amending legislation. Any questions will be directed immediately to the city and clarified before work on the legislation is completed. The amendments will then be inserted, all changes to the table of contents, index and pages with special tables made, and the proper number of supplement sets for hard copy and updated electronic copies will be forwarded to the city. B. Post Newly Adopted Ordinances Online as "Pending Codification." If the city emails newly passed ordinances to Sterling, we will post them online in the "Pending Codification." folder. This will keep all ordinance provisions current online for both administrative and public use. IV. Project Dates. Preparation and presentation of initial draft and legal review 6 months City's review period 3 months Make changes, index and publish new code 3 months Supplement service turnaround time 45 days V. Additional Services. • A. Sample Legislation. Sample legislation is available upon request at no charge. We offer samples as a service to our clients in drafting legislation to meet your needs, together with state law changes impacting your legislation. Sterling Proposal -Page 3 39 • • B. Special Reprints. Reprints of any part of your code can be prepared at the time the code is originally published, or at any time thereafter, for salt or distribution by the city. This can be a title, a chapter or a combination of chapters. C. Additional Volumes of Code. Additional volumes of the code can be prepared at any time, with no minimum order requirement (other than for custom binders). VI. Cost and Payment Procedures. A. Initial Services. Base price Base prices includes a finished code of 300 pages Additional charge over 300 pages Number of hard copies with binders and tabs Maps, diagrams, tables Additional hard copies, per copy Format code to html B. Ongoing Services. Supplement service, per page Annual host fee Online `Pending Ordinance' service $5,960.00 $18 15 No additional charge $65 Included $20.00 $500.00 No additional charge C. Shipping and Handling. Shipping and handling charges are prepaid by Sterling and invoiced to the City. D. Payment Schedule. Sterling suggests the following payment schedule for the initial codification project proposed herein: $2,800.00 Upon signing of contract $1,400.00 On delivery of draft Balance On delivery of published code WHY CHOOSE STERLING? L~ CELEBRATING 51 YEARS. Sterling is celebrating 51 years as afamily-owned, client- centered legal publisher. Sterling is located in Coeur d'Alene, Idaho. With over 890 city, county, and governmental district clients, Sterling is the major codifier in the Western United States. PEOPLE. What sets STERLI/VGapart is OUR PEOPLE. We consider ourselves an extension of your staff, offering the benefits of our combined expertise, extensive training and Sterling Proposal -Page 4 40 • commitment to excellence. You will find doing business with STERLING not only exceeds your expectations, but is a pleasure as well. PROCESS. We continually refine our processes to assure our clients excellent service. We never "assume" a position with your legislation, calling you to clarify any misleading or vague provisions in order to be sure that your code is accurate and reflects the city's intent. PRODUCT. Having been in the codification business for 51 years, we provide you with a quality, long-lasting code, with innovative technology and with consistent, reliable supplement and support services. To codify with STERLING is to receive the most comprehensive and thorough approach to codification available. STERLINGappreciates the opportunity to submit this proposal, and we look forward to being the'~codifier of choice" for the CITY OF FALCON HEIGHTS, MINNESOTA. STERLING CODIFIERS, INC. By Bobbi Rollins President & CEO • • Sterling Proposal -Page 5 ~i i~ STERLING CODIFIERS f, ~' MINNESOTA References City of Lakeville Char Eriedges, Clerk 952-895-4404 cfriedges(c~ci.lakeville.mn.us City of Mendota Heights Kathy Swanson, Clerk 651-452-1850 kath~(a~mendota-heights.com City of Burnsville. Sue Olesen, Clerk 952-895-4491 _sue.olesen(a~ci.burnsville.mn.us City of Albertville Larry Kruse, Administrator 763-497-3384 albertvillecitY2 (c~ earthlink.net City of New Market Andrea McDowell Poehler, Attorney 651.234.6224 apoehler(a~ck-law.com Sterling Codifiers, Inc. 7600 Mineral Drive Coeur d'Alene, ID 83814 800-338-7458 www.sterlingcodifiers.com ~~ City Codes on the Web Municipal Code Corporation http://www.municode.com/index. asp Maplewood (Municipal) http://www.ci.maplewood.mn.us/index.asp?Type=B_BASIC&SEC={A0004574-7000- 41 FE-AADE-D8BD8F9746ED } Maple Grove (Municipal) http://www.ci.maple-grove.mn.us/codes_ord/citycode.htm Sterling Codifiers, inc. http://www. sterlingcodifiers. com/ Burnsville (Sterling) http://66.113.195.234/MN/Burnsville/index.htm Lakeville (Sterling) http://66.113.195.234/MN/Lakeville/index.htm American Legal Publishing, Inc. http: //www. amlegal. com/ North St. Paul (American Legal) http://www.amlegal.com/north saint~aul/ Lake Elmo (American Legal) http://www.amlegal. com/lakeelmo_mn/ n `i 3 • POLICY H2 5/11/OS ITEM: Approval of Community Park roof replacement SUBMITTED BY: Greg Hoag, Director of Parks & Pubic Works REVIEWED BY: Heather Worthington, City Administrator Dave Tretsven, Senior Public Works Maintenance Worker EXPLANATION: Summary: The roof on the building at Community Park has developed some leaks in the area over the kitchen and restrooms .Staff has met with three roofing contractors to review the problems, we asked all three contractors to submit three separate proposals to: 1) repair just the problem areas; 2) replace just the entire north section; 3) replace the entire roof on the building. All three of the contractors are in agreement that the best action is to replace the entire roof. There are indications that there may also be some areas on the south side of the roof that may soon be problem areas due to some depressions in the roof that hold water. After reviewing the three proposals staff is recommending a complete roof replacement. All three companies are providing a five year warranty on the installation and a thirty year warranty from the manufacturer of the shingles. The following is a summary of quotes to do a complete re-roof: Please note the second cost listed is the cost per sheet of new plywood as needed for the decking. This is an unknown cost until the roofer tears off the old roof. The total cost of the project will be the company's base bid plus plywood. Tacheny Roofing 2980 Rice St. Little Canada, MN 55113 $10,260 $60.00 Stock Roofing Company (Central Roofing) $10,625 4550 Main Street NE Minneapolis, MN 55421. Twin City Roofing 768 Rice St. St. Paul, MN 55117 $48.75 $10,237 $60.00 Staff recommends that Tacheny Roofing be awarded the contract to re-roof Community Park Building. The City worked with Tacheny last summer when they re-roofed Curtiss Field's shelter building, and they did good work. Note: This work does not meet the competitive • bidding threshold ($50,000) under state statute, and staff always solicits at least three proposals for work such as this. 44 • Goa12: To sustain and promote the assets of the city's unique neighborhoods and tax base including commercial, residential and open space uses for present and future generations. Strategy 1: Maintain and enhance the neighborhood and community parks with updated facilities, recreation and community services. Action Item: Maintain a sound maintenance program for public facilities. ACTION REQUESTED: Authorize staff to contract with Tacheny Roofing to provide roof replacement at Community Park • 4S • POLICY H3 5/11/OS ITEM: Consideration of a resolution regarding consolidated 911 dispatching SUBMITTED BY: Sue Gehrz, Mayor REVIEWED BY: Robert Lamb, Councilmember Heather Worthington, City Administrator EXPLANATION: Summary: On Tuesday, April 26, the Ramsey County Board of Commissioners adopted a resolution that authorizes the shift of costs for 911 dispatching to the County property tax levy, under a consolidated approach to dispatching services. Voting in favor of the resolution were Commissioners Bennett, Carter, McDonough, Ortega, and Reinhardt. Voting against the resolution were Commissioners Rettman and Wiessner. The resolution directs each community to, in turn, adopt a resolution "opting in" to the consolidated services, and designate someone to negotiate on behalf of their city. The formula adopted allocates 100% of the dispatching costs to the countywide property tax • base, despite the fact that nearly 70% of all call volume in the county comes from the City of Saint Paul. For Falcon Heights, this change will mean an increase of more than 350% in dispatch costs for our taxpayers. The City of Falcon Heights is on record in support of consolidated dispatch; however, we feel strongly that the cost allocation formula, and shift of dispatching costs to the suburban communities under that formula, is inequitable. The resolution we are asking the City Council to adopt this evening reflects our support for consolidated dispatching, with the understanding that this support is conditional upon the Ramsey County Board of Commissioners reexamining the cost allocation formula, and including both tax base and usage data in that formula. ATTACHMENT: • Reso, l~it~~on 2005-OS regarding consolidated 911 dispatch in Ramsey County on page ~~ • CITY OF FALCON HEIGHTS COUNCIL RESOLUTION NO. 2005-05 Date: May 11, 2005 RESOLUTION REGARDING CONSOLIDATED 911 DISPATCH IN RAMSEY COUNTY WHEREAS, the City of Falcon Heights supports consolidated 911 dispatch in Ramsey County, and; WHEREAS, the City wishes to appoint Heather Worthington, City Administrator to represent the City in negotiations with Ramsey County regarding consolidated 911 dispatch services, and; • WHEREAS, the City of Falcon Heights' support of consolidated 911 dispatch is conditional upon the County Board reconsidering the cost allocation formula, and utilizing a formula that takes into account both tax base and usage of 911 dispatching, rather than relying upon tax base only; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA: The City of Falcon Heights will support consolidated 911 dispatch, and participate in negotiations for this service, with the understanding that the Ramsey County Board of Commissioners will reevaluate the cost allocation formula for a consolidated dispatch center that takes into account both tax base and usage of 911 dispatching. ADOPTED by the Falcon Heights City Council on May 11, 2005. Susan L. Gehrz, Mayor ATTEST: • Heather M. Worthington, City Administrator/Clerk y7