HomeMy WebLinkAboutCCAgen_09Oct28CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA October 28, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS
____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: October 14, 2009 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements
through 10/21/09: $20,160.87 TAB 2 Payroll through 10/15/09: $14,647.57 2. City License Renewal TAB 3 3. Appointment of Fire Fighters Michael Barkman and Bryan TAB 4 Sullivan 4. Lawful
Gambling Permit for Falcon Heights Elementary PTA TAB 5 5. Setting Date of Canvassing Board Meeting TAB 6 G: POLICY ITEMS 1. Changes in Ordinance Regarding Dogs in Public Parks TAB 7
2. Election Services Contract with Ramsey County TAB 8 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend
this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:3?0 p.m. at 651-792-7600. We will be happy to help
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES October 14, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X___ HARRIS
_X___ KUETTEL _AB___ LONG _X___ MERCER-TAYLOR _X___ MILLER _X___ C. PRESENTATIONS: D. APPROVAL OF MINUTES: September 23, 2009 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: LONG MOVED
APPROVAL 4-0 1. General Disbursements through 10/8/09: $169,174.65 Payroll through 9/30/09: $15,571.13 2. City License Renewal 3. Northwest Youth and Family Services Agreement MOVED
TO POLICY 4. Change of date for November 11th City Council Meeting MOVED TO POLICY 5. Resolution of Intent to Participate in National Flood Insurance Program G: POLICY ITEMS 1. Planned
Unit Development at 1871 Larpenteur , with zoning change and amendment to the City’s Comprehensive Plan HARRIS MOVED APPROVAL 2. Award Bid for Roof Top Unit Replacement ADDENDUM LONG
MOVED APPROVAL 4-0 3. Northwest Youth and Family Services Agreement MERCER-TAYLOR MOVED APPROVAL 4. Change date for November 11th City Council Meeting DATE CHANGED TO NOVEMBER 18-HARRIS
MOVED APPROVAL 4-0 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:40PM
CONSENT F1 10/28/09 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements
through 10/21/09: $20,160.87 Payroll through 10/15/09: $14,647.57 ATTACHMENTS: General disbursements and payroll ACTION REQUESTED: Approval
CONSENT F2 10/28/09 ITEM: City License Renewals SUBMITTED BY: Lisa Abernathy -Deputy Clerk The following individuals have applied for a Mechanical Contractors License for 2009. Staff
has received the necessary documents for licensure. ? Schwantes Heating & Air Inc. ? Joel Smith Heating & A/C, Inc.
CONSENT F3 10/28/09 ITEM: Firefighter Appointment SUBMITTED BY: Clem Kurhajetz, Fire Chief EXPLANATION: Michael Barkman and Bryan Sullivan are recommended for approval as a firefighter
with the Falcon Heights Fire Department. ACTION REQUESTED: Approval
CONSENT F4 10/28/09 ITEM: Lawful Gambling Permit for Falcon Heights Elementary PTA SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: The Falcon Heights Elementary PTA desires
to hold raffles at their annual carnival to be held at the Falcon Heights Elementary School. Since the dollar value of the prizes are expected to be over $1,500, an exempt permit to
hold lawful gambling activity is required. The Falcon Heights Elementary PTA is asking the City to approve their application to conduct this lawful gambling activity. They are requesting
the approval be with no waiting period so the raffle tickets can be printed and the students can start selling them as soon as possible. Because the gambling premises is within the city
limits, the city must sign on the LG220 Application Form. There are three choices for the city: (1) The City approves the application with no waiting period. (2) The City approves the
application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. (3) The City denies the application. Once the City signs their approval of the application,
the organization would then submit it to MN Lawful Gambling Board. The Board usually completes their process within a couple of days and mails out the permit or arranges with the organization
to pick it up at the Board’s office. The organization must also complete a Financial Report that must be returned to MN Lawful Gambling within 30 days of the gambling activity. ACTION
REQUESTED: Approve this temporary permit request with no waiting period by the Falcon Heights Elementary PTA to conduct lawful gambling activity at their annual carnival.
CONSENT F5 10/28/09 ITEM: Setting Date of Canvassing Board Meeting SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Minnesota Statues require that the city council meet as
the canvassing board following a municipal election to certify and declare the results by November 10th. Since the city council will not be holding a regular council meeting until November
18th (due to moving the November 11th meeting because of Veteran’s Day), an alternative meeting date needs to be set. Since the council will be meeting on November 4th in a workshop,
staff is recommending that the city council meet at 6:30 that evening beforehand to quickly canvass the votes and declare the results. ACTION REQUESTED: Staff recommends that the Falcon
Heights City Council hold a special meeting on November 4th, 2009 at 6:30 pm in order to canvass the results of the municipal election and to declare the results.
POLICY G1 10/28/09 ITEM: Changes to Ordinance Regarding Dogs in Public Parks SUBMITTED BY: Lisa Abernathy, Recreation Supervisor REVIEWED BY: Justin Miller, City Administrator Tim Pittman,
Public Works and Parks Director Summary: This past summer the Parks Commission conducted a dogs in the parks trial period in which leashed dogs would be allowed in designated areas of
Falcon Heights parks between the dates of Monday, May 25th and Monday, September 7, 2009. City employees recorded feedback from the public on this trial and presented it to the Parks
Commission at their September meeting. The City received little feedback from the public however, the feedback that was received was all positive regarding the trial period. Therefore,
the Parks Commission would like to permanently change the City ordinance allowing leashed dogs in public parks. Below is the current City ordinance and the Parks Commission’s recommended
changes. City Code section 34-21(b) currently states: No animals are allowed in public parks, except for dogs accompanying a person engaged in search or rescue activities and as otherwise
provided in Minn. Stats 256C.02 Parks Commission’s Recommended changes: Leashed animals are allowed in public parks, expect for designated areas such as playground areas, tennis and
basketball court, park shelters and ice rinks with the exception of dogs accompanying a person engaged in search or rescue activities and as otherwise provided in Minn. Stats 256C.02.
Action Requested: The Parks Commission is recommending approval of the changes to City Code section 34-21 (b).
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 34 OF THE FALCON HEIGHTS CITY CODE CONCERNING PARKS AND RECREATION THE CITY COUNCIL
OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 34-21(b) of the Falcon Heights City Code is amended to provide: Animals are prohibited in public parks, except: (1) dogs accompanying a
person engaged in search or rescue activities (2) service dogs as provided in Minnesota Statutes § 256C.02 (3) animals on a leash six feet or less in length except leashed animals are
prohibited in playgrounds, tennis and basketball courts, park shelters, ice rinks and areas with a sign prohibiting dogs. SECTION 2. This ordinance shall be effective immediately upon
is passage and publication. ADOPTED this ______ day of ____________, 2009, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter
Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk
POLICY G2 10/28/09 ITEM: Election Services Contract with Ramsey County SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Earlier this year staff approached Ramsey County about
providing a proposal for conducting election services in the City of Falcon Heights. After several discussions, as well as a city council workshop where the topic was discussed, a proposed
agreement is attached to this report for the council’s consideration. Key points of the proposal include: ? The term of the contract will be from January 1, 2010 through December 31,
2012. During this time, there will be two state and federal elections (2010 and 2012) and one municipal election (2011). Either party may terminate the contract by June 1st of any year,
cancelling the contract in the years following the written notice to terminate. ? The county will provide all services and equipment needed to perform all election related duties. Some
examples include training and hiring of election judges, operation, maintenance and storage of equipment, providing legal notices, retaining records, and administering absentee voting.
? The City will still be responsible for approving polling locations and designating a principal contact person. ? If any special elections are required by the city that are not on the
date of a regularly scheduled election, the city will pay all costs associated with the special election. For 2010, the cost to the City of Falcon Heights will be $19,500. The costs
for the 2011 and 2012 elections will be provided to the city no later than April 1, 2010. This will allow the city time to opt-out of the agreement if the city does not agree with the
proposed fees. The preliminary 2010 budget currently has $12,432 allocated for election duties. While the Ramsey County proposal is more expensive, we will be able to replace the full-time
deputy clerk position with a part-time position, and these savings will results in an overall net savings of roughly $14,000 in the 2010 general fund budget. ACTION REQUESTED: Staff
recommends that the Falcon Heights City Council adopt the attached contract between Ramsey County and the City of Falcon Heights for election services.
CONTRACT BETWEEN RAMSEY COUNTY AND THE CITY OF FALCON HEIGHTS FOR ELECTION SERVICES This is a contract between the County of Ramsey (“County”) and the City of Falcon Heights (“City”)
for the provision of election services by Ramsey County. 1. Duration of Contract This contract will be in effect for the period beginning on January 1, 2010 and ending on December 31,
2012. 2. Contract Renewal and Termination This contract may be renewed for an additional four years by written consent of the County and City. An amendment to this contract for renewal
must be executed by all parties no later than June 1, 2012. This contract may be terminated by either of the parties by written notice to the other party no later than June 1 of any
year, effective on January 1 of the following year. Upon termination of this contract, the city-owned voting equipment, election supplies and related materials will be returned to the
City. 3. County Responsibilities Except as otherwise provided in this contract, the County will provide all services, equipment, and supplies as required to perform, on behalf of the
City, all election-related duties of the City under the Minnesota election law and other relevant state and federal laws. These duties will include but are not limited to: ? Recruitment,
training, and supervision of staff to carry out the duties specified in this contract; ? Annual inspection of polling places to verify compliance with all state and federal accessibility
requirements; ? Recruitment, training, and assignment of election judges;
? Payment of election judges' salaries in an amount determined by the Ramsey County Board of Commissioners; ? Operation, maintenance, testing, demonstration, storage, and technical support
for voting systems; ? Maintenance, storage, and replacement of voting stations for each polling place and for absentee voting purposes; ? Preparation and transportation of voting systems,
voting stations, and other election materials to and from each polling place; ? Providing election forms, supplies, and other related materials for each polling place; ? Conducting preliminary
tests and public accuracy tests of voting systems; ? Programming, layout and printing of ballots for City elections; ? Compilation and reporting of election results and election statistics
for dissemination to the appropriate canvassing boards and the public; ? Providing election-related information on the County web site; ? Conducting recounts for City offices and ballot
questions; ? Preparing, posting, and publishing election notices; ? Providing Providing information and assistance on election laws and procedures to City officials, candidates, the
news media, and the general public; ? Administering absentee voting; ? Administering campaign financial reporting and economic disclosure activities; ? Performing duties of candidate
filing officer, including acceptance of affidavits of candidacy and petitions;
? Analyzing proposed state and federal laws on election-related matters to determine impact on the City; ? Maintaining a database and preparing maps of election district and precinct
boundaries; ? Providing technical assistance to the City Council in redrawing precinct boundaries as required; ? Retaining election records for at least 22 months following each election;
and ? Retaining permanent archive of election results. 4. City Responsibilities The City will perform the following election-related responsibilities: ? Conduct official canvass of election
results following each City election; ? Provide the title and text of City questions to be placed on the ballot; ? Provide final approval for polling place locations; and ? Designate
a person who will be the principal contact for the City. 5. Office Space and Equipment Storage The County will provide suitable office and warehouse space to conduct all election-related
activities and for storage of election equipment and supplies or will make the appropriate arrangements with the City for storage of election equipment and supplies. 6. Upgrading or
Replacing Voting Systems The County will assess the need to upgrade or replace the voting systems used for state, County, and City elections held on and after January 1, 2011. The County
will provide the City with an estimate of the cost of upgrading or replacing the voting systems no later than March 1, 2011 if adoption of a replacement voting system is either required
by law or otherwise deemed
necessary by the County. The cost of upgrading or replacing voting systems is not included in this contract and will be the subject of a separate agreement. 7. Special Elections The
City will pay all costs for any municipal primary that is authorized by the City subsequent to the adoption of this contract. The County will conduct all special elections required by
law during the term of this contract. The costs of all special elections that are not held concurrently with a regularly scheduled state, County or City election will be paid separately
from payments for regularly scheduled elections under this contract. The City will pay all costs of any City special election that is not conducted on the date of a regularly scheduled
City, County, or state election. The City will also pay all costs applicable to the City of any state special election that is not conducted on the date of a regularly scheduled City
or state election.
8. School District Elections The County will make available the City voting equipment, polling places, election supplies and election judges to Independent School District 623 as needed
to conduct any primary, general or special election of the school district. 9. Insurance During the term of this contract, the County and City will maintain, through commercially available
insurance or on a self-insured basis, property insurance coverage on the voting equipment each owns, for the repair or replacement of the voting equipment if damaged or stolen. Each
party shall be responsible for any deductible under its respective policy. Each party hereby waives and releases the other party, its employees, agents, officials, and officers from
all claims, liability, and causes of action for loss, damage to or destruction of the other party’s property resulting from fire or other perils covered in the standard property insurance
coverage maintained by the party. Furthermore, each party agrees that it will look to its own property insurance for reimbursement for any loss and shall have no rights of subrogation
against the other party. 10. Indemnification Each party to this contract will defend, hold harmless, and indemnify the other party, its officials, agents, and employees from any liability,
loss, and damage it may suffer as a result of demands, claims, judgments, or costs including, but not limited to, attorneys’ fees and disbursements, arising out of or related to the
indemnifying party’s performance or failure of performance under this contract. This provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions
to liability set by law. This provision will survive the termination of this contract. 11. Legal Representation The Ramsey County Attorney’s Office will advise and represent the County
in all election-related matters, except that the Falcon Heights City Attorney will advise the County on any election-related matter applying to the Falcon Heights municipal code.
12. Election Costs and Payments Except for 2010, payments to cover the costs incurred by the County in the performance of the provisions of this contract for regularly scheduled elections
will be made by the City in eight equal quarterly amounts for each two-year budget period, for a total of 12 quarterly payments during the initial term of the contract, based on invoices
submitted by the County. Payments will be due on March 31, June 30, September 30 and December 31 of each year. Payments in 2010 shall be made quarterly as outlined above. The cost of
election services for the 2010 budget period will be $19,500. The County will provide the cost for the 2011-2012 budget period to the City no later than April 1, 2010. The County will
base the cost for the 2011-2012 budget period on the actual cost for the previous similar election years, adjusted as necessary by the County to account for the following factors: 1)
estimated voter turnout; 2) labor contracts and agreements for non-represented employees approved approved by the Ramsey County Board of Commissioners; 3) changes in the Consumer Price
Index for the Minneapolis-Saint Paul metropolitan area, as determined by the U.S. Bureau of Labor Statistics for the previous two-year period; 4) changes in state, federal, County or
City legal requirements; and 5) other factors having a significant impact on election costs.
The County will submit an invoice payable within 30 days of receipt to the City for all costs incurred by the County to conduct a special election. 13. Data Practices All data created,
collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute,
or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. 14. Alteration The provisions of this contract may be altered only
by mutual written consent of the County and City. Any alteration, variation, modification, or waiver of the provisions of this contract shall be valid only after it has been reduced
to writing and duly signed by all parties. Any alterations must be approved no later than June 1 of any year for implementation on January 1 of the following year. 15. Entire Agreement
This contract shall constitute the entire agreement between the parties and shall supersede all prior oral and written negotiations. [This space intentionally left blank.] IN WITNESS
THEREOF, the parties have subscribed their names as of the last date written below.
RAMSEY COUNTY CITY OF FALCON HEIGHTS By: _____________________________ By: _______________________ Julie Kleinschmidt Peter Lindstrom Ramsey County Manager Mayor Date: ________________________
Date: _____________________ Approval recommended: Approval recommended: By: _____________________________ By: _______________________ Mark Oswald, Director Justin Miller Property Records
and Revenue Department City Administrator Approved as to form and insurance: By: ____________________________ By: _______________________ Assistant County Attorney City Attorney Funds
are available: By: ____________________________ By: _______________________ Budgeting and Accounting Finance Director