HomeMy WebLinkAboutCCAgenda_94Feb23 City of Falcon Heights
AGENDA
Regular Meeting of the City Council
February 23, 1994
I. CALL TO ORDER: 7 p.m.
II. BALDWIN GEHRZ GIBSON TALBOT HUSTAD
JACOBS HOYT ATTORNEY ENGINEER
III. COMMUNITY FORUM
IV. APPROVAL OF MINUTES: February 9,1994
V. PUBLIC HEARING: None
VI. CONSENT AGENDA:
C -1. Disbursements
a. General disbursements through 2/16/94, $456,591.40
b. Payroll, 2/1/94 2/15/94, $18,557.90
C -2. Licenses
C -3. Awarding of contract for 1994 street sweeping
C -4. Approval of amended E -Z Recycling Contract
C -5. Appointment of Catherine Mackiewicz to the Solid Waste
Commission
C -6. Request for purchase of ten radios for fire /rescue
personnel as replacement for old sets
C -7. Request for payment for mandated relocation assistance
and moving expenses for residents of 2061 W.
Larpenteur Ave.
C -8. Authorization for staff to apply for the State of
Minnesota Urban and Community Forestry Challenge
Grants Program 1994
C -9. Cancellation of workshop on Feb. 28, 1994 at 7:45 p.m.
Rescheduling workshop to March 9, 1994 at 7:45 p.m.
VII. POLICY AGENDA:
P -1. Proposed resolution ordering the improvements at
Falcon Heights Elementary School at 1393 Garden Ave.
ACTION:
e7L
P -2. Roseville Area High School request for use of
Community Park tennis courts
ACTION:
P -3. Draft Request for Proposals (RFP) for police service
ACTION:
Page 2
Council Agenda
Feb. 23, 1994
P -4. Proposed citywide garage sale for Saturday, May 21,
1994
ACTION:
P -5. Request to donate $100 toward Human Rights'
Commissioner's attendance at the International
Conference on Human Rights
ACTION:
VIII. INFORMATION AND ANNOUNCEMENTS:
I -1. Human Rights Commission Minutes of Feb. 8, 1994
IX. ADJOURNMENT
MINUTES
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 1994
Baldwin convened the meeting at 7:03 p.m.
ALL MEMBERS PRESENT
Baldwin, Hustad, Gehrz, Gibson Talbot and Jacobs. Also present were
Bachman, Hoyt, Maurer and Phillips.
MINUTES OF 1/26/94 APPROVED AS CORRECTED
Hustad suggested on Page 3, "Discussion of Possible Community and Neighbor -Based
Play Groups" be changed to read "Discussion of Possible Community and Neighbor
based Indoor Playground Hustad also corrected the spelling of Nan Knutsen from
"o" to "e Jacobs added that his name be noted on the list of absentees.
Gibson Talbot noted a typo on page 2, first paragraph, where it should read 1993
rather than 1933.
CONSENT ITEM C -5 DELETED FROM CONSENT AGENDA AND PLACED ON POLICY
AGENDA
Hustad requested Item C -5, Request for authorization to request proposals for the
demolition and removal of 2061 W. Larpenteur Ave. be placed on the policy agenda.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous consent:
1. Disbursements
a. General disbursements through 2/3/94, $54,989,83.
b. Payroll, 1/16/94 to 1/31/94, $11, 742.52
2. Licenses: DeLange Dancers Studio, Inc., #3046, Hewlett Packard,
#3047, Source Comics Games, #3048, Do -It- Yourself Upholstery
Supply, #3049, Action Disposal Systems /BFI, #3050.
3. Appointment of Nick Baumann to assistant fire chief.
4. Authorization for city administrator to sign contract
5. Scheduling a workshop with the planning commission to discuss the
commission's recommendations on the city's commercial development
moratorium.
Page 2
Council Minutes
2/9/94
PRESENTATION OF RESOLUTION FROM ROSEVILLE INDEPENDENT SCHOOL
DISTRICT #623 PETITIONING FOR PUBLIC IMPROVEMENTS TO BE SPECIALLY
ASSESSED AT FALCON HEIGHTS ELEMENTARY SCHOOL LOCATED AT 1393 W.
GARDEN AVENUE
The resolution petitions the City of Falcon Heights for improvements to Falcon Heights
Elementary School to be financed through a special assessment to the school district.
John Thein, Assistant Superintendent of Roseville School District #623 and Mr.
Hamilton, the architect involved in the elementary school remodeling project, gave a
brief review of the planned improvements which include certain street improvements,
storm sewer and parking improvements not to exceed $250,000. These
improvements would be constructed during the spring and summer of 1994 and the
city would only be involved in the financial aspects of the project.
Jacobs questioned the 6.1 percent interest rate and Hoyt explained this is the rate the
city is currently receiving on its investments. This arrangement would be reviewed
every six months to correspond to the city's rate of return on its investments and if
the city's return is higher than 6.1 percent, the school district agrees to pay the higher
rate. The arrangement seems to be beneficial to both parties and Hustad moved to
accept the resolution based on adopting an agreement that guarantees the city would
not incur any costs or lose revenue on this special assessment. Motion carried
unanimously.
COOPERATIVE AGREEMENT FOR FINANCING AND CONSTRUCTION OF STREET AND
RELATED IMPROVEMENTS BETWEEN THE CITY OF FALCON HEIGHTS AND THE
ROSEVILLE INDEPENDENT SCHOOL DISTRICT #623 FOR IMPROVEMENTS AT
FALCON HEIGHTS ELEMENTARY SCHOOL AT 1393 GARDEN AVE.
The city has funds available to loan for financing these costs from its sanitary sewer
fund for a five year period to cover the $250,000. The agreement guarantees that the
city will not incur any Toss in interest revenue or out of pocket costs for this special
assessment to the school district or reduce the ability for the city to carry out its
capital projects. After brief discussion, Gehrz moved to authorize the city
administrator to enter into this agreement with the school district and the motion
carried unanimously.
RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE PLANS AND
SPECIFICATIONS FOR SEALCOATING THE STREETS IN THE NORTHEAST
QUADRANT AND HOLLYWOOD COURT
Maurer explained that the city contracts to have one fourth of the streets sealcoated
as part of its maintenance program almost every year. Due to major street projects
in 1991 and 1993, the city did not undertake this activity during the past few years.
Page 3
Council Minutes
Feb. 9, 1994
Since there are no major construction projects this year, Maurer is recommending to
proceed with the authorization of sealcoating the northeast quadrant and Hollywood
Court this year. The city's 1994 general fund budgets $20,000 for this activity.
Jacobs moved to adopt Resolution R -94 -06 and motion carried unanimously.
RESOLUTION R -94 -06
A RESOLUTION ORDERING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE 1994 STREET SEALCOATING IMPROVEMENT
UPDATE ON THE LARPENTEUR AVENUE RECONSTRUCTION PLANNING PROCESS
Hoyt indicated that after a several month hiatus, the county recently began meeting
with communities again on Larpenteur Avenue now that the project is nearly certain
of federal Intermodal Surface Transportation Act (ISTEA) funding. Maurer presented
the preliminary ideas on the plan emphasizing safety needs which include protected
turn lanes for left turns all along Larpenteur. Hustad inquired about sidewalks
particularly from Arona to Hamline Ave. Jacobs questioned whether consideration has
been given to mass transit. Gehrz also expressed interest in sidewalks on both sides
of Larpenteur west of Snelling. After continuing brief discussion, council requested
city administrator to contact the county encouraging them to streamline the process
for planning and to give the project very high priority. In addition, the administrator
is to explore the opportunity for the county to contract with the city to undertake the
design phase of this project within Falcon Heights (Fulham St. to Hamline Ave.)
RESOLUTION FOR THE NORTHWEST YOUTH AND FAMILY SERVICES (NYFS)
APPLICATION FOR 1994 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The NYFS is considering purchasing a building and requests the city's support for the
1994 CDBG application to Ramsey County. Staff is not recommending that the city
apply for these funds in 1994 because of its 1993 award and the necessity of
carefully developing a project that meets both the need criteria of the block grant and
the community. Gibson Talbot moved to adopt R- 94 -07. Motion carried unanimously.
RESOLUTION R -94 -07
A RESOLUTION IN SUPPORT OF THE APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) BY NORTHWEST YOUTH AND
FAMILY SERVICES (NYFS)
Page 4
Council Minutes
Feb. 9, 1994
ADOPTION OF ORDINANCE CHANGING THE FEE SCHEDULE FOR RENTAL OF
COMMUNITY PARK BUILDING
Recommendation had been made by the Park and Recreation Commission to revise the
Community Park building's rental fees and hours to better accommodate the users
of the building and to make sure that the facilities can be checked and cleaned, if
necessary, before new users rent the space. The proposed change in policy permits
the Community Park building to be rented for one 6 -hour shift or a portion of a shift.
It eliminates a second shift. It permits a user to pay $5.00 per hour for any use over
the basic six hour shift. Hustad moved adoption of 0 -94 -03 and motion carried
unanimously.
ORDINANCE 0 -94 -03
AN ORDINANCE AMENDING SECTION 5 -4.01, SUBDIVISION D (2.a.)
OF THE CITY CODE RELATING TO PARK FACILITY FEES
ADOPTION OF ORDINANCE REGARDING FACILITY USE BY MUNICIPAL OR PUBLIC
SERVICE ORGANIZATIONS
Council directed staff to amend the current ordinance governing the policy for groups
that are not charged fees for use of city buildings. The purpose of the proposed
changes in policy are to promote the growth of informal community and neighborhood
gatherings. It is also designed to specifically encourage community based hobby clubs
with different activities to reach out to a variety of ages, especially youths and to
include a community service and /or benefit as part of their club activities. Gehrz
moved to adopt 0 -94 -04 and motion carried unanimously.
ORDINANCE 0 -94 -04
AN ORDINANCE AMENDING CHAPTER 5- 4.01(E) OF THE CITY CODE
REGARDING FACILITY USE BY MUNICIPAL OR PUBLIC
SERVICE ORGANIZATIONS
Page 5
Council Minutes
Feb. 9, 1994
REQUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR THE DEMOLITION
AND REMOVAL OF 2061 W. LARPENTEUR AVE.
Hustad asked that he be briefed on the background of this request to which
Hoyt responded that the city received a 1993 block grant for the acquisition of this
blighted property and the relocation of the two tenants. The city will cover a portion
of the acquisition cost and the total demolition cost. Jacobs moved to
approve authorization to request proposals for the demolition. Motion carried
unanimously.
MEETING ADJOURNED AT 8:30 P.M.
Tom Baldwin, Mayor
Patricia Phillips, Recording Secretary
Meeting Date: 2/23/94
Agenda Item: C 1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Disbursements
SUBMITTED BY: Tom Kelly, Finance Director
REVIEWED BY:
EXPLANATION /SUMMARY:
a. General Disbursements through 2/16/94, $456,591.40
b. Payroll, 2/1/94 2/15/94, $18,557.90
ACTION REQUESTED: Approval
S:..:
q
DATE 02/16/94 .TIME 09 :35 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 02/16/94
1 z CHECK* VENDOR NAME DESCRIPTION DEPT. AMOUNT
-77- AMERICAN SOCIETY FOR 94 ASPA DUES ADMINIST 80.00
1 1 0 AME RICAN LINEN SUPPLY -CO__a/15_ LINEN_ LEAMING-_ F TRFJG 38s 0 .5_ T
AMERICAN NATIONAL BANK 1ST 1/2 BOND PRINCIPAL 84 TIF 8 175
I I AMERICA N—NAT1QNAL —BANFF 1SL 1/2 OND- 1NTERES.I 84 _1•- LE- _.7, 525
TOTAL FOR AMERICAN NATIONAL BA 182,
2 1 AMER ICAN— PLAhINLNG_ASSOC,__94 APi MEMBERSHIP PL_ANN INS 1230
]3
BLI AMER I STAR LIGHTING EXIT LIGHTS BUILDING 156.03
BROWNING—FERRIS IND. FEBRUARY RUBBISH REMOVAL BUILDING 140.53
1171
M2I.OIY-AI ITT') STORE #�A f�EFAI_ R EGIJI PMENT STREETS 12. 0 i
CONWD INC; BLOCK GRANT PROJECT 942.50
21
22 CUSHMAN MOTOR CO., INC. TIRE BELT FOR BOBCAT STREETS 166. 08
QRMG FIRF DEPT IINTFf1RM4 FTRF F IS 99.11 25 FIRST TRUST 1ST 1/2 BOND PRINCIPAL 85 TIF 8 185, 000. 01D
F--IRS' TRUS 1
1 /2_BQND-:- _I S NIERES __.__85_ TIJ� B 25,_987, 50
I2
75 TOTAL FOR FIRST TRUST 160,987.50
FOCI IS NEWSPAPERS CONGRAIS—SHLRI FY CON ?INGE'_89.-60 89,_60,_____
32I GRAINGER ELECTRIC CORD REEL -33.55
j34I HOISINGTON KOEGLER GROUP- JANUARY PLANNING PLANNING .424.19
r
r ICMA_RETIREMENT TRUST 457 RY—
FEBRUAICMA_ EINANCE 30
0_
INTERNAL REVENUE SERVICE LATE PAYMENT PENALTY CONTINGE 399.65
191 _399.
00
,f4 JANKE, KATHLEEN .FEBRUARY FIRE DEPT CLEAN FIRE FIG 80.
.J
421 _KELLY, Tnn.... AUDLT-OR__MEEIING__ F_I_NANCE_ 38 .43
43t KELLY, TOM 2/1 TO 2/16 MILEAGE FINANCE 5.60 x
J44 TOTAL FQR KELLY, TOM, 44. 03
4e KONICABUSINESS MACHINES TONER PM KIT ADMINIST 214.81
I 4
1 KRIEG ER, CARD 1DW- LRIIPPI IFG PARK -PRn F2.991
5° DAVID W. KRIESEL, INC FEBRUARY BLDG INSPECTION PLANNING 500.00
1:571 LEAGUE OF MN CITIES 94 INSURANCE RISK MAN 62, 043. 00
54 LEAGLIE_OE_MINNESO.T.A_H GHTS TN IF HUMAN RT
.,0.$0_
s LEAGUE OF MN CITIES: 94 LEGISLATIVE CONF ADMINIST 45. 00
0
DATE 0,1/16/94 TIME 09:35 CITY OF FALCON HEIGH COUNCIL REPORT PAGE
APPROVAL OF BILLS
PERIOD ENDING: 02/16/94
CHECK* VENDOR NAME DESCRIPTION DEPT. AMOUNT
LEAGUE OF MN CITIES 94 LMCIT LOSS CONTROL RISK MAN 15.00
TOTAL FOR LEAGUE OF MN CITIES 60.00
MAIER STEWART ASSOC. JANUARY ENGINEERING ENGINEER 635.82
MAIER STEWART ASSOC. JANUARY ENGINEERING CLEVELAN 112.46
HALER_ STEWART ...Bc :ASSO_C._-- JANUARY _.ENGI NEE RING 412.34
D1 MAIER STEWART ASSOC. JANUARY ENGINEERING 74. 97
TOTAL FOR MAIER STEWART ASSO 1,235.59
MAILE ENTERPRISES FIRE HYDRANT MARKERS 140.58
f
1 1 5 1 METRO. ELBE_ CYLINDERS —HYDRO. TEST 50.9"1-
METRO. WASTE CONTROL COMM MARCH SEWER SERVICE SANITARY 3 8,592.00
its
MIDWEST BUSINESS PRODUCTS SUPPLIES ADMINIST 27.55
720
11 MIDWESZ'_DELI' ERY SER 1i2@ DELIVERY TO LE.QNARI) ADM INIST 7. 55
21 MIKE CLARKIN ARROWHEAD EMS CONFERENCE RESCUE S 300.76
tai
145 --2 MN SAFE= KIDS :r PARK SAFETY 8001-(S PARK PRO 35
1 MN DEPRTMENT OF STATE TAXE _,ADM INIST 1, 3 4- 1. 45
MUNICI —PALS 94 -95 MUNICI PALS DUES ADMINIST 10.00
-T
NSP JANUARY GAS BUILDING 893.66
NSP JANUARY ELECTRIC BUILDING 688.05
NSF' _JANUARY ELECTRIC .SANITARY 14. 85
TOTAL FOR NSP 1, 596. 56
)35j
BERFLE Y_R_1.SK__SERYLCES_ _INC__RENEW BLANKET BOND RISK MAN '97.00
NORTH STAR STATE BANK 2/15 FEDERAL TAX ADMINIST 7,566.2'
ONE HOUR MOTO PHOTO PHOTO PROCESSING ADMINIST 15,20
142 PERA 2115 PERA__ BDMIN_I _1
1144 PERA MARCH LIFE INSURANCE ADMINIST
;1 _!?ERR.___.' MARCR_LIFE- INSURANCE._ FIRE FIG 12.:00
�I 4'7 PERA MARCH LIFE INSURANCE FIRE PRE 12. 00
-/j 42 TOTAL FOR PERA 36.00
I49 PHILLIPS, PATRICIA CIERNIA DAY FRAME CONTINGE 6.33
50 1 PHILLIPS, PATRICIA PARKING AT SEMINAR ADM INIST 2. 00
*._T.QIAL_EOFL.E�iILLIPS P_ALRLGTA _8.33_
153; PETERSON, GREG EMS CONFERENCE RESCUE S 141.76
1 6
6 1 PETERSON, FRAM,. BERGMAN JANUARY' PROSECUTION PROSECUT 2, 294. 65
57�
6 RAMSEY_.CL-INI.0 2._MEDICAL_EXAMS EIRE FTG 49'3...0 i
DATE 0J:'16/94 TIME 09:65 CITY OF FALCON HEIGH COUNCIL REPORT PAGE G
APPROVAL OF BILLS
A V PERIOD ENDING: 02/16/94
CHECK* VENDOR NAME DESCRIPTION DEPT.. AMOUNT
RENNIX CORPORATION POWER SUPPLY FOR 79 PUMP FIRE FIG 203.84
CITY OF ROSEVILLE MARCH POLICE POLICE 20,181.50
E
01` CLARK BOARDMAN -CALLAGHAN _ADULT RI15:.- _REC•_BOOR ADMINIST 96.41
rio
ROSEVILLE ROTARY CLUB ROTARY DUES ADMINIST 65.00
ROSE V_ I -LLE-- ROTARY CLUB_- MFFT.LNG,...FEES -_ADMINIS2 104.- .50_
113 "..TOTAL FOR ROSEVILLE ROTARY CLU 169.50
`}1 a:
L SENSIBLE- LAND USE -COAL: T..- LAND- USE_COALLTION MEMBE- _PLANNING. -_75.00
171 STATE FIRE SCHOOL STC 5 FOR FIRE SCHOOL FIRE FIG 500.00
'q4 SUBURBAN HARDWARE DRILL BITS 26.28
A201 SUBURBAN HARDWARE MISC SCREWS, NUTS, ETC. 37.81
1.71 iIO .IAL_FOR_ SUBURBAN_ _HARDWARE_ 6_4._
1 2`1
1 22341 TAFF, SUSAN HOYT FEBRUARY MILEAGE ADMINIST 165.00
TAFF,- SUSAN_ HOYT L OUNCILLLEGISLAIORS __ADMINT 8P
TOTAL FOR TAFF, SUSAN(. HOYT 178. 82
b TARGET BUILDING_THINGS BULLDING 52.73
:E
29 TOLL COMPANY FIRE AIR 47.43
UNITED WAY JAN FEB UNITED WAY FIRE PRE 12.80
UNITED WAY JAN FEB UNITED WAY FINANCE 20.00
UNI TED WAI JAN__ FEB_ UNITED WAY_:- ADMINIST____ _20..00
TOTAL FOR UNITED WAY 52.80
yr
USWEST _COMMUNICATIONS JANUARY _PHONE _FIRE FI&_- 59.54
USWEST COMMUNICATIONS JANUARY PHONE BUILDING 299.40
a! TOTAL FOR USWEST COMMUNICATION 358.94
40{ BRODERICN., BERNARD JANUARY RSVP MILEAGE ADMINIST: 2.2.2 —T
'42,
43i TOTAL FOR BANK 01 456, 591.40
44 GRAND TOTAL 456, 591.40
+1347!
154
PERIOD END DATE 02/15/94 *FILE NOT UPDATED PAGE 1
SYSTEM,DATE 02/14/94
C H E C K R E G I S T E R
-CHECK _CHECK EMPLOYEE NAME CHECK -CHECK
TYPE DATE NUMBER NUMBER AMOUNT
2 14 -94 -30- -BAUMANN s NICHOLAS -2;053 .343.30
O 2 14 94 31 BERNDT, ROSS 22054 105.25
O 2 14 94 32 BROWN, RAYMOND 22055 392.64
O 94 33 HOLMGREN, JOHN SR. 22056_____ _96.16
O 2 14 94 34 KURHAJETZ, CLEMENT 22057 192.68
O 2 14 94 35 LINDIG, LEO 22058 69.24
0 2 14 94 38_.1+ORGAN,_- JAY 22059 7.14
O 2 14 94 40 ANDERSON, KEVIN 22060 180.62
O 2 14 94 41 BIANCHI, DAVID P 22061 43.63
O 94 _.._42__CLARKIN, MICHAEL _D.-- __22062_ ___148.00
O 2 14 94 43 DOW, MICHAEL J 22063 80.00
O 2 14 94 45 FULLER, JAMES D. 22064 176.85
0 2 14 9 4 47-- HEROLD,_NATHANIEL
22055. 162.54
O 2 14 94 48 HOLMGREN, JOHN H. 22066 307.58
O 2 14 94 49 LeMAY, DOUGLAS 22067 39.57
0 2 14__94 50- MARTINEZ,_ JOSEPH _L...__ 22068_ 155._04___
0 2 14 94 51 McDERMOND, CINDY K. 22069 92.12
O 2 14 94 55 OLSON, JOSEPH E. 22070 59.80
0___. 2 _14 94 -___56 _PETERSON, BREGORY___S. _..___22071 261.45
O 2 14 94 57 SCHAEFER, RICHARD 22072 37.98
O 2 14 94 59 'FULLER, GREGORY M. 22073 295.17
-0 _.__2_14 _94__._. 60_ IVERSON, _TERRY -D.__- ______._22074_ ..._46.56__.__
O 2 14 94 61 DENNIS G. LEMAY 22075 73.74
O 2 14 94 62 SCHULTZ BRYON A. 22076 246.70
O 14 94 63- AMOABENG,.- _RACHELLE__M.. ___-22077 156-82
O 2 14 94 64 DRAHOSH, DAWN M 22078 8.14
0 2 14 94 65 COPPINI, JASON M 22079 37.98
--0 2- X4__94__ __1001- CHENOWETH, _SRI RLEY -22081 57-4.1..49_
0 2 14 94 1002 TAFF, SUSAN HOYT 22082 1359.80
0 2 14 94 1003 IVERSON, TERRY 22083 929.90
_et 2_ .14-- 94_-_x_1004-KELLY, THOMAS __22084 :1182. 83
0 2 14 94 1005 KRIEGLER, CAROL 22085 351.46
0 2 14 94 1006 MORGAN, JAY 22086 872.46
ua 0- 2 -._14 94 1007- PHLLLI F_S,-FAT.RLCIA.-- -_2 08Z 730.5_
O 2 14 94 1008 SWENSON, DELORIS 22088 701.01
O 2 14 94 1009 WRIGHT, VINCENT 22089 976.23
0 2 14 _94 1033- _TRETSVEN DAVE 22090 522.23
O 2 14 94 1040 SKELLY, JERRY 22091 64.64
O 2 14 94 1052 JEFF P KAPHING 22092 179.50
O -__2 _14 _94_ 1075 _GREGORY __R_HOAG. __22093..__-- ._15B.._43_
O 2 14 94 1077 MARK R. HILLSTROM 22094 194.55
0 2 14 94 1078 MICHAEL R SHIER 22095 120.87
O 2 -14 -.94 -1080 _LASSER BRADLEY D. _22096 _`121.88
O 2 14 94 1087 GAYLEN J. FRAZIER 22097 354.39
O 2 14 94 1088 MEISSNER, DONALD R 22098 149.28
*TOTALS 18557.90
Meeting Date: 2/26/94
Agenda Item: C -2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Licenses
SUBMITTED BY: Dee Swenson
MUNICIPAL
Market America Corporation #3051
Spare Room Furniture #3052
John R. Benepe DDS #3053
Fantastic Sam's Hair Salon #3054
Mr. Movies #3057
MECHANICAL
McQuillan Plumbing Heating #3055
Fireside Corner dba Heat Glo #3056
ACTION REQUESTED: Approval of licenses
{i1i:F:2�:: `f: �':F:':'��r >s:; �r: :�::;t:: {r�.:'�����f:'.:': .`;;:;:::;:'::2;.22:;2;: ?:YY: �`'�`�;:.•`.`Y<: s::::; <:'z' �'`�..:ti:;:: �r:z::::::::::���,
CONSENPMMMCONSENTMNMICON SE h t riiM CONSENrMNMONSENTMBMVPNSENTM
Meeting Date: 2/23/94
Agenda Item: C 3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Awarding of contract for 1994 street sweeping
SUBMITTED BY: Vince Wright, Public Works Foreman
Tom Kelly, Finance Director
REVIEWED BY:
EXPLANATION /SUMMARY:
Proposals for the 1994 spring and fall street sweeping were received from the
following firms:
1. Leier Maintenance Service $10,300.00
2. Clean Sweep, Inc. $20,500.00
3. McPhillips, Inc. $10,575.00
Based on equipment, price and references, staff recommends the 1994 street
sweeping contract be awarded to Leier Maintenance Service at a cost not to exceed
$10,300.00. This price falls within the budgeted amount of $12,000.00.
4
ACTION REQUESTED: Award the 1994 spring and fall street sweeping contract to
Leier Maintenance Service at a cost not to exceed $10,300.00.
Meeting Date: 2/2/94
Agenda Item: C 4
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Approval of amended E -Z Recycling Contract
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Amendments previously discussed and approved by the Solid
Waste Commission and the City Council
Peter Bachman, City Attorney
EXPLANATION /SUMMARY:
The proposed amended contract with E Z Recycling incorporates the following
changes requested by the City Council and the Solid Waste Commission.
A price of 1.35 per household per month for single family households and
multi family households with seventeen or fewer units.
A price of 567 per month for multi family units with eighteen nor more units.
The elimination of the revenue sharing of 175 per month. This revenue was
applied to the per household cost to reduce this figure.
The extension of the contract for three years with the annual rate increase
based upon the consumer price index from the previous year.
The possible addition of the following products for recycling junk mail, textiles
and aerosol cans as the opportunity presents itself.
Furnishing the City with the monthly spot market on recyclables.
ATTACHMENTS:
A Proposed contract amendments with E Z Recycling
ACTION REQUESTED:
Approve the proposed amendments to the E -Z Recycling contract as previously
discussed.
tee• a r s,6•6r rMLNI 1VV 1U 70.1..0wfd f FR I,.
FIRST AMENDNENT TO THE RECYCLING COLLECTION
COQ BETNREN THE CITY OF FALCON HEIGHTS
AND E-Z RECYCLING, INC.
This First Amendment to the Recycling Collection Contract
dated March 1, 1993 is made and entered this day of
1994, b an d b the City of Falcon Heights
("city") and E -Z Recycling, Inc., a Minnesota corporation "E -Z
to be effective March 1, 1994.
WHEREAS, the City and E -Z entered into a contract for
recycling services dated March 1, 1993; and
AREAS, said contract expires February 28, 1994; and
WHEREAS, the City and E -Z desire to extend the term of the
contract for an additional three years, make certain price
adjustments, and certain other amendments to the contract.
HOW, THEREFORE, it is agreed by the parties that the contract
dated March 1, 1993 shall be amended as follows:
1_ Section 2 (Services to be Performed), Paragraph C shall
be amended by adding the following language to the and of said
paragraph: to
"In addition, E-Z shall utilize its best efforts to
commence collection of the following materials
recycling: junk mail, aerosols and textiles."
2. Section 2 [Services to be Performed], Paragraph D shall
be amended by adding a new subparagraph 5 as follows:
"5. The monthly spot market for recyclable$."
3. Section 3 [Financial Terms), subparagraph 1, shall be
amended by deleting "$1 -28" where it appears and inserting in its
place "$1.35."
FEB 17 '94 1128 FROM 1959 TO 9644805 rHUC.vm..3
4. Section 3 [Financial Terms] subparagra ph 2, shall be
amended by deleting ."040.00" ire it appears and inserting in
its place "$567.00." ding
5. Section 3 [rinaacial Terms] shall be amended by
a new subparagrap 4 as follows:
"4. The payment rate specified in subparagraphs iv
and 2 a b o ve shall be increased annually. effect
March 1, 1995 and March 1, 1996, at the same rate
as the change in the consumer price index for the
preceding 12 -month period. As used herein, the term
"consumer price index" shall mean the United States
Department of Labor's Bureau of Labor Statistics
Consumer Price Index for all urban consumers tCPI
U), seasonally adjusted, all items, Minneapolis-
St. Paul."
6. Section 3 [Financial Terms] Paragraph B [Revenue
Sharing] is deleted in its entirety.
7. Section 4 [Term of Contract] sh4►11 be ammoded as follows:
"This contract shall be in effect from March 1, 1994
throw February 28,
8. Except as amended hereby, the contract between the
parties dated March 1, 1993, remains in full force and effect
WggR$FORE, the parties hereto hereby set their hands the day
and year first above written
CITY OF FALCON HEIGHTS
E-Z RECYCLING INC.
Sl►C.h of Executive off car
City Ad iiI strator
By' Executive Vice President
Mayor
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Meeting Date: 2/23/94
Agenda Item: C- 5
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Appointment of Catherine Mackiewicz to the Solid Waste
Commission
SUBMITTED BY: Mayor Tom Baldwin
Solid Waste Commission
EXPLANATION /SUMMARY:
The Solid Waste Commission requested the Mayor to appoint a student representative
to the commission. The student proposed for appointment is Catherine Mackiewicz.
ATTACHMENTS:
A Application to the Solid Waste Commission from Catherine Mackiewicz
ACTION REQUESTED:
Appoint Catherine Mackiewicz as student representative to the Solid Waste
Commission.
A
CITY OF FALCON HEIGHTS
COMMISSION /COUNCIL APPLICATION
DATE: -17/9Y
NAME :fhQ}yj,/t
HOW LONG AT ABOVE ADDRESS? 1/ YEARS
IN WHAT CAPACITY DO YOU WISH TO SERVE?
Solid Waste Commission
REASON YOU WISH TO SERVE ON ABOVE:
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PRIOR PUBLIC (OR RELATED) SERVICE:
OTHER RELEVANT BACKGROUND (OR COMMENTS):
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Meeting Date: 2/23/94
Agenda Item: C 6
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Request for purchase of ten radios for fire /rescue personnel
as replacement for old sets
SUBMITTED BY: Clem Kurhajetz, Fire Chief
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Over the past two years the fire department began to replace its aging radio sets with
new ones for better communication on emergency and non emergency calls. These
sets are carried by the firefighters for calls and communication.
The costs are covered in the city's '1994 capital plan for public safety which
budgets 7,000 for these ten radios. The following proposals were received:
DisCom 4,747.00
Bear Communication 5,852.00
CSI 6,207.00
Staff recommends the purchasing of the radios from DisCom for 4,747.00.
ATTACHMENTS:
A Radio proposals
ACTION REQUESTED:
Approve the purchase of ten radios for fire /rescue personnel for 4,747 from
DisCom with funds from the public safety capital fund
C‘
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DISC OM Dis etch Communications of Minnesota, Inc.
7450 Oxford Street, Minneapolis, MN 55426
612- 935 -0191
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CREDIT APPROVAL DATE
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Buyer at PAYMENT IS DUE 10 DAYS FROM DATE OF INVOICE the reverse Bida
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BEAR COMMUNICATIONS, INC.
8 1111 Third Avenue South, Suite 164
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eetinD Date: 2/23/94
Meeting
Agenda Item: C 7
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Request for payment for mandated relocation assistance
and moving expenses for residents of 2061 West
Larpenteur Avenue
SUBMITTED BY: Sondra Luegge, Conworth Inc. Relocation Specialists
Ken Helvey, Relocation Consultant
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
The city received a 1993 Community Development Block Grant for 110,000 for the
elimination of substandard housing and removal of blight in the community. The grant
application was for 143,550. The $1 10,000 will cover the entire relocation costs
associated with the project and some of the acquisition costs. The city entered into
a purchase agreement with the owner in December, 1993. The closing date is
tentatively scheduled for mid March, after the two tenants move to their new
dwelling.
Due to the complexity of the federal relocation regulations governing the federal
community development block grant program, the city hired relocation specialists
Conworth Inc. to carry out this mandated part of the project. The relocation
specialists met with the two tenants and determined that they are eligible for the
following relocation and moving benefits under Department of Housing and Urban
Development guidelines. In brief, the guidelines compensate the tenants for the
difference between what they are currently paying rent and what they would need to
pay in rent for comparable housing for a period of 42 months. They are also
compensated for moving expenses. The firm completed its work with the tenants and
submitted the following claims:
Mr. Douglas Resler relocation assistance 7,350.00
moving expenses 3,055.00
Mr. Robert Capistrant relocation assistance 7,350.00
moving expenses 1,645.00
Total relocation and moving expenses 19,400
ACTION REQUESTED:
Approve the relocation and moving expenses as determined by Conworth Inc. to cover
the relocation assistance and moving expenses mandated by the Department of
Housing and Urban Development out of the city's 1993 Community Development
Block Grant.
CONSENTNERMONSENTERMONSENTINEECCINSENTRUCONSENTEECONSENr
A
20(.0 1
C4
Falcon Heights MN, L -21 MA
CDBG
Page 5
2/12/92
hall often comment or complain to city staff about the
dilapidated condition of the adjacent property.
Recently a local resident and apartment building owner
asked about the proposed CDBG acquisition after reading
about it on the city council agenda. When he was told
that the funds would be used to acquire and clear the
substandard structures, he responded that "grass would
be better than what is there now" referring to the
dilapidated structures.
VII. IS THE PROJECT READY TO GO, IF FUNDED?
The project is ready to go if it is funded. The property
owner and occupants are aware of the application. The
planning commission will be informed of the application at
its February meeting. The project completion will not be
impeded by the necessity of coordinating with any outside
agencies because the city will administer the land
acquisition, clearance and relocation internally. The
project should take no more than six months to one year from
start to finish.
VIII. PROPOSED BUDGET
Land Acquisition $114,000 C 113'00\)
(estimate only)
(market value $72,000 viewed in 1989)
(asking price in fall, 1991 $175,000)
Clearance $10,000 C?
Relocation $16,550
Appraisal (city) 1,000 (done)
Attorney fees (city) 1,000
(estimate 10 hours) �2bf 300
Administrative costs (city) 1,000 adnA c ,i. ..1
(estimate 50 hours) J
TOTAL $143,550
CITY $3,000
CDBG $140,550
Meeting Date: 2/23/94
Agenda Item: C 8
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Authorization for staff to apply for the State of
Minnesota Urban and Community Forestry Challenge Grants Program 1994
SUBMITTED BY: Linda Treeful, City Forester
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY: The city forester would like to submit a grant application
for funds to assist in the city's tree trimming program. The proposal would be for
$5,000 (the maximum grant) for trimming public trees with $8,500 matching portion
from the city. The city's share is covered in the amount budgeted for trimming in
1994.
If granted, this would allow the city to trim more of its boulevard trees in 1994
without spending more city money. This will speed up the city's tree trimming cycle
from five years to four years. However, once the first trimming cycle is completed,
the five year trimming cycle begins again.
ACTION REQUESTED: Authorize application for the State of Minnesota Urban
and Community Forestry Challenge Grants Program 1994
41.
.............N§E :::::::.:::PQ S.ENT............ NSENT ..::::ECON
Meeting Date: 2/23/94
Agenda Item: C 9
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Cancellation of workshop on Feb. 28th at 7:45 p.m.
Rescheduling workshop to March 9, 1994
SUBMITTED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
Due to a large planning commission agenda for February 28, 1994, staff recommends
changing the 7:45 p.m. council workshop with the planning commission on that date
to an informal workshop after the regular council meeting on March 9, 1994 at 7:45
p.m.
ACTION REQUESTED: Cancel the Feb. 28, 1994 workshop.
Schedule workshop for 7:45 p.m. on March 9, 1994.
CO NSENT 2222'2 :;222::; ±'222::::;.:;.:;;: ::i E.:
Meeting Date: 2/23/94
Agenda Item: P 1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Proposed resolution ordering the improvements at Falcon
Heights Elementary School at 1393 Garden Avenue
SUBMITTED BY: Susan Hoyt, City Administrator
(on behalf of the petitioner, Roseville School District 623)
REVIEWED BY: Peter Bachman, City Attorney
EXPLANATION /SUMMARY:
At the February 9, 1994 city council meeting, the city council accepted a petition
from the Roseville School District 623, the property owner of 1393 Garden Avenue,
requesting the city to assess the school district for certain improvements on the
property. In conjunction with this petition, the city council approved an agreement
between the school district and the city for financial arrangements and other
procedural requirements governing the assessment for these improvements not to
exceed 250,000.
The next step in the process is for the city to adopt a resolution ordering the
improvements so they can be assessed to the property owner. This resolution is not
preceded by a public hearing because the school district waived its right to a public
hearing on the improvements.
ATTACHMENTS:
A Proposed resolution ordering the improvements at Falcon Heights Elementary
School at 1393 Garden Avenue
ACTION REQUESTED:
Approve the resolution ordering the improvements at 1393 Garden Avenue.
POLitrrigOMPOUOVIMMPOLICYMPOUCVEMPOUCYMEPOUMEMPOLIOYMPOUOY
No. R -94-
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date: Feb. 23, 1994
A RESOLUTION ORDERING IMPROVEMENT
WHEREAS, on February 9, 1994 the city council received a petition
from the Roseville Independent School District #623, the property owner of
1393 Garden Avenue, petitioning the city council to assess the school
district for certain improvements, including parking, storm sewer and
sidewalk, at Falcon Heights Elementary School at 1393 Garden Avenue;
AND WHEREAS, on February 9, 1994 the city council authorized the
mayor to enter into an agreement with the Roseville Independent School
District #623 for financing and assessing these improvements not to exceed
$250,000.00;
NOW, THEREFORE, BE IT RESOLVED, by the city council of Falcon
Heights, Minnesota:
1. That the petition from the Roseville Independent School
District Number 623 represents all property owners abutting
upon that portion of Garden Avenue named in the petition as the
location of the improvements.
2. That the Roseville Independent School District Number 623 has
requested the entire cost of the improvements to be assessed
against its property.
3. The improvements for Falcon Heights Elementary School at 1393
Garden Avenue are hereby ordered, in accordance with the plans
and specifications on file with the city clerk and subject to
all terms and conditions in the Cooperative Agreement between
the Roseville Independent School District Number 623 and the
city.
Moved by Approved by
Mayor
BALDWIN Feb. 23, 1994
GEHRZ In Favor Date
GIBSON TALBOT Attested by
HUSTAD Against City Clerk
JACOBS Feb. 23., 1994
Date
Meeting Date: 2/23/94
Agenda Item: P 2
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
Item Description: Roseville Area High School request for use of Community Park tennis courts
Submitted by: Carol Kriegler, Park Rec Director
Reviewed by: Susan Hoyt, City Administrator
Explanation /Summary: Hans Peterson, Roseville Area High School athletic director, has
requested use of the Community Park tennis courts for use by the high school teams during
the following times:
Girl's Team: April 1 to June 1, 1994
2:15 4:30 p.m. for practice (until 5:30 p.m. on meet days)
Boy's Team: September 6 to mid October, 1994
2:15 4:30 p.m. for practice (until 5:30 p.m. on meet days)
The need for spring use request in its entirety is somewhat in question
as bid documents and construction schedules are still being determined at
this time.
Mr. Peterson's effort to find alternative tennis courts for the teams is a result of the
impending construction at the high school and the subsequent unavailability of the tennis
courts. The tennis courts at Fairview, Evergreen Park (Brimhall) and the Community Park
offer eight courts within a 2 -mile radius. Mr. Peterson considers this arrangement to be
the best possible within the district. He has obvious concerns about spreading the teams
out for practice sessions and meets.
The city does not have a history of tennis court rental. Like the ice rinks, these
facilities have been dedicated to casual "drop -in" use for the community. While court use
decreases significantly during the fall, steady court use by the community is observed
during the spring. Accommodation of this request will have a significant impact on tennis
court availability for the community. It might most impact the junior high /young adult users
who don't have access to transportation that would enable them to travel to another site.
On the positive side, this arrangement will likely result in the refurbishing of the four
tennis courts at Fairview which are currently in very poor condition. Those courts will then
be available to better serve the community. The school district is also willing to assist the
city with any maintenance necessary on city courts over the year.
The city's policy for rental of city facilities to the schools is to charge the district's own
prevailing rental rates for comparable facilities. The basis for this charge is to assist in
recovering the operations and maintenance costs associated with facility use. The school
Page 2
Council Agenda Item P -2
Feb. 23, 1994
district has a history of not charging our neighboring cities for their use of district -owned
courts. The City of Falcon Heights is not charged for field use for summer recreation
programs.
The Parks and Recreation Commission voted unanimously to accommodate the RAHS
request. They did so with the contingency being that the district be responsible for the
production and posting of a quality sign to be located at the site as a convenience to users.
The sign shall include:
hours of school use
brief explanation indicating that the arrangement is temporary
and due to construction
listing of alternative courts in the area
The commission has also requested that the staff take measures to inform the community
of the arrangement by way of the city newsletter and local papers.
Action Requested: Approval for Roseville Area High School to use Community Park
tennis courts for team use during the following times:
Girl's Team: April 1 to June 1, 1994
2:15 4:30 p.m. for practice
(until 5:30 p.m. on meet days)
Boy's Team: Sept. 6 to mid October, 1994
2:15 4:30 p.m. for practice
(until 5:30 p.m. on meet days)
POLICYRIEPOUCVOR POUCYPVOLICY M POLICY M POLICW IM POLICYMMPOLICY
Meeting Date: 2/23/94
Agenda Item: P -3
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Draft Request for Proposals (RFP) for police service
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Sue Gehrz, Councilmember
Sam Jacobs, Councilmember
Peter Bachman, City Attorney
Clem Kurhajetz, Fire Chief (portions related to fire /rescue)
Ross Berndt, Rescue Captain (portions related to fire /rescue)
Carol Kriegler, Park and Recreation Director
EXPLANATION /SUMMARY:
Background
The city's contract for police service terminates on January 1, 1995. The city plans
to seek proposals for police service starting at that time. Prior to preparing the
request for proposals for police services, the city did a citywide survey of residents,
business persons and fire and rescue personnel. The city also invited residents and
business people to attend one of five neighborhood meetings to discuss future police
services.
Important aspects of policing to the community
The information gathered from the neighborhood meetings and survey, as well as
citizens' comments received over time, provided information about what people value
in their police service. Briefly summarized, they are:
a quick response to emergencies
teamwork with the fire /rescue personnel
a visible patrol on neighborhood streets and playgrounds
easily accessible and friendly police personnel
partners in crime prevention
a commitment to the community
This information was incorporated into the RFP. Almost all participants in the city's
neighborhood meetings were notified by mail of the draft RFP and its consideration
by the city council at its February 23, 1994 meeting. Staff also provided information
to both the Bugle and the Focus News for communitywide coverage of the RFP.
Proposal
The attached draft request for proposals (RFP) is designed to accomplish the
following:
1. Provide information about Falcon Heights and its policing needs to the
proposer.
2. Provide an opportunity for the proposer to describe its complete police service
and contract requirements.
3. Provide an opportunity for the proposer to identify how some specific services
would be handled.
4. Provide an opportunity for Falcon Heights to understand how the proposed
service meets the city's needs and financial constraints.
Possible proposal recipients
Once the request for proposals (RFP) is approved by the city council, staff
recommends that the proposals be distributed to police service providers in nearby
cities. These include: Roseville, Ramsey County, St. Anthony and St. Paul. Staff
also recommends that all cities in Ramsey County get a letter explaining that Falcon
Heights is requesting proposals for police service and that a copy of the proposal is
available upon request. This recommendation stems from the understanding that cities
are increasingly evaluating their service delivery models. Perhaps another city who
contracts for police service or provides a contracted police service may be able to
provide some useful information and ideas.
Timetable
Once approved by the city council, the request for proposals will be mailed within
seven to ten days to all parties specified by the city council. The proposals are due
on or before April 8, 1994. The city council may interview all proposers and select
the one that best meets the city's service needs and budget constraints. It will be
important to know what the anticipated cost of police service for 1995 is by July 31,
1994 for preparing the 1995 budget.
Questions
All possible proposers will be asked to direct all questions related to the RFP for police
service to the City Administrator.
ATTACHMENTS:
A Draft Request for Proposal for Police Services
ACTION REQUESTED:
1. Discuss the proposed request for proposals (RFP) for police services.
2. Recommend changes as necessary.
3. Approve the RFP for distribution.
4. Specify organizations to receive the full proposal and organizations to receive
a letter explaining the proposal is available.
Meeting Date: 2/23/94
Agenda Item: P 4
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Proposed citywide garage sale for Saturday, May 21, 1993
SUBMITTED BY: The Solid Waste Commission
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
The Solid Waste Commission is proposing the "ultimate" in community reuse and
recycling. This is a citywide garage sale for Saturday, May 21 from 9 AM to 4 PM.
The St. Anthony Park neighborhood in St. Paul and the Bryn Mawr neighborhood in
Minneapolis use this successfully as a community building event. The key items in
the proposal are:
Those who wish to participate in the sale sign up at city hall and get a balloon
by May 13. The Commission will generate 100 maps with garage sale
locations which will be available
The sale will be advertised in the city newsletter, on the city cable channel, on
the city sign and in the St. Paul Pioneer Press.
The police will be notified so some reserve officers can be on hand if traffic or
other problems arise.
Participants are encouraged to be courteous to their neighbors, to adhere to the
sale day and hours and, where workable, combine locations to minimize
disruptions.
The funds for the balloons and publicity, approximately 125 to 200, will
come from the solid waste revenue fund.
The items that are not sold will not be collected by the city due to the costs
and complexity of collecting items from some residents (those who participated
in the sale) and not from others as well as the overall difficulty of this task.
Participants in the citywide garage sale would be permitted to have two garage
sales at other times during the year (as stated in the city code).
ATTACHMENTS:
A Memo from Solid Waste Commission dated 14 February 1994
B Guidelines for garage sale participants
ACTION REQUESTED:
Discuss the garage sale, ways to promote it and ways to manage any concerns that
might arise with the increased activity in the neighborhood. Approve the citywide
garage sale with any necessary conditions. Council may want the Commission to
contact the formal neighborhood associations (Maple Court and Grove) about this in
advance in case these organizations wish to make a neighborhood -wide arrangements.
A
DATE: February 14, 1994
TO: City Council of Falcon Heights
FROM: Solid Waste Commission of Falcon Heights
RE: Citywide Garage Sale
The Falcon Heights Solid Waste Commission recommends a citywide
Garage and Sidewalk Sale to take place on Saturday, May 21, 1994,
from 9 a.m. to 4 p.m.
The Commission feels that one of its goals is to increase the
community's recycling of what was once considered "trash." Garage
sales are the ultimate in recycling, as well as a great way to
bring the community together for a positive event.
St. Anthony Park and Bryn Mawr in Minneapolis have found their
community -wide garage sales great fun, without major problems,
for both local businesses and residents.
As in Bryn Mawr, Falcon Heights' businesses could host discounted
sidewalk sales that would attract buyers from the area and
elsewhere. At -home garage sales could generate income and help
"recycle" useful items for our city's residents, increasing
awareness of Falcon Heights while generating less traffic than
the State Fair!
This being the first year of the Garage Sale, the Commission
feels it is best to keep things simple. A logbook and two boxes,
one containing Official Falcon Heights Garage Sale Blue Balloons
(OFHGSBBs) and the other containing a page of rules and safety
guidelines, will be offered in the lobby of the Falcon Heights
Community Center /City Hall starting April 15.
A resident or business owner would need to come down by Friday,
May 13, to place their name and address into a logbook and to
take a set of guidelines and an OFHGSBB that marks them as a
participant. The Solid Waste Commisssion will then generate 100
locator maps. These will be available the day of the sale from a
box outside City Hall and at a few willing local businesses.
The involvement of City staff should be minimal. The Police Dept.
will be informed ahead of time.
A budget of $125 is recommended, to cover OFHGSBBs; locator map
and guideline copies; and classified ads in Star Tribune and
Pioneer Press to run the day of the sale, as well as the week of
the sale in both the Focus and Roseville Review.
Mention of the sale should also be made beginning in March in the
city newsletter and on Falcon Heights Cable Access Channel.
Alerting of neighborhood residents through their block workers
has also been proposed.
Here's hoping for a successful 1994 event.
0
CITY OF FALCON HEIGHTS t Y,, f
COMMUNITY GARAGE SALE p f ^9
SATURDAY, MAY 21, 1994 ),y1-14
9 a,m. through 4 p. M.
GUIDELINES
1. You can end your sale earlier than 4:00, but there must be NQ
SALES BEFORE 9:00. Early sales are unfair to those who observe
the established hours, and early shoppers may
to the neighbors.
2. Make your sale as visible as possible with colorful signs,
e
balloons, and ribbons. Blue is the "oficil "b ccolor. Blueo
balloons are available from City l f a
signs or mailboxes. (Please do not attach signs or balloons to
boulevard trees:) Major intersections will be marked and chaps
will be distributed, but individual sale signs are important to
draw shoppers down your street.
3. Consider combining your items with a friend's or neighbor's,
both to ease traffic concerns and to share the workload so each
of you can also visit other sales.
4. Be cosera of he Observe especially
theauthorized starting time
participating in the s
of the sale. Watch for and report suspicious activity. Clean
up promptly after your sale is done. If another event is
planned at a nearby neighbor's house which may require street
parking, consider moving your sale to a friend's or another
neighbor's house.
5. Use common sense and ikeeprsafety in mind at all times to protect
yourself and your
a. Keep your house locked a in
the bathroom, hike phone calls, (You or your children may want to sell refreshments as part
of your sale.)
b_ If your sale is in your garage, any removable items which
are not for sale should be stored elsewhere, if possible,
or should be locked, secured, and/or covereed. Als
or protect removable valuables in your y e
such as tools,_ toys, sports equipment, and ornaments.
c. Keep your change and sale proceeds in a secure container
such as a fanny pack or a locked box.
d. Watch for "shoplifting Keep small sale items near the
person running the sale. Also monitor sale items which are
in boxes; people have been known to remove the item and
leave the box to avoid suspicion.
e. ased children t the
danger of crossing the street between parked cars.
Meeting Date: 2/23/94
Agenda Item: P 5
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Request to donate $100 toward Human Rights'
Commissioner's attendance at the international conference
on Human Rights
SUBMITTED BY: Human Rights Commission
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION /SUMMARY:
The city budgeted 200 for Human Rights Commission activities. This budget
includes conferences and schools for commissioners to attend in the Twin City area.
However, this year the Human Rights Commission is requesting that the budget be
revised slightly to allow for a one -time, $100 contribution toward Gwen Willems
attendance at the International Human Rights Conference in New Brunswick, Canada
in June, 1994. This commission estimates that this will put the commission $40 over
budget for 1994.
This one -time request is made to compliment the Minnesota League of Human Rights
contribution toward Gwen's attendance at the conference. The commission feels that
the city will benefit from Gwen's additional training in human rights.
A Memo from the Human Rights Commission dated 11 February 1994
ACTION REQUESTED:
Approve the $100 contribution toward Gwen Willem's attendance at the International
Human Rights Conference in New Brunswick, Canada in June, 1994.
'til <i«iiiii
A
DATE: February 11, 1994
TO: The Falcon Heights City Council
FROM: The Falcon Heights Human Rights Commission
Edward L. Sheppard; David Bowers, chair; Ted A. Johnson;
John Treadwell; and Gwen Willems
The Human Rights Commission would like to support the attendance of one of our
members, Gwen Willems, at an international human rights conference held in New
Brunswick in June 1994. Registration is due March 15. Gwen serves as a member of
Minnesota League of Human Rights Commissions and, as the League's representative,
she will be bringing our materials to the conference as well as bringing back information,
perspectives, and strategies for dealing with human rights issues that Canadian agencies
have in common with Minnesota commissions.
The League is funding her registration fees and transportation, and we would like to
contribute $100 to help defray costs. International human rights are of great interest to
Gwen, who's had the opportunity to learn about the International Declaration of Human
Rights and international human rights issues through her graduate work at the
University of Minnesota. She's also a volunteer with the University's Human Rights
fi
Center.
Attached is an estimated budget for the commission, indicating this one -time -only
expenditure will take the commission slightly over budget. We request council approval
for these expenditures.
Also enclosed are more details about the conference.
Estimated Budget
Falcon Heights Human Rights Commission
Printing of publications re. ADA and our commission 0
Minnesota League of Human Rights Commissions membership fee 50
Minnesota League annual conference 90
If early registration, $30 x 3 attendees
Host one monthly Minnesota League of Human Rights Commissions meeting 0
Support for commissioner's attendance at international conference 100
2�
"A New Vision for a New Century"
A Human Rights Conference
Sponsored by the Canadian Association of Statutory
Human Rights Agencies (C.A.S.H.R.A.)
June 12 -14, 1994
Fredericton, New Brunswick, Canada
The agenda includes gender equality, racial discrimination, access for people with
disabilities, the rights of native peoples, equal opportunity in the work force,
performance and accountability of human rights commissions, human rights education
and compliance, bridges with community groups, legal updates on human rights issues,
and the future of human rights.
Fees: $190 Canadian
Register by March 15, 1994, with: Ms. Janet Cullinan
Treasurer, C.A.S.H.R.A.
New Brunswick Human Rights Conference
P. 0. Box 6000
Fredericton, NB Canada
(506) 453 -2301 phone
(506) 453 -2653 fax
Refer questions to: Prof. Constantine Passaris
President, C.A.S.H.R.A.
New Brunswick Human Rights Commission
Commission des Droits de la
Personne du Nouveau Brunswick
P. 0. Box/ C.P. 6000
Fredericton, NB E3B 5H1 Canada
:.ICY POLICY P.
Meeting Date: 2/23/94
Agenda Item: P 6
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Consideration of League of Minnesota Cities (LMC)
Insurance for Open Meeting Law for Mayor and
Councilmembers
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Tom Kelly, Finance Director
EXPLANATION /SUMMARY:
A violation of the open meeting law is 100. However, continued violations may
result in the revocation of an officeholder or in substantial legal fees in court.
Consequently, .tThe League of Minnesota Cities recently made an insurance policy
available for city's to purchase to cover a portion of the legal expenses defending city
officials, who are challenged with a violation of the open meeting law. The challenged
elected official hires an attorney for his /her defense. The LMC plan reimburses the
challenged elected official for legal expenses up to 80% of the cost, but not to exceed
20,000. If a public official is found guilty of violating the open meeting law, the
LMC insurance does not cover the costs for paying the other party's legal fees or for
any judgements against the public official.
The additional cost for this insurance is 500.00 for Falcon Heights.
ATTACHMENT:
A Explanation of the LMC open meeting law policy
B Statute covering open meetings
ACTION REQUESTED:
Decide upon the purchase of this optional insurance covering challenges to the open
meeting law for a
nn3 OS: 57PM ROTHSCHILD D g 14 INC
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League of Minnesota Cities (ammo
OPEN METING LAW DEFENSE COOT REIMBURSEMENT COVERAGE
AYAILASTA
Beginning November 15, 1993, LMCIT is offering an new Open
Meeting Law Defense •Cost coverage_ This optional coverage will
reimburse city officials for SO% of the legal costs they incur
to defend themselves if they are charged with violating the Open
Meeting Law.
This new coverage is quite different from anything LMCIT (or
anyone else, for that matter) has done before. We'll try in
this memo to answer soMe Of the questions that will come up when
city officials are deciding whether this coverage makes sense
for their city.
I. Why is this needed? Doesn't our existing LIMIT coverage
apply to Open Meeting Lev claims?
Generally, no. The LMCIT liability coverage is designed to
respond to claims for damages. The Open Meeting Law doesn't
provide for damages; it provides for n $100 civil penalty, and
loss of office for repeated violations. Fines and penalties are
not "damages u for purposes of the liability coverage, and LMCIT
therefor generally has no duty to get involved in defending Open
Meeting Law charges under the liability coverage.
The only exception is if the Open Meeting Law charge is combined
with a claim for damages that is covered under the liability
coverage. For instance, if an employee brought a wrongful
termination action against a city, the employee might also
charge that there was a violation of the open meeting as part of
the termination process. In that case, LMCIT would be
responsible for defending the entire litigation the Open
Meeting Law charge as well as the covered liability claim. But
an Open Meeting Law charge by_i_tselt is not a claim for damages,
and the LMCIT liability coverage would therefor not respond.
II. Why provide coverage for this type of exposure?
One of LMcIT's member cities asked the Trust Board to consider
adding this kind of coverage. The request grew out of an
instance in which several council meubers incurred very
substantial legal bills defending themselves against an open
Meeting Law charge.
FEB 22 '94 09:57AM ROTHSCHILD B 2 W INC P.3/5
The Trust Board recognized that defending an open Meet eg Law
charge can costa city official a lot of money. Defense costs
are often the most significant financial consequence of these,
lawsuits. While the statutory penalty of $100 might be
relatively minor, defense costs can easily run to thousands of
dollars. And those casts are incurred whether or not the
official is ultimately found to have violated the law.
The Board acted on the assumption that most violations of the
law are inadvertent and may even be the advice of an
attorney. The Board also realized that is easy for somebody to
make an accusation of an Open Meeting Law violation, foroinq the
city council member to expend significant sums to defend
him/herself regardless of the merits of the allegation. The
threat of that kind of litigation could even be used as a tactic
to intimidate or coerce Council members in some cases. .Finally,
the Board assumed that most city councilmembers act in good
faith and try to comply with the law. But sometimes even these
best faith efforts are not enough to head off an open Meeting
Law lawsuit.
III. tray should public funds be used to pay for defending
someone who actually did violate the Open Meeting Law? Doesn't
this encourage city officials to violate the law?
The legislature has spelled out in the statute what the
penalties are for violating the law: a civil penalty,
potential loss of office for repeated violations, and possibly
an award of the plaintiffs attorneys' fees in some cases. If
the individual has to pay for his /her own defense costs as well,
the real monetary penalty to the individual can be many times
greater that the penalty the legislature provided in the
statute. And how much those defense costs are may not have much
relation to how serious the violation was.
If more serious penalties are needed to deter violations, the
legislature can change the statutes. That makes more sense than
relying an defense costs as a kind of hidden penalty that might
be wildly disproportionate to the seriousness of the offense,
and are incurred even if there was no offense.
Iv. Why is the coverage optional? Why not simply provide it
as a standard part of the liability coverage?
The LMCIT Board recognized that there are good public policy
reasons why a city might want to protect its officials from this
risk. But the Board also recognized that some cities might
consider it inappropriate to use their taxpayers' funds for this
purpose. Making the coverage optional lets each city make this
call for itself.
FEB 22 '94 09 :58AM ROTHSCHILD B W INC P.4/5
v. What does the Open Meeting Law Defense Cost Reimbursement
Agreement cover?
Under the new coverage, LMCIT will reimburse a city
official for 801 of the defense cost incurred by the city
official in defending an Open Meeting Law lawsuit. The Open
Meeting Law Defense Costs Reimbursement Agreement is limited to
$20,000. This is the most LMCIT will reimburse any one city
official for defense costs for Open Meeting Law lawsuits
commenced during the term of the insurance coverage agreement,
regardless of the number of lawsuits or the number of actual
alleged violations.
VI. What doesn't it cover?
There are two Major kinds of costs for which this coverage would
not reimburse the official:
1. Any fine or penalty for violating the open meeting law.
2. Any award that orders the city official to pay for the
opposing party's attorney's fees.
As an example, suppose a newspaper is successful in bringing an
open meeting claim against a city official. The judge awards a
$100 penalty against the official and also orders the official
to pay the attorneys fees incurred by the newspaper in bringing
the claim. The new coverage would not pay or reimburse either
the penalty or the attorneys fees awarded.
Note too that this coverage would not cover any legal costs that
the city might incur if the city itself were a party to the
Open Meeting Law litigation unless, of course, it was part of
a suit that also included a covered claim for damages, as
discussed earlier.
VII. How will the Open Meeting Law Defense Cost Reimbursement
Agreement work?
The coverage is significantly different than other coverage
provided under the standard LMCIT coverage agreements in a
couple important ways. First, unlike LMCIT's liability
coverages, the Open Meeting Law coverage does not pay the legal
costs on the city official's behalf. Instead, LMCIT will
reimburse the city official for 80% of those costs, to a maximum
of $20,000, after the official has incurred those costs. The
city official remains responsible for paying his/her defense
attorney, including the 20% which LMCIT will not reimburse as
well as any costs over $20,000.
FEB 22 '94 09 :58AM ROTHSCHILD B W INC P,5/5
Second, the city official retains control of the litigation.
The city official makes the decisions on what attorney to hire,
whether to settle or compromise the litigation, whether to
appeal, etc.
The coverage is triggered when a lawsuit is served on the city
official alleging a violation of the Minnesota Open !fleeting Law.
If a lawsuit is filed during that term of the agreement, the
city official has to do two things:
1. Notify LMC1'T of the litigation; and
2. select defense counsel.
VIII. How much will this coverage cost?
Initially, we'll be basing the charge for this coverage on the
premium for the city's liability coverage. Generally, the cost
will be 1.5% of the liability premium, subject to a $500 minimum
premium. In an individual city's case the premium could be
somewhat higher if in the underwriter's judgement there is a
substantially higher risk of Open Meeting Law claims in that
city, though we expect this to be rare.
I.2. Haw do we go about adding this coverage for our city?
Have your agent contact LMCIT's underwriters at Berkley Risk
Services and ask for an application form. The underwriters will
be able to return quote fairly quickly.
2. Whom can we call if we have other questions?
If you need additional information or have other questions, you
can contact Tom Grundhoefer or Pete Tritz at the League office,
or call the underwriter at Berkley Risk Services who handles
your city. We'd also appreciate any comments or suggestions
city officials have for ways this coverage could be improved, or
for any other changes cities would like LMGIT to consider.
10/93
:1mci18
Chapter7
Meetings,
Processes,
Ordinances, and
Resolutions
This chapter reviews the requirements Meetings Processes and Procedures
and processes councils must follow in Motions, Resolutions, and Ordi-
conducting meetings and in passing nances
ordinances and resolutions. Local Approval of Special Laws
Topics include: How This Chapter Applies to Home
Types of Council Meetings Rule Charter Cities
Types of Council Meetings
Because the council has a vast reservoir Annual Meeting
of authority, and because the council can first meeting of the
exercise this authority only when it meets n g year)
as a group, council meetings are impor- Technically, there is no annual meeting
tant to both the council and the general in statutory cities. With the biennial
public. State law provides certain proce- election system, the reference to an
dural requirements for council meetings. annual meeting is probably inappropriate.
97
HANDBOOK FOR MINNESOTA CITIES
but the law does require an annual desig- set an alternate time for meetings when
nation of an official newspaper. 2 The the regular time falls on a legal holiday.
council should act on or review several Councils generally meet once or twice a
other items at least annually. The term month.
annual meeting often refers to the first City councils cannot hold meetings
council meeting of each new calendar year between 6 p.m. and 8 p.m. on any election
when the newly elected council members day within their boundaries. 6 Nor can
take office and perform annual duties. they meet after 6 p.m. on the day of a
The statutes do not set a date for this political party precinct caucus.'
meeting; council bylaws usually prescribe Councils usually hold meetings in the
when it will occur. Because new council city hall or at another place within the
members start their term on the first city. 8 The council should hold regular
business day of January. the meeting may meetings in the same place. If the council
take place as early as January 2. At this holds a meeting at a time or place differ
first meeting, the council should perform ent from that in its schedule of regular
the following: meetings, it must give public notice of the
Elect an acting mayor to preside in the meeting as if it were a special meeting.
absence of the mayor (all council
members are eligible for the office);9 Adjourned Meetings
Designate an official newspaper, City officials use the terms adjourned,
Select an official depository for city continued, and recessed interchangeably.
funds; The terms refer to meetings the council
Review the council's bylaws or rules of postpones to a future time for lack of a
procedure and make any necessary quorum or for purposes of convenience, 1 O
changes. An amending ordinance is and those continued to a second day or
necessary if the bylaws are in ordi- evening to complete business left pending
Hance form, otherwise a resolution or at the regular meeting.
motion is sufficient for this purpose.); Fewer than three statutory city council
Renew all annual appointments to members can meet to adjourn or postpone
administrative positions. although the a re gular ly organized meeting to a fixed
practice of annual appointments for future time." When the council calls
administrative personnel is no longer adjourned meetings to complete pending
advisable; business, the council should treat the
Assign committee duties to members; adjournment as a recess.
Approve official bonds which have If the council announces the date, time,
been filed with the clerk; and and place of the adjourned meeting at an
Appoint, if the council wishes, one or open meeting and makes the announce-
more city police officers or council ment a part of the official proceedings or
members as process servers for the minutes, no additional public notice is
coming year. necessary. If not, the law requires a
These actions may occur by resolution public notice similar to that for special
or motion, except that the designation of meetings."
official depositories for city funds must be
by resolution stating all terms and condi-
tions of deposit and filed with the clerk. 4 Special Meetings
Ordinances are only necessary for bylaws Special meeting of the council refers to
changes in some cities. any meeting other than a regular or an
adjourned regular meeting. The council
Regular Meetings may transact any business within its
No powers at such meetings. It is bound by
o statutes govern the time, place. or
frequency of city council meetings, but its rules and by the statutory provisions
governing regular meetings, including the
each council should set the times and
open meeting law.
for its meeting in the rules or by-
Calling special meetings is more compli-
laws. The council must post or have its
regular meeting schedule available for Gated because of the 1987 addition of
inspection at the city offices. s It should public notice requirements. These supple-
ment, but do not replace, the existing law
98
CHAPTER 7
that requires only notice to the council. usual meeting room. In addition to posted
The council must comply with both notice, the city must also mail or deliver
provisions of law. notice to each person who has filed with
the city a written request for notice of
NOTICE TO THE COUNCIL special meetings. The city must post and
The mayor or any other two members of mail or deliver public notice at least three
the council may call a special meeting. days before the meeting.
Such a call occurs by filing a written As an alternative to mailing the notice,
statement with the clerk containing. as a the city may publish the notice once, at
minimum, the following: the names and least three days before the meeting, in its
positions of the individual or individuals official newspaper, or if there is none, in a
calling the meeting; the time and place of qualified newspaper of general circulation
the special meeting; and a request asking covering the city.
the clerk to give the council members A person filing the written request for
proper notice. The clerk must mail, at notice may limit the request for notice of
least one day before the meeting, a notice special meetings to those covering only
to all of the councll members stating the particular subjects. In this case, the city
time and place of the meeting. 14 A tele- needs to send only notices of special
phone reminder is advisable. meetings addressing those subjects.
For a special council meeting to be Cities may set an expiration date for
valid, all members must receive notifica- requests for notices of special meetings
tion unless those not notified are and require people to refile the request
present. If, however, all council members once each year. The city must notify each
attend and participate in the meeting. person of the requirement not more than
these notice requirements are not neces- 60 days before the refiling is due.
scary."'
A properly called meeting is legal Emergency Meetings
whether or not all members attend. Since An emergency meeting is a special
all notices must be in writing, the absence meeting the council calls because of
of a written notice to a member who is not circumstances that, in the judgment of
present will make any special meeting the council, require immediate council
invalid. The presence of a quorum is consideration. 18 The procedure for notify-
irrelevant in this case. Business a council ing council members is the same as for
transacts at an illegal meeting is not valid. special meetings, but the public notice
requirements are somewhat different. The
NOTICE TO THE PUBLIC council must make good faith efforts to
In addition to the notice to council provide notice of the meeting to each news
members, public notice is necessary. medium that has filed a written request
The clerk must post written notice of the for notice. Notice must be by telephone or
date, time, place, and purpose of the by any other method used to notify the
special meeting on the principal bulletin council members. The notice must in-
board of the city, or if the city has no elude the subject of the meeting. A pub
principal bulletin board, on the door of its fished or posted notice is not necessary.
Meeting Processes and Procedures
Quorum Open Meeting Law
To transact city business, state law As a general rule, some type of notice of
requires the presence of any three mem- all city council meetings is necessary and
bers of a statutory city council. This the meetings must be open to the public.
minimum may, but need not, include the The Minnesota Open Meeting Law re-
mayor, or in standard plan cities, the quires meetings of all municipal and other
clerk.19 public bodies and any committee, sub-
ea
HANDBOOK FOR MINNESOTA CRIES
committee, board, department, or com- and be open, whether or not the body
mission of the governing body to be open takes or contemplates taking action. This
to the public. would include meetings at which mem-
The council must record the votes of the bers receive information that may influ-
council members. The council must keep ence later decisions, but would exclude
a journal for that purpose, and it must be chance or social gatherings. A quorum of
open for public inspection. It is not neces- members cannot discuss or receive infor-
sary to record each member's vote for mation on official business in any setting
payments of judgments, claims, and under the guise of a private social
amounts fixed by statute. The clerk gathering.
should take roll call votes on all formal The Court has warned that even though
actions of the council. Anyone can tape gatherings of less than a quorum do not
record a public meeting. subject to the constitute meetings under the law, serial
open meeting law, so long as the record gatherings of less than a quorum for the
ing does not interfere with the meeting. purpose of avoiding public hearings or
The open meeting law requires that at fashioning agreement on an issue may be
least one copy of any printed materials a violation of the statute depending on the
relating to agenda items (materials the individual case. The open meeting law
governing body or its employees prepare does not apply to a private discussion
and distribute to each council member) between a council member and a city
must be available for public inspection manager or member of a separate govern-
while the governing body considers the ing body as long as there is no intent to
subject matter. 23 This requirement does circumvent the law. 23
not apply to materials the law classifies as It is not quite clear under the Court's
other than public or to materials relating recent rulings whether the participation of
to the agenda items of a properly closed a city council in a League of Minnesota
meeting. There is a $100 civil penalty for Cities sponsored training program to
intentional violations of this provision. develop various skills would constitute a
The statute. except to expressly include meeting under the open meeting law. The
executive sessions, does not define meet- result may depend on whether or not the
ing. The Minnesota Supreme Court has program includes discussions of particu-
ruled that meetings subject to the require- lar matters within the council's official
ments of the open meeting law are those duties or powers." Any person may
gatherings of a quorum or more members observe councll meetings. In fact, the
of the governing body, committee, board, council should encourage citizen atten-
department, or commission at which dance because it helps citizens become
members discuss, decide, or receive more aware of the city's problems and
information as a group on issues relating more sympathetic to programs the council
to the official business of that body. 24 The suggests.
statute does not cover letters and tele- Although anyone can attend council
phone conversations between fewer than a meetings, citizens cannot speak or other
quorum. wise participate in any discussions unless
In reaching its decision, the Court said the mayor or the presiding officer recog-
that beyond a certain point, open discus- nizes them for this purpose. The decision
sion requirements may serve to immobi- to recognize speakers is usually up to the
lize a body and prevent the resolution of presiding officer, but the council can
important problems. It noted that the overrule this decision. The council itself
court needed to balance the public's right can, through a motion, decide to hear one
to be informed against the public's right or more speakers from the audience.
to the effective and efficient administra- The council should not sample public
tion of public bodies. opinion by asking for a show of hands at
In another decision, the Court held that the meeting. The majority opinion of those
informational seminars about school attending the council meeting does not
board business, which the entire board necessarily represent general public
attends, must be public and open. opinion. It is likely to express only the
Thus, any scheduled gatherings of a opinion of a special group.
governing body must have proper notice
too
CHAPTER 7
OPEN MEETING EXCEPTIONS or charter permits making the proceed
Statutes specify two exceptions to the ings public only with the approval or at
open meeting law. First, the state exempts the request of an employee who has not
meetings of any state agency. board, or waived the exception. This is true of
commission when exercising quasi school teachers under state law.
judicial functions involving disciplinary Third, collective bargaining sessions
proceedings. However. this provision does with union representatives may be exempt
not apply to meetings where local agen- if the director of mediation services so
cies discharge quasi-judicial functions.'S provides, otherwise such sessions are
Second, the city council may, by major- public.
ity vote in a public meeting, decide to hold
a closed meeting to consider strategy for DATA PRACTICES ACT
labor negotiations, including negotiation The Minnesota Government Data Prac-
developments or discussion of labor tices Act serves as a fourth exception to
negotiation proposals. The council must the open meeting law; but much more
announce the time and place of the closed narrowly than it has in the past.
meeting at the public meeting. Now, the general rule is that cities
After the closed meeting, a written cannot close a public meeting to discuss
record of all members of the city council data that is not public. Government
and all other people present must be officials may discuss data that is not
available to the public. The council must public data at a meeting without liability
tape record the proceedings at city ex- if the disclosure relates to a matter within
pense and preserve the tape for two years the scope of the public body's authority, is
after signing the contract. The tape re- reasonably necessary to conduct the
cording must be available to the public business, and is without malice. During
after all labor contracts are signed for the an open meeting. the public body must
current budget period. make reasonable efforts to protect the
If someone claims that the council data from disclosure, including reference
conducted public business other than to letter, number, or other designation
labor negotiations at the closed meeting, that does not reveal the identity of the
and the tape is still available to the pub- data subject.
lic, a court may review the recording of However, the city must close any por-
the meeting. If the court determines that a tion of a meeting if another law expressly
violation of the open meeting law may requires it or if certain types of data are
exist, the recording may be introduced at under discussion. This includes data that
trial in its entirety, subject to any protec- would identify alleged victims or reporters
tive orders either party requests and the of criminal sexual conduct, domestic
court deems appropriate. abuse, or maltreatment of minors or
Three additional exceptions to the open vulnerable adults; active investigative
meeting law may apply to cities because data or internal affairs data relating to
other state laws require confidentiality in allegations of law enforcement personnel
certain cases. misconduct; educational data; health
First are meetings between the govern- data; medical data welfare data; or non
ing body and its attorney to discuss public mental health data.
pending or threatened litigation. This A public body must close a meeting for
exception is based on the confidential preliminary consideration of allegations or
relationship between attorney and client. charges against an individual subject to
The city may not abuse this privilege to its authority. If the members conclude
suppress public observation of the deci- that discipline of any nature may be
sion- making process. It does not extend to warranted, further meetings or hearings
the governing body's request for general must be open.
legal advice or opinion. 91 It would seldom A public body may close a meeting to
be justified in situations other than evaluate the performance of an individual
threatened or pending litigation. subject to its authority. The governmental
The second exception includes meetings unit must, however, identify the indi-
to consider possible disciplinary proceed vidual to be evaluated prior to closing a
ings against an employee when a statute meeting. At its next open meeting, the
101
HANDBOOK FOR MINNESOTA CITIES
body must summarize its conclusions If a person, while serving on the same
regarding the evaluation. governing body violates the law three
The governing body may close meetings times, the violator forfeits the right to
if state statute authorizes closure or if the serve on the governing body for the rest of
attorney client privilege applies. that term. If the court finds that a third
Finally. the law provides that before violation has occurred it declares the
closing a meeting, a public body must position vacant and notifies the appoint
state on the record the specific grounds ing authority or clerk of the governing
that allow the meeting to be closed and body. Three violations. not three actions
describe the subject officials will and penalties, are necessary for removal.
discuss. The Minnesota law does not include a
The particular notice provisions in the criminal penalty.
open meeting law apply to closed meet The open meeting laws in a number of
ings as well as open meetings. Open states provide for injunctive relief
meetings which the council closes after ordering a party to do or not do a specific
first calling them need no special notice. act. The Minnesota law contains no
But. special and emergency meetings provision for injunction. but the court has
which the council will convene as closed ruled that in a proper case. injunction
meetings must have public notice accord may be an appropriate remedy.*' In one
ing to statutes. case, the court considered this a suitable
Some cities tape record closed meetings way of carrying out the legislative intent
and have the clerk or city attorney keep to enforce the statute. At that time, the
the tape until the need for keeping the statute did not contain enforcement
information private no longer exists or a provisions. so it is not certain what the
court orders its release. The tape is useful court would rule now. However. it is likely
in establishing that members did not use that the court would still reach the same
the closed meeting to discuss matters conclusion since it is still an appropriate
which they should have discussed way of preventing pending violations.
publicly. The open meeting law contains no
provision invalidating actions the body
NOTICE takes at a closed meeting that should
The open meeting law includes elabo- have been open. In a 1974 case. the court
rate notice provisions. Requirements vary held that because the law failed to provide
according to the type of meeting. (See a method of enforcement, the statute was
earlier discussion.) not mandatory and its violation did not
Notice provisions apply not only to city result in invalidating actions of the
council meetings, but to meetings of every body.' Although the fact that the plaintiff
public body the law covers. Violations of had spent a substantial sum in reliance
the notice provisions are subject to the on the action the public body took at the
enforcement provisions of the law, except illegal meeting may have influenced the
that the courts cannot impose a fine or court, it does not seem likely that a court
other penalty on a member of a public would overturn the rule of the case with
body for a violation unless the violation out a change in the law. Because the law
was willful and deliberate. now contains methods of enforcement
through the civil penalty and removal
ENFORCEMENT from office, there is probably little need for
The open meeting law makes any person an invalidation rule.
who violates the law subject to a civil Again, however, the council should
penalty up to $100 for a single occur- follow the law to avoid the possibility that
rence. A city does not need to reimburse the court would declare its actions
council members for legal expenses in illegal'
connection with defense of a possible
violation of the open meeting law. Good Presiding Officer
faith or lack of harm are not defenses to a The mayor serves as presiding officer for
violation of the law. A closed meeting is a the meeting whenever present at council
violation unless an exception exists. meetings. In the mayor's absence. the
102
Meeting Date: 2/23/94
Agenda Item: 1 -1
CITY OF FALCON HEIGHTS
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: Human Rights Commission Minutes of 2/8/94
SUBMITTED BY: Human Rights Commission
EXPLANATION /SUMMARY:
a. Human Rights Commission Minutes of Feb. 8, 1994
HUMAN RIGHTS COMMISSION
Minutes from February 8th 1994
Commissioners Present; Dave Bowers, John Treadwell
Commissioners Absent; Ed Sheppard, Gwen Willems, Ted Johnson
Guests; Sue Gehrz
The meeting was called to-order at 7:OOPM
Business:
1. The minutes from the January 18th meeting were approved, and no changes were made.
2. Ideas, pros and cons, and discussion on Commission name change was tabled until
more commissioners could be present.
3. John would like to obtain a list of local businesses and other groups that may be
interested in receive mailings from the H.R.C. The League is encouraging having our own
list of mailings.
4. Dave presented two drafts from Gwen Willems. The first draft was for a brochure for
the HRC concerning the ADA, outlining some ideas that we may wish to incorporate into
the final brochure. The second draft was concerning a letter to the City Council for the
expenditure of HRC budgeted funds for the attendance to the International Conference in
New Brunswick, Canada in June of 1994. Gwen received support form the other
commissioners present and our Council representative Sue Gehrz for the sum of 100.00
dollars to help defray the cost of the conference.
5. Discussion was held concerning the publishing of commissioners phone numbers in the
brochure. It was felt that the City Hall number and or the Chairpersons number should be
the only ones listed.
6. Dave will ask Susan Hoyt about the advertisements concerning new commission
members and the recruitment of a student member.
7. Discussion took place on the training for mediation and no fault for the commissioners.
It was thought that for the amount of cases that may present themselves at this time, it may
be more advantages for the City to hire a mediation service when a case presents itself. It
was felt that the commissioners time would be better spent in other community areas.
However, there are several commissioners that have an interest in this area and would like
to pursue that interest on their own. Sue Gehrz will bring this topic up before the City
Council to obtain their ideas on this subject. There is the possibility that we could share
mediation and no -fault services with the Commissions from the surrounding communities.
Dave will look into this for our next meeting.
8. It was felt that we should be proactive in our Non violent resolution training. John and
Gwen may be interested in obtaining information on this topic from other sources to find
out if and where there is training for this. Sue Gehrz is willing to help with training
commissioners for group led sessions. Sue Gehrz will obtain information from the
Ramsey County Violence program for use by our commission. Bullying was a topic that
Sue thought was a issue that involved directly or indirectly a good majority of people in the
community and suggested that we hold a seminar in the future on this topic.
9. The subject of SEMINARS throughout the year, on various topics, was discussed. It
was felt that the HRC could host and lead seminars that involve the community at large.
Some suggestions for seminars were, Bullying, Non Violence resolution. It was felt that
small group discussion as well as multimedia presentations would be of benefit. To
involve younger students it was felt that possible school credits could be obtained for
students that attended.
10. Sue Gehrz would like to see more community development of after school activities
for the young people of the community.
11. The HRC would like to see a developed policy for Racial Bias and Harassment
throughout the schools at all grade levels.
12. The State League will hold their February meeting at Falcon Heights City Hall. All the
commissioners are welcomed to attend. Please contact John as to time.
The meeting was adjourned at 8:10 PM
ITEMS FOR NEXT MEETING:
1. Bring ideas for Seminars.
2. Sue Gehrz will bring video tape on Bullying.
3. Report from John on League meeting.
4. Name change discussion.
5. Commissioners to recruit new members.
6. Bring ideas for projects that you thing are important and would like to work on.
NEXT MEETING IS MARCH 8TH AT 7:OOPM AT CITY HALL
Minutes respectfully submitted by
Dave Bowers