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December 14, 2009 REgular
CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40'~ Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Vsit our website at: www.ci.codurnbia-hei~hts.nve.us Robert A. Williams Bruce Naivrocki Tanvnera Diehm Bruce KeLenberg City Manaeer YValter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at '7:00 PM on Monday, December 14, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Lorraine Mell, Pastoral Minister at Church of the Immaculate Conception 2. PLEDGE OF ALLEGLANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Charter Commission recognition -Joseph A. Sturdevant p4 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the City Council meeting MOTION: Move to approve the minutes of the November 23, 2009 City Council meeting. PS B. Accept minutes of the Columbia Heights Boards and Commissions MOT10N: Move to accept the November 19, 2009 minutes of the Telecommunications ply Commission. MOTION: Move to accept the November 4, 2009 minutes of the Library Board. p2 ° C. Adopt Resolution No. 2009-198, being a resolution for acquisition of 4606 Polk Street paa MOTION: Move to waive the reading of Resolution 2009-1.98, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-198, approving the acquisition of property located at 4606 Polk Street Northeast; furthermore to authorize the City Manager and Mayor to enter into an agreement for the same. C-ty Council Agenda Monday, December 14, 2009 Page 2 of 3 D. Adopt Resolution No. 2009-196 being a resolution establishing a fee schedule for the 2011 John P. Murzyn Hall rental rates. pzs MOTION: Move to waive the reading of Resolution No. 2009-196, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-196, being a resolution establishing a fee schedule for the 2011 John P. Murzyn Hall rental rates. E. Acceptance of a MNDNR Cornrnunity Forest Bondin,g~Grant in the amount of $22,500. P28 MOTION: Move to accept a 2009 Minnesota Community Forest Bonding Grant in the amount of $22,500 for the identification, removal and disposal of diseased or dead trees on public property, and authorize the Mayor and City Manager to enter into an agreement for the same. F. Adopt Resolution No. 2009-194 being a resolution adopting the 2009-2010 Snow and Ice p6'1 Control Policy. Motion: Move to waive the reading of Resolution No. 2009-194, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2009-194, being a resolution adopting the 2009-2010 Snow and Ice Control Policy for the City of Columbia Heights. G. Ado Resolution 2009-193 authorizing the execution of agreement and participation in pas Minnesota Department of Public Safety's runt pro rg ams. MOTION: Move to waive the reading of Resolution 2009-193, there being ample copies available for the public. MOTION: Move to adopt Resolution 2009-193 authorizing the execution of agreement and participation in the Minnesota Department of Publie Safety's grant programs. H. Authorize the Mayor and City Manager to enter into a contract for Police Service_wth the Cit of Hilltop pay MOTION: Move to authorize the Mayor and the City Manager to enter into a Police Service Contract with the C`rty of Hilltop starting January 1, 2010 and extending through December 31, 201.2 at the rates specified in the contract. L Authorize School Liaison Officer Contract with Northeast Metro School District 916 (ALC) p92 MOTION: Move to authorize the Mayor and Police Chief to enter into a contract with Northeast Metro School District 91.6 for a School Liaison Officer for the Metro Heights Academy (commonly referred to as the ALC) at 3989 Central Avenue NE from January 1, 2010 through June 30, 2013. J. Approve Business License Applications p113 MOTION: Move to approve the items as listed on the business license agenda for December 14, 2009 as presented. K. Approve payment of the bills p116 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132662 through Check Number 132929 in the amount of $5,346,041.21. City Council Agenda Monday, December 14, 2009 Page 3 of 3 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC FIEARINGS 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Adopt Resolution No. 2009-197, being a resolution adoptin~a budget for the year 2010, setting the City General Levy and Bond Levy. MOTION: Move to waive the reading of Resolution 2009-197, there being ample copies Piz available to the public. MOTION: Move to adopt Resolution 2009-197 being a resolution adopting a budget for 2010, setting the City General Levy at $8,052,1.42, and reaffirming the previously approved bond levies of $1,023,283. S. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT ,+ ~,,~ ~' ~ i Walter R. Fehst, City Manager WF/pvm SHE CITY OF COLUMBIA ~IEIGHTS DOES HEREBY ACKNO~VLED GE 'THE VOLUN~~ER AND LEADERSHIP EFFORTS OF JOSEPH A. S~LTRDEVAN~ 2004 rI`O 2000 GARS' L. PETERSON l~~IA1'OR 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 23, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 23, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALL/INVOCATION Rev. Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked why the cable T.V. channel was frozen on one page all weekend. Fehst stated there were problems uploading on Friday night and we were not able to get anyone to Iook at ft over the weekend. Peterson stated he spoke to Linda Magee, Assistant to the City Manager, and she indicated that we have had problems for several years with breakdowns and the system needs to be replaced. Nawrocki stated that we spend a lot of money on computer equipment. Fehst stated that is why we are in negotiations with the cable franchise holder. Nawrocki stated. he will ask the City Manager for details on how many people use the new gym, what is happening on the officer contract with the school on 40t" and Central, an update on the pedestrian bridge, and an update on public safety building costs. Nawrocki requested to remove consent agenda items C, D, F, G, H, I, J, K, N. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Charter Commission recognition Joseph A. Sturdevant -will be present at the December 14, 2009 City Council meeting. B. Traffic Commission recognition Joseph S. Sturdevant Mayor Peterson read the certificate of appreciation and gave him a city pen and pencil set. Joe Sturdevant stated that he was on the Human Service Commission for 12 years, the Traffic Commission for I S years, the Charter Commission for eight years, and was Mayor for five years. He stated that it has been a privilege to live, work, and serve the City of Columbia Heights. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the City Council meeting Motion to approve the minutes of the November 9, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the September 23, 2009 minutes of the Park and Recreation Commission. C. Adopt Resolution 2009-191 being a Resolution canceling the Monday, December 28, 2009 City of Columbia Hei hg is regular City Council meeting. removed City Council Minutes Monday, November 23, 2009 Page 2 of 12 D. Approve Gambling Permit, Society for Creative Anachronism, Inc. to be held at Central Middle School, January 9, 2010 -removed E. Approve Transfer of Funds for Safe and Sober from General Fund to Police Dept. Budget, Overtime Line #1020 Motion to transfer $1,994.99, the amount of money received from Coon Rapids as reimbursement for overtime worked from our participation on the Safe and Sober program, from the General Fund to the Police Department 2009 Budget line 1020, Overtime. F. Adopt Resolution 2009-188, being a Resolution establishing Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral -removed G. Adopt Resolution 2009-184, being a Resolution ordering_preparation of a report for the Zone 5 Street Rehabilitation Program, City Project No. 1002. -removed H. Adopt Resolution 2009-185, being_a Resolution ordering_preparation of a report for the Zone 4 Street Seal Coat Program, City Project No. 1001 -removed I. Emergency Repair of a Trunk Storm Sewer line at the 45th Avenue Mississippi River Outfall - removed J. Adopt Resolution 2009-186 being a Resolution ap,Rroving, acquisition of 4303 Reservoir Bivd. - removed K. Adopt Resolution 2009-1.92, being a Resolution approving acquisition of 4135 Jefferson Street - removed L. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for November 23, 2009. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 23, 2009 as presented. N. Approve payment of the bills -removed Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items C, D, F, G, H, I, J, K, N. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2009-191 being a Resolution canceling the Monday, December 28, 2009 CitYof Columbia Hei hg is regular City Council meeting_ Nawrocki stated his concern that there has not been much time spent discussing the budget. There will be a hearing at the first council meeting in December. Fehst stated there have been three preliminary meetings discussing the way to remove the need for state aid and the budget. We have met to review the Library, and Police Department budgets. Nawrocki asked if this will take the place of the Truth in Taxation meeting. Fehst stated that meeting is no longer a requirement. Nawrocki asked when the tax statements will be received. Fehst stated anticipation of Monday or Tuesday. City Council Minutes Monday, November 23, 2009 Page 3 of 12 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2009-191, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-191., being a Resolution canceling the Monday, December 28, 2009 City of Columbia Heights regular City Council meeting. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. D. Approve Gambling Permit, Society for Creative Anachronism, Inc. to be held at Central Middle School, January 9, 2010 Nawrocki stated. this request does not look like it comes from a Columbia Heights organization. Fehst stated that the background check found nothing prohibitive. He read a definition of Creative Anachronism and indicated that this is run through the Middle School. Peterson stated that this satisfies the City's requirement for a one time charitable gambling license. Diehm stated this is the study of the Middle Ages and Renaissance history. Motion by Kelzenberg, second by Williams, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for the Society for Creative Anachronism, Inc. far a raffle to be held at an event at Central Middle School, 900 49th Avenue NE, Hilltop, Minnesota on January 9, 2010; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2009-188, being a Resolution establishing Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral Kevin Hansen, Public Works Director, stated this item is required by State Statute. This allows cities to offer deferment for properties based on income. It allows up to 50 percent of the assessment to be deferred. Seal coat projects do not qualify. In the last 12 years we have received very few applications. Nawrocki questioned how people could apply. Hansen stated this is included in the notices mailed to property owners. Motion by Nawrocki, second 6y Williams, to waive the reading of Resolution No. 2009-188, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2009-188, being a resolution retaining the maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2009-184, being a Resolution ordering preparation of a report for the Zone 5 Street Rehabilitation Program, City Project No. 1002. Hansen stated that items G and H are for the 2010 public improvement program. The road treatment program has run for the last 10 years. This request is for Zone 5, University and Central Avenues from 44`" to 48`". The seal coating program will be in Zone 4, which is north of 48`" Avenue between University and Central Avenues. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-184, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-184, being a Resolution ordering preparation of a report for the Zane 5 Street Rehabilitation Program, City Project No. 1002. City Council Minutes Monday, November 23, 2009 Page 4 of 12 Upon vote: All ayes. Motion carried. H. Adopt Resolution 2009-185, being a Resolution orderingypreparation of a report for the Zone 4 Street Seal Coat Pro:;ram, City Project No. 1001 Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2009-185, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-185, being a Resolution ordering preparation of a report for the Zone 4 Street Seal Coat Program, City Project No. 1.001. Upon vote: All ayes. Motion carried. I. Emer ency Repair of a Trunk Storm Sewer line at the 45th Avenue Mississippi River Outfall Hansen stated that storm water goes from our ponds underground to the City of Fridley. An 84 inch storm sewer line has failed. We have gone through the process to make emergency repairs. Since it is in the City of Fridley, they must plan, bid, and repair the line. The low bid of $116,000 was awarded. last Monday. In our agreement we are responsible for about 66 percent of the repair. The request is to appropriate the cost from the Storm Water Utility fund. This is also a good time to look at the percentage of responsibility and areas not included, like Main Street and East River Road. Nawrocki referred to the line becoming smaller as it gets closer to the river and past line backups. Hansen stated that we have not had any recent backups since we have made improvements to address this, such as the reconstruction of Jackson Pond. Nawrocki asked if the City of Hilltop has drainage that goes into this line. Hansen stated he would have to research this. They are not included in the existing agreement. Nawrocki indicated that the first bid was turned down. Hansen stated that bid was aver $125,000. Motion by Diehm, second by Williams, to authorize funding from the Storm Water Utility Fund for the Emergency Repair of the 84-inch Trunk Storm Sewer Line located near 45th Avenue at the Mississippi River for the City of Columbia Heights share of the total project cast and authorize the Mayor and City Manager to execute the MOU with the City of Fridley. Upon vote: All ayes. Motion carried. Adopt Resolution 2009-186, beinP a Resolution approving acquisition of 4303 Reservoir Blvd. Fehst stated the next two items are acquisition of homes as approved through the scattered site district, which also indicated the homes would be demolished. He listed the purchase requirements. The Reservoir Boulevard home cost is $52,500. This is a large lot with a 750 square foot home built in 1918. The house has structural deterioration, no walls, and holes in the ceiling. This home has served its useful life. The demolition bids will be around $10,000. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-186, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-186, approving the acquisition of property located at 4303 Reservoir Blvd; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki asked the cost to rehab the home. Fehst stated that we have been in over 40 homes and some can be repaired, but we only bring ones forward that fit the criteria. Nawrocki indicated that the resolution does not include criteria for demolition and questioned what budget line item this can be found. under. Fehst stated the scattered site district funds. City Council Minutes Monday, November 23, 2009 Page 5 of 12 Deb Johnson, 4626 Pierce, requested to see pictures, which staff presented for viewing. Nawrocki indicated that purchase of these properties takes them off of the tax roles. Peterson read from the staff letter, which indicates that if this home were sold it would become rental property. The lot can be sold in the future with a higher value home and will generate more tax income. The intention is to improve neighborhoods by building new homes. Nawrocki again questioned rehabbing homes. Peterson stated. that assessment is completed by the Building Official, Community Development Director and Assistant Community Development Director. Peterson indicated that he viewed the home and agrees it needs to be torn down. Williams stated that the neighborhood group approached him requesting we buy this home for demolition. They are thril]ed with this purchase. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. K. Adopt Resolution 2009-1.92, being a Resolution approving acquisition of 4135 Jefferson Street Peterson read all of the requirements to purchase and demolish homes. Nawrocki indicated this information was not in the resolution. Fehst stated it was discussed at the meeting prior to resolution approval. It is not our intention to rehab homes. This program is for the worst of the worst. Knocking this down will improve the neighborhood and bring in more taxes. Nawrocki stated that until it is sold, we are losing tax money. Fehst stated this home is owned by a bank and we offered $32,500. Fehst described the deplorable conditions of the home and indicated that now someone has broken in and is living there. Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-192, there being ample copies available to the pubic. Upon vote: A11 ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2009-192, approving the acquisition of property located. at 4135 Jefferson Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned if a rehab cost estimate was received and do we know where the money is coming from. Peterson again stated. it comes from the Scattered Site District fund. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. N. Approve payment of the bills Motion by Nawrocki to approve payment of the bills, with the exception of check 132620 to Auto World.. Peterson called for a second. Motion died for lack of a second. Peterson stated that two weeks ago we approved. payment for AC Small Engines that was not removed. City Council Minutes Monday, November 23, 2009 Page 6 of 12 Motion by Kelzenberg, second by Diehm, to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132495 through Check Number 132661 in the amount of $1,052,510.16. Nawrocki stated his reason to have one bill removed is that he goes by the official Conflict of Interest policy from the League of Minnesota Cities. This contract was authorized by staff and did not come to Council If it had, and Councilmember Williams had abstained, he would have no problem with this. Since it was approved administratively, there should be a specific vote to give Williams the opportunity to abstain. Jim Hoeft, City Attorney, stated the Council, as a body, has approved the spending authority of the City Manager and this contract is within that limit, and therefore the City Council has approved the contract through authorization of the City Manager. He stated that Councilmember Williams has signed an affidavit for conflict of interest and it may be approved in that fashion. That information has been provided to the State Attorney General and Auditor's office and we may proceed to approve these contracts in this fashion. Nawrocki asked that, in accordance with the City Charter, the City Attorney provide this opinion in writing. Hoeft stated that he will provide anything in writing that the Council, as a whole, requests. Nawrocki stated that any council member may request this information. Hoeft stated that the minutes of this meeting will be provided to him. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2009-187, 4648 Polk Street N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman stated this license is due and is up for revocation. Motion by Diehm, second by Nawrocki, to close the public hearing and. to waive the reading of Resolution hdumber 2009-187 there being ample copses available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Number 2009-187 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2009-189, 5000 Johnson Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Hei>;hts. Gorman stated the property required securing for security and this is to approve that work. Nawrocki looked at the property and indicated he saw no plywood in place. Gorman stated that the property was secured with a lock. The clean up of the property continues. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2009-189 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Number 2009-189 being a 10 City Council Minutes Monday, November 23, 2009 Page 7 of 12 resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. 2nd Reading: Approve Ordinance 1573, bein>; an Ordinance to rezone 3701 Reservoir Blvd. from GB to R-2A. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1573, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1573 approving the rezoning of the property located at 3701 Reservoir Boulevard from GB, General Business to R- 2A, One and Two Family Residential. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and. Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki questioned if the current building access cards would allow access to the new public safety building. Fehst stated it wilt allow you. into the public area. Nawrocki referred to comments in the green sheet regarding the budget article and his concerns delaying the newsletter. He stated that budget information should be complete with all revenue and expenses explained. He stated his disappointment on the lack of time spent on budget discussion. He referred to the proposed increase, use of fund balances, and stated that we should talk about all of these items. The article on the new refuse contractor was good, but did not refer to the costs. People should know there will be an increase. He questioned. when the newsletter will be mailed. Fehst stated that it will be three to four days late. The newsletter has all the information requested. In the future any concerns should be brought up at a work session and agreed to by the Council, allowing the newsletter to be delivered on time. Nawrocki gave the hYStory of the newsletter. Peterson stated it is a ne•`usletter and is iTieant to give mformation high points. Fehst stated that the budget book is available at the library and at city hall. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that 40 to 50 youth are using the city gym in the after school program. We have asked the High School for a blended. rate on the weight rooms, for people to use in the evenings. There has been a move to have the gym open on the weekends. We have had a request to use it for soccer. We want to use the gyro as much as possible. Peterson commended staff and officers for programs to use the gym and we continue to try and improve the use of it. Fehst described the gym usage, using the 5-6 grade basketball program as an example. Fehst indicated that the Police Chief has negotiated a higher rate for the liaison officer requested by School District #16. The contract is ready for signing. Hansen stated that plans for the pedestrian bridge have been submitted and we should know if they are accepted within the week. Fehst commended Hansen. Considering guidelines, 11 City Council Minutes Monday, November 23, 2009 Page 8 of 12 procedures, and due dates, he has done an excellent job on this project. Hansen stated that we are required to obtain bids prior to the end of the year. Fehst stated that 80 percent of punch list items on the Public Safety building have been completed, The contingency is $49,202, including a $20,000 retainer for next year's unknowns. Nawrocki stated that the only gym usage numbers we receive are from police programs and he would like to see other usage numbers. On the contract with School District #16, we should use an existing officer to get a better handle on our budget. Nawrocki referred to his attendance at the Metro Regional meeting. Fehst stated they are doing what we did last year, regarding layoffs and furloughs. Nawrocki stated that does not carry over into this year. There is a lot more that can be done. Report of the City Attorney -nothing to report CITIZENS FORUM Peterson stated that the Public Safety Tribute Statue was dedicated last Wednesday and will be an asset to the community. The holiday kickoff party was a success. Don't forget our service men and women. Keep them in your prayers. Don't take yourselves to seriously, have a Happy Thanksgiving, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:16 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-191 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 28, 2009 WHEREAS: The City of Columbia Heights offices are closed on Thursday, December 24, 2009 and Friday, December 25, 2009, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 28, 2009; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2009-188 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 12 City Council Minutes Monday, November 23, 2009 Page 9 of 12 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transferor subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. if the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.1.95 and this Resolution. RESOLUTION N0.2009-184 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 5 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1002 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 5 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1.953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1002 ZONE 5 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION N0.2009-185 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 4 STREET SEAL COAT PROGRAM CITY PROJECT NO. 1001 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 4 that have not been rehabilitated under the street program, and 13 City Council Minutes Monday, November 23, 2009 Page 10 of 12 WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1001 ZONE 4 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION N0.2009-1$6 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4303 RESERVOIR BLVD NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority"} administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001. to 469.047 (the "HRA Act"}. 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Edina Realty (the "Seller") dated as of November 5, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4303 Reservoir Blvd Northeast and legally described as follows: Lot 4, Block 4 Auditors Subdivision or Waltons Second Subdivision (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $52,500. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2009-192 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4135 JEFFERSON STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 14 City Council Minutes Monday, November 23, 2009 Page 11 of 12 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Bank of America (the "Seller") dated as of July 1, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located 4135 Jefferson Street Northeast and legally described as follows: Lot 24, Block 43 Columbia Heights Annex (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign. its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assi ng ment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for up to $40,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION 2009-187 Resolution of the City Council far the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by William Wall (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4648 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 6, 2009 of an public hearing to be held on November 23, 2009. Naw, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 15, 2009 inspection aftice staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 6, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Ot~ce, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees and failure to schedule a rental housing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER. OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9299 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-189 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article Il, of City Code, of the property owned by Genevieve V. Kuppe (Hereinafter "Owner of Record"). 15 City Council Minutes Monday, November 23, 2009 Page 12 of 12 Whereas, the owner of record is the legal owner of the rea( property located at 5000 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 28, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 28, 2009 the Fire Department and Police Department personnel were performing an abatement action at the property. After the property was cleaned up and the abatement was completed, personnel could. not leave the structure unsecured. The Fire Chief ordered an immediate abatement and that the building be secured. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 28, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 5000 Johnson Street N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 5000 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5000 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all .relevant parties and parties in interest. ORDINANCE 1573 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO REZONING OF A CERTAIN PROPERTY LOCATED AT 3701-OS RESERVOIR BOULEVARD NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, the historic use of the property has been single-family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate. WHEREAS, rezoning the subject parcel from GB, General Business to R-2A, One and Two Family Residential provides the re- occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 16 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, NOVEMBER 19, 2009 The meeting was called to order at 7:00 p.m. by Linda Magee. ROLL CALL: Members Present: Dennis Stroik, Ken Henke, Brad Peterson, and Dan Swee. Absent Members: Robert Peltier and Reuben Ruen (Excused}, and Bob Buboltz (Unexcused). Council Representative: Bruce Nawrocki (Excused} City Representative: Linda Magee Since Dennis was just re-appointed to the Commission after a lapse of several months, he agreed to serve as Acting Chair for this meeting with. the understanding that Election of a new chair will take place at the next meeting. APPROVAL OF MLNUTES Nfotion by Brad Peterson, seconded by Dan Swee, to approve the minutes ofJanuary IS, 2009. All ayes. Motion Passed. OLD BUSINESS A. Channel Check The channel check was done and no problems were found. B. Correspondence Log and Follow Up on Complaints No complaints were received by the City since the last meeting. C. Status of Franchise Renewal Linda gave a brief update on the progress being made on the Franchise Renewal Agreement. She stated they are still negotiating a few issues and is expecting to receive a modified proposal from Comcast on November 24th. Another conference call is scheduled for December 8t". She hopes to have a tentative agreement to bring to the Commission in January. There is tentative agreement that the renewed franchise would be for afive-year term. D. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION MIN17TES NOVEMBER 19, 2009 PAGE 2 NEW BUSINESS A. Acceptance of the 2008 Annual Report Members discussed the survey results regarding the sound levels of programming. It was noted that TV's that use digital boxes seem to have a more controlled sound level than those who are hooked up directly to the cable. Motion by Henke, seconded by Peterson, to accept the 2008 Annual Repo°t. All ayes. MOTION PASSED. D. B. Receipt of 2°d & 3`d Quarters, 2009 Franchise Fees A copy of the Franchise Fees for 2°d & 3`d Quarter 2009 were enclosed in the agenda packets. E. C. Notices from Comcast: 1 j Notice of Addition of the Outdoor Channel-This was added to the Sports & Entertainment Package on channel 270 effective August 11, 2009. 2) Access to ESPN360-Comcast High-Speed Internet customers have access to online sports service ESPN360 at no additional charge effective August 4, 2009. 3) Notice of Lock-In Price Program-Comcast offered. a 12 and 24 month lock in price for the Digital Starter Package and. the HD Triple Play service. 4) Addition of MLB Network-Comcast added MLB Network on channel 272 of the Sports Entertainment Package effective August 31, 2009. 5) Addition of Universal Caller ID-Comcast is providing Universal Caller ID that will alert customers to phone calls on their computers or television if they have a Triple Play bundle. 6) Addition of the Red Zone Channel-This was added to the Sports Entertainment Package channel 266 beginning September 23, 2009. 7} Addition of the NSA Channel-This was added on channel 257 for customers with Digital Classic Tier or file sports Entertai~i~iient Package on October i, 2009. 8} Comcast Customer Guarantee & High Speed Internet Service-A copy of the Customer Service Guarantee was enclosed in the agenda packets. Comcast also announced Internet service with speeds of 1 OOMbps beginning September Stn 9) Addition of the NFL Red Zone-This was added on channel 268 of the Sports Entertainment Package beginning October 4, 2009. C. Additional Notices: 1) Notice regarding the addition. of a new Video Package option, Digital Economy. This is a new package that includes a lineup of almost 50 channels, including Basic Cable, plus selected channels. This service will be available beginning December 16, 2009. 2) Notice was received regarding Price Adjustments beginning January 2010 for video services. C, Other New Business 18 TELECOMMUNICATIONS COMMISSION MINUTES NOVEMBER 19, 2009 PAGE 3 REPORTS A. Report of Commissioners Education-Nothing to report Library- Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports of June 2009-October 2009 were included in the agenda packets far the commissioners to review. C. Report of the Assistant to the City Manager Linda welcomed Dennis back to the Commission and thanked him for his years of service and his willingness to continue on the Commission. Motion by Henke, seconded by Swee, to adjourn the meeting at 7.•35 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary 19 Approved 12/2/09 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES November 4, 2009 The meeting was called to order by Chair Patricia Sowada, at 6:36 p.m. Members present were; Nancy Hoium, Patricia Sowada, Lynette Thomson and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the October 7, 2009, Board meeting were approved as mailed. The bill list dated 10/26/09 was reviewed. It was moved, seconded. and passed that the bills be paid. The bill list dated 11/9/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 11/4/09 was reviewed. Old Business: 1. The Cowlcil will vote at the next City Council meeting between the two qualified candidates. Kelzenburg stated that there was discussion on the possibility of increasing the Board size to include both candidates, but the Council has decided to maintain the current Board size. Loader presented the 2010 proposed budget to the City Council on November 2, 2009. Loader's presentation was based on three platforms, where we were, where we are now, and what we are proposing, then concluded with capital add backs. Loader is requesting three items be added to the budget to be paid through the 411, General Government Account; replacement of one air conditioning unit, parking lot resurfacing, and replacement of the 1965 boiler. The Council will be approving the budget on December 14, 2009. 3, The Board has decided to make no changes to the officers at this time. 4. Due to unforeseen circumstances the film portion of the fundraiser will be cancelled. The Foundation has talked with Tam Letness, Heights Theater owner, and has decided to present two silent auctions, one at each showing of "White Christmas" the weekend of December 12`" and l 3`". Proceeds from the auction will go the Foundation's Capital Campaign, though there will be no proceeds from ticket sales this year. The Board members are putting together several baskets for the auction, and are encouraged to help the weekend of the fundraiser. 5. The Spaghetti Supper was a success this year, and all proceeds from the dinner went towards the Foundation's Capital Campaign. New Business: 1. The crossover statistics for September were reviewed. 2. It was moved. to accept the proposed Board meeting dates for 2010. The motion was carried. 20 Items from. the Floor: 1. The Board wanted to express their sympathy to Marsha Tubbs on the passing away of her father. The Board prepared a card and donation to the Library Foundation to be presented to Marsha. 2. This year's countywide winner of the Summer Reading Club Bookmark Contest was Columbia Heights teen, Jackie Anderson. An article from the Star Tribune was passed around with a picture of Jackie and her bookmark. Her design will be printed and distributed during the Summer Reading Program in 2010. 3. Loader is preparing a continuity plan in case limited public contact is recommended by the State. Some possible steps would be extended. due dates, a set minimum staff to open, service prioritization, and cancellation of programs. Policies are also being put in place to make sure a supervisor will be in the building at all open times. If the City closes, the Library will be closed. If the Library closes, able staff may be asked to work in the closed building or in different areas of the city. There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights ser°vices, prog~°anzs, and activities. 21 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of December 14, 2009: AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Acquisition of 4606 Polk Street-Resolution BY: Sheila Cartney BY: 2009-198 DATE: December 10, 2009 / v f ~` BACKGROUND: In May of this year the City and EDA modified the Tax Increment Plan for the Kmart/Central Avenue Tax Increment Financing District to include 55 parcels of the "Sheffield Neighborhood", which have been identified as a renovation and renewal area. The key element of the Plan is the use of unobligated tax increment from the original district (condominium project north of 47`") as a revenue source for redevelopment in the Sheffield neighborhood and in turn, capitalized revenue stream through a bond sale. The plan provides for a wide range of redevelopment work that is including, but not limited to, acquisition, demolition, rehabilitation, utility and street work etc. Additionally the City was awarded a CDBG grant in the amount of $170,000 for demolition of properties located in the Sheffield neighborhood. To date the City has purchased 4 parcels within the Sheffield neighborhood and have demolished all buildings associated with the parcels and are in the process of purchasing a four-plex on Polk Street that will be demolished in the Spring. In addition to making a physical environmental change to this neighborhood; the Police Department continues to have success with holding landlords and residents in the area accountable and will continue these efforts. As part of the program mentioned above staff have negotiated the purchase of 4606 Polk Street for $109,900 plus closing costs. The duplex was built in ]960; the duplex is 2,128 square feet and the subject lot is 6,400 square feet. What is critical about this purchase is that it meets the intent of the Sheffield Neighborhood Acquisition program by reducing density and obsolete housing. The affect of this program appears to be beneficial especially from. the fact that we have been able to concentrate the vast majority of our purchases in one block. RECOMMENDATION: Staff recommends the purchase of 4606 Polk Street. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2009-198, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009- 198, approving the acquisition ofproperty located at 4606 Polk Street Northeast; furthermore to authorize the City Manager and Mayor to enter into an agreement for the same. COUNCIL ACTION: 22 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2009-19& RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4606 POLK STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COULUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY COLUMBIA HEIGHTS, MINNESOTA ("the City") AS FOLLOWS: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority"} and have established the K-Mart/Central Avenue Tax Increment Financing District (the "TIF District") within the Central Business District Redevelopment Project (the "Project"), and have adopted a Tax Increment Financing plan ("TIF Plan") for the purpose of financing certain improvements within the Project. 1.02. The City and Authority have undertaken a program to acquire homes in the project in order to address blighting issues and reduce density and provide future redevelopment opportunities. 1.03. The City ar Authority may incur certain costs related to the TIF District or Project, which costs may be financed on a temporary basis from available Authority or City funds. 1.04. The City, using available TIF District funds, intends to acquire certain properly in the City located at 4606 Polk Street (the "Property") within the Project, all or a portion of which Property the Authority or City may use to further redevelopment within the Project. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Edina Realty (the "Seller") dated December 12, 2009, including all related addenda and disclosures thereto (Collectively, the "Purchase Agreement"), for real property located at 4606 Polk Street Northeast and legally described as follows: Lot 13 except N1/2 and N 30 feet of Lot 14, Block 2, Sheffields 2°° Subdivision; except roads subject to easement of record (the "property"}, which Purchase Agreemert is contingent iipon approval of the Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to the City and is on file with the City Managers Section 2. Approval and Assii?nment 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for to $109,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the 23 Authority, including without limitation execution of any documents and agreements necessary to effectuate such. assignment, Passed this 14th day of December 2009. Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 2 24 CITY COUNCIL LETTER Meeting o£ December 14, 2009 AGENDA. SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Establish John P. Murz n Hall rental rates y BY: Keith Windschitl BY: ,~ for 2011 Recreation Director ~,~ ~ NO: DATE: 12/ 1 /09 ~ BACKGROUND The Columbia Heights Park and Recreation Commission unanimously approved the 2011 Murzyn Hall rental rates at their meeting on October 28, 2009. Staff has recommended rental rates for 2011 remain the same as they are for 2010. There was an increase in the hourly charge for the security officer. For 2010 the rate was $24/hour and for 2011 staff has recommended $25/hour. A copy of the proposed rental rates for 2011 is attached. MOTION: Move to waive the reading of Resolution No. 2009-196, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-196, being a resolution approving the 2011 John P. Murzyn Hall rental rates. COUNCIL ACTION: 25 RESOLUTION N0.2009-196 BEING A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE 2011 JOHN P. MURZYN HALL RENTAL RATES WHEREAS, the Columbia Heights Park and Recreation Commission approves and. recommends to the City Council rental rates for John P. Murzyn Hall; and WHEREAS, the Park and Recreation Commission unanimously approved to recommend the attached 2011 Murzyn Hall rental rates at their meeting on October 28, 2009; and WHEREAS, the recommendation is to retain the 2010 Murzyn Hall rates for 2011, with a $1 per hour increase for the security officer; WHEREAS, the proposed fee schedule would be implemented on January 1, 2010 for Murzyn Hall rentals in 2011; NOW THEREFORE BE IT RESOLVED that the attached fee schedule be adopted by the City of Columbia Heights City Council. Passed this day of December 2009 Offered by: Second by: Roli Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 26 JOHN P. MURZYN HALL RENTAL RATES Rentals in 2010 will pay the 2010 rates, and rentals in 2011 will pay the 2011 rates. RENTAL INFORMATION 2010 RATES (Sun -Fri} (Saturda) 2011 RATES (Sun -Fri) (Saturda ) Hall/Kitchen/LaBelle Loun a $960.00 $1,195.00 $960.00 $1,195.00 Hall $735.00 $845.00 $735.00 $845.00 Kitchen $125.00 $140.00 $125.00 $140.00 LaBelle Loun e $220.00 $255.00 $220.00 $255.00 Gauvitte Room $175.00 $195.00 $175.00 $195.00 Prestemon Room $175.00 $195.00 $175.00 $195.00 Edgemoor Room $175.00 $195.00 $175.00 $195.00 Ke es Room $175.00 $195.00 $175.00 $195.00 Maithaire/McKenna Room $250.00 $285.00 $250.00 $285.00 Senior Center $250.00 $285.00 $250.00 $285.00 Down Pa ment (non-refundable) $500 / $100 $500 / $100 $500 / $100 $500 / $100 Dama a De osit (refundable $500 / $250 $500 / $250 $500 / $250 $500 / $250 Securit Officer De osit $150.00 $150.00 $150.00 $150.00 Communit Service Officer/hour $24.00 $24.00 $25.00 $25.00 Pop/C02 Char a $100.00 $100.00 $100.00 $100.00 Early Ent Fee* $60.00 $60.00 $60.00 $60.00 Custodial Char a er hour $25.00 $25.00 $25.00 $25.00 Events Lastin 2 hours or less 50% N/A 50% N/A Events Lastin 4 hours or less 25% N/A 25% N/A Hei hts Resident Discount"" 25% 25% 25% 25% All JPM rentals end at 1:00 a.m. An $80.00 late fee will be assessed every 30 minutes after 1:00 a.m. Subject to approval by Recreation Director ar~dfor Park & Recreation Commission. "* Columbia Heights Resident discount is exclusively limited to the renter or their parents. All rentals are required to use the in-house pop dispensers behind the bar. Single room rentals have a maximum rental time of 7 hours. Linen and Napkin rental is available upon request. 2010 Prices are as follows: White or Ivory Linens $7.00 per hall table (60" rounds and 8' x 2 1/2' banquet tables) $3.50 per bar table $ .50 per napkin (various colors available) Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. Tax additional. A $50 Service Charge may apply to special orders made within the week prior to the event. White Melamine Dinnerware, Silverware and Plastic Tumblers are available for a rental fee of $50 plus tax per rental. Saturday rentals may decorate on the Friday before their event from 10:00 am - 4:30 pm far a $150 fee. This reservation can only be made if the hall is available within 2 weeks of the rental date. 27 CITY COUNCIL LETTER Meettn ot: 1 ~/ 14/Uy AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS . ITEM: ACCEPTANCE OF A MNDNR COMMUMTY BY: K. Hansen BY: t~-'`%~~ %~ FOREST BONDING GRANT IN THE AMOUNT OF DATE: 12/3/09 DATE: $22,500. Background: The Minnesota Department of Natural Resources (MNDNR) recently made available a grant program focusing on urban tree management. The program was established focusing on the removal, disposal and replacement of dead or dying shade trees located on public property that are lost to forest pests or disease. Analysis /Conclusions: Public Works staff applied for the grant when it first became available early in 2009. Staff was notified of an award in March of 2009 (see attached letter) and that the grant document and details would follow. The original award was for $25,000 over atwo-year period. Due to the number of grant requests and available bond proceeds, the grant award was reduced. by 10% to $22,500. The use of the funds is specific in that they must be used on public property. The grant is a reimbursement type -the City must spend the dollars and. then request reimbursement. Staff is proposing to use the grant funds to support tree management on public lands in the City. Our disease and dead tree removal program varies from year to year, and the impact of the Emerald Ash Borer is unknoM during when grant fimds are available. Staff recommends acceptance of the grant from the MNDNR in the amount of $22,500, fora 2-year period. MOTION: Mope to accept a 2009 Minnesota Community Forest Bonding C--rant in the amount of $22,500 for the identification, removal and disposal of diseased or dead trees on public property, and authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Attachment: March 25, 2009 DNR Award Letter MnDNR Grant COUNCIL ACTION: 28 March 25, 2009 Lauren McClanahan City of Columbia Heights 637 38th Ave NE ' Columbia Heights, MN 554z1 Dear Lauuen,, Congratulations. Your application for a Minnesota Community Forest Bonding Grant has been approved for the amount of $25,000. C1f this total grant amount, the Steering Committee has recommended using $25,000 for tree removals and $0 for planting. You will receive your grant agreement paperwork as soon as possible. . The Bonding Grant Steering Committee had a daunting task trying to decide on the levels of grant awards far the fine proposals submitted. Fortunately, the committee was able to award some funds to aII grant projects, though a number of the awards were for less than what was requested. The project activities that were cut backthe most were primarily tree removals. This was done to reflect the program emphasis on community forest infrastructure investment. If your award is less than you requested, you will need to satbmit a revised budget detail page froln your~ implication form Please begin worlcin~ on that now sb yoac can return it along with your steed grant agreement. If you need assistance, please contact the DNR staff that you've been working with. This program. is generally set up on a reimbursement basis. That is, you will, receive the money for yotu Boncling grant after you have completed the project. If you need a partial payment in advance for purchase of trees or contractual services, you must receive-the approval of your DNR staff contact for that crib. advance prior to requesting paS~rnent. Your grant agreement (contract) will describe this process in detail. VJe look forward to helping you implement a successful project. Again, congratulations and thank you for yoiu patience and your contributions to the long-term management of your community's trees. ~ ' Sincerely, ,~~~ Ken Holman, Community Forestry Coordinator 29 mnuw.dnrstnte.mn.us ARi C(111A1 l10Pf10TIIAiIN CAA pI fiVCA Minnesota Departn~.ent of Natural Resources Division of Forestry 500 Lafayette Rd' St Paul, MN 55155-4044 Phone: 651-259-5300 Fag: 651296-5954 November 25; 2009 City of Columbia Heights 637 38th Avenue, N.E. Columbia Heights, MN 55421 Attention: Lauren McClanahan Dear Ms. McClanahan: ~$~~~~~~ aEC o 1 zoo9 p~~L~~ V~~~K~ Enclosed are three copies of a pending Bonding Grant Contract with the Department of Natural Resources, Division of Forestry. The start date of this agreement is December 21, 2009 or the date the contract is fully executed. This agreement runs through June 30, 2011. Please have these agreements signed by those with the authority to sign contracts. Send all copies back to me and I'll secure the required state signature. After this Grant Contract has been fully executed, I'll forward a copy to you. We will also need a revised proposal and budget that reflect the 10% decrease from the grant amount you were initially awarded, not the amount requested. That revised document should be sent directly to our technical staff for approval. They can assist you with revisions. That document will become part of the completed contract. Nate Section 6.04, Condition Precedent to Any Advance. Once the Grant Contract has been fully executed, you may begin work. However, invoices for said work may not be submitted until the DNR Division of Forestay has received all items required in Section 6.04. Sincerely, ,~~___-- Karen ednarcz k ~~~ Y Contract Consultant 30 STATE OF MINNESOTA GENERAL OBLIGATION BOND PROCEEDS GRANT CONTRACT Accounting Information Agency: R29 Fiscal Year: 10 ~Iendor Number: 036772001 00 Total Amount of Contract: Amount of First FY: Commodity Code: 023 09 Commodity Code: Commodity Code: Object Code: SB20 Object Code: Amount: $22,500.00 Amount: Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 500 Fund: Fund: Appr: 353 Appr: Appr: Org/Sub: 3727 Org/Sub: Org/Sub: Activity: 3505 Rept Catg: Rept Catg: Amount: $22,500.00 Amount: Amount: Contract Number: 836706 Begin Dater December 2I, 2009 End Date: June 30, 2011 Grant Name and Address fon- filing and payment purpases: City of Columbia Heights 637 38th Avenue, N.E. Columbia Heights, MN 55421 Attention: Lauren McClanahan 31 General Obligation Bond Proceeds Local Grants for Tree Removal and Replanting THIS AGREEMENT shall be effective as of November 16, 2009, and is between the City of City of Columbia Heights, 637 38th Avenue, N.E., Columbia Heights, MN 55421, a City (the "Public Entity"), and the State of Minnesota, Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4044 (the "State Entity"). RECITALS A. Under the provisions contained in Laws 2008, Chapter 179, Section 7, Subdivision 21, the Public Entity has been given the authority to identify, remove, dispose and replace dead or dying shade trees located on public property that are lost to forest pests or disease; and B. Under the provisions contained in Chapter 179 H.F.No 380 Sec. 7 Subd. 21, the State of Minnesota has allocated $500,000.00 (the "Grant"), which is to be given to the Public Entity as a grant to assist it in the identification, removal, disposal and replacement of dead or dying shade trees located on public property that are lost to forest pests or disease; as authorized by such legislation; and C. Under the pravisions contained in M.S. 89.62, the Public .Entity has been given the authority to identify, remove, dispose and replace dead or dying shade trees located on public property that are lost to forest pests or disease; and D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article mil, § 5(a) of the Minnesota Constitution; and E. The Public Entity's receipt and use of the Grant to acquire and/or improve real property (the "Real Property") and, if applicable, structures situated thereon (the "Facility") will cause all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. ~ 16A.695 (the "G.O. Compliance Legislation") and in that certain "Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the then Commissioner of Finance on July 20, 1995 (the "Commissioner's Order"), even though such funds may only be a portion of the funds being used to acquire and/or improve the Real Property and, if applicable, Facility and that such funds may be used to only acquire and/or improve a part of the Real Property and/or, if applicable, Facility. F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies alld the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. 32 2 Article I DEFIlVITIONS Section 1,01 Defined Terms. As used in this Agreement, the fallowing terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to bath the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)" - means an advance made or to be made by the State Entity to the Public Entity aizd disbursed in accordance with the provisions contained in Article VI hereof. "Agreement" -means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the «1» Project. "Approved Debt" -means public or private debt that is consented to and approved, in writing, by the Commissioner, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. "Architect", if any -Not Applicable "Code" -means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Corrunissioner" -means the commissioner of the Minnesota Management and Budget, and any designated representatives thereof. "Commissioner's Order" -means that certain "Order Amending Order of the Corrunissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the then Commissioner of Finance. on July 20, 1995. "Completion Date" -June 30, 2011 "Contractor" -means any person engaged to work on ar to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. "Construction Contract Documents" -means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits; amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Construction Items" -means the work to be performed under the Construction Contract Documents. "Counteiparty" -means any entity with which the Public Entity contracts under a Use Contract. This definitio~z is only needed and only applies if the Public E~ztity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not Tzeeded and should be ignored arad treated as if were left blanl~, and a~ay reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. 33 "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity's interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. "Draw Requisition" - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. "Event of Default" -means one or more of those events delineated in Section 2.07. "Facility", if applicable -Not Applicable "Fair Market Value" -means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold t11at negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. "GO Bonding Legislation" -means the legislation delineated in Recital B hereinabove. "G.O. Bonds" -means that portion of,the state general obligation bonds issued under the authority granted in Article ~I, ~ 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Grant and any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" -means Minn. Stat. § 16A.695 as such maybe subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacelnenf imposes an unconstitutional unpairment of a contract right. "Governmental Program" -means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program. "Grant" - means a grant of monies from the State Entity to the Public Entity in the amount identified as the "Grant" in Recital B to this Agreement,. as the amount thereof may be modified under the provisions contained in Sections 2.11 and 6.01. "Initial Acquisition and Betterment Costs" -means the cast to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess tl~e required ownership interest, and the costs of better•nents of the Real Property and, if applicable, Facility; provided, however, the Commissioner is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. "Inspecting. Engineer", if any -means the State Entity's construction inspector, or its designated consulting engineer. "Leased Premises" -means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease. ?'his definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest icnder a Real Property/Facility Lease. For all other circumstances this definition is not needed and shoicld be ignored and treated as if were left blanl~ and any reference to this term in this Agreement shall be ig~aored and treated as if tlae reference did not exist. "Lessor" -means the fee owner/lessor of the Leased Premises. This definition is only needed and only applies if the Public Entity's ownership interest in tlae Real Property, the 34 4 Facility, if.applicable, or bath, is by way of a leasehold interest under a Real Property/ Facility Lease. For all other circicnzstances this definition is not needed and should be ignored and treated as if were left blarzlc, and any reference to this term in this Agreement shall be ignored and treated as if the reference did riot exist. "Outstanding Balance of the Grant" -means the portion of the Grant that has been disbursed to or on behalf of_the Public Entity minus any amounts received by the Coirunissioner under Section 2.08.B. "Ownership Value", if any -means the value of the Public Entity's ownership interest, if any, in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity's execution of this Agreement. Sucll value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner. The parties hereto agree amd acknowledge that such value is $ or Not Applicable; provided, however, the Commissioner is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blaizk "Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" shoicld only be selected and checked when a portion of the finzds delineated in Attachment III attached hereto are to be used to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attaclzrrzerit III arzd not in this definition for- Ownership Value). . "Project" - ameans the Public Entity's acquisition, if applicable, of the ownership interests in the. Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03 herein. (If the Public Entity is not using any portion of the Grant to acquire the ownership interest denoted in.Section 2.02,then this dejinitiorz for Project shall not include the acquisition of such ownership interest ,and the value of such ownership interest shall not be included in Attaclin:exit III hereto arzd instead shall be included irz the definition for Ownership Value under this Section 1.01.) "Public Entity" -means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Real Property" -means the real property located in the County of Anoka, State of Min~lesbta, legally described in Attaclaxnent ~ to this Agreement. "Real PropertylF'acility Lease" - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "State Entity" -means the entity identified as the "State Entity" in the lead-in paragraph of this Agreement. "Subsequent Betterment Costs" -means the costs of betterments of the Real Property and, if applicable, Facility t11at occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such tern in used in Minn. Constitution Art. XI, ~5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner. "Use Contract" - means a lease, management contract or other similar contract between the Public Entity and any other entity 35 that involves or relates to any part of the Real Property and/or, if applicable, Facility. Tlzis definition is only needed and only applies if the ~'ublic Entity enters into an agreement with another party under which such other party will operate the Real Property and/or-, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Useful Life of the Real Estate and, if applicable, Facility" -means (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the~remaining useful life of the Facility as of the effective date of this .Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments delineated in Attaclunent III attached hereto for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Estate and, if applicable, Facility must be owned by one or more public entities. In arder to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will_ acquire, tl,e fpllnuling pw„ership interests in the R eal Property and, if applicable, Facility, and, in addition, that it possess, or will passes, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership hiterest in the Real Property. ^ Fee simple ownership of the Real .Property. ^ A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. [If the teen of the Real PropertyCFacility Lease is for a term autharized by a Minnesota statute, rule or session law, then insert the citatioaa at this point .] ^ An easement far the Real Property (i) that is ui form and substance acceptable to the State Entity and the Commissioner; (ii) that is for a term that is equal to or . greater than 12S% of the Useful Life of the Real Estate and, if applicable, Facility, or for a term authorized by a Minnesota statute, rule or. session law, and (iii) which cannot be modified, restated, amended, changed in. any other way, or prematurely cancelled or terminated without the prior written consent of the State Entity and the Commissioner. [If the term of the easement is for a term authorized by a 36 6 Minnesota statute, rule or session law, then insert the citation at this point Ownership Interest in, if applicable, the Facility. ^ Fee simple ownership of the Real Property. ^ A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. [If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then il~sert the citation at this point .] Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Grant for any other purpose. (Check all appropriate boxes.} ^ Acquisition of fee simple title to the Real Property. ^ Acquisition of a leasehold interest in the Real Property. ^ Acquisition of an easement for tlae Real Property. ^ Improvement of the Real Property. ^ Acquisition of fee simple title to the Facility. ^ Acquisition of a leasehold interest in the Facility. ~ Construction of the Facility. ^ Renovation of the Facility. Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable; Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used far the operation of the Governmental Program or far such other use as the Minnesota legislature may from tune to time designate, and for no other purposes or uses. The Public Entity inay enter into Use Cantracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the State Entity and the Commissioner and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity acid the Commissioner. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents aid warrants to the State Entity that; (i} it has the ability alld a plan to fund such programs, (ii) it has demonstrated such ability by way of.a plan that it submitted to the State 37 ~ Entity, and (iii) it will annually adopt, by resolution, a budget far the operation of such programs that clearly shows that forecast program revenues along with other funds available for the separation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii} it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available far the operation of such program (frown all sources} will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties.l'he Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has Legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents refereed to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Grant for the purpose or purposes described in Recital B of this Agreement. C. It has legal authority to operate the Governmental Program. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and wareanties in this Agreement, the Declaration, and all other documents refereed to herein. 38 8 F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation and the Commissioner's Order. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner relating to the Grant or the disbursement of any of the Grant is and will be true and correct. H. It is nat in violation of any provisions of its charter or of the laws of the State of Minnesota, acid there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any . document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of.any agreement or document to which it is now. a party or by which it is bound. . J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable.zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property aid, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. 39 9 P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will nat, without the prior written consent of the State Entity and the Commissioner, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's interest in the Real Property.or, if applicable, Facility, or the Counterp~rty's interest in the Use Contract, whether such.lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is.needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Estate and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest; redemption premiums, and other expenses on ariy Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. U. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. V. It will require the Contractor or Contractors to comply witla all rules, regulations, ordinances, aid laws bearing on its performance under the Construction Contract Documents. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the colrunissioner. 40 10 Section 2.06 Leasehold Ownership. This Section shall only apply if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility_Lease. For all other circumstances this Section is not needed and should be ignored and treated as if were left blank, and any reference to this Section ifz this Agreement shall be ig~zored and treated as if the reference did not exist. A. A Real Property/Facility Lease must comply with the following provisions. 1. It must be in form and contents acceptable to the State Entity and the Commissioner,~and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the State Entity and the Commissioner. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Estate and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity's operation of the keal Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor from creating or allowing, without the prior written consent of the State Entity and the Commissioner, any voluntary lien or encummbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies aild which is not being actively contested against the Leased Premises or the Lessor's interest in the Real Property/Facility Lease, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the teens, conditions and. covenants contained in the Real Property/Facility Lease as if such holder had been an original Lessor under the Real Property/Facility Lease. 41 11 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/ Facility Lease. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease, and that such use restrictions will terminate and not apply to any successor lessee who purchases the Public Entity's interest in the Real Property/Facility Lease. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Grant, and upon such expiration the Real Property and, if applicable, Facility shall no Longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner, constitute an Event of Default under this Agreement upon either the State Entity or tl.e Go2rrn2ss:oneT giving the Public Entit<,~ 30 days t,~lntten notice of such event and the Public Entity's failure to cure such event during such 30 day time period for fliose Events of Default that caii be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is malting reasonable progress in curing such Events of Default, however, in no event shall tl~e time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document funzished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Grant; shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. 42 12 C. If the Public Entity fails to fully calnply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation or the Commissioner's Order. D. If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date. E. If the Public Entity fails to provide and expend the full amount of the matching fiends, if any, required under Section 7.23 for the Project. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State entity and the Commissioner, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event. of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default does not involve a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner, as a third party beneficiary of this Agreement, may demand that flee Outstanding Balance of the Grant be retunled to it, and upon such demand the Public Entity shall return such amount to the Commissioner. C. If the Event of Default ilzvolves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Conunissioner, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the ~ommissianer. _ D. Either the State Entity or the Commissioner, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity a11d/or the Commissioner, then such amount may, unless precluded bylaw, be taken from or off-set against any aids or other monies that tl7e Public Entity is entitled to receive from the State of Minnesota. 43 13 Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only be terminated upon the Public Entity's sale of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner in compliance with the provisions contained in Section 4.02, or in accordance with the provisions contained in Section 2.11. Section 2.11 Termination/Modification of Grant. If the,Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the Grant shall terminate. In such event, (i) if none of the Grant has been disbursed by such dates then the State Entity's obligation to fiend any portion of the Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the grant that was actually disbursed as of such date. This provision shall not; in aizy way, affect the Public Entity's obligation to complete the Project by the Completion Date. Tlus Agreement shall also terminate and no longer be of any force or effect upon the Public Entity's sale of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity's ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or leave executed, and deliver to the Public Entity such documents as are required to release the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. 44 14 Article III USE CONTRACTS This Article III and its contents is only needed and o~aly applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article Ill and i,ts contents zs not needed and should be ignored and treated as if were left bla~zk, and any Yeference to this Article III, its contents, and the term Use Contract in this Agreement shall be ig~zored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the Govenuriental Program. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the Governmental Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight maybe accomplished by way of a provision that will require the Counterparty to provide to the Public Entity; (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the Governmental Program, (ii} program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program (from all sources) by the Counteiparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counteiparty, or in the event that the Governmental Program is terminated. or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract.. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the Governmental Program. 45 15 G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized bylaw to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in "private business use" under Section 141(b) of the Code. I. It must be approved, in writing, by the State Entity and the Commissioner, and any Use Contract that is not approved, in writing, by the State Entity and the Commissioner shall be null and void and of no force or effect. J. It must contain a provision. requiring that each and every party thereto shall, upon direction by the Commissioner, take such actions and funush such documents to the Commissioner as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract; whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent, in writing, to any such lien or encumbrance that . secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate t12e portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 aild will be included in and as part of the Public Entity's interest in the Real Property and, if applicable, Facility, and/or (ii) to pay far capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Miim. Stat. ~ 116L.66 that exists as of the date of this Agreement slid as such may subsequently be amended, modified or replaced from tune to time, for the teen of,the Use Contract. Section 3.02 Initial Tei-m and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Estate and, if applicable, Facility for the portion of the Real Estate and, if applicable, Facility that is the subject of the Use Contract, or (ii} the shortest tern of the Public Entity's ownership interest in the Real Property and, if applicable, Facility. 4s 16 A Use Contract may allow far renewals beyond its initial term on the conditions that (i) the term of any renewal may not exceed the initial teen, (ii) the Public Entity must make a determination that renewal will continue to carry out the Governmental Program and that the Counterparty is suited and able to perform the functions contained iri Use Contract that is to be renewed, (iii) the Use Contract inay not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (iv) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity's voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that. is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion ofthe Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract ifrequested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. If the Public Entity receives any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner shall be determined by the Commissioner, and absent circumstances which would indicate otherwise such portion shall be deternined by multiplying such excess monies by a fract}on the numerator of which is the Grant and the denominator of which is sum of the Grant and the Approved Debt. Ai°ticle IV SALE Section 4,01. Sale. The Public Entity shall not sell its interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that the Real Property and, if applicable, Facility is no longer usable of needed for the operation of the Goverrixnental Program, which such determination may be based on a determination that the Real Property or, if applicable,. Facility is no longer suitable or financially feasible for such purpose. 47 17 B. The sale is made as authorized bylaw. C. The sale is for Fair Market Value. D. The written consent of the Commissioner has been obtained. The acquisition of the Public Entity's interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's interest in or betterment of the Real Property and, if . applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the .lender operates the Real Property and, if applicable, Facility in a manner which is not inconsistent with- the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. -The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program. Section 4.02 Proceeds of Sale. Upon the sale of the Public Entity's interest in the Real Property and, if applicable; Facility the proceeds thereof after the deduction of all casts directly associated and incurred in conjunction with such sale, but not including the repayment of any debt associated with the Public Entity's interest in the Real Property and, if applicable, Facility, sha1T be d.sb~arsed ~n tl.e folio:=':ng inar'ner and order. A. The first distribution shall be to the Commissioner in an amount equal to the Outstanding Balance of the Grant, and if the amount of such net proceeds shall be less than the arriount of the Outstanding Balance of the Grant then all of such net proceeds shall be distributed to the Cormmissioner. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to pay in full any outstanding Approved Debt in the order of priority of such debt. C. The remaining portion, after the distributions specified in Sections 4.02A axed B, shall be distributed to (i) reimburse the Public Entity for its Ownership Value, and (ii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution, the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remauzing portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing. 48 18 D. The remaining portion, after the distributions specified in Sections 4.02.A, B and C, shall. be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, alzd Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner, and the Public Entity may direct its distribution to be made any other entity including, but not limited to, a Counterparty. • All amounts to be disbursed under this Section 4.021nust be consented to, in writing, by the Commissioner, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are Iess than the amount of the Outstanding Balance of the Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation alad the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's interest in tlae Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into gild hold all of the Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. 49 19 C, It will, upon written request, provide the Coirimissioner all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission. by the Public Entity or any counterparty that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either; (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141.(e} of the Code, (ii} changing the nature or terms of the Use Contract so that it complies with.Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net . proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141{b} and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bands, nor~otherwise omit, take,' or cause to be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to betaken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon . having knowledge thereof. Se::tlan 5,~3 Changes to (=.(le ('^TM:pllan^,~' T.egislatlQn ^~'" the ~^r::flniS~iL'ne3'?~ (11-~pr, Tn the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to ,this Agreement to implement herein such amendment to or exempt tl~e Public Entity's interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI DIS13U~2S1EMElelT OF GRAleTT PROCElEIDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Public Entity from time to time in air aggregate total ainouut not to exceed the amount of the Grant. If the amount of Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Grant to the amount actually disbursed. Provided, 50 20 however, in accordance with the provisions contained in Section 2.1 1, the State Entity's obligation to make Advances shall terminate as of the dates specified in such Section even if the entire Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Attachment III to this Agreement, (ii) accrued no earlier than the effective date of the GO Bonding Legislation, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matclung funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1 Cumulative Advances < (Grant) x (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Formula #2 Cumulative Advances < (Grant) x (percentage of Project completed) Section 6.02 Di•aw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the l sc day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be liYnited to amounts equal to; (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage., and less (iv) all prior Advances. Notwithstanding anything hereili to the contrary, na Advances for materials stared on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing; of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by t11e State Entity to substantiate all pa}nnents which are to be made out of the relevant Draw . Requisition or to substantiate all payments then made with respect to the Project. 51 21 At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity; (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with~respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal ar other governmental authorities having jurisdiction has been duly inspected and . approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably maybe anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Condition Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (incl_uding the initial Advance) shall be s„tject to ±t2e follo;~~ing conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the Grant delineated in Section 1.01. B. T'lle State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate govenui~ental office, with all of the recording information displayed thereon. C. The State Entity shall have received evidence, in faun and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. 52 22 E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. . F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by. law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in fore and substance acceptable to the State Entity, that the Project will be completed in a mamler that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the.Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § , T6B.335 that exists as of the date of this Agreement and as such may subsequently be 53 23 amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that; (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.1 O.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair of the Minnesota House of Representatives Capital Investment Committee has, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. T"he State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Constnzction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefore, other than amounts being contested in good faith. Such evidence maybe in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obliges thereunder, or such other evidence as maybe acceptable to the Public Entity and the State Entity. P. No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the -amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project; or if such a determination has been. made and notice thereof sent to the Public Entity under Section 6.03; then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q. The Public Entity has supplied to the State Entity. all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall detei•~nine to their own satisfaction that the work done or materials supplied by tlae Contractors to whom payment is to be made out of each Advance has been properly done ~or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if 54 24 any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof by self insuring under a program of self insurance legally adopted, maintained. and adequately funded by the Public Entity or by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity, and shall name the State Entity as lass payee thereunder. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either; (i) use or cause the insurance pr®ceeds to be used to~ fully or partially repair such damage and to provide or cause to be provided whatever additional funds that maybe needed to fully or partially repair such damage, or (ii) sell its interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's interest in the Real Property and Facility. If the Public Entity elects to sell its interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity aiI insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Corrunissioner, the. Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the. insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain. insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such 55 25 insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed bylaw or 18% per annum based upon a 365 day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity's decision to not obtain or maintain such insurance shall not lessen the Public Entity's duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can na longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either; {i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then. such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Sectian 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemmnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which maybe constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which maybe damaged or destroyed thereon and pay when due all claims far labor performed and materials famished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's interest in 56 26 the Real Property and, if applicable, Facility, is a leasehold interest, and (vi) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use agreement. The Public Entity shall not, without the written consent of the State Entity and the Camrnissioner, {a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except suciralterations as may be required bylaws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d} abandon the Real Property ar, if applicable; Facility, (e) commit or permit .any waste or deteriozation of the Real Property or, if applicable, Facility, (f) remove any fixtures ar personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced witli like property of at least equal value and utility; or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. if the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed bylaw or 18% per arulum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, alld the Commissioner's Order, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Mim7esota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that 57 ~ 27 relate to the Project for a period of 6 years from the date that tlae Project is fully completed and placed into operation, and (ii) all of such items thatrelate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and; if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement aiid as such may subsequently be amended, modified or replaced from time to time. - Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as ofthe date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 Subd. 2 & 176.182 that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Mim1. Stat. § 168.335 that exists as of the date of this Agreement and as such inay subsequently be amended, modified or replaced from time to time, for the Project, and i1i accordance therewith the Public Entity and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. 58 2 8 A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration far the State of Minnesota far review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Miruiesota for review and comment. C: If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest inland, then the Public Entity shall not prepare.final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair of the Minnesota House of Representatives Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted ar which differ from any previous predesign submittal. . D. The Public Entity must notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital hnvestment Committee and the Minnesota House of Representatives Ways and Means Committee of any significant changes to the program plan and cost estimates referred to in Section ~.10.C. E. The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced frorri time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.1 O.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost-effective information teclulology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest inland, then prior to beginning work on the Project 59 29 the Public Entity shall just notify the.Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be . performed is ready to begin. H. The Project must be; (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.0, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions alld requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall riot apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, rails, pathways, campgrounds, athletic fields, darns, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects far which the Corrunissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, ice arenas, local government projects with a construction cast of less than $1,500,000.00, or any other capital project with, a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. § § 177.41 through 177.435 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time wi~t1,-espect to the Pra ject anri t,.hP ar~P,-atia,z of tl~e t~ayPrnYnPntal Pa'a~ am an ar ~n tl~e Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging ar agreeing that the cited provisions apply to the Project or the operation of the GovemYnental Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized bylaw, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner is governed by the provisions contained in Mimi. Stat. § 3.736 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Mimiesota Statutes that exists as of the date of this Agreement and as such inay subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. 60 30 Section 7.13• Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys' fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner, or the State of Minnesota, or others (including lass of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or•breach of statutory duty) of the State Entity, the Commmissioner, or the State of Mimlesota, their employees, servants or agents. T`he Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any vialation by the Public Entity, its officers, employees, or agents; or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including Legal fees and disbursements paid or incurred to enforcE the pravisians contained in Section 7.06. The Public Entity's liability hereunder shall not be Limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of copartners or a faint venture between the Public Entity, the State Entity, or the Commissioner, nor shall the Pubiic Entity be considered or deemed to be an agent, representative, or employee of either flee State Entity, the Commmissioner, or the State of Minnesota in the performance of this Agreement, the Project, ar operation of the Real Property and, if applicable, Facility. • The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All persoruiel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with either the State Entity, the Coirunissioner, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said persomlel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the respoizsibility ofeither the State Entity, the Commissioner, or the State of Minnesota. Such personnel or other persons shall nat require nor be entitled to any 61 31 compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. . Section 7,15 Notices. In addition to any notice required under applicable law to be given in another manner; any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to wham it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Columbia Heights 637 38th Avenue, N.E. Columbia Heights, MN 55421 Attention: Lauren McClanahan To the State Entity at: Minnesota Department of Natural Resources- Division of Forestry 500 Lafayette Road St. Paul, MN 55155 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner at: Minnesota Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official. of the party against which such change or modification is.to be imposed. sz 32 Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded bylaw shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement,' in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Tune is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement maybe executed in airy number of counterparts, each of which when so executed and delivered shall bean original, but such counterparts shall together constitute one and the wine instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds far the Project: This is a 50/50 matchng grant program. The grant funds requested must be matched dollar for dollar with cash, labor, services or in-kind donations. The cash snatch must snake up at least 25% of the total project costs. Any matching funds which are intended to meet the above requirements must either be in the fore of (i) cash monies, (ii) legally binding coinmitinents for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner whatever documentation the Commissioner may 63 33 request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner that Attachment III to this Agreement is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down amongst the following categories: (i) State funds including the Grant, identifying the source and. amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the teens and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner. if any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Cornamissioner a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner may request to support or explain any of the information contained in Attachment III to this Agreement. The value of the Public Entity's ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III to'this Agreement if such ownership interest is 64 34 being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner that Attachment IV to this Agreement correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Taslcs. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner shall not (i} perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's interest in the Real Property. Section 7.30 Additional Requirements. The Public Entity and file State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements aiid any other provisions or requirement contained in this Agreement, the following additional requirements contained in this.Section shall control: None [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] s5 35 IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement for the Local Grants for Tree Removal and Replanting Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Columbia Heights 637 38th Avenue, N.E. Columbia Heights,, MN 55421 By: Gary Peterson Its: Mayor Dated: , And: By: Walt Fehst Its: City Manager Dated: , STATE ENTITY: Minnesota Deparhnent of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 By: Robert Tomlinson Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: Ac tinting Officer Senior ` Dated: ~~ ~ ~~ CFMS Contract #536706 66 36 CITY COUNCIL LETTER Meeting of: 12/14/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS Q ~ %` ITEM: RESOLUTION ADOPTING 2009-2010 SNOW BY: K. Hansen BY: ~ "' AND ICE CONTROL POLICY DATE: 12/3/09 DATE: ~ Background: The Snow and Ice Control Policy was reviewed by city staff and minor changes have been made this year. Those changes include minor equipment changes and operational clarification. Based upon an October 8`h, 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a snow and ice control policy that is reviewed by the City Council and approved by resolution. Since 1999 our policy has been reviewed with the Council annually with a resolution approving the City's Snow and Ice Control Policy. Analysis /Conclusions: The plan has been updated for the 2009-2010 year with minor revisions to clarify operational procedures: • Miscellaneous snow removal from designated sidewalks was modified to include the addition of the new Public Safety building and properties acquired by Community Development. • Columbia Heights will be responsible for plowing/ice control maintenance on 37`h Avenue, Central Avenue to Main Street for 2009-2010. Public Works recommends passage of the Resolution adopting the 2009-2010 Snow and. Ice Control Policy. Recommended Motion: Move to waive the reading of Resolution No. 2009-194, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2009-194, adopting the 2009-2010 Snow and Ice Control Policy far the City of Columbia Heights. KH:sms Attachment: Resolution 2009-2010 Snow & Ice Control Policy COUNCIL ACTION: 67 RESOLUTION N0.2009-194 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 14t" day of December 2009. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT NOW ICE CONTROL POLICY .`._._ . ~~ . ~~~ A ~~ I~, J~ ..,.-- _ ,. -~ ~~ ~~ J +~ 2009/2010 69 SNOWPLOWING AND ICE CONTROL POLICY 1. Introduction: The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City strives to provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use city employees, equipment and /or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions. 1. When will city start snow and ice control operations? The Director of Public Works or assigned representative will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of three (3) inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; D. Time of snowfall in relationship to heavy use of streets; E. Weather forecast, temperature, type of snow, duration and intensity of storm The Police Department assists Public Works Maintenance in monitoring street conditions and notifies Public Works Maintenance personnel of snow and ice conditions needing immediate attention. Maintenance personnel are notitred in accordance with the Public Works Department policy for emergency calls. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently city wide snowplowing operations will not generally be conducted for snowfall accumulations of less than three (3) inches. Plowing during the parking ban has proven to be the most efficient. 2. How snow will be plowed? Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from centerline to curb on two-way streets. On one-way streets or where there is a center boulevard, snow may be pushed in either direction. Discharge shall go onto the boulevard area. Generally, operations shall continue until all roads are passable. There may be instances when this is not possible depending on storm conditions and other circumstances. ~o 3. Priorities and schedule of streets plowing and snow removal. The city has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Some priorities are performed simultaneously depending on conditions and existing situations. Priority #1 -Main thoroughfares, low volume residential and commercial streets, Public Safety building parking lots and accesses, alleys, cul-de-sacs, dead ends, pump and lift station accesses. Priority #2 -Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. Priority #3 - (Business District, parking lots, widening streets, etc.) Snow removal as needed. Priority #4 -Central Avenue (streetscape district only - 37`h to 43`d Avenues). Snow removal around bus benches as needed Priority #5 -Park pathways, skating rinks and hockey rinks Priority #6 -Industrial and school hydrants -snow removal as needed Priority #7 -Residential hydrants -snow removal as needed -Assist Adopt-a- Hydrant Program. Priority #8 - Murzyn Hall, City Hall, Library. Check for ice dams and plugged drains. Remove ice dams and open drains as needed. During significant and severe storms, the city must be prepared to move personnel an equipment to maintain priority routes first. In fulfilling the need to have all priority Streets safe and passable, when resources are lzm.ted, plowing of all other streets may be stopped at any time so resources can be shifted to priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 4. Snow Removal The Director of Public Works or assigned representative will determine if and when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard. for snow storage and in areas where 71 accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 5. Work schedule for snowplow operators. Snow plow operators will be expected to work eight-hour shifts. In severe snow emergencies, operators sometimes have to work in excess of eight -hour shifts. Safety of the plow operators and the public is important. Therefore, if additional qualified snow plow operators are not available snow plowing/removal operations may be terminated after 12 hours to allow personnel adequate time for rest. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. 6. Traffic Regulations The city recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 1.69 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operator engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 7. Wea±her Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of the snowplow operators and equipment. Factors that may delay snow and ice control operations include but are not limited to: severe cold, significant winds, and limited visibility. S. Use of Sand, Salt, and other Chemicals The city will use sand, salt, and other chemicals when there area hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 72 9. Sidewalks The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached. It is the responsibility of the resident and/or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. This includes any snow plowed from public streets onto the sidewalk. 10. Mailboxes Coming into contact with a mailbox is a common obstacle snowplow operators face during storm activities. The city will conduct a review of each mailbox incident to determine whether the city will replace or provide reimbursement for the mailbox. Only mailboxes actually hit by a snowplow will be the responsibility of the city. The city will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact the mailbox. At the mailbox owner's request, the city will replace the mailbox with a standard size, non-decorative metal mailbox and replace the support post as necessary with a 4"x 4", decay resistant wood support post, both installed by the city. Alternatively, the city will reimburse the mailbox owner $75.00 far the replacement of the mailbox and post by others. 11. Landscape The city will not repair,!replace sod damaged due to the application of sand, salt or other deicing chemicals. The city will repair sod da!naged by snow plow during snow removal operations with black dirt and grass seed. Property owners who install decorative materials in the right-of--way do so at their own risk. Damage within the public right-of-ways is the responsibility of the property owner, including but not limited to: trees, shrubs, bushes, landscape mater!als, decorat!ve rock, reta!ning walls, fences and !rr!gat!on systems. 12. Deviation From Policy The Director of Public works or appointed representative may deviate fro!n this policy when in his or her judgment it is in the best interest of the city or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more the 4 hours) will be documented as to what caused such actions, why the change was necessary, and for how long the change is to be in effect. Those city employees and/or contractors affected will be notified i!nmediately by radio or cell phone of such changes with all communications logged. Information logged will include the time and date of the communication, name of the employee contacted, and how they were contacted. Any changes of priorities lasting more that 24 hours should be made in a written record anal. the public should be informed of such changes through normal methods used by the city for emergency notifications. 73 13. Complaint Procedures Complaints will be recorded on telephone logs. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled. in an expeditious manner as resources are available. 14. Review and Modification of Policy The Director of Public Works or appointed representative shall keep on file all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 74 PLOWING EMERGENCY - PERSOJ\fNEL & EQUIPMENT A, Assignments by department l . The Street Department shall remove snow according to the following priorities: a. Assign personnel as necessary for street plowing and ice control operations. b. Remove snow from main thoroughfares and apply salt and/or sand. c. Remove snow from residential streets and alleys and apply salt and/or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. 2. The Sewer and Water Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Plow entrances and areas around the water tower, pump houses, and lift stations. c. Clean sidewalks and entrances at the Library before it opens and., if necessary, in the afternoon. Personnel shall assist others who are hand shoveling other areas. d. Personnel shall assist the Fire Department in digging out hydrants as needed. Certain hydrants have been designated as critical and will witnessed by reflective hydrant markers. The Park Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Clear snow and deice all City Hall, Public Safety building and JPM sidewalks and. entrances. Public Safety building: For snow conditions of three (3) inches or more the Fire Department shall initially clear all doorways, stairs, and open the walks around the Public Safety Building. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished; Public Works shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewalks and entrances on weekends, holidays and evenings. 75 c. Remove snow from municipal sidewalks • Public Safety Building • City Hall and upper JPM parking lot • Recreation and JPM -Mill Street sidewalk • Library - 40`n Avenue sidewalk and Jackson Street sidewalk • 900 40tH Avenue (Van Buren Street -parking lot) and perimeter sidewalk • 3982 Central Avenue -sidewalk on south side, Central Avenue to parking lot • Jefferson Street Divide sidewalk (46tH Avenue and Jefferson Street) • Liquor Store Tap Valu #1 - 4950 Central Avenue -Central Avenue sidewalk adjacent to street. • Liquor Store # Top Valu #2 - 2105 37`n Avenue -Sidewalks on 37`n Avenue & Hart Blvd. adjacent to street d. Remove snow from miscellaneous designated sidewalks West side • 49tH Avenue, University Avenue to Monroe Street • Stn Street, 47`n - 48tH Avenue, east side sidewalk • 42°d and University (walk bridge) west side • 40tH Avenue, University Avenue bus stop, 3`d Street to University Avenue • 828 40tH Avenue (community development property) • 40tH Avenue, Central Avenue to Hayes Street • 3942 Van Buren Street (storm water overflow area) • 3982 Van Buren Street (community development property} • Central Avenue 402 and 4024 (between buildings) • 4011 Stn Street (community development property) • JaCkSOii StrCCt, 4152 AJeni,Tie tCi 42°d Avenue (east StdC) • 42°d Avenue -Jackson Street to Van Buren Street (south side) • 4108 7tH Street (community development property) • 4147 7t" Street (community development property) • 4235 Washington Street (community development property) • 4110 6t" Street (community development property) East Side • 37tH Avenue, north side, Reservoir Blvd. to first alley east • 44"' Avenue (Tyler Street to Reservoir Blvd.) • 961 Gould Ave. (community development property) • 3939 Central Avenue (community development property) 76 e. Remove snow from Park sidewalks • Huset east and west, Jefferson Street • Jackson Pond, south end sidewalk • Edgemoor Park, 2°d Street sidewalk • Ostrander Park, Tyler Street sidewalk and front entrance sidewalk • Wargo Park, exterior sidewalk • Gateway Park, exterior and interior sidewalk f. Remove snow from Park pathways • University Avenue Bike path - 40th to 45th Avenue • McKenna Park pathway • Sullivan Lake Park pathway • Curt Ramsdell Park pathway + Silver Lake Beach • LaBelle Park pathway • Prestemon Park pathway • Huset West pathway g. Remove snow from skating areas and park parking lots. h. Roof Maintenance JPM, City Hall, Library • Remove ice dams and unplug roof drains 4. The Sign Department personnel shall hand shovel the pedestrian bridges and spread deicer. • Furnish personnel as necessary for street plowing operations • 42°d and University Avenue (walk bridge} • 41t" and Central Avenue (walk bridge) /. Tlie Engineering Department TechS Snail remove Sno`vv and de-ice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow frofn the pedestrian bridges. Drivable Equipment Used in Snow EmerEencies: Heavy Equipment #9 Case front-end loader with front plow (two stage snow blower -used for snow removal} #l4 Caterpillar front-end loader with front plow and wing plow #104 JCB backhoe loader with front plow #128 Caterpillar backhoe loader with front plow Dump Trucks #001 14,000 G.V,W. Ford dump truck with front plow and sander 9 77 #45 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (Alleys) #68 33,000 GVW Sterling dump truck with reversible front plow, underbody plow, wing plow and sander (SE Quadrant) #69 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (backup truck -breakdowns or heavy snow events) #80 35,000 G.V.W Freight liner dump truck with reversible front plow, underbody plow, wing plow and sander. (SW Quadrant) #82 35,000 G.V.W Freight liner dump truck with reversible front plow, underbody plow, wing plow and sander. (NE Quadrant) #99 33,000 G.V.W. Ford dump truck with reversible front plow, underbody plow, wing plow and sander (NW Quadrant). #195 14,000 G.V.W. Ford dump truck with front plow #250 14,000 G.V.W. Ford dump truck with front plow Pickups # 12 4 x 4 3/4 ton Chev pickup with plow # 117 4 x 4 1 ton Ford pickup with plow #137 4 x 4 1 ton Ford pickup with plow #221 4 x 4 3/4 ton Ford pickup - (designated for Police use until streets are passable) #234 4 x 4 1 ton Ford pickup with plow (designated for Park use) Misc. Equipment #232 Toro Groundsmaster 4 x 4 (with broom attachment) #280 Caterpillar 247 Skid Steer (with snow bucket attachment) #296 MT Trackless (with snow blower, plow and broom} Street Plowins Routes Attached are maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, park.rg lots and sno~A, removal areas. 1. Main thoroughfares -Dump trucks assigned to quadrants 2. Quadrants SW, NW, SE, NE -dump trucks 3. Thru-alleys - #45 dump truck with V plow 4. Dead-end alleys and cul-de-sacs -Pickups and 1 ton dump trucks 5. Parking lots -Case front end loader (#9) and Backhoe Caterpillar (#128) 6. MSC, SACA, Library, load sand trucks Backhoe JCB (#104) 7. #14 - 37`" Avenue to 40`'' Avenue from University to Central -Central Avenue from 37`" Avenue to 43`d Avenue (bump outs and pork chops). 37t" Avenue to 45`" Avenue from Main Street to University Avenue. io 7s Main Thoroughfares: Quadrants Four dump truck plows -each operator is assigned to a specific quadrant. SW Quadrant. This area is from 37th Avenue to 45th Avenue (University Avenue to Central Avenue). Plow main thoroughfares first. 40`" Avenue, 44r" Avenue, and. 45`" Avenue (University Avenue, 45t" to 42°d) and Jefferson Street. (40t" Avenue to 45t" Avenue) Note: We share the responsibility of plowing 37t" Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (I) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1st to October 1st. For 2009-2010 Columbia Heights maintains Main Street to Central Avenue. 1yW Quadrant This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has five main arterials to be plowed first, that being Jefferson Street; University Avenue Service Road; 49`" Avenue, S I st Avenue and 53rd Avenue (Fridley plows 53rd Avenue, Columbia Heights does ice control). The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed Last. When the operator has finished plowing their own area, they wilt combine to finish whatever area is not completed. Alternate starting points may be used each time. SE Quadrant. This area includes 37th Avenue to 44th Avenue between Central Avenue and Stinson Blvd. This quadrant has seven main arterials to be plowed first which include Reservoir Boulevard, 39t" Avenue, 40`" Avenue, Arthur Street, Hart Boulevard, Stinson Boulevard, 37t" Place, and Benjamin Street (43rd Avenue to 45'""" Avenue). After the main arterial have been completed, plowing starts at Tyler Street from 37`" Avenue N and then works avenues from 37t" to 44t", then streets easterly to Stinson Boulevard. ~h~hen this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Note: We share the responsibility of plowing 37tH Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October l st to October 1st. For 2009-2010 Columbia Heights maintains Main Street to Central Avenue. 1yE Quadrant: This area includes 44th to 51st Avenue from Central to Stinson, This quadrant has main arterials to be plowed first which include 44`'' Avenue, Central Avenue to Reservoir Boulevard; 45t" Avenue, Central Avenue to li 79 44tH Avenue; 47t" Avenue, Central Avenue to Fillmore; Fillmore, 45`" to 49`n Avenue; 49`" Avenue, Central Avenue to Fairway Drive; Fairway Drive, West Upland Crest to Stinson Boulevard; Stinson Boulevard, Silver Lake Beach to Argonne Drive; Arthur Street, 44t" Avenue to 45tH Avenue; 45tH Avenue, Chatham Road to Stinson Boulevard; Chatham Road, 45tH Avenue to 49tH Avenue; Reservoir Boulevard, 44t" Avenue to Fillmore Street. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition, Innsbruck Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Thru-Alleys The alley "V'° plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th Avenue and works its way east. Alternate starting points may be used each time. Equipment problems and weather conditions may require the use of 4-wheel drive vehicles to clear alleys. Dead-end alleys and cul-de-sacs The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get at places. When. operators have completed. their own designated areas, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V'° plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parkan~ lots Plow route for #9 front-end loader: 1. Administration Building (590 40tH Avenue), (559 Mill Street) & (555 Mill Street) lots. Note: Remove snow from 40t" Avenue curb line from alley east to 1V1i11 Street. Note: 555 Mill Street parking lot can be used for temporary snow storage. Note: Plow Mill Street from 40tH Avenue to St" Street. 2. JPM (530 Mill Street) upper and lower lots. 3. Van Buren lot south of 40t" Avenue (900 40t" Avenue). 12 80 Parking Lots Plow route for # 12 - 4-wheel drive pickup 1. Public Safety Building (825 41S` Ave.) 2. Madison Street - 37"' Avenue to dead-end 3. SACA (627 38t" Avenue) 4. Library (820 40`" Avenue} Note: Remove snow from 40t" Avenue curb line Heights Liquor Store (5225 University Avenue) -Liquor Store #3 Dental Office - 5215 University Avenue Liquor Store Top Valu #1 - 4950 Central Avenue Liquor Store Top Valu #2 - 2105 37`" Avenue Municipal Service center yard (637 38t" Avenue) and parking areas. ICE CONTROL When there is any accumulation of snow or ice, it normally is necessary to salt and/or sand streets. This function begins when reports from the police indicate that slippery conditions exist. On weekends and evenings the Police or County Central Dispatcher calls the duty person. The duty person organizes the ice control operation based. on the Superintendent's standing instructions. Main thoroughfares, emergency routes, controlled intersections, and hills are given priority. Police reports of slippery conditions are also considered. Application is limited on low volume streets and cul-de-sacs. Salt sand will be furnished for residents in the designated area outside the Recycling Center (3801 Madison Street}. SNOW REMOVAL Certain actions and areas were designated by the City Council on January 11, 1982, and amended. from time to time, far services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and ice control that the City may perform depending upon the amount of snow accumulation. When accumulated piles of snow in the business areas, around schools, churches and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1 } l Inset Park East Quincy parking lot, (Note: restricted to daytime use) and 2) Huset Park East Jefferson lot. 13 81 Snow Removal at Library A. Parking Lot: The Library parking lot will be cleared in accordance with the priorities established in this policy. The lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks: During the workweek, two members of the Sewer & Water Department will remove snow and ice from the sidewalks, stairwells and entrances to the Library before the Library opens and, if necessary, in the afternoon. The Weekend Duty Person will be responsible for clearing snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions warrant, may call out the weekend duty person far assistance. Nate: Weekend Duty Person is not responsible for clearing snow and ice from stairwells. 14 82 PLOWING/ICE CONTROL INFORIViATION I. 3'" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING • APPLY ICE CONTROL IN CONJUNCTION WITH PLOWING OPERATIONS 2. SNOW DEPTH 1" TO 3" -PLOW DRIVING LANES AND APPLY ICE CONTROL 3. FIRST PRIORITY -ARTERIALS AND RESIDENTIAL AREAS 4. ALLEY PLOWING: • THRU-ALLEYS PLOWED WITH "V" PLOW • DEAD END ALLEYS PLOWED WITH PICK-UPS 5 . POLICE REQUEST FOR ICE CONTROL/SPECIFIC AREAS AND ARTERIALS • 1 OR 2 ICE CONTROL TRUCKS DEPENDING UPON EXISTING CONDITIONS 6. POLICE REQUEST FOR ICE CONTROL/CITY WIDE • 4 ICE CONTROL TRUCKS - STREETS ONLY (ARTERIALS FIRST FOLLOWED BY RESIDENTIAL) • ICE CONTROL OPERATIONS IN ALLEYS WILL BE CONDUCTED DURING NORMAL WORK HOURS 7. 53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS -ICE CONTROL 8. STINSON BLVD. FROM 37TH TO 40TH: ST ANTHONY PLOWS -COLUMBIA HEIGHTS ICE CONTROL 9. 37TH AVENUE MAINTENANCE: • MAIN STREET TO CENTRAL AVENUE (2009-2010) COLUMBIA. HEIGHTS • CENTRAL AVENUE TO STINSON BOULEVARD (2009-2010) MINNEAPOLIS (SEGMENTS ALTERNATE EACH YEAR) 15 83 SAND BARRELS WEST SIDE: • 2 at 637 38th Avenue at Recycling Center • 1 at alley behind 3932 Central Avenue • 1 at 4059 Monroe Street at alley on 41St + 1 at 4707 Jefferson driveway north side • 1 at 46-1 /2 east of Jefferson EAST SIDE: • Alley behind 3813-15 Pierce Street (by hydrant) 45th At Stinson Boulevard (beach road top of hill) 16 84 CITY COUNCIL LETTER Meeting of December 14, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Adopt Resolution 2009-193 authorizing the BY: Scott Nadeau ~ BY: ~ execution of agreement and participation in MN Dept of DATE November 30, 2049 DATES ` ~ r'~ Public Safety's grant programs. NO. BACKGROUND The Minnesota Department of Public Safety is requiring a resolution authorizing the execution of participation agreements from every law eizforcement agency that participates in any Minnesota State Patrol grant program including Safe and Sober and Night Cap. These grants allow the departments involved to place additional offzcers on their streets in order to detect, deter, and cite for moving violations. Since the Columbia Heights Police Department partners with other Anoka County agencies to participate in these programs, with the Coon Rapids Police Department acting as fiscal agent, we are submitting a resolution to satisfy this requirement, The resolution covexs the period of Clctober 1, 20fl9 through September 30, 2012. ANALYSIS/CONCLUSION A resolution is required in order to authorize the execution of grant agreements and participation in Minnesota State Patrol grant programs. This resolution will also authorize the Coon Rapids Police Department to be the fiscal agent and administer the grant. RECOMMENDED MO'T'IONS Move to waive the reading of Resohgtion 2009-193, there being ample copies available for the public. Move to adapt Resolution 2009-193 authorizing the execution of agreement and participation in the Minnesota Department of Public Safety's grant programs. kao CouNC~l/ AcT~oN: 85 RESOLUTION N0.2009-193 RESOLUTION AUTIIORI~ING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Columbia Heights Police Department is authorized to enter into grant agreements with the Mirmesota Department of Public Safety for proj ects entitled Minnesota State Patral Grant Programs during the period October 1, 2009 through September 30, 2012; and WHEREAS, that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer these grants on behalf of the Columbia Heights Police Department. NOW, THEREFORE I3E IT RESOLVED that the Chief of Police is hereby authorized to execute such agreements and amendments as are necessary to implement these projects on behalf of the Columbia Heights Police Department. Passed this _ day of 2009. Offered by: Seconded by: Roll Gali: Mayor Gary L. Peterson Attest: Patricia Musca~itz, CMC City Clerk 86 CITY COUNCIL LETTER Meeting of December 14, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER POLICE APPROVAL: ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau into Contxaet for Police Service with City of Hilltop NO. DATE: November 23, 2009 BACKGR®UND During the past several months, the Palice Department has been involved in discussions with the City of Hilltop reference continuation of the current contract for Palice service from the City of Columbia Heights. The proposed contract is for three years - 2010 through 2012, and includes a four percent increase per year. With the exception of this increase, there were no other changes to the contract. As in the past, the payments will be made on atwice-yearly basis, in January and July. The Hilltop City Council has reviewed and approved the contract at a recent meeting. ANALYSISJCONCLUSION It is the recommendation of the City Manger, Fire Chief, and the Police Chief that we extend the Police and Fire Services Contract with the City ofHilltop through December 3 1, 2012, at the rates specified in the attached service contracts. RECOMMENDED MCJTION Move to authorize the Mayor and the City Manager to enter iota a Palice Service Contract with the City of Hilltop starting January 1, 2010 and extending tha-ough December 31, 201 Z at the rates specified in the 4ardtra4t. kao C®UNCIL ACTION: s~ J~OIIi'T AGREElWIENT ANTI CONTRACT BET~dEEN THE CITY OF' COLUMDIA HEIGHTS AND TTrIE CITY OF HILLTOP FOR POLICE SERVICES This agreement made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop;" WITNESSETH; WHEREAS, Columbia Heights presently has a Police Department; and, WHEREAS, Hilltop 12as diseotztinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furrash to Hilltop police protection to the same extent as is afforded to Galumbia Heights by the Police Department of Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for police protection in Hilltop, SECTIC3N III Tlat Col:uzr~bia rieigliis police officers shall iravestiga'~e cringes, rriake arrests, charge criminal activity and issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time, and upon termination of this Agreement, shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTI®N IV "1'k~at Hilltop shall, at the time of the authorization for the execution of this Agreement, adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. 88 SECTIt3N Vi That as and far compensation, Hilltop shall pay to Columbia Heights far police patrol the fallowing amounts covering the periods corresponding thereto as described below, to-wit: January 1, 2010, through December 31, 2010 $196,716.00 3anuary 1, 2011, through December 31, 2011 $204,584.00 January 1, 2012, through December 31, 2012 $212,767.00 SIECTI®N VII That the contract is for a term of three years beginning January 1, 2010, and ending December 31, 2012. Either party may terminate this Agreement effective the anniversary date of January 1 only upon material breach by the other party of the terms of this agreement and only upon five months' written notice to the other party, except as follows; That Columbia Heights may terminate this Agreement upon forty-five {45} days written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30} calendar days after July 31 and after December 31, respectively. Payments made thirty (30} days after July 31 and December 31, respectively, but prior to the forty-five (45} days' notice of cancellation, shall void the cancellation. Should substantial and material charges in ccr~ditiar~s occur vdhich are beyond the control of either the City of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights or Hilltop upon five (5} months' written notice by either city. SECTICDN VIII That Hilltop shall pay the contract compensation as follows; January 1, 2010 July 1, 2010 January 1, 2011 July 1, 2411 3anuary 1, 2012 July i, 2012 $ 98,358.00 $ 98,358.00 $102,292.00 $102,292.00 $106,383.54 $106,383.50 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTIUN IX That Hilltop shall pay the costs of court appearances of any police officers that are made as a part of their police duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five {45} days of delivery of the invoice, the amount due shall be subject to $% interest until paid. 2 89 SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required bylaw. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault clauns (PIl'}, health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMC1T to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30} days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear rya responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agraernent, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its hest efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights ar if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon ~(-~9-} sixty (60) days' written notice to Hilltop. SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this .Agreement by arbitration. and without the time and expense associated with court proceedings, 3 90 pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572, et sea., and in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Date day of Approved as to form: By. Jim Hoeft, City Attorney Far Columbia Heights 2009. CITY d~F' C~1LiT1VII3IA I~EI~~ITS A Municipal Corporation By Gary Peterson, Mayor and Walter Fehst, City Manager Approved as to form: e By C J New ui t, City Attorney for Hilltop CI'T`Y CF HILIITOI' A Municipal Corporation BY /~, Jerry urphy, Mayo and ~,~C..~ ~~'`~' Ruth Nelsen, City Clerk 4 91 CITY COUNCIL LETTER Meeting of December 14, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV L• , ITEM: School Liaisan Officer Contract - NE Metro BY: Scott Nadea BY: NO. School District 9I6 {ALC} DATE December 8, 009 DATE: BACKGROUND: Several months ago, I was approached by Jonas Beugen, the Director of the Metro Heights Academy at 3989 Central Avenue NE. This school is operated by Northeast Metro School District 91.6, and is commonly referred to as the ALC. Mr. Beugen was requesting that the Police Department consider assigning a Schoal Liaison Officer at their location, and offered to assist in funding that officer. After negotiating with Mr. Beugen on this topic, we have come up with amulti-year agreement that would provide a Liaisan Officer in exchange for a payment of $82,000 for 2010, $86,100 in 2011, $90,405 in 2012 and $94,925 in 2013. This takes into consideration a 5% increase for each year after 2010. The School Board of the Northeast Metro School District 916 approved this contract at its meeting of December 1. As the City Council is aware, the School Liaison program has been very successful at the high school and, mare recently, at the middle Schoal in District 13. Mr. Beugen feels this program will be beneficial at the Metro Heights Academy as well. ANALYSIS/CONCLUSION: The Police Department is requesting that the City Council approve the 3oint Powers Agreement with District 9I6 to institute a School Liaison Officer program at their location. If approved, their funding of this officer would enable the Police Department to add an additional officer to its roster, thus increasing our ability to work proactively on items relating to youth in the community, with almost all of the cast l~.?e.tiig pazd for by District 916. IiECOMMENDEIa MOTION: Move to authorize the Mayor and Police Chief to enter into a contract with Northeast Metro School District 916 for a School Liaison Officer far the Metro Heights Academy (commonly referred to as the ALC) at 3989 Central Avenue NE from. January 1, 2010 through June 30, 2fli 3. COUNCIL ACTION: 92 ~'~`' _ NORTHEAST METRO "` District 8ffic® Ixntermediate School District 2540 County Road F East White Bear Lake, MN 551 i0 Phone 651 415 5500 Eax 6S1 415 5510 www.nemetro.k E 2.m n.us December 3, 2(309 Scott Nadeau, Chiefi of Police City of Columbia Heights Police Department 825-41st Ave N.E. Columbia Heights, MN 55421 Dear Chief Nadeau: Enclosed are two copies of the Joint Powers Agreement for a Police School Liaison Qfificer between Columbia Heights and Northeast Metro 916 Intermediate School District that was approved by our School Board on December 1, 2009. After the Clty of Columbia Heights approves tide Agreerr'fent, please sign bath copses and return one copy to our office. Thanks! Sincerely, Linda J. ~ahradka Executive Assistant Enclosure 93 restructuring is taking place based on the current daily rate of pay, rather than the daily rate of pay that would be paid at time of retirement. It should be noted, however, that not all of the leave categories can be fully eliminated in a "pay as you go" system because of the need to reserve sick days to cover the elimination period if the Superintendent would need to access long term disability insurance. The Superintendent has been cooperative in assisting the Board to accomplish this fiscal goal. In keeping with the freeze agreed to earlier, this restructuring does not include a percent increase above the current contract obligations. The Executive Committee recommends that the School Board ratify and approve the revised 2009-2012 contract with Superintendent Connie Hayes, consistent with the recommendations of the School Board Personnel Committee and terms and conditions as negotiated. Mohan by.~ Seconded by: Vote: ~~,;~~~~~} t;'~--v~ 8.04 Approval of Joint Powers Agreement €or P°a[ice School (Wiley} Liaison Officer It is common practice far high schools to contract for school liaison officers for the purpose of ensuring a safe school environment. A working partnership has been developed between Metro Heights Academy and the Columbia Heights Police Depar#ment. Having a school liaison officer will strengthen this partnership and contribute to school efforts to maintain a safe and orderly learning environment. The Superintendent reco~s4~i eff ids that the Schaal Board approve ark agreement between Northeast Metro 916 and the Columbia Heights Police Department for the period of January 1, 2010 through June 30, 2013, for the purpose of providing a school liaison officer for the Metro Heights Academy site, Mafiorr by: Seconded by: Vale: 9.0 BOARD FORUM 1 UA ADJOURNMENT 94 Schoak Soard Meeting -December 1, 2009 Joint Powers Agreement between Columbia 1Hfeights and 1oTortheast Metropolitan Interanediate School District 916 For a Police School Liaison Officer This Joint Powers Agreement dated this r1_ day of ,,, December, 2009 is made pursuant to M.S. 471.59 by and between the City of Columbia Heights (City} and 1V®rtheast lllet~ap~litarx .ifrztertnediate ,~clxaacrl l2istt°ict 916 (7~Iortheast 1l~etro 1istrict 9X 6}. WheYeas, Northeast Metro 916 wishes to have a full time Police School Liaison Officer at Metro Heights Academy beginning on January 1, 2010 through June 30, 2013 and is willing and able to fund the salary and fringe benefits for the police school liaison officer during that time period; Now, Therefore, In consideration of the mutual undertakings set forth herein, the City and Northeast Metro 916 agree as follows: 1. Purpose: The purpose of this agreement is to create, fund, and implement the position of Police ,School Liaisarx Officer. 2. duties axzd .dlesp~rasibilities: The job description for the School Liaison Officer is attached. 3. S`electiorx Praeess: From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of an equal number of Northeast Metro 9i6 personnel and appointed Police Depaxai~ent personnel. Oral i~lterviews are to be administered by the same selection board with a recommendation far the School Liaison Officer made to the Chief of Police. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police, although the Chief of Police shall defer to the recommendation of the selection board, whenever possible. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. If the officer appointed to serve as the School Liaison Officer is changed by the Chief of Policy, Northeast Metro 9I6 shall have input into the selection of a replacement officer. 4. Furtdirxg: Northeast Metro 916 will reimburse the City for the police school liaison officer's salary, fringe benefits and expenses as per tl~e attached Cost Factor Breakdown. 5. .d3illing: Payment shall be made twice during the year: one-half in January and one- half at the end of the school year, upon receipt of a written request for payment from the City. 6. Term: This agreement shall commence on January 1, 2010 and shall end on June 30, 2013. 95 School ~.iaison .Program Joint ~'owers Agreement 7. General Provisions: The Police School Liaison Officer is a city employee and shall not be considered an employee of Northeast Metro 916 for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with Northeast Metro 916 officials. The officer will have office space and phone at Northeast Metro 916's high school without cost to the City. 8. ?'ermirxatiora of Agreement: Ninety day written notice by either Northeast Metro 916 or City is required to terminate the program. The Liaison Officer can. be removed at any time following the written notif cation of termination of the program. 9. Notice: Notice to the City shall be given to the Chief of Police, Columbia Heights Police Department, 82S 41S` Avenue NE, Columbia Heights, MN SS421. Notice to Northeast Metro 916 shall be given to the Director of Administrative Services, Northeast Metro 916, Intermediate School District, 2540 East County Road F, White Bear Lake, MN SS 110. 10. Terrrporary dteassigrarnent: Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days.. 11. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by Northeast Metro 9 i 6 and the Chief of Police. Ira witness whereof, the parties have executed tleis agreement the day arad year first written above. City of Columbia Heights Gary L. Peterson Mayor Scott Nadeau Chief of Police 96 Itrortlzeast 14~etro 91 b School District Ralf Pa~ons School Board Chair C~~b L Connie Hayes Superintendent COST FACTQI2 BREAKt.~~WN IEIIG~I SCH®®L L1AIS~DN OFI'ICl/12 P)EZ2..~GR~1 Base Wage - ~igk S'claool Liaasorx Off ceY: Patrol Top Wage Liaison Officer Preiniuin Longevity (4 year rate} Holiday pay Deferred Compensation Overtime Allocation Total Base Wage $5,593.00/month $ 152.00/mon.th $ 93.92/month $67,116,00/year $ 1,824.OOlyear $ 1,127.00/year $ 3,582.00/year $ 325.00/year $ 3,510A0/year $7'7,484.00/year Compensation arzd T`ringe: F'.I.C.A. (1.45%} Workers Comp {3.75%) P.E.R.A. (14.10%} Hospitalization {$745/month} Total .Fringe Betaefit Costs x--- ~. .n,..,.... t'~liJCeaea~ieviiS c.vscs. Training allowance Vehicle related expense Total lifiscellafaeous Costs Total Yearly Costs: AGREED UPON PAYMENT BY Northeast Metro 916 Plus 5% ($4100) wage adjustment far 2°~ year Plus 5% ($4305) wage adjustment for 3rd year Plus 5% ($4520.25} wage adjustment for 4`t' year Twice yearly payments: 'lz in January and '/2 at the end of school year Each payment will be: $ 1,124.00/year $ 2,905.00/year $ 10,925.00/year ~ , 8,940.OOlyear $ 23,894.44/year $ 800.00/year ~ 800.00/near $ 1,644.00/year $142,978.04/year $82,000/year in 2010 $86,100/year in 2011 $90,405/year in 2012 $94,925/year in 2013 $ 41,444.04/twice yearly for 2010 $ 43,050.00/twice yearly for 2011 $ 45,202.501twice yearly for 2012 $ 47,463.00/twice yearly for 2413 97 Joint Powers Agreement between Columbia Heights and Northeast Metropolitan Intermediate School ]District 916 For a Police School Liaison Officer This Joint Powers Agreement dated this day of is made pursuant to M.S. 471.59 by and between the City of Columbia Heights (City) and Northeast Metropolitan Intermediate School District 916 (District 91 b). Whereas, District 916 wishes to have a full time Police School Liaison Officer at Metro Heights Academy beginning on January 1, 2010 through the 2012-2013 school year and is willing and able to fund the salary and fringe benefits for the police school liaison officer during that time period; Naw, Therefore, In consideration of the mutual undertakings set forth herein, the City and District 916 agree as follows: Purpose: The puiFose of this agreement is to create, fund, and implement the position of Polies Sch®nl Liaison ©ff cer. 2. Duties and Responsibilities: The job description for the School Liaison Officer is attached. 3. Selection Process: From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of District 916 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. Funding: District 916 will reimburse the City for the police school liaison officer's salary, fringe benefits and expenses as per the attached Cost Factor Breakdown. 5. Billing: Payment shall be made twice during the year: one-half in January and one-half at the end of the school year, upon receipt of a written request for payment from the City. 6. Term: This agreement shall commence on January 1, 2010 and shall end on June 30, 2013. Page 12 98 Schaaf Liaison Program Joint PowersAgreement 7. General Provisions: The Police School Liaison Officer is a city employee and shall not be considered an employee of District 916 for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with District 916 officials. The officer will have office space and phone at District 916's high school without cost to the City. 8. Indemnification by City: The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend District 916, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims ar actions which District 916, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act ar o~~ission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 9. Indemniftcation by District 916: District 916 shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of District 916, its agents or employees, in the execution, performance or failure to adequately perform District 916's obligations pursuant to this agreement. 10. I `ermination of Agreernent: Ninety day written notice by either District 916 or City is required to terminate the program. The Liaisan Officer can be removed at any time following the written notification of termination of the program. 11. Notice: Notice to the City shall be given to the Chief of Police, Columbia Heights Police Department, 825 41" Avenue NE, Columbia Heights, MN 55421. Notice to District 916 shall be given to the Director of Administrative Services, Northeast Metro 916, Intermediate School District, 2540 East County Road F, White Bear Lake, MN 55110. Page 13 99 School Liaison Program joint PawersAgreerrrent 12, Temporary Reassignment: Temporazy reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. 13. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by District 916 and the Chief of Police. Zn witness whereof, the parties have executed this agreement the day and year f first written above. City of Columbia Heights Gary L. Peterson Mayor Zistrict 9Z6 School Board Chair Scott Nadeau Chief of Police Page 14 Director of Administrative Services 100 COST FACTOR BREAKDOWN HIGH SCHOOL LIAISON OFFICER PROGRAM Base Wage -High School Liaison f>fficer: Patrol Top Wage $5,593.00/month Liaison Officer Premium $ 152.00/month Longevity (4 year rate} $ 93,92/month Holiday pay Deferred Compensation Overtime Allocation Total Base Wage Compensation and Fringe: F.I.C.A. (1.45%} Workers Comp (3.75%} P.E.R.A. (14.10%) Hospitalization ($745/month) Tata1 Fringe Benefit Costs Miscellaneous Costs: Training allowance Vehicle related expense utai 1`vt`iscelt'at~ieuus C casts Tot~rlFearly f'~s_fs. AGREED-UPON PAYMENT BY DISTRICT 916 Pius 10°l0 (58200) wage adjustment for 2°t~ year: Plus 10% ($9020) wage adjustment for 3rd year: Plus 10% ($9922) wage adjustment for 4~~' year: Twice yearly payments: %z in 3anuary and %a at the end of school year Each payment will be: Page 15 $ 67,116.OOlyear $ 1,824.00/year $ 1,127.00/year $ 3,582.04/year $ 325AOlyear $ 3,510.00/ $77,484.00/year $ 1,124.00/year $ 2,905.00/year $ 10,925.00/year $ SS940.00/year $ 23,894.OOlyear $ 800.00/year ~ 800.00% N t C A /'t I.......... ~ i,vv .vQtyc:ac $10_2;978.00/year $ 82,000.00/year in 2010 $ 90,200.00/year in 2012 $ 99,220A0/year in 2012 $109,142.00/year in 2013 $ 41,000.00/twice yearly for 2010 $ 45,100.00/twice yearly far 2011 $ 49,614.00/twice yearly for 2012 $ 54,571.00/twice yearly for 2013 101 SCHOOL LIAISOI'~1 OFFICER PROGRAM Columbia Heights Police Department and l~iortheast Metropolitan Intermediate School District 916 January 1, 2010 to June 30, 2013 X02 TABLE OF CONTENTS Subject Page Mission, Goals and Primary Responsibilities of the School Liaison Officer ...............................................................................................3 Objectives of the School Liaison Officer Pasition ..............................................................4 Position Description -School Liaison Officer Position: Accountability and Education Requirernents .............................................................b Position Description -School Liaison Officer Position: Qualifications .............................................................................................................7 Major Areas of Accountability for the School Liaison Officer Position .................................................................................9 Guidelines for School Liaison Officer Position .................................................................11 Joint Powers Agreement ....................................................................................................12 Program Cost Factor Breakdown .......................................................................................1.5 Page 2 103 1dIISSIUN, ~®ALS ANI? PRIMARY RESPONSIBILITIES ®F THE SCI-IU4L LIAISON (3FFICER Mission Statement: The School Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationslxip between youtlx, police, and other authority figures. CUoals: To work with and through school administrators, counselors, teachers, and students to develop a better understanding and a more positive attitude anxong students as to the role of a police officer. To work in liaison with school officials to provide, as much as passible, a safe and crime-free environment for students and staff. To act as a law enforcement consultant and educator to School District 9I6. Primary Responsibilities: The School Liaison Officer shall function as a law enforcement officer within the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school administrators and parents. The School Liaison Officer shall remain corxscious tlxat tlxe primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children, in botlx criminal and non-criminal nxatters to effectively solve criminal cases and build a basis far successful prosecution when warranted and/or make all appropriate dispositions of txon-criminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney andlor City Prosecuting Attorney far complaints and coordinates with other j uvenile referral agencies to appropriately handle juvenile criminal and non-criminal acts that have conxe to the attention of the Departmerxt. Page 3 104 THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Ob,~ectiue #Z: To provide a formal process ar rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity and. provide intelligence. c. Reduce the use of uniformed officer intervention at school sites for response to school related service demands. d. Maintain community contact for: Parents, students, neighborhoods, community organizations {PTA and other service providers}. e. Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator #I: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or program successes. ~~ier^t~ve #2: To provide the following services to District 91.6: a. To coordinate azzd directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropri- ately to non-school related intelligence regarding gang activity. Ta reduce the number of calls responded to by uniformed officers at school sites. Pa~e 4 5 School Liaison Program Indicator #2: Statement of Objectives Maintain adequate knowledge through review of daily reports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. Objective #3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective #4: Improvement and continual update of Liaisan Program. Indicator #~: Yearly evaluations to be prepared by School Officials, Folice Department and Liaisan Officer for annual review and evaluation. Page 5 106 POSITION DESCRIPTION -SCHOOL LIAISON OFFICER ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Police Captain. Officers serving in the assignment may be removed at the discretion of the Chief of Police. The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer reports to and is directly accountable to the Police Department Captain and/or the Chief of Police. Education and Training Requirements: POST licensed, supplemented by course work in investigative techniques, interview and interrogation techniques and crime Beene processing techniques, at least three years of experience as a police officer. Page 6 107 POSITION DESCRIPTION -SCHOOL LIAISON OFFICER (pUALIFICATIONS Considerable knowledge of the principles of modern investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use information obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one tune. The ability to manage time effectively. 9. The ability to speak effectively in public. lfl. The ability to want effectively with juveniles. 11. The ability to gain cooperation, support, and assistance of the area church organiza- tions, County Welfare, County Gaurt Services, Juvenile Court, County and City law enforcement; and other agencies in the catnmltnity, 1.2. To meet as needed with representatives of District 916 and the Police Department to discuss individual student and student body problems that affect school or police department objectives. =' 13. The ability to provide educational materials and lectures for the students, the school staff and the community on juvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. Pa~8 7 School Liaison Program Qualifications 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, gang activity, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 1.8. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes lle/she is working in a juvenile environment. The 3uvenile Officer must assure the students and the staff that he/she is not in the school to create a police state, helshe is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent iaaforrriation for j uvenile court determina- tions. 29. The School Liaison Officer is often in a favorable position to work on many creative pxograms and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Pa~9 8 MA,TOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION 1. To attend school staff meetings as a resource person in developing and adapting procedures that will contribute to the prevention of juvenile delinquency. 2. To promote a climate of physical and psychological safety that is conducive to learning. 3. Support proactive initiatives to reduce gang affiliation among students. 4. To assist in addressing student truancy. 5. Ta communicate and cooperate with county welfare officers, probation personnel, and other members of the professional community when. appropriate. 6. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of covet referrals when necessary. 7. Ta be a part of the total team effort to provide tale models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day-ta-day contact as a resource person. S. To became involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Participate in community affairs as requested or assigned, and be available far lectures to school and community groups. 9. Ta facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. 10. Ta assist and advise insecurity matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school afflclal~S~. 11. To maintain individual police skills, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. 12. To prepare and submit necessary case files regarding cases assigned or investigated. Pa e 9 ~10 School Liaison Program Major Areas of Accountability 13. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. 14. Investigates reported crimes, bath in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. 15. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements, fingerprints, photos and drawings, etc. 16. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 17. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. 1$. Ensures proper disposition of all assigned cases, meets with the Police Captain regularly to review the status pf all cases and determines whether to pursue, delay or close the matter. 19. Confers with parents, other members of the Criminal Justice System, and those private and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children ar family units, in the disposition of matters involving juveniles and/or children. 20. Preparation and presentation of appropriate material to students. Ll. Deeps the r'olice Captain advised of ail current investigations and performs all ether duties as apparent or assigned. Pa~e ~l 0 GUIDELINES FOR TIIE SCHOOL LIAISON OFFICER POSITION 1. Work week will be based on a forty-hour week. 2. Work hours will be proximate to the school day. 3. Will be assigned a department vehicle while on-duty. 4. Time commitment is appropriately divided in each of the following categories, a. Tn-school activity, b. Case investigation, training, and meetings as scheduled. c. rn summer months, the officer will assist in proactive initiatives in addition to assisting at the A.L.C. 5. Primary supervisor is the Police Captain. Secondary supervisor is the on-duty palice supervisor. 6. Must repoz~t to a supervisor daily, but is authorized to report immediately to the school each day if approved. 7. Must be prepared to perform all police functions, as the officer is subject to immediate call-out for other activities, but must be discreet in the visibility of palice equipment. 8. Will be assigned a cellular phone, and the phone must be operational during all hours when on duty. 9. Break tizrze will be as defined in the uniozz agreement. i_ d. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. 11. Must dress izl a mannex that is acceptable to school administratars and with the approval of the Chief of Police. 12. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist schaol staff, and to assist students. 13. Will prepare appropriate reports to the Captain and/or Chief of Police. 14. Shall attend any scheduled Investigator and Department meetings. Pa~i2 1 CITY COUNCIL LETTER Meeting o£ December 14, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: d~ ....- NO: DATE: December 9, 2009 BY: '~, BACKGROUND/ANALYSIS Attached is the business license agenda for the December 14, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2010 and Business Licenses for 2010. Please note a few of the business licenses are still pending police approvals. Licenses will not be issued until approval has been received. However, since this is the last meeting of the year, they are included on this agenda with the above mentioned stipulation. At the top of the license agenda you wilt notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, cCl-Laldl lti Uidtta.ldoll caH1Id4Jl be I-eleased tC} ltte public. RF,C'O>•/fl~NiaFI) MOTION. Move to approve the items as listed on the business license agenda far December 14, 2009 as presented. COUNCIL ACTION: 113 TO CITY COUNCIL December 14, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Kevin's Htg & Cooling *Metropolitan Mech. *Fore Mechanical Riccar Heating *Solid Refrigeration *Air Mechanical *Horwitz Inc *Kline Carp/Practical Sys *Sayler Htg & AC *Automatic Gar Door *Swift Mech Inc 6474 20`" Ave S, Hugo, MN 7340 Washington Ave S, Eden Prairie 3102 103`d Ln NE, Blaine 2387 Station Pkwy, Andover 1125 American Blvd E, Bloomington 16411 Aberdeen ST NE, Ham Lake 4401 Quebec Ave N, New Hope 4342B Shady Oak Rd, Hopkins 3354 Humboldt Ave S, Mpls 8900 109t" Ave N, Champlin. 3404 Victoria St N, Shoreview $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 *Asphalt Driveway *No Country Concrete United Water & Sewer *Norblom Plumbing *Champion Plumbing *Randy Lane & Sons Plumb C& T Plumbing *Gene's Water & Sewer *Erickson Plumb & Htg *('arl~nn Pl~,~mbing 1211 E. Hwy 36, Maplewood 7040 143`d Ave NW, Ramsey 7100 Northland Cir, Brooklyn Pk 2905 Garfield Ave S, Mpls 3670 Dodd Rd, Eagan, MN 1501 W Broadway, Mpis 21000 Rogers Dr, Rogers 3134 California St, Mpls 1.471 92°d Lane, Blaine 3728 Erl ertnn Ct~ Vadnais i-its g-._~. *Demo, Dig & Haul 15305 3101h, Center City *Neisen's Paving & Excav 509 2°d Ave NW, Arlington, MN *Ryan Co 50 S 10'" St, Mpls *Let's Get Graphic 8560 Cottonwood St NW #200, Coon Rap *F.A. Bartlett Tree Expert *JC's Skyview Treecare *NE Tree *The Davey Tree Expert *Terra's Canopies LLC *Living Water Tree Serv *MN Tree Surgeons 5505 N Hwy 169, Plymouth 17414 153th St. Little Falls 2527 Jackson St, Mpls 1500 N Mantua St, Kent, OH 3610 46 'h Ave, Robbinsdale 2605 136t" Ave NW, Andover PO Box 1038, Delano 114 $60 $60 $60 $60 $60 $60 $60 $60 $60 ~hn $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 FUEL DISPENSING DEVICES-2010 *Jeff, Bobby, & Steve's 3701 Central Ave $210 Speedy Mart 4001 University Ave $170 ON SALE BEER *Albert's 547 40`" Avenue $400 ON/OFF SALE BEER *Jeff, Bobby & Steve's 3701 Central Ave $550 Pending Police Approval OFF SALE BEER *RBF/Rainbow Foods 4300 Central Ave $150 Pending Police Approval VVINEBEER LICENSE * Bombay Vegan dba Nalapak 4920 Central Ave $2400 Pending Police Approval LIQUOR LICEN5E *SAH, Inc. dba LaCasita 5085 Central Ave $6700 Pending Police Approval CIGARETTE SALES LICENSE *RBF/Rainbow Foods 4300 Central Ave $300 Pending Police Approval Speedy Mart 4001 University Ave $300 Pending PoiH%! Approvvai *Jeff, Bobby & Steve's 3701 Central Ave $300 Pending Police Approval SMOKE SHOP LICENSE Hookah Kingdom 4919 Central Ave $300 Pending Police Approval Fouad's Inc. 41.10 Central Ave $300 Pending Police Approval 115 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: December 14 2009 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 132662 through 132929 in the amount of $ 5,346,041.21 These checks have been. examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 116 ~ H n~C~roHCro n~-,~-,mn mH o ~ * * * * * * H~ G ~ ~m o a G~ m K ~o 0 0~ G z ro m * * Nn c, p n m t-~G ~ K C p o lD G G G (D ~ n rt ~ * * \~n 0 H ~ N C2 T' n 0 f,~,u. n K K K C1 C1. C N- 0 x- * H Li b' H G ~i W ',T' 7 N• O (D Y+ '.~"f Cl Y. 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n G] G] H CCy ~„o~c ~~ 0 o O x1 U] 'TJ cn 00 ~ C m~ o d7 H ,b ,TJ tsJ x b H ro~ ~x G1 H C~1 C11 CITY COUNCIL LETTER MEETING OF: DECEMBER 14, 2009 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY: BUDGET FOR THE YEAR 2010, SETTING THE CITY GENERAL LEVY AND BOND LEVY DATE: DECEMBER 9, 2009 NO: In past years the City of Columbia Heights was required to hold a separate Truth in Taxation budget hearing on the first Monday in December. State statues were changed and no longer require a separate hearing date. The attached resolution is a result of the information provided. in the City Manager's proposed budget as discussed with the City Council at various City Council. meetings and wark sessions. Also attached is a list of the proposed changes to the budget. This list is based on City Council discussions at work sessions and City Council meetings. The attached resolution also includes a paragraph cancelling the City's debt levy for the Public Improvement bonds, as special assessment collections are adequate to cover this debt service payment. The final paragraph of the resolution reaffirms the City's levy for the infrastructure bonds, the levy for the public safety building anal the Murzyn Hall energy improvement bonds. The levy far these bonds was approved by the City Council as part of the bonding resolution and certified to the county at the time of the bond sale. This is included here just to provide complete information regarding the City levy. One of the key items in 2009 was the development of a four-year budget plan. ]n the first year of the plan, 2010, the city has a 10.88% increase in the levy for general operations. The amount of the levy increase decreases each year. In 2013 the plan has a 4.98% increase and does not use any LGA in the general operating budget. At that point, if the city does receive any LGA, it can be utilized for capital building needs or as a tax reduction to the city's debt levy. The next important factor in the plan is that expenses for 2010 are frozen at the 2008 spending level. The 2008 budget had only increased by 3% over the 2003 level. The plan also limits inflation for 2011 to 1% and a 2% increase for 2012 and 2013. RECOMMENDED MOT10N: Move to waive the reading of Resolution 2009-197 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2009-197 being a resolution adopting a budget for 2010, setting the City General Levy at $8,052,142, and reaffirming the previously approved bond levies of $1,023,283. WE:sms 09121 1 !COUNCIL Attachments: Resolution 2009-197 Budget Add-backs Four-year Plan Standard 8~ Poor's Bond Rating COUNCIL ACTION: 127 RESOLUTION 2009-197 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2010, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2010 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,103,913 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 822,743 DARE Project 20,000 Infrastructure 220,264 Capital Improvement 634,505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 Liquor Operating 8,617,835 Liquor Capita!/Non-Operating 704,624 Water Utility Fund 2,429,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Expense Including Interfund Transfers 33,629,795 Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2010: Revenue General Fund __.. 10,103,913 Community Development Fund 263,988 Economic Development Fund 346,428 State Aid 159,116 Cable Television 119,439 Library 822,743 DARE Project 20,000 Infrastructure 220,264 Capital Improvements 634.505 Capital Equipment Replacement Funds 512,014 Construction Funds 1,351,000 Central Garage Fund 691,800 Liquor Operating 8,617,835 Liquor Capital/Non-Operating 704,624 Water Utility Fund 2,429,598 Sewer Utility Fund 1,800,247 Refuse Fund 1,534,827 Storm Sewer Fund 353,378 Data Processing 306,776 Debt Service Fund 2,637,300 Total Revenue Including Interfund ~'Cf~nsfers 33,629,795 RESOLUTION 2009-197 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2010, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Section C. The following sums of money are levied for the current year, collectable in 2010, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,229,778 Estimated Library Levy 738,393 Estimated EDA Fund Levy 83,971 Total 8,052,142 BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2010 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2010. BE IT FURTHER RESOLVED: That the City shall levy for the General Obligation Bond Series 2007A (Infrastructure Fund} in the amount of $132,267, 2008A (Public Safety Building} in the amount of $662,159, and 2009A (Murzyn Hall Energy & Add'I Public Safety Building) in the amount of $228,857 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2010. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2010 that is higher than the tax rate calculated for the City for taxes levied in 2008, collectable in 2009. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ------------------- day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 129 City of Columbia Heights Budget Cuts and Add Backs Prepared 12/08/09 (City Council additions and reductions to proposed levy resolution #2009-134 Adopted 9/14/09 _ _J Resolution Detail Police Addition of 27th officer $73,761 This is a grant so there will be an addition to revenue Grant is 206,029 for three year term - 68,676 per year Capital Improvements Library Rooftop air conditioning unit 2 ton $5,000 $50,000 Parking Lot Repair $20,000 Boiler $25,000 City Hall Computer room HVAC, Building Security, Other Improvements $60,000 Public Works Boiler Replacement at MSC $25,000 Cleanup Items Water Utility -Bonds $40,000 Typo Correction: The annual bond payment for the 2009 water utility bond is 176,000. It was entered into the budget as 136,000 City Clerk Transfer PT Imaging Tech. position from IS Department to City Clerk and $16,216 transfer funds to cover the position. No change to overall budget expense. 130 CITY OF COLUMBIA HEIGHTS DATE: MAY 7, 2009 TO: THE HONORABLE GARY PETERSON CITY COUNCIL MEMBERS TANII DIEHM BRUCE KELZENBERG BRUCE NAWROCKI BOBBY WILLLAMS FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: PREPARING FOR THE 2010 BUDGET (Page 1 of 2} At the work session on May 4`" staff handed out information related to the preparation of the 2010 budget. Included in this was historic information regarding the budget, Local government aid (LGA), levies, and past property tax increases. It should first be noted that this presentation only dealt with the city property tax levy that appears on the property tax statements as the city levy. The presentation did not include the school levy, the county levy, the city HRA levy or the county HRA levy for the city. The reason for concentrating on the city portion of the levy is that this is the primary funding for the General and. Library funds. The HRA levies are separate levies used primarily for redevelopment within the city. As these are separate levies for a specific purpose they can be dealt with more efficiently at another time. Page 1 of the document shayyw//s}} the General and Library fund budgets for 2003 with a comparison to 2vv8 aiad a propo,~ed 2ifi ii au'ndiifg level. it also sho`v`v's ties aiiaouiat of personnel expense, along with the percent of the budget that makes up personnel. The largest departments, such as Police and Fire, have 91 % and 90% of their budget in personnel casts. Subseq_uently_ it is very difficult to reduce budgets without reducing personnel and services provided. The reason for using the 2003 adopted budget as a basis is that it is our highest-level budget and it is the year that the state began to significantly reduce LGA. The next column shows the 2008 adopted budget. As you can see, the 2008 budget only increased by $317,635 over the 2003 budget. This is a 3.3% increase in expenditures over afive-year period. Staff is proposing that this be used. as the basis for the 2010 budget. The next column shows the 2008 budget plus City Council approved pay increases through 2010. Using this column as the starting point in the preparation of the 2010 budget we would be freezing expenditures at the 2008 level with the exception of the approved pay increases. The next section, lines 34-37, shows the projection of utilities for the new gymnasium and public safety building as an addition to the base budget for 2010. The bottom section of this form, lines 39-48, reflects the projected revenues for 2010 through 2013 for the start of a four-year budget plan. The primary goal of this plan is to no longer be dependent on LGA as a funding source for general operations. As you can see, in 2013 the projected LGA. for general operations is zero. Line 45 shows the effect this budget plan has on fund balance. In 2010 we would be utilizing $689,489 of fund balance. In 2011 the fund balance used is $99,090, then in 2012 and 2013 we begin a slow rebuilding of fund. balance. The 131 Page Two bottom two lines show the percent and amount of inflation that is built into these budgets. The year 201.0 has zero inflation, 2011 has 1 %, and 2012 and 2013 have 2% inflation. Page 2 shows the history of the city levy and what we have received in LGA from 2003 through projected 2010. The top portion shows the years and our certified LGA and the cuts that we have received. As you can see, on line 16 the total lost LGA from 2003 through projected 2010 is $12,020,989. When you go to the bottom section of the chart it shows our levy history for the same period of time. Here, again, on the bottom you can see that the total revenue gained through increased property tax levies is $12,806,045, which does fully offset the lost LGA. The main paint of this chart is that it shows that our property tax Pevies have basically covered and made up for the lost LGA. The last four columns on the bottom section of the chart show the percent of increase in the levy for 2003 through 2010. As you can see, our levy increases were high in 2004 and 2005 to make up for lost LGA and then decreased significantly. Likewise, the current four-year budget plan has the largest levy increase in the first year. Page 3 shows the four-year levy plan. In this plan 201.0 is the heaviest year as it covers the new expenses for the gymnasium and public safety building as well as additional bonding to cover the Murzyn Hall improvements and the new public safety building. In the years 2011 through 2013 the levy is increased only to replace Lost LGA and to begin replacing fund balance used in 2010 and 2011. The two bottom sections of the chart reflect the Levy increases broken down for general operations and for debt. Lines 27 and 28 reflect the fund balance changes and the total percent of levy increase far the four years. Following this plan through to 2013 will result in 2013 having a property tax levy increase of less than 6% and an increase to fund balance of slightly over $100,000. One of the key points of this budget plan is to remove the reliance on LGA for general operations. The plan is based on receiving and using $425,338 in LGA for years 2010 through 2013. However, there is a possibility that we could receive more LGA in these years. If this holds true, any additional LGA that is received. can be used to reduce the city's debt levy or put aside in a capital building replacement fund. Any portion that is used to reduce the debt levy will result in a direct property tax savings to the residents. For example, in 2010 the plan projects that we will receive $426,338 in LGA. if the city receives more than that, aii or a portion of it can be used to reduce the debt levy, which will result in a reduction of the total city property taxes to the residents. Additional LGA of $300,000 would reduce the levy by approximately 4%. Based on the discussions at the work sessions, based. on this four-year plan. This budget will schedule that has been utilized in previous years. staff will start preparation of the 2010 budget be presented to the council following the same WE:sms 0905073COUNCIL 132 A I B I C I® I E I F I G City of Columbia Heights, Minnesota Budget Comparison ~ Projection 2003 - 2010 General Fund, Library and EDA General 8~ Library Fund 8~ EDA Levy Fund 2003 Adopted Bud et 2008 Adopte Bud et 2008 Budget Plus Pay increase Thru 2010 2010 Personnel Ex ense Personnel Percent of Bud et 1 Mayor-Council 41110 211,014 183,523 190,778 117,089 61% 2 City Manager 41320 412,706 398,026 422,202 390,209 92% 3 City Clerk 41410 8,105 49,588 52,600 48,608 92% 4 Finance 41510 643,973 656,173 694,978 626,317 90% 5 Assessing 41550 101,000 106,415 106,415 0 0% 6 Legal Services 41610 196,572 186,500 186,500 0 0% 7 Fire 42200 916,572 1,159,768 1,227,885 1,099,415 90% 8 Police 42100 2,786,587 3,075,586 3,317,120 3,024,189 91% 9 Gen Gov Bldgs. 41940 158,546 159,212 159,212 0 0% 10 Emergency Management 42500 84,973 22,344 23,126 12,621 55% 11 Animal Control 42700 16,150 15,470 15,470 0 0% 12 Weed Control 43260 16,428 21,493 22,276 12,631 57% 13 Recognition/Special Events 45050 71,368 41,700 41,700 0 0% 14 Contingencies 49200 50,000 100,810 100,810 0 0% 15 Transfers 49300 480,000 185,000 185,000 0 0% 16 Engineering 43100 319,076 321,402 339,357 289,796 85% 17 Streets 43121 690,319 760,897 787,880 435,505 55% 18 Street Lighting 43160 126,416 151,167 151,544 6,082 4% 19 Traffic Signs & Signals 43170 73,251 81,182 84,824 58,788 69% 20 Parks 45200 751,437 735,514 764,977 475,535 62% 21 Tree Trimming 46102 104,500 128,984 133,214 68,273 51 22 Recreation Admin. 45000 224,417 158,608 167,790 148,190 88% 23 Youth Athletics 45001 19,702 33,293 34,845 25,044 72% 24 Adult Athletics 45003 25,328 29,419 30,152 11,824 39% 25 CHASE II/Youth Enrichm. 45004 22,169 60,104 62,497 38,631 62% 26 Travel Athletics/CHASEIII 45005 22,635 31,139 32,227 17,554 54% 27 Trips & Outings 45030 38,666 57,212 58,344 18,277 31% 28 Senior Citizens 45040 78,580 81,689 85,539 62,139 73% 29 Murzyn Hall 45129 249,022 228,230 239,136 176,023 74% 30 Library Total 45500 679,700 738,346 772,743 555,169 72% 31 EDA Lev 140,569 78,622 83,971 83,971 100% 32 Sub Total 9,719,781 10,037,416 10,575,111 7,801,877 74% 34 New Expenses 35 Maint & Utilities new GYM 85,000 36 Maint & Util new Pub Safety 300,000 7 Total Expense Projection 9,719,781 10,037,416 10,960,111 39 Revenue & Ex Pro~ections 2010 2011 2012 2013 40 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 41 LGA 425,338 425,338 425,338 0 42 Other Revenue 1,793,142 1,793,142 1,793,142 1,793,142 43 Total Revenue 10,270,622 10,970,622 11,570,622 11,645,284 44 Expense 10,960,111 11,069,712 11,291,106 11,516,928 45 Fund Bal Used Increase 689,489 99,090 279,516 128,356 46 Exp Increase for Inflation 47 Percent 0.0% 1.0% 2.0% 2.0% 48 Amount 0 109,601 221,394 225,822 133 LL W O ~ O N O ~ ~ C ~ (~ U J N H ~ ® Q O ~`~' O v ,~ N '~ RS O ~ ~ ~ ~ -~ CFS ~ = N (~ Q ~ ~Q ~ J - J ~ ~ O ~ ~ O J ~ C -~ ~ C aZS a U ~ ~ ~ ~«- o O .a ~ a=. ~ ~ aLL~~ ;,,_~ ~ ~ ~ J ~ N N . U ~ T U W I ~ Q C'O N N ~ d1 'ct ~ _ i ~ I\. cn d• Imo- c0 cs7 00 M M M O P- CO _ O LC>COd' I~ O N ~~~~ e- ~ N i O OOI~d• W OM O s07NOOcd')CO O")c° O •OhO~~sd~W r-O O >Nd•OO~GO tL~~ O >t17~N~-NM CO CO O ~Mtf)`-'N M ~...~ v ~-~h O r >Mi~•tid'M OO ~M M ~OI~o0Od• OOM NM M INd•ctLL)t- NM MM M ~OtpNMCO NN CON N ~COOONN • ~ r r r s-- O~ r W ~ c- d• d• ~.f) CO i~ M O M O 67 07 O O O 0 0 0 0 0 0 0 0 0 0 e- ~- ~- 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N C > .,-. N C C ,~ ~ ~ O O ~' to O U V O O O Q - " Q N I O O t0 p ~(~ ~~ "• p J _! o C~ ~ pC~~ZC~JZ V -I L • ~ -~ 'O 'O J T3 'O • O V • ' ~ a O N N O N N O N N ~-,+ .«.. O .~ .r U U~ U 2 O a dd Q 0 0 0 N O d: M CD f6 'a ~ 00 0 M N O N ~- U U 0 C = d'Ol~f~-MOMaO N OOCDMM~I~•CON J ONIf)tt)CflMMO I~I~NI~OtnNO ~ r- ~t O d' O d• O d• O OOd~~MtnOf~-tom F•- d' lf~ CO Cfl CO 1~- t`- 00 •Q > ~ ~ i ~ i ~t N o0 ~ J N amp ~ ~ mot' CO ~ O O ~ 0 0 0 0 0 0 o N ~OOet~tNO ~ ° ~ MNd•NCO'~tO ~- N C J _ >+ '1 ~ O > ~ MOOOOCOo~Or V p ~ ~NI~•NI`-~eON C ~ .*O-, CflN~COOMN U ~ ~~-~NNM ~ O N O Q Q. 0 (a Cf7 CU 1~• O CO N N lS7 as cl•~r~Or-caNN ?- ~NNOONNO to COO~InMCOf~oO O O vNLf)~Lf)~OM O p tl7tS~N~-d' NoO ~ ~> ~ ~ ~ > U ~ a~ ~t O Imo- 1~- M to Imo- N ~ >,M000OMM~O~-~7' ~ > ~-C33N~tn0000~t- F- +_~ N rt ti ice- N f~- O CO 'ct N O ~ -I N~d'O~tO~-~~ p s~- O d• d• t[) CO CD CO CO 1~- a0 m ~ I- M d' ~.f3 CD 1~- 00 O O 0 0 0 0 0 0 0 ~- 0 0 0 0 0 0 0 0 N N N N N N N N T N J Q O Q m N N to A B C D E City of Columbia Heights Four year levy plan Detail of projected levy increases r re area oi4i~u uy Lev Year 2010 2011 2012 2013 1 Purpose far levy increase 2 Wage Increases (approved in 2007) 253,025 2013 does not GA use 3 Utility Maintenance Expense in the 4 New Public Safety Building 300,000 operating 5 New Gym 85,000 budget 6 Fund Balance used in Prior years 7 Makeup lost LGA 200,000 700,000 600,000 500,000 8 Total operating Levy Increase 838,025 700,000 600,000 500,000 9 Murzyn Hall Improvement levy 72,640 10 Add'I Public Safety Band (2 Million} 136,000 11 Increase in Pub Safety Bond Payment 304,500 12 TIF District Offset (304,500) 13 Total Debt Levy Increase 208,640 - - - 14 Total projected levy increase 1,046,665 700,000 600,000 500,000 15 16 2010 2011 2012 2013 17 Prior Year City Levy 7,702,362 8,749,027 9,449,027 10,049,027 18 19 Total current Year levy 8,749,027 9,449,027 10,049,027 10,549,027 20 % Increase for General Operations 10.88% 8.00% 6.35% 4.98% 21 % Increase for Debt 2.71% 0.00% 0.00% 0.00% 22 % Increase for Total Levy 13.59% 8.00% 6.35% 4.98% 23 24 2010 2011 2012 2013 25 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 26 Debt Levy 696,$86 696,886 696,886 696,886 27 Fund Balance (used) increase (689,489) (99,090) 279,516 128,356 28 % Increase for Total Levy 13.59% 8.00% 6.35% 4.98% 135 CITY COUNCIL LETTER MEETING OF: FEBRUARY 9, 2009 AGENDA SECTION: OTHER ORDINANCES ORIGINATING DEPT: CITY MANAGER AND RESOLUTIONS FINANCE APPROVAL NO: ITEM: RESOLUTION REDUCING THE BY: WILLIAM ELRITE BY: ADOPTED 2009 BUDGET IN ANTICIPATION OF LOCAL DATE: FEBRUARY 5, 2009 GOVERNMENT AID REDUCTIONS NO: In anticipation of reductions in the amount of money the City receives in local government aid, the City Manager and staff have made advance preparations based on Governor Pawlenty's proposal to reduce the City of Columbia Heights' aid by $460,000 for the year 2009. Through significant advanced planning and reductions, staff and the City Manager are recommending to make cuts and revenue enhancements to compensate for the governor's proposed reductions in the 2009 budget. These cuts and. reductions are a combination of reducing services and expenses, some layoffs, and all employees taking an 80-hour furlough without pay in 2009. It should be recognized that this level of reductions cannot be made without serious impairment to services provided by the City of Columbia Heights. These reductions, as laid out in the attached resolution, should enable the City to deal with the governor's proposed aid reductions resulting in a corresponding reduction of services to residents. As has been discussed with the City Council, staff will continue to evaluate expenses and revenues during the preparation of the 2010 budget. This should allow for the adoption of a 2010 budget that will deal with any further aid reductions that are made by the state legislature. It is staff's very strong recommendation that the council seriously look at increasing other revenue sources wherever possible. There are some instances where the City could make services self-sustaining rather than reliant on taxes or state aid. An example of this would be to establish a street light utility to collect service fees to cover this expense. Another example is that currently approximately $100,000 per year is used to supplement the operation of Murzyn Hall. Service fees should be established to cover the cost of this operation. The other area that needs to be clearly understood is that unlike the budget reciuct'rons of 2003 and 2004, the current reduction cannot be made without seriously reducing services. The cuts willymean having parks, streets, a 111 elt 2 JJV bvuic'vard trees, and otjier pubhC `v`Jorks petits maiiitalned at i~ ~' ~e°°°r level. L ;brary hours (from 60 t0 Sl~, reference work, and other services will also be reduced. Murzyn Hall would close when it is not in use for recreation programs or by afee-paying group. This means fee waived groups would need to be rescheduled to times when the hall is open. Other services such as abatements for weeds and unkempt properties may not be at the same level as in 2008. In addition to this, we are exploring other reductions such as using an automated attendant for phone calls and encouraging all payments that do not require a receipt to be made in the payment drop box. It is important that the City Council understand that these service reductions may result in more citizen comments and input. RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-24 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2009-24 being a resolution. reducing the adopted 2009 budget in anticipation of local government aid reductions. WEams 0902051COUNCIL COUNCIL ACTION: 136 RESOLUTION N0.2009-24 RESOLUTION REDUCING THE ADOPTED 2009 BUDGET IN ANTICIl'ATION OF LOCAL GOVERNMENT AID REDUCTIONS WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $460,000 in the amount of state aid the City will receive in 2009; and WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $960,000 in the amount of state aid the City will receive in 2010; and WHEREAS, the City Manager has utilized advanced planning and preparation for these reductions; and WHEREAS, it is the overall goal to balance the City budget for 2009; and WHEREAS, the City Council recognizes that this budget reduction will have a significant impact on services provided to residents: NOW, THEREFORE, BE IT RESOLVED that the following budget reductions be made to the 2009 property tax supported. budgets. Adopted Fund 2009 Budget Proposed Cuts General Fund 9,793,340 516,055 Library Fund 783,847 92,377 Community Development Fund 625,309 50.568 Estimated Furlough Expense 260,000 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to develop along- ran~e budget plan to include the reduction of services and expenses, the generation of new revenue, and a projection of property tax increases needed to offset the loss of local government aid. NOW, THEREFORE, BE iT FURTHER RESOLVED that the City Manager instruct staff to explore all areas where City revenue and fees can be increased to offset the cost of providing services and present recommendations to the City Council for evaluation. Passed this day of , 2009 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, City Clerk 137 ~a~~~~: Primary ~realit Airalyst: I.afi~~llle~'t"vBSt I_i~11C2~~01?_'_[13-'/11:~?;C31'tall'IN_'~AIN;a'~"t211~:~8Fl~dllil~l0iq'Si~iipl Secouaf~iry Crealit Analyst: Steff31118C1',r81',Ghi~_.ig~?111.^I'-_'33-'i~il?:;tNffdOie il'gel'~~StdlliJal'~1~I1~1~;C~C~rs.pinl R;t tlt-tr3.i ~P ~ }tIF~Or7~,: Kc'~~lit't~ ~Ca~<iC%~l wwvd.stanalard;intliparirs.rnul,~ratinysalirert l Standard ~', F~ior':. A.II ri~3hL reaer.?d. tda reprint crli~gerni nation s~ ithout c SF's p?rmi;>ion. ;?e T?rm: of Ust:'6i,claimer =7n tt,? last pe7a. Q v ~. . I I'~:t.6~15 n~~i (~ ~=~ pub fats ~ taxal~de ti ~ tax in~~rem~nt brads uar 2rn:ig~.,? 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The city coliilcil Lli:3itlt;tuls ;3 ~„alley t+-~ kee~T a 111i13i1i1~auYY 4io;G +,rj` the }~rcweediil~ ti-eaY•s exl7eut~litli.res ill ie:}ewes. rli.t i flitF' F<rl~7t ilii `it, the tiit~' S ~ rt'eY:ill t-lel:~t 1'`tYYt~1P 1991 15 LTl<_rt:ler:3 Ce :lt .P ~`,~ 1i1 ~+eY C_:3~r1C:3 ;311+.1 i. ~~'~ i r~ the ti rFt:3~ tL11:kY~~t:.et Y:3 ~ykte. ir,,i rki~lYl}- 11:311 i rI Clle ciCl '* ile%it !w 513 ~;r~+[rY Cell L~}- receitlte5, 51r>eci:31 d.~+`+~'^t.+ille[lt5r <rr C:3X IiY4rs?illeii CS, [t'Ili.CtY Yet)k1Ce5 Cile t;lx le['y Ye C~Uit'etYletlt5 i ril the i rVeY:lll t:l.s: 1+:15t', Title ~Nh1C1~![i r ~I r r~teYdttii#, ex~>eFlfl1t11I'e5 t'le[`Crtet'l C+:t t"lel:!t 5t''t`['ii:e c! r5C5 [~:3s htklY :3r '".~"°t7 ilY ''Oi)?, ilY olir ['ie}[: ~iiiclYtiz:3ti; rll is :3['YY:I~e; ~!J"'q ,ai the city's taiYect t-lelit is t~lie Ccr 1i1:3ttale [[~rthiil 10 }'e:3rs ;litd ~1 ",•`n BL'ItllitY ?t} [-eaYS. 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C.Cpi31. ~S~i Y:3 CiE1 ~T:~ :3ttectet~ i_74' this Y:3II31~ :3 c:Ci+!11 a:311 liz LirUilt'l i rtY ~C:3iltl;tSt_'i ~' I1i.r+rY 5 ~.~llcilic ~'el' Slfe :3C ti['l4'tR'.Sl;ktltf:3Yt~:3ilt{}'rittrYS.itrill; litYt~er !'~.Sltitl~i iil the left i1;1Fi~;att+atl E~.iY, select Fitlt-l :3 lid€iilg. wvuw.star~l.I~rklai~~lrar~r~rs,cau~,~r~ii~tgstlirr~t Standard ~ Froor's. ill ri•Ttda reseryd. tde reprint or diwrarni nation ;:ithout 58F's pzrmisi:ion. Sse~T~~rF •ii 14e'C~i:claimer an th _ 13x1 pag¢. COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: December 14, 2009 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administration APPROVAL ITEM: Resolution 2009-199 BY: Walt Fehst BY: In support of Broadband DATE: December 14, 2009 DATE: NO: Background: On November 24 the Anoka County Board approved County Resolution 2009-127, High Speed Broadband Connectivity in Anoka County. This resolution was introduced by Commissioners Kordiak and West and marks one milestone in the Connect Anoka County project. The project started last spring and is focused on increasing the availability of high-speed broadband and fiber-optic connectivity in the county. The county is actively pursuing a private broadband partner and intends to apply for federal stimulus funding. While the final project design will depend on the partner selected and funding received, the county has set the following fiber routing priorities: Option 1: Connect all institutional locations including county, city, school district and college buildings Option 2: Include Option 1, plus key business locations Option 3: Includes Options 1 and 2, plus build out to un-served and underserved areas in the county. During the last several months the county has collected a significant amount of information related to broadband in Anoka County and has posted it to its project Web site, www.ConnectAnokaCount~com. This information includes results from a telephone survey of area residents, input from stakeholder and community meetings, and maps of broadband coverage. Anoka County has asked our city to consider a resolution in support of the project. Recommended Motion: Move to waive the reading of Resolution No. 2009-199, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-199, being a Resolution of support for High Speed Broadband Connectivity. COUNCIL ACTION: RESOLUTION 2009-199 RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY WHEREAS, Anoka County has embark on a project to determine the interest in and needs for high speed broadband connectivity in Anoka County; and, WHEREAS, there are increasing educational, economic, and community benefits to increased high speed connectivity; and, WHEREAS, the City of Columbia Heights recognizes that broadband through optical fiber will be a long-term benefit to all citizens. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights supports the effort of Anoka County to develop a broadband vision and solicit public/private partnerships through a Request for Proposal process. BE IT FURTHER RESOLVED that the City of Columbia Heights supports submission of a federal grant to secure funding to implement the broadband vision. Passed this 14~' day of December 2009 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk BOARD OF COUNTY COMMISSIONERS A~roka Cocrraty, Min~iesota DATE: November 24, 2009 RESOLUTION #2009-132 OFFERED BY COMMISSIONERS: Kordiak, West, Lang, Berg, LeDoux, Sivarajah, and Erhart HIGH SPEED BROADBAND CONNECTIVITY IN ANOKA COUNTY WHEREAS, the County recently embarked on a project to detemline the interest in I-Iigh Speed Broadband Connectivity in the County; and, WHEREAS, the County knows of the growing need for greater speed, greater access, and continued competition for Broadband connectivity, and the County recognizes the growing need and benefit of high-speed connectivity for our governmental entities, businesses and residents; and, WHEREAS, the County understands the benefits of enhanced competition, cost savings, and reasonable pricing; and; WHEREAS, the County understands the economic and social benefits for gaverntnenta[ entities, businesses, and residents to compete in a global society; and, WHEREAS, the County sees the benefits to citizens for health care enhancements, educational pursuits, home based commuting, and growing desire for information; and, WHEREAS, the County recognizes the absence of effective connectivity to many governmental entities, businesses and residents in the County; and, WHEREAS, the Cow~ty understands the benef is of collaboration with local government, education, and private stakeholder partners: NOW, THEREFORE, BE IT RESOLVED the County supports the issuance of a Request for Proposals to attract a private partner, and the submission of a federal grant proposal to secure funding for our High Speed Broadband vision, thereby reducing the cost to our community of improved High Speed Broadband Connectivity. BE IT FURTHER RESOLVED that the County supports further collaboration with local government, education and private partners to further a high speed broadband vision and strategy for our community. BE IT FINALLY RESOLVED the County recognizes the need to take action to further High Speed Broadband Connectivity throughout the County to ensure a long term benefit to all citizens. STATE OF MINNESOTA) COUNTYOFANOKA ) SS YES NO 1, Terry L. Johnson, County Administrator, Anoka County, Minnesota, DISTRICT#1-BERG X hereby certify that I have compared the foregoing copy of the resolution of the county boazd of .said county with the original record DISTRICT ~2 -LANG X thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said board at a DISTRICT ~3 -- WEST X meeting duty held on November 24, 2009, and that the same is a true and correct copy of said DISTRICT #4 - KORDIAK X original record and of the whole thereof, and that said resolution was duly passed by said board at said meeting. DISTRICT #5 - LEDOUX X Witness my hand and seal this 24th day ofNovemb 2009. DISTRICT ~6 - SIVARAJAIT X /,{ TERRY L. JOHNSON DIS'T'RICT #~ - ERHART X C UNTY ADMINISTRATOR